State to Quit Corrections Lawsuit, By: Ron Word

JACKSONVILLE -- Attorney General Charlie Crist has decided his office will no longer represent current and former Corrections Department officials in a federal lawsuit filed by 10 Florida State Prison inmates who allege that guards sprayed them with chemical agents.

The issue came to a head after a lawyer in Crist's office filed a motion stating those officials should not have to answer questions about their steroid use. Denis Dean, a lawyer 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 today.

"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. 

In a motion filed Monday, Capobianco wanted to know whether 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.

The case is scheduled to go to trial in January.