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Code 3 V26 N3 August 2010Friday, June 11, 2010
Saturday, June 12, 2010
CODE T H R E E
A Palm Beach County P.B.A. Official Publication
VVOOLLUUMMEE 2266 NNUUMMBBEERR 33 PPUUBBLLIISSHHEEDD QQUUAARRTTEERRLLYY FFOORR MMEEMMBBEERRSS AAuugguusstt 22001100
Palm Beach County PBA Charity Fund Awards Over $130,000 In Scholarship
Monies Saturday, June 19, 2010 See articles, photo highlights
and “Thank You” notes on pages 17 and 22
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Thank God for Governor Charlie Crist! During the last week of the Florida legislative session, and down to the last min-
utes, Republicans added an amendment to HB 5607 which would have reduced the interest rate paid to DROP participants from 6.5% to 3%. I want to thank all the PBA members who took this seriously and flooded Governor Crist’s office with e-mails and phone calls asking Charlie not to forget the working class Floridians. Well, we know what the results were; the Governor came through once again by VETOING this bill.
Next session will probably be the same. Let’s see what else we can take and cut from Florida’s employees. I cannot express enough to all our members: WE HAVE TO GET INVOLVED IN THIS YEAR’S ELECTIONS. If you are not already aware, the PBA has endorsed Alex Sink for Governor. The people of the State of Florida cannot afford to have the Senate, the House and the Governor’s mansion controlled by Republicans. It is not that I do not like the Republicans, far from it. But if they get their way and get to push their agenda through, the working people are going to be taking it on the chin! A Republican governor will rubber stamp any bills that diminish our pensions. Did you notice that all the pension bills proposed in the House and Senate last session did not include elected officials; your typical politicians? I would not expect anything less. GET INVOLVED AND GET YOUR FRIENDS AND FAMILY INVOLVED. WE CAN MAKE A DIFFERENCE!
I am also requesting all our members get involved, if and when the time comes, if Lois Frankel gets her way and tries to extend her terms, from two to three. If there is a referendum on this year’s ballot, the PBA will need to get involved to help defeat the extension of term limits in order to send Frankel packing. We have to help our brothers and sisters out at West Palm Beach PD. The City continues to take and take. This year, the Mayor and her henchmen want the police to take five (5) unpaid furlough days and also freeze the Salary Plan for another year. Just the police; the Mayor forgot to send the firefighters a notice as to what articles need to be negotiated, so the firefighters got a free pass this year.
On a good note, I would like to recognize Ernie George as the first Labor person to chair the Criminal Justice Standards and Training Commission. The PBA has come a long way from the times when Ernie was the only Labor member on the Commission. Presently, there are seven Labor members out of 19 Commissioners. So, next time you see Ernie, extend your hand, and congratulate him on his new appointment.
Last but not least, once again we were able to give over $130,000 in scholarships to our PBA members’ children. The young adults going through the scholarship screenings were sim- ply outstanding. The parents of these children need to be proud of yourselves because your children are a reflection of your val- ues, which are passed down in the law enforcement community.
President’s Message John Kazanjian
Officers of the Month - March 2010 PBSO Cpl. Nick Barbera and Sgt. Michael Tranchant Nominated by: Sgt. Kevin Marks
On 3/12/2010, a home invasion occurred where the sus- pect killed the victim. Corporal Nick Barbera advised he was en route after Sgt. Mike Tranchant advised he had a vehicle matching the description from the radio. Two suspects were then seen running to an apartment complex, where Barbera
and Tranchant formed a shield team and moved up the first floor of the complex. Corporal Barbera and his K-9 apprehended the suspects who were positively identified, along with recovering the firearm used to murder the victim.
Officers of the Month - April 2010 PBSO Deputies Ronald Boiuso and Krystal Johnston Nominated by: Sgt. Terry Maguire
On March 23, 2010 Deputy Sheriff’s Ron Bouiso and Krystal Johnston went to serve a VOP warrant. The arrestee resisted and stated: “I’m not going. You’re going to have to kill me!” A struggle ensued whereby D/S Johnston deployed her TASER as the arrested grabbed D/S Bouiso’s baton and began striking him. Fearing for their safety, D/S Bouiso fired his sidearm, killing the arrestee, and stopping the threat.
Officers of the Month - May 2010 Stuart Officer Bill McGighan, MCSO Deputies Michael Joseph, Leslie Beath, Robert Peterson, and Lt. Cedrick Humphrey Nominated by: Sgt. Bruce Pinkman
On 5/1/10 Stuart Officer Bill McGighan was patrolling the area of the Racetrack gas station. He saw three armed, masked subjects walk in and rob the store. When they exit- ed, he ID’ed himself as a police officer and they shot at him. He returned gun fire and a multi-agency manhunt ensued. Lt. Cedrick Humphrey and K-9 Deputy Robert Peterson
PBSO Cpl. Nick Barbera and Sgt. Michael Tranchant
PBSO Deputies Ronald Boiuso and Krystal Johnston
Continued on next page
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searched the area as the suspects ran from the K-9. Deputy Mike Joseph and Deputy Leslie Beath confronted the suspects and all three deputies and the Lieutenant arrest- ed them. Their guns were recovered and they are being investigated for a series of rob- beries in Palm Beach County.
Officer of The Month Continued
MCSO Deputy Robert Peterson, MCSO Lt. Cedrick Humphrey,
MCSO Deputy Michael Joseph, MCSO Deputy
Leslie Beath, and Stuart Officer Bill McGighan.
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PA L M B E A C H C O U N T Y P B A EXECUTIVE BOARD
John Kazanjian, President
Rick McAfee, Vice-President
Lou Penque, Treasurer
Vinnie Gray, Secretary
Bob Odell, Sgt.-at-arms
Gary Lippman, General Counsel
Larry Fagan, Legal Counsel
BOARD OF DIRECTORS BOYNTON BEACH Toby Athol Frank Ranzie Kelly Harris Craig Anthony Henry Diehl, Alt Doc Davis, Alt.
DELRAY BEACH Adam Rosenthal Rod Stevenson Paul Weber Scott McGuire Sal Arena, Alt. Joseph Hart, Alt
FAU Darren Courtney Gary Grande, Appt.
GREENACRES Josh Silvey Joseph Rendueles Dylan Vaughan, Alt.
JUNO BEACH Julio Rios, Appt.
JUPITER Chris Smith Jason Levinstein Jeffrey Bernstein Mike Lilienfeld, Alt. Quinn Harris, Alt.
LANTANA Chris Decker
MANALAPAN Patrick Auger Paul Williams, Alt.
MARTIN COUNTY SO Bruce Pinkman Mike Ferguson Michael Dougherty Thomas Neild Brian Bergen, Alt. Richard Parks, Alt.
MARTIN COUNTY SO - CORRECTIONS Jackie Gore Tommy Randazzo, Appt.
NORTH PALM BEACH Scott Hindle, Appt.
PALM BEACH COUNTY SCHOOL POLICE Bill Lammie John Hawes Harry Rawlings Kevin O’Sullivan, Appt.
PALM BEACH COUNTY SHERIFF’S OFFICE Paul Vrchota Dan Burrows Mike Antonopoulos Charles Nicastro Ray Griffith Terry Maguire, Alt. Kevin Igo, Alt. John McGuire, Appt. John Navarro, Appt. Rich Diberardino, Appt.
PBSO Site Reps Mark Alexander Rick Barnett Dominick Berardone Patrick Bolton Ralph Brillinger Stanley Cale Ron Cohen Randy Collier Darren Curci Tim Daly Roy DeMarco Bill Evans Greg Fernandez Rich Frankiewicz Bill Gale Billy Gray Tony Iannitti Stan Jackson Dean Johnson Jason Johnson Mike Kletzky Tom Lunney David McCormick Mike Mendelsberg Jesse Miller Ryan Mugridge Alex Nunes Barb Olson Michael Ott Emory Payne Fred Rifflard
PBSO Site Reps Cont. John Rivers Jay Shears Steven Sherman Darren Stinnet John Sylvester Kelly Whittles
PALM BEACH COUNTY SHERIFF’S OFFICE CORRECTIONS Jerry Sneed Tammy Bussey Pete Tartaglione Willie Powell Jeff Jackson Will Pinto, Alt. DJ Dowling, Appt. Patrice Quinn, Appt.
PBSO Corrections Site Reps Willie Blackmon Calvin Robbins Michael Devoter James Marcellino
PALM BEACH GARDENS Bob Odell Richard Geist Greg Allen Cecil Wagner, Alt. Jim Shackelford, Alt.
PALM BEACH SHORES Tom Clark Michael Simmons, Alt.
PALM SPRINGS Sean Grant, Appt. Darrell Diez, Appt.
STUART George McLain, Appt.
TEQUESTA Charlie Weinblatt James Pike, Alt.
WEST PALM BEACH Louis Penque Troy Marchese Ed Thomas Brian Gaudette Matt Bessette Chris Roaf, Alt. Mike Leas, Appt.
Check out our website
www.pbcpba.org
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MAY JAMES COPPOLA – MCSO
JOSHUA WILSON – RIVIERA BEACH
BRIAN TISON – STUART PAUL LICCARDO – PALM BEACH SHORES
EVE EUBANKS – OCEAN RIDGE AARON SIEGEL – DELRAY BEACH
ROBERT MASSIMINO – OCEAN RIDGE JEFFREY YERIAN – PBSO
MICHAEL GERACI – DELRAY BEACH MARCELO CARRERA – DELRAY BEACH
JOHN GIARDINO – OCEAN RIDGE HAL HUTCHINS – DELRAY BEACH ALFREDO ROJAS – OCEAN RIDGE RYAN FRAZIER – DELRAY BEACH
KIMBERLY HEIBLING – DELRAY BEACH ADAM MACKILLOP – WEST PALM BEACH
JULY STEPHEN BONA – JUPITER ISLAND
GREG GERBASI – PBSO DUSTIN BOORMAN – JUPITER ISLAND
NARDA JONES-WILLIAMS – PBSO CORR. CHRISTINA ARROYO – WEST PALM BEACH
ANTHONY IMBESI – WEST PALM BEACH JERRELL NEGRON – WEST PALM BEACH
FRANK NELLI – WEST PALM BEACH DIONY OLISCAT – WEST PALM BEACH
CURTIS RIDDICK – PALM BEACH GARDENS COKES WATSON – PALM BEACH GARDENS RENATO DICARLANTONIO – DELRAY BEACH
JONATHAN ERICKSON – DELRAY BEACH KYLE LUNDGREN – DELRAY BEACH MICHAEL MULLER – DELRAY BEACH
KURT SCHICKEDANZ – DELRAY BEACH
HAVE YOU MADE YOUR NOMINATION?
Submit the names of your nominees before the end of every month.
Send your submissions to [email protected]
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This installment will spare you my tutorials regarding statutes, rights, case law and/or authorities impacting you,
and appropriately subject of these articles. So, relax. Hard-pressed as I am to find anything celebratory these days, there’s something good to report that escaped my attention because of the modest men involved. It happened a couple of years ago; which is further evidence of how hard-pressed I am to find anything celebratory these days.
Most of you have been in an investigative interview at some point in your career, so most of you have been advised that your Agency “has a policy regarding untruthfulness” and/or that your testimony is being taken under “the penalties of perjury,” etc. Whether as a “witness” or “subject” in an investigation, you’ve been on the receiving end of such ominous warnings. And if you’ve been a “subject,” you’ve listened to the recordings of your investigator reading such warnings to the witnesses against you, among others, at the outset of those “complainant” and “identifi- able witness” statements. The warnings are part of a template every policy investigator at every agency reads from so automati- cally and quickly as to sound like those rapid-fire and nearly unintelligible disclaimers concluding advertisements for law firms and pharmaceuticals. Until now, I would have told you those warnings to the complainants and witnesses against you were as obscure as the side-effects spoken about at the end of most drug commercials.
My experience in investigations has caused me to consider the perjury warnings given to complainants/witnesses a pretense; not even an effective investigative technique. It’s not only because I’ve become somewhat cynical. It’s because I’ve been involved in “investigations” crediting demonstrably incredible accounts of conduct in order to contrive charges of “untruthfulness” against our members. And when I say demonstrably incredible, I’m talk- ing about accounts of conduct inconsistent with video or even lab- oratory evidence that would be conclusive to all but those unwill- ing, or unable, to see or to read.
A little north of this office a member was dismissed from employment based upon the accounts of drug use the officer denied, a laboratory could not detect (from urine, blood, and extensive hair-testing by a forensic toxicologist); which accounts the informant recanted in a second sworn statement to the same “investigator” to whom he had given the first “sworn” statement. Warned both times (the first time was at DEA headquarters) that “[a]ny person making a false statement under oath may be guilty of perjury and subject to the penalties of law,” the informant in that case ended his second “sworn” statement (not at the DEA) by char- acterizing his career-destroying first “sworn” statement as follows:
“99.9 percent of that was all nonsense just for me to get people to stop questioning me....”
Question: Do you think there were any “penalties of law” in consequence?
Answer: _____________ You can put your pencils down. A little south of this office a member was dismissed from
employment for “untruthfulness” regarding an account by a “wit- ness” of some considerable and substantive “conversation” with that officer during an encounter that was videotaped. The “wit- ness” swore there was a conversation. The officer swore there was no conversation.
From the “investigator” all the way up to the City Manager (with the exception of a certain Major), people with no apparent visual impairments concluded from their purported review of the video that there was a conversation consuming between 11 to 15 seconds. The video shows the officer walking right past the “wit- ness” in two seconds, with absolutely nothing to indicate any con- versation at all; e.g., no pausing, no hand movements, etc. Shown at the hearing, an enhanced video (enhanced by the PBA, not by the employer of course) shows that as the officer walks past the “witness” and the “witness” steps aside, the two of them never even look at each other!
Question: Do you think there were any “penalties of law” in consequence?
Answer: _____________ Pencils down. But now the “news.” Out of the West Palm Beach Police
Department, there’s a different answer to the questions. After an individual made certain allegations against a West Palm Beach offi- cer, Internal Affairs personnel there did all of the things the “inves- tigators” did in my previous examples: they took sworn statements (after those warnings); and they searched for and gathered evi- dence. They did things I often find troubling, but which arguably are part of their job: they went out actively looking for witnesses against their officers, soliciting testimony, and they used photo line-ups, etc. They didn’t have an informant who admitted he lied. They didn’t have a video. They used good old shoe leather, and at the end of the day they weighed what they had without their thumb on the scale.
The West Palm IA personnel involved didn’t exhaust them- selves trying to resuscitate and breathe life into the allegations, and they didn’t affix blinders with regard to (or omit in the report) exculpatory evidence. They didn’t go through gymnastics to cred- it demonstrably incredible accounts. But most importantly: having generating public records memorializing scandalously career-com- promising conduct, West Palm IA didn’t just walk away after writ- ing “unsustained,” and leaving that turd in their officer’s jacket.
West Palm Beach IA Sgt. Gregory Babcock sat down and wrote some more; this time a Probable Cause Affidavit for untruth-
HALLELUJAH Submitted by Gary Lippman, General Counsel
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The Palm Beach County PBA is proud to announce that Palm Beach County Sheriff’s Office Lt. Marcos Martinez, Cpl. Christopher Wolf and D/S Peter Tapia have been selected as finalists for the National Association of Police Organizations
(NAPO) 17th Annual TOP COPS Award. Since NAPO launched the awards program in 1994, the TOP COPS Awards have paid tribute to outstanding law enforcement
officers across the country for actions above and beyond the call of duty. TOP COPS awardees are nominated by their fellow offi- cers for outstanding service during the preceding calendar year.
The TOP COPS are selected by an Awards Selection Committee comprised of national law enforcement representatives who choose one TOP COPS case from each state and U.S. territory. The cases are then ranked and the top ten case winners are flown to Washington, DC for the awards ceremony.
The awards show features a three-minute videotape of each TOP COP and his or her story. Lt. Martinez, Cpl. Wolf and D/S Tapia traveled to Washington, D.C. for the official ceremony which took place at the Warner
Theatre in D.C. on May 14, 2010. On behalf of the PBA Executive Board and the entire PBA Brotherhood congratulations Lt. Martinez, Cpl. Wolf and D/S Tapia!
PBSO Deputies Honored By National Association of Police Organizations (NAPO)
for 17th Annual Top Cops Award
fulness in violation of a Florida State Statute (for “Perjury”). The “witness” was arrested, prosecuted, and incarcerated. Also involved in the case at the time were then-Sergeants Coppin and Kalil. It’s the only example I know about, of internal affairs inves- tigators using the badges on their belts to enforce the words in
their warnings. Thank you Greg, Kevin and Tony. Maybe I should be a little less cynical.
If there’s anyone else out there with a similar account, don’t be shy; feel free to call me.
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Juno Beach News As I write this article, the morale at this Department is at
an all-time low. We have been given inferior medical benefits, we have not received a decent raise in a number of years, we are not allowed to accrue overtime, and now the final blow is they might take away our only remaining perk—our take-home vehicles.…