"The FDOC officers' description of events is implausible.  The physical descriptions are inconsistent, contradictory, and if ever demonstrated inside the actual cell, physically unlikely and/or impossible.  These are some of the incriminating questions that were never asked or answered by any of the involved agencies. 

Gov. Jeb Bush and the heads of each of the above agencies should answer the listed questions.  John Allen Edward's murder should be tied into the unbridled terror occurring at Charlotte CI and throughout the entire FDOC.  Then Gov. Bush should be called upon to order an impartial investigation into these beatings we are trying to bring to his attention." Sharif

QUESTIONS:  Procedural Violations

1.    Why weren't photos immediately taken of the alleged crime scene (the cell and shower stall), where officers Savage and Cardenas claim they were kicked, bitten, and assaulted by Sharif?

2.    Why weren't pictures immediately taken of the alleged injuries the officers claimed to sustain?

3.    Why weren't pictures immediately taken of Sharif's injuries noted by the medical staff?

4.    Why weren't evidence collecting procedures followed by Captain Neads the night of the incident, and then by prison inspectors thereafter?

5.    Why weren't Sharif's bloody clothes, shower slides, and medical (no-shave) pass placed into evidence, rather than being collected and destroyed?

6.    Why weren't Officers Cardenas and Savage's bloody clothes and steel-toe boots placed into evidence and/or photographed and turned over to prison inspectors and the state attorney's office for prosecution of the assault as prisoner abuse?

7.    Why did Sgt R. Poccia fail to follow FDOC rules and procedures on May 9th, 1997, when assigned to investigate the 1-2 DR for assault?

8.    Why did Officer Savage fail to follow FDOC rules and procedures by not signing (his) name in the space reserved (solely) for the reporting officer in Section 1. Statement of Facts?

9.    Why did the institution fail to investigate, process, and hold a DR hearing within seven (7) working days following the May 8, 1997 incident, pursuant to FDOC Rules and Procedures?

10.    What FDOC policy/procedure was applied authorizing the 1-2 Assault DR to be investigated 100+ days after the event at Martin CI, where Sharif had been transferred in June 1997?

11.    Of the eight (8) Charlotte CI officers federally indicted for the death of inmate John Allen Edwards, which were listed in the request made for protective custody status by Amir-Sharif?

12.    What FDOC Policy/Procedure was applied authorizing the 1-2 Assault DR hearing to be held 100+ days later at Martin CI where Sharif was transferred?

13.    Contrary to FDOC Policy/Procedures, why was Sharif not provided a written copy of the DR team's worksheet/decisions on the day of the August 1997 DR hearing, thus prohibiting him from filing a grievance appeal within the 15 day time frame provided by FDOC?

14.    Why did Psychiatrist Dr. C. Bhat fail to first review medical/mental health records before filing reports incorrectly stating that Sharif was presently taking psychotropic drugs (Prolixin and Sinequan)?

15.    Why was inmate Germaine McCaffee's sworn statement taken by prison inspector Don Charlwood, excluded from the FDOC investigation into the beating of Sharif?

16.    Why were some of the key witnesses provided to prison inspector Don Charlwood not interviewed by any FDOC inspectors?

17.    Why wasn't Sharif's removal from his cell to the shower stall videotaped, following the alleged assault?

ADDITIONAL UNASKED AND UNANSWERED QUESTIONS

1.    Were any FDOC staff questioned and/or disciplined relative to their use of force and other FDOC Policy/Procedure violations?

2.    Who made the decision not to send Sharif to an outside hospital the night he was beaten, given the fact that the medical assessment made by nurse Mary Hicks, showed injuries, bleeding from the left eye and the mouth, both eyes swollen, both cheeks and upper lip swollen, a laceration on the right of his scalp and a contusion to the back of the head?

3.    Who made the decision to send Sharif to the hospital nearly 24 hours after the injuries were sustained?

4.    Why did Psychiatrist Dr. Bhat state in his report that he was unable to render an opinion about the mental status of Sharif at the time that he was beaten by officers?

5.    What was the conflicting information that lead to Dr. Bhat's inability to render an opinion about the mental status of Sharif at the time he was beaten by officers?

6.    Why were no "close-up" pictures ordered and taken by the institution, of ALL of Sharif's injuries noted in the medical assessment?

7.    Why didn't the state attorney's office, the FDLE, the FBI, nor the Department of Justice question the FDOC officials about their procedural violations, questionable actions, and contradictory sworn statements surrounding the beating of Sharif?

8.    Between 1996-1997, officers Cardenas and Savage were the subjects of sixteen (16) internal investigations involving misconduct and physical abuse of prisoners; Excluding the investigation into Sharif's beating.  How many investigations to date have been substantiated against these officers?

9.    Based on the evidence available to the FDLE investigators, James F. Murphey and Terry Baker, what was the specific basis for their determination that the beating of Sharif did not meet the criteria for disciplinary actions against officers Cardenas, Savage, and others?

10.    Based on the evidence available to the FBI and the US Department of Justice, what was the specific basis for their determination that the beating of Sharif did not constitute a violation of his "civil rights"?

11.    How could the FBI and US Department of Justice complete their investigations without having ever interviewed Sharif?

12.    Why did Assistant US Attorney Douglas Molloy discuss and provide FDOC inspector Gary York with original copies of incriminating documents sent to him at his Ft. Myers office concerning physical abuse of prisoners official corruption and cover-ups within the FDOC?

13.    Why did Asst. US Attorney Molloy repeatedly contradict himself in his responses to the Florida Bar regarding the whereabouts of the incriminating documents against the FDOC?

14.    Why did  Asst. US Attorney Molloy provide FDOC Inspector York the incriminating documents after being told by Sharif that he feared for his life while in  FDOC custody and the FDOC couldn't be trusted?

15.    Why did FDOC Inspector Gary York conceal his receipt of and subsequent destruction of the incriminating documents that were provided to him by Asst. US Attorney Molley without Sharif's knowledge or consent?

16.  Why didn't Inspector York cause investigations into the illegal activities of FDOC staff that was described in the documents he received?

17.     Why, in April 1997,  was Sharif repeatedly denied an opportunity to sign and seek protective custody status for protection against five (5) Charlotte CI officers who had harassed him and threatened his life, and who in August 1997 were involved in the death of inmate John Allen Edwards?

18.    Why was Sharif's written pleas and grievances for protective custody status denied by the FDOC in June 1997 after he'd been beaten by officers?

19.    On May 08, 1997, after being beaten, why was Sharif removed from his bloodied cell by officers Cardenas and Savage, and taken "downstairs" to a shower stall before reporting the beating to Capt. Neads, or summoning any security staff to A Dorm where the beating took place?

20.    Why did Sgt. Januzzi call the medical department and tell Nurse Mary Hicks to come to A Dorm because Sharif was having a seizure, although it had just been reported to him by officers Cardenas and Savage that Sharif had "faked" a seizure and assaulted both officers?

21.    Why did officers Savage and Cardenas report to Sgt. Januzzi that Sharif had "Faked" a seizure and assaulted them both, then shortly afterward tell nurse Hicks when she arrived at A Dorm, that Sharif had in fact had a seizure and came out of it combative?

*NOTE: the officers' story changed before Sharif was ever questioned or interviewed or had made any statements to anyone.

22.    Why does Officer Cardenas' sworn statement unquestionably contradict Officer Savage's sworn statement as to what each of them witnessed and the manner and degree of force used on Sharif.

    A.    Cardenas swore that Sharif was shaking and flopping on the cell floor and yet Officer Savage swore that Sharif looked like he was unconscious.

    B.    Cardenas swore that he alone ran and grabbed Sharif from behind with both hands and bull-dogged ('slammed') Sharif face-first to the cell floor.  Officer Savage swore that both he and Cardenas "at the same time" grabbed Sharif's left and right arm, handcuffed Sharif and placed Sharif on the floor, never mentioning bulldogging, knee-spiking, etc, as sworn to by Officer Cardenas.  Who is telling the truth or is either?

    C.    Cardenas swore that after slamming Sharif face first into the cement floor, Sharif jumped back up and began throwing punches at him.  Why did Officer Savage's sworn statement never once mention that his fellow officer (Cardenas) was (bitten, kicked and/or) punched by Sharif?

23.    If Officer Cardenas' sworn statement is factual, then what was the FDOC's and Charlotte County State's Attorney's office's basis for not following the same course of action taken related to the sworn statements and reports written by Officer Savage, et al, regarding Officer Savage allegedly being assaulted by Sharif?

24.    Why, on May 08, 1997, didn't Medical note any bruises, redness, and/or swelling on Officer Cardenas' body from him allegedly being punched and kicked by Sharif?

25.    Why, on May 08, 1997, didn't Medical note any bruises, redness, and/or swelling on officer Savage's body from him being allegedly hit repeatedly by Sharif in the face and jaw, causing him to have a sprained neck?

26.    How were Officers Cardenas and Savage allowed to rehire to work the very next day, if in fact they sustained the degree of injuries claimed?

27.    Why did Officer Savage, in his sworn statement, specifically stress that neither he nor Officer Cardenas had slammed Sharif's head against the shower wall, once they removed Sharif from his divided cell?  Had Officer Savage been told by someone before making his sworn statement what Sharif and other prisoners stated had occurred on the night Sharif was beaten? 

28.    Why did Officer Cardenas in his sworn statement go through extreme measures in his attempt to justify the multiple facial injuries Sharif sustained as a result of his and Officer Savage's (wanton) excessive use of force?

29.    If Officers Cardenas and Savage's sworn statements are true, then how many times in the past did they actually witness Sharif having a seizure, and document such in any written reports?

Of these occurrences, how many times did they enter Sharif's cell in order to prevent Sharif from hurting himself, as they stated were their intentions on May 08, 1997?

30.    If the sworn statements of Officers Cardenas and Savage are true regarding having witnessed Sharif having seizures in the past, then why on May 08th, did they not immediately radio Sgt. Jannuzi in the control room to notify Medical for assistance before entering Sharif's cell?

31.    Why does Medical Escort Officer Michael Brown's sworn statement regarding having heard statements made by Sharif on two (2) separate occasions contradict Capt. Neads' May 08th Incident Report, that Officer Brown was only present during the second time Sharif was questioned/interviewed at approximately 10:00pm that night?

*NOTE: Officer Brown was a defendant in a civil lawsuit filed by Sharif against the prison and FDOC, et al.

32.    If the sworn statements made by Medical Escort Officer Brown are true, that at approx. 9:10 pm, he escorted Sharif from A Dorm to the medical department and while in the medical department Sharif made a statement about the incident, how can the sworn statement by Sgt. Charles Hall be true, that at 9:00 pm, he heard Sharif make "the same" statement about the incident?  Which one is telling the truth, if either?

33.    If the sworn statements made by Nurse Hicks, Sgt. Januzzi, and Officers Cardenas and Savage are true that the ("beating") incident took place at 9:00 pm, May 08th, how can the sworn statements of Sgt. Hall be true, that at 9:00 pm he heard Sharif make a statement regarding the (beating) incident?  Wouldn't it in fact be impossible for Sgt. Hall to have heard any statement from Sharif before the beating incident had actually occurred?

34.    Why did Captain Neads order Sharif returned to A Dorm where Sgt. Januzzi, Officers Cardenas and Savage were in charge, after being informed by Sharif that Cardenas and Savage had beaten him?

35.    Why did the State's Attorney's Office of Charlotte County decline to prosecute Sharif per his own request to have the truth revealed through the criminal court process?

36.    Did the May 8, 1997 beating of Sharif, and the August 22, 1997 beating death of inmate John Allen Edwards by Officers at Charlotte CI influence the dubious decision of the State's Attorney's Office not to prosecute Sharif nor Officers Cardenas or Savage?

37.    Did the fact that Sharif had sought protective custody against Capt. Donald B. Abraham, Capt. Kevin W. Browning and Officers Paul R. Peck, and Richard Wilks, (the officers federally indicted in the beating death of John Allen Edwards) influence the questionable handling and inaction of the State's Attorney's Office, FDLE, FBI, FDOC, and US Dept. of Justice concerning the beating of Sharif?

38.    Why did the FDLE, State's Attorney's Office, FBI, and US Dept. of Justice, not find the FDOC's description of events concerning the beating of Shrif to be implausible?

39.    Why did the FDLE, State's Attorney's Office, FBI and US Dept of Justice overlook and/or ignore all the contradictions made by FDOC staff, and the fact that based on the diagram of A Dorm available to them, the physical descriptions of events made by Officers Cardenas and Savage were inconsistent, and if demonstrated inside the actual cell, physically impossible?

Kay,

In the "common" law, for one to threaten to do another bodily harm constitutes an assault; to touch another in an offensive way constitutes a battery.  These same acts, taken up a few degrees, could cross the line to terrorist threats, or official oppression, sometimes resulting in murder; as in the cases of John Allen Edwards and Frank Valdes.  All of these are statutory crimes, yet not a day has been served by the  FDOC murders responsible for these particular crimes.

The FDOC has to be stopped!  How many more human beings under their control and custody must die before changes take place?  There's an old saying that "If you're not part of the solution, then you are part of the problem."  No one can be allowed to straddle the line when it comes to the prison/criminal injustice system in Amerika.

In struggle,
Sharif

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