Making the Case for Body-Worn Cameras

I have repeatedly recommended the adoption of body-worn cameras for law enforcement. It’s a win-win situation. There’s never a problem of having too much evidence. Having active cameras can only help get to the truth for police-citizen encounters. The body cameras cut both ways, and do not favor a party who’s statement does not line up with the video… the video favors facts.

Body worn cameras would be beneficial in the recent Los Angeles shooting of Dijon Kizzee. L.A. deputies claim that he dropped a firearm and was picking it up when they shot him. However, they did not have body cameras. The only video was earlier by someone with a camera phone and that footage only shows Kizzee running away. We don’t know what happened that led up to the moment of the shooting, and if deputies had bodycams, that might have given us an answer. It certainly would be beneficial to the Sheriff’s Department if they had body cameras that showed Mr. Kizzee reaching for the weapon. Departments have resisted using body cameras when so often, when the officers are acting appropriately, the cameras would be for their protection. Admittedly, there are flaws: the cameras don’t catch everything, but that’s not a reason not to try to get video.

Sarasota is considering body cameras for their police force. One of the concerns is the expense. The Herald-Tribune ran this editorial last week, arguing that the cost is worth it to acquire body cams. The editorial also ran here in Fort Myers the other day- Fort Myers and Cape Coral do issue body cameras, though the Lee County Sheriff’s Office has not. The Charlotte County Sheriff has recently reconsidered his stance, and will now be seeking body cameras for his department. I applaud this decision and encourage other law enforcement agencies to join CCSO, FMPD, CCPD and many others in outfitting their officers with this important equipment.

Again, be sure to check out the editorial: https://www.heraldtribune.com/story/opinion/editorials/2020/09/15/police-use-force-can-lessened-body-cameras-if-done-right/5790554002/

Sarasota Police try to Charge an Attorney Defending Her Client

Sarasota defense attorney, and friend of the firm, Varinia Van Ness had criminal charges sought by the Sarasota Police against her for her representation of her client. The mere fact that officers would even consider trying to charge a defense attorney for zealously doing her job is shocking. It’s petty, retaliatory, and an affront to our adversarial system of justice. Fortunately, the officer’s multiple attempts to file charges were rebuffed by cooler heads.

Attorney Varinia Van Ness, via
http://www.vannesslawgroup.com/

It started when two Sarasota detectives sought to serve search warrants on Ms. Van Ness’ client and his phone. The parties agreed to meet at Van Ness’ office but about 10 minutes into the meeting, it was revealed that a Detective Derek Galbraith had activated a recording device without notifying Ms. Van Ness. When she found out, she insisted he either terminate the recording, or to leave the office. He declined to turn it off, but he also declined to leave the office. She indicated he was trespassing, but he still wouldn’t leave and Van Ness eventually called 911 to get him to leave.

After detectives left, they tried to serve the warrants again at the client’s work, at his brother’s house, and even at his ex-girlfriend’s home. Van Ness and her client agreed to meet at the police department. When the Detectives read the phone warrant, a spelling error was noticed in the client’s name, and Van Ness and her client left the room, though they ultimately did submit a DNA sample. Later that day, Detective Dan Riley from the Sarasota PD requested that a warrant be issued for the arrest of attorney Van Ness for obstruction of justice.

Fortunately, the warrant was never issued. It was submitted to a judge who recognized that the case involved a defense attorney doing her job, which would be a valid challenge to the warrant. He said it would have to be reviewed the State Attorneys office to see if formal charges were warranted. Sarasota PD didn’t give up, and submitted the warrant request to the State Attorney’s office. The local SAO had a conflict of interest, and the case was reassigned to the 20th Judicial Circuit SAO, who also declined to file charges. Sarasota PD took one more shot, submitting the case to FDLE, who also declined to pursue charges. The case was reviewed by three separate independent judges/agencies, who all agreed there was no merit to bringing charges.

This type of attack on an attorney is shocking and very problematic to the justice system. Ultimately, the fear would be that if cops can go charge an attorney for advocating for their clients, the chilling affect on the job of defense attorneys would harm our criminal justice system and is an affront to the Constitutional protection to the right to be represented by an attorney. The Sixth Amendment guarantees the right to assistance of counsel, and it applies at every level of a criminal investigation.

It’s rare that law enforcement would seek to charge an attorney for advocacy in the normal course of their work. Usually, it takes something really egregious, the Paul Bergrin case in New Jersey springs to mind, where he assisted gangsters placing hits against witnesses. Only something extreme that goes beyond advocacy should even be considered, and even then, it should be reviewed by attorneys before being submitted for a warrant.

Asking a Detective to leave your office because they recorded you without permission is not obstruction of justice. Declining to have your client turn over his phone password when his name is spelled wrong on the warrant is not obstruction of justice. That’s advocacy. Zealous advocates like Varinia Van Ness are the first check against government overreach and the primary protection of individual Constitutional rights. We are lucky to have defense attorneys like Varinia.

via Sarasota Herald-Tribune

Candidate who Faked her Diploma Dropped Out of Congressional Race

Melissa Howard

Melissa Howard, who was embarrassingly caught in a series of lies about her education after the diploma she posed with turned out to be fabricated, dropped out of her congressional race in Sarasota. After getting caught in her lie, she doubled down, only to relent and admit that she did not graduate from Miami University in Oxford, OH. However, last Tuesday she changed course and withdrew from the race. It would have been interesting has she stayed in the primary, as many absentee ballots would have already been mailed in. Zac Anderson provides a good top-to-bottom rundown of the bizarre saga, and it sounds like political pressure finally convinced Howard to drop out. Ironically, it probably would not have mattered much if she had just fessed up in the beginning. The cover-up is almost always worse than the original crime.

A Sarasota Congressional Candidate Apparently Fabricated her College Degree

Melissa Howard

In a contentious Republican primary in Sarasota, there have been several accusations of dishonesty against candidate Melissa Howard. The latest was that she had not graduated with a degree from her undergrad, Miami University in Ohio. [Full disclosure, that’s where I went to undergrad.] Howard disputed the claim, and called it false news, and provided an alleged photo from graduation. Of note, her campaign changed the date of her supposed graduation from 1994 to 1996. She proceeded to claim a few days later that she had flown to her parents home to collect her diploma that she says her mother had been keeping in a storage unit. To finally convince everyone that she had graduated, she posted a picture of herself with a Miami University diploma from 1996, declaring that Melissa Marie Fox, her maiden name, had received a degree in marketing. FlaNews took down their report, and she called on her opponent to ‘stop the lies‘. But the story didn’t stop there.

 

The Howard campaign took some of the graduation claims down from her web page on Friday, and FlaNews continued to dig. The University confirmed that Howard had not received a degree in ’94 or ’96, and that the diploma did not appear legitimate. FlaNews reposted their story with more… Miami University does not have a degree in marketing: had she majored in marketing, it would have been a bachelor’s of science in business. Also, the dean whose signature appears on the diploma is not the correct dean, suggesting that the diploma had been fabricated.

Howard has been silent since the latest story was posted, and her campaign adviser says she is dealing with a medical issue with her husband. At this point, it’s hard to even take her word for that. I did not know her from my time at Miami, but I was several years behind, and it’s a bigger school than most realize. Her time there also likely overlapped with House Speaker Paul Ryan, who graduated in 1992. Fortunately for her party, this all came out before the primary, and the other candidate will likely get to ride the truth into the general election.

***UPDATE***

I found a LinkedIn profile that appears to be hers, where she indicates she studied at Miami from 1990-94, and then took a job in Chicago after 1994. It’s possible she was just a credit short, and earned a credit to fix it up while she was working as a merchandiser in Chicago… but, it’s suspicious to say the least. I bet she comes out with a statement this week withdrawing, and apologizing saying she was really close but never finished the graduation requirements…

Friday Fun from Florida: Gator Stolen

The Stolen Gator

A Sarasota resident was surprised when an Alligator wandered into his yard. He didn’t need to be scared, because the gator’s mouth was already taped up. It appears the gator had recently been trapped, but that the gator had then been stolen. I guess the thief ended up with a little more than he bargained for!

via NBC-2

My Thoughts on the Baby Chance Investigation

I spoke with Fox4 in Fort Myers the other day with some thoughts on the investigation to the missing infant from North Port, and the challenges the prosecutors will face in proving a case against the parents.

North Port parents Joseph Walsh and Kristen Bury

So far, the parents have been charged with Child Neglect, but investigators will certainly continue their investigation to see if more charges are appropriate. They may decide to file homicide charges if the determine Baby Chance was killed: but they have a proof problem not only proving who is responsible for the death, but that the child is even deceased. The parents will be extradited soon to return to Florida on the Neglect charges.

There are a lot of parallels between this case and the Casey Anthony case that went to trial a few years ago. While she was charged before they found a body, even after they found a body, she was acquitted at trial. It’s too early to tell what will happen here, as we don’t even know what happened to the Baby Chance.

The story on Fox4: http://www.scrippsmedia.com/fox4now/news/Attorney-sheds-light-on-investigation-into-the-disappearance-of-baby-Chance-331846751.html

Watch for me on Fox4 News Tonight at 10 p.m.

North Port parents Joseph Walsh and Kristen Bury

I spoke with Fox4 News this afternoon for a story she is working on regarding the mysterious disappearance of a 9-week old baby from North Port. Specifically, we talked about how the challenges of the case, and how hard to prosecute the case if there is only circumstantial evidence… especially if the State decides to pursue homicide charges, though no body has been found at this time. So far, they have only been charged with child neglect, but that is very much subject to change as more evidence comes in, and the prosecutor reviews the case. It is a terrible tragic case that will likely be a major story for some time to come.

Here’s the Fox4 Website: http://www.scrippsmedia.com/fox4now

Man Falls Asleep While Burglarizing Sarasota Home

Timothy Bontrager

29-year-old Timothy Bontrager is the next in a new wave of crime, the sleeping burglar. He broke in a house, and the homeowner got up in the morning, and found him sleeping on the couch. It’s not a burglary to sleep on someone’s couch. Unfortunately Bontrager also took the victim’s wallet and some other items, so he’s facing felony charges.  This is the second publicized case of Sleep-Burgling in the last few months, both in Florida, natch.

I should clarify, it is still against the law to break into someone’s home, even if you are only going to sleep. The offense of Burglary includes the intent to commit another offense while in the home/structure/vehicle. This guys intent was pretty clear, since he walked off with the homeowner’s property!

Earlier: https://crimcourts.wordpress.com/2014/09/15/burglar-caught-sleeping-on-the-job-literally/

Dion Davis, another recent Sleep Burglar

Burglar Caught Sleeping on the Job – Literally!

Dion Davis, the Sleeping Burglar

Dion Davis must have worn himself out breaking into a Nokomis, Florida, home. The cleaning lady found him sleeping, next to a bag of jewelry he had looted from the home, and called police. He was still out cold when deputies arrived, and they were able to take a picture of him asleep on the victim’s bed, booty lying next to him.

Dion Davis

Sounds like he was high, probably on an opiate or other depressant. That’s not going to be a legal defense to the Burglary of a Dwelling and Theft charges he’ll be facing.

I recently questioned a local deputy who testified that there were no cameras available for him to take pictures when he was called out to investigate. It’s a shame, he could end up missing out on the best evidence photo, ever.

Fishermen Pull 10-foot Alligator Out of Gulf of Mexico

Don’t Molest Gators!

Some men fishing from a Sarasota pier saw a gator in the surf, and pulled him out before authorities could get to the scene. They could be facing charges, it is illegal to take, feed, bother or otherwise molest a gator in Florida, even one in the ocean (it’s not unusual for gators to take a swim- they don’t mind the salt.)

Remember, if a nuisance alligator seems threatening, call FWC!

Captured Gator, via WFLA

via NBC-2 : http://www.nbc-2.com/story/26482685/10-foot-alligator-caught-in-gulf-waters-off-venice-charges-possible#.VA_UjfmwKRo