fdle report

8/18/2019 FDLE Report

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On April 7, 2015, the Florida Department of Law Enforcement, Miami Regional Operations

Center forwarded a complaint to the Office of Executive Investigations concerning the activities

of Homestead Police Chief Alexander Rolle. The complainant, James McDonough, alleged that

Chief Rolle violated sections of F.S.S. 838.022 (Official Misconduct) when Chief Rolle allegedly

failed to provide records to McDonough related to a public records request. Specifically,

records that McDonough allegedly provided to Chief Rolle, in person, regarding an internalaffairs complaint.

McDonough suggested that his complaint was supported by a witness that was present when

he provided the documents to Chief Rolle and by a recording he made while meeting with Chief

Rolle about the complaint. McDonough posted the alleged recording on YouTube at the

following link: https://www.youtube.com/watch?v=czMpouApGuI

On April 27, 2015, Inspector Lycett contacted McDonough's attorney, Alan Greenstein, to

request a copy of the documents McDonough allegedly provided to Chief Rolle and a copy of

the complete recording McDonough made of the conversation. Greenstein, after contacting

McDonough, advised Inspector Lycett that the information requested would be forwarded uponhis receipt of the records from McDonough.

Of note, previous contacts and interactions between FDLE and McDonough have been

documented under MI-73-2059 (155, 158), MI-73-2092 (11), EI-73-8580 (137), EI-73-8581

(267), and EI-73-8598 (181, 184). Additionally, HPD investigated McDonough for potentially

violating Florida Statutes by illegally recording his conversation with Chief Rolle. HPD's

investigation was provided to the Miami Dade State Attorney's Office which ultimately declined

to prosecute; however, McDonough was advised through written correspondence that his

actions were potentially criminal in nature and a "future violation would expose you to criminal

prosecution."

A copy of the email complaint forwarded to OEI from MROC will be maintained electronically inthe Related Items (1) section of this investigative file.

FLORIDA DEPARTMENT OF LAW ENFORCEMENT

INVESTIGATIVE REPORT

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Case Number: EI-73-8610 Serial #: 1

Author: Lycett, Brett L. Office: Executive InvestigationsActivity Start Date: 04/14/2015 Activity End Date:04/27/2015

Approved By: Ward, Richard Allan

Description:McDonough Complaint

THIS REPORT IS INTENDED ONLY FOR THE USE OF THE AGENCY TO WHICH IT WAS

DISSEMINATED AND MAY CONTAIN INFORMATION THAT IS EITHER PRIVILEGED OR

CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. ITS

CONTENTS ARE NOT TO BE DISTRIBUTED OUTSIDE YOUR AGENCY.

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https://www.youtube.com/watch?v=czMpouApGuI


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On April 30, 2015, pursuant to a request for records, attorney Alan Greenstein forwarded, via

email, several documents provided to him by James McDonough. McDonough previously

alleged that Homestead Police Department (HPD) Chief Alexander Rolle violated sections of

F.S.S. 838.022 (Official Misconduct) when Chief Rolle allegedly failed to provide records to

McDonough related to a public records request. Specifically, records that McDonough allegedly

provided to Chief Rolle, in person, regarding an internal affairs complaint.

The following is the list of records provided to FDLE which McDonough claims he provided to

Chief Rolle on February 7, 2014, when he (McDonough) filed a complaint against a HPD

officer:

1) Short list of discipline

2) Letter from Mayor Martinez

3) Poly and application

4) Transcript of conversation

5) Injunction for protection

6) MDPD report 1210294128747) MDPD report 130215060338

8) Letter from Aquino

9) Letters for court

10) FDLE Ethics, Murguido's transgressions

11a) Analysis of Homestead evaluations

11b) Analysis of personnel files

12) List of bad Homestead Cops

13) Complaint 02072014

14) Murguido picture 01312014

Greenstein also provided a copy of correspondence from the Miami Dade State Attorney's

Office regarding the potential illegal recording(s) conducted by McDonough of Chief Rolle,advising him that any "future violation would expose you to criminal prosecution."

The records provided by Greenstein will be maintained electronically in the Related Items

(2) section of this investigative file.



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Description:Receipt of Records





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Case Number EI-73-8610

IR Number 2

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On May 4, 2015, pursuant to a request for records, attorney Alan Greenstein forwarded to

Inspector Brett Lycett, via mail, a compact disc (CD) provided to him by James

McDonough which contained an audio file of a conversation between McDonough and

Homestead Police Department (HPD) Chief Alexander Rolle that occurred on February 7, 2014.

McDonough previously alleged that HPD Chief Alexander Rolle violated sections of F.S.S.

838.022 (Official Misconduct) when Chief Rolle allegedly failed to provide records toMcDonough related to a public records request. Specifically, records that McDonough allegedly


Upon review of the CD, Inspector Lycett determined that there was no audio file present.

Inspector Lycett advised Greenstein of the blank CD and Greenstein indicated that he would

provide another CD, ensuring that the audio file would be present.

On May 5, 2015, McDonough provided a copy of the aforementioned audio file to Inspector

Lycett, via Google Drive. Subsequently, Inspector Lycett received the second CD from

Greenstein on May 7, 2015.

A copy of the audio recording(s) will be maintained in the Related Items (3) section of this

investigative file.



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Description:Receipt of Recording





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On May 15, 2015, pursuant to a request for records, attorney Alan Greenstein forwarded, via

email, several documents provided to him by James McDonough. McDonough previously

alleged that Homestead Police Department (HPD) Chief Alexander Rolle violated sections of

F.S.S. 838.022 (Official Misconduct) when Chief Rolle allegedly failed to provide records to

McDonough related to a public records request. Specifically, records that McDonough allegedly


The following is the list of records provided to FDLE by McDonough:

13) PRR form stamped received in Chief's Office.

14) Email chain.

15) Email to Rolle about retaliation

16) Letter to Rolle

17) Letter to Aquino

18) Aquino's IA Report

19) Surman's IA report

20) Murguido's first Injunction21) Conversation with Murguido

Greenstein also provided a copy of an audio recording between McDonough and HPD Officer

Murguido. The records and audio recording provided by Greenstein will be maintained in the

Related Items (4, 5) section of this investigative file.



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Description:Additional McDonough Records





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On May 20, 2015, Florida Department of Law Enforcement, Office of Executive Investigations

Inspectors Luis Negrete and Brett Lycett conducted a sworn, recorded interview of James

McDonough. McDonough alleged that Homestead Police Department (HPD) Chief Alexander

Rolle violated sections of F.S.S. 838.022 (Official Misconduct) when Chief Rolle allegedly failed

to provide records to McDonough related to a public records request. At the request of

McDonough, attorney Alan Greenstein was also present during the interview.

The following is a synopsis of the interview and should not be considered a verbatim transcript.

For exact details, refer to the audio recording of the interview that will be placed into the Related

Items section of this case file:

McDonough advised that he scheduled the February 7, 2014 meeting with Chief Rolle to

discuss various complaints against an officer employed by HPD. During the meeting,

McDonough advised he provided documents to Chief Rolle which he (McDonough) claimed

supported his complaint against the officer. McDonough stated that Chief Rolle eventually left

the meeting and he (McDonough) continued to speak with Internal Affairs Detective Tony

Aquino. McDonough advised that Aquino allowed him to file a specific complaint about the HPDofficer driving by his house turning the siren on and off, but did not allow him to file a complaint

about the other activities and background of the HPD officer that he originally came to speak to

Chief Rolle about. McDonough stated that Aquino took a picture of a photograph that was on

his (McDonough's) cellular phone relating to the complaint.

McDonough advised that he subsequently reviewed the HPD Internal Affairs report and

determined that the records he provided to Chief Rolle were not included within the Internal

Affairs file, but the photograph taken by Aquino was included in the file. McDonough stated he

then completed a public records request specifically asking for documents he provided to Chief

Rolle during the February 7, 2014 meeting. McDonough explained that after corresponding with

the City Clerks Office, he was ultimately advised that HPD had no additional records to provide

pertaining to his public records request and that HPD, per Chief Rolle, advised that McDonoughhad not provided any records during the meeting. McDonough believed that Chief Rolle

destroyed the records and acted with corrupt intent in an effort to protect the City of Homestead

and/or protect the officer's job.

McDonough stated that he recorded the meeting with Chief Rolle and now believes that Chief

Rolle was not aware that the meeting was being recorded at the time. McDonough stated that



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Description:McDonough Interview





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he showed Chief Rolle his personal cellular phone (recording device) prior to placing it on Chief

Rolle's during the meeting, assuming that it was understood by Chief Rolle that the meeting was

being recorded. McDonough also indicated that he did not ask nor receive permission from

Chief Rolle to record the meeting.

An audio copy of McDonough's interview will be maintained in the Related Items (6) section ofthis investigative file.


IR Number 5

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Inspectors Luis Negrete and Brett Lycett conducted a sworn, recorded interview of Albert

Livingston regarding James McDonough's allegations against Homestead Police Department

(HPD) Chief Alexander Rolle. McDonough alleged that Chief Rolle violated sections of F.S.S.

838.022 (Official Misconduct) when Chief Rolle allegedly failed to provide records to

McDonough related to a public records request.




Livingston advised that he attended the February 7, 2014 meeting that was held with Chief

Rolle as a friend of McDonough's and that he was not in attendance to file a complaint against

any HPD employee. Livingston recalled that McDonough provided a packet of documents to

Chief Rolle during the meeting and that Chief Rolle made copies of other documents referenced

by McDonough. Livingston stated that Chief Rolle had to eventually leave the meeting and he

(Livingston) and McDonough left Chief Rolle's office and continued to speak with Internal AffairsDetective Tony Aquino. Livingston stated he believed Chief Rolle left the documents provided

to him by McDonough on his desk in his office prior to leaving the meeting.

Livingston stated that he was aware that McDonough recorded the conversation with Chief

Rolle but was unsure if Chief Rolle was aware that the meeting was being recorded.

An audio copy of Livingston's interview will be maintained in the Related Items (7) section of this

investigative file.



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Description:Livingston Interview





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Inspectors Luis Negrete and Brett Lycett conducted a sworn, recorded interview of Homestead

Deputy City Clerk Patricia Sullivan regarding James McDonough's allegations against

Homestead Police Department (HPD) Chief Alexander Rolle. McDonough alleged that Chief

Rolle violated sections of F.S.S. 838.022 (Official Misconduct) when he allegedly failed to

provide records to McDonough related to a public records request. At the request of Sullivan,Homestead City Clerk Elizabeth Sewell was also present during the interview.




Sullivan advised that her office received a public records request from McDonough on

September 5, 2014. Sullivan stated that she followed office procedure by sending the request

to HPD for processing. Sullivan explained that she forwarded the same documentation to

McDonough that she received from HPD pursuant to the public records request. Sullivan then

stated that she corresponded with McDonough, via email, after McDonough suggested that thepublic records request was not complete. Per a request from McDonough asking that Chief

Rolle confirm that no additional records were provided to him during a February 7, 2014

meeting, Sullivan stated that she made contact with HPD which confirmed, through Chief

Rolle, that no additional documentation was provided by McDonough during the meeting.

An audio copy of Sullivan's interview will be maintained in the Related Items (8) section of this

investigative file.



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Description:Sullivan Interview





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Police Department (HPD) Chief Alexander Rolle regarding James McDonough's allegations of

Official Misconduct. McDonough alleged that Chief Rolle violated sections of F.S.S. 838.022

(Official Misconduct) when he allegedly failed to provide records to McDonough related to a

public records request. At the request of Chief Rolle, attorney Pablo Tamayo was also presentduring the interview.




Chief Rolle stated he recalled the February 7, 2014, meeting he had with McDonough to

discuss McDonough's concerns with a HPD officer. Chief Rolle advised that McDonough

presented for his (Rolle's) review various documents that related to his complaint against the

HPD officer. Rolle advised that he did not keep any documents that McDonough brought to the

meeting and, ultimately, referred McDonough to Internal Affairs Detective Tony Aquino tocomplete his complaint against the HPD officer.

Chief Rolle later became aware that the meeting had been recorded by McDonough; however,

Chief Rolle advised that he was never advised by McDonough that the meeting was being

recorded at that time nor did he give his permission for the meeting to be recorded.

Inspector Lycett advised Chief Rolle that McDonough had provided a copy of the recording of

the February 7, 2014 meeting to FDLE for review. Inspector Lycett informed Chief Rolle that

the recording had been reviewed and requested that Chief Rolle respond to two comments

made by himself on the recording regarding McDonough's complaint. At that time, the

recording of Chief Rolle's interview was paused in order for Chief Rolle to listen to segments of

the recorded meeting he had with McDonough.

After the Chief had an opportunity to listen to segments of the meeting, Inspector Lycett asked

him to respond to a comment he made in the recording at approximately 52 minutes where he

says to McDonough "let me make a copy of this" after McDonough references a document

("Homestead police corruption") he created through an internet search. On the recording, it

sounded as if Chief Rolle left the meeting for a short period of time and then returned. Chief



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Description:Rolle Interview





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Rolle stated that he did not make a copy of any documents but went out to locate Detective

Aquino.

Inspector Lycett asked Chief Rolle to also respond to a second comment he made at the end of

the recording at approximately 1:24:00 where Chief Rolle says to McDonough, "Is there

anything you need me to do with this..this..you gave me, cause I'm going to look at all thisstuff....." Chief Rolle explained that the comment pertained to allowing the HPD Internal Affairs

Unit to review any information regarding McDonough's complaint.

An audio copy of Rolle's interview will be maintained in the Related Items (9) section of this

investigative file.


IR Number 8

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Police Department (HPD) Commander Tony Aquino regarding James McDonough's

allegations against HPD Chief Alexander Rolle. McDonough alleged that Chief Rolle violated

sections of F.S.S. 838.022 (Official Misconduct) when he allegedly failed to provide records to

McDonough related to a public records request. Attorney Pablo Tamayo was also presentduring the interview.




Aquino advised that he was aware of McDonough's complaint against Chief Rolle and "vaguely

recalled" the meeting he was called into by Chief Rolle of February 7, 2014, to speak with

McDonough about his concerns with an HPD officer. Aquino stated he did not take or

receive any documents from McDonough nor was he aware of any documents Chief Rolle kept

that were referenced by McDonough while he (Aquino) was present. Aquino further advisedthat he did not receive any documents from Chief Rolle at a later time related to the McDonough

meeting. Aquino advised that the only records he recalled taking from McDonough on February

7, 2014, was a sworn affidavit form completed by McDonough and a photograph he took of a

picture that was on McDonough's phone relating to McDonough's complaint against the HPD

officer.

An audio copy of Aquino's interview will be maintained in the Related Items (10) section of this

investigative file.



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Description:Aquino Interview





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On July 21, 2015, Florida Department of Law Enforcement, Office of Executive Investigations

Inspector Brett Lycett received an email from James McDonough who requested that if FDLE's

investigation into his complaint against Homestead Police Chief Alexander Rolle had been

closed, that he be provided a copy of the investigation, via a public records request. Inspector

Lycett responded to McDonough informing him that FDLE was awaiting a response from the

Miami Dade State Attorney's Office subsequent to their review. McDonough was furtheradvised that once the investigation was closed, his public records request would be processed.

A copy of the email correspondence will be maintained electronically in the Related Items (11)

section of this investigative file.



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Description:McDonough Email





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On November 2, 2015, the Miami Dade State Attorney's Office (SAO) forwarded

correspondence to Florida Department of Law Enforcement, Office of Executive Investigations

Inspector Brett Lycett regarding their final review related to a complaint made by James

McDonough against Homestead Police Chief Alexander Rolle. McDonough alleged that Chief

Rolle violated sections of F.S.S. 838.022 (Official Misconduct) when Chief Rolle failed to

provide records to McDonough related to a public records request. Specifically, records thatMcDonough allegedly provided to Chief Rolle, in person, regarding an internal affairs complaint.

The SAO determined that:

Although the complainant and witness recall giving the Chief the paperwork, there is no

evidence to support an allegation that the Chief destroyed the paperwork. The evidence

received from the complainant was a recording obtained without the permission of Chief

Rolle. Thus any evidence arising from this illegally obtained evidence is inadmissable (sic).

This Office will take no further action in this preliminary inquiry.

A copy of the SAO correspondence will be maintained electronically in the Related Items

(12) section of this investigative file. Pursuant to the SAO's findings, this investigation will be

closed.



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Description:SAO Review





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