Friday, December 21, 2018

Gov.-elect DeSantis: Please order independent forensic audit and investigation of St. Johns County Sheriff's Office



I just wrote Florida Governor-elect Ron DeSantis requesting an independent forensic audit and civil, criminal and administrative investigation of the St. Johns County Sheriff's Department concerning the $700,000 embezzlement and the ongoing coverup of the September 2, 2010 murder of Michelle O'Connnell by Deputy JEREMY BANKS.

Here's the e-mail:







-----Original Message-----
From: Ed Slavin
Sent: Fri, Dec 21, 2018 8:51 am
Subject: Gov.-elect DeSantis: Please order independent forensic audit and investigation of St. Johns County Sheriff's Office










Dear Governor-elect DeSantis:



1. Thank you for speaking out in favor of justice for the Groveland Four.  As Alexander Hamilton wrote in The Federalist No. 51, "If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary."  Our Florida governments badly need greater protections against conflicts of interest.
2. Please order an independent audit and a civil, criminal and administrative investigation of our St. Johns County Sheriff's office.
3. Sheriff David Shoar's direct report, Finance Director RAYE BRUTNELL, has admitted embezzlement of some $700,000 over five (5) years. 
4. While Governor Rick Scott appointed Mr. Brian Haas as special prosecutor, Sheriff Shoar has chosen an undisclosed forensic auditor, keeping both special prosecutor Haas and our local St. Johns County government officials in the dark about it.  Shoar brandishes his intent by  boldly telling our local newspaper that he does not want a government audit, but a private sector audit. Wonder why?
See below for St. Johns County and 10th Circuit State's Attorney responses to my Open Records requests Nos. 2018-536 and 2018-537, establishing that they have no records on Shoar's selection of the forensic auditor, which Shoar still refuses to disclose.  See editorial in Historic City News blog, stating inter alia: 
"Now Shoar is trying to hide essential details about his choice.  For over a week, Historic City News has been in communication with the sheriff’s office attempting to obtain the name of the forensic auditing firm.  A response to that request remains unanswered.  I think we all should pay close attention to who he’s hired since he clearly doesn’t want us looking into their role."
5. Sheriff Shoar's hiring the forensic auditor to investigate embezzlement in his own agency is unacceptable. This subtle corruption of our government is indefensible and must be ended at once.  It is a blatant conflict of interest, illegal, immoral and unseemly, a stench in the nostrils of our Nation.  As the United Supreme Court held in United States v. Mississippi Valley Generating Company (the "Dixon-Yates" case), 364 U.S. 520 (1960) all conflict of interest laws are based upon Matthew 6:24 ("A man cannot serve two masters"), which the unanimous Supreme Court decision by Chief Justice Earl Warren deemed to be both a "moral principle" and a "maxim which is especially pertinent if one of the masters happens to be economic self-interest."
6. An independent government audit and investigation is required of the St. Johns County Sheriff's office, not one by Shoar's hand-picked auditor or his friend, the Polk County Sheriff. Shoar's side-stepping both FDLE and FBI was unseemly, and aimed at controlling the outcome of the case. 
7. This $700,000 embezzlement and endemic corruption in St. Johns County Sheriff's office both urgently require action by the Governor pursuant to Florida's Constitution, which empowers you to suspend Sheriff David Shoar. Article IV, Section 7 of our Florida Constitution states in pertinent part:


Suspensions; Filling Office During Suspensions


(a) By executive order stating the grounds and filed with the custodian of state records, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor.


(b) The senate may, in proceedings prescribed by law, remove from office or reinstate the suspended official and for such purpose the senate may be convened in special session by its president or by a majority of its membership.


....
8. Two judges found probable cause that Deputy JEREMY BANKS murdered Michelle O'Connell, but BANKS has still not been brought to justice  Please order an independent investigation of Sheriff Shoar's ongoing coverup of the September 2, 2010 Michelle O'Connell homicide by Deputy JEREMY BANKS, which included $1000 bonus checks given by Shoar to some 600 SJSO employees the month after the murder of Michelle O'Connell.
9. Please order an independent investigation of Sheriff Shoar's unseemly attacks on Michelle O'Connell's grieving family, including accusing them of "molesting" her body by arranging for an independent autopsy that found her jaw was broken (an essential finding missed by 23rd District Medical Examiner Dr. Predrag Bulic, M.D., who was later disciplined but not fired for some of his actions involving the O'Connell case).
10. Please order an independent investigation of Sheriff Shoar's obstruction of justice, including his campaign of retaliation against FDLE Special Agent Rusty Ray Rodgers, an ethical FDLE Special Agent who did his job "too well," without fear or favor.  Wasting tax funds, Sheriff  Shoar invested hundreds of hours of staff time in persecuting SA Rodgers, attempting to get Special Agent Rodgers criminally prosecuted and fired, while promoting a bogus, retaliatory civil rights lawsuit against him by Deputy BANKS in 2013.  Based on a 3000  page record, that lawsuit was dismissed by United States District Judge Brian J. Davis on March 30, 2018 (Good Friday/Passover). Judge Davis' decision was not appealed.  It is now res judicata without possibility of appeal. Judge Davis found that there was probable cause to believe that BANKS killed Michelle O'Connell. Judge Davis is the second respected judge to find probable cause that JEREMY BANKS committed murder, joining our respected County Court Judge Charles Jay Tinlin, who also found probable cause and ordered search warrants in 2014, which became the subject of JEREMY BANKS' retaliatory civil rights lawsuit.  
Query: Who paid for JEREMY BANKS'' attorney, ROBERT LESTER McLEOD a/k/a "MAC" McLEOD, whom Shoar recruited?  
11. Please appoint a new special prosecutor, one with independence and integrity, to investigate the Michelle O'Connell homicide case and sequelae, including the source of funds used to pay JEREMY BANKS' attorney, ROBERT LESTER McLEOD. Please, Governor-elect DeSANTIS, don't make the mistakes that Governor Scott made in appointing two (2) incurious second-raters, both appointed from neighboring judicial districts(apparently the routine habit and practice of Governors in appointing most special prosecutors).
12. Your speaking out about the Groveland Four case speaks volumes about the kind of Governor that you want to be, and I salute you. Please feel free to call me to discuss the Michelle O'Connell case, which was first reported by Folio Weekly's and First Coast News's Anne Schinder, then by Walt Bogdanich of PBS Frontline and The New York Times, and later by NBC, ABC, People, et al.  
Please see:  
Nov 26, 2013
Season 31 Episode 15 | 53m 41s. On the night she broke up with her police officer boyfriend, Michelle O ..


13. Sheriff Shoar persists in spreading material falsehoods about Michelle O'Connell, FDLE Special Agent Rusty Ray Rodgers and this case to this day on his website, abusing the public trust and wasting tax money, further reason for the Governor to suspend him from office under our Florida Constitution, Article IV, Sec. 7.  http://www.sjso.org/?page_id=7109
14.  This is the ninth Christmas that Alexis O'Connell has now spent without her mother.  Is Michelle O'Connell's blood on all of our hands here in Florida due to our collective silence, insouciance and inaction, aiding and abetting corrupt St. Johns County Sheriff David Shoar's ongoing coverup?  As Nancy Shaver wrote in The St. Augustine Record in 2013 (before she was elected and twice re-elected as our St. Augustine Mayor):


The Empty Stocking fund appeal always brings me to thoughts of children, and this year to seven-year-old, Alexis O’Connell, whose mother, Michelle, died of a gunshot in 2010 under circumstances that are at best unclear. At the age of four Alexis was left to wonder why, if the Sheriff’s office investigation were to be believed, her mother who loved her so deeply, and called to say she was on her way to her, suddenly decided to kill herself and leave Alexis alone.


I’ll make a donation to the Empty Stocking fund as many of us will. But this year I’ll also take the time to contact ...the .. United States Attorney, and ask her to investigate the handling of Michelle’s death. Nothing will restore Michelle to this earth, but clear-eyed justice can give Alexis some measure of peace.


Please consider adding your voice to this request….


A comprehensive and professional inquiry would be a gift not only to Alexis and her family, but also to all of us who look to the law to protect and serve us equally.


15. We deserve "clear-eyed justice," in Mayor Nancy Shaver's eloquent words.  Now.  As the American poet Ella Wheeler Wilcox wrote, "to sin by silence, when we should protest, makes cowards out of men."  

Thank you, Merry Christmas, Happy New Year, and best wishes for your doing justice as Governor of Florida.

With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998

I sent this followup:

On Fri, Dec 21, 2018 at 3:32 PM Ed Slavin <easlavin@aol.com> wrote:

Dear Governor-elect DeSantis:
1. As additional evidence, attached is a copy of United States District Judge Brian J. Davis' March 30, 2018 final order granting summary judgment in Banks v. Rodgers.  No appeal was filed.  The findings are res judicata.
2. Two (2) respected judges have now found probable cause to believe that Deputy JEREMY BANKS killed Michelle O'Connell on September 2, 2010.  Probable cause was found in 2018 by Judge Davis, an Article III federal judge, and in 2011 by St. Johns County Court Judge Charles J. Tinlin.  
3. Please appoint an independent special prosecutor in State of Florida v. JEREMY BANKS, with an Executive Order to present the case to a grand jury, based on ALL of the evidence, without fear or favor, including two (2) unrebutted probable cause findings by two (2) distinguished jurists.
4. Today I received an e-mail from St. Johns County Clerk of Courts and Comptroller Hunter S. Conrad in response to my Request No. 2018-539, establishing that there are NO Clerk of Court documents on the putative forensic audit. 
5. St. Johns County Sheriff David Shoar apparently NEVER checked with our St. Johns County government, our St. Johns County Clerk of Courts and Comptroller or the special prosecutor before choosing a still-undisclosed forensic auditor.  (I have appended the response in Request No. 2018-539 below, after my earlier e-mail and beneath the two e-mails that accompany it, concerning my Requests Nos. 2018-536 and 2018-537, from our St. Johns County Board of County Commissioners and the 10th Circuit State's Attorney's office, the special prosecutor appointed by Gov. Scott on State of Florida v. RAYE BRUTNELL).  
6. Please don't let Deputy JEREMY BANKS get away with murder.
7. Please don't let Sheriff David Shoar get away with choosing his own forensic auditor. 
8. Thank you and God bless you, Governor-elect DeSantis.  Merry Christmas to you and your family.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998

Supporting materials to e-mails:

-----Original Message-----
From: Betty Dixon <bdixon@sjcfl.us>
To: 'easlavin@aol.com' <easlavin@aol.com>
Cc: Regina Ross <rross@sjcfl.us>; Diane Lehmann <dlehmann@sjcfl.us>
Sent: Tue, Dec 18, 2018 4:54 pm
Subject: RE: Request No. 2018-536: St. Johns County Sheriff's forensic audit

Dear Mr. Slavin,
After a reasonable review, the County has found no records responsive to your request.
Respectfully,
Betty A. Dixon
Legal Services Specialist
Office of County Attorney
500 San Sebastian View
St. Augustine, FL. 32084
Office: 904-209-0817
This electronic transmission and any documents accompanying it contains information intended solely for the individual or entity to which it is addressed, and may include confidential information. This information will be made available to the public upon request (Florida Statute 119.01) unless the information is exempted according to Florida law. Unauthorized disclosure of confidential information contained herein is prohibited by Federal Regulations (42 CFR Section 481.101), HIPAA, Sarbanes-Oxley and State law. If you are not the intended recipient of this message or a person responsible for delivering it to the addressee, you are hereby notified that you must not disseminate, copy, use, distribute, publish or take any action in connection therewith. Unauthorized disclosure of confidential information is subject to prosecution and may result in a fine or imprisonment. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. If you have received this communication in error, do not distribute it. Please notify the sender immediately by electronic mail and delete this message. Thank you
From: Betty Dixon
Sent: Monday, December 17, 2018 2:53 PM
To: easlavin@aol.com
Cc: Regina Ross <rross@sjcfl.us>; Diane Lehmann <dlehmann@sjcfl.us>
Subject: RE: Request No. 2018-536: St. Johns County Sheriff's forensic audit
Dear Mr. Slavin,
I am writing to acknowledge receipt of your public records request.  St. Johns County will determine if it has any records that are responsive to your request.  If any such records are located, we will compile them and redact any exempt material prior to providing them to you.  Per St. Johns County Administrative Code 104.6, the County may request a deposit for costs if an extensive records search takes more than fifteen (15) minutes to locate, review for exempt information, copy (if requested), and re-file the requested material.  Should it be determined that the nature or volume of the public records requested requires the extensive use of information technology resources, or extensive clerical or supervisory assistance, or both, then we will first respond with an estimate of the additional charges for the actual costs incurred, and whether a deposit will be required.  In such instance, the records will be compiled only after you approve the charges and the County receives any required deposit.  Payment for the total or remaining costs can be made when the records are available.  If the actual cost is less than your deposit, you will be refunded the balance.  If you fail to provide the cost deposit within thirty (30) days, your request will be closed.
Thank you,
Betty A. Dixon
Legal Services Specialist
Office of County Attorney
500 San Sebastian View
St. Augustine, FL. 32084
Office: 904-209-0817
This electronic transmission and any documents accompanying it contains information intended solely for the individual or entity to which it is addressed, and may include confidential information. This information will be made available to the public upon request (Florida Statute 119.01) unless the information is exempted according to Florida law. Unauthorized disclosure of confidential information contained herein is prohibited by Federal Regulations (42 CFR Section 481.101), HIPAA, Sarbanes-Oxley and State law. If you are not the intended recipient of this message or a person responsible for delivering it to the addressee, you are hereby notified that you must not disseminate, copy, use, distribute, publish or take any action in connection therewith. Unauthorized disclosure of confidential information is subject to prosecution and may result in a fine or imprisonment. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. If you have received this communication in error, do not distribute it. Please notify the sender immediately by electronic mail and delete this message. Thank you
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Monday, December 17, 2018 1:30 PM
To: Jesse Dunn; Michael Wanchick; Patrick McCormack
Subject: Request No. 2018-536: St. Johns County Sheriff's forensic audit
Good afternoon:
Please send me the RFP, RFQ, contract and scope of work documents on the St. Johns County Sheriff's forensic audit.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
https://evidenceplease.files.wordpress.com/2013/07/lion-of-truth.jpg



-----Original Message-----
From: Ed Slavin <easlavin@aol.com>
To: jorr <jorr@SAO10.COM>; Haas <Haas@sao10.com>
Cc: psessions <psessions@SAO10.COM>; waltbog <waltbog@nytimes.com>
Sent: Thu, Dec 20, 2018 11:45 pm
Subject: Re: Request No. 2018-537: State of Florida v. Raye Brutnell -- SJSO Forensic Audit

Dear Messrs. Haas and Orr:
1. Is the special prosecutor deferring to Sheriff Shoar, a potential defendant, the selection of the forensic auditor?

2. Or is the special prosecutor hiring his own forensic auditor?
3. Is the special prosecutor investigating whether embezzlement may have been the source of any of the funds that were used to pay Mr. McCloud, counsel for Deputy Jeremy Banks in his lawsuit against FDLE and Special Agent Rusty Ray Rodgers?
Please call me to discuss.
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998


-----Original Message-----
From: Jacob Orr <jorr@SAO10.COM>
To: 'Ed Slavin' <easlavin@aol.com>
Cc: Paul Sessions <psessions@SAO10.COM>
Sent: Thu, Dec 20, 2018 1:35 pm
Subject: RE: Request No. 2018-537: State of Florida v. Raye Brutnell -- SJSO Forensic Audit

Mr. Slavin:
This Office does not have any documents that are responsive to your request.
Thank You,
Jacob S. Orr
Assistant State Attorney
10th Judicial Circuit, Florida
P.O. Box 9000 Drawer SA
Bartow, FL 33831
863-534-4801
From: Ed Slavin [mailto:easlavin@aol.com]
Sent: Monday, December 17, 2018 1:37 PM
To: Jacob Orr
Cc: Paul Sessions; Brian Haas; waltbog@nytimes.com
Subject: Request No. 2018-537: State of Florida v. Raye Brutnell -- SJSO Forensic Audit
Dear Mr. Orr:
Please send me the documents on the forensic audit(s) of the St. Johns County Sheriff's office, including the RFP, RFQ, references, evaluations, statement of work and contract(s).
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
Image removed by sender.




-----Original Message-----
From: Brad Bradley <bbradley@sjccoc.us>
To: easlavin <easlavin@aol.com>
Cc: Brad Bradley <bbradley@sjccoc.us>; Lisa L. Smith <lsmith@sjccoc.us>
Sent: Fri, Dec 21, 2018 10:20 am
Subject: FW: Request No. 2018-539: SJSO Forensic Audit

Dear Mr. Slavin,
 
We have no records responsive to your request.
 
B. Bradley
 
 
SJC_Logo_Color (2)
Brad Bradley, Esq.
Chief Administrative Officer/In-House Counsel
St. Johns County Clerk of Court & Comptroller
4010 Lewis Speedway, St. Augustine, FL 32084
TEL:  (904) 819-3602/FAX:  (904) 819-3661
This email is intended for the addressee(s) indicated above only. It may contain information that is privileged, confidential or otherwise protected from disclosure. Any dissemination, review, use of this email or its contents by persons other than the addressee is strictly prohibited. If you have received this email in error, please delete it immediately.
 
 
 
 
From: Brad Bradley
Sent: Tuesday, December 18, 2018 3:18 PM
To: Lisa L. Smith
Cc: Brad Bradley; Lisa L. Smith
Subject: RE: Request No. 2018-539: SJSO Forensic Audit
 
Mr. Slavin,  
 
We have no records responsive to your request.
 
B. Bradley
 
 
SJC_Logo_Color (2)
Brad Bradley, Esq.
Chief Administrative Officer/In-House Counsel
St. Johns County Clerk of Court & Comptroller
4010 Lewis Speedway, St. Augustine, FL 32084
TEL:  (904) 819-3602/FAX:  (904) 819-3661
This email is intended for the addressee(s) indicated above only. It may contain information that is privileged, confidential or otherwise protected from disclosure. Any dissemination, review, use of this email or its contents by persons other than the addressee is strictly prohibited. If you have received this email in error, please delete it immediately.
 
 
 
 
From: Lisa L. Smith
Sent: Monday, December 17, 2018 1:48 PM
To: Brad Bradley
Cc: Hunter Conrad
Subject: FW: Request No. 2018-539: SJSO Forensic Audit
 
FYI
 
SJC_Logo_Color (2)
Lisa L. Smith
Executive Assistant/Chief Personnel Officer
St. Johns County Clerk of Court & Comptroller
4010 Lewis Speedway, St. Augustine, FL 32084
Phone:  (904) 819-3603 Fax: (904) 819-3661
Email:  lsmith@sjccoc.us  Website:  www.stjohnsclerk.com
 
Dedicated to Excellence - Committed to Improvement
Serving with Kindness
This email is intended for the addressee(s) indicated above only. It may contain information that is privileged, confidential or otherwise protected from disclosure. Any dissemination, review, use of this email or its contents by persons other than the addressee is strictly prohibited. If you have received this email in error, please delete it immediately.
 
 
From: Ed Slavin <easlavin@aol.com>
Sent: Monday, December 17, 2018 1:39 PM
To: Lisa L. Smith <lsmith@sjccoc.us>; Hunter Conrad <hconrad@sjccoc.us>
Subject: Request No. 2018-539: SJSO Forensic Audit
 
Dear Mr. Conrad:
Please send me the documents on the forensic audit(s) of the St. Johns County Sheriff's office, including the RFP, RFQ, references, evaluations, statement of work and contract(s).
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed Slavin
904-377-4998
 

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