Office of the State Attorney 10th Judicial Circuit Serving the citizens of Polk, Highlands and Hardee Counties, Florida 1 Police and Sheriff Departments for the 10th Circuit State Agencies who bring cases to the SAO Cities that are Patrolled by the Hardee patrolled by the PCSO County Sheriff Auburndale Police Department Florida Department of Law Enforcement Dundee Police Department Zolfo Springs Police Department Avon Park Police Department Department of Financial Services Bartow Police Department Bowling Green Police Department Fish and Wildlife Conservation Commission Davenport Police Department Florida Highway Patrol Haines City Police Department Department of Transportation Lake Alfred Police Department of Corrections Lake Hamilton Police Department Division of Alcohol and Tobacco Lake Placid Police Department Department of Agriculture Lake Wales Police Department Eagle Lake Police Department Department of Business and Professional Regulations Lakeland Police Department Florida Lottery Fort Meade Police Department Frostproof Police Department Mulberry Police Department Polk City Police Department Sebring Police Department State Fire Marshall Wauchula Police Department Winter Haven Police Department Department of Economic Opportunity 2 Polk County Sheriff's Office CSX Railroad The issues that I have expressed concerns to the city have involved: o Failure of the Lakeland Police Department to comply with the Public Records laws of the state; o Insufficient training and supervision of officers; o Improper and delayed investigations; o Promotion of unqualified personnel; o Improper handling of evidence and poor report writing; 3 The issues that I have expressed concerns to the city have involved: o Improper searches of citizens o Lack of truthfulness by some officers; o Interference by Internal Affairs with a criminal investigation; o The existence of a culture of sexually inappropriate behavior by officers while on duty at the Lakeland Police Department. o The failure of the Lakeland Police Department to properly handle a complaint of sexual battery against one of its own officers. 4 Lakeland Police Department. State vs. Kenneth Barber Transcript - Court Trial CT12-009984-LD "Judge J. Kevin Abdoney" SA13-000035 6 pg 84 of 131 State vs. Kenneth Barber Transcript - Court Trial CT12-009984-LD "Judge J. Kevin Abdoney" SA13-000035 7 pg 85 of 131 State vs. Kenneth Barber Transcript - Court Trial CT12-009984-LD "Judge J. Kevin Abdoney" SA13-000035 8 pg 86 of 131 ill THE EDUHTY DDURT (IF THE TEHTH IN AND FOR FDLH FLORIDA ITATE OF Eu: HIJIIBEH: 2012GT-M91 1D-LI3 en.- Defendant dnyulAunuIt.2n13.nnflu |Jl'|'lrIdaI'Il'I llnlion tn Dllmill. 'I:hl U-nurl hauling Illa - FIHEIIHBIUF FAGT 1. aruuwaral 2. Palluu Dululliuarwaa contacted as 111: nrraaflng nunpautucl alnuhul Iimrulvamanl. 3. Dfl'iuII'--uuI1dLnutad: ufhnvillgihi 4. vlliiulli. E. In In: hyalulu Incluatlnu Iii: flung': pllalu E. B. The Defendant had, under elrniler clrcumetancea. been investigated for DUI several months before thle incident. Dfiioer: had been involved in the prior investigation. In tl1e prior the Defendant hed en attorney who came to LFD. watched tI1e field eobriety exercised, and had pointed otltto the Defendant the video oemeree. hie DUI charge: reaulted from the earlier Investigation. 9. Officer 'at the time efthie wee an eight year veteran of LPD who had advanced training in DUI detection and further we: a certified DRE {Drug Recognition Expert}. 'in. It to urlqueetlonable that the field eobriety exercievee In this call alum recorded. The Gourteleo notea that the book in area would have been a much more oaontrolled environment than in the field. 11. Within date after being released from his erreet for the original DUI offenee. the Defendant returned to the LPD main duel: end requeetead I copy of hie lleid eobriety aiteroleae recorded In the book In area. Upon inquiring he wee told their problem' and that 'he couldn't get a copy'. In the hearing wee about ongoing LPD probieme with public record redtreeta. 12. The Defendant hired an attorney who requeeted dleoovervfrom the Bteteof Florida. 13. In response, the State Indicated the existence of video Defendant': Eititiblt 1} However, the Included DUI report from Dfficer indicated there wee no video tape of the field eohriety eiterciee. 14+ By' the time discovery was received. the original digital image had been deetroyed by a new digital image. 1 5. At d1e hearing on the 21' day ofauguet, Defendant claimed thetet the time of the previous lnveetlgation, that Dffioerj threatened to "get him" {the Defendant} the neitt time and that etthettirne of eecond i the officer reminded the Defendantef their previoue meeting. Dfiieer acknowledged the previous inveetigation and that he had a oonvereetionwith the Defendant but that he had made nothreete. He did indioetethet hetoId'i:he Defendant that if he {the Defendant} continued drinking end driving that the Defendant would get caught. 15. Dfficer 2 testified that he has never obtained a copy ofthe be-oi-I in video for any previoue DUI inveetlgetione which have involved field eohriety LFD boot: in eree. He further teetifledthethe didn't know how to get the video or would be unable to get a oomr himeeif. However. upon further queetionlng he admitted that he could have gotten a copy Image. He eoitnowledged that the DUI report fonn eirnpiy indicetee "vIdeoe" with no qualifier to Indicate "held" or vehicle videoe. 10 LEGAL AHIILTEIE huabafanclant. 55555. Ed. DEA iflfifijwu Ihafirut lanai mu-diflad by fl1Iln1'.ir ms of mnfl% #23 39- 3rd- TEEIFI-L App-2 BM 2509}. uusaathmd. In I ninlliarufnttiarappellatucunn In Flaricln cuurtc haw ah-uugiacl will: this blue. Thu Eauund Diatr-iutcuutafnppaai hare In in Iznnfuliun numufmmiha uariuus nan:-win: Iliumnlwa which hairumurnl:-aruf caurnldaratluns. Thay era: 1. baliavability Dnfundaillft at 2. nuchanlcalfaliura. 5. urwasuridnr which ntrunnly ulngaat itwan lrntaniiunnt. 4. Whether the agency had I p-uiiuy of IJIJI ln . Imra prunrln-ad nupprauing part 51' H15 Stiles' Ividuiua. or 1:1: allow to hear that thi Inuit auidanr.-a would have supp-uriaud the default 1113535: snanuina. which wan: . aubrlety unrualruu. 2. Thu nth: Laluiaml Police 3- an 4. Thai 5. 1 E. Tha flralnunnarn la thatLPD EIUI affluara can nlrnunwanttha vkloutapllin policy by a DUI hvaaflnatinn nttha Italian and ugly; pulling iha bank In vidan thus may are ahla In piulcand chnpaa haw viulau tn:-aafur Iatar uaa. Nu aaqalanallun uthartlnan -nunvaliarnua Ia naurtad ll Imraatinalianwaanat dana in fluafiald. nuunnarnin alaarlyaatalallahlng Etatuta Bactiun Plildl aafullmva: in} A Izmahulian all public Ind hia pr har daalpnaa |ng.gj_ aI:Iu1n-Indatlua f_a_lfl1.aI. raapnnaa lnaludaa rnalsinp aflurtltadatalnina Pram alhar aganay urhafl-mraunh a axiala and. if an. in location mwhlahtha raaurd can be vldaa tapas an in fact nauarad undar Iha Flurh-.Ia fitaluta Boclinn 119.fl1'l Dafinfliurla (12) reads an fulluwa: aralharmahrial. nftha phgralaal in-rrn, ::harautarIaflna,ur maana aI'h-anamlaalm, macla ar racahrad pursuant to larw or or In nannautlm that pf arnaial by any agency. Eauflun 119.11? rand: aafulluwat at Hula 3.22:1. Flurlda Rniaa uf criminal Prnaaclura. lha right as H1-I haala fnrfalling tn flmay Iltipata any aaliun. uaurtl broadly uunatrun flu public': annual: ta auah nannr:-Ia. Fflluratu camplar prauhlultaaffiuflda Elatlflaa I33-uptar 115 (Pull: Flacnrda} um; amajaut Ina paraan Ilia atatulaanr pruuialana ta ariminal ur chill panatliaa. The Llltalancl Pallua In In raunrda raquaata are wall dacaumaniaad. ie tI1e Circuit, thehppetlete Gcurt the vericue ins-clued in title type cf In ccneldering fine' guidance ee tc the cf the "lcet" evidence this Gcurt flnde Ineuflicalent "materially exculpetcrr endthuett wculd he cnly "potentially ueefuI'. the feilure tc 'pa-tentlely ueefuI' evidence lac rice tc :1 due vicleticn the Sec-end cheenred: The term c'.wr.cudjanwnentcI* tempere the rullnu end neweuugeete meyln precluded from any evidence ee tc the field nubri-aty et LPD etlajectef ccureete the Defence cpening the deer. A-ddiflcnelly, thle ruling iecnlyeetc tcprecludethe pretrial nmticntceucludethe end reqceeteuch etcet. The Gcurt DENIES the Mctlen tac Dlemiee end ineteed perflefljr GRANTS eftt1ue*I'ield endteetllnoltyr. Per Rulee cf Prccedune 3.192 the State nee ten [111] deye tc tile in requeetfer rehearing end fifteen 5] day: in file a nctice cf eppeel. DDHE end DRDERED In Dhembere et Leiteiend. Fclir. Dcunty. thle 2013- E. iilrhiend JOHN E. KIRKLAND Dcunty Ccpiee furnlehed tc: Etete Oflice lilchleeli 1 Defendenfe Atlacrney Avirbtittk} Judge McCarthy's Order regarding the Lakeland Police Department. LPD Case #: 2013-012936 Pg 1 of 2 o Charges filed on 7/3/13 by LPD Officer #1 for Aggravated Assault, Culpable Negligence and Injunction for Protection Violation. o Juvenile Trial held on 9/19/13 in front of Judge J. Michael McCarthy. o LPD Officer #2 called as a defense witness. He had responded to the same call as Officer #1 earlier in the day and determined no crime occurred. o The victim described Officer #2 responding to the scene after she reported an altercation with the defendant. Victim testified that Officer #2 did not write a report and that he stated there is no need for that many reports floating around Bartow. He said he would sit in front of victim's house and work on other reports in case the suspect came back. He explained he was the only officer free and everyone 14 else was tied up on a reported shooting. LPD Case #: 2013-012936 Pg 2 of 2 o Officer #2 took the stand for the defense. He testified that he has been an officer for two years. ASA asked if it is customary to write reports when investigating alleged criminal acts. Officer #2 hesitated and asked for the ASA to rephrase the question. The ASA asked what's the department's policy? Officer #2 stated he brought the policy with him. o Officer #2 referred to policy 201.1.3 which is the section about field reporting. The officer pointed out that a report is required only when there is evidence that a crime has been committed, when a crime has been reported, or when a case is initiated by a member or when an officer is otherwise required to do so by law (example: Baker Acts or Domestic Violence). The victim reported a violation of injunction. The ASA pointed out that there was contact and that violation of injunction is a crime, so department policy would have dictated writing a report. The officer hesitated and said it is a gray area in their policy. o ASA has never had an officer walk in to court with a policy manual and attributed his not writing a report to inexperience. o The Judge found the defendant not guilty. Judge McCarthy stated there is directly opposing testimony and he didn't find ANY of the witnesses credible for either15 side. Judge James A. Yancey First Appearance of Derrick McGary October 27, 2013 "I don't have an affidavit up here to tell me what's going on, which, oh well, it's probably because it's the Lakeland Police Department..." 16 DFFICE OF THE STATE TENTH IUDICIAL CIRCUIT Jerry Hill, STATE ATTORNEY CLERK WADE A. WARREN DATE: MICHAEL RICKEREDN 2:22.210? .2 0.4.22 LKPD 2012222223 FILING or-c. -- PROSECIHION DECISION: (ERIK) UN UR. EEFDRE DECLINE TO MIEDEMEANDR FILE, REDUCED TD IHHSDEIHIEANDR THANK YDU, INTAKE ASA. 1] DRIVING LJCIEIVISE REVDKED (HABITUAL UFFEIWDERKDQAPPHCABLE (1212 2) IEAVING SCENE DF CIRABH INVCILVING DALIAGE nmca THE gram ATTORNEY Tm~r1'H ILIDICIAL EIRCLIIT Jury Hm, STATE CLERK CFI2-0119936-E A. DATE: flfifl mmfi DEFENDANT: DAVID IHHCHAEL RICKERSDN AGEIQCY alt CASE 2012-DEERE om PRQEECIIHDH DECISIUN: IIEFER ON OIL BEFORE 0501'] PLEASE EEFDRE nacmm 11: magma-..unn11 FILE, TD HISDEMEAHIZJ-R puul::t{fiJ1] rcpurta THANK TUU, IHITAIEE ASA 1} LICENSE REVUICED STATUTORY 2} LEMIFDJG OF CRASH DALLEGE DFFICE DF THE STATE JUDICIAL CIRCUIT JERRY HILL, STATE CLERK CF12-009936-EX ASA: WADE A. WARREN fl1J'l'HJ'2fll3 CASE FILING EVALUATIGN DEFENDANT: DAVID MICHAEL RICKERSDN DUB: WM DRIVING LICENSE REVUKED HIABITUAL STAIITIURY EXCEPTIUN3) 2) LEAVING SCEINIE UF CRASH HQVULVING DALIAGE AGENCY 3: CASE LICPD 2012-U223 3 1mm aamzr: PRUSECLTIIDN DECISIUN: FILE DECLINE ND BILL DEFER. If PLEASE RETURN THIS SHEET WITH THE REQUESTED IIHWDRIVIATIDN DH CI-R BEFDRE FILE, REDUCED T0 A.-zlhavenu YOU INTAKE ASA DFFI-CE OF THE STATE TENTT-I JUDICIAL JeI1'_1r Hill], STATE CLERK CF13-flfiflfilfi-IX wma A. wannmq man: CAMPBELL AGENCY CASE mm: DE-T-- DECISION: IIEFER SHEET REQUESTED DH CIR BEFORE DECILDIE TU IVHSDEHIEAHDR FILE, REDUCED TD IHESDEMEANDIL Grady. Haveher Didshahavafi'aeacu::ess tnthatruun1'? THANK. YOU, INTAKE ASA. CHARGES): 1} rossassrun or AhmE 2} or DRUG OFFICE OF THE STATE TENTH JUDICIAL CIRCUIT JERRY HILL, STATE CLERK CF13-000913-EDE INTAKE ASA: A. 9553 FILING EVALUATIQH DEFENDANT: MICHAEL CAMPBELL MASTIN DUB: WM CHARGES): 1) POSSESSION GF 2) PGSEESSIDN DF DRUG AGENCY at CASE LKPD 2013-M2016 Fm A PRDSECU TION DECISION: 1 DEFER. PLEASE RETURN SHEET WITH THE REQUESTED UN DR. EEFDRE (DATE). DECLINE TD FILE, REDUCED TD CDDEJ82 CU flzmucrunainingcanas. YDU MM. INTAKE ASA UFFICE UF TI-IE STATE ATTORNEY TENTH JUDICIAL CIRCUIT JERRY HILL, STATE ATTDRIJEY CLERK. ABA: WADE A. WARREN CASE EVALUATI DEFENDANT: ARTHUR JAMES TAIJIJADGE DUE: WM 1} PDSSESEIDN DF hE AhflNE 2} PDSEESEIDN DF DRUG PARAPIIERNAIJA AGENCY CASE LKPD mm" PRDSECIITIDN DECISIDN: DEFER on on EEFEIRE DECLINE TD FILE, REDUCED TO CEIIHIIMIENT: againsthim. THANK YDU INTAKE ASA OFFICE OF THE STATE TENTH CIRCUIT JERRY HILL, STATE ATTORNEY CF13-000943-XX ASA: A. WARREN BZIQTEBIE TDNYA MARIE non: 11r19r195~u WF 1) PDSSESSIO-N OF MEETHAMPI-IETAMJIQE 2) PCSSESSIC-N CF DRUG PARAPI-IERNAIJA AGENCY CASE LKPD 2013-DDZIJIE PRDSECIHTCN DECISICIN: PIEASERETUENTPEE UN BEFORE (DATE). DECLINE 1 FILE. REDUCED 1 flgainsthim. YOU JIKITAKEASJUI. savanna an-<