by Naja Girard…
UNANIMOUS! REQUEST FOR DOJ TO STEP IN ON EIMERS CASE / BOARD WILL PROBE DEEPER INTO TASING OF MATTHEW SHAUN MURPHY
“Garbage in. Garbage out.” That’s how Tom Milone, Vice-Chairman of the Citizen Review Board [CRB], described the concept of the Board relying on investigative reports furnished by KWPD, FDLE, and SAO [State Attorney’s Office] when it comes to local police brutality cases.
The CRB voted unanimously on Wednesday night to make a formal request to the US Department of Justice to investigate not only the in-custody-death of Charles Eimers, but also the agencies that produced what he called, “tainted, compromised, and unreliable” investigations.
Board member Joe Pais, who along with Milone had asked for the Eimers case to be put on the Board’s action agenda, didn’t mince words either:
“It’s out of control here. You type in Key West Police Department [on the internet] and all you see is this case. There are so many videos out there. It’s pretty clear what happened to this guy… Who can Mr. Eimers call? FDLE, SAO? It was a complete whitewash. We need to pass this on – get some real law enforcement help in this community.”
Milone cited the Board’s limited budget, which would make it impossible for them to conduct an investigation of Eimers’ death from scratch, as one of the reasons for calling in the DOJ. CRB Executive Director Larry Beaver explained that the Board’s initial annual budget of $200,000 in 2003 has since dwindled down to just $77,000 [which includes Beaver’s salary and associated expenses totaling just under $50,000].
Milone referred to the Board’s “duty to conduct an independent analysis” when officers’ use of force and the department’s subsequent actions come into question.
“We are not here to parrot the reports of other agencies. We are provided investigative summaries, but I want to see the video interviews myself. I want to study the raw evidence. I don’t want to simply accept someone else’s interpretation.”
In the Eimers case Milone refers to very specific reasons for having little confidence in the investigative reviews produced by local law enforcement agencies.
“For a variety of reasons I am very concerned about those investigations. For one thing there is the second video. It is my understanding that the contact information was known by KWPD from day one and passed on to FDLE and the SAO. None of the agencies took any action. It was the Plaintiff’s attorney who obtained the video.”
RELATED: EIMERS DEATH-IN-CUSTODY UPDATE: Missing Video Surfaces
Additionally Milone stated he was troubled by the close relationship between the FDLE supervising investigator Kathy Smith and [then] KWPD supervisor, Scott Smith [they are divorced and have a child together] and the recent allegation that the two were involved in a mortgage fraud scheme together back in 2010, which is currently under investigation by FDLE.
RELATED: Kathy Smith FDLE’s Lead Investigator in Charles Eimers Case Put on Administrative Leave
Milone also pointed out the State Attorney’s highly unusual move in hiring an expert defense witness to testify in the case for indictment to the Grand Jury. “None of that inspires confidence,” said Milone, “relying on those other investigations impairs our ability to be fair, objective, and complete.”
One newly appointed board member, Arthur Dennisson, showed some reticence to the concept of bringing in the DOJ. “Are we inviting them in to oversee the entire police force? If we invite them in – how do we get them out?”
Milone responded, “It could lead to federal charges, an action in federal court, a consent decree… We could have federal monitoring of some kind. It they find enough – then so be it. In any event, a man died here… and the contradictions go on and on. I think we need to go ask DOJ and whatever happens, happens.”
The Board’s attorney, Robert Cintron, alerted the members to the pending motion for sanctions the Eimers’ family filed last week in the federal civil rights case. The motion, which Cintron classified as “very serious”, is set for hearing in Miami on January 12th. The family is asking that the defense be sanctioned due to perjurious statements made by officers as revealed by the second bystander video. In essence, were the family to get what they asked for – the case would be won by default. “Depending on how that goes down, the civil case is set for trial in April,” said Cintron.
THE MURPHY CASE: FILING OF LAWSUIT AGAINST THE CITY IS “IMMINENT”
While debating what to do about the complaint filed in the case of the catastrophic tasing of Matthew Shaun Murphy, board members learned that yet another excessive force suit would be heading our way. Cintron began by informing the Board that he had spoken with an attorney who is representing Murphy and that the filing of a suit against the City of Key West was “imminent”.
Cintron updated the Board about his efforts in the ongoing investigation into the complaint made by Marie Annulysse, the fiance of the young father who was tased by KWPD Officer Mark Siracuse, allegedly without warning, over three and one-half years ago. Murphy to this day lies in a vegetative state, alone in a Miami hospital. Cintron informed the board that he had received medical records via subpoena from Jackson Memorial Hospital in Miami, which confirmed that Murphy’s severe brain injury had been caused by the Taser induced fall onto the sidewalk that night. The incident occurred in the early morning hours of April 16, 2011 while Murphy was allegedly involved in a physical altercation with local fisherman Jason Moffett on Duval St. The fight allegedly broke out after Moffett’s then girlfriend, Beverly Anderson, screamed racial insults and threats of bodily harm aimed at Annulysse, who is black.
One issue in the complaint is whether Officer Siracuse lied about giving Murphy an opportunity to stand down before firing the Taser, which is required by a Florida Statute that specifically prohibits the use of a Taser by police unless the suspect is actively resisting the officer. Siracuse claims that he was facing Murphy head on when he fired the Taser, but eyewitnesses including Moffett say Murphy was tased from behind without warning and never knew what hit him.
KWPD policy requires that photographs be taken of Taser probe wounds, but that was not done in Murphy’s case. Records from Lower Keys Medical Center and Care Ambulance Services have been subpoenaed. Those medical records as well as records from the emergency helicopter service that was used to transport Murphy to the Jackson Memorial Trauma Center could shed light on where the actual probe wounds were located and whether the officer and later Chief Donie Lee gave inaccurate accounts of what occurred that night.
RELATED: THE CASE OF MATTHEW MURPHY: ANOTHER COVER-UP?
New board member Kathleen S. Ford was apparently swayed by the State Attorney’s “voluntary review” of the incident, which made no mention of the State Statute governing police use of a Taser. Ford motioned the board to make a finding that there had been no excessive force used by Officer Siracuse pointing out that the officer had been protecting Moffett from Murphy who was allegedly just about to throw a punch. Dennison seconded the motion, however other board members, taking into account Annulysse’s allegation that Officer Siracuse had made false statements in his incident report were interested in finding out where the Taser probes had actually entered Murphy’s body before making a determination. The Board ultimately voted to direct Cintron to continue gathering medical records in the case.
A BREATH OF FRESH AIR
At the end of the meeting, which lasted over three and one-half hours, Cintron, who has been involved with the CRB more or less since its inception, told the Board that the session had been like a “breath of fresh air”. Cintron expressed admiration for the group saying he was pleased to see such a diverse membership and stated that their work that evening “demonstrates to the community that the CRB means business.” Sloan Bashinksky, a resident who had been personally active in the Citizen’s initiative from which the CRB was born, and who has been sometimes critical of the Board’s lack of passion for their work agreed, “I think the CRB has come back into what it was supposed to be.”
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To access all articles written by Naja and Arnaud Girard on the in-custody death of Charles Eimers click here.
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Besides the moral issues of the Murphy and Eimers cases and the KWPD involvement and subsequent cover-ups, can the City of Key West afford the cost of bailing out the bad apples in the form of losing law suits? Where are all those folks constantly complaining about their tax dollars being wasted? Speak up!
Finally!!! The CRB is talking serious (or at least acting that way) about complaints against the KWPD. But are they really? Where have they been re: Charles Eimers for the past year? Where have they been on the Shaun Murphy case for the past 3 1/2 years? Now that they are involved, can the really make a difference besides writing letters or making recommendations? Does the KWPD or the city commission take them serious? I doubt it because they all fought against forming the CRB to begin with.
Just to be clear, I’m all for the CRB. Someone has to “watch the watchers” The problem being the KWPD and the city commission who obviously don’t give a damn about their recommendations any more than they care about other city panels formed to make recommendations (ie: trash pick up)
Now all of a sudden there’s lots of comments in various publications about Eimers being killed by KWPD. While this is a great thing, where have you been for the past year? I can only think it’s because of the continuing coverage by Naja & Arnaud Girard of “The Blue Paper” and Sloan Bashinsky who hammered the KWPD and the commission relentlessly. But for these three, the case would never have seen the light of day. It would have been over and done before the turkeys and pumpkin pie were eaten that thanksgiving day. To these three courageous citizens we owe a huge THANK YOU!!!!!!!!!
Every week the city commissioners, Donnie Lee, and his 10 officers are getting closer to eating lunch at the “Karma Cafe”, where you are served what you deserve!
Kurt Wagner
St. Thomas, VI
Thank you Tom Milone and Joe Pais for leading the way. Can someone please tell us which Commissioners appointed Kathleen Ford and Arthur Dennison? Thank God for the CRB. Keep up the good work. You may be the last bit of faith we have in any of the existing systems.
My guess is most of Key West doesn’t care. Insurance pays the bill. I would bet dollars to donuts 1/2 of Key West have never heard of Chares Eimers.
Finally! Contacting the DOJ should have been done months ago. The bubba system ensnares too many who have any kind of power in the Keys, and corruption rules.
Naja was the only journalist at the CRB meeting, the Charles Eimers part of which, and the second CBS report, the Citizen has yet to report.
The co-stars of the Charles Eimers segment of the CRB meeting were Vice-Chairman Tom Milone and Joe Pais, who separately asked the CRB to accept the Eimers case, and who minced no words presenting their reasons therefore.
Milone had prepared a “legal” brief”, which he presented, building a compelling, overwhelming case for the CRB to get involved and invite in the US Department of Justice.
Milone and Pais were joined by Hayward Magby and Rodney Gullate, who minced no words, either. Chairman Michael Behrend was pretty quiet. Member Kathleen Ford said little. Arthur Dennison clearly didn’t care to invite in DOJ, even though he finally voted for it, subject to being able to review and object to parts of any letter sent drafted to be sent to DOJ.
City Commissioner Clayton Lopez was at the CRB meeting through the Charles Eimers item; I think Clayton left after that. I was glad to see him there. South Beach, where Eimers was killed, is in Clayton’s voting district.
CRB Attorney Robert Cintron seemed eager to do all possible to assist in presenting the Eimers case to DOJ. He told the CRB that the Horan law firm, the local lawyers representing the Eimers family in the federal court lawsuit, had offered to turn over everything they have to the CRB.
After the meeting ended, I talked with Robert. He said the Eimers case really disturbs him. He had no kind words for State Attorney Cathy Vogel and her prosecutors in their presentation of the Eimers case to the grand jury.
County Commissioner Sylvia Murphy emailed me yesterday, after watching the blue paper’s You Tube of the 2nd/recent CBS report on the Eimers case, which I had published yesterday at http://www.goodmorningkeywest.com:
“Thanks, Sloan, for adding the video to your blog. Disturbing, yes, but necessary. Everyone should have to view it, get queasy in the stomach and then demand a thorough investigation that will put this public relations black-eye to rest. The Eimers family needs to know the truth, whatever it may be, and the people of the Keys need it also. My admiration for Naja just keeps growing. Sylvia J. Murphy Mayor, Monroe County 305-453-8787 305-797-0088″
I wrote to Kurt Wagner this morning, after receiving from him an email copy of his comment above, which he had sent to the mayor and city commissioners and city attorney and police chief; I copied All:
“It’s a crying shame CRB meetings are not video recorded, but I can imagine why they are not, and I doubt it has anything to do with the cost of doing it :-). If Wednesday’s CRB meeting had been video recorded, the entire world could watch the most important city government meeting since I arrived in Key West in late 2000.
“At past CRB meetings, I scolded them for complacency, for thinking few complaints being made to them against KWPD reflected the CRB doing a good job. To the contrary, I told them; that reflected loss of public confidence in the CRB.
“Also, however, I told them to lay back in the Charles Eimers case. It was too soon for them to get involved. They needed to let the other investigative authorities have a chance to do the right thing. I reminded the CRB of that advice Wednesday night, and that I had given that advice because I had figured the other investigative authorities would hang themselves, which is what they did. Now, who can fault the CRB for stepping in and doing the right thing? Which is what they were formed to do. And they were to do their own investigation, and not rely on what other agencies did or reported.”
I also told the CRB during citizen comments, that I was one of many Key West residents who participated in the grassroots movement to get enough petition signatures to force the city commission to put the CRB on a public referendum, which the city commission and the police department and the police benevolent association fiercely opposed. The referendum passed overwhelmingly, thanks in large measure to the blue paper, when it was owned and published by Dennis Reeves Cooper. And the CRB, with Todd German as its first Chairman, started out well, but as time passed, and new people took the helm, the CRB seemed to go a bit slack. And Naja and Arnaud Girard should receive a Pulitzer for their work on the Eimers case.
The CRB was not slack Wednesday night, although there were moments when I wanted to grab Arthur Dennison and drag him off the dais and out onto the street, and send him on his way.
Here is what I wrote back to County Commissioner Sylvia Murphy, yesterday:
Hi, Sylvia –
I can’t imagine serious criminal investigation being generated locally. Maybe the Citizens Review Board will be able to draw in the US Department of Justice, but look at all DOJ has on its hands already, and you don’t have street riots in Key West, or big demonstrations. Hard to predict how that will go, but the plaintiff lawyers certainly are making KWPD, Florida Department of Law Enforcement, State Attorney Catherine Vogel and the county medical examiner look awful, thanks to all the hard work Naja and Arnaud did, and still are doing. Dangerous work.
Robert Cintron told me after last night’s CRB meeting that he is very disturbed about the Eimers case. He said during the meeting, that the plaintiff lawyers told him they would give the CRB anything they wanted. I agree, everyone in the Keys should watch the videos, but I imagine a lot of people won’t watch. They don’t want to see it, or don’t care what is in it. Several of them are city elected officials. I’m not kidding.
City Commissoner Mark Rossi crawled all over me in a commission meeting after I talked about the 2nd bystander’s video, and later he admitted to the Citizen reporter that he had not seen the 2nd video. Mayor Cates is allergic to anything that makes Key West looks bad. He somehow spins it away, or ignores it. I can’t imagine doing that, I were in his shoes, or seat, or whatever. And he has lots, and lots, and lots of company in Key West.
The irony for me is, I knew how it was in KWPD before Charles Eimers came here to help a lot more people know what I knew. Every homeless person in Key West knew. Every person living in a vehicle knew. And other people knew, who’d had rough dealings with KW cops.
Robert Cintron said after the CRB meeting, that the thin blue line protection principle is everywhere, and we in Key West are just getting to see it on our home turf. He’s right. Cops don’t tend to rat out cops. It ain’t healthy for the ratters, nor for their careers in law enforcement. As I recall, that was what the movie “Serpico” was about.
I got something brewing since putting up today’s post, re why Eimers drove off from the traffic stop? I’ve posited it before, but it’s come back around, so I imagine it will be posited again tomorrow.
Ciao,
Sloan
The something brewing came up with a Facebook friend request from Paul Clarin, Pubisher of the Citizen:
Paul A. Clarin
12/17, 6:37pm
Dear Sloan:
Merry Christmas!
Will you please friend me on Facebook because I’m sick of Facebook telling me to friend you and then you ignoring my request…. Or not.
Paul
Sloan Bashinsky
12/17, 10:20pm
Sorry, I didn’t know you were requesting to be a friend. Will get right on it.
just now sent you a friend request
Paul A. Clarin
12/18, 6:29am
Ha! Got it. Welcome.
Thank you for the way you’ve spoken for Mr Eimers
.
Sloan Bashinsky
12/18, 11:05am
De nada, some things are easy to speak for, and Mr. Eimers is a sterling example. I still am not settled about what happened to cause him to drive away from the traffic stop. I really would like to see his driver’s license, to see if it was bent or creased, which KW cops are known to do to driver’s licences of people they know or suspect are living in their vehicles. Maybe the cop did that, or did something else that freaked Eimers out. Or maybe Eimers was in some sort of rapture, angel-induced, and wasn’t entirely in charge, as he drove away, running red lights, according to police reports, videos, doing God’s work at a speed and in a way he never in his wildest dreams could have imagined.
Sloan Bashinsky
12/18, 5:41pm
Coincidence? I write to you about KW cops bending and creasing driver’s licences, and later today I receive an email from a fellow who told me about it happening to him, and when he went to the driver’s licence bureau to get a replacement license, and told the woman who waited on him, she told him cops do that to driver’s licences of people they think are homeless. I passed that info along to David Paul Horan maybe 6 months ago, via the fellow’s first email to me about it.
He wrote yesterday to me:
“Hank Santorum writes in about running from the police which Charles did not run from the police I still believe he was told by the PD he could leave and he did but I was told I could leave while the cop put my drivers license in his pocket and I would not leave with out my drivers license and told him I will seek reimbursement from city hall in his name and that’s when he returned my license. Charles Eimers did not run from the civilian cops they set him to look like he left the scene of his own accord, not a chase at 25 miles an hour he was over come with fear when he saw who was following him.
People please wake up.”
Naja Girard told me Eimers’ driver’s license was in the KWPD evidence locker. I wonder if Horan has gotten to see it yet? I sure would ike to see it, to rule in or out tampering with Eimers’ driver’s licence.
Today’s post at http://www.goodmorningkeywest.com leads off with Bob Kelly’s Facebook promo for Naja and Arnaud and the blue paper to receive Pulitizer prizes.
The post ends with a quote of City Commissioner Clayton Lopez from the Citizen, at yesterday’s dead homeless people memorial service, and my reply to Clayton:
~City Commissioner Clayton Lopez was supposed to sing “Amazing Grace” during the service. But when his turn came, Lopez said instead of singing, he would rather read a verse of the age-old hymn and quote an old proverb. “Earth has no sorrow that Heaven cannot heal,” Lopez read.~
Amen, Clayton. Thank you. However, it will help heaven greatly, if you, in your official capacity as a city commissioner, pester the other city commissioners and the mayor to order city police to leave homeless people alone, who are not causing serious trouble for other people, or are a serious threat to themselves. It also will help heaven greatly, if you, in your official capacity as a city commissioner, join the CRB in inviting the US Department of Justice to investigate the killing of Charles Eimers by Key West police in your city commission voting district, and the massive cover up which ensued. It also will help heaven greatly, if you, in your official capacity as a city commissioner, pester the other city commissioners and the mayor to ask Sheriff Rick Ramsay to provide law enforcement in Key West, just as he does everywhere else in the Florida Keys, and the KWPD is disbanded. Sheriff Ramsay and his deputies have a far kinder, far saner, and far less expen$sive approach with homeless people, than KWPD has. Sheriff Ramsay and his deputies are not prone to behave like the Gestapo and get themselves, Monroe County and the several Florida Keys cities they protect and serve sued. Sheriff Ramsay and his deputies cannot be ordered by the Key West city government to do anything, because Sheriff Ramsay answers to Tallahassee.
The problems in Key West are more problematic than is commonly known. There also problems with the DCF investigators, and the Pubic Defenders office. The are big part of the Bubba system too. There;s a big problems for the CRB, Their legal advisor is a Big Bubba, and I don’t believe he practices what he preaches.
NO ONE HAS BEEN INVESTIGATING THE INVESTIGATORS, UNTIL NOW. HALLELUJAH!. .
JP, others, I am more impressed by people who put their real names on their accusations. That hardly wee matter aside …
The CRB’s lawyer, Robert Cintron, represented Lisa Drukemiller, who was convicted and sentenced to prison for stealing I-phones, etc. from her employer, Monroe County, and reselling same cheap, and giving same to relatives. Cintron’s position was County Administrator Roman Gastesi put Drukemiller up to it, by demanding she sell him cheap I-phones, which she did, according to her. There was a problem collecting information from the cell phone company, and no case was made against Gastesi by the State Attorney therefore. Later, the cell phone information was acquired, and I believe that was Cintron’s doing, which seemed to support Drukemiller’s claim that Gastesi was part of it from the beginning.
The point Cintron was making was, Drukemiller should not get as long a sentence, for doing what her boss told her to do, as she would get acting entirely on her own; and she should not get a long sentence if Gastesi was not even prosecuted, which he never was.
Cintron brought that up during our conversation after the CRB meeting Wednesday night, as evidence of how great a State Attorney Catherine Vogel is not. He also criticized her impaneling the Eimers grand jury to get the heat off of herself, fully intending to present a case to the grand jury, which would insure they would not indict any KW police officers.
I am convinced Robert Cintron is seriously steamed about the Eimers case, Vogel, Florida Department of Law Enforcement, the Monroe County Medical Examiner who did the autopsy on Charles Eimers’ remains, and how KWPD and Police Chief Donie Lee handled the case.
That said, I have myself seen Robert do, or say things, which bothered me. I was astounded over how he stuck with Judge Tegan Slaton in his bid for reelection this year, knowing Tegan had a serious alcohol problem, as well as his other medical troubles, including diabetes. I myself have heard Robert say he is diabetic and is a binge drunk, in the presence of perhaps ten people, in his law office on Whitehead Street. Yet, back in 2006, I paid Bill Lowey, who once headed Habitat For Humanity, to hire Robert to defend the residents of Seahorse Trailer park on Big Pine Key, who were facing eviction by a developer, who was going to bulldoze the trailer park, and Robert did a good job on that.
It probably is impossible in Key West to find a lawyer who does not have warts and skeletons in the closet. It probably is impossible to find anyone in Key West who does not have warts and skeletons in the closet. When I practiced law in Birmingham, Alabama, I found nobody in my profession, including me, who didn’t have warts and skeletons in the closet.
Tom Milone, Vice-Chair of the CRB is a good friend of mine. He receives, and he tells me he reads, my daily musings at http://www.goodmorningkeywest. So he knows where I stand on lots of things. Also, we have frequent conversations about lots of things.
My advice to Tom, and to the CRB, is simple. Do your own investigation to the best of your ability. Let Robert Cintron get evidence from the plaintiff attorneys, and let Robert help you draft the letter and accompanying back up information to the US Department of Justice. However, you must remain the final decision maker; you cannot pass that responsibility to Robert, because you are the CRB, Robert is not. You are responsible to the people of Key West and the city government, Robert is not.
Furthermore, Robert advised you at the CRB meeting, that the letter should be sent to the civil rights division of DOJ. I am not sure that is the right department. If you think crimes were committed by KWPD and others, I believe the correct recipient of your letter is the criminal division of DOJ, if that is different from the civil rights division. I leave for you to make that determination.
Back to the CRB meeting, during citizen comments, I told them that I once clerked for a US District Judge, who presided over every federal criminal prosecution in the Northern District of Alabama. I got to watch lots of federal criminal prosecutions. I got to meet and know lots of defense lawyers, US Attorneys, FBI agents and US Marshalls. I saw just how serious the US Government was prosecuting federal criminal cases. Do you recall how serious the federal government was prosecuting Jim Hendrick, who is Robert Cintron’s good friend, and who practiced law in the same law office, which was Hugh Morgan’s law office. Hugh is a former US Magistrate.
One more thing right now, which I wrote this afternoon to Lower Keys Attorney Lee Rohe, who also is a personal friend of mine, after he wrote to me about the Eimers case and the Girards getting Pulitizers.
“If the U.S. Magistrate finds the KW cops perjured their depositions in the federal lawsuit, then the Magistrate might, or will, order the US Marshalls in residence to take said cops into federal custody and instruct the US Attorney in residence to initiate prosecution. I’m pretty sure that’s what federal judges and federal magistrates I knew in Birmingham would have done in such a circumstance.”
What galls me is neither the police chief, the mayor, the state attorneys office nor any of the commissioners had the stones to at least apologize to the Eimers family and acknowledge there *might* have been some culpability on behalf of the KWPD.
Instead they remained arrogant and self righteous, implying Eimers got what he deserved by supposedly
resisting arrest.
What hypocrisy!
Here’s a link to the Pulitzer Prize organization.
Pulitzer for The Blue Paper. Shall we?
http://www.pulitzer.org/
The Public Defender`s office had nothing to do with the Eimers investigation. It`s sole function is to provide legal defense for indigents. Any suggestion that the PD office is ” part of the bubba system “, whatever that means, is ludicrous. The vast majority of the attorneys in our office are from elsewhere .The only connection between the PD office and the Eimers case is the fact that I, and another assistant PD attended the candle light vigil. As far as Robert Cintron is concerned , he was extremely helpful to me when I was in private practice and represented Scott Harrington, who made a habit of videotaping the police before that concept was popular, and was eventually harrassed into leaving the country. The CRB`s failure to launch an investigation into Scott`s allegation that he was constantly being arrested and issued citations under false pretenses was , in my opinion a huge mistake , but it wasn`t Cintron`s fault.