Tag Archives: freeh

The FMPD Officer Investigation Continues to Evolve with new Details

fmpd

Fort Myers Police Department

WINK has done some follow-up reporting about the continuing situation with FMPD officers that were suspended after the Freeh Group audit after new details were divulged a few weeks ago. First, WINK has reported that the four officers were subpoenaed to testify before a federal grand jury related to the investigation. None of the officers appeared, which is not surprising as any of their attorneys would have declined to allow them to testify under those circumstances. WINK spoke to Captain Perry’s attorney who said as much, and said that he could not let his client testify when he wasn’t sure any details of the investigation. It was mentioned that the officers received letters, which sounds like they may have been target letters: suggesting they were personally being investigated.

Second, that WINK article included an interview with former acting Chief Eads, who ran the department when the investigation got underway. Eads states that during his time in charge that he did not have any facts presented to him that were actionable. Ultimately, the four officers were suspended when the new chief received the Freeh Group report, and the redacted pages that still have not become public knowledge.

These reports, and those we discussed here before, suggest that the investigation of the officers is intertwined with the federal charges against accused drug trafficker Robert Ward, and to federal informants that were murdered. Ward is accused of murder for his involvement in the death of Kristopher Smith, and the murder of Victor Johnson appears to be related, as well. Detective Matt Sellers, the retired FMPD homicide detective, handled the investigation into the murder of Kristopher Smith. He went on WINK and stated that not only does he believe that the officers were not involved with that murder, but that he has also presented evidence that exonerates them to investigators. That means the Chief at the time, and the lead investigator, are both on record saying that they are unaware of any wrongdoing or connection between these officers and the Smith murder.

The city, the FBI, and other law enforcement agencies do not have to release information related to ongoing investigations. It may be years before the public finds out what was really going on at FMPD. The upcoming trial of Robert Ward, who is headed to federal court in Orlando may shed some light on why FMPD suspended the officers. Three of the officers have retired, but one remains on paid leave… three years after the suspensions were handed down. The leave for the officers has totaled over $200,000 and counting, and stands as an expensive unanswered question that even city leaders may be in the dark.

In other FMPD news, more details from the discovery in the case of former Captain Jay Rodriguez have been released. Also, it appears the state is considering additional charges for making a false report (no additional charges have been filed, it’s still in an investigation phase.) Rodriguez filed a report prior to release of the prostitution video that local activist Anthony Thomas tried to extort him for money or he would release the video. Thomas denies the extortion claim, which is now the basis for the false report allegation. Thomas later published the video on Facebook. The alleged extortion attempt supposedly took place when Thomas confronted Rodriguez outside a city council meeting, but there do not appear to be any witnesses. This type of charge is difficult to prove, because it is entirely he said/she said.

Finally, several FMPD officers are under investigation for an altercation that occurred off-duty at a Cape Coral bar the Dixie Roadhouse. Three officers have been placed on administrative leave pending the ongoing investigation. Apparently, the alleged victim was struck in the head with a beer bottle, and the incident was captured on video, which may become public down the road.

Fort Myers Pays Nate Allen $440,000 for Wrongful Arrest

nate allen

Nate Allen

The city council yesterday finalized a settlement of nearly a half-a-million dollars for NFL player Nate Allen for his wrongful arrest. (While he was detained, and ultimately released without a formal arrest, it was easily a ‘de facto arrest’ due to time and totality of the circumstances.) It was enough to make the news, especially since he is a professional football player. Even though he was released that day, the suit was worth a lot more because of the demonstrable negative effects it had on his NFL contract situation. Worse, the FMPD chief at the time, Doug Baker, was caught lying in the investigation into the cover-up, leading ultimately to his termination. The entire incident was a black eye on the city. To the council’s credit, they recognized the wrongdoing, and have repeatedly apologized. Neither the chief, nor the detective on the case are still with the city. Sawyer Smith handled the case for Allen, and tells me he is as nice a guy you could ever meet.

Sadly, the lessons are still being learned. Just a few months ago I encountered a case where the FMPD utilized the same faulty show-up procedure to identify someone, in spite of the pending lawsuit. The state ended up dropping the case. Meanwhile, the 2-year anniversary of Zombie-con has passed with no arrests, charges, or even named suspects. And just last week, more details have come out about the officers suspended after the Freeh Report. FMPD has a long way to go…