Florida
Police Brutality and Police Misconduct
Page
4
11/16/2005
- A jury on Tuesday convicted an Orange County deputy sheriff of six
theft counts in connection with $23,000 she received by mistake when
she was called for National Guard duty before the Iraq invasion in 2003.
Orange County Deputy Sheriff Tawanda McNeil, indicted on federal
embezzlement charges in September, sat in silence in Orlando's federal
courthouse while listening to the verdict. Jurors took nearly three
hours after a two-day trial to find McNeil guilty of pocketing $8,291.
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06/13/2005 - A grand jury indicted a Lake Worth police officer
Wednesday on four charges, including falsifying a police report and
official misconduct.
Authorities released few details of the
case against Officer Jose Pina, 33. The charges stem from a March 21
chase, said Pina's lawyer, Anthony Livoti Jr. of Fort Lauderdale.
Livoti is the senior staff attorney for the Fraternal Order of Police.
"The
case is coming out of a pursuit where the state attorney did not file
charges against the person they were pursuing, even though he was
involved in a robbery, fleeing from a police officer and in possession
of crack cocaine," Livoti said. "I guess in Lake Worth it's OK to rob
people, flee a police officer and possess crack cocaine ... if you
accuse an officer of something."
The grand jury declined to
indict Officer Gregory Albanese in connection with the same incident,
said Paul Zacks, chief assistant state attorney.
In a prepared
statement, Lake Worth police would only say that Pina has been with the
agency since May 2004. On April 14, he was placed on administrative
leave.
Livoti said Pina is a highly decorated, 11-year veteran
of the New York Police Department. He moved to South Florida to be
closer to family.
As a policy, the Palm Beach County State
Attorney's Office takes cases involving police misconduct to the grand
jury, Zacks said.
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06/13/2005 - A former Palm Beach County deputy sentenced to life in
prison will be eligible for parole in 25 years. That was the law in
1993 when Gervasio "Julio" Torres allegedly molested three boys.
A
judge has sentenced him to life in prison for allegedly having sex with
young boys he met at the sheriff's office youth training program. A
jury convicted the 35-year-old earlier this year.
Torres claims
he's not guilty and didn't say why three boys, now men, would sit
before a jury detailing sexual acts they say occurred years ago. A
prosecutor also asked for a trial date for another molestation case
against Torres.
Torres' defense attorneys pointed out
inconsistencies in the men's accounts. They also questioned the motives
of the sheriff's detectives who investigated Torres.
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06/13/2005 -
Somewhere along the wide, palm-lined streets just north of Naples,
Felipe Santos vanished.
He disappeared without warning on a Tuesday morning, on his way to
work.
Santos
and two of his brothers were driving to a construction job, about 6:30
a.m., when his white Ford struck another car beside the Green Tree
Shopping Center.
Damage was minor. No one was hurt.
A
Collier County deputy arrived at the scene and wrote up Santos for
driving without a license, not having insurance and careless driving.
The
deputy put Santos in a patrol car and drove away. Later that day,
Santos' construction foreman contacted the Collier County jail so his
brothers could bail him out.
But Santos wasn't in the jail. He never had been.
The deputy would later say he never arrested Santos, that he decided
instead to drive him to a Circle K store and let him go.
That was more than a year ago, on Oct. 14, 2003, and Santos' family has
not seen him since.
Months later, a lawyer from St. Petersburg named Linda Friedman Ramirez
started looking into the case, trying to figure why a grown man with a
young family would simply disappear. At a loss, she went to the
Internet and typed in the name of the deputy, "Steven Calkins."
Instead of finding answers, she stumbled onto a deeper mystery.
============
3/25/2005
- A Key West weekly newspaper publisher who was arrested for reporting
details of a complaint he filed against a local police officer may
proceed with his civil suit against the city, a federal appeals court
in Atlanta ruled Tuesday.
The U.S. Court of Appeals (11th Cir.) held that a Florida law
prohibiting leaks by any participant in an internal police
investigation, including the person who filed the complaint, violates
the First Amendment.
By "proscribing speech critical of government officials, [the law]
purports to regulate speech which 'lies near the core of the First
Amendment' without a compelling justification for doing so," Judge
Stanley F. Birch Jr. wrote for the three-judge panel.
Dennis Reeves Cooper, editor and publisher of Key West The Newspaper,
published a series of articles in May and June 2001, claiming that Key
West Police investigator Robert Christensen failed to investigate a
citizen's complaint of perjury against another police officer. As a
result of the information he gathered, Cooper subsequently filed his
own complaint against Christensen with the Florida Department of Law
Enforcement. The department notified Cooper that it had instructed Key
West's then-Police Chief Gordon Dillon to look into the matter and
report back within 45 days.
In June 2001, Christensen reported in his newspaper that he had filed a
complaint against Christensen and that the department had given Dillon
45 days to investigate it. One week later, Cooper published a
commentary recounting his allegations against Christensen and urging
Dillon to "tell the truth . . . and let the chips fall where they may."
That same day, Dillon obtained a warrant for Cooper's arrest for
allegedly violating Florida law chapter 112533(4), by naming
Christensen as the target of the investigation and stating that Dillon
had 45 days to respond to the department.
The law makes it a misdemeanor for anyone who participates in a law
enforcement agency's internal investigation to disclose any information
learned as a result of the investigation before it becomes public
record. With the help of the Florida chapter of the American Civil
Liberties Union, Cooper sued Dillon for enforcing the law, claiming it
imposed an unconstitutional prior restraint on his speech.
A federal district judge dismissed Cooper's suit in February, finding
that the statute was content-neutral and not unconstitutional. Cooper
appealed to the Eleventh Circuit.
The appeals court ruled that the statute was not a prior restraint
because it "did not silence Cooper before he could speak." Rather, the
law aimed to stifle a particular kind of speech, pertaining to "pending
investigations of law enforcement officers," the court ruled. As a
content-based restriction on speech, the law therefore had to be
narrowly tailored to promote a compelling government interest.
The court found that the three state interests cited by Dillon --
shielding witnesses from influential information, protecting the
reputations of wrongfully accused officers, and preserving the privacy
interests of the participants in the investigation -- were not
sufficiently "compelling" to justify the law's infringement on free
speech. Because it deemed the law unconstitutional, the court declined
to analyze whether the statute was narrowly tailored.
The court determined that through Dillon's actions, the city of Key
West had adopted a policy that deprived Cooper of his constitutional
rights and is therefore liable to Cooper under federal law.
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