August 16, 2014

Miami Herald article focuses on Dade CI problems

CORRECTIONS

Miami-Dade prison riddled with problems, internal audits say


 
Darren Rainey
Darren Rainey

BY ANN CHOI

ACHOI@MIAMIHERALD.COM

One month after the new warden took over at the troubled Dade Correctional Institution, Les Odom announced a series of upgrades designed to overhaul the state prison while addressing a number of “lapses” in proper management.
The list of upgrades, planned or already completed, range from replacing the air conditioning in the unit housing mentally ill inmates to better training the staff on how to keep track of the number of prisoners. The prison has had a problem conducting accurate counts and writing up incident reports when something goes wrong, according to a memo from Odom to his boss, Department of Corrections Secretary Michael Crews.
Odom said that audits of the prison south of Homestead found “lack of oversight and a culture of inattentiveness.”
The measures announced by Odom do not address the incident that has cast a harsh spotlight on the prison, spawned a criminal investigation and helped contribute to the firing of the last warden, Jerry Cummings. That was the 2012 death of Darren Rainey, a mentally ill inmate who was placed in a locked, closet-like, steaming hot shower until he collapsed and died some two hours later.
Inmates told the Miami Herald that the 50-year-old Rainey, serving a short stint for cocaine possession, had angered corrections officers by defecating in his cell and refusing to clean up the mess. The shower was used to punish him, as it had used on other inmates, they said.
No correctional officer involved in Rainey’s death has been charged criminally.
The memo, released to the Herald on Friday, deals more with housekeeping matters. According to the statement, all security equipment will be replaced by September; and broken sinks, toilets, showers and lights are being repaired, as well as the prison’s ventilation system.
Additionally, the memo says, the prison has hired a new food services director. Cummings and his top staff were suspended for one week in the spring because an inspection found unsanitary conditions and a bug infestation in the food area.
The memo goes on to say that a lack of documentation suggests that, in some cases, mandatory training for staff might not have happened. Also, officers have not properly filed internal reviews after a complaint or an event, potentially “leaving critical incidents unreported.”
It is not clear whether the shower death of Rainey is one of the unreported “critical incidents.” The department did not make Crews or Odom available to address questions.
The investigation into the treatment of Rainey has lingered for two years, in part because police treated it like a routine in-custody death. Investigators did not interview inmate witnesses until after the Herald wrote an article this spring divulging what happened.
Shortly after Rainey died, the Department of Corrections suspended its administrative investigation into the death until the Miami-Dade Police Department finished its probe, which is ongoing.
In his memo, Odom requested that further audits be conducted by an external team.

My Response:

I had to laugh when I read they were finally going to fix the A/C in the Transitional Care Unit after nearly five years of stifling hot conditions that both staff and inmates endured. It was made worse by the fact that not one window in the entire unit could be opened. In fact, I had to bring my own fan to work.

Audits found a “lack of oversight and a culture of inattentiveness.” Translation: Dade Correctional Institution was a "lazy camp." The reputation state-wide among the inmates was that DCI was "sweet" due to the fact that security was lax and inmates could get away with much more. However, being a lazy camp was a double-edged sword for inmates housed in TCU. They could not get their basic needs met in a timely manner. Requests for toilet paper, soap, clean towels and sheets, to name a few, were routinely ignored and left for the next shift. Required by DOC rules, taking inmates out to Recreation was strictly optional as far as guards were concerned.

By the way, guards never had to clean up any mess an inmate made. That fell on the inmates like Mark Joiner who cleaned up Darren Rainey's skin from the shower stall where he died.

I find it equally amusing that it took a rash of newspaper articles and community pressure for the DOC to find the money to fix a host of problems such as "broken sinks, toilets, showers and lights." I'm concerned that "all security equipment will be replaced" means only the replacement of the cameras where they are now. This is grossly inadequate. The beating of inmate Joseph Swilling took place in a hallway were there were no cameras. Obviously all blind spots must be covered by new HD cameras and equipment.

Finally, training for the guards in dealing with the mentally ill was nonexistent. Neither I nor any of my coworkers heard of one instance of psychological training. The only "mandatory training" was the yearly, sleep inducing, week-long PowerPoint presentation that indirectly addressed inmate treatment with the viewing of the Timothy Joe Souders' prison video. In a Michigan prison suicide watch cell, Souders was left without sufficient water and medical treatment. He died four days later after being locked down on a steel bed in temperatures that exceeded 100 degrees.

Odom's "memo" cites a "lack of documentation" with regard to guards filing "internal reviews after a complaint or an event." The reason, quite simply, was that guards never implicated themselves in any wrongdoing. Even when reports were written, I found guards to be sinister yet capable fiction writers as evidenced by their cover-up of the Rainey death. To imply Rainey himself turned the water to its highest temperature was an insult to anybody with a modicum of intelligence. “Leaving critical incidents unreported” or producing "bogus" Disciplinary Reports against inmates were two of the many frustrations I faced as a counselor trying to make a difference. The guards' "routine procedure" was to slant any and all versions of events in their favor.

August 9, 2014

My book, Getting Away With Murder was just published! Darren Rainey's petition - gone viral!

Hi Everybody!

Awesome news today. Darren Rainey's petition has gone viral and is adding between 1000 and 2000 signatures an hour! Thanks to all who have signed and forwarded the petition.

And, I've just published my book today. I'm excited and relieved at the same time. Now everyone can get the inside scoop about the Transitional Care Unit where Darren Rainey was housed. The link to my book is:  https://www.createspace.com/4929100

It is only available in paperback now. I will make an announcement in the next five days when it's available on Kindle and other ebook formats.

Thanks,

George Mallinckrodt

All that is necessary for the triumph of evil is that good men do nothing.
                                                                                             Edmund Burke   

August 3, 2014

Please sign the Change.org petition to get to 2000 signatures - It will go to Attorney General Eric Holder.

If you haven't signed already, please sign now. The petition asks Eric Holder to open an investigation into the death of Darren Rainey. I've already sent a formal complaint to the Justice Department on April 17th. We need to keep pressuring those in power to do a proper investigation that should have happened over two years ago. That's right - TWO YEARS AGO!


http://www.change.org/petitions/attorney-general-eric-holder-investigate-the-2012-death-of-mr-darren-rainey-a-mentally-ill-florida-prisoner-who-died-after-prison-guards-locked-him-into-a-180-degree-shower?recruiter=12595286&utm_campaign=signature_receipt&utm_medium=email&utm_source=share_petition

July 20, 2014

Book Update and New Cover

As my deadline approaches for self-publishing GAWM, I'm still figuring out the final details to get the story out. I collaborated with my brother-in-law in developing a new cover for my book. Lewis, a well known landscape artist and sculptor, deserves most of the credit. Through a circuitous route that included German expressionists, we arrived at an amazing image by Frank Miller that provided the final inspiration for what you see below.

The cover reminds me of the many times I looked into an inmate's cell though his window -  on these windows, many had written thoughts born of anguished desperation.

I plan to offer both Ebooks in multiple formats and a Print on Demand though links on my website. I am still anticipating self-publishing on August 1st.





July 11, 2014

The Speech Michael Crews Should Have Given at Yesterday's News Conference

The Lost Speech

Let me say as I stand here today, I am going to be completely truthful regarding the deaths of inmates before and since I was appointed Secretary on December 17, 2012. But first I want to apologize to the people of the great State of Florida for my mishandling of numerous investigations. While I can certainly point to people who failed in their duties, as Secretary of the Florida Department of Corrections, I alone bear the ultimate responsibility. As President Truman once said, "The Buck Stops Here."


                                                               Video by Al Diaz/Miami Herald Staff


I have made statements recently that bear no resemblance to reality. By saying, "the Department will build upon the existing training and resources staff has received to help them recognize mental illness," I gave the impression we already had systems in place. The truth is that we have no trainings for officers in how to deal with the mentally ill. While it's our policy "to de-escalate incidents without force being necessary," the reality, as you have reported, is something all together different. I vow to change these deficiencies.
           
I have said before that "there is not a culture of cover-up and corruption” in the DOC. I know you all don't believe it, and me repeating it endlessly won't make it so. To be clear, the DOC has engaged in a systematic cover-up of deaths in prisons around the state. The department has stalled investigations hoping they would go away. In denying access to documents or redacting them into useless gibberish, we blocked, stonewalled, and made flimsy excuses based on vague agency rules. The DOC likewise attempted to shuffle inmates around the state in a fruitless effort to keep them from you, the media. Again, I deeply apologize.

My predecessor, Joseph McDonough, was absolutely correct when he maintained that "virtually every part of the agency was tainted in some form." When he pointed to me and asked, "where has the leadership been?” I must admit that stung deeply. But he was on the money once again.

When I said that the “integrity and trust of my department is at question, and we must do more to ensure facilities are safe,” I meant it sincerely, now more than ever in light of recent revelations. Likewise, the statement, "We take any untimely death of an inmate very seriously," is one I now endorse earnestly and wholeheartedly. Inspector General Beasley said, "Transparency and accountability are critical to our mission." All these statements must have sounded like hollow dime-store sound bites considering the department was dodging every single request from the media. However, I do believe the sentiment holds true. So that the good people of Florida don't shake their heads once more saying, "All talk and no action," I want to tell you about measurable actions I am taking now.

I am not going to give you any excuse for why it took so long for me to respond to the deaths of numerous inmates these last couple of years. By way of explanation, I delegated tasks to my subordinates that I should of handled myself. It is my self-imposed duty to personally oversee, initiate, and follow through on all investigations of inmate deaths whether they are suspicious or not.

I want to apologize to investigators Aubrey P. Land, David Clark, Doug Glisson, and John Ulm for all the grief this department heaped on them for simply doing their jobs.  All of Lands' assertions in the Jordan-Aparo death were disturbing, yet completely true. It doesn't take a genius to figure out, that when guards repeatedly gassed a man until he couldn't breath and died, the guards killed him. The action I have taken is to fire the captain who gassed Jordan-Aparo and all of the COs under his command.

Anybody with a modicum of intelligence knows, that when six or seven guards do a cell extraction of one inmate and he ends up dead, the guards obviously beat him to death. I fired all the guards implicated in the two most recent deaths at Charlotte Correctional Institution.

These men did not mysteriously kill themselves - they were helped along by correctional officers. Again, it doesn't take a genius to figure out, that when guards put a man in a scalding hot shower and he died, the guards killed him. With that in mind I have fired all of the officers at Dade CI who were on the 4 to 12 shift that Saturday night, June 23rd, 2012.

I have asked Governor Scott to convene an emergency task force to temporarily assume certain duties the DOC has been unable to execute properly considering this organization is riddled with amoral, sadistic, sociopaths and the people who enable and support them. This independent task force will be given the authority to:

1.  Conduct investigations into any and all claims of abuse as described by inmates, medical and mental health staff, clergy, and even guards themselves, while maintaining the confidentiality of these whistle-blowers. Onsite investigators will be charged with cataloguing Incident Reports, Inmate Grievances, and any other documentation of abusive behavior of guards and their cover-ups. All witnesses will immediately be interviewed. Ideally, this task force would be given the power to make arrests when warranted.

2.  Collect and process all inmate grievances. This will prevent unscrupulous guards from hijacking the grievance process to cover their horrific behavior.

3.  Install, maintain, and monitor all cameras. Replace all outdated cameras and recording devices with High Definition or HD equipment. We need the latest technology to catch these guards in the act. I want every blind spot covered.

4.  Collect, disseminate, and distribute all incoming and outgoing mail. As it stands now, it has come to my attention that regular mail, and indeed legal mail, is routinely intercepted and destroyed by guards aiming to eliminate honest scrutiny of their contemptible practices.
  
These are just a few of the immediate actions I have undertaken to build a trustful relationship with all the citizens of Florida. They should expect no less. In the coming months, as I uncover more evidence of DOC failings, I will report tangible results to Floridians through media outlets. We cannot have one set of laws for corrections officers and one set for the rest of us.


In assessing my own behavior, I can honestly say I should be fired. I stand before you now, contrite and humbled. I'm asking for a second chance. I can now look in the mirror and see a man who has regained his integrity and moral bearing. I am determined to leave a legacy of transparency, honesty, and long lasting change. Please give me another chance - you will not regret it. 

July 4, 2014

The Human Cost - Part 3 - Darren Rainey's Counselor Speaks Out

When I read this email, my first response was deeply visceral. It reminded me of my last months filled with stress and anxiety. TCU was a hostile place to work - senior psychologists did nothing to make it better. The counselors got no emotional support except for what they could give each other.

Dear Mr. Mallinckrodt,

Imagine me leaving work for the weekend and coming back on a Monday with the belief that it is just another Monday but to find out that one of my inmates had “died over the weekend.” My initial reaction was shock and I uttered words such as, “What happened? Did he get sick?” The response was “no” and the gruesome shower details unfolded. I couldn't believe what I was hearing. I was stunned - and then deep sadness.

I started questioning humanity. How could this happen? Who could do such a cruel thing? My philosophy as a former employee of Corizon and the Department of Corrections was simply this: These guys were punished for committing a crime. They were put on trial and found guilty by the judge and the jury. It was not my job to play judge and jury. My job was to provide the service to the best of my abilities.

Most of the times, it was stressful and fearful for some of us because these inmates were reporting their injustices. When these guys were recounting the night Rainey was killed, you could see the fear on their faces. It still haunts me because they were afraid that they would be next.

The inmates were afraid for us too. They thought if they mentioned that we advised them to write a grievance, guards would retaliate against us. I was afraid that I would be targeted by the mental health administration because I was advising the inmates to write to them.

I can attest to that, because some of us experienced retaliation but not to the same degree as the inmates. It does not matter how many incident reports I had written because nobody followed through with any of them. Senior psychologists in the mental health administration need to stop saying “go with the flow or don’t rock the boat.” They need to be held accountable.

Thanks for sharing this,

XXXXXX

June 23, 2014

The Two Year Anniversary of Darren Rainey's Death

Darren Rainey died a brutal senseless death at the hands of correctional officers on this day two years ago. He cried out in agony as his skin melted from his body in the searing heat of his death shower. He and his death may have sunk forever into the quagmire that is the Florida Department of Corrections had it not been for a few individuals who refused to let him go.

Even so, what meaning can be taken from his death? Could his death serve as a catalyst for change? Many hope so. Certainly, his death is symptomatic of massive failings in our system of justice. A system that fails to address the needs of the mentally ill. A system that prepares the mentally ill for trial and incarceration with little regard for their mental state when they committed their crimes. A system that bolsters conviction statistics on the backs of people who don't even know what planet they are on sometimes. A system that, for the mentally ill, has a "shoot first, answer questions later" attitude as Mike Mayo of the Sun-Sentinel can attest to in his articles.

On December 17th, 2010, Mohamed Bouazizi set himself on fire in the ultimate act of defiance over his harassment and humiliation by Tunisian officials. His death proved to be the starting point for the "Arab Spring." Could Rainey's death, that Miami Herald Columnist Fred Grimm called "the perfect act of defiance against his torturers," be the starting point for an "American Spring" tightly focused on an overhaul of our justice system?

Will we look back years and years from now and point to June 23rd, 2012 as the day that everything started? Will we proudly point to a system of justice that works for everyone, not just the wealthy? Will we have reduced our prison population, the highest in the world, with common sense initiatives such as Judge Steven Leifman's Criminal Mental Health Program? A program designed to divert mentally ill offenders into community treatment centers rather than dumping them into prison.

Once in prison, will all inmates be treated humanely, including those with psychological issues? Will inmates have access to training and educational programs tailored to men and women who hunger for marketable skills? Will we have sufficient resources on the outside to get them employment and housing to keep them from being swept up once more into a life of crime? Will we have created programs dedicated to raising millions out of a cycle of poverty and crime that formerly fed the belly of the beast?

Our American Spring is a lot to put on the shoulders of one man. Mohamed Bouazizi, smiling from the knowledge his sacrifice made a difference, may have a word or two to say about that. What Darren Rainey's death will mean years from now remains to be seen. Make no mistake, Darren's death will mean something. How much it will mean is up to every single one of us.



  

The Human Cost - Part 2 - Another Staffer from TCU has Come Forward

A counselor shares his/her thoughts regarding events that happened in the Transitional Care Unit. Not only did the inmates suffer; their counselors did too. 

Dear George Mallinckrodt,

I thought that a mentally ill prisoner, once incarcerated for his crime, would be able to receive treatment and medication for his condition in order to complete his time without maltreatment, i.e., being physically abused, denied food, and being mentally and emotionally tormented.

During my employment by Corizon Health in the Transitional Care Unit located in the Dade Correctional Institution, I was exposed to emotional and mental anguish while experiencing the fear of filing incident reports due to the possible retaliation by prison guards, who constantly advised me that we staffers were only “visitors.”

As a mental health staffer, I was especially exposed to the guards who beat an inmate named Swilling. As I witnessed the incident, I could not believe what I saw and the pain in my heart as I was unable to interfere enough to “stop” the pounding that he was being subjected to. In retrospect, I realized that the corrections officers were and are sociopaths and are not provided with adequate training. They lack humane feelings which would enable to them to monitor and provide the care necessary for "mentally ill inmates."

I will always regret that I didn't report those guards for beating Swilling. I was afraid to be counseling the prisoners and then be left alone by security staffers. I had tears in my eyes when I told my supervisor about the beating, but Dr. Perez was like she wasn't even there, she was invisible, she provided no support. Anybody could see I was devastated but she didn't even ask me if I needed to go home. She was like a cold fish. I knew she wouldn't stand up to security staffers so I said I didn't see a thing.

Perez did the same thing when Darren Rainey was killed. We had to hear it from the inmates. She's the one who should of told us herself. She didn't give us any emotional support; she never asked how we were doing. We were in a daze.

I'm writing this because of George Mallinckrodt because he is standing up now to what happened to all of us and the inmates. He couldn't sit still for the Swilling beat-down when he still worked there so it's no surprise he's fighting now for what's right.

Your former coworker,

XXXXXX

June 21, 2014

Watching the Detectives - Part 2 - Yesterday's Meeting at the State Attorney's Office

After I cleared security at the entrance to the Office of the State Attorney, I went up to the fifth floor for my meeting. By the way, I totally bungled the security check in. You would think after all the time I spent at Dade CI, I would've remembered to take off my belt and watch. No matter. After four passes through the metal detector, I was good to go.

Being 20 minutes early, I had to wait a bit. Not one to stay idle, I had a great conversation with a staffer named Barbra from Extraditions. I filled her in on the Rainey situation and promised to keep her in the loop. Moments later, Johnette "Johni" Hardiman, an Assistant State Attorney, dropped by and escorted me to a conference room.

Joining us were Detectives Sanchez and Palmer. I shook hands, and looking in Sanchez's direction said, "It's good to see you again." We had met previously to discuss Rainey about a month or so before Julie Brown broke her first story. (See my blog, "Watching the Detectives - Part 1.")  

The "facts" were ASA Hardiman's first concern. For her it came down to what could be proven in court. When she asked me if I could provide any factual information regarding the Rainey case, I told her that all I could speak factually to was the escalating abuse when I worked at TCU and the circumstances surrounding the Swilling beating. She was genuinely interested about what I had to say even if most of my account was admittedly "hearsay."

I brought Hardiman up to speed on what, by this point, was well known for people who have read the Miami Herald articles written by Julie Brown and Fred Grimm. Not to mention, my blogs and first chapter of my book. (There are links to all Herald articles on www.georgemallinckrodt.com)

I pointed out that the Transitional Care Unit had become a hostile workplace for me. I described two cases in which my work with inmates was sabotaged by guards. In one case, an inmate who had dramatically improved had been smashed to the concrete floor by security, opening a bloody gash on his forehead. Later, in his decompensated state, he attacked me.

The other case involved a patient who was the recipient of relentless taunting, tormenting and skipping of meals by a particularly mean spirited guard. The first chance this abused man got out of his cell, he punched the guard in the nose breaking it. There was blood everywhere. My patient was sent away to what was essentially, solitary confinement. Whether his absolutely necessary psych meds were continued, I could not say.

In reality, I could have chosen from a multitude of sabotaged cases.

Another source of hostility was from the guards themselves. After I met with Warden Jerry Cummings regarding Swilling and other abuse, he instructed me to file Incident Reports as inmates recounted guards' abusive tactics. Consequently, corrections officers started treating me differently when their names started appearing on reports. I got the cold shoulder. I got looks. They started rumors.

I went on to explain my theory that the decline in the unit was due to the reluctance of the Corizon Health Site Manager to confront guards over abusive behavior. In fact, the abuse accelerated after she and my coworker signed off on the falsified Incident Report regarding the Joseph Swilling beating. It sent a message to the guards that they could do whatever they pleased with no repercussions. A year later, Rainey was brutally murdered.

I even threw in details of the "Silence Meeting" for good measure.

Hardiman asked me who the site manager was. I replied, "Dr. Christina Perez, a licensed psychologist in the state of Florida." She then asked, "Is she still working there?" "Yes," I answered. "Who better to bring attention to inmate abuse? Me? I tried and I was fired."

Incidentally, what really irks me about Corizon, raking in millions of our taxpayer dollars, is that they sit smugly on the sidelines, with their spineless site managers casually looking the other way, as inmates are tormented, beaten, tortured, and murdered. Does Corizon get a free pass? (Check out my blog entitled, "It's Time to Put Corizon Health, Inc. Under a Magnifying Glass.")
  
The conversation shifted to witnesses. I pointed out there were three potential candidate pools from which to interview individuals: The guards – probably all telling the same lie by now. Nurses – they saw the condition of the body and checked for vitals. Inmates – many had direct lines of sight to the shower and saw guards putting Rainey in what became a death chamber. They also saw Rainey being removed - some even saw patches of his skin falling off on the stairs. Most heard Rainey’s anguished pleas to be let out. And what about inmates who cleaned the shower stall before authorities arrived? By the way, guards never have to clean cells - if a mentally ill inmate defecates in his cell, inmates do the dirty work.

The interview ended with me suggesting that the FL DOC and Corizon needed to be contacted to ferret out all the witnesses.

Despite the meeting being cordial and me feeling that I had been listened to, I left feeling uneasy. I had essentially relayed the same information to Detectives Sanchez and Akin. Aside from somebody new listening to me, what is going to change? (Please read, "Watching the Detectives - Part 1.")

As I contemplated the situation further, one particularly glaring fact emerged: The State Attorney's Office and Miami-Dade Homicide completely botched the original investigation. They failed Darren Rainey. They failed his family. They failed inmates still subject to abuses within the prison system. They failed anybody with a sense of justice.

If they had done the investigation properly when they were first called in, all of the witnesses would be in one location with freshly remembered details of the crime. The investigation could have been conducted with relative ease. As it stands now, inmate witnesses have been relocated to prisons all over Florida. Who were the nurses on that Saturday shift? Corizon knows. And the guards - some are still there, as for the others - the DOC knows. Tracking them all down now is going to be labor intensive and costly.

Was Darren Rainey such a low priority that investigators thought the case would die out from inattention? After all, who would care what happened to a lowly inmate such as Darren Rainey? Did they think people would stop trying to do something about it? If investigators came to the conclusion it was just going to go away and that nobody cared, they were DEAD wrong.

I never stopped caring and I never gave up. Neither did the inmate Harold Hempstead. He worked the case from the inside while I worked it from the outside. Add Julie Brown and a powder keg went off. The explosion cannot be contained. Ever increasing numbers of people from around Florida, and indeed the nation, are outraged.

So here we are now at the two year anniversary of Darren Rainey's murder. What could have been a relatively straightforward investigation has now become a logistical nightmare. Is the Office of the State Attorney going to mobilize a concerted effort to bring Rainey's killers to justice? Are they going to do the investigation they should have done in the first place?

More and more people from all of Florida want Rainey's killers to answer for their crimes. In fact, people concerned with justice demand nothing less.


June 18, 2014

The Human Cost of Working in the Psychiatric Unit at Dade Correctional Institution

I received an email from a former employee of Corizon Health, Inc. who worked in the Transitional Care Unit. I've slightly edited and redacted the names to protect the sender and coworker.


Dear Mr. Mallinckrodt,

My friend XXXXXX has been keeping me informed of your articles and interviews concerning the abuses perpetrated in the TCU of the Dade Correctional Institute. While working there I witnessed several guards take turns beating a handcuffed inmate unmercifully. The only person I told about the incident was XXXXXX. He/she advised me to say nothing about it or risk retaliation. Soon I was overcome with depression and paranoia, so I found work elsewhere and turned in my resignation to Dr. Perez.

May you always be blessed for your bravery and commitment to exposing the horrors of TCU. I never met Mr. Rainey, but Mr. Mair enjoyed participating in my psycho-ed groups.  I remember an inner sadness about him. I didn't know why, but I will always remember coming to work and being told that he hung himself in his cell.  Thanks to you these men will find peace and justice.

Respectfully yours,

XXXXXX  

That we worked under these conditions is shocking. Mr. Mair was first mentioned in Julie Brown's Miami Herald article, Former workers describe chronic torture.  "...Richard Mair, left a suicide note in his shorts accusing guards of sexually abusing inmates and forcing black and white inmates to fight each other for the entertainment of staff."

http://www.miamiherald.com/2014/05/19/4125544/staff-at-a-miami-dade-prison-tormented.html

June 17, 2014

My Piece was published today by the Miami Herald in OTHER VIEWS - A culture that enables cover-ups

By George Mallinckrodt

June 17, 2014

Having worked as a counselor in the very same psychiatric unit where Darren Rainey was killed, I can personally attest to the cover-up mentality of the Florida Department of Corrections. Many inmates on my caseload filed months and months of grievances regarding abusive behavior by guards that were never addressed. In a beating incident I refused to stay silent about, guards employed a rather sinister strategy to pressure a staffer to back off.

In an eerie coincidence, on June 23, 2011, a year to the day before Rainey was killed, an inmate named Joseph Swilling was handcuffed behind his back and briskly escorted to a hallway to meet his fate. Out of sight from cameras, he was thrown to the concrete floor and kicked repeatedly by correctional officers. The beating would have continued unchecked if not for the timely intervention of my coworker who pounded on the window while yelling, "Stop! Stop! Stop!"

Out of fear of retaliation, this coworker wrote on the Incident Report that he/she did not see anything. As counselors, guards escorted us into sessions with violent inmates, some of whom were mentally unbalanced. Guards were required to monitor the session through large windows. Any counselor who incurred the wrath of COs would be left without security.

The strategy of the guards was to simply leave the counselor alone with the inmate.

One counselor I know of resigned believing her life was in danger. As a result, most counselors stayed silent even after witnessing multiple instances of abuse, torment, and beating.

Given the documented failures of the DOC on many levels, it is essential that an independent agency be established with a mandate to provide transparency. This agency would be charged with at least three major duties:

1.  Investigation of Incident Reports, Inmate Grievances, and any other documentation of abusive behavior of guards by onsite investigators. Immediately interview all witnesses.

2.  Collection and processing of all inmate grievances.

3.  Install, maintain, and monitor all cameras. Replace all outdated cameras and recording devices with High Definition or HD equipment.

Ideally, the agency would be given the power to make arrests when warranted. As it stands now, the DOC only fires guards who are caught on camera - even when they have badly beaten an inmate. Grievances are often hijacked by guards who in turn taunt the aggrieved inmate. In my tenure, the cameras were often broken and the recordings grainy to the point of being useless.
  
The Florida DOC, like many large organizations, cannot be trusted to regulate themselves. It is time they get pulled into the new millennium - dragged kicking and screaming if need be. After all, that is what the DOC understands.


George Mallinckrodt is a psychotherapist who worked in the psychiatric ward at Dade Correctional Institution for nearly three years.

http://www.miamiherald.com/2014/06/16/4182441/doc-culture-and-history-enable.html

June 14, 2014

My posted comments to Julie Brown's article, "Prison system reopens probe into inmate’s scalding."

How can Florida DOC Secretary Michael Crews "build upon the existing training and resources staff has received" when there was nothing there in the first place? Simply more rhetoric to placate the masses. He's not being truthful.

Having worked as a psychotherapist in the Transitional Care Unit where Darren Rainey was killed, I can confirm the fact that there were absolutely NO trainings for the corrections officers that worked in TCU. Guards had no clue how to deal with the mentally ill. As for resources - same story - there were none. And "de-escalation," the guards did anything but, despite DOC rules.

Men on my caseload were routinely manhandled for tiny infractions. One weighing no more than 140 pounds was smashed to the concrete floor by two beefy guards opening a gash on his forehead requiring multiple stitches to close. Minimum force was an unfamiliar concept. The weak and the mentally ill were cannon-fodder for the sadistic guards at Dade CI.

When I met with Warden Jerry Cummings to discuss the beating of inmate Joseph Swilling and other inmate abuse, he promised to put in place an Educational Training Module. IT NEVER HAPPENED.

For those who are interested, these are the DOC rules that govern the conduct of guards. How do I violate thee? Let me count the ways.

Chapter 33 Use of Force 33-602.210:
(10)  Only reasonable, lawful, and the minimal amount of force necessary shall be employed to control the situation.

(m)  Any employee or officer who witnesses, has reasonable cause to suspect, or has knowledge that any inmate has been a victim or subject of an unlawful battery or has been abused in violation of law or the Department’s administrative rules shall without unnecessary delay report the incident…

…No employee shall commit a battery on or engage in cruel or inhuman treatment of any inmate.  

Welcome to the DOC "dodge and weave" strategy. Prediction: The DOC will serve up a few heads on a silver platter, cart out a shiny new program for the humane treatment of the mentally ill, and make a grand announcement that everything is just fine - complete with a photo op featuring a bunch of grinning politicians.

One problem. It will be the DOC administering the whole thing. THEY CANNOT BE TRUSTED. Another case of the fox guarding the henhouse. When an independent agency is set up with the legal means to punish and prosecute guards, I'll be there right along with toothy politicians for the roll-out! 

If Crews and DOC Inspector General Jeffrey T. Beasley really wanted to review their practices transparently, they should talk to the civilians who worked at Dade CI. We all have first hand knowledge of how TCU declined step by step into the living hell it became for those like Darren Rainey.

Given the killing of Damian Foster in Julie Brown's, "After the latest death, Florida prison system faces more scrutiny," clearly the problem is systemic in nature. When I still worked there, inmates from around the state described beatings they suffered or witnessed. Abuse of inmates is happening in every prison in Florida.

June 12, 2014

Just another day at Dade Correctional Institution - An op-ed in response to the Miami Herald reporter Julie Brown's latest article entitled, "2 years later, Florida keeps lid on prison death details."

Just another day at Dade Correctional Institution

Having worked as a counselor in the very same psychiatric unit where Darren Rainey was killed, I can personally attest to the cover-up mentality of the Florida Department of Corrections. Many inmates on my caseload filed months and months of grievances regarding abusive behavior by guards that were never addressed. In a beating incident I refused to stay silent about, guards employed a rather sinister strategy to pressure a staffer to back off.

In an eerie coincidence, on June 23, 2011, a year to the day before Rainey was killed, an inmate named Joseph Swilling was handcuffed behind his back and briskly escorted to a hallway to meet his fate. Out of sight from cameras, he was thrown to the concrete floor and kicked repeatedly by correctional officers. The beating would have continued unchecked if not for the timely intervention of my coworker who pounded on the window while yelling, "Stop! Stop! Stop!"

Out of fear of retaliation, this coworker wrote on the Incident Report that he/she did not see anything. As counselors, guards escorted us into sessions with violent inmates, some of whom were mentally unbalanced. Guards were required to monitor the session through large windows. Any counselor who incurred the wrath of COs would be left without security. The strategy of the guards was to simply leave the counselor alone with the inmate. One counselor I know of resigned believing her life was in danger. As a result, most counselors stayed silent even after witnessing multiple instances of abuse, torment, and beating.

Given the documented failures of the DOC on many levels, it is essential that an independent agency be established with a mandate to provide transparency. This agency would be charged with at least three major duties:

1.      Investigation of Incident Reports, Inmate Grievances, and any other documentation of abusive behavior of guards by onsite investigators. Immediately interview all witnesses.
2.      Collection and processing of all inmate grievances
3.      Install, maintain, and monitor all cameras. Replace all outdated cameras and recording devices with High Definition or HD equipment.

Ideally, the agency would be given the power to make arrests when warranted. As it stands now, the DOC only fires guards who are caught on camera - even when they have badly beaten an inmate. Grievances are often hijacked by guards who in turn taunt the aggrieved inmate. In my tenure, the cameras were often broken and the recordings grainy to the point of being useless.  

The Florida DOC, like many large organizations, cannot be trusted to regulate themselves. It is time they get pulled into the new millennium - dragged kicking and screaming if need be. After all, that is what the DOC understands.

By George Mallinckrodt – I’m the only mental health staffer to come out publicly in Julie Brown’s second article entitled, “Former workers describe 'chronic' torture.” I’ve just finished a nearly two year project started in response to Darren Rainey’s killing. It is a book called, “Getting Away With Murder.” It will be published by August 1, 2014




May 31, 2014

It's Time to Put Corizon Health, Inc. Under a Magnifying Glass Regarding Inmate Abuse

Since Julie Brown broke the story about the scalding death of Darren Rainey, there has been an intense focus on the lackluster efforts of the Florida Department of Corrections, Miami Metro Homicide, and the Medical Examiner's office to resolve his case and bring his killers to justice. However, there is another player in this story that has received scant attention, namely, Corizon Health, Inc.

I sent six letters on Friday, May 30th to key Corizon executives regarding Corizon's lack of any guidelines, protocols, directives and/or trainings for the reporting of inmate abuse. I wrote the original letter over six months ago. I've been reluctant to send it earlier for fear of retribution given corporate America has a bad track record when it comes to the treatment of whistleblowers. A copy of the letter has been posted to my blog: georgemallinckrodt.blogspot.com.

Corizon Health, Inc. had no guidelines for the reporting of inmate abuse. There was no training at all for mental health staff and no section in the employee manual mentioning inmate abuse. This from a company that declares itself the Industry Leader. A search for the term 'inmate abuse' on their website leads to a page titled, Specialized DOC and Jail Modules that has nothing to do with inmate abuse. Clicking a link on this page called, A Culture of Patient Safety - a grand euphemism if ever there was one - brings up a page that describes a partnership with the National Patient Safety Foundation (NPSF). I was incredulous when I read their self-serving rhetoric about how committed Corizon was to patient safety. Incensed might be more accurate. I wonder if the NPSF really knew how poorly Corizon treats inmates. Incidentally, a modicum of surfing the internet yielded tons of bad press nationwide regarding Corizon practices. Try Googling "Corizon Deaths" for starters.
  
Concerning the beating of inmate Joseph Swilling, I took the issue to a morning staff meeting and was met with silence. We all knew guards beat him, yet I was the only one who wanted to talk about it. What bothered me then, as it still does now, was that when I asked the Senior Psychologist/Site Manager/Supervisor if she had contacted Corizon about the beating, she answered, "Why should I do that?" She looked at me as if I asked the most ridiculous question in the world. In my mind, the unit was spiraling out of control and she was doing nothing to reign it in.

By that morning meeting, this supervisor had already heard the eye witness account of Swilling's beating from an unlicensed registered intern and the intern's insistence of writing on the Incident Report that she didn't see anything. The intern's concerns that guards would retaliate against her were well founded. The two of them signed off on the falsified report despite DOC rules to the contrary. Their signatures effectively put a wax seal on a cover up.   

I believe mental health and medical staff are in effect, the 'Checks and Balances' in the prison system. Clearly, the Florida DOC has a 'stick our heads in the sand' mentality paired with a 'cover up' strategy for inconvenient truths. We cannot trust the DOC to regulate themselves. Why should the burden of reporting inmate abuse fall on people like me and the inmate Harold Hempstead? Private contractors such as Corizon should have a 'Zero Tolerance' policy with regard to inmate abuse. If Secretaries of DOCs, Wardens, Administrators, and most importantly guards, knew that Corizon staffers were required to report abuse or get fired, I think inmate abuse would be greatly reduced.

Had reporting protocols been in place when I started working for Corizon, the beating of Swilling and the murder of Rainey may well have been avoided. We cannot count on spineless prison bureaucrats to do the right thing. The reporting of abuse must be taken out of their hands. It must be made mandatory.


Letter to Corizon:

FROM:

George Mallinckrodt

DATE:  May 30, 2014

TO:

Woodrow A. Myers, Jr., M.D. - Chief Executive Officer
Carla Cesario, M.S.W. - Interim Chief Operating Officer
Calvin B. Johnson, M.D., M.P.H. - Chief Medical Officer
Becky Pinney - Chief Nursing Officer
Scotty Lee - Corporate Compliance
Dennis Wade - Senior Vice President, 
Chief Human Resources Officer

Corizon Health, Inc.
105 West Park Drive, Suite 200
Brentwood, TN 37027

Dear (Individually addressed to the above),

I am in the final edit phase of a nonfiction book I wrote about my experiences working in the Transitional Care Unit (TCU) at Dade Correctional Institution in Florida City, Florida. I want to accurately portray Corizon's position on inmate abuse. I have questions regarding the duty to report abuse of inmates as it applies to the Senior Psychologist/Site Manager/Supervisor. The time period spans Late 2009 to August 2011.

Hypothetically speaking, suppose an unlicensed registered intern (Mental Health Specialist) was an eye witness to the beating of an inmate by correctional officers. The intern described the incident to the Senior Psychologist/Site Manager/Supervisor (SP/SM/S). At this point, what was the duty of the SP/SM/S according to Corizon?

  • Did Corizon have a separate Employee Manual for the SP/SM/S during the period of 2009 to August 2011?
  • If there was a separate Employee Manual for the SP/SM/S, did the manual compel her to report abuse? What was the actual language, word for word, in the manual, if there was one? What form does the reporting of abuse take? Was the SP/SM/S required to keep her subordinates apprised of the situation?
  • If there was not a separate Employee Manual for the SP/SM/S, what training did she receive regarding the reporting of inmate abuse?
  • After describing the beating incident, the unlicensed registered intern told the SP/SM/S she/he was feeling intimidated by correctional officers. Fearing retaliation, the Mental Health Specialist decided to write on the Incident Report that she/he did not see anything. What should the SP/SM/S's response have been according to Corizon?
  • When concerns about other types of inmate abuse were raised by Mental Health Specialists, what should the SP/SM/S's response have been according to Corizon?
  • Does Corizon compel the SP/SM/S to liaison with the Warden and other appropriate correctional officers to establish guidelines and boundaries for the humane treatment of mentally ill inmates in a psych ward such as TCU?
  • Incidentally, the Corizon/Correctional Medical Services Employee Success Guide for that time period had no guidelines for Mental Health Specialists with regard to reporting inmate abuse. In addition, when Corizon replaced MHM in South Florida Region IV, there was no face to face training regarding the reporting of inmate abuse.

As I alluded to earlier, I want to correctly depict Corizon's position on the reporting of inmate abuse. In addition, recent news stories and television and radio interviews regarding the scalding death of Darren Rainey at a psychiatric ward at Dade Correctional Institution warrants a speedy response from Corizon. Corizon was the private contractor at the Transitional Care Unit where abuses by guards went unaddressed.

Thank you for your consideration,

George Mallinckrodt

May 25, 2014

It's been a very intense week!

When Julie Brown of the Miami Herald broke the story about Darren Rainey last Sunday the 18th, I contacted her immediately by email to schedule an interview. Since then I've interviewed with Michele Gillen, chief investigative reporter at WFOR-TV, Miami. As a result, I was contacted by Wilson Sayre of WLRN, Miami to interview as well. I had lunch at Books and Books on Lincoln Road with two attorneys from Disability Rights Florida who listened to my accounts of how disabled inmates were treated.

So far, Julie Brown has written three articles. An op-ed came out in the middle of the week and Fred Grimm added his voice in an op-ed in today's Herald. I am so thankful for the opportunity to be a part of the effort to make abuses known. People need to know what's happening to mentally ill inmates in prisons all over Florida.

I just got off the phone with Darren Rainey's brother, Andre. He was unaware of what was happening down here as he lives up north in Tampa. I filled him in on efforts to pressure Miami-Dade Homicide and the Medical Examiner's office to bring his brother's killers to justice. Andre and I had quite a long conversation and something he said about Darren made me ponder the effects of an abusive prison environment on the human psyche. He said Darren was well known around the neighborhood and was definitely not mentally ill. Andre takes exception to any portrayal of his brother as "crazy." For me this raises an important question, "Can the abuse and mistreatment of inmates in prison result in them becoming mentally unstable?" In Rainey's case this seems to hold true. 

An example from when I worked at Dade CI may shed some light here. One man on my caseload who weighed in at 140 pounds, who was one of my most successful cases, was slammed to the concrete floor by two guards who outweighed him by at least 250 pounds. He received stitches to close a gaping wound to his forehead. After this excessive use of force, he was never the same. He completely decompensated; he was worse than before I started working with him. In fact, this inmate actually assaulted me later. My work with many men on my caseload was consistently sabotaged by guards. My repeated disclosures to supervisors led nowhere. Just another day in prison…

May 21, 2014

Why Should Anybody Care About Darren Rainey?

I've been asked this question in various forms since I started writing Getting Away With Murder nearly two years ago. "They're just criminals - they deserve what they get," was another common response. The implication was that Darren Rainey deserved to be scalded to death in a locked shower in a Florida state prison psychiatric ward. Really? It's not surprising I take great exception to this entire sentiment for a number of reasons.

Number one would be the fact that Darren Rainey was chronically mentally ill. I have it on good authority he was smearing his own feces on his cell door window for starters. He was so psychologically compromised that he was never taken out of his cell for counseling. He was sentenced to two years for related drug charges. His torture and murder, in essence, meant that his two year sentence morphed into a death sentence. The justice system, which includes correctional officers, prosecutors, public defenders, judges, and psychologists to name a few, is most assuredly broken when it comes to the mentally ill. In the Middle Ages, the mentally ill were thrown into dungeons to be beaten, tortured, and killed. What's changed?

Secondly, a whole host of scenarios may arise whereby law abiding citizens find themselves swept up into the legal system. We've all heard the story of someone who has one too many drinks at an office party then proceeds to drive under the influence. Most make it home fine. But for the few who cause bodily harm or death, incarceration may be in their future. How should guards treat these otherwise productive members of society who made a horrible mistake? Beat, torture, and kill them?

Thirdly, what kind of society do we want to live in? This is a fundamental question whose answer has far ranging implications beyond the question of the treatment of mentally ill inmates. What does it say about us that we would tolerate this type of behavior?

Fourthly, approximately 80% of inmates will be returned to society. How many of these men have suffered at the hands of guards only to emerge from prison with an enormous chip on their shoulders. Guards who abuse inmates are making society less safe for all of us. There must be a hidden cost to consider. And how about the police who pull these guys over in a routine traffic stop… 

So, a few thoughts from me. Would love to hear from you...    

May 4, 2014

Watching the Detectives - Part 1

I called Miami-Dade Homicide to contact Will Sanchez, the detective's name I had been given by the FDLE representative. I was transferred to his voicemail. I left the first of a half dozen messages saying I had information in the Rainey slaying. I managed to speak to a clerk in Homicide who said the case had not been "classified" yet. In other words, the case was still pending.


Finally, Detective Sanchez called and we made an appointment to talk about TCU and Rainey specifically. I drove over to the Miami-Dade Police Department Headquarters located in Doral; a city on the western edge of Miami known for the Doral Open golf event. After clearing security, I was escorted to a conference room in the Homicide Division. Moments later, Detectives Sanchez and Akin entered. We shook hands and got down to business. I laid out the relevant details from the time I had filed Incident Reports to my firing to 'The Call' I received from Carmen (name changed - former coworker). Sanchez asked most of the questions, and in response to how TCU had declined so precipitously, I went even further back to the Samantha (name changed - former coworker who resigned in fear of her life) incident and Dr. Do-Nothing's lack of support.


I most assuredly left the detectives with a clear picture of how supervisors consistently ignored evidence of inmate abuse. I pointed out that Dr. Robles (name changed) did nothing to stem the increasing violence that led eventually to murder. I backtracked slightly, with regard to the term 'murder,' drawing attention to the fact that the detectives were the true experts as to what constituted murder. I punctuated my account with the exact dialogue from the 'Silence Meeting' (Chapter 32). Easy to do since there was so little of it!

The Silence Meeting was where I had tried to raise the issue of inmate abuse as it applied to Joseph Swilling who was beaten with a mental health staffer looking on. Nobody wanted to talk about it and I left frustrated with a final thought, "What's it going to take to change anything in here? Does somebody have to die first?"


We wrapped up and Sanchez escorted me down to the lobby. I left with a good impression of both detectives. Based on my sense of the Frank Valdez murder and the acquittal of his killers, I knew they and the justice system were in for a daunting journey to conviction. At least I could say I made an effort on Rainey's part to get him and his family some justice. A small part of me was pleased with this effort that was much further than I had gotten after I was fired. A very small part.    

April 23, 2014

The Cat's Out of the Bag

I sent off a complaint this week to the the U.S. Department of Justice, Civil Rights Division in Washington, DC. Contained therein were the details of Darren Rainey's murder at the hands of correctional officers. The DOJ has a branch called the Special Litigation Section that deals with Prisons and Jails. From their website:

The Special Litigation Section works to protect the rights of people who are in prisons and jails run by state or local governments. If we find that a state or local government systematically deprives people in these facilities of their rights, we can act.

In my complaint, I detailed the horrific, sadistic way Rainey suffered and the prevailing environment in the Transitional Care Unit that led to abuse, beatings, torture, and murder. So in my own small way, I am trying to make a difference. I'll reach out soon to the detective in Miami Metro Homicide to hopefully give him some leads to pursue. Twenty-one months after Rainey's death and it appears the investigation has stalled. What happens now is anybody's guess. For details regarding Rainey's death, please read Chapter 1 on my website under Books. 

April 6, 2014

Went down to Dade CI for a quick photo op

Just dropping a quick note to let you all know I'm still working on the book and have entered what I think is the end game - finishing the Epilogue and the final edit of the whole book. After that, miles to go... I went by the prison where I worked and started taking photos. The place erupted like a disturbed bee hive! Guards started shouting, another followed me in a truck. I calmly took more photos from my car and then drove off when it appeared I might get stung! It was all great fun. Would love to get your feedback. In the meantime, here's my cover.