Attorney seeks to block steroid questions in corrections lawsuit, By: Ron Word

April 5, 2006, JACKSONVILLE, FL

Attorney General Charlie Crist has decided his office will no longer represent current and former Corrections Department officials in a federal lawsuit filed by Florida State Prison inmates who allege that guards sprayed them with chemical agents.

The issue came to a head after an attorney in Crist's office filed a motion stating those officials should not have to answer questions about their steroid use. Denis Dean, an attorney who works for Crist and represented current and former Corrections officials, argued in a motion filed March 31 that answering the questions would violate the guards' rights against self-incrimination, privacy of medical records and doctor-patient privilege.

But Wednesday, Crist said his office was withdrawing from the case.

"We are not representing these guys if they will not answer questions about their use of illegal drugs," Crist said. "We are out."

Crist, a Republican candidate for governor, said his office will file a motion seeking to withdraw from the case either late Wednesday or Thursday.

"It puts us in an untenable position," Crist said.

Cassandra Capobianco, who represents the 10 inmates, was shocked by Crist's actions.

"It seems a strange move to cut them loose," she said. "My first impression if that is true, they will either have to proceed on their own or get their own attorneys."

Steroid use among prison guards was the first part of a now wide-ranging state and federal investigation into the state Corrections Department that led to the forced resignation of Secretary James Crosby in February. Crosby, former regional director Allen Clark and 26 current and former guards are named as defendants.

Crosby's attorney Steven R. Andrews of Tallahassee wasn't concerned about the development.

"Since the attorney general by his own admission has never handled a court case, Mr. Crosby would be better off representing himself than having Attorney General Crist represent him."

In a motion filed Monday, Capobianco wanted to know if the guards and former officers use or suffer from side effects of steroids; if they sought or received treatment or counseling for steroids; if they were tested for the drug; and if they were questioned by law enforcement about its use.

Steroid abuse could increase the likelihood on inmate abuse, Capobianco said. Side effects from the use of steroids included "increased aggression, increased irritability, depression, mood swings, confusion, distractibility or forgetfulness," Capobianco said in her motion.

The 10 inmates who filed an amended lawsuit in February allege they suffered burns, severe asthma attacks and psychological distress from the use of tear gas and other chemical agents.

Current Corrections Secretary James McDonough and Florida State Prison Warden Randall Bryant are only named as defendants in their lawsuit in their official capacity as department officials, said their attorney, Peter Martin. At the time of the alleged abuse, they were not in their current positions. McDonough was not an employee of the department at the time.

The case is scheduled to go to trial in January.