It was discovered that Ms. Neese was utilized by Detective Weathers as an informant during three narcotics purchases from Frank Thomas. Those purchases took place February 18, 2016, February 25, 2016 and February 26, 2016. Sergeant O?Reilly discovered that during the February 26, 2016 buy, Ms. Neese violated provision twelve (12) of the Fort Myers Police Department?s Informant Code of Conduct. Provision twelve states: understand that I may not engage in illegal or impr0per conduct as long as I am working with the Fort Myers Police- Department. On the February 26, 2016 operation, Ms. Neese was equipped with an audio and video recording deVice. The video depicts Ms. Neese conduct what appears to be a drug purchase from a black male, identi?ed as Frank Thomas, and then engage in oral sex with Mr. Thomas. Ms. Neese immediately reported the incident to Detective Weathers and Detective Schulze who were waiting in a vehicle nearby. Assistant State Attorney Hanna Renna was also inside the vehicle. She was participating in a ?ride-along.? Detective Schulze and ASA Renna stated that Detective Weathers became visible upset and irate upon hearing the information. Back at the police station, ASA Renna commented to those that were present; Detective Weathers, Sergeant Richard Notaro, Detective Schulze, and Detective Wolfgang Daniel that the informant, Ms. Neese should not be used anymore, that this ?curren case shouldn?t be prosecuted and that the event needed to be disclosed. There was mutual agreement among those present. Sergeant 0? Reilly discovered that this case (the February 26th narcotics buy) did not result in an arrest or prosecution. However, Sergeant O?Reilly? 3 investigationth revealed that Detective Weathers utilized Ms. Neese as an informant after the February 26th event against other targets that did result 1n arrests and prosecutions. In addition, the event that took place on the 26th was not disclosed by Detective Weathers 1n those cases. Sergeant 0? Reilly reviewed Detective Weathers deposition that was taken on August 18,2016 regarding the two Frank Thomas cases that did result 1n prosecution. In that deposition Detective Weathers never mentioned anything about the event that took place on the 26?? In fact, he said ?she has an exceptional work ethic, and she?s responsible.? Detective Weathers was asked, ?did anything else important happen that we did not discuss?? And the detective answered ?no Detective Weathers was also asked about ?relocation? and/or moving expenses paid to Ms. Neese once she was deactivated. Sergeant O?Reilly found there to be discrepancies in what Detective Weathers said in the deposition and the receipts in Ms. Neese?s con?dential informant packet. To prove the crime of perjury, there must be evidence beyond a reasonable doubt to prove the detective took an oath to speak the truth and while under oath made statements that were false and that he did not believe those statements to be true when he made them. F.S. ?837.02. Here the legal issue is the last portion ?not believing the statements to be true when made.? Detective Weathers quali?es several answers by saying, think? before answering. At one point he even said ?I?m sorry.? I?m just so unprepared.? The language used by Detective Weathers during the deposition, makes it extremely dif?cult, if not impossible, to show the necessary criminal intent required by law. Therefore, based on the information provided to-date, and the law; the evidence provided 13 insuf?cient to support criminal perjury charges. Sergeant 0? Reilly advised that he would provide any additional information that may come in regarding the criminal investigation. However, based upon the review of the information submitted in its entirety, there is a legitimate concern as to Detective Donald Weathers? judgment and truth?ilness. This concern signi?cantly impacts the con?dence of the State Attorney?s Of?ce and its ability to utilize him as a witness in current and future cases. Cc: Stephen B. Russell, State Attorney Amira D. Fox, Chief Assistant State Attorney Richard J. Montecalvo, Deputy Chief Assistant State Attorney HE STATE ATTORNEY TWENTIETH JUDICIAL CIRCUIT POST OFFICE Box 399, FORT MYERS, FLORIDA 33902 FAX: (239) 485-1002 FELONY AGENCY REVIEW DISPOSITION NOTICE SAO WARRANT NO. 2372561 INTAKE ATTORNEY: Anthony W. Kunasek AGENCY: Fort Myers Police Department AGENCY 2017-009 SUBMITTED BY: Sergeant Brian O?Reilly SUSPECT: Donald A. Weathers SAO RECEIVE DATE: 5/24/2017 3:26:30 PM REQUESTED CHARGES Number of Counts: 1 - Agency Review, Perjury, F.S. 837.020), Third Degree Felony SAO DISPOSITION 1. Agency Review Denied: 837.020) Perjury in Of?cial Proceedings Third Degree Felony Insuf?cient Evidence to Prove Beyond Reasonable Doubt If further evidence is developed, please resubmit with reference to above SAO Review No. MCI/de/z (fig g; 20/7 . W. K?nasek ADDITIONAL COMMENTS: Please see attached IVIEMO to ?le.