September 7, 2021.
Mr. Mark Inch
Secretary, Florida Department of Corrections
501 South Calhoun Street
Tallahassee, Florida. 32399-2500
(850) 488-7480
Respected Sir:
My objective via this communication is threefold:
1. To address your April 22, 2020 most respectfully, e-mail to us.
2. To thank you for your sincere efforts to provide to us and to society, the required services for which the Agency was created.
3. To make you aware of my existence and of my ongoing efforts to obtain justice in connection to my convictions. Please Sir, Google my alias Frank Fuster to read that I am 100% innocent in connection to my Cases #81-21904 and #84-19728 from Miami Dade County. On July 21, 2021, Dr. Rael Jean Isaac, Ph.D., sent you a letter requesting my transfer to Marion C.I. and with it she enclosed a five-page article that she published in the National Review Magazine, on September 10, 2018.
I want to start by addressing your question: ‘If I could give you anything within my authority as Secretary, what would you ask for? ‘ (Your e-mail dated April 22, 2021). I MOST RESPECTFULLY REQUEST FULL COMPLIANCE WITH ALL THE DUE PROCESS OF LAW THAT APPLIES TO THE DEPARTMENT, as required by the laws of the State of Florida and of the United States.
Due process of law requires that you enforce by any means necessary the laws and the rules of the State of Florida that apply to the Department, many of which are being violated every day throughout your prison system with the use of illegal drugs that the prisoners are obviously buying from your staff members. Over 95% of those illegal drugs are not being provided by the inmates’ visitors. That is a fact Sir. To deny it would mean to show a disregard for the truth, and for due process of law. Since the junkies began to receive the stimulus checks, I have seen the use of drugs multiplying. Sir, your main problem is your own staff members, not your prisoners.
Due process of law requires that the Department hires well educated and qualified individuals and that those persons receive constant and effective training to act under an honorable moral code and in full compliance with, in part, Section 33-208, of the Florida Administrative Code. However, Sir, the reality that we, your prisoners, are experiencing on daily basis, collides with the false images of the Department that has been presented to the members of the free world. The general perception that most of us prisoners have, is that we are under the custody and control of criminals that cannot provide rehabilitation based on good example. There is an ongoing code of silence and cover up that not many persons have the courage to ignore. Speaking for myself, I have witnessed members of your staff abuse their delegated authority over us thousands of times during my 37 years of incarceration. I have been beaten many times, sometimes by gang members hired by the officers other times by the officers themselves, in retaliation for my convictions and for my participation in the grievance process. Sometimes to wake up in the emergency room of a free world hospital. Some officers are gang members themselves. Sometimes the officers pay the inmates gang members to beat me up with my own personal property. The officers do not allow me to witness the inventory of my property and sometimes they have stolen my personal property for themselves. And when I have dared to file grievances, I have been subjected to retaliation and to bogus disciplinary reports that have caused me to end up in a confinement cell, sometimes almost naked without a mattress without a blanket without nothing, in cells with a broken window, subjected to extreme cold weather and sleep deprivation. I have had to reject my food in confinement for over a week, because I saw the officers on duty spitting on my food. These criminal acts violated my legal rights to due process of law, which is my only legal right.
When I must transfer from prison to prison, the bus drivers always refuse to offer me the required assistance to transport my boxes of active legal documents and my personal property, notwithstanding my old age and my physical disabilities. Instead, they deny me the use of a cart and the use of the empty bins on the side of the Blue Bird Bus. They handcuff me and place me under shackles restraints to make it very difficult and very painful for me to carry my legal papers and my personal property into the bus. And they do not allow other prisoners to help me. Instead, they inform the other prisoners in the bus about my convictions of sexual child abuse and incite them to steal my property and to beat me up. On July 26, 2018, I was beaten up for three hours into unconsciousness in a bus, while the officials that ordered the attack witnessed the crimes. My attackers, who weren’t handcuffed, were allowed to walk away with most of my personal property. It took my body about six months to heal without adequate medical care. The medical department staff was instructed not to document the full extent of my injuries right on front of me. My grievances were ignored.
Due process of law penalizes the grievance coordinators that block our access to the grievance process, however Sir, they systematically rely on malicious misapplication of Section 33-103.014 F.A.C. to return our grievances without action on Responses backdated beyond the deadline to appeal on not providing any Response et cetera. About 95% of the grievances that make it to your offices are systematically denied. GEO’s Graceville C. I. had the worst record for these type of corruption. An independent external Bureau of Inmates Appeals would help.
With good faith and respect,
Francisco Fuster-Escalona, #821200