Six years after 27-year-old prison inmate Randall Jordan-Aparo died at Franklin Correctional Institution after being gassed by corrections officers, an investigation has still not been complete and witnesses to the incident, who allege he was tortured and beaten by corrections officers, have still not been interviewed, according to a 33-page federal civil rights lawsuit filed Monday.
On Tuesday, the head of the agency charged with investigating the state's role in the death, Rick Swearingen, faces his six-month performance review before the governor and Cabinet today. The governor and Cabinet jointly are responsible for oversight of FDLE.
On Monday, the Herald/Times asked if the governor and Cabinet believed FDLE was sufficiently following up on the abuse-related deaths at the Department of Corrections, as the agency had told legislators it would do. For the past three years, the Miami Herald has chronicled or revealed details about many of the deaths.
The question was not about the pending investigation but how the governor and members of the Cabinet is holding FDLE accountable regarding its performance about an inmate death nearly six years ago and other deaths the agency is charged with reviewing.
Gov. Rick Scott, Attorney General Pam Bondi and Chief Financial Officer Jeff Atwater responded. No one chose to answer the question, or explain why they didn't want to answer it. We did not receive a response from Agriculture Commissioner Adam Putnam.
Here is what we asked:
"We are writing today about a federal lawsuit being filed in connection with the death of inmate Randall Jordan Aparo in 2010. We understand the investigation was re-opened by FDLE, however, many of the witnesses in the case and others have not been interviewed, according to the lawsuit.
"As you prepare the performance review of FDLE Commissioner Rick Swearingen on Tuesday, could the governor provide us with an answer to this question:
"Have you have been assured that Commissioner Swearingen and his staff are sufficiently following up on the abuse-related deaths at the Department of Corrections? If you are confident these investigations are underway, please explain how you reached that conclusion."
Here's how the governor's office answered the question at 9:47 p.m.
"Commissioner Swearingen has done a great job in his leadership role at FDLE. We look forward to his performance review tomorrow,'' said Lauren Schenone, the governor's press secretary. "Florida is now at a 45-year crime low because of the hard work of Florida’s law enforcement officers, and Commissioner Swearingen has dedicated his career to making sure Florida is the safest state in the nation.”
Here is how the office of CFO Atwater responded: "Our office has not had specific conversations about inmate investigations," said Ashley Carr, spokeswoman for Atwater.
Here is how Bondi's office responded: "It would not be appropriate to comment on a pending investigation,'' said Kylie Mason, Bondi press secretary. "Furthermore, any discussion relating to FDLE Commissioner Rick Swearingen's performance review must be addressed in the open at the public Cabinet meeting."