menocal-investigation.pdf

( .,.,. •CITY OF MIAMI. FLORIDA ·1

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r- DATE: May 23• 1985ft~- INTER"()FFI~DUM 8:3..

TO, Colonel Kenneth R. HarrisonCcmmnderOperations Support Section

,,~c, PER 15-3

SUBJECT, ror.rcs OFFICER APPLlCAN!'REn. 5Al - FOS •. #35

"'''0''': REFERENCES,· JESilS,;~ ". " c ....

ENCLOSUIUS,

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. . .'Ibis applicant bad been approved on August 27, 1982, for inclUsion in thenext available ..mE Class. However, prior to the start date of that class,info:mi8.tion was~aevelopect which implicated the applicant in the illicit·drug trade. '!bere was anple evidence to indicate that the applicant wouldbe a poor risk.for -.the.position of Police Officer due to his involv~nt .with a"'driJg t~fi~er~ : .~. "

On May 22, 1985, the Personnel Selection Board-consisting of Sgt. T. S~tcher',.Sgt. G. Boyd, .and Lt •. A. lbral!~nvened.t(). .re-coasdder .the file in .lightof this info~:t.;'o~ •.:-;·~;t~~1!~libeii:~~on of the;above, ~the Bo~:f~ ,.;mended .the rEDDval'of "Jesus 'V.enocal' s name fran consdderatdon for the .positionof Police Of:ticer~';-, ..' ' ..

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.~~~ .CITY OF MIAMI. FI..OR~I:!: ;;"A>~.r MAY 2 4 1985

INTER'()FFICE MEMORANDUM - .--r, .1

Angela R. Bellamy, DirectorDept. of HumanResources

">. OATE: "'I.E: PER 15-3

('lbru ~.f~s:...FROM~enneth R. .Harrison

CarmanderOperations Support Section

SUBJECT, roues OFFICER APPLICANTREG. 5Al - POS. #35~~. DATE: 5/19/82

REFERENCES: JESUS MENOCAL1i:. __ ... _.:;.A..;oi...,j'.Z:{.u."_:"" ........

ENCLOSURES:

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After a thorough review of the file of Police Officer AppL Menocal,it is evident that the applicant does not meet the minimumstandards foremployment with the City of Miami Police Department.

. _ -'='~if", -:r.-:-:.. ~··;·~;.'~.:.' . ', ~.~~ .... >, ":'.'. : ,,' . ;:_ _...- "\.:,_.~ . :1'Therefore, I request that-· ~':~~~ ..M~~al. . ~:: _nanie-~beremoved from the

• current Civil Service--Recii.s:ter ,~for·the 'position _of Po1.ic~;_Offi~r.'. ''; . ·f.!'·.~··.:l'.-__·_. . -.~' .. ,' ... _....~:tr.': .......

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CITY OF MIAMI 't ))f;'" ." ,/.~• FLORIDA 'l-

INTER.QFFICE MEMORA vn. ~ ~1.NDU ~ ,..-/i-It zkh

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TO: Major John S. RossCommanderInternal Securit unitd '2?'~-~

FROM:Lt. Migue A. EXPO~InvestigatorInternal Security unit

e- DATE:June 22, 1984' \

\FILE:

SU~E~I.S. # 7842X

REFERENCES:Officer Ignacio Menocaland Police Applicant Jesus

ENCLOSURES:Menocal

ALLEGATION:On December 20, 1982, a confidential informant was introducedto members of the Internal Security unit. The C.I. providedthe Internal Security investigators with information implicat-ing Officer· Ignacio·Menocal·in illegal activities. Accordingto the C.l., approximately seven or eight months prior, hehad been present when Officer Ignacio .Menocal .appeared . atJthehome "of.a "narcotics---dea'lerwi t,h'-some 1 cocaine .that"he hadripped-off from'-ra-buyez , The buyer had just previouslypurchased the contraband from the narcotics dealer. The C.I.~lleged that Officer Menocal received between $10,000 andi$15,000 as payment'from the narcotics dealer for having. Ireturned the cocaine •

...,.. It is also alleged that Miami Police Applicant Jesus Menocalagreed to act as a lookout, for the C.,I.dur'Lnq a narcoticstransaction and ,that"he ~greed to arrange for'an individualto pull a narcotics rip-off for the C.I.PERSONS INTERVIE~'izD:'

~ 1. Julio Gambino (the C.I.'s assumed name). Address andtelephone number in S.I.S. files.

2. Officer Ignacio Manocal Miami Police Department 579-6668

SUMMARY OF STATEMENTS OF PERSONS INTERVIEWED:Julio Gambino - December 20, 1982

Julio Gambino's statement was taken and summarized byLieutenant Miguel Exposi~o. Present during the takingof the statement was Sergeant T.O. Sparrow of the InternalSecurity Unit.

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Major John S. Ross, CommanderInternal Security Unit

I.S. Case No. 7842X

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Julio ,.Gambinostated that he had made a living by testingcocaine for drug dealers and buyers. According to Gambino,approximately seven or eight months prior, he went to thehorne of a drug dealer by the name of Luis Vasquez Hernandez.Gambino stated that his reasons for going to Hernandez'shorne on that occasion was to test some cocaine for a buyerand to act as a broker in the deal. According to Gambino,the buyer was the owner of two restaurants located in NewYork City. Gambino stated that he arrived at Hernandez'shorne prior to the arrival of the buyer. After his (Gambino's)arrival at Hernandez's horne, Hernandez asked him if he wouldobject if the buyer was ripped-off of the cocaine that hewas going to buy from him after he left the house. Accordingto Gambino, he really did not care one way or the ot.herand he made that known to Hernandez. Gambino stated thata short time after his arrival the buyer pulled up to the housedriving a blue rental 1981 Impala. According to Gambino,there were four other persons in the residence at the time,including the owner of another restaurant in Miami. Gambinostated that after testing the cocaine for the buyer, thebuyer and Hernandez agreed to make a deal, and the buyerbought one kilo for $51,900. According to Gambino, thebuyer left Hernandez's home prior to his leaving. Approx-imately one hour after the buyer left, Officer Ignac~oMenocal arrived at Hernandez's horne in full City of MiamiPolice uniform carrying the same package of cocaine thatthe buyer had left with earlier. Gambino stated that ,herecognized Officer Menocal because his twin brother, JesusJwas a bodyguard for him (Gambino) when he lived at theMutiny Hotel. According to Gambino, Luis Vasquez Hernandezpaid Officer Menocal between $10, 000 and $15,000 from thesame money that the "buyer had paid him for the kilo with.Officer Ignacio r.ienocal-,February 27, '19,84'- '{'i'.aped/Sworn).

.... Officer Menocal's statement was taken and summarized byLieutenant Miguel Exposito. Sergeant Louis Gonzalez waspresent during the interview.Officer Menocal was advised that an allegation had beenm~de against'him by Julio Gambino, and that the allegationwas that he had participated in a narcotics rip-off in1982. Officer Menocal stated that he did not know JulioGambino and that he had n~ver come in contact with anyonewearing many gold rings. Officer Menocal also stated thathe did not know anyone bY,the name of Luis Vasquez Hernandezand that he had not ripped-off any narcotics from anyone, nortransported the same. Officer Menocal stated that he didnot know why Julio Gambino would accuse him of stealingcocaine.

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Major John S. Ross, CommanderInternal Security unit

I.S. Case No. 7842X

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(At this point, 'the taped conversation of Gambino'smeeting with 'officer'Menocal" at :'theAirpor.t MarriottHotel was played for Officer Menocal. -Conversation 1.)After hearing the conversation, Officer Menocal statedthat in retrospect he now recalled meeting Julio Gambino,and that he now remembered his conversation with Gambino.According to Officer Menocal, that had been his first andonly encounter with Julio Gambino. Officer Menocal statedthat his brother had warned him prior to his conversationwith Gambino at the Marriott that 'Gambino was no good.Officer Menocal further stated that he gave Gambino hishome telephone number because he did not know what propositionGambino was going to offer. He stated he felt Gambino wasgoing to offer him an off-duty job. According to OfficerMenocal, he never he,ard from Gambino again and Gambinonever called his bro'cher, Officer Menocal stated thatafter his meeting with Gambino at the Marriott, his brotherrepeated the fact that Gambino was bad news, so he changedhis phone number so that Gambino could not recontact him.Officer Menocal stated that he did say to Gambino not tocall him at work or those people would find out. Accordingto Officer Menocal, he had no explanation as to what itwas that he did not want the station to find out about.Officer Menocal stated that maybe he had made that commentto Gambino because he did not want the Department to findout that someone of Gambino's background would call him.Officer Menocal stated that he was aware that a "tumbe"was the spanish equivalent of rip-off. Officer Menocalfurther stated that he could not recall Gambino mentioninga "tumbe" to him in their conversation. Officer Menocalstated that he did not report his conversation with Gambinoto a supervisor or Internal Security because he did notwapt to get in trouble. Officer Menocal further statedthat he did mention his conversation with Gambino to anS.I.S. officer during an off-duty job at the Knights ofColumbus Hall. Officer Menocal reiterated the fact that henever heard from Gambino again, neither in person nor bytelephone.(At this point, a subsequently taped telephone conversationbetween Julio Gambino and Officer Menocal was played forOfficer Menocal. ,Conversation 3.) Af~er hearing theconversation, Officer Menocal stated that he could notrecall the conversation previously, but he did rememberi·tnow. Officer Menocal further stated that he hadreferred Gambino to his brother because his brother wantedto talk to Gambino about some money owed to him. OfficerMenocal stated that he could not explain what he meantwhen he said to Gambino to speak to his brother, and hisbrother would in turn let him know. According to Officer

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Major John S. Ross, CommanderInternal security Unit

I.S. Case No. 7842X/

, 0'Menocal, maybe what he meant by that comment was thatGambino tell his brother if he had an off-duty job, andhis brother would in turn advise him. Officer Menocalstated that maybe he was just brushing off Gambino byreferring him to his brother. -(At thi_spoint, a subsequently taped telephone conversationbetween Juilo Gambino and Officer Menocal was played.Conversation 6.) .Officer Menocal once again stated that hecould not remember the conversation previously, but that herecalled the conversation now. Officer Menocal' stated thatafter the previous call, in which he told Gambino to callhis brother, Gambino did speak with his brother. OfficerMenocal further stated that his brother called him afterspeaking with Gambino, and his brother advised him that manybad people, including dopers were looking for Gambino.According to Officer Menocal, his brother also told him thatGambino wanted them to work for him as bodyguards, and thatall they would have to do was to walk around with him.Officer Menocal stated that his brother advised Gambinothat they_were not interested in that type of.w0rk. Of£i~erMenocal stated that when he called Gambino in this lastcall, he also advised Gambino that they were not interestedand that his brother was going to become a police officer.According to Officer Menocal, he did not mean anythingillegal when he told Gambino that they.were not interestedin "anything for now but he'd keep anything in mind".Officer Menocal stated that he was just brushing Gambinooff, not that he would consider doing something in thefuture. Officer Menocal further stated that the only reasonwhy he told Gambino to contact his brother is so that hisbrother could tell him to get out of their lives. Accordingto Officer Menocal, his brother never told him that he hadspoken to Gambino about any illegal activities. Officer

... Menocal stated that his brother told him that Gambino justwanted them to be bodyguards for fifty dollars. OfficerMenocal further stated that his brother never mentionedto him that he and Gambino had spoken about pulling arip-off, or acting as a lookout in a drug deal. Accordingto Officer Menocal ,-'his brother may have spoken to Gambinoabout pulling a rip-off or acting as a lookout in a drug~deal, but talking about it and doing it.are two different.things. Officer Menocal stated that his brother would neverhave done anything and he'definitely would not do it either.

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Major John S. Ross, CommanderInternallSecurity

It I.S. Case No. 7842X

Officer Menocal further stated that he could not figureout how the Police Department would take the time to·listen to someone like Gambino, who was obviously settinghim up, when there were other police officers out theredoing things wrong. Officer Menoca~ stated that he didnot mention his conversations with Gambino to a supervisoror Internal Security because he did not want to get in-volved. Officer Menocal also stated that he was afriadthat Julio Gambino would kill him if he mentioned it tosomeone else.

Officer Menocal stated that he would not submit to aPolygraph examination concerning the facts covered inhis statement.

SUMMARY OF TAPED CONVERSATIONS:

Converstaion 1: Meeting at the .fv1arriottHotel - January 23, 1983

On January 23, 1983 at 0029 hours, Julio Gambino made contactwith Officer Ignaci,oMenocal at the Miami Airport MarriottHotel (1201 N.W. 42 Ave.). The conversation was monitoredby Lieutenant Exposito and Sergeant T.•Seaman.

After introducing himself to Officer l-1enocal,Gambino advisedOfficer Menocal that he had met him previously at My~a'shouse and that his brother (Officer Menocal's) had also beena bodyguard for him. Gambino then proceeded to tell OfficerMenocal that he had a business deal for he and his brother,and that they could make some extra money. Officer Menocalstated to Gambino that he was aware of what Gambino did fora living and he inquired if the proposition -LnvoLved some-thing legal or illegal. Gambino advised Officer Menocalthat it involved a rip-off. (Note: It is not known ifOfficer Menocal heard the part of the conversation concerningthe rip-off because' he was-attempting to obtain a pen atthe time). Officer Menocal then gave Gambino his businesscard and a napkin with his home telephone number written onit. Officer Menocal also explained to Gambino that his ~brother, Jesus, lived in the same house. Gambino agreed tocall Officer ..Menocal at home in the near future. OfficerMenocal cautioned Gambino not to call him at the policestation or they (the Police Department) would find out whatthey had discussed.

Conversation 2: Telephone Conversation - January 27, 1983 - 1653 hr~

Julio Gambino called Officer Ignacio Menocal's residence andspoke to Jesus Menocal's wife. The telephone conversationwas monitored by Lieutenant M. Exposito.

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I.S. Case No. 7842X

Gambino asked for Ignacio Menocal. Jesus Menocal's wifestated that he had gone to the gym and she provided Gambinowith telephone number 261-7989.

Conversation 3: Telephone Conversation - January 27, 1983 - 1655 hrs

Julio Gambino called Officer Ignacio Menoca1 at telephone261-7989 (Prince He'a"'IthSpa). The telephone conversationwas monitored by Lieutenant M. Exposito.

After making contact, Officer Menocal advised Gambino tocall his brother, Jesus, at 377-1966. Officer Menocalalso advised Gambino that his brother wanted to talk to him.Officer Menocal told Gambino that once he spoke to hisbrother, his brother would call him and let him know whatthey d~scussed.

Conversation 4: Telephone Conversation - Januarv 27, 1983 1700 hrs

Julio Gambino called Police Applicant Jesus Menocal attelephone 377-1966 (Four Ambassadors Hotel). The tele-phone conversation was monitored by Lieutenant M. Exposito.

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Upon making contact with Jesus Menocal, Gambino explainedto him thati·.he had a proposition where he and his brothercould make some money. Menocal advised Gambino that hehad not been paid for the last time that they had worked~.together. Gambino explained to Menocal that the reasonwhy he had not been paid was because he (Gambino) had toleave with the package when things began to happen with thesecurity guard and the cocaine. Gambino advised Menocalthat he and his brother, howeve~ could make $5,000 each.Jesus Menocal told ~aJTlbj_nothat he wanted to find out firstif Gambin~o!.s.propos Lt.Lon would be beneficial 'to-hd.mbefore doing anything. He also stated that if he couldnot do it, he would get someone ,else who could do it forhim. Gambino and Jesus Menocal then agreed to meet at theFour Ambassadors Hotel.

Conversation" 5: Telephone Convers'ation - January 27,' '198'3' '- '1750' hr~

Julio Gambino called Police ~pplicant Jesus Menocal again "at telephone 377-1966 (Four Ambassadors Hotel). The tele-phone conversation was monitored by Lieutenant M. Exposito.

C.I. 466 advised Jesus Menocal that he could not meet withhim today due to the fact that something else had come up.Menocal asked Gambino if his proposition involved gettingsomeone or getting some drugs. Gambino advised him that it

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I.S. Case No. 7842X

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pertained to some cocaine. Menocal then cautioned Gambino 'not to talk about those things'A:!n.::the"tel~phone. After.~",~....f.being relieved by Gambino about talking on the telephone,"Menocal asked Gambino if he wanted the cocaine ripped-offor just moved from one place to another. Gambino explainedto Menocal that his intention was to sell the drug to apuyer and then have it ripped-off. G~ino also ,told Menocalthat it would be worth $10,'000 to him'to have that done.Menocal asked Gambino if the victim of the rip-off was amild-mannered person and if he was to be beaten up. Gambinoexplained to Menocal that the victim was mild-mannered andthat all that he wanted was to have the kilo of cocaineripped-off from him and brought back. Gambino also advised~.Menocal that his brother, Ignacio, had done the same thing':,-"'at Myra's house. Menocal asked Gambino how he knew that"his brother had done that and Gambino stated that he hadbeen present when it had occurred. Menocal then told ':._.Gambino that he was not interested in pulling the rip~off~'because his face was well known and because too many peoplewere watching him now. He, however, agreed, to act as a~.;~,lookout in a drug deal, so that in the event of any under-cover officers appearing, he could identify them forGambino. Menocal also recommended to Gambino that he dothe drug deal at the Four Ambassadors Hotel because he wasfamiliar with the surroundings and he knew where to hideand not be detected. Menocal assured Gambino that hisreasons for not pulling the drug rip-off was strictlybecause it was not beneficial to him. He also offered tofind someone with a badge that could do it. 'Menocal and'Gambino agreed to meet at a later date.

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Conversation 6: Telephone Conversation - January 27, 1983 -1755 hrs,Officer Ignacio Menocal called Julio Gambino back at

_ telephone number 573-9613. The telephone conversationwas monitored by Lieutenant M. Exposito.Officer Ignacio Menocal advised Gambino that he haddiscussed the matter with his brother and he had counselledhis brother not to get involved in anything. OfficerMenocal also advised Gambino that they were not really'"interested for now, but that he would k~ep anything in~mindanyway. Officer Menocal advised Gambino to go ahead andtalk to his brother in person anyway, but that they ,were'·:not interested.

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I.S. Case No. 7842X

"C·onversation 7: Te·lephone Conversation - Jan'uary 27, ·19·831810 hrs.Officer Ignacio Menocal called telephone number 573-9613and he unknowingly spoke to Lieutenant M. Exposito. OfficerMenocal believing·; that Lieutenant Exposito was just some-one standing near the pay phone, asked where that pay phonewas located.Conversation 8: Meeting at Castle Park - March 4, 1983•On March 4, 1983 at 1852 hours, .Julio Gambino niadewith Police Applicant Jesus Menocal at Castle Park(7775 N.W. 8 St.). The conversation was monitoredLieutenant M. Exposito and Sergeant T. Seaman.

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Upon their initial encounter, Gambino asked Jesus Menocalwhy he had left his job at the Four Ambassadors Hotel. .Menocal responded by advising Gambino that he was makingbetter money working at Castle Park. Gambino asked Menoc.alwhat he had decided to do concerning what he had mentionedto him during their previous conversations (pulling thedrug rip-off or acting as a lookout during a drug deal, sothat he could identify any undercover police officers).Jesus Menocal stated to Gambino that things were reallyhot in Miami now with all the Federal agents being broughthere as part of the Vice-Presidential Task Force. JesusMenocal went on to say that the narcotics business wasbad now with all the new faces in town. Menocal advisedGambino that due to the fact that things were so hot inMiami, he was not interested in becoming directly involvedin a rip-off or _being a lookout, but that he would 'bewilling to get someone with a badge to pull the rip-offfor him at such time as he would be hired-by the MiamiPolice Department. Menocal stated that he did not wantto jeopardize his chances of being hired.FACTS DRAWN FROM THE INVESTIGATION:1. Julio Gambino is an informant and an admitted cocaine

tester.2. On January 23, 1983, Gambino made contact with Officer

Ignacio Menocal at th~ Marriott Hotel. The conversationwas monitored and recorded.

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I.S. Case No. 7842X

3. Julio Gambino advised Officer Menocal that he hada business proposition, for'him.

4. Officer Menocal told Gambino that he was aware ofwhat Gambino did for a living and he inquired ifthe business proposition was legal or not. OfficerMenocal then provided Gambino with his horne tele-phone number" and he warned Gambino not to call himat work or "those people would find out".

5. On January 27, 1983 at 1655 hours, Julio Gambinocontacted Officer Menocal via the telephone. Thecall was monitored and taped. During the call,Officer Menocal directed Gambino to call his brother,Police Applicant Jesus Menocal.

6. Jesus Menocal had been Julio Gambino's bodyguardin the past.

7. On January 27, _19'83at 110,0 hours, 'Julio GambinO'-;contacted Poli,ce Applicant Jesus Me'nocal via thetel~phone. - The call was monitored and ~aped. Duringthe call, Gambino advised Menocal tha~~e had a businessproposition for him in which he and his brother couldmake $5,000 a piece. Menocal stated to G.~ino-thathe would have to find out if the proposition wouldbe beneficial to him prior to accepting it, but thatin any case if he oouLd not do it, he would get some-one else who could.

8. On January 27, 1983 at 1750 hours, Julio Gambinorecontacted Police Applic~nt Jesus Menocal via thetelephone. During the subs~quent cqnversation,Menocal inquired if Gambino. wan.ted him to get some-one or just get s.ome drugs. Gambino explained to'Menoca,l-that he needed for him to rip-off some 'cocaine. -Menocal then cautioned Ga,mbino not totalk about those things on the telephone and heinquired if the victim of the rip-off was to bebeaten.' When Gambino advised Menocal that it wouldnot be necessary to beat the victim; Menocal ~oldGambino that he was not interes,ted in a rip-of.f:Because his face was well known and.because too manypeople were watching 'him now due to his recent policeenlistment. Menocal however, agreed to act as alookout in a drug deal.

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I.S. Case No. 7842X

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9. On January 27, 1983 at 1755 hours, Officer IgnacioMenocal contacted Julio Gambino via the telephone.During the conversation, Officer Menocal told Gambinothat he had just talked to his brother and they haddecided not to get involved in anything. OfficerMenocal also advised Gambino that they were not reallyinterested in anything for now but that they wouldkeep it in mind anyway. Officer Menocal also toldGambino that it would be alright for him to contacthis brother in .person.

10. On January 27, 1983 at 1810 hours, Officer IgnacioMenocal called the pay phone from which Gambino hadspoken to him from, and he attempted to ascertainthe location of the same.

11. On March 4, 1983 at 1852 hours, Julio Gambino con-tacted Police Applicant Jesus Menocal at Castle ParkMiami. The conversation was monitored by InternalSecurity personnel. During the conversation, Menocalstated that things were really hot in Miami at thetime, with all the Federal agents that had been broughtin as part of the Vice-Presidential Task Force.Menocal also stated that due to the fact that thingswere so hot, he was not interested in becoming directlyinvolved in a drug rip-off or acting as a lookout,but that he would be willing to get someone witha badge for the rip-off at such time as he would be.hired by the Miami Police Department •

.12. On March 5, 1983, Officer Ignacio Menocal advised

S.l.S. Investigator Raymond Betancourt at an offduty job that his brother had been contacted by asubject named Julio Gambino and that Gambinowanted his brother to be a bodyguard for him. OfficerMenocal also advised Betancourt that he had warnedhis brother to stay away from Gambino. OfficerMenocal also inquired if Investigator Betancourtinvestigated other policemen as part of his dutiesin S.l.S., to which Betancourt responded that onlyon narcotic-related cases. Betancourt also warnedOfficer Menocal to stay. away from Gambino becausehe might be a doper.' Investigator Betancourt wrotea report concerning his conversation with OfficerMenocal.

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I.S. Case No. 7842X

"13. Officer Ignacio Menoca1 never advised a supervisor ,'.or Internal Security of his encounters with JulioGambino.

14. On March 6, 1984, Police Applicant Jesus Menoca1 '.was terminated from the roster as a viable candidatefor police officer with the Miami.Po1ice Department.This action took place as a direct result of thisinvestigation.

SUMMARY OF THE INVESTIGATION:

On December 20, 1982, Julio Gambino (an assumed name) wasintroduced to Internal Security investigators LieutenantMiguel Exposito and Sergeant T.O. Sparrow by other lawenforcement officers. Gambino had worked with several lawenforcement agencies previously and they were very impressedwith his work. Among the agencies that Gambino had workedwith were the Union County Prosecutor's Office in NewJersey, Metro-Dade O.C.B., Metro-Dade Auto Theft, the U.S.Postal Inspector's Office, and the U.S. Secret Service.During the initial meeting Julio Gambino provided theInternal Security investigators with the following information:

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Gambino stated that he tested cocaine for drug dealers andbuyers for a living. According to Gambino, approximatelyseven or eight months prior he went to the home of LuisVasquez Hernandez. According to Gambino, Hernandez is adrug dealer in Miami. Gambino stated that his reason forgoing to He~nandez's home on that occasion was to test somecocaine for a buyer and to act as a broker in the deal.Gambino stated that the buyer was the owner of two wellknown restaurants in New York City. According to Gambino,he arrived at Hernandez's home prior to the buyer's arrival.When he arrived, Hernandez asked him if he would objectif the buyer was ripped-off of the cocaine that he was goingto buy from him after he left the house. Gambino statedthat he advised Hernandez that he did not care one way orthe other. According to Gambino, a short time later thebuyer arrived at Hernandez's house driving a 1981 rentalImpala, blue in color. Gambino stated that there were fourother occupants in the house at the time, including theowner of another restaurant in Miami. According to Gambino,after testing the cocaine for the buyer, the buyer andHernandez agreed on a'price of $51,900 for one kilo andthe deal was consummated. Gambino stated that the buyerleft Hernandez's home prior to his leaving. Approximatelyone hour after the buyer left, Officer Ignacio Menoca1arrived at Hernandez's home in full City of Miami Police..~"\

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I.S. Case No. 7842X

uniform carrying the same package of cocaine that the,_.buyer had left with earlier. According to Gambino, he'recognized Officer Menocal because his twin brother hadbeen his bodyguard when he lived at the Mutiny Hotel.Gambino stated that Luis Vasquez Hernandez paid OfficerMenoca1 between $101000 and $15,000 from the same moneythat ,the buyer had utilized to pay for the kilo with.According to Gambino, that was all of'the knowledge thathe had of the incident and he did not witness the actualrip-off.

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On January 23, 1983 at 0029 hours, Julio Gambino contactedOfficer Ignacio Menocal at the Miami Airport MarriottHotel (1201 N.W. 42 Ave.). The conversation betweenGambino and Officer Menocal was monitored and recordedby Lieutenant M. Exposito and Sergeant T. Seaman. Afterintroducing himself to Officer Menocal, Gambino advisedOfficer Menocal that he had met him previously at Myra'shouse and that Officer Menocal's brother had been his'bodyguard. Gambino then proceeded to tell Officer Menocalthat he had a business proposition for he and his brother,where they could make some extra moneyJ Officer Menocalstated to Gambino that he was aware ofiwhat he did for aliving and he inquired if the propositio~ involved some-thing legal or illegal. Gambino advised Officer Menocalthat the proposition involved a rip-off. (It is notknown if Officer f.1enocalheard the part of the conversationpertaining to the rip-off because he was attempting toobtain a pen at the time'.) Officer Menocal then gaveGambino his business card and a napkin with his hometelephone number written on it. Officer Menocal alsoexplained to Gambino that his brother, Jesus lived in thesame house. Gambino agreed to call Officer Menocal at hornein the near future. Officer Menocal cautioned Gambinonot to call him at the police station or they (the PoliceDepartment) would find out what they had discussed.On January 27, 1983 at 1655 hours, Julio Gambino recon-tacted Officer-Ignacio Menocal via the telephone at thePrince Health Spa. The telephone conversation betweenGambino and Officer Menocal was monitored and recorded byLieutenant M. Exposito. After making contact, OfficerMenocal advised Gambino to call his brother Jesus at workand he provided Gambino with the telephone number wherehis brother could be reached. Officer Menoca1 also toldGambino that once he (Gambino) spoke to his brother" l!4:.sbrother would in turn call him and let him know what' theydiscussed.

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I.S. Case No. 7842X

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On January 27, 1983 at 1700 hours, Gambino contacted MiamiPolice Applicant Jesus Menocal at the telephone numberprovided by Officer Ignacio Menocal. Upon contacting JesusMenocal, Gambino explained to Menocal that he had a propositionwhere he and his brother could make some money. Menocaladvised Gambino that he had not been paid for the last timethat they had worked together. Gambino then explained toMenocal that the reason why he had not been paid was becausehe (Gambino) had to leave with the package when things beganto happen with'the security guard and the cocaine. Gambinowent on to advise Menocal that he and his brother, however,could make $5,000 apiece in this deal. Menocal told Gambinothat he wanted to find out first if Gambino's propositionwould be beneficial to him prior to doing anything. He alsostated that if he could not do it, he would get someone elsethat could do it for him. Gambino and Menocal then agreedto meet at the Four Ambassadors Hotel.

On January 27, 1983 at 1750 hours, Julio Gambino'recontactedPolice Applicant Jesus Menocal via the telephone at thepreviously called number. The telephone conversation wasmonitored and recorded by Lieutena.nt M. Exposito. Gambinoadvised Menocal that he could not meet with him as planned.Menocal then ~nquired of Gambino if his proposition involvedgetting someone or getting some drugs. Gambino advisedMenocal that the proposition involved obtaining some cocaine.Menocal cautioned Gambino not to talk about those things onthe telephone. After being relieved by Gambino about talk-ing on the telephone, Menocal asked Gambino if he wantedthe cocaine ripped-off or just moved from one-ip Lace '00 .anotiher ,Gambino explained to Menocal that his intention was to sellthe drug to a buyer and then have it ripped-off. Gambinoalso told Menocal that it would be worth $10,000 to him tohave that done. Menocal asked if the victim of the 'rip-offwas mild-mannered or if he was to be beaten up. Gambinoexplained that the victim was mild-mannered and that all heneeded was to have the kilo of cocaine ripped-off and thenbrought back to him. Menocal then advised Gambino that hewas not interested in pulling the rip-off because his facewas well known and because too many people were watching himnow. He, however, agreed to act as a lookout in a drugdeal so that in the event of any undercover officersarriving, he could identify them to Gambino. He alsorecommended to Gambino that the drug deal be completed atthe Four Ambassadors Hotel because he was familiar withthe surroundings and he knew where to conceal himselfand not be detected. Menocal assured Gambino that hisreasons for not pulling the drug rip-off was strictlybecause it was not beneficial to him. He also offered tosecure someone with a badge that could do it. Gambino and

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I.S. Case No. 7842X

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Henocal agreed to meet at a later date.On January 27, 1983 at 1755 hours, Officer Ignacio Menocalcontacted Julio Gambino via the telephone. The telephoneconversation was monitored and recorded by Lieutenant M.Exposito. Upon contacting Gambino, Officer Menocal advisedGambino that he had conferred with his.brother, and that hehad cQunselled his brother not to become involved in:any-thing. Officer Menocal also told Gambino that",he and hisbrother were not really interested' for now, but that he wouldkeep anything in mind anyway. Officer Menocal 'advisedGambino to go ahead and contact his brother Jesus inperson anyway, but that they were not interested in any-thing for now.On January 27,··1983 at 1810 hours, Officer Ignacio Menocalcalled the pay phone from which Julio Gambino had made hisprevious calls. Officer Menocal inquired as to the where-abouts of the pay phone.On March 4, 1983 at 1852 hours, Julio Gambino contactedPolice Applicant Jesus Menocal at Castle Park - Miami(7775 N.W. 8 St.). The conversation between Gambino andMenocal was monitored by Lieutenant M. Exposito and SergeantT. Seaman. Upon making contact, Gambino asked Menocal whathe had decided to do concerning what they had discussedpreviously. Menocal advised Gambino that things were reallyhot in Miami now with the reassignment of Federal agentsto the Miami area as part of the Vice 'Presidential TaskForce. Menocal also stated that due to the fact that thingswere so hot in Miami, he was not interested in becomingdirectly involved in a rip-off or acting as a lookout ina drug deal. Menocal, however, agreed to get someone witha badge to pull the rip-off for Gambino at such time as he

~ would be hired by the Miami Police Department. Menoca1 statedthat he did not want to jeopardize his chances of being hired.After Gambino's meeting with Police Applicant Jesus Menoca1on March 4, ,1983, it was determined that the investigationhad come to a conclusion, since Jesus Menocal had decidedthat he would not assist Gambino any further until suchtime as he became a police officer. It,was also at thattime that Gambino became involved in high level narcoticsinvestigation. As a result of Gambino's involvement inthose narcotics investigations, it was necessary that hisidentity be kept confidential for the longest amount oftime possible. On March 6, 1984, Police Applicant JesusMenoca1 was terminated from the eligible roster as aviable candidate for the position of police officer with

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I.B. Case No. 7842X

the Ci~y of Miami. That action occurred as a direct resultof this investigation.

On March 5, 1983, Officer Ignacio Menocal advised 5.1.5.Investigator Raymond Betancourt at an off-duty job thathis brother had been contacted by a subject named JulioGambino, a subject that wore many gold rings, and thatGambino wanted his brother to be a bodyguard for him.Officer Menocal also advised Betancourt that he had warnedhis brother to.stay away from Gambino. Officer Menocalalso inquired if Investigator Betancourt investigated otherpolicemen as part of his duties in 5.1.5., to which Betancourtresponded that only on narcotic-related cases. Invest-igator Betancourt also warned Officer Menocal to stayaway from Gambino because he might be a doper. Subsequentto his conversation with Officer Menocal, InvestigatorBetancourt wrote a report concerning his conversation with ..Officer Menocal. In his report, Investigator Betancourtcovered all the points that were discussed between OfficerMenocal and himself. Officer Menocal never advised a :supervisor or Internal Sec~rity of his encounters withJulio Gambino.

A sworn statement was taken from Officer Ignacio Menocalon February 27, 1984 concerning his dealings with JulioGambino, and his possible involvement in illegal activities.Initially during his sworn statement, Officer Menocalstated that he did not know anyone by the name of JulioGambino and that he had never come in contact with anyonewearing many gold rings. Officer Menocal al.s o stated thathe did not know anyone by the name of Luis Vasquez Hernandezand that he had not ripped-off any narcotics from anyone,nor transported the same. According to Officer Menocal,he did not know why Julio Gambino would accuse him of steal-ing cocaine. The taped conversation of Gambino's meeting

~ with Officer Menocal at the Miami Airport Marriott Hotelwas played for Officer Menocal (conversation #1). Arterhearing the conversation, Officer Menocal stated that inretrospect, he recalled the meeting with Gambino but thatthis had been his first and only encounter with this subject.Officer Menocal also stated that his brother Jesus hadwarned him prior to that conversation that Gambino was nogood. Officer Menocal admitted to giving Gambino his hometelephone number, but only because he felt Gambino wasgoing to offer him an off-duty job. According to OfficerMenocal, he changed his home telephone number subsequentto that meeting and he never heard from ~ambino again.

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I.S. Case No. 7842X

Officer Menocal stated that Gambino also never contactedhis brother. Officer Menocal admitted that he had toldGambino not to call him at work or those people wouldfind out. According to Officer Menocal, he had no -explanabionas to what it was that he did not want the station to findout about. Officer Menocal stated that maybe he had madethat comment to Gambino because he did not ~ant the PoliceDepartment to find out that someone of Gambino's backgroundwould call him. According to Officer Menocalj he could notrecall Gambino mentioning a rip-off to him during theirconversation. Officer Menocal stated that he did not reporthis conversation with 'Gambino to a supervisor or InternalSecurity because he did not want to get into trouble.Officer Menocal further stated tha,the did mention hisconversation with Gambino to an S.I.S. Officer during anoff-duty job at the Knights of Columbus Hall. OfficerMenocal reiterated the fact that he never heard fromGambino again, neither in person or by phone. A subsequenttelephone conversation between Julio Gambino and OfficerMenocal was played for Officer Menocal (conversation #3).After hearing the conversation, Officer Menocal stated thathe could not recall the conversation previously, but he didremember it now. According to Officer Menocal, during hisconversation with Gambino he referred him to his brotherbecause his brother wanted to talk to Gambino about somemoney that Gambino owed him. Officer Menocal however, couldnot explain what he meant when he said to Gambino to speakto his brother, and his brother would in turn let him know.According to Officer Menocal, what he possibly meant bythat comment was that Gambino tell his brother should hehave an off-duty job for him, and then his brother wouldlet him#know. Officer Menocal also stated that he mayhave just been brushing off Gambino by referring him to hisbrother. A subsequent telephone conversation between JulioGambino and Officer Menocal was played for Officer Menocal

• (conversation #6). Upon hearing the conversation, OfficerMenocal once again stated that he could not remember theconversation previously, hut that he could recall it now.According to Officer Menocal, after the previous call inwhich he told Gambino to call his brother, Gambino didspeak with his brother. Officer Menocal stated that hisbrother called him after speaking with Gambino, and hisbrother advised him that many bad people, including dopers,were looking for Gambino •. According to Officer Menocal,his brother also told him that Gambino wanted them to providesecurity for him as bodyguards, and that all they would haveto do was walk around with him. Officer Menocal stated thathis brother told him that he had advised Gambino thatthey were not interested in that type of work. According toOfficer Menocal, when he called Gambino in this last call,

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-~ ,J Major John S. Ross, Commander

Internal Security unitI.S. Case No. 7842X

-he also advised Gambino that they were not interested andthat his brother was going to be a police officer. ,OfficerMenocal also stated that he was not referring to anythingillegal when he told Gambino that they were not interestedin "anything for now but he'd keep anything in mind".Officer Menocal stated that his intention-was to brush offGambino and not that he·would consider doing something inth.e future. According to Officer Menocal, when he toldGambino to contact his brother, he di'dit with the intentionthat his brother could tell Gambino to get out of theirlives. Officer Menocal stated that his brother never toldhim that he and Gambino had discussed any illegal activities.According to Officer Menocal, his brother may have discussedpulling a rip-off with Gambino or acting as a lookout in adrug deal, but he felt that talking about it was differentfrom actually doing it. Officer Menocal stated that neitherhe nor his brother would ever do anything illegal. Accordingto Officer Menocal, he-did not mention his conversationswith Gambino to a supervisor or Internal Security because hedid not want to get involved in anything and because hewas afraid that Gambino-would kill him if he did.The iiwestigati!on cannot clearly and factually show thatOfficer Menoc-ai was or was not involved in a narcoticsrip-off in 1982, and that he recieved $10,000 to $15~000as payment from a narcotics dealer for returning the contra-band. What the investigation did reveal is that Officer Menocalknew that Julio Gambino was a person of questlonable characteryet Officer Menocal provided Gambino with his horne telephonenumber and he invited Gambino to call upon him if he had anecessity to contact him. The facts of the case also in-dicated that Offioer Menocal mayor may not have khown thathis brother, Police Applicant Jesus Menocal, was involvedin p1anning a drug rip-Qff or acting as a lookout in adrug deal. The telephone conversations between Gambino,

4> Jesus Menocal, and Ignacio Menocal gave the impression th~tJesus was telling Officer Ignacio Menocal that Gambino waslooking for them to pull a rip-off or act as a lookout,however it is not known if in fact Otficer Menocal wasapprised of the situation since his conversations withJe-sus could not be .monftared. The only conversation that isquestionable is the one ,that took place on January 23, 1983at tne Marriott Hotel, wherein Gambino advised OfficerMenocal that he wanted him to pull a rip-off for him. What

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I.S.'Case No. 7842X

jnake s "this conversation questionable is the fact that itis not known if Officer Menocal had his attention focused~on tne conversation or if he was asking someone else fora pen at the time. A determination cannot';be made. The: ~,investigation revealed that Police Applicant Jesus Menocal "':':~"';was waiting for,the opportunity to become a police officer '.~'with the City of Miami, prior to assist-ing Gambino in aplot to pull a rip-off or act as a Lookout; on a drug deal.There is no disputing that fact, based on monitored and:taped conversations.The facts of the case also revealed that Officer IgnacioMenocal was untruthful during his sworn statements toInternal Security on February 27, 1984. Officer Menocalwas untruthful about the number of times that he came incontact with Gambino and the context of his conversationswith him. Officer Menocal's statement gave the impressionthat he knew what Gambino and his brother had discussed, and,he was attempting to cover up or protect his brother. "Many of these unanswered questions, however, could not beresolved by Officer Menocal.Assistant State Attorney Peter Outerbridge was contactedin reference to this case. The State Attorney's Officedeclined to take prosecutorial action against Jesus Menocalin this matter.FINDINGS:1. The allegation of misconduct against Officer Ignacio

Menocal for his alleged involvement in a drug rip-offis Inconclusive.

2. The allegation of misconduct against Officer IgnacioMenocal for being untruthful is''Substantiated.~

3. The allegation of improper procedure by not reportinghis dealings with Julio Gambino to a supervisor or .Internal Security is Substantiated.

Officer Ignacio Menocal is in violation of City of MiamiCivil service Rule 14.2 (.h),which reads;Grounds for Dismissal, Suspension' a'ndDemotion. Thefollow~ng are declared to constitute a breach of dutyand to be grounds for dismissal or suspension from theclassified service or grounds for demotion, though chargesmay be based upon causes other than those enumerated; viz,that any employee who has been guilty of conduct unbecomingany employee of the City of Miami, who: Has been guilty of

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Major John S. Ross, CommanderInternal Security

I.S. Case No. 7842X

"actions which amount to insubordination or disgracefulconduct, whether committed on duty or off.Officer Menocal is also in v~olation of the followingDepartmental Rules and Regulations:A. Rule and Regualtion 3.35.13.35 which reads;~enera1 Offenses - Disciplinary Action: A member of theDepartment found gu~lty of violating a rule or regulation,or any of the provisions of general or special prder, orupon conviction in a court having criminal jurisdiction,or anyone of the followjng listed offenses, shall be sub-ject to reprimand, susperisLon , dismissal, or suffer suchother disciplinary action as the Chief of Police may impose.

,_. ~Association with undersirable, immoral, or questionablecharacters, except in the line of duty.B. Rule and 'Regulation 3.103.1 which reads;

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Members to be Truthful: Any member who departs from thetruth, e~ther ~n g~v~ng testimony, or in connection withany official order received by him, or in his official duties,shall be considered in violation of this rule, and subjectto charges being filed. Members and employees are requiredto speak the truth at all times and under all circumstances,whether under oath or otherwise, except in cases where theyare not allowed by Rules and Regulations to '.divulge the£acts within their knowledge, in which case they will saynothing.On March 6, 1984, Police Applicant Jesus Menocal wasterminated from the 'eligible roster as a viable condidatefor the p.osition of police officer with the City of Miami •

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menocal-investigation.pdf

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