On December 20, 2011, Hernandez pleaded guilty to one count of mortgage fraud. She also agreed to help prosecutors in exchange for dropping the other charges. Four days later, on Christmas Eve, Hernandez wrote a four-page letter in which she said she had lost 40 pounds in four months and claimed FDC officials were ignoring her worsening symptoms. "My right breast is hard like a rock and dark like I had hit it with something," she wrote. "They have sent me a note declining my request to get a sonogram.

"When I told the Dr. of my problems and that I need to be able to eat [organic food] his answer was: 'You lost a lot of weight? Tell the secret to the fat ones in the unit,' " she wrote. "I understand that I am in jail but do I have any way of surviving in these conditions? Can anybody help me?"

Hernandez was supposed to see a rheumatologist every 45 days to monitor her lupus, but she never saw one. "Her condition does not rise to a level of severity where she can jump in front of the line of other defendants," prosecutors explained.

Elsa Peña Nadal holds a picture of her daugher, Keskea Hernandez.
Michael E. Miller
Elsa Peña Nadal holds a picture of her daugher, Keskea Hernandez.
Keskea Hernandez
Courtesy of the Hernandez Family
Keskea Hernandez

Fellow inmates, at least, noticed Hernandez's declining health. Isis Torres, a nurse sentenced to 18 months at the FDC for Medicare fraud, remembers being shocked at how frail Hernandez seemed. "She was in a lot of pain," Torres says.

In April 2012, Hernandez's family fired DeFabio and hired attorney Seitles. "She looked sickly," he says of seeing Hernandez for the first time. "Her fingers were blue. She looked very undernourished, extremely skinny."

Seitles immediately requested a bond hearing before federal Judge Robert Scola. As a first-time nonviolent offender, Hernandez could easily be released on house arrest or at least transferred to another facility, he reasoned. Hernandez's family was hopeful.

"My mom takes care of me and I take care of her," wrote Giulianna, then 14, in a letter to Scola. "I can't, nor do I want, to think about all the pain she's going through being in the FDC without being able to stick to her diet and have access to her medications. Point is my mom needs [to be] home, for her sake and mine."

Seitles presented evidence of Hernandez's medical history, including her disability status from the U.S. government. "This isn't... some scheme to get out of the FDC," he told Scola during the June 20 hearing. Instead, Hernandez was genuinely sick: She had lost nearly a third of her body weight, was throwing up blood, hadn't menstruated since arriving at the FDC, and was at risk for organ failure, Seitles argued.

Thomas, the FDC clinical director, ridiculed the idea that Hernandez's life was at risk. "Those things that you just heard are an embellishment," she told Scola. "None of what [was] just cited to you is true." Thomas insisted Hernandez was getting proper care. "Someone who's in renal failure would be dead," she said.

Scola sided with the prosecutors. Instead of releasing Hernandez, he determined she was a flight risk and denied her bond.

"They treated her like she was a narco trafficker about to flee the country," says Manuel Cedeño, Hernandez's brother, who testified on her behalf. "Why would a sick woman leave the country where she has health insurance and a teenage daughter to live in a Third World country?"

In October, Hernandez was sentenced to 40 months in prison, of which she had already served 14. Suddenly facing two years without her mother, Giulianna fell into a depression. Her grades plummeted, and she stopped playing the piano because it reminded her of her mom.

Hernandez was also falling apart. She began losing hair. When her family came to visit her, she used a jailhouse coffee concoction as makeup to cover the splotches on her skin. "She didn't want to worry anyone," Cedeño says.

In private, however, Hernandez was panicking. Her calcified breast implant had turned into an open sore. Thomas had suggested transferring Hernandez to a medical facility, but Hernandez was afraid that exposing her depleted immune system to other sick inmates would be deadly.

On December 4, 2012, Hernandez wrote Judge Scola begging for lenience. She asked him to put her under house arrest where she could "stop [taking] all these steroids that are destroying my good cells and organs."

"Please, your honor, give me only 15 minutes... to show you what I have and that I am not making this up," she wrote. A week later, she sent another letter to the judge. It's unclear if Scola replied. He did not answer New Times' requests for comment.

Hernandez last spoke to her family on December 23, 2012. When Cedeño emailed her on Christmas Eve, she didn't answer. When he tried again the next day: silence.

Seitles also began to worry. Another FDC inmate told him she had seen Hernandez taken to a hospital. But when Seitles asked prison officials where his client was, they refused to answer. He sent three letters demanding to know where she was held. On January 7, he finally discovered she was shackled to a bed at Larkin Community Hospital in South Miami. Seitles obtained permission to visit her on January 10. It would be too late.

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20 comments
yaegerj919
yaegerj919

I have not read the New Times for many years until today. Last night, I happen to be in Ft. Lauderdale attending a live town hall meeting. As my friend and I were walking past a free newspaper stand, we both took a New Times. It wasn't until the following evening, that I was able to open it up, to start reading it. "Death Sentence" was the first reading. As I was reading the story about Keskea Hernandez, I began to think back just a couple weeks ago, about my commenting in the online newspaper, the Huffington Post, about something very similar, but it involved my opinion on the whole penal system, Federal, State, and County, where many inmates are not being properly diagnosed medically or mentally. So reading this story was not an accident, and some how it will all be brought together one day soon, to those who make decisions in Washington. My hope is that someone will make a documentary of these types of stories, and bring it all to the fore front where it can no longer be ignored, but have to be addressed because of a overwhelming need to do so, because of public pressure.

yaegerj919
yaegerj919

My prayers go all to all those involved. This type of reckless disregard in the system should not, and will not continue as long as people write their local, and state representatives to voice their anger on this type of treatment. It is inhumane, and should not be condoned, or tolerated for any reason, and if any employee in the correctional system is currently treating any of the inmates like this should be fired, and brought up on charges that will stick.

themudda2000
themudda2000

the liberal writer of this article wants you to feel sorry for this women

miamigroove
miamigroove

Just one more episode in the ever-expanding, shameful, embarrassing steps of Miami-Dade County returning to its banana republic heritage roots. Gotta love all these angry witch-hunters expressing their lack of sympathy here. Yeah, she obviously made some bad choices. Yeah she deserved to go to prison for it. Did she really deserve to die for it?

themudda2000
themudda2000

yes one less scum shyster we have to watch out for in our dayly lives. i wish it would happen more often

miamigroove
miamigroove

@themudda2000 

So much for "let he who is without sin cast the first stone"...:(

ali007
ali007

@themudda2000

 The article is not defending the crimes that she committed with mortgage fraud.  Its bringing attention to the lack of medical care to a human being that was not in prison for killing anyone and was really sick. She was dying and did not get the proper medical care despite her desperate and several pleas for help. Handcuffed to a bed? where was she going to go, she was already dead. 

She was doing time for her crime and unfortunately she was not one of the lucky ones who got bonded out. Her death could have been prevented if only the "persons in charge" would have put aside their stupidity and ignorance. 


themudda2000
themudda2000

casting a stone is one this, i have made maany mistakes in my life but, never distroyed lives for tperson gain there are degrees of casting stones . capitol stones deserves capitol punishment

abeetlebug5358
abeetlebug5358

OH PLEASE!!!  I think it is much sadder to let our senior citizens have to decide whether to take their medication or eat because they don't have money to do both...then to worry about a criminal's health...the seniors are in prison without bars...this woman gave up all her rights when she commited the crime...anyone who is in prison should only get the minimal to survive...no more...people in prison can get an education in prison, have access to a gym and workout everyday, they never have to pay for anything...Look at Martha Stewart...REALLY...I know that there are prisons for harden criminals but that's a whole other ballgame...she was a white/blue collar criminal which pretty much falls in the same catagory as Martha...I have NO SYMPATHY!!! If you can't do the time, you shouldn't do the crime!!!

miamigroove
miamigroove

@abeetlebug5358  

 Do you really think that "The Time" (in this case, DEATH!) fit the crime? Better hope it never happens to one of your kids!

themudda2000
themudda2000

if my kids did this, i would visit them in prison and let them know i love them, but they made their own beds

gregseth619
gregseth619

So the moral of the story is... don't go to federal prison.


If I lost my house and was out on the street (most of you probably aren't aware of how bad that sort of fraud is), I would have no sympathy. As it stands, I have little sympathy.

frankmcfrankenfrank
frankmcfrankenfrank

it occurs to me that if she hadn't broken federal law, she wouldn't have been in federal prison to begin with--but I guess blaming the criminal for the result of the crime is offensive, right?

yaegerj919
yaegerj919

@frankmcfrankenfrank  There is something major that your missing here, and I will try my humanly best, to stay in the spiritual side of this, and not the ego. So here goes, everyone on this earth including you, have a time frame on this earth. And yes, one way or another you will leave this earth, but the point that your missing is this. Every soul on this earth, despite their miss deeds deserve to be respected, know matter what their plight in this life is. Do you really think, you or anyone on this earth has the right to mistreat someone because they are not acting according to your standards, of how you think they should act? I hope your answer is no. That you realize that if you were in jail, and you needed medical treatment that you would realize that know matter what you did, you still are entitled to get treatment, despite what your crime was. To love someone unconditionally no matter what, is a major problem on the earth. 

gregseth619
gregseth619

@frankmcfrankenfrank I have little sympathy for her as well.

yaegerj919
yaegerj919

@gregseth619 @frankmcfrankenfrank Yes, you have little sympathy because it  was not you. You have little sympathy because you have know emotions what so ever. So who hurt you so much, that you have become dead inside, where you don't have compassion, sympathy, nor empathy? Do you have even a soul at all in that shell of a body of yours? My prayers are more for you, than to this young lady who know longer has to suffer anymore, but for you, I believe there is hope for you.

jkmedin
jkmedin

I'm an RN who has worked in a state prison in anther state.  This scenario of horrible medical care is exactly what I witnessed working there.  Everyone's hands are tied including the nurses and doctors.  Recommending further treatment and transfer to another facility equipped to care properly falls on deaf ears.  All the medical workers can do is document care and efforts so that when there is a law suit, they will be protected. 

Before I worked in a prison, I worked in intensive care.  I had a 30 yr old prison patient who had a heart attack.  His arrival to ICU however was delayed because everyone thought he was faking.  The doctor at the prison said he had learned his lesson--to listen more carefully to the symptoms.  Luckily, this young man survived. 

There are many prisoners who'll conjure up symptoms to get out of work so their trips to the infirmary are so frequent that they taint the picture of those who really are sick.  Combine that with physicians who are poorly trained, inadequent staff numbers, and lack of money and you have patients who die unnecessarily.  And remember John Gotti, the Mafia leader,  who died of cancer of the throat because of absessed teeth that were not treated by a dentist?  It doesn't matter who you are.  It's a sad commentary on our prison system.

localGuy
localGuy

government health care.  yeah, and they are here to help too. 

 
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