COUNTY OFFICE INVESTIGATIVEREPORT VICTIM: CASE 06- 47196 OFFENSE: Sexual Battery DATE TYPED: 06/12/06 STATUS: Waiver of Prosecution - C5 PERIOD COVERED UNDER INVESTIGATION: 05l30l06 06l02106 DET.: K. Angell #201a@ suvp.: Sgt. M. Brewer #477 mf COPY TO: NIA RELATED CASEISI: NIA INDEX DATEITIME 0F OFFENSE: 05/29/06 2130 2140 hours QCATION OF OFFENSE: COMPLAINANT: Same as victim WITNESLOTHER: SUSPECT: Andrew M. Badolato WIM 08118164 6?4" 205 lbs. Brown hair. Hazel eyes 3108 Casey Key Rd. Nokomis, Florida VEHICLE USED IN CRIME: NIA EVIDENCE STATUS: NIA 2 Case #06-47196 STOLENIDAMAGED PROPERTY: NIA RECOVERED PROPERTY: NIA ATTACHMENTS TO REPORT: Waiver of Prosecution DRUG RELATED: No 05/30106 1700 hours I was contacted by Sgt. Pezzella in reference to a sexual battery that was being reported to Dep. Tuls. Sgt. Pezzella gave me a brief description of what he was told occurred. I asked Sgt. Pezzella to have Dep. Tuls take the initial offense report and accompany the victim to the Venice ER to have a sexual battery kit completed. I also asked that they accompany the victim to my office for an interview following the exam. 05130106 1945 hours I conducted an audio recorded interview with the victim, reiterated the facts contained in the initial offense report and her written sworn statement. 05130106 - 2009 to goao hgurs Erickson made two controlled phone calls to the suspect, Andy Badolato. Badolato did not admit to any sex act with the victim. The victim was asked not to contact Badolato about the investigation any further. 06101106 - 1200 hours i was contacted by Lt. Quinn and advised that the victim had called the South CIB of?ce to inquire whether or not she should take money offered to her by the suspect. Lt. Quinn and I agreed that the victim should not take the money and that doing so would affect our investigation. This direction was passed on to the victim. 06101106 - 1600 I contacted the victim and asked that she come to the District Three CIB of?ce so that we could get the money offerings by the SUSpect recorded during another controlled 3 Case #06-47196 call. The victim stated that she was unclear about the path which she wanted the case to take. She stated that she wasn't going to come down to have the calls recorded but would contact me the following morning. 06102106 1000 hours I was contacted by Detective Duff with the North County Criminal Investigations Of?ce. Det. Duff advised me that they were in the process of interviewing an Andy Badolato in reference to a possible extortion case against my victim. Det. Duff and Det. North?eld witnessed the victim call Mr. Badolato and say that if he didn't pay her a determined amount of money she would go to the police. 06l02l06 1100 hours After repeated attempts I was ?nally able to reach the victim. Initially she denied demanding money from the suspect, but later admitted that she was only referring to the money she was due for baby sitting. I explained to the victim how it now appeared that she was attempting to extort the suspect and that she should not have called him or demanded money. The victim agreed that her actions were inappropriate and stated that she just "wanted it to go away". I advised her that the only method of making the case "go away" was to sign a Waiver of Prosecution. 06102I06 1200 hours The victim came to the District Three Of?ce and signed a Waiver of Prosecution. Following this. she called my cell phone and apologized for her actions as well as ?wasting our (your) time". I called the victim back and told her she didn't waste our time but reiterated that she should not have had contact with the suspect. She agreed and said she was in the process of driving back to Minnesota. 1946 hours I conducted an audio recorded interview with Andy Badolato. During the interview, Badolato admitted to having sex with the victim but denied it was unconsensual. Badolato was advised that the victim signed a Waiver of Prosecution. He chose not to have the extortion case pursued. 4 Case #06?47196 SYNOPSIS: The victim in this case did not following directions given by Lt. Quinn and myself to ensure a solid investigation. Because of her actions the case was compromised. The victim decided that she no longer wished to prosecute and signed a waiver. I requested that this case be closed by Waiver of Prosecution. 04,- MW: 373%: (-2. DEV 71213;! wonM__.5__ -. $05? r5577 A'va Arum NM ?thW e. if .0 $016456: 1559 an? C9550 ?ligmv?wu??AJ/Ml ?55737 OM?uW?gj) 357:4:ng s:wgqy;:1 gm 015%?: Y/Z?f/o g: NMNX ?rm: umm m?ch-Oe?_ ?Maggi, . ?n .. 14 Agra J, ?A7a/a:w ORIGINAL REPORT INFORMATION Sarasota County Sheriff's Office Sarasota County, Florida Incident/Offense Report Case Number 200600047196 Date/Time Reported 05I30I2006 14:59 Offense Type FELONY OFFENSE Offense 1/Statute 35 SEXUAL BATTERY 794.011 Attempt: COMMITTED Offense 2/Statute Attempt: Offense 3/Statute Attempt: EVENT DATA Date/Time Occurred From: 05I2912006 21:30 Date/Time To: 05129I2006 21 :40 Incident/Offense Location (siege Dir Street Name St.Type Apt# City) Related Case Number Grid 342 Zone 011 Forced Entry A NOT APPLICABLE Location Type Weapons Type 1 1 THREATIINTIMIDATION Premises 00 Offenses 01 Offenders 01 Arr Total 00 Arrest Adult 00 Arrest Juvenile 00 PERSON TYPE Number DVictim card given Type Number Con?dential Type Number Name {Last Name,First Name.Middle initial) Race Sex DOB Estimated Age Age Height Weight Hair Eyes Offense/incident Indicator Extent Injury Injury Type #1 Injury Type #2 Home Address (Streetrtl Dir Street Name _S_t._Type Apt# City State Zip) Residence Type Residence Status HomelCell Phone Business Phone Employer's Address (Street?! Dir Street Name St.Type Unit# City State Zip) Occupation Foul Play Missing Previously Recovery Info Victim/Offender Relationship DVR Alias Place of Birth Officer/ID: TULS MARK #2030 Case# 200600047196 Date 6I212006 PAGE #1 Sarasota Coun Sheriff's Office ORIGINAL FIorida WW CONFIDENTIAL Incident/Offense Report PERSON Type c3 COMPLAINANT ADULT Number 1 EVictim card given Type V3 VICTIM ADULT Number 1 ECon?dential Type Number Name 1' Last Name,First NameMiddle initial) Race' Sexf DOB Estimated Age Age Weight Heigh Hair BRO BROWN Eyes Offensellncident Indicator Extent mu 0 NONE . . injury Type #1 00 MIA Injury Type #2 00 MIA Home Address (Street! Dir Street Name Aptit City State Zip] Residence Type 2 COUNTY Residence Status 1 FULL YEAR HomelCell Phone Business Phone Emiloier's Address (Stream! Dir Streethlame Unit! City tate Zip) Occupation . Foul Play Missing Previously A NIA Recovery info 0 NIA Victim/Offender Relationship DVR N0 Alias Place of Birth Crime Scene Approved By: PEZZELLA MARC #0669 Photos Taken No By Whom? Dusted For Latent Prints NO Prints Submitted N0 By Whom? BOLO Requested By BOLO Given to Cancelled Cancelled By? Enclosures: WITNESS STATEMENTS Copies To: Clearance Code Exception Code Officer/ID: TULS MARK #2030 Case# 200600047196 Date 6I2I2006 PAGE #2 Sarasota Court Sheriff's Office ORIGINAL Sarasotatgounty. Florida CON Supplemental Person Report PERSON Type 33 SUSPECT ADULT Number 1 . Victim card given Type Number Con?dential Type Number Name (Last Name.First Name.MiddIe Initial) Race WWHITE Sex MALE DOB 0811BI1964 Estimated Age Age 41 A ADULT Height 604 Weight 205 Hair BRO BROWN Eyes HAZ HAZEL Offensellncident Indicator 1 1ST OFFENSE Extent Injury 0 NONE Injury Type #1 00 MIA Injury Type #2 00 NIA Home Address 3108 CASEY KEY RD NOKOMIS FL 34275 (Street# Dir Street Name St.Type Apt# City State Zip) Residence Type 2 COUNTY Residence Status 1 FULL YEAR Home/Cell Phone (941 )966-3108 Business Phone EmployerISchool Employer's Address (Streetii Dir Street Name St.Type Unit# City State Zip) Occupation Foul Play A NIA Missing Previously A NIA Recovery Info 0 NIA Victim/Offender Relationship 21 EMPLOYER DVR NO Alias Place of Birth Of?cer/ID: TULS MARK #2030 Case# 200600047196 Date 612I2006 PAGE #3 SHERIFF CASE CARD INCIDENT Page# 175 TRANS DATE: ostaoIzoos COMPLAINTIDISPATCH CALL ANS: 14:53 ACC EVENT: 14:59 LOCATION: APT #2 MUNICIPAL CODE: NOK PHONE: DISPATCH CODE: 35 DISPATCH STATIONS: SD1 SM: 311 GRID: 6342 0/5: CSTA: c14 CALLER EID: 3262126 ADDR: EVENT: 00605300990 COMMENTS: MALE RESIDENT REFusifn TO PAY COMP .UNLESS SHE DOES SEXUAL FAVORS xse COMP AT COMP X51 X52 IN 5 LOI search completed at 05130106 14:59:54 CB WILL X56 LEFT MESSAGE COMP 0F DELAY 3182 ADVD Event held for 1 minutes and unit 83211 REQ UNIT RESPOND ASAP HAS BEEN WAITING FOR 1 HR Case number 806047196 has been assigned UNIT TDSP 1097 1098 1097 1098 BADGE OFFICER NAME $321 1 1 532 1606 1539 1 932 2008 22030 MARK TULS $3282 1653 1742 20669 MARC PEZZELLA SITUATION: SEXUAL BATTERY DSPT default INC NO: 506047196 G/r/m 7% an. ?7/96 4% SARASOTA COUNTY OFFICE Case Number OE 96 Date 6 2-0? Zone (p Grid Si 1. the undersigned, do hereby: You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions to have him with you during questioning. If you cannot afford a lawyer, one will be appointed for you before questio 113 if you wish. If you decide to answer questions now without a lawyer present, you will still have the right to 5 up at any time. You also have the right to stop answering at any time until you talk to a lawyer. :Rzo Signed this day of .at o'clock. . m. ??tness/Deputy Signature Request the Sarasota Sheriff's Of?ce not to prosecutem (1) 11391306247 9 regarding my complaint. I am satis?ed with the manner in which the investigation was conducted and release the Sheriff's Of?ce of any responsibility regarding this complaint. I understand thatI may secure an arrest warrant at a later date, if so desired. A A963 Signed this (971/5 day of (U 20 . an"? o'clock. . m. 357'; 910112.: (L Witness/Deputy Signal-fire W111 Give my permission in lieu of impounding by the Sarasota County Sheriffs Of?ce for the (Year) (Model) I: (License)__ (State) (Year) that I have been operating to remain aUrelcase to .This decision was made by me after the deputy listed below explained the poss ilit of age or loss. Being aware of this by affixing my signature to the form, I release the Sheriffs Of?ce of any and lity for manage or loss which may occur to the above described vehicle. Signed this day of . at o'clock, . n1. Witness/Deputy Signature Give my full consent that the premiseslvehicle described dlor located at (Vehicle Year) (Make) (Model) (License) (State) (Location) may be searched by any Sarasota County Sheriff's Of?ce Deputy. nsent extends to the main building and any enclosures found on the property. I further agree that anything or a ic at may be found? 1n the search of the premiseslvehicle may be used at tn'al' 1n any manner of which I may stan?ii$ .I ully understand my Constitutional rights by this consent. I give this consent freely and voluntarily, witho tco lsion or threat of any kind. Signed this day of o'clock, . m. Witness/Deputy Signature 2-94 1-77 98-17 Sarasota County Sheriff's Office ORIGINAL Sarasota County, Florida Incident/Offense Report - - THE VICTIM WAS SUPPOSED TO BE PAID $300.00 DOLLARS PER WEEK. THE SUSPECT ATTEMPTED TO PAY THE VICTIM WITH A CHECK FOR $500.00 DOLLARS, BUT THE ACCOUNT HAD INSUFFICIENT FUNDS. ON 05-29-2006 AT APPROXIMATELY 2130 HOURS, THE VICTIM ASKED THE SUSPECT TO PAY HER $600.00 DOLLARS FOR THE PAST TWO (2) WEEKS OF WORK. THE SUSPECT TOLD THE VICTIM HE WOULD NOT PAY HER WITHOUT HER PERFORMING FELLATIO ON HIM. THE SUSPECT TOOK HIS PANTS OFF AND STOOD IN FRONT OF THE VICTIM. THE VICTIM WAS RELUCTANT, BUT EVENTUALLY PERFORMED FELLATIO ON THE SUSPECT AFTER HE TOLD HER SHE WOULD NOT BE PAID. THE SUSPECT GRABBED THE BREASTS AND STARTED TO TAKE OFF HER CLOTHING. THE VICTIM BEGAN TO CRY AND TOLD THE SUSPECT SHE DID NOT WANT TO CONTINUE. THE VICTIM WAS SEATED ON A COUCH IN THE UPSTAIRS LIVING ROOM OF THE RESIDENCE. THE SUSPECT LAID ON TOP OF THE VICTIM WHILE SHE WAS SEATED ON THE COUCH. THE SUSPECT PUSHED UP THE SKIRT AND MOVED HER PANTIES TO THE SIDE. THE VICTIM TOLD THE SUSPECT SEVERAL TIMES. THE VICTIM TOLD THE SUSPECT OFF OF SEVERAL TIMES. THE SUSPECT PENETRATED THE VAGINA WITH HIS PENIS SEVERAL TIMES BEFORE EJACULATING ON THE ABDOMEN. THE VICTIM RAN TO THE BATHROOM AND CLEANED UP WITH A BATH TOWEL. THE VICTIM LATER LEFT AND CONTACTED THIS AGENCY FOR ASSISTANCE. UPON ARRIVAL, THE VICTIM COMPLETED A WRITTEN WITNESS STATEMENT ABOUT THE INCIDENT. THE VICTIM ADVISED SHE HAD NOT YET SHOWERED AFTER THE INCIDENT AS SHE HAD NOWHERE TO STAY. THE VICTIM STATED SHE HAD THE CLOTHING SHE WAS WEARING DURING THE INCIDENT STORED IN HER VEHICLE. I ASSISTED IN HAVING THE VICTIM FOLLOW ME TO VENICE REGIONAL EMERGENCY ROOM WHERE A SEXUAL BATTERY KIT WAS COMPLETED BY NURSE FOGG. THE SEXUAL BATTERY KIT WAS PLACED INTO S.S.O. PROPERTY AT THE SOUTH DISTRICT. THE INVESTIGATION WAS TURNED OVER TO DETECTIVE ANGELL #2016 AT THE SOUTH DISTRICT, WHERE HE MET WITH THE VICTIM. SERGEANT PEZZELLA #669 WAS ADVISED OF THE INCIDENT. Of?cerllD: TULS MARK #2030 Case# 200600047196 Date 61212006 PAGE #4 SARASOTA COUNTY OFFICE Case No. oC'oa Date 0 5' 3? I Time lW?i WITNESS STATEMENT of Pages_L__ _eside a? do hereby make the following luntary statement to and nil/,4 who has (have) identi?ed himself (themselves) to me as Deputy Sheriff(s) of the Sarasota County Sheriff? 5 Of?ce. I make this statement without having received any reward, or offer of reward. No threats, force or promise have been made to induce me to make this statement. 1mm; ctr- chj?h Lf?x lax/C?m Von/Y] Qty/04101531 05.15?? ?Hq? betas; Juggl] bt??kjrt Mix? moms: Cam;- hog/IQ 3m match sled Ok??lu +010! We GA Lotion) 104:: Rod: were 13+: Sex? 58 do ?u [Titan-H 5:6) rue?{? ?0901 ?r {tffk (?3(ka lffim . he EBOJL has wan? Cit/ltd Ipalbeol +6.3 me: 0mg fir/P COUCH and l/\I C3 th??rfl?? C/Lwec?k LA. MKIL $36: Q?d ?maid Wt? +0 Edda gait mm and grade d6) r; tiJ he Salld \rc?x?z td? L9 ?i?rlf OkD?l *i?hi?l? 5i; 3:6 0L3 MM (fl: l/?Jl?Ll SHIT l! (:me nuabl fit/IA Saw now/1,3 Signm slimmed by we at? d??uw) {#243, Time completed [[51 Witnessed by .l-l98 SARASOTA COUNTY DEPARTIENT Case No: ,Date: og'loaoc Time: 183?! Page 2 of 3 Pages STATEMENT CONTINUATION L?hnu??d Qanis mu Lg?cknotcnc? Gd? 1/ mev H?e mite mow Mm Pit" awn Lt I ?3&4 0K0 c;