A Real-Time Reminder of the Value of Police Cameras

I was able to get back into a courtroom for a socially distanced trial this week. It was my first since the pandemic hit, and quite a different experience, between physical distancing and the clear face masks that were provided so that we could see the faces of the jurors and the witnesses. We got a not guilty verdict for my client’s DUI, which was a huge win for him, and a relief to be able to move past the case now that it was done. And it was made easier for us since there was no video.
I’ve talked about the failure of many law enforcement agencies to provide regular video recording of their citizen interactions and arrests, including just recently. Many times, the video would assist the government in their prosecution of the case. That’s particularly true in DUI cases, where the only form of proof is the officer’s testimony about their subjective opinion about the performance on field sobriety exercises. Jury’s expect that evidence, and defense attorneys hammer the absence of video (or often, any corroborating evidence to the opinion testimony.)
In my trial this week, there were several jurors that indicated during jury selection that they would WANT to see video evidence. While the ones that said it out loud may have been struck from the panel, there were likely jurors selected that had a similar, unstated desire to see video evidence as well. After all, jurors want as much evidence as possible, and prosecutors want as much evidence to introduce to help prove their case. There’s a concern that a video might not support an officer’s testimony, but if that’s the case, we shouldn’t be prosecuting those cases. For instance, on a DUI case, if the video doesn’t help the impairment case, prosecutors can know which cases should not be taken to trial before they drag a panel full of jurors in for the day, particularly during a pandemic. 
Frequently, there are disputes between different versions of a story by witnesses on a case. Often, there is a discrepancy between what an officer says, and what the Defendant or his witnesses say about the details of a case. I suspect there is a thinking that it is beneficial for law enforcement not to create video, so that it is harder to challenge the officer’s version of events; the reality is that many disputes would be settled by the video. Disputes in evidence lead to more hearings and trials to settle the disputes, where a video is usually the best qualitative evidence that could be presented. The lack of video hurt the state’s prosecution in this case, and I have several other cases that are still pending because we don’t have video to resolve the dispute in facts. 
I feel like I do an “all cops should have videos” blog post nearly annually here, and several of our local agencies have added body cameras (Fort Myers and Cape Coral police both have done so). But the majority of law enforcement officers in Southwest Florida still do not have body or even car cameras. And defense attorneys like myself are going to keep hammering the issue in court, and jurors are going to keep being surprised that videos are not readily available in the year 2020. 

The FMPD Officer Investigation Continues to Evolve with new Details

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.

Body Cam Footage Released in St. Paul Police Shooting

It’s incidents like these that leave me astounded that not every police and sheriff’s department provides body cams to its officers. A week ago, a St. Paul police officer shot and killed Ronald Davis, who the officer said had attacked him after Davis rammed the officer’s patrol car. Protesters took to the streets to call for justice, though dispatch audio indicated the officer shouting “Drop the knife! Drop the knife!” It was poised to be another touchpoint for a story about a black man being killed by a police officer, and several people claimed they didn’t believe the official story that Davis had a knife.

The video was released Tuesday, and it’s dramatic. The officer gets out of his car after he’s struck, and is immediately set upon by Davis. The video shows Davis attacking the officer, knife in hand, knocking him to the ground. The officer gets up and tries to get away, with Davis continuing to pursue him. The officer shouts for him to drop the knife, and ultimately fires when he fails to comply. The video shows that the officer had a grave reason to fear for his safety, and conclusively shows that his actions were justified. Why Davis attacked him is unclear, and the loss of life is certainly a tragedy, but the video gives a lot more insight into what happened, and prevents a false narrative from going any further. I would urge all law enforcement agencies to follow this practice, and supply body cams and other recording devices for officers.

You can watch the video but are forewarned that it is violent and contains mature content:

 

Cape Coral PD Breaks into the Wrong Home- Scares Little Old Lady

As if Cape Coral did not have enough trouble with some of the bad warrants they had last year as a result of the Kordelle McKissack situation we helped uncover last year, you’d think they would have really buttoned down their warrant procedure. Alas, it was reported today that SWAT broke in the door of the apartment of a 78-year old little old lady, and they were at the wrong apartment. The last one cost them several cases, and no arrest was made this time… but it will likely cost them a lot of money. The woman has post-traumatic stress disorder, and is preparing a lawsuit.

The Department claims they were technically and procedurally correct. I disagree. If you break in the door for an innocent little old lady, you’re not just failing to achieve excellence. You are seriously doing something wrong. Let’s hope that this leads to better procedures to stop these things from happening. Unfortunately, the legal remedy is for them to be punished financially through a lawsuit. We all have to pay for their incompetence, but there must be a ramification so that these mistakes teach a lesson.

Drunk Driving Arrests Are Going Down, but Are the Roads Safer?

• Drunk Driving Numbers Are Falling in many Jurisdictions
• Ride Sharing Programs Claims Some Credit
• Critics Blame Lack of Enforcement

Ride sharing apps were in the news this week when Uber and Lyft decided to pull out of serving Austin, TX due to strict local ordinances. This may make the streets less safe, because a great deal of the business for these apps are taking people home late at night and on weekends: providing a convenient alternative to driving for many people who have been out on the town and possibly drinking.

The old Lyft ‘Stache

The ride sharing apps are quick to take credit for drops in DUI arrest numbers. Arrest numbers indicate declines in Florida cities, including the Miami and Tampa areas. Law enforcement agencies in Tampa were willing to give some credit to ride sharing, but also indicated there had been less enforcement going on due to shortages and other factors. MADD says there has been a major shortage of enforcement in Dade County jurisdictions, but the drop in arrests is likely due to a variety of factors, ranging from ride-sharing to less overtime for officers than they used to get on DUI cases.

Hopefully the decline in arrests is indicative of less people drinking and driving, and keeping the roads safer for all of us. If Uber and Lyft help, we can all get behind that. The numbers so far certainly favor the increase accessibility of ride-sharing apps.

So, This Happened in Charlotte County

My attorney friend P.J. was at the jail, and snapped a photo that appears to be a Charlotte County Sheriff’s vehicle caught under a garage door at the Charlotte County Jail. Unfortunately, he doesn’t know any details, but was kind enough to share the picture. It certainly seems that a Sheriff’s Office vehicle got caught by the garage door trying to come out of the Sally Port. The jail sally doors slide down really fast, so it’s probably not an uncommon occurrence… but, the picture is kind of funny.

Somebody had a bad day…

A look at some Pros and Cons of Police Body Cams

The AP took a nice, in-depth look at both sides of the body cam issue. We here at Crimcourts are still firmly of the opinion that the pros far outweigh the cons. The story is worth a read.

Another DUI Operation in Cape Coral Tonight

Cape Coral is running their 7th DUI operation tonight. Everybody be safe out there, don’t drink and drive!

http://www.capecops.com/newsroom/2015/8/6/cape-coral-police-department-conducting-sixth-dui-enforcement-operation-saturday-night

Lee Sheriff Deputies Save a box full of Abandoned Kitties

LCSO Captain Keith Day with his Rescued Kitty

Deputies Keith Day and Justin Adams rescued an entire boxful of little kitties that had been abandoned in the middle of nowhere. Looks like the kittens will be fine. Great save, guys!

Inside look at Cape Coral police body cameras

The Cape Coral Police Body Cams are active- NBC-2 takes a look:

Inside look at Cape Coral police body cameras.