city of miamiegov.ci.miami.fl.us/meetings/2006/6/1316_a_civilian...take prisoners, supervisor's...

Tuesday, June 20, 2006

5:00 PM

City of Miami

City Hall

3500 Pan American Drive

Miami, FL 33133

www.ci.miami.fl.us

Regular Meeting

City Hall Chambers

Civilian Investigative Panel

Larry Handfield, Chairman

Janet McAliley, Vice Chair

Rudy de la Guardia, Treasurer

Thomas Rebull, Secretary

Tanya Brinkley, Dr. Tangier Scott,

Timothy Moore, Fred St. Amand, Bess McElroy,

Brenda Shapiro, Otis Davis, Danny Couch, Andrew Fishman

Meeting Agenda - Final

June 20, 2006Civilian Investigative Panel Meeting Agenda - Final

CALL TO ORDER

PLEDGE

ROLL CALL

APPROVING THE MINUTES OF MAY 16, 2006

ADMINISTRATIVE ISSUESA.

A.1 Update MPD Requests for Information

A.2 RFLI re: Independent Investigators

A.3 CIP Investigative Procedures

CASE MANAGEMENTB.

Case: Kelvin Walker IA 04-044 CIP 05-037

Involved Officer(s):

Sgt. Larry Jackson #3361

Torrance Gary #7135 [ Ofc. Gary resigned from MPD on 2/18/06]

Benjamin Payen #5539

Sgt. Dawn Campbell #0807

Allegations:

1. Misconduct (Gary)

2. Misconduct (Jackson)

3. Misconduct (Payen)

4. Improper Procedure (Jackson)

5. Improper Procedure (Campbell)

Cx stated on February 10, 2004, several plain-clothed City of Miami police

officers entered and searched his residence after arresting him for possession

of marijuana. Cx stated that after he was released and returned home, he

discovered that fourteen thousand dollars was missing from his bedroom.

Recommendations:

1. Close as Sustained for Misconduct against Ofc. Gary; Ofc. Gary has been

recommended for Termination.

2. Close as Sustained for Improper Procedure against Sgt. Jackson; Sgt.

Jackson received a 40 hour suspension as a result of this case.

3. Close as for Not Sustained for Misconduct against Ofc. Payen; Ofc. Payen

never entered Cx's bedroom and only had possession of the shoebox

containing the money when he received it from Ofc. Gary and placed the shoe

box inside the vehicle.

B.1 05-01191

City of Miami Printed on 6/19/2006


4. Close as Not Sustained for Misconduct against Sgt. Jackson. There are no

witnesses to prove or disprove exactly how much money Sgt. Jackson found.

5. Close as Sustained for Improper Procedure against Ofc. Campbell. Ofc.

Campbell received a letter of Formal Counseling as a result of this case.

Staff Observation:

It should be noted that IA conducted a very thorough investigation.

Staff Recommendation with Complaint Committee approval:

The Policy and Procedures committee should review the Crime Suppression

Detail's SOP regarding the handling of property and make recommendations

regarding the chain of custody and having witness officers present while an

officer is counting money.

Case: Miguel Acevedo IA 04-121 CIP 05-060


Thomas Carroll #0856

Joseph McCrink #4602

Allegations:

1. Abusive Treatment (Ofc. McCrink)

2. Abusive Treatment (Ofc. Carroll)

On April 18, 2004, Cx stated that Ofc. McCrink grabbed him in a half nelson as

Ofc. Carroll punched him two to three times in the stomach and shoved a

Taser against his face.

Recommendations:

1. Close as Not Sustained for Abusive Treatment against Ofc. McCrink.

2. Close as Not Sustained for Abusive Treatment against Ofc. Carroll.

The CIP investigator spoke with Cx's mother who informed the investigator that

Cx does not want to pursue the matter. Also, Cx was sent a letter and has not

responded.

B.2 05-01295

Case: Humberto Alvarez IA 04-008S CIP 06-115


Marcos Munoz #4958

Allegations:

1. Improper Procedure

Cx stated on December 17, 2003, Ofc. Munoz took his watches and placed

them into property as stolen items. Cx stated that because of this, he is not

able to retrieve the watches even though he has ownership papers.

Recommendations:

1. Close as No Finding for Improper Procedure; the CIP investigator spoke with

Cx's attorney, Scott Bennett, who stated that Cx no longer lives in the area, Cx

B.3 05-01353



is not interested in pursuing the matter, and Cx requests that we close our file.

Case: Andrew Rosenblatt CIP 05-035 IA 05-079S


Jorge Loo #4062

Allegations:

1. Improper Procedure (arrest)

2. Excessive Force

3. Improper Procedure (transporting prisoners)

Cx stated that on December 28, 2004, Ofc. Loo abused his discretion to arrest

him, used excessive force during the arrest, and violated MPD procedure on

the transportation of prisoners to jail.

Recommendations:

1. Close as Exonerated for Improper Procedure (arrest); Cx was arrested for

failure to sign a traffic citation and resisting arrest without violence. Florida

Statue 318.14(3) states, "any person who willfully refuses to accept and sign a

summons shall be guilty of a misdemeanor of the second degree."

2. Close as Not Sustained for Excessive Force; Cx stated that Ofc. Loo used

excessive force while effecting his arrest, but Ofc. Loo stated that Cx resisted.

There were no independent witnesses.

3. Close as Exonerated for Improper Procedure (transporting prisoners); the

actual time of Cx's transportation to jail was 1 hour and 24 minutes. During

this time, Ofc. Loo stopped to obtain a supervisor's signature on the arrest

form per MPD policy and made copies of the arrest form at a MPD ministation.

Additionally, Sgt. Herbello, Ofc. Loo's supervisor, permitted the delay in

transporting Mr. Rosenblatt to jail.

Staff Observation:

In this case, a significant impediment to complying with Departmental Order

16.4.21.2 is MPD's administrative procedures for arrests regarding where to

take prisoners, supervisor's signatures on arrest forms, and making copies of

arrest forms, and the South District substation's supervisor's decision that

officers cannot use their copy machine. MPD has since terminated this

practice.


The CIP should make a recommendation to change the language in DO

16.4.21.11 (transporting a prisoner of the opposite sex) to require the same

notification for transporting any prisoner.

B.4 06-00135



Case: Lisdeth Lopez IA 02-219S CIP 06-194


Jose Acuna #0028

Allegations:

1. Discourtesy

Cx stated on August 20, 2002, she received a traffic citation from Ofc. Acuna.

Cx stated that Ofc. Acuna asked her why she was bald and she told him that

she had a rare form of cancer and was under going chemotherapy. Cx stated

that Ofc. Acuna responded by saying,” I thought that you were a lesbian.”

Recommendations:

1. Close as No Finding for Discourtesy; Ofc. Acuna has retired from MPD.

B.5 06-00687

Case: Armando Alonso IA 03-398 CIP 05-092


Jay Grossman #2559

Allegations:

1. Abusive Treatment


Cx stated that on December 3, 2002. Ofc. Grossman grabbed and pulled him

out of his vehicle, then made him sign two traffic citations.

Recommendations:

1. Close as No Finding for Abusive Treatment.

2. Close as No Finding for Improper Procedure.

The CIP Investigator contacted Cx who stated that he did not want the CIP to

proceed with an investigation. Cx signed a CIP "Discontinue Investigation"

form.

B.6 06-00923



Case: Latarsha Andrews IA 04-301S CIP 06-051


Nathaniel Dauphin #1325

Vincent Miller #4785

Allegations:

1. Discourtesy

Cx stated on October 15, 2004, the police were called due to a dispute she had

with her neighbor. Cx stated that her daughter told her what a neighbor had

said and Cx asked her daughter to repeat it to the officers. Cx stated that Ofc.

Dauphin stated, "Oh, she do need to take a bath" referring to her daughter.

Recommendations:

1. Close as No Finding for Discourtesy; the CIP Investigator contacted Cx who

stated that she did not want the CIP to proceed with an investigation. Cx

signed a CIP "Discontinue Investigation" form.

B.7 06-00925

Case: Jonas Calixte IA 04-207S CIP 06-060


Claudia Claude #1070

Viona Browne-Williams #0624

Allegations:


Cx stated on July 11, 2004, his mother was involved in an automobile accident

and Ofc. Claude and Ofc. Browne-Williams did not properly attend to his

mother's medical needs due to the fact that the other party involved in the

accident was Ofc. Claude's relative.

Recommendations:

1. Close as No Finding for Improper Procedure; the Litigation/Investigations

Specialist contacted Cx who stated that he was satisfied that an IA

investigation was conducted and he did not want the CIP to conduct an

investigation.

B.8 06-00927

Case: Carlos Cordovi IA 05-172S CIP 06-229


Joseph Balikes #0246

Allegations:

1. Discourtesy

Cx stated on August 5, 2005, Ofc. Balikes stopped him, used profanity, and

pulled on both of his ears.

B.9 06-00929



Recommendations:

1. Close as No Finding for Discourtesy; the Litigation/Investigation Specialist

spoke with Cx's sister and grandmother, and left messages for Cx. Cx has not

contacted the CIP.

Case: Franklin Browns IA 02-418S CIP 06-099


Paul Rodriguez #6119

Allegations:


Cx stated during an altercation with another juvenile, Ofc. Rodriguez pepper

sprayed Cx and two others, and did not report the incident.

Recommendations:

1. Close as No Finding for Improper Procedure; Ofc. Rodriguez has retired

from MPD.

B.10 06-00931

Case: Vinco Bethel IA 03-267S CIP 06-073


Timothy Marks [no longer employed by MPD]

Allegations:

1. Harassment/racial profiling

Cx sated on July 20, 2003, Ofc. Marks issued him a summons for improper use

of the horn. Cx stated that the reason he was stopped and issued a summons

was because of the color of his skin.

Recommendations:

1. Close as No Finding for Harassment/racial profiling; Ofc. Marks is no longer

employed by MPD. Additionally, the Litigation/Investigations Specialist spoke

with Cx who stated that he was satisfied with the IA investigation and that the

CIP could close the case.

B.11 06-00933

Case: City of Miami (James) IA 05-080 CIP 06-204


Paul James #3378

Allegations:

1. Discharge of Firearm

On April 7, 2005, Ofc. James discharged his city issued weapon at a dog that

attacked him. The dog was fatally wounded as a result of the discharge.

Recommendations:

1. Close as Exonerated; the discharge of firearm was within MPD's policies and

B.12 06-00935



procedures.

Case: City of Miami (Pino) IA 05-064 CIP 06-203


Julio Pino #5651

Allegations:

1. Discharge of Firearm

On March 17, 2005, Sgt. Pino chased Barbaro Crème. During the foot chase,

Sgt. Pino was confronted by a boxer/pit bull mix breed dog. Sgt. Pino

discharged his firearm once at the dog and missed.

Recommendations:

1. Close as Exonerated; the discharge of firearm was within MPD's policies and

procedures.

B.13 06-00937

Case: City of Miami (Rios) IA 02-178 CIP 06-142


Christian Rios #5987

Allegations:

1. Misconduct

2. Discourtesy

On June 2, 2002, Ofc. Rios was involved in a physical altercation with his

girlfriend, Belkys Bayona.

Recommendations:

1. Case should be closed as No Finding for Misconduct.

2. Case should be closed as Sustained for Discourtesy.

The CIP investigator contacted Ms. Bayona who stated that she did not want

the CIP to conduct an investigation.

B.14 06-00939

Case: Urania Dona IA 05-046S CIP 06-213


Natalie Wilcox #6539

Stanley Winfrey #3486

Allegations:


Cx stated on March 27, 2005, her husband, Mr. Flores, was in the process of

dropping his son off at the mother's house when a verbal altercation ensued

between Mr. Flores and his ex-girlfriend, Mrs. Cooper. Cx stated that Mrs.

Cooper picked up a rock and threw it at their car. Cx stated when Ofc. Winfrey

and Ofc. Wilcox arrived, they were rude, seemed uninterested in what they had

B.15 06-00941



to say, and ignored the witness. Cx stated that the officers did not write a

police report.

Recommendations:

1. Close as No Finding for Improper Procedure; the Litigation/Investigations

Specialist contacted Cx who stated that the conflict between her and her

husband's ex-girlfriend has been resolved, she was satisfied that an IA

investigation was conducted, and she did not want the CIP to conduct an

investigation.

Case: Sonia Hernandez IA 04-046 CIP 05-077


Alfredo Alvarez #0128 *

Allegations:


Cx stated on February 7, 2004, she was arrested by Sgt. Alvarez. Cx stated

that Sgt. Alvarez placed the handcuffs on her wrist too tight, which caused her

hands to turn purple and numb, and caused her to faint. Cx stated that she

now has numbness in her hands.

Recommendations:

1. Close as No Finding for Abusive Treatment; the CIP investigator was unable

to locate Cx.


While unable to locate Cx, the CIP investigator reviewed the taped statements

from IA. The IA investigator did not seem concerned about Cx's complaint,

rather, he focused on discrediting her statements. This is another Quality of

Life Task Force case. Recommend that the Policy and Procedures

Subcommittee review the Standard Operating Procedures and any

Departmental Orders for this task force. There have been a large number of

complaints regarding the manner in which the officers conduct themselves

during these operations. This is the second IA complaint where IA did not

seem to give credence to the complaint.

B.16 06-00943

Case: Carolyn Johnson IA 05-215S CIP 06-243


Alberto Perez #5646

Allegations:

1. Discourtesy

Cx stated on October 4, 2005, her son was arrested. Cx stated that as Ofc.

Perez was walking her handcuffed son to the police car, Cx asked what was

happening and Ofc. Perez used profanity.

Recommendations:

B.17 06-00946



1. Close as No Finding for Discourtesy; the Litigation/Investigations Specialist

contacted Cx who stated that she did not have any witnesses and that the CIP

should close the case.

Case: Gary Michael Josephson IA 04-160 CIP 06-167


Lazaro Alfonso #0084

Hector Bergnes #0359

Allegations:


Cx stated on April 26, 2004, Ofc. Alfonso and Ofc. Bergnes disposed of his

clothing and medication during a clean up operation of Spoil Island.

Recommendations:

1. Close as No Finding for Improper Procedure; Cx was the complainant is

another case (05-159-CIP). Cx was homeless and the CIP investigator was

unable to locate him.

B.18 06-00948

Case: Reyna Lopez IA 02-389 CIP 04-087


Mayree Morin #4487

Allegations:


2. Discourtesy

Cx stated on October 4, 2002, Ofc. Morin spoke to her in an abusive manner,

pushed her on to the bed, placed a gun on her head and arrested her

boyfriend.

Recommendations:


2. Close as No Finding for Discourtesy.

The CIP investigator was unable to located Cx. It should be noted that Ofc.

Morin was very cooperative, provided a statement to the CIP investigator, and

denied pointing a gun at or striking Cx.

B.19 06-00950

Case: Officer Daisy Montes IA 01-410 CIP 06-090


Sgt. William Golding #2370 [Sgt. Golding has retired from MPD]

Allegations:

1. Sexual Harassment

Cx went to the Internal Affairs office on December 20, 2001 to file a complaint

B.20 06-00952



of sexual harassment against Sgt. Golding.

Recommendations:

1. Close as No Finding for Sexual Harassment.

The Chief Investigator spoke with Maria Ferrer-Miralles with the City of Miami's

Equal Opportunity/Diversity Programs Division. Ms. Ferrer-Miralles stated that

all sexual harassment complaints from the MPD are referred to their office.

She confirmed that Ofc. Montes filed a complaint in 2002. Additionally, Sgt.

Golding and Ofc. Montes have retired from MPD.


Sexual Harassment complaints are and should be filed as Information Only and

referred to the City of Miami's Equal Opportunity/Diversity Programs Division.

However, there should be a notation in the file indicating that it has been

referred.

Case: Manuel Pintado IA 04-111 CIP 06-079


Manuel Cabrera #0779

Allegations:

1. Harassment

On March 16, 2004, IA received a letter from Cx alleging that Ofc. Cabrera

harasses him and plants evidence on him in order to take him to jail.

Recommendations:

1. Close as No Finding for Harassment; the CIP investigator was unable to

locate Cx.

B.21 06-00954

Case: Lucy Hitchcock Seck CIP 06-110


Unknown

Allegations:

1. Violation of Freedom of Speech and Assembly

Cx stated on January 7, 2006, MPD's handling of the presence of two citizen's

groups at the Torch of Friendship for a permitted rally resulted in the

infringement of free speech. Cx stated that another citizen's group had an

extremely loud bull horn and turned their speakers towards Cx's group, thereby

preventing Cx's speakers from being heard or understood. Cx stated that MPD

officers did not take any action against the other group.

Recommendations:

1. Close as No Finding for Violation of Freedom of Speech and Assembly; Cx

withdrew her complaint.

B.22 06-00956



Case: Derek Williams CIP 02-008 IA 03-125S


Pierrre Roche #6005

Troy English #1745

Reginald Williams #7679

Allegations:


Cx stated on February 27, 2003, Ofc. Roche, Ofc. English and Ofc. Williams

forced their way in to his home, detained him for forty minutes, threatened to

arrest him, and violated his rights.

Recommendations:

1. Close as Exonerated for Improper Procedure; the CIP investigator spoke

with Cx who stated that there were no witnesses. Additionally, the officers

were responding to a burglary in progress and Cx matched the description.

B.23 06-00958

Case: Tanisha McClain IA 02-434 CIP 05-153*


Randy Hicks #3041

Allegations:

1. Misconduct

Cx stated on November 14, 2002, she was stopped by Ofc. Hicks for a traffic

violation. During the stop, Cx stated that Ofc. Hicks asked for her telephone

number, asked her out on a date and behaved inappropriately.

Recommendations:

1. Close as No Finding for Misconduct; Cx has not made herself available to

the CIP.

Staff Observations:

1. Detective Colina was the IA investigator in this case. Detective Colina also

conducted the investigation into the Corine Munnings (05-154-CIP) complaint

involving the same officer and the same allegations, which occurred three

weeks prior to this incident. Detective Colina did not conduct a thorough

investigation and should have, in light of the Corine Munnings case. Radio

transmissions were never checked, Cx's cellular phone records were never

reviewed, Ofc. Hicks' daily worksheet was not obtained, and there is no

indication that anyone from IA ever went to the club to verify if there was a

curtain blocking the view of the dancers from the area where food is ordered.

2. Ofc. Hicks should have been counseled regarding his behavior and the

appearance of a police officer going into a strip club in uniform in a non-official

capacity.

B.24 06-00960



Case: Corine Munnings IA 02-358 CIP 05-154*


Randy Hicks #3042

Allegations:

1. Misconduct

Cx stated on October 8, 2002, Ofc. Hicks followed Cx in his marked police car

to her place of residence, made inappropriate and unwelcome remarks to Cx,

followed Cx to her apartment door, and hugged Cx when she extended her arm

to shake his hand.

Recommendations:

1. Close as Sustained for Misconduct; Ofc. Hicks received a reprimand and

according to an email from George Wysong, a forfeiture of 80 hours.

Staff Observation:

A similar complaint was filed against Ofc. Hicks on November 16, 2002. That

complaint was investigated by the same IA investigator and found to be

Inconclusive. IA investigators should review an officer's history and consider

similar allegations of misconduct while conducting an investigation.

Staff Recommendation:

There was no record of the forfeiture of 80 hours at DDRB. This information

was obtained via email from George Wysong. There is no indication on Ofc.

Hicks' profile that he received the 80 hour forfeiture. A letter should be sent to

MPD to ensure that the 80 hour forfeiture is included on Ofc. Hicks' profile and

in his record.

B.25 06-00962

Case: Meredith Patterson IA 05-096N CIP 06-033


Robert Laurenceau #3898

Allegations:

1. Discourtesy

Cx stated on April 26, 2005, Ofc. Laurenceau pointed his finger aggressively at

her and her husband and began to yell at them.


1. This case should be sent back to IA in order to obtain Ofc. Laurenceau's

statement. IA classified this complaint as a non-complaint, never conducted an

investigation and never obtained Ofc. Laurenceau's statement.

B.26 06-00964



Case: Ray Abbassi IA 02-340 CIP 04-076


Robert Couseillant #1233

Allegations:


2. Discourtesy

3. Improper Procedure (CIP)

Cx stated on September 27, 2002, Ofc. Couseillant stopped him for a traffic

violation. During the traffic stop, Cx stated that Ofc. Couseillant grabbed Cx's

cellular phone and threw it back into Cx's vehicle, threw Cx against the police

vehicle, arrested Cx, was rude, used profanity. During the course of the case

review and investigation, the CIP uncovered an additional allegation of

improper procedure regarding the towing of Cx's vehicle after he was arrested.

Recommendations:

1. Close as Not Sustained for Abusive Treatment; there were no independent

witnesses.

2. Close as Not Sustained for Discourtesy; there were no independent

witnesses.

3. Close as Sustained for Improper Procedure; Ofc. Couseillant was in violation

of DO 2.4.3.18.1 and DO 9.4.3.3. Cx should have been afforded the

opportunity to release the vehicle into his wife's custody rather than have the

vehicle towed.


This case should be sent back to MPD and request that Chief Timoney

conduct further investigation into the additional allegation of Improper

Procedure regarding DO 2.4.3.18.1 and DO 9.4.3.3.

B.27 06-00985

Case: Ronald Bain IA 01-402 CIP 06-083


Schonton Fordham #2014

Jean Paul #3461

Herold Cummings #1260

Allegations:

1. Abusive Treatment (Fordham)

2. Abusive Treatment (Paul and Cummings)

Cx stated on December 7, 2001, Ofc. Cummings and Ofc. Paul beat him while

Ofc. Fordham sprayed him with OC spray for no reason. Cx stated that he

was arrested and sustained broken ribs and bruises due to the beating.

Recommendations:

1. Close as Exonerated for Abusive Treatment against Ofc.Fordham; Ofc.

B.28 06-00990



Fordham OC sprayed Cx after he became violent and resisted arrest.

2. Close as Unfounded for Abusive Treatment against Ofc. Paul and Ofc.

Cummings; a witness stated that Ofc. Paul and Ofc. Cummings did not beat Cx

in the ribs and medical records revealed that Cx did not sustain any broken

ribs.

Case: Jean Bermadotte IA 05-147 CIP 06-185


Unknown

Allegations:


Cx stated that on June 17, 2005, he was arrested by Ofc. Gonzalez. Cx stated

that prior to his arrest, unknown police officers forced him to the ground, put

their foot on his head and stepped on him several times.

Recommendations:

1. Close as No Finding for Abusive Treatment; the CIP investigator was unable

to locate Cx after all reasonable attempts were made.

B.29 06-00993

Case: City of Miami (Levy) IA 04-002 CIP 06-161


Michael Levy, Jr. #3963

Allegations:

1. Misconduct

2. Improper Procedure (IA)

3. Misconduct (IA)

On January 2, 2004, Ms. Aidiliy Elviro alleged that Ofc. Levy followed her to the

Landmark Inn while he was in his police uniform and attempted to force her to

leave the hotel with him. Ofc. Levy was arrested for domestic simple battery by

the Fort Lauderdale Police Department. During the course of the investigation,

IA lodged an additional allegation of Misconduct against Ofc. Levy for following

Cx while in his police uniform and Improper Procedure for wearing his full

police uniform, while off duty and not conducting official police business.

Recommendations:

1. Close as Unfounded for Misconduct; Ms. Elviro testified in a sworn affidavit

that Ofc. Levy never threatened her.

2. Close as Sustained for Improper Procedure; Ofc. Levy admitted to being in

his full police uniform, off duty when the incident occurred in Ft. Lauderdale

and was not conducting official police business.

3. Close as Sustained for Misconduct; Ofc. Levy, after seeing Ms. Elviro

outside her work and discovering that she was not in harms way, followed her

to another location wherein events transpired bringing discredit to Ofc. Levy as

a representative of MPD in uniform.

B.30 06-00995



Ofc. Levy received a reprimand as a result of this case.

Case: Lou Dickstein IA 04-076S CIP 06-262


Willie Messer #4729

Allegations:

1. Negligence of Duty

Cx stated on January 18, 2004, Ofc. Messer would not assist or cooperate with

Cirque Security or Extreme Network Security while working an off duty job at

the Cirque Du Soleil.

Recommendations:

1. Close as No Finding for Negligence of Duty; the Litigation/Investigation

Specialist attempted to contact Cx and left numerous messages. Cx has not

made himself available to the CIP and did not provide an address in his

complaint to IA.

B.31 06-00997

Case: Javier Gomez IA 02-281 CIP 04-059


Abel Costa #1227

Allegations:



Cx stated on February 24, 2002, Ofc. Costa accused him of stealing a bottle of

alcohol from a party. Cx stated that Ofc. Costa and an officer from MDPD

became aggressive, threatened and assaulted him. During the course of the

investigation, IA uncovered an additional allegation of improper procedure

against Ofc. Costa.

Recommendations:



The CIP investigator contacted Cx who stated that he did not want the CIP to

conduct an investigation. However, Cx refused to sign a Discontinue

Investigation form.

B.32 06-01000

Case: George Joseph IA 01-379 CIP 06-089


Odney Belfort #0332

Allegations:


B.33 06-01002




Cx stated on November 13, 2001,Ofc. Belfort grabbed him by his shirt and

threw him to the ground. Cx stated that Ofc. Belfort used profanity and

slammed the left side of his face to the ground and dragged it on the cement

causing abrasions to his face. Cx stated that Ofc. St. Jules and Ofc. Sears

witnessed the incident. During the course of the investigation, IA lodged an

additional allegation of Improper Procedure against Ofc. Belfort for failure to

complete a Sick or Injured Person report.

Recommendations:

1. Close as Not Sustained for Abusive Treatment; A CIP investigator spoke to

Cx who stated there were no witnesses.

2. Close as Sustained for Improper Procedure; Ofc. Belfort did not complete a

Sick or Injured Person report and received a reprimand.


This case should be referred back to IA for further review. This case was

closed as cleared for Abusive Treatment by IA based on the statements of

MPD officers, who are not independent witnesses. There is also conflicting

testimony provided by Ofc. Sears and Sgt. Schillaci. Ofc. Sears stated,"he saw

Mr. Joseph rubbing his own face into the ground therefore sustaining friction

burns to his face." Sgt. Schillaci stated,"Ofc. Sears explained Mr. Joseph was

arrested by Officer Belfort and in an attempt to resist being cuffed, Mr. Joseph

had pulled away scraping his face on the ground." IA should consider a finding

of Inconclusive for Abusive Treatment.

Case: Orlando McRae IA 04-260 CIP 06-109


Milton McKinnon #4651 *

Gregory Pelham #5618

Stanley Jean Poix #3486 **

Allegations:


Cx stated on February 13, 2004, he was slapped, punched and kicked by

several City of Miami police officers after they falsely arrested him for inciting a

riot, unlawful assembly and disobeying a police order.

Recommendations:

1. Close as No Finding for Abusive Treatment; a CIP investigator spoke with

Cx who stated that he did not want the CIP to conduct an investigation and Cx

signed a Discontinue Investigation form.

Complaints Committee Recommendation:

The Policy and Procedures Committe should review the MPD's policies

governing mini-stations.

B.34 06-01004



Case: Abdul Mujib IA 01-398 CIP 06-082


Kevin Harrison #2823

Allegations:

1. Discourtesy

On November 29, 2001, Cx stated that he had requested a police officer at

Bayside because several juveniles had thrown rocks at his taxi cab. Ofc.

Harrison responded to the incident. Cx stated that after he told Ofc. Harrison

what had occurred, Ofc. Harrison stated that it was okay for people to throw

rocks at him because he looked Indian or Arab.

Recommendations:

1. Close as Not Sustained for Discourtesy; there are no independent

witnesses. The CIP investigator reviewed the taped statements taken from IA

and found them to be consistent with what was written in the IA report.

B.35 06-01006

Case: Albert Rios CIP 06-025


Unknown

Allegations:


Cx stated on September 3, 2005, he was the victim of a felony battery. Cx

stated that he was not satisfied with how MPD is handling his case.

Recommendations:

1. Close as No Finding for Improper Procedure; Cx's complaint stems from an

incident where he was the victim of a felony battery. Cx wants to proceed with

the case but the SAO's has a requirement that the felony be investigated by

MPD. MPD has attempted to contact Cx but Cx has not cooperated.

B.36 06-01010

Case: Patrick Stewart IA 04-305 CIP 05-116


Jesus Tourino #7144

Melissa Buhrmaster #0715

Allegations:

1. Discourtesy

Cx stated on December 2, 2004, Ofc. Tourino and Ofc. Buhrmaster pulled him

over. Cx stated that Ofc. Tourino used profanity, verbally harassed him and

threatened to arrest his co-worker.

Recommendations:

B.37 06-01012



1. Close as No Finding for Discourtesy; Cx has not made himself available to

the CIP or the CIP investigator. Additionally, the CIP was unable to locate Cx's

witness, Mr. Dixon.

Complaint Committee Observations:

Sgt. Baralt conducted the investigation into the complaint. In the IA case

summary, Sgt Baralt writes "After talking to Mr. Stewart for more than one-half

hour, I truly believed that I had successfully assuaged his concerns pertaining

to the interaction between him and Officers Tourino and Burhmaster." This is

of particular concern as the committee has heard complaints that MPD and IA

are deterring complaints.

Case: Rudolph Powell IA 05-208 CIP 06-158


Keith Cunningham #1299

Emanuel Prospere #5803 *

Allegations:

1. Misconduct


Cx stated on September 16, 2005, Sgt. Cunningham falsely arrested him and

ordered Ofc. Prospere and another officer to enter his apartment without

consent. When Cx returned to his apartment, seven thousand dollars was

missing from his dresser.

Recommendations:

1. Close as No Finding for Misconduct.


The CIP investigator spoke with Cx who stated that he did not want to proceed

with an investigation and signed a Discontinue Investigation form.

B.38 06-01015

Case: Terrance D. Rothman CIP 06-154


Emiliano Tamayo #6927

Allegations:

1. False Arrest

During the CIP's public hearing on January 15, 2004, Cx stated that he was

falsely arrested and barred from entering City Hall because of his views on the

FTAA.

Recommendations:

1. Close as No Finding for False Arrest; the CIP investigator was unable to

locate Cx, who is homeless. Cx was arrested for Threats on a Public Servant

and Telephone Threats. His case was adjudicated as No Action on November

5, 2003.

B.39 06-01017



MIAMI POLICE DEPARTMENTAL ORDERS REVISIONSC.

D.O. 2 Chapter 5 - Incident Tracking System (5/09/06)

Recommendation: Letter to be sent to MPD seeking clarification as to the use

of two separate memoranda to be generated as to the review done by the

Section Commander of the conduct leading to the subject officer's appearance

on the Incident Tracking System (ITS).

C.1 06-01094

Attachments: D.O. 2 Chapter 5 Incident Tracking System 5-09-06.mdi

D.O. 6 Chapter 8 Sworn Personnel Promotions (5/09/06)

Recommendation: Await response to letter sent to MPD that included

questions arising from CIP discussion of 5/16/06,

.

C.2 06-01097

Attachments: D.O. 6 Chapter 8 - Sworn Personnel Promotions 5-09-06.mdi

[ D.O. 1 Chapter 11 Rules and Regulations (Discharge of Firearms

Restrictions).

· Recommendation: Letter to MPD to include language that the CIP notes

that this change is one the need for which was called to the attention of the

department as early as 12/04, and then again in 11/05 and 12/05.

C.3 06-01104

Attachments: D.O. 1, Chapter 11 - Firearms 5-09-06.mdi

D.O 3 Chapters 1-4. Special Investigations Section.

Recommendation; The changes are not likely to be the subject of CIP review,

however the revision package contained an "Original" document different from

the copy on file with the CIP, suggesting that a revision had been made without

affording the CIP the opportunity to review same. The letter to MPD is to ask

for clarification.

C.4 06-01103

Attachments: D.O. 3, Chapters 1-4 Special Investigations Section 5-09-06.mdi

D.O. 11 Chapter 1 Patrol.

Changes concerning the assignment of command level personnel; no position

recommended.

C.5 06-01102

Attachments: D.O. 11, Chapter 1 - Patrol 5-09-06.mdi

D.O. 8 Chapter 11 Cellular Telephone Management.

Administrative changes to an order concerning behavior not likely to be the

subject of CIP review; no position recommended.

C.6 06-01101

Attachments: D.O. 8, Chapter 11 - Cellular Telephone Management 5-09-06.mdi


http://egov.ci.miami.fl.us/Legistarweb/Attachments/25834.mdi







D.O. 11 Chapter 11 Crisis Intervention.

Recommendation: Revision effects an expansion of an exemplary program for

dealing with crisis situations involving the mentally ill or persons with emotional

disorders, and the letter to MPD should include language commending the

efforts here.

C.7 06-01100

Attachments: D.O. 11 Chapter 11 - Crisis Intervention Team 5-09-06.mdi

D.O. 6 Chapter 19 Bias Based Profiling.

Typographical error only; no change likely to result in behavior of concern to

the Panel. No position recommended.

C.8 06-01099

Attachments: D.O. 6 Chapter 19 - Bias Based Profiling (Training Unit) 5-09-06.mdi

D.O. 6 Chapter 16 Grievance Procedures.

Change(s) made not likely to be the subject of CIP review; no position

recommended.

C.9 06-01098

Attachments: D.O. 6 Chapter 16 - Grievance Procedures 5-09-06.mdi

OUTREACH ACTIVITIESD.

ANNOUNCEMENTSE.

E.1 NACOLE 2006 Conference (September 25-28) Boise, Idaho

E.2 Broadcasting of Complaint Subcommittee Meetings

E.3 FTAA Final Report

E.4 CIP Retreat

E.5 Florida Attorney General 21st Annual Conference on Preventing

Crime in the Black Community

E.6 Next Meeting August 15th, 2006, 5:00PM Miami City Hall

ADJOURNMENTF.





city of miamiegov.ci.miami.fl.us/meetings/2006/6/1316_a_civilian...take prisoners, supervisor's...

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