Filed on Tuesday morning July 20, 2021and picked up by Mrs Wit from classification.
I'm grieving the fact that the ICT has suspended my visits devastating my 74 year old mother based on a bogus DR of a 3-17 with is a minor rule violation. That Mr. Minta felt shouldn't have been written. And thus gave me, 3 days on Disciplinary Confinement. And made the comment, "this is a bull shit DR." He knew there was no evidence whatsoever proving knowledge, or possession of the 7cans of smokeless tobacco that was found in my laundry bag. And a bag that is not secured with any type of device and can be untied and tied back in 20 seconds ( I timed it ) allowing officer's and inmates access to hide contraband in my bag. So one inmate can distract both officers using a diversion the other inmate tosses the bag in a blind spot and in 20 seconds have the bag back with the others with the contraband enclosed. The Court has ruled on this and even stated In Kresbach v. State of Florida, 462 So. 2d 62 (Fla 1st D.C.A. 1984)"TO PROVE CONSTRUCTIVE POSSESSION THE BURDEN IS ON THE STATE TO SHOW THAT THE DEFENDANT KNEW OF THE PRESENCE OF CONTRABAND IN THE CONTAINER AND HAD THE ABILITY TO MAINTAIN CONTROL THEREOF."I didn't know about the cans of dip being in there. And there was no way for me to maintain control. In Stemm v. Florida, 523 So 2d 760 ( Fla 1st D.C.A.1988)"THERE MUST BE KNOWLEDGE OF THE PRESENSE OF CONTRABAND TO BE CULPABLE IN CONSTRUCTIVELY POSSESSING OR INTRODUCING CONTRABAND." In Brooks v. State, 501 So 2d 176( Fla 4th D.C.A.1987), "GUILT CANNOT REST ON MERE PROBABILITY." There's no evidence to support anything other than one of two possibilities. 1. Inmates who had possession of my bag using it to transport the cans to the main laundry for which I don't know anyone who works over there. or 2. An officer placing them in my bag to set me up as retaliation. And retaliation has happened to me under this administration back in July 2017 as a result of what I was writing. Mr Norman was the Col here and pulled me out to talk to me. I then spoke to the Warden and assistant warden the next day. And Mr John Palmer the following week concerning staff tearing my cell up and confiscating all my writing materials. Pens paper etc and placing them on a DC6-220 impounded property slip, then having to return it when Senator Aaron Bean called up here asking why y'all took my writing materials. So we can't say it doesn't happen, because it did. And see attached as Exhibit (a) letter dated December 21, 2020 addressed to Assistant Warden Knox where I addressed that retaliation and tried to extend an olive branch. She did not accept it and reach out to me. Ms Knox has tried to discredit me with friends and public officials. See attached as Exhibit (b) email from August 21, 2019 where Ms Knox calls me a liar. And this was over an incident where staff was trying to have inmates jump on me on the rec yard. And staff did attempt this twice!! Only thing is the inmates wouldn't go for it. I say all of this to show a history of retaliation. And thus reason for staff to plant them cans in my laundry bag. And there's no doubt by the contents of the email that Ms Knox hates me! And you see it here where she's calling me a liar and trying to drive a wedge between my fiancé and I. And now here she is misapplying
33-601.731 Suspension of Visiting Privileges on a minor rule violation/bogus DR that Mr Minta said shouldn't have been written.
For the above reasons I'm asking that you approve this grievance and reverse the visitation suspension. And if you need further evidence that visitation suspension isn't warranted, I ask that you go into the FDOC's database and look at every violation written for the violation of guilty of. I thank you for your time and returning my visits.
Ronald W. Clark Jr. #812974. July 18,2021