major evelio rodriquez m-dspd

7/28/2019 Major Evelio Rodriquez M-DSPD

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1 time. I understand that giving false

2 information in this statement is a violation of

3 Florida Statutes 837.05, false reports to law

4enforcement authorities, punishable as a

5 misdemeanor of the first degree, and 837.06,

6 making false official statements punishable as

7 a misdemeanor of the second degree.

8 MR. LOPEZ: You have signed the affidavit.

9 I have signed as a witness. I am going to ask

10 you a few questions. Are you appearing here

11 today without any promises and without any

12 threats or duress to provide information in an

13 investigation being conducted by the Miami-Dade

14 Schools Police Department?

15

THE WITNESS: Yes.16 MR. LOPEZ: Are you aware that your

17 conversation with me is being recorded?

18 THE WITNESS: Yes.

19 MR. LOPEZ: Are you aware that your

20 conversation with me -- I'm sorry. Are you

21 aware that anything you say may or may not be

22 used at a departmental hearing or in a court of

23 law?

24 THE WITNESS: Yes.

25 DIRECT EXAMINATION


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1 Q (By Mr. Lopez) Major Rodriguez, did you

2 ever witness anyone in your staff discuss the T.M.

3 case?

4A No.

5 Q Did you ever witness anyone discuss the

6 case in terms of news or media or maybe the -- a

7 form of gossip or just hearsay?

8 A Yes, in fact I have discussed the case

9 myself, just as a newsworthy eye.

10 Q Who did you discuss the case with?

11 A I don't remember exactly. I believe it

12 was staff from the administrative division because

13 there was a group of people. It was just casual

14 conversation, I don't remember who was there.

15

Q Did any of that conversation involve the16 police report?

17 A No.

18 Q Did you ever physically see the police

19 report involving T.M. case or any -- on any of the

20 two cases about the one in October, 2011 and the one

21 in February, 2012?

22 A No.

23 Q Did you ever see the police report or any

24 of those two police reports involving T.M. on a

25 computer screen?


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1 A I don't remember seeing it on a computer

2 screen.

3 Q Did you ever instruct anyone to

4investigate a case involving T.M.?

5 A No.

6 Q Did you discuss the T.M. case with anyone

7 outside the department, including other law

8 enforcement agencies, personnel, or media

9 representatives?

10 A No.

11 Q Did you ever speak with any representative

12 from Miami-Dade Police Department in reference to

13 the T.M. case?

14 A No.

15

Q Florida Department of Law Enforcement?16 A No.

17 Q Sanford Police Department?

18 A No.

19 Q Any local media?

20 A No.

21 Q Did you ever authorize anyone to follow up

22 on any case involving T.M.?

23 A No.

24 Q Are you aware of any of your detectives

25 following up or looking into the T.M. case in any


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1 form or capacity?

2 A No.

3 Q Were you aware that your staff had printed

4and viewed the police report involving T.M.?

5 A I'm aware now that the case was assigned

6 to one of our detectives. Therefor, it would have

7 been logical to view it and print it.

8 Q Can you elaborate on the assigning of a

9 case? How does that happen and how did the T.M.

10 case become assigned to one of your detectives?

11 A I'm not sure exactly how this particular

12 case was assigned as I am not involved in that

13 process at all. My understanding is this is the

14 case where the uniformed officer in the field is

15

reviewed by the -- by the sergeant. It is reviewed16 by the lieutenant. The operation lieutenant then

17 transmits the report to this unit -- to the general

18 investigations unit and the commander here,

19 Commander Fox, will then in turn assign it to the

20 appropriate sergeant who then assigns it to a

21 detective.

22 Q How did you become aware that the case was

23 assigned? You're not directly involved in that

24 process but obviously you were informed that the

25 case was assigned. How did you become aware of


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1 that?

2 A Well obviously, as the case began to get

3 more and more media attention it began to -- to be

4in everybody's mind, you know, and eventually while

5 -- I think that the -- the -- not too long ago,

6 detectives under my supervision received notices

7 that they would be investigated by internal affairs

8 and therefor I, you know, became more aware of the

9 process.

10 Q Who -- who was assigned the case to

11 investigate and by who?

12 A It is my understanding that this case

13 appeared to detectives -- on Detective Hadley's

14 dashboard, among many other cases for him to -- to

15

investigate and it would have been assigned by his16 sergeant, Sergeant Tagle, William Tagle.

17 Q How did you find out about this?

18 A Just -- just asking just you know, general

19 questions, general comments to you know, just things

20 that occurred about the fact that for example,

21 another sergeant, Detective Hadley, did a

22 supplemental investigation on the case.

23 Q On which case?

24 A On a case originating out of Krop Senior

25 having the do with T.M.


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1 Q When was the date?

2 A I don't know that. I don't know that

3 information. I can tell you what I heard, okay, and

4that Detective Hadley asked Sergeant Hodges if she

5 could approve. I took a whole bunch of reports that

6 he had and I believe that that was one of the ones

7 that he included. So, she approved a whole bunch of

8 reports for Detective Hadley.

9 Q Okay, how did you become aware of the

10 statement you just made to me?

11 A It's just a general conversation. A

12 general conversation, you know, that --

13 Q With who?

14 A Office conversation. With Sergeant

15

Hodges.16 Q So Sergeant Hodges informed you --

17 A No, no. She doesn't inform me. Just

18 conversation you know, that you overhear when you

19 walk by, that maybe she's talking to somebody else.

20 Q So you overheard a conversation --

21 A Yes. I don't supervise that process at

22 all. It has nothing to do with me in that sense.

23 I'm not involved in the assignment of case but it's

24 a small -- it's a physically small area so if I'm up

25 there, you know, and I see, you know, and hear


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1 comments and I see the work taking place, you know,

2 real time.

3 Q When you heard about -- when you heard

4Lourdes Hodges mention the signing of this case did

5 you talk to her in further detail about it?

6 A No.

7 Q Did you ever witness any media

8 representatives physically here at GIU?

9 A I did not.

10 Q Did you ever hear with either office talk

11 or speaking with one of your detectives that a media

12 representative was here at GIU?

13 A I did.

14 Q When was that?

15

A I don't remember. It would have been16 maybe a week or so ago, at least.

17 Q So within maybe seven to 10 days, more or

18 less?

19 A Yes.

20 Q Who did you speak to?

21 A I came back from a meeting and I was told

22 that a local member of the media, a street reporter,

23 had been here.

24 Q Who informed you?

25 A My commander.


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1 Q Commander Fox?

2 A Commander Fox.

3 Q And who was the media reporter?

4A I believe the name was Rosh Lowe from

5 Channel 7.

6 Q And when you were notified that the

7 reporter was here did you inquire as to his purpose

8 for being here?

9 A It was a general conversation. From the

10 best of my recollection he wanted to view some

11 evidence.

12 Q Okay.

13 A And I'm told that he, of course, was

14 denied.

15

Q What else did you hear about where he16 physically was within your -- within the station

17 here?

18 A I don't -- I didn't hear any -- I don't

19 know how far, you know -- he's been here before

20 multiple times on other cases so I -- so I don't

21 know how far he got.

22 Q Do you ever speak to him -- to that

23 reporter on a regular basis?

24 A I've never spoken to that reporter.

25 Q Ever?


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1 A Ever.

2 Q Are you aware of a relationship -- working

3 relationship -- with -- between that reporter and

4any one of your detectives?

5 A No I am not.

6 Q Or staff?

7 A No.

8 Q Do you know if any of your detectives

9 speak with that reporter at all?

10 A I have no idea if -- if they do it would

11 not be in my presence.

12 Q Do you know if that reporter just showed

13 up here or was invited over here?

14 A I don't know what the reason for the

15

reporter coming was.16 Q Are you aware that SOP pertaining to

17 records were -- states that police reports will only

18 be released via the records unit to anyone,

19 including law enforcement agencies?

20 A I'm not sure what SOP's have been approved

21 and which ones haven't been approved, so I don't

22 know if this particular one has been signed off.

23 Q This one was signed in 2010 by Chief

24 Hurley. Are you --

25 A I'm aware. I'm very aware of the SOP's.


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1 Q Are you aware of your detectives sharing

2 police reports with other law enforcement agencies?

3 A No, I'm not.

4Q Have you ever witnessed --

5 A Now let me clarify my last question. We

6 have in the past, if you're asking a general

7 question, yes. We have shared police reports with

8 law enforcement agencies in the past.

9 Q In what fashion? Would it be e-mail, just

10 physical --

11 A Fax, e-mail. We have received and we have

12 sent police reports. We've given Miami-Dade and a

13 number of agencies locally. That has been standard

14 practice.

15

Q Okay, when was the last time that occurred16 to your -- the best of your knowledge?

17 A To the best of my recollection it was an

18 arrest warrant that was provided to us by the

19 Miami-Dade Police Department sexual battery unit.

20 They arrested one of our employees and they sent us

21 a copy of the arrest form.

22 Q But as far as you sending or disseminating

23 --

24 A I'm not aware -- I couldn't tell you the

25 last time.


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1 Q Could it have been this year?

2 A Again, at my level I would not know if --

3 if a detective is -- sends a copy of a report out.

4I would not know that.

5 Q But you -- but it's -- you would say that

6 it's -- it's common practice for --

7 A It would not alarm me. It would not alarm

8 me. If I knew that the sharing of information is

9 something that would not otherwise had caught my

10 attention because this is done all the time.

11 Q Including the sharing of police reports?

12 A Including the sharing of police reports.

13 Q Are you aware or have you witnessed any of

14 your investigators taking pictures of property and

15

evidence pertaining to the T.M. case?16 A I have not witnessed it.

17 Q Have you heard in speaking to anybody in

18 your staff about one of your investigators taking

19 pictures of the property pertaining to the T.M.

20 case?

21 A I did. I heard, I don't remember exactly

22 from whom, but I heard from one of my staff members

23 that a Miami-Dade detective wanted to take

24 possession of some evidence and one of the

25 detectives here said no and rather took a picture of


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1 the, you know, the -- obviously I had no idea that

2 things were going to evolve in the manner that they

3 have so I -- I wasn't really paying attention, you

4know, at the time when I heard it. Seemed to me

5 like a reasonable compromise. We were not going to

6 relinquish the property but at the same tim,e, you

7 know, they were working a case and it seemed to me

8 like something reasonable. Good compromise, here's

9 a picture.

10 Q So to the best of your knowledge that

11 picture was sent to Metro-Dade Police. Did you hear

12 anything about it being sent to any media outlet?

13 A I did not.

14 Q Is that a common practice?

15

A What is a common practice?16 Q To take pictures of evidence and sharing

17 of evidence in that fashion?

18 A This is not a common case. This is not a

19 common case. This is very uncommon and his -- you

20 know, it's apparent to me that Miami-Dade Police

21 also gave it more attention, you know, recently, in

22 later of the events that happened. So no, it's not

23 common at all, you know, but certainly pictures is a

24 way that we capture property. You know, we take

25 pictures and we release it back with the owner or


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1 the schools, you know, whenever it's appropriate.

2 Q Do you assign cases for investigation at

3 any time?

4A Never.

5 Q To the best of your knowledge who was --

6 and some of the questions might be repetitive --

7 A It's fine.

8 Q -- so just bear with me. Are you aware,

9 to the best of your knowledge, the T.M. case being

10 assigned to any other investigator besides Detective

11 Hadley like you mentioned?

12 A No.

13 Q How many detectives according to -- to the

14 best of your knowledge from the general

15

investigations unit, quote "followed up" on the case16 or worked on the case or looked into reports or what

17 not?

18 A Well it's my understanding that it was

19 assigned to Detective Hadley.

20 Q You mentioned -- you previously mentioned

21 that to the best of your knowledge it was assigned

22 by Detective Hadley, by Commander Fox, correct?

23 A Well it would have been --

24 Q I'm sorry, I'm sorry, by Sergeant Tagle.

25 A Correct.


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1 Q Via Commander Fox?

2 A Via Commander Fox.

3 Q Commander Fox receives reports for further

4investigation --

5 A The reports are referred to GIU.

6 Q Okay that -- can you explain that process?

7 A Well I can explain it, you know, again,

8 I'm not really an expert in the RMS system. I know

9 that reports are generated in the field for the most

10 part and there's an approval process that eventually

11 finds -- the reports find their way here to this

12 unit.

13 Q Okay.

14 A Okay, and then from there there's the

15

assignment and then the review process.16 Q Okay and as far as detectives working this

17 case, who from your staff do you know where involved

18 with this case at all?

19 A Well --

20 Q Besides Detective Hadley?

21 A I would think --

22 Q And Detective Uchoo?

23 A Well as far as detectives, no other

24 detective that I'm aware of.

25 Q Supervisors?


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1 A Supervisor it would have been Commander

2 Fox who assigned it to Sergeant Tagle, and then it

3 is my understanding that Sergeant Hodges approved --

4approved Detective Hadley's sup.

5 Q Is it ever common for a detective to

6 voluntarily follow up or investigate cases or work

7 cases or dedicating time to cases that are not

8 assigned to them by a supervisor and/or referred to

9 GIU by road unit via the RMS or MCT system?

10 A I would say it's not common but it's

11 possible depending on the circumstances.

12 Q Can you elaborate on a case or give me a

13 scenario where that would be or that would occur?

14 A Sure. You could have a case where

15

seemingly the responding officer or say an officer16 of a school had a certain amount of information and

17 then the follow up investigation and then generate

18 it. You know, some previously known information

19 that then resulted in a more in-depth case. You

20 know, there are all kinds of possibilities. Very

21 fluid process and all kinds of possibilities.

22 Sometimes we get a phone call, you know, for example

23 I'll give you one example, yesterday we got a phone

24 call on a sexual battery. One of the detectives was

25 called out, responded to the home, we learned that


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1 there had not been an initial report written so the

2 detective wrote the initial report. It's a very

3 fluid process.

4Q What is the time frame when an incident

5 occurs and a report is written? What is the general

6 time frame that an -- one of your investigators will

7 look into a case? What's a time -- what's the gap?

8 A It's hard to say because there's a process

9 within the operations division. A report may go

10 back and forth for review purposes and we've had

11 technical difficulties where cases have sat for

12 quite a while. We call it here the crew term that

13 we use is average base. For lack of a better term

14 they actually sit for technical glitches and so

15

forth. So it's hard to say, you know, to give you a16 specific time frame. On a normal situation without

17 a glitch and with a report that doesn't require a

18 lot of revisions, it shouldn't take that long. A

19 report is written --

20 Q Estimate more or less?

21 A A few days.

22 Q A few days. Not a few months?

23 A It should not be a few months.

24 Q Did you ever physically see the property

25 that was impounded involving the T.M. cases?


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1 A No. No.

2 Q Did you ever see the pictures that were

3 taken by Detective Ochoa?

4A I did not.

5 Q Did you ever speak to Detective Ochoa about

6 the pictures he took?

7 A I did not.

8 Q Did you ever hear him make any statements

9 about the pictures he took?

10 A I did not.

11 Q Did you ever speak to Detective Hadley

12 about the case?

13 A I don't remember speaking anything of any

14 subsistent to Detective Hadley about the case.

15

Q Did you ever speak to any other detective16 or supervisor in your unit about the T.M. case and

17 about the printing or reviewing of the reports?

18 A No. Not of anything of substance. Again,

19 as I said previously I know that Detective Hadley

20 went to Sergeant Hodges and Sergeant Hodges approved

21 many of Sergeant Hadley's pending subs. It was

22 those types of general conversations.

23 Q And you found that information out by

24 speaking with who?

25 A No it was something that I heard just


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1 walking around the office.

2 Q Who stated it?

3 A It might have been Sergeant Hodges. She

4was asked by Detective Hadley if she could please

5 approve a whole bunch of reports. Just for clarity,

6 we -- in this unit we basically triage the cases

7 because of the -- you know with so few detectives

8 and so many -- so many -- we handle -- today we

9 handle 900, nearly 900 cases. So just for clarity,

10 the cases are triaged. In other words, we go to the

11 cases with high solvability first, okay, and so it's

12 not uncommon to leave the ones where nobody got

13 hurt, you know, the no identifiable victims, it's

14 not uncommon to leave those. You know, we go for

15

the solvability first. Victims crimes, first. Then16 as time allows, then we'll go back and pick up some

17 of the other cases that are not as present. So

18 again, it's 900, almost 900 today. As of today it's

19 nearly 900 cases. So it's not unusual for

20 detectives to -- to go out and take care of

21 departmental crimes first in a case with a victim

22 where people might be hurt and then go back one day

23 and sit down and get caught up with the other ones

24 that have no solvability. And therefor have a stack

25 -- a police has a stack of reports that they'll just


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1 write subs for those reports. And then in this

2 particular instance, since everybody could do it,

3 they work close with each other is my understanding.

4Detective Hadley asked Sergeant Hodges to approve a

5 whole bunch of reports which I think included the

6 report in question here.

7 Q Which report?

8 A The report involving T.M. and the -- the

9 incident at Krop.

10 Q There was two reports. Do you know what

11 the report dealt with?

12 A With the -- with the property. With the

13 property that was found inside a book bag or

14 something to that effect.

15

Q The jewelry?16 A Exactly.

17 Q The jewelry. So it wouldn't be common for

18 a detective to investigate a case that was not

19 referred to them via the RMS MCT system by a road

20 officer?

21 A It would not be common, it's possible.

22 Q It's possible only if the detectives speak

23 to -- to the officer or someone on the road and they

24 go into the case on their own?

25 A Or a victim or someone calls him directly.


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1 Or the chief many times have asked, can you send a

2 detective somewhere. Because he's -- many times the

3 chief is a recipient directly from a school

4principal or an administrator and so it's not

5 unusual to get a call from the chief to say, "I want

6 a detective following up on that case".

7 Q The case that we spoke about, the jewelry

8 case, the case involving the jewelry was an incident

9 in October, 2011. The found property case was

10 February, 2012. Talking about a four or five month,

11 approximately five month span.

12 A I'm not sure what the found property case

13 you're talking about.

14 Q There was two cases involving the T.M.

15

A Okay.16 Q Involving T.M. There was an October case

17 involving the jewelry, and a criminal mischief, and

18 then there's a February case involving found

19 property.

20 A Okay.

21 Q So those are the two cases.

22 A Okay.

23 Q Is there anything that I may have failed

24 to ask you that you would like to add to this

25 statement?


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1 A No.

2 Q Are there any other persons who are

3 witnesses to the alleged act?

4A No.

5 Q Has everything you said been the truth to

6 the best of your knowledge?

7 A Yes.

8 Q This concludes the statement. It is 3:25

9 p.m. Thank you.

10 (Sworn statement concluded at 3:25 p.m.)

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major evelio rodriquez m-dspd

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