Office of the State Attorney 10th Judicial Circuit

Office of the State Attorney 10th Judicial Circuit
Serving the citizens of Polk, Highlands and Hardee Counties, Florida
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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
Department of Business and
Professional Regulations
Lakeland Police Department
Florida Lottery
Eagle Lake Police
Department
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
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Polk County Sheriff’s Office
CSX Railroad
The issues that I have expressed concerns to the city have involved:
• Failure of the Lakeland Police Department to comply
with the Public Records laws of the state;
• Insufficient training and supervision of officers;
• Improper and delayed investigations;
• Promotion of unqualified personnel;
• Improper handling of evidence and poor report writing;
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The issues that I have expressed concerns to the city have involved:
• Improper searches of citizens
• Lack of truthfulness by some officers;
• Interference by Internal Affairs with a criminal investigation;
• The existence of a culture of sexually inappropriate behavior
by officers while on duty at the Lakeland Police Department.
• The failure of the Lakeland Police Department to properly
handle a complaint of sexual battery against one of its own
officers.
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What the judges are saying about the
Lakeland Police Department.
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State vs. Kenneth Barber
Transcript – Court Trial CT12-009984-LD
“Judge J. Kevin Abdoney”
SA13-000035
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pg 84 of 131
State vs. Kenneth Barber
Transcript – Court Trial CT12-009984-LD
“Judge J. Kevin Abdoney”
SA13-000035
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pg 85 of 131
State vs. Kenneth Barber
Transcript – Court Trial CT12-009984-LD
“Judge J. Kevin Abdoney”
SA13-000035
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pg 86 of 131
Pg 1 of 5
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Pg 5 of 5
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Judge McCarthy’s Order regarding the Lakeland Police Department.
LPD Case #: 2013-012936
Pg 1 of 2
• Charges filed on 7/3/13 by LPD Officer #1 for Aggravated Assault,
Culpable Negligence and Injunction for Protection Violation.
• Juvenile Trial held on 9/19/13 in front of Judge J. Michael McCarthy.
• 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.
• 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
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else was tied up on a reported shooting.
LPD Case #: 2013-012936
Pg 2 of 2
• 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.
• 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.
• ASA has never had an officer walk in to court with a policy manual and attributed
his not writing a report to inexperience.
• 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…”
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Pg 2 of 327
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Additional Felony cases SAO had to dismiss as felonies because of
LPD’s failure to provide required documents pg 1 of 2
Case Number
Date Dismissed
FA12-002646-CA
1/08/13
Defendant’s Name
Brogdon
Charges
Uttering a Forged Instrument
Grand Theft
FA12-002769-CA
1/24/13
Holaway
Forgery
Uttering a Forgery
Criminal Use of Personal IDInformation
Petit Theft
FA13-002900-CA
1/03/13
McFee
Driving Under the Influence
(4th Offense)
Driving While License
Suspended/Revoked
FA12002969-CA
1/31/13
Melton
Felony Battery
(Great Bodily Harm)
Grand Theft
FA12-002968-CA
1/31/13
Jordan
Felony Battery
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Additional Felony cases SAO had to dismiss as felonies because of
LPD’s failure to provide required documents pg 2 of 2
Case Number
Date Dismissed
FA12-003161-CA
2/07/13
Defendant’s Name
Brown, Jr.
Charges
Felony Battery (2 counts)
FA13-000031-CA
2/12/13
Battles
Aggravated Battery (Deadly Weapon)
FA13-001136-CA
7/26/13
Whitehead
Felony Petit Theft
FA13-001140-CA
7/26/13
Lawler
Felony Retail Theft
Causing Minor to Become
Delinquent
FA13-001427-CA
9/24/13
Metcalfe III
DUI with Serious Bodily Injury
to Another
Felony DUI Injury to Property
or Person
DUI
Driving While License
Suspended / Revoked
FA13-001842-CA
10/17/13
Mallett
Aggravated Assault
(Deadly Weapon)
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Case # TT13-003472
Def: Demetrius Morris
On 5/2/13 Morris was written a criminal citation for DWLSR with
Knowledge by Officer Emma Molina.
On 9/6/13 ASA requested via email a probable cause affidavit from
the officer or the case would be dropped. Officer Molina replied that
it is not a policy of the Lakeland Police Department to write an event
report on criminal citations.
The case was Nolle Prossed on 9/9/13 after the ASA did not receive
the requested report from LPD.
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Case # TT13-004802
Def: Deshekia Silas
On 6/18/13 Silas was written a criminal citation for DWLSR with
Knowledge by Officer Dennis Mosser.
On 9/20/13 ASA Nutter requested via email a probable cause affidavit
from the officer of the case would be dropped. Officer Mosser did not
reply to the request and the case was Nolle Prossed on 9/25/13.
Case #TT13-006072
Def: Deshekia Silas (Same def. as above)
On 8/6/13 Silas was written a criminal citation for DWLSR with
Knowledge by Officer George Anthony.
On 9/12/13 ASA Nutter requested via email a report to accompany the
citation. Officer Anthony did not respond to the request and the case was
Nolle Prossed on 9/24/13.
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State v. Anglin, CF13-001672-XX
The Defendant was arrested by the Lakeland Police
Department; subsequently, an Information was filed charging
the Defendant with Possession of Cocaine. The Criminal
Punishment Code Guidelines sentence for this Defendant was
28.5 months incarceration. On November 7, 2013, the
assigned ASA confirmed with the Lakeland Police Court
Liaison that the required LPD witnesses were available for
trial. The State informed the Court the case was ready for
trial. On the morning jury selection was to begin, the State
was informed that the required officers, though served with
subpoenas, were unavailable for trial. Based on the fact that
the officers were not going to appear for trial, the State
entered into a plea agreement wherein the defendant will
serve only 18 months of incarceration.
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State v. Johnson, CF12-004023-XX
In this case, the defendant was arrested by the Lakeland Police
Department and subsequently charged by Information with
Domestic Battery by Strangulation, Possession of a Firearm by a
Convicted Felon, Resisting Officers with Force while Armed with a
Firearm, and Attempted First Degree Murder of a Law Enforcement
Officer. The Felony Trial Division analyzed the case and
determined we would not be resolving the matter for less than the
10 year mandatory minimum sentence supported by the charges
filed. The case was set for trial and witnesses served with
subpoenas, including several Lakeland Police officers. On the
morning of trial, our office was informed several of the officers
served with subpoenas were in a week long SWAT Competition and
unavailable. Based on the fact that the officers were not going to
appear for trial, the State entered into a plea agreement wherein the
defendant would serve only 5 years of incarceration.
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Recent child neglect case investigated by LPD
Last month in Lakeland, concerned citizen observed two young
children (3 & 8 yoa); one was outside a vehicle in the Dollar General
store parking lot and the other was inside the vehicle. Upon closer
inspection, the citizen saw a woman slumped over the steering
wheel. 911 was called and paramedics and law enforcement
arrived. The female was close to death but was revived; paramedics
later stated she had ingested fentanyl. While investigating, the LPD
sergeant forgot to get the name of the concerned citizen. After
multiple requests, we still do not have this woman’s name. Basic
things are not being done and cases are being impacted.
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ADDITIONAL LPD DUI PROBLEMS
State v. Robert Coots
July 2013
Two separate written accounts of the arrest were submitted by the
LPD officer. In describing how the defendant performed on the field
sobriety exercises, the officer provided two different versions of the
defendant’s actions.
At a hearing, the LPD officer could not explain why the facts of the
case as described in the report he submitted to the SAO differed from
the report on his computer (which was also the report he used during
the hearing).
The officer submitted contradictory reports and was not prepared to
provide testimony at the hearing.
The SAO had to dismiss the case because of the inconsistencies of the
officer.
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ADDITIONAL LPD DUI PROBLEMS
State v. Bosko
Motion to Suppress Testimony
August 27, 2013
LPD Officer #1:
Testified that when he arrived
on scene, the keys were in the
ignition.
LPD Officer #2:
Testified that when he arrived
on scene, the keys were in the
ignition. Report also indicated
that keys were in the ignition.
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ADDITIONAL LPD DUI PROBLEMS
State v. Charles Brinson
Motion to Suppress Testimony
November 21, 2013
LPD Officer submitted two different reports on separate dates alleging conflicting
facts about the same case.
Report #1 The officer observed the defendant to be swaying
and unsteady.
Report #2 The officer did not observe the defendant on his
feet, instead, the officer reported that the defendant
was on a backboard. At the hearing, the officer had
no recollection of completing the second report.
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Report dated September 6
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Report dated October 22 by same officer about same arrest
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GRAND JURY FOLLOW-UP
LPD still not complying with the public records law
On December 9, 2013, a SAO investigator called LPD records
to request a report on a case she was investigating. The
investigator requested that the LPD records clerk email a copy
of the report to her.
In a clear violation of the law, the LPD clerk informed my
office that the records request must be submitted in writing,
as directed by her supervisor.
When the SAO investigator notified the clerk’s supervisor,
instead of being appreciative the problem was brought to her
attention, she became very defensive and made excuses.
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UNNECESSARY CONTINUANCES BECAUSE OF
MISREPRESENTATION BY LPD OFFICER
JUSTICE DELAYED
On December 2, 2013, my office was prepared to go forward with a jury trial
on an LPD case with a charge of Aggravated Battery. The victim, a Lakeland
resident, will have to wait longer for the case to be resolved.
My office was informed by LPD that one of its officers had to undergo
emergency surgery. We informed the judge of this information and the case
was taken off of the trial docket and delayed until a date in the future.
After the case was continued, the SAO learned that the LPD officer did not
have emergency surgery. The continuance of the trial was granted
unnecessarily.
As officers of the court, we were obligated to inform the judge about what
happened. The Lakeland resident will now wait until at least January for his
case to be resolved.
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State vs. Footman
Attempted Murder
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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
Department of Business and
Professional Regulations
Lakeland Police Department
Florida Lottery
Eagle Lake Police
Department
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
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Polk County Sheriff’s Office
CSX Railroad
Office of the State Attorney 10th Judicial Circuit
Serving the citizens of Polk, Highlands and Hardee Counties, Florida
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