Kick Ass: Selected Columns

  Security on the floating pokey could pose a challenge, but it's nothing that a trained school of ravenous lemon sharks couldn't solve.

  As for the aesthetics, there's no denying that many jails are bleak, fetid, dispiriting hellholes.

  Our Hoosegow-on-the-Bay doesn't have to look that way. We'll just get Christo to wrap it in pink.

  Mathematician needed to sort prison guidelines

  January 23, 1994

  Florida's new prison-sentencing guidelines are supposed to tell prosecutors which bad guys are the worst, and how long to lock them up.

  A prosecutor with many years of trial experience sent me the new rules, along with a gloomy note: "Other than the fact that categories 1-6 do not go to prison, and (categories) 7-9 go for a short time, I have no idea what's going on."

  Neither do I. The new method of computing a criminal's sentence is so insanely confusing that Einstein himself would be pulling out his hair.

  Crimes are ranked according to seriousness. For instance, passing a bad check or carrying marijuana is Level One. Kidnapping with bodily harm or violent sexual battery on a child is Level 10. Prison time is calculated using points.

  Under the rules, 40 points or less means the judge can't send you to state prison. Between 50 and 52 points, the judge may send you to prison. Anything above 52 points is automatic state time. Sound simple? Just wait.

  Here's an example from an actual "score sheet" used to train prosecutors. I wish I was making this up:

  A bad guy is arrested for aggravated battery—a Level Seven crime worth 42 points. Add another 40 because the victim was severely injured. Plus 2.4 points because the defendant has a prior conviction for auto theft. (Why 2.4 points? Don't ask.) Bottom line: The guy's up to 84.4 points.

  Now add four more from a previous prison escape. Add another six because he violated parole. Total points: 94.4. Converted to months, that's almost eight years in the slammer—but hold on.

  To finish calculating, take the guy's 94.4 and subtract 28 months off the top. (This innovation replaces "basic gain time," assuring early release.) New answer: 66.4 months.That's 5 1/2 years, right? Guess again.

  On a Level Seven felony, a judge may increase or decrease prison time by up to 15 percent. So, our bad guy faces a minimum term of 4.15 years and a maximum of 6.9 years.

  Normally he'd get out much sooner, thanks to "incentive" time off for good behavior (for each month served, up to 25 days are cut from a sentence). However, our bad guy is bad enough to earn a mandatory three years, under a separate law.

  There. Wasn't that easy? And that's a simple case. It's no wonder that prosecutors are going batty.

  Worse, the convoluted new sentencing guidelines don't accomplish what tough-talking lawmakers promised. "Nobody is doing more time," says Assistant State Attorney Michael Band. "It's basically a shell game. Passing the buck."

  It's true. Some violent crimes that once earned a trip upstate no longer do: aggravated assault, strong-arm robbery, even battery on a police officer while possessing a gun. Instead of riding a prison bus to Starke, some offenders will serve no more than 364 days in a county jail.

  That's because the Legislature is too gutless to raise taxes to build enough new prisons. Under pressure to appear alarmed about crime, lawmakers jiggle a few numbers and call it sentencing reform.

  Unfortunately, there are still not enough cells for the most dangerous criminals. "The reality of it is," says Band, "there's no space out there."

  Meanwhile, a prosecutor with 100-odd felony cases will spend untold extra hours struggling through the math maze of the new law. When Assistant State Attorney Monica Hofheinz briefed her colleagues on the sentencing changes, she instructed them to bring a calculator and a pencil "with a LARGE eraser."

  Wisely, she also recommended Extra-Strength Tylenol.

  Miami: No. I destination for crooks

  September I, 1994

  Now the rest of us know what thieves, robbers and rapists have known for a long time.

  Miami is the best place in America to be a criminal. It is to hard-core felons what Disneyland is to Michael Jackson.

  In a series being published this week, the Herald used computers to study the effectiveness of Dade's justice system. The results are shocking, scary and disgraceful.

  Dade has the worst crime rate in the country, and does the laziest job of putting bad criminals behind bars. Unless you shoot a tourist or rob the mayor, the odds of beating the rap are hugely in your favor.

  Only 15 of 100 convicted Dade felons go to state prison; the national average is 46 per 100. Out of 24 major metropolitan areas, Dade is dead last in punishing serious crime.

  The customary excuse, swallowed so gullibly by us in the media, turns out to be a myth: There are beds available in Florida prisons, but Dade uses less than half its share.

  State Attorney Kathy Rundle insists that crooks often serve more time when sent to county jail rather than state prison. Statistics show that's not true.

  Moreover, since 1990, inmates in state prisons are serving increasingly longer stretches of their sentences (44.2 percent today, compared with 33.1 percent four years ago).

  To appreciate Dade's marshmallow-softness on crime, consider that a robber arrested in neighboring Broward is three times more likely to go to prison.

  What's going on? An incredible jamboree of plea-bargaining.

  All big-city prosecutors and judges are snowed under by cases, but dumping them has become an art here in Dade. Of 162 felony defendants—one day's worth last spring—only 12 got prison.

  Most of the rest got deals. They had the charges dropped, were put on probation, or were sent through pretrial diversion. One such program, the much-hyped Drug Court, was designed to help first offenders. It's now used as a prison-dodging scam by career crooks. One recent enrollee: a burglar with 28 prior convictions.

  Much of the blame falls on prosecutors, and the judges who routinely accept (and encourage) outlandish deals for the sake of expediency.

  At the State Attorney's Office, a legacy of leniency began under Janet Reno. Back in 1981, the Herald studied a week's worth of Dade felony arrests: Of 407 defendants, 38 went to prison.

  Reno lobbied for a bigger budget and more prosecutors, and got both. Nevertheless, benevolent plea-bargaining has continued at a breakneck pace, sometimes with tragic consequences.

  Many judges are content to help spin the revolving door, to thin their heavy calendars. The result: plea deals that gladden a mugger's heart.

  It's true that Dade's justice system hasn't kept pace with the crime boom. Prosecutors and judges here labor with heavier caseloads than their counterparts in many cities.

  But that doesn't account for the outrageous discrepancy in the imprisonment rate. Dade isn't merely the worst, it's the worst by a mile. Obviously there's an institutional philosophy by which prison is the least desirable of prosecutorial options.

  Pretrial diversion might make sense for first timers, but it's a ridiculous approach toward a sleazebag with 28 felony raps. What else are prison cells for?

  What the Dade courthouse needs is radical attitude adjustment, or an infusion of aggressive new talent. Forget who's governor or attorney general; it's prosecutors and judges who have the power and responsibility to lock up thugs.

  That's a rare event in Miami, now a national playground for felons. The rules are different here.

  Death penalty should be fair, certain, swift

  March 27, 1997

  Well, they don't call it Old Sparky for nothing.

  Florida's infamous electric chair went haywire again Tuesday, and Pedro Medina caught fire.

  No big deal, according to Gov. Lawton Chiles and other God-fearing leaders. They say the convicted killer was already unconscious when his hot-wired skullcap lit up like a Roman candle.

  The governor cited the account of the prison's medical director, who declared:

  "I saw no evidence of pain or suffering by the inmate … In my professiona
l opinion, he died a very quick, humane death."

  Thank you, Dr. Quentin Tarantino. (Did he say "humane"? Yeah, sign me up for this guy's HMO.)

  But nobody put a rosier spin on the grisly mishap than Attorney General Bob Butterworth, who mused that a faulty electric chair might prove a stronger deterrent to crime.

  And, while you're at it, how about a squirt of lighter fluid as they strap the guy in? Just in case he hasn't figured out the program.

  That flames shot from Medina's head and the death chamber filled with smoke was politically incidental to the outcome: The man definitely died. No argument there.

  But, once again, the state of Florida looks like it's being run by a bunch of dumb-ass rednecks who couldn't fix a toaster, much less an electric chair.

  The last time Old Sparky malfunctioned, cop killer Jesse Tafero ignited not once, not twice but three times. That's because some genius decided to substitute a synthetic household sponge for the real thing.

  (See, when a sea sponge is moistened and placed under the death cap, it absorbs some of the scorching heat generated by the 2,000-volt surges. Without a buffer, the condemned man tends to catch fire, which is an unsavory advertisement for capital punishment.)

  To avert such ghoulish fiascos, many states long ago switched to lethal injections. Typically, the inmate is reclined on a table and hooked to an intravenous tube. Toxic chemicals drip into his veins, and he basically goes to sleep.

  Humane it's not. The death penalty isn't supposed to be.

  But injection is the most painless method, and it avoids the Gothic grotesqueries of the electric chair: the shaving and lubricating of the doomed man's scalp; the leather bonds; the death mask; the hooded executioner.

  So primitive is the ritual of electrocution that even those who advocate capital punishment often are appalled when they finally witness it. I was.

  There's no practical reason for keeping Old Sparky plugged in, but state legislators are a nostalgic lot. Some of those Corners would bring back public lynching, if they thought there were enough votes in it.

  Polls show that most people want the death penalty to be fair, certain and swift. It's none of that now—a failure as a crime deterrent, and a stupendously expensive one. It costs millions more to execute a man than it does to lock him away forever.

  But the one thing capital punishment does accomplish is this: It takes a life for a life. That's all it does—but that's often enough for those who've lost loved ones to murderers.

  So the question for modern society becomes, how do we carry out this grave and ultimate act?

  Answer: Here in Florida, we use a 74-year-old wooden contraption so crudely engineered that its efficiency depends on a sponge.

  But don't think we're just a bunch of ignorant, unenlightened hicks down here. We didn't mean for Pedro to flame up the way he did.

  It won't happen again, either. Next time, by God, the warden's bringing a fire extinguisher.

  Dade attorney batting zero against graft

  October 23, 1997

  Dade's reputation as the crookedest place in America is secure, thanks to Dade State Attorney Kathy Fernandez Rundle.

  On Monday, she declared that no criminal investigation of county paving contracts should begin until an independent audit is done.

  And, since Dade commissioners are probably too yellow to order an audit, it's possible that any thieves who skimmed hundreds of thousands of taxpayer dollars will be safe from prosecution.

  So what else is new?

  When it comes to pursuing corruption, Rundle's record is even more pathetic than that of her see-no-evil, hear-no-evil predecessor, Janet Reno. That's one reason so many crooks flock to public office here—they know that nobody's watching.

  The bribery epidemic at Miami City Hall.

  Missing and misspent millions at the Port of Miami.

  Hundreds of computer-forged housing inspections at the county building department.

  All these recent scandals have one thing in common: The State Attorney's Office had virtually nothing to do with exposing them. A perfect batting average of .000.

  In some places, prosecutors would be embarrassed if their communities were so visibly a-rot with corruption. In some places, prosecutors actually send out investigators to hunt for dishonest public officials.

  And in some places, when wrongdoing is uncovered, indictments are drawn, trials are held and an actual attempt is made to punish the crooks. Can you imagine?

  Here in Dade, the task of ferreting out graft is left to the FBI or the media. It's an icky little business, and the state attorney would prefer not to get involved.

  The paving scandal is a prime example. In a random examination of three dozen repair jobs, this newspaper documented truckloads of missing materials, projects paid for but never done, and hundreds of thousands of dollars in overcharges.

  Sidewalk repairs that should have cost $20,000 were billed (and paid) at $166,024. One homeowner's driveway was replaced for $19,500—six times more than what his own contractor had offered. Another minor patch job cost $9,004 when the price should have been $750.

  All the work was done for the water and sewer department as part of a huge county contract with Church & Tower, the firm headed by the loud and politically influential exile leader, Jorge Mas Canosa.

  The company says it's "surprised" by the size of the paving bills, and promises to conduct its own investigation, which I'm sure will be relentless, unsparing and thorough. I'm also sure that Chihuahuas can be taught to translate Proust.

  Church & Tower's attorney says all the disputed work was performed by subcontractors, and that the county will receive "an appropriate credit" if overcharging occurred.

  There is no "if." It happened, and it's no wonder the Church&Tower gravy train has bloated from $21 million to $58 million in 21 months. The tab for "special" concrete repairs alone has soared from $420,000 to $2.3 million.

  Perhaps the company is experimenting with a new type of concrete made from diamonds. Or perhaps somebody is simply robbing taxpayers blind.

  The county supervisors who approved the outlandish overpayments have been reassigned. (After being questioned by reporters, both men complained of chest pains and hurried to the hospital—a wise move.)

  Facing these fresh revelations of money-squandering, the commission has grudgingly agreed to reconsider an audit of the paving contract. Two weeks ago it voted down the idea, after ferocious lobbying by Church&Tower.

  The same could happen again, as many commissioners fear antagonizing the Mas family or the Cuban American National Foundation, headed by Mas Canosa.

  This would seem an ideal opportunity for a diligent prosecutor, unswayed by politics and suitably appalled by such a massive rip-off, to launch a criminal probe.

  Dream on, folks. Kathy Rundle says she wants to see an audit first.

  Apparently not quite enough of your money is known to be missing. Oh well. Perhaps her enthusiasm for finding it will be better stoked when the sum exceeds seven figures.

  Unfortunately, we might never know how much has vanished in the Church&Tower fiasco. That's because Rundle is leaving the decision to the same knucklehead politicians who approved the contract originally, politicians who've taken plenty of campaign donations from Mas family interests.

  And if that doesn't kill the investigation, Rundle has plenty of other options.

  Chest pain, for example. I hear that's going around.

  State haggles over the cost of stolen days

  April 26, 1998

  What is a day of your life worth?

  The answer is $79.46, if you're Freddie Pitts or Wilbert Lee. That's the amount that the Florida House proposes to give the two men, who spent more than 12 years—exactly 4,405 days—in prison for murders they didn't commit.

  Pitts and Lee were pardoned two decades ago, and ever since then have been seeking compensation for their time behind bars. And every spring they've been rebuffed by the Legislature, to the everlasting sha
me of this state.

  This year, finally, Pitts and Lee will be paid.

  The debate churns around the choice of an appropriate sum. What monetary value can be placed on four thousand days of freedom lost; four thousand days apart from family; four thousand days blanked off a calendar because somebody made a horrendous mistake?

  Pitts and Lee had asked for $1.5 million each. House Speaker Dan Webster countered with a degrading offer of $150,000. Last week, the House settled on $350,000, or $79.46 for every day wrongly spent behind bars.

  Some would still call that disgraceful. Others would say Pitts and Lee should be grateful to receive anything.

  In 1963, the two black men went on trial for murdering two white gas station attendants in the Panhandle town of Port St. Joe, which in those days was segregated. Wilbert Lee was 27 and Freddie Pitts was 19.

  They were convicted by an all-white jury, and sentenced to die. Later, somebody else (imprisoned for killing another gas station attendant) confessed to the Port St. Joe murders, and his account was supported by a girlfriend.

  Pitts and Lee were granted a new trial in 1972, but a judge wouldn't let the jury hear about the other man's confession.

  Again Pitts and Lee were found guilty. Freedom didn't come until three years later, when they were pardoned by then-Gov. Reubin Askew.

  The case remains controversial in the Panhandle, where some folks still say Pitts and Lee are guilty. That it's taken Florida so long to compensate the men can be explained by old Dixie politics.

  But this year finds a Republican-controlled Legislature that's avidly courting black voters. It's also a year of great bounty in Tallahassee, so lawmakers have been throwing' hundreds of millions of dollars at all kinds of pet projects, causes and schemes.