A storm on the horizon
Posted: December 1, 2013 - 12:11am By BEN RICH (Rich is a former St. Johns County Commissioner)
St. Augustine
Editor: It has been years since I have written to you about issues in St. Johns County. However with the recent exposure regarding the bungling of an investigation involving the death of a girlfriend of one of David Shoar’s deputies, I feel compelled to express my feelings on the matter of the exposure, not the death.
Readers should know that the global news community is publishing this negative and shocking story. Serious negative focus is being directed at our little county nationally and internationally. The New York Times story — a 14,000-word indictment — coupled with the Frontline television exposure will damage our struggling tourist industry.
The attempts of our Sheriff, through his website, to bail water from his sinking agency reflect desperation rather than confidence. In the field of law enforcement, the appearance of impropriety is as damning as impropriety itself.
I have been involved in government my entire life. I know the symptoms of its illnesses. In many cases I have learned the cures. Knowing how to get the right people to fix broken, ineffective, abusive, fraud-infected or corrupt government is one of my limited talents. Our Sheriff’s department is out of control and now the whole world knows it!
There is little doubt that the present exposure of our quiet little county is going to cause federal authorities to take notice. If they determine that further investigation is warranted, they will initiate grand jury proceedings. Those closed-door hearings will not be limited to the present situation that has caused us such negative exposure. What we should fear most is that other exposed skeletons will draw us into an even more dismal abyss.
Rarely can one claim, “I can feel your pain.” I can, and it hurts, badly.
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1962 POINTS View Profile "Anonymity liberates hostility." -- Kathleen Parker, columnist, The Washington Post
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1962
PointsClara Waldhari 12/01/13 - 09:19 am 62Ben Rich
Thank you for writing this letter, no matter what your personal politics are.
We all know there is something rotten going on. Confirmation by a high-echelon County employee (you) is the [unfortunate] icing on the cake.
I want the federal authorities to take notice. To re-investigate, to convene a grand jury and be provided the unvarnished evidence -- ALL of it.
But frankly, I don't give one rat's azz if "the world" is watching us. It should be. The entire case was mishandled and smacks of cover-up. That deserves the eyes of the world upon us, especially if the man charged with the power to run LE in the county isn't doing his job for ALL.
Maybe you can be at the forefront of dismantling some of the power of that elected office, county sheriff. It is obvious one man wields too much power. The county should investigate at once.
Why you didn't choose to even address the death of Michelle O'Connell mystifies me.
Justice for Michelle O'Connell.
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2531 POINTS View Profile
2531
PointsRichard Tallman 12/01/13 - 09:22 am 62Ben, old friend.
Have you ever noticed how fresh everything smells after a storm? Perhaps a federal grand jury could lay these matters to rest once and for all. It is good to hear from you and to know that you are as feisty as ever. Friends need not agree on everything to be good friends.
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234 POINTS View Profile
234
PointsAlma Wilber 12/01/13 - 10:43 am 72Politics Aside
Mr. Rich,
I don't know you personally or your politics, but I do appreciate you coming forward with this editorial. However, I agree with Clara in not caring if the world is watching us. I certainly hope they are!! Tourism means absolutely nothing to me. I live here, I work here, my kids have grown up here and I plan to retire here...and only in the past few years have I felt it a mistake to live here and it is due to the antics of our local Sheriff and his Deputies. I used to love this county and our town. The small town charm were what brought me back after many years away...but the big city feel is beginning to wear on me. And it absolutely sickens me to see how our Sheriff is smug enough to laugh in the face of all of this negative publicity. He honestly doesn't care that our town is being shown in a negative light. He began putting propaganda in the media for all to see at the beginning of this year. Instead of doing the responsible thing and letting an outside entity handle what is now considered the biggest blunder this side of Valdosta, he chose to go to battle with FDLE. Why? Because it seems he is egotistical enough to believe his own hype. What is worse is that there are Deputies, Attorneys, Judges, and laypeople that know exactly how David Shoar works...and refuse to say anything about it. They cite "conflict of interest" or "watching their own backs" or better yet, they claim just plain ignorance when questioned by outside sources. The rub in all of this is that it took a young woman losing her life for the New York Times and Frontline to take notice. I want the world to know what is going on here and I want the publicity to continue until there is a positive resolution to this case. Perhaps the attorneys out there that had questions about their clients cases in the past, need to revisit them. They may just find, if they dig deep enough, that the impropriety that is being implicated in Ms. O'Connell's case, also applies to their own cases. My, what a can of worms that would be for the Sheriff, his Deputies and Detectives!!
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153 POINTS View Profile nancy
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Pointsnancy shaver 12/01/13 - 03:39 pm 62Thank you for your clarity and candor
I look forward to a fact based investigation and its outcome. It is frightening to think that we have a Sheriff who feels he has been anointed to be above any laws, even those of the Bible in which he espouses his beliefs. And it is perhaps even more horrifying that we have so many people in our law enforcement agencies who had to be aware of this horrendous miscarriage of justice, and chose to look away.
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2979 POINTS View Profile
2979
Pointsmark toomey 12/03/13 - 11:36 am 10What is
What is the States Attorney doing about this?
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1962 POINTS View Profile "Anonymity liberates hostility." -- Kathleen Parker, columnist, The Washington Post
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1962
PointsClara Waldhari 12/03/13 - 12:07 pm 10@Mark T.
Hi Mark,
This is a letter from the FDLE to State Attorney Brad King of Ocala. It was written by Dominick D. Pape, special agent in charge, FDLE.
I hope it answers your questions.
~~~~~
FCLE
Rick Scott, Governor
Pam Bondi, Attorney General
Jeff Atwater, Chief Financial Officer
Adam Putnam, Commissioner of Agriculture
Jacksonville Regional Operations Center
921 N. Davis Street, Building E
Jacksonville, Florida 32209-6838
1-800-226-6481
WNW.fdle.stale.f1. us
Florida Department of Law Enforcement
Gerald M. BaileyCommissioner
March 28, 2012
Honorable Brad King
State Attorney, Fifth Judicial Circuit
110 NW 1 Ave, Suite 5000
Ocala, FL 34475
RE: The death of Michelle O'Connell
Dear Mr. King,
After meeting with your staff on March 15,2012 and reviewing your office's final memorandum, I understand your position that the facts as they currently exist do not support the prosecution of Jeremy Banks for any homicide offense.
It is my office's opinion based on the facts of this case and your memorandum that this case clearly warrants an Inquest into the death of Michelle O'Connell pursuant to Chapter 936.003,
Florida Statutes.
Compelling information that I believe supports this request is as follows:
1) Jerry F. Findley was selected based on a recommendation by State Attorney R. J. Larizza and staff based on past performance in a high profile homicide prosecution. On March 27,2012, FDLE ASAC Steve Donaway spoke to Mr. Findley concerning conclusions
contained on page three of your memorandum. Mr. Findley stated that he did consider the possibility that the gun was upside down when it was fired and eliminated that idea based on evidence from the crime scene. Specifically, Mr. Findley opined that the final position of the ejected shell casings and the lack of blood spatter on the left arm leads him to conclude that the "upside down gun" theory could not have occurred.
2) On page 3 of your memorandum it states Dr. Bulich attributed the l x l cm laceration on Michelle's fight eye to an impact injury from the tactical light on the firearm. On the same page Dr. Cogswell concurred. However, Jerry Findley conducted repeated tests
with the weapon and determined that the weapon moves backwards, away from the muzzle blast, once fired and would not move forward to cause the direct impact suggested by the medical examiners. We concur the shape of the laceration is consistent
with the shape of the tactical light. But before the victim was shot the same injury could have occurred by the protruding tactical light striking the victim's face from any position since the tactical light has the same curvature around its circumference. The medical
examiners offered no opinion whether the laceration occurred prior to or at the time of death.
Continued
3) On August 29, 2011, State Attorney R. J. Larizza called for a meeting between several members of his staff, FDLE and Doctor Bulich. The purpose was to interview Doctor Bulich concerning his opinion in the cause of death of Michelle O'Connell. The
questioning was led by State Attorney R. J. Larizza. During the interview Dr. Bulich was asked to demonstrate how the weapon would have been held by the victim. Dr. Bulich changed the way he held the weapon a few times once questions concerning the evidence collected at the crime scene were asked of him. Dr. Bulich has never authored a report to his fIndings. During this meeting Dr. Bulich stated he could rule the death undetermined if needed. After this meeting Dr. Bulich then reviewed crime scene photographs and
other materials. Doctor Bulich's willingness to make the cause of death undetennined is very persuasive for requesting an Inquest.
4) Doctor Hobin has authored three opinions of the cause of death in this case. Doctor Hobin commenced with suicide, then to "shot by another person", then to the final conclusion of suicide. Again Doctor Hobin's changing of cause of death is persuasive in
requesting an Inquest.
5) Doctor Steve Cogswell reviewed this matter as to cause of death. No written report will be authored in this case. The investigative team never had the opportunity to meet or talk with Dr. Cogswell concerning his opinion. I do not believe his opinion is persuasive at
this time without having the ability to review a report or speak with the Doctor concerning his findings.
6) Your memorandum mentions two independent witnesses that were located during FDLE's investigation. You mention the testimony of these witnesses appears to be credible but not sufficient to support any type of homicide conviction. I am in total
agreement with your assessment of the witnesses. FDLE, after identifying these witnesses, had an independent law enforcement agency complete polygraph exams to check their credibility and veracity, which they passed.
Based on the above information, I hope you will consider my request for an Inquest into the cause of death of Michelle O'Connell.
If you need further information or you would like to meet with the investigative team, please feel free to contact me at the Jacksonville FDLE office, phone number 904-360-7100.
Thank you for your consideration in this matter.
Dominick D. Pape
Special Agent in Charge
DDP/mv
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