Justice Department begins probe

Feds to investigate inmate’s death

BY JULIE K. BROWN
MIAMI HERALD / TNS

MIAMI – The U.S. Department of Justice’s Civil Rights Division has begun an investigation into the death of Darren Rainey, the 50-year-old inmate who was locked in a shower that had been converted into a scalding torture chamber at Florida’s Dade Correctional Institution.

150522_front02The FBI and the U.S. Attorney’s Office for the Southern District of Florida are also questioning witnesses in connection with alleged atrocities in the prison’s mental health ward, including a practice of starving inmates so severely that they would snap off sprinkler heads, flooding their cells and violating fire codes, so they would be arrested and sent to the county jail, where they would be fed.

Rainey’s death nearly three years ago, along with subsequent stories about rampant inmate abuse as well as a record number of deaths in Florida’s prisons, has spawned demands for an overhaul of the Florida Department of Corrections.

The agency’s inspector general, Jeffery Beasley, has been accused of trying to whitewash suspicious deaths, medical neglect cases and corruption. He himself is the subject of a state investigation after four of his subordinates stated under oath this year that he asked them to sideline cases that would give the agency “a black eye.’’

Rampant abuses
For more than a year, the Miami Herald has investigated claims, interviewed witnesses and reviewed hundreds of records from current and former inmates and staff at Dade Correctional, located on the edge of the Everglades south of Homestead. Alleged abuses included sexual assaults by officers against inmates, racially motivated beatings and the withholding of food from inmates in one wing of the mental health ward.

Inmates nicknamed a group of guards “the Diet Shift’’ because members routinely gave certain inmates empty food trays. Prisoners interviewed by the Herald described pervasive physical and mental abuse by officers, who threatened them with further abuse if they filed complaints.

Inmates also reported that guards would shut off their water and take away their toilet paper so they had no means to clean themselves.

Dead inmate ‘unavailable’
One inmate, Richard Mair, committed suicide in September 2013 by hanging, leaving a note filled with detailed stories of alleged corruption and assaults by officers. Five days before his death, the inmate, who had been serving a life sentence, sent a letter to Florida Gov. Rick Scott and his chief inspector general, Melinda Miguel, that contained many of the same allegations. Miguel’s office forwarded it to Beasley, who assigned an inspector to investigate, records show.

But in a single-page report submitted to Miguel one month after Mair’s suicide, the investigator determined that the issues Mair raised had no merit, that he failed to identify witnesses and that he was, in any event, “unavailable for a follow-up interview’’ – because, the report noted, he was dead.

‘Pattern and practice’ investigation
Justice Department officials, in a letter to the American Civil Liberties Union of Florida, acknowledged the federal investigation and said they were also examining whether prison officials abused their positions of authority and whether there was a pattern and practice of civil rights violations in the prison.

Harriet Krzykowski, a former counselor at the prison, said she suspected corrections officers were starving and abusing inmates. She said officers told her that if she didn’t keep quiet, she might find herself alone in a dorm full of violent inmates with no officers to protect her. She said corrections officers described to her how they would fabricate reports to make it appear that inmates who were beaten or abused had instigated the trouble.

“I would have conversations with officers and I would tell them you don’t have to be disrespectful or nasty, and they would say, ‘Oh yeah, they are a piece of garbage. Do you know what their crime is?’” said Kryzykowski, who has a degree in psychology and now counsels abused children in another state.

Severe mentally illness
Rainey, who was sentenced to a two-year term for cocaine possession, suffered from severe schizophrenia and had been in prison for four months when, on June 25, 2012, he was locked in a shower chamber specially rigged to deliver 180-degree water through a hose from a neighboring janitorial closet. Although inmates could avoid the stream, the blistering water would lap at their feet and fill the enclosed chamber with steam, making the air difficult to breathe.

Rainey was placed in the shower after defecating in his cell and refusing to clean it up. Prisoners said corrections Officers Cornelius Thompson and Roland Clarke and others on the shift that night ridiculed Rainey as he kicked the locked door and begged to be let out. They left him there for between an hour and a half and two hours, according to various staff reports. At some point he collapsed, falling face-up onto the drain.

Afterward, inmates wrote letters to the governor, the prison system’s inspector general, the Florida Department of Law Enforcement and Miami-Dade police, but nothing was done.

Media investigation
Finally, last year, Harold Hempstead, a convicted burglar, contacted the Miami Herald, and the newspaper began gathering records to support his story. Hempstead kept journals, now in the hands of investigators, detailing the abuse of inmates at Dade Correctional, including two inmates who weren’t fed and later died and several who were placed in the scalding shower before Rainey but survived.

Hempstead said he heard Rainey’s dying screams and the inmate’s lifeless body was carried directly past his cell.

Corrections officers ordered one inmate to clean up the shower, including chunks of Rainey’s skin that had separated from his body, according to the inmate, Mark Joiner. He placed them in a shoe, which was eventually tossed in the trash.

In an interview with the Herald last year, Joiner said he, too, heard Rainey screaming as steam filled the chamber that night and also heard the guards taunting Rainey, asking “How do you like your shower?”

It wasn’t until after the Herald published the story that the case was revived by Miami-Dade police, which recently finished its investigation and turned over findings to State Attorney Katherine Fernandez Rundle.

Lawsuit filed
Although the Dade Medical Examiner’s Office has yet to release an autopsy, a lawsuit filed in November by Rainey’s family said he was burned over 90 percent of his body.

The federal civil rights suit filed by Rainey’s family alleges that the Department of Corrections and Corizon, the company responsible for the prison’s health care at the time of Rainey’s death, not only knew inmates with mental illnesses were being abused in the prison, but allowed staffers to cover up the abuse.

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