rachel hoffman | internal affairs investigation for drug informant death with botched sting by tpd

September 24,2008

RE: Public Records Request, TPD Special Investigation 08-011Internal Investigation 08-21

Dear SirMadam: : I Please find enclosed the records as you requested from the Tallahassee Police Department. As required by Florida or Federal law, certain portions are exempt from public record and must be redacted. Should you have any questions or feel that this has not answered your request in any way, feel free to contact this office at (850) 89 1-4234.

Florida Statute Exemption o 119.071(2)(d) Surveillance Equipment, Procedures, or Personnel o 119.071(2)(f') Confidential Informants or Sources o Pursuant to Court's Order dated September 24,2008 in State of Florida

v. Andrea Green and Deneillo Bradshaw. Leon County Circuit Court Case No.: 2008CF1681 and 2008CF1682.

Assistant City Attorney Police Legal Advisor

September 25,2008

RE: Public Records Request, TPD Special Investigation 08-011Internal Investigation 08-21

Dear SirMadam:

Please find enclosed the records as you requested from the Tallahassee Police Department. As required by Florida or Federal law, certain portions are exempt from public record and must be redacted. Should you have any questions or feel that this has not answered your request in any way, feel free to contact this office at (850) 891-4234.

Florida Statute Exemption a 119.071(2)(d) Surveillance Equipment, Procedures, or Personnel

119.071(2)(f) Confidential Informants or Sources o Pursuant to Court's Order dated September 23,2008 in State of Florida

v. Andrea Green and Deneillo Bradshaw. Leon County Circuit Court Case No.: 2008CF1681 and 2008CF1682.

Assistant City Attorney Police Legal Advisor

TALLAHASSEE POLICE DEPARTMENT Internal Affairs

Internal Investigation 08-21

TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNll

Contents Allegation Overview: .......,..................... .................................... ..... 4 Witness Officer Interviews: ................... .............,.....,..............., ..... 7

Investigator Gary Watson: ................ .......-............................ ..... 7 Investigator Kevin Miller: ................... . . ..........., ,.. I 0 Investigator Chris Corbitt: ................. . . ............

i ' 5.. 12

Officer Greg Tucker: ............................................................. . . ................. 16 Investigator Vincent Boccio: ............. ............ ,.. 20 Investigator David Donato: ............... ............ .. 23 Investigator Shane Porter: .............................................................................. 25 Investigator Gavin Larrernore: .......... ............ . . 27 Investigator Corey Hale: ................... ............ . . 28 Investigator Rey Finales: .................................... ... .............................. 33 Officer William (Bill) Hurlbut: ............. ............ .. 36 Investigator Jason Laursen: .............. ............ .. 41 Investigator Michael Suleski: .......................... .................................. 45

.................... ............................... Deputy Chief John Proctor: ............ . . 48 ..... Drug Enforcement Administration (DEA) Special Agent Interviews: .. 57

Special Agent Lou Andris: ............................................................................. 57 Special Agent David Wilson:., ............ .. 61 Special Agent Jim Harley: ....., ............ .. 62 Special Agent Robert L. R ~ b t , , , ~ .................................................................... 63

Civilian Witness Interviews: ....... , ...,.. . ...., ............ .. 65 Elizabeth Rose Patty: ............ , ........... , ............ .. 65

Taylor Sexton: ................................... Subject Officer Interviews: .........

................. Officer Chris Pate: ..... lnvestigator Ryan Pender: ............... Sergeant Roderick Looney:

....................... Sergeant David Odom .................... Lieutenant Taltha White:

Captain Chris Connell: ........... ..... Administrative Observations:

.................................... Findings: ............ Vice SOP 2 Section: Ill, B, 10

Sergeant David Odom: ................... .............. Vice SOP 2 Section: Ill, C, 6 .............. lnvestigator Ryan Pender:

Vice SOP 6 Section: Ill, D .................. .............. lnvestigator Ryan Pender:

Sergeant David Odorn: .................... Vice SOP 7 Section: I, C ....................,

1.1. # 08-21 Page 1 of 199

AHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNI

Officer Chris Pate: ................................................................................. 178 Investigator Ryan Pender: ............ ..................................... 178

Vice SOP 10 Section: I .................... ..................................... 178 Investigator Ryan Pender: ......................................................................... 179 Sergeant Rod Looney: ................. ......................... 179

.............. Lieutenant Taltha White: ......................... 179 .............................................................................. Captain Chris Connell: 179

Vice SOP 10 Section: II, B, 6 ........... ..................................... 179 l nvestigator Ryan Pender: ............ ..................................... 179

Vice SOP 10 Section: II I, A ......................................................................... 180 Investigator Ryan Pender: ............ ..................... .. ............ 180 Sergeant Rod Looney: ................. ................................... 181 Lieutenant Taltha White: .............................. .. ........................................ 181 Captain Chris Connell: ........................................................................... 181

Vice SOP 10 Section: Ill, C, 1 ....................................................................... 182 Investigator Ryan Pender: ............. ..................................... 182 Sergeant Rod Looney: .................. .................................. 182

.................. Captain Chris Connell: ................................... 182 Vice SOP 16 Section: II, B, c ............ ..................................... 183 Vice SOP 16 Section: II. E ................ ..................................... 183 Vice SOP 16 Section: II, F, I ............. ..................................... 183

............. Investigator Ryan Pender: ..................................... 183 Sergeant Rod Looney: .................. ................................... 184 Lieutenant Taltha White: ............... .................................... 185

.............................. Captain Chris Connell: .................................... 185 Vice SOP 16 Section: 11, GI 6 ....................... .................................... 185

......................... Investigator Ryan Pender: .................................... 185 ................... General Order 62 Section: VI, C .................................... 186 .................. General Order 46 Section: II, I, I .................................... 186

Investigator Ryan Pender: ......................... . .. - .................................... 186 Sergeant Rod Looney: .................. .................................... 187

............... Lieutenant Taltha White: .................................... 188 Captain Chris Connell: .............................................................................. 189

............... General Order 14 Section: Ill, D. 5 .................................... 190 Investigator Ryan Pender: ......................... .................................... 190

.............................. ................................................................. Conclusion: .. 191

1.1. # 08-21 Page 2 of 199

TALLAHASSEE POLICE DEPARTMEB INTERNAL AFFAIRS UNI

Complaint Number:

ell Complaint Against: ,,,,am ~ n r i s Corm' Lieutenant Taltha White Sergeant Rod Looney Sergeant David Odom lnvestigator Ryan Pender Officer Chris Pate

Classification: Improper Procedure1 Use and Control of Informants Improper Conduct1 Neglect of Duty

Complainant: Chief Denni: ; M. Jon

Date Initiated: July 10,2008

lnvestigator Assigned: lnvestigator George Creamer, Jr. lnvestigator Danielle Davis

I Evidence: Recorded sworn Interviews with the following:

1) lnvestigator Gary Watson, dtd; August 8, 2008 2) lnvestigator Kevin Miller, dtd; August 8, 2008 3) lnvestigator Chris Corbitt, dtd; August 8, 2008 4) lnvestigator Michael Suleski, dtd; August 1 1, 2008 5) lnvestigator Vincent Boccio, dtd; August 11,2008 6) Officer Greg Tucker, dtd; August 1 1,2008 7) lnvestigator Corey Hale, dtd; August 12, 2008 8) lnvestigator David Donato, dtd; August 12, 2008 9) lnvestigator Shane Porter, dtd; August 12,2008 10) lnvestigator Gavin Larremore, dtd; August 12,2008 11) lnvestigator Jason Laursen, dtd; August 13,2008 12) Officer Bill Hurlbut, dtd; August 13,2008 13) lnvestigator Rey Finales, dtd; August 13, 2008 14) Special Agent Jim Harley, dtd; August 14,2008 15) Special Agent Lou Andris, dtd; August 14,2008 16) Special Agent David Wilson, dtd; August 14,2008 17) Special Agent Robert Robbins, dtd; August 14, 200t 18) Officer Chris Pate, dtd; August 22, 2008 19) lnvestigator Ryan Pender, dtd; August 25,2008 20) Sergeant David Odom, dtd; August 26,2008 21) Sergeant Rod Looney, dtd; August 26,2008 22) Lieutenant Taltha White, dtd; August 28, 2008 23) Captain Chris Connell, dtd; August 29,2008

1.1. # 08-21 Page 3 of 199

TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNI-

24) Sergeant David Odom, dtd; September 3, 25) Lieutenant Tatha White, dtd; September 3,2008 26) Sergeant Rod Looney, dtd; September 3,2008 27) lnvestigator Ryan Pender, dtd; September 3, 2001 28) Captain Chris Connell, dtd; September 4,2008

Exhibits:

Please see attached invl ts.

Allegation Overview:

On May 7, 2008, the Vice and Narcotics Unit in conjunction with members of the Career Criminal Unit and the Drug Enforcement Administration (DEA) conducted a BuyIBust Operation at 4750 North Meridian Road, Forest Meadows Park. Confidential Informant (CI) Rachel Hoffman was to complete the purchase from suspect(-')and an unknown suspect that went by the name v. The original Operational Plan detailed a urchase of narcotics from Mr. - residence at Ms. Hoffman was to enter the

I residence and purchase Methylenedioxymethamphetamine (MDMA) and cocaine. Once she exited the residence, a prepared anticipatory search warrant would be served on the residence.

A second scenario was detailed in the Operations Plan. This involved a buylbust in the parking lot of Walmart, 5500 Thomasville Road. The plan called for the suspect@) to enter Ms. Hoffman's vehicle with the intent to sell Ms. Hoffman MDMA. When the suspect(s) entered the vehicle, arrest teams would move in to detain all occupants.

The operations plan listed two suspects as bein involved in the buylbust, 4-p and someone only known as .%. A complete background check was done o- ' w a s not identified prior to the operation.

Once units were enroute to their assigned locations, suspect spoke with Ms. Hoffman and changed the location to Forest Meadows Park, 4750 North Meridian Road. Officers were notified of the change and moved their location to the Forest Meadows Park area. Ms. Hoffman left the Tallahassee Police Department and headed to Forest Meadows in her personal vehicle following lnvestigator Pender and Officer Pate in another vehicle and Special Agent Louis Andris, United States Drug Enforcement Administration, in his vehicle.

Ms. Hoffman pulled into the wrong location, the Meridian Park Baseball Fields 1 south of Forest Meadows. Investigator Pender redirected her north on North

Meridian Road to Forest Meadows. Ms. Hoffman pulled back onto North

1.1. # 08-21 Page 4 of 199

TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT

Meridian Road but did not go to Forest Meadows. When lnvestigator Pender was able to get her back on the phone, Ms. Hoffman told him she was following

on Gardner Road. This was their last contact with Ms. Hoffman.

Investigator's Note: The following is a time table of this operation based on surveillance wire transmission, radio communications and phone calls between lnvestigator Ryan Pender, CI Rachel Hoffman, and suspect 0

SA Andris reports Ms. Hoffman, Investigator Pender, Officer Pate, and himself are leaving Tallahassee Police Department. Pender calls Hoffman (2 min. 58 sec. Conversation) Investigator Pender tells units that '- phoned Ms. Hoffman to tell her he was at Forest Meadows. They had just passed Tharpe Street on North Meridian. Text messages between Hoffman and Ben Reeves Hoffman: 'I just got wired up wish me luck I'm on my way." Reeves: "Good luck babe! Call me and let me know what's up" Hoffman: "its about to go down" Test messages between Hoffman and Liza Patty Hoffman: "Park off meridian now" Patty: "And old Bainbridge?" Hoffman: "Its far ill call u after" Pender calls Hoffman (1 min. 55 sec. onv versa ti on) Investigator Pender tells SA Andris to "keep your eyes on her (Ms. Hoffman)" while he moves back to turn the listening device on. Investigator Pender advised units that they are passing Timberlane Road on North Meridian Road and Ms. Hoffman is calling '0

6:38PM Hoffm calls- From * "Yeah, this 1s I e he residential side, yeah it was like on the east side of the residential neighborhood, but um, right, so the, we're ... alright ... so after I go, sorry, I'm gonna go down this hill after Maclay and then I turn left on the Ox Bottom?

6:39PM Investigator Pender advises he is overhearing Ms. Hoffman's side of the conversation and that is attempting to send her to Ox Bottom Road.

6:40PM Investigator Pender advises they are approaching Maclay School. According to his report, Investigator Pender pulls into Maclay School to park and monitor Ms. Hoffman's wire.

6:41PM Ils Hoffman 1 min. 37 sec. Conversati '

From Pendw "Hey ... he's telling me to go to his dad's nursery, or some shit, I'm not even sure, I'm going through Maclay right now if you see me,

1.1. # 08-21 Page 5 of 199


I'm actually going down this ... Unhuh ... alright, perfect, he told me to get in his car. .. yeah I know I'm not getting in there ... aright so, I'm gonna go down this, on my left? Right here turn left? Alright I don't see the other car out there, 1/11 pull in here."

6:41PM SA Andris advises units that Ms. Hoffman pulled into baseball fields. 6:42PM Investigator Pender advises units that - is attempting to direct

Ms. Hoffman to the nursery. 6:43PM -0 &. Co ion)

You there? Alright .... Ball park ... alright, I'll call you right back ... person. Investigator Pender advises units that he is directing Ms. Hoffman to pull into Forest Meadows Park. She is to tell ''that is where she is. Hoffman speaks to ,' (2 min, 45 sec. Conversation) From Kel transcription: "Hey, alright I'm pulling into the park with the tennis courts right now, cause I have no idea where I am ... unintell ... alright ... I'm in my Volvo" (loses signal) Pender attempts to call Hoffman (no answer) Investigator Pender asks units at Forest Meadows Park if they see her. They do not. Investigator Pender advises he has lost Ms. Hoffman on the wire and can not get her on the phone. Pender attempts to call Hoffman (no answer) SA Andris advises the suspect BMW is parked at the nursery occupied by two black males, parked with nose out by the road. Investigator Pender advises units that he cannot get Ms. Hoffman by phone or wire and that they need to keep eyes on the suspect vehicle a t the nursery. Pender attempts to call Hoffman (no answer) SA Andris advises he is turning around to get back to the nursery. 6:47PM Sgt. Looney advises to get back with the suspect vehicle to ensure Ms. Hoffman does not pull in and make the deal outside their presence. Pender speaks to Hoffman on her phone (42 sec. Conversation) Investigator Pender advises units that Ms. Hoffman in on Gardner Road following - He advises units to go to Gardner Road and move in immediately. Investigator Finales and Investigator Porter advise the arrest teams are on Gardner Road.,

)

Investigative Note:

1.1. # 08-21 Page 6 of 199

TALLAHASSEE POLICE DEPARTME,. I INTERNAL AFFAIRS U N T

This report Is a summary of the statements given by those individuals Interviewed. For the sake of brevity, only a synopsis of the relevant information, and not a word-for-word recital, is contained herein. Unless otherwise indicated, all interviews with witnesses and subject officers were recorded .and transcribed in real time. At the conclusion of the investigation, said tapes and transcriptions will be available for review by interested parties.

Witness Officer Interviews:

lnvestigator Gary Watson: On Wednesday, August 8, 2008, at 10:07 AM, lnvestigator Danielle Davis conducted a taped interview with lnvestigator Gary Watson in the Legal Conference Room of the Tallahassee Police Department. Also present in the room was Internal Affairs lnvestigator George Creamer Jr., Police Benevolent Association (PBA) Representative Sergeant Sam Gereg and Court Reporter Mrs. Sandra Nargiz. The MemberNVitness Administrative Rights and OathlPerjury Warning forms were read, affirmed, and signed by lnvestigator Watson. All parties present witnessed the forms.

I lnvestigator Watson has been employed by the Tallahassee Police Department for over thirteen years. He has been assigned to the Vice and Narcotics Unit for approximately ten months. He has had the opportunity to attend the Basic Narcotics Investigation School and internal training classes on blocking maneuvers, high-risk incidents and conducting surveillance. When he joined the unit he "shadowed" lnvestigator Ryan Pender for on-the-job training.

lnvestigator Watson advised he was present at Ms. Rachel Hoffman's residence, located at 2626 East Park Avenue, number 16303, on April 17, 2008, during the issuance of the search warrant. lnvestigator Watson recalled illegal drugs being present in the apartment and probable cause existing for Ms. Rachel Hoffman's arrest. According to lnvestigator Watson, Ms. Hoffman was not criminally charged because she was provided the opportunity to work for the Tallahassee Police Department as a confidential informant (CI).

On April 18, 2008, Ms Rachel Hoffman came to the Tallahassee Police Department to complete her confidential informant paperwork (packet). Present during the interview was lnvestigator Ryan Pender (the case agent) and lnvestigator Gary Watson. lnvestigator Watson stated that Ms. Hoffman was read her Miranda Rights and afforded the opportunity to call her attorney. According to lnvestigator Watson, Ms. Hoffman did not call her attorney because she did not like him. He stated, "She was afforded that opportunity but her comment was she did not like her attorney because she thought he was kind of geekish, kind of weird, she didn't like him." (Page 14:6-9)

1.1. # 08-21 Page 7 of 199

TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNI-

lnvestigator Watson said he witnessed lnvestigator Pender go through the CI packet with Ms. Hoffman. The CI packet explains what a Cl's rights and responsibilities are and the expectations of the investigator (Page 15:ll-13). lnvestigator Watson advised Ms. Hoffman appeared to understand what her duties were and he witnessed her sign the documents acknowledging her duties. He also advised she was warned not to speak with others about the work she was doing with the Tallahassee Police Department (Page 19:22-25).

When asked what instructions were given to Ms. Hoffman, lnvestigator Watson answered, 'You are given the standard instructions. Do not make contact with these people without us being present, being recorded; don't tell people about what you are doing, secrecy and confidentialitv of what you are doing, things like that," (Page 25:9-16).

According to lnvestigator Watson, Ms. Hoffrn;ll~ ur~uerstood the game of drugs. "...But once she started talking about the deal that she was going to make, it was clear to me that she understood the game of drugs and as we express it, say the game. She was very well versed in the language and how to work the deal ..." stated lnvestigator Watson, (Page 17:9-13). "She was very fluid in using street language in terms of describing the drugs, quantities, dollar amounts, things like

I that," recalled lnvestigator Watson (Page 24:19-21). He continued, "The only - I can express it this way. Me being from a very rough neighborhood growing up and her jargon would have been very consistent with someone from a very rough neighborhood who knew the drug game," (Page 24:24 - Page25:2).

When asked if Ms. Hoffman volunteered to purchase MDMA, lnvestigator Watson advised, "She would have had to," (Page 17:25 - Page 18:2). He also advised she would have been the one to bring up the firearm. "I believe she brought that up because we had no reason to believe that there was anything about a firearm anywhere," (Page 18:3-6).

lnvestigator Watson did not recall a discussion about Drug Court during the meeting. He stated, "I don't remember Drug Court coming up in that because normally it's a probation and I don't remember anything from Drug Court coming up," (Page 20:14-18).

lnvestigator Watson said he did not know what transpired in between the time Ms. Hoffman left the police station on April 18, 2008 and her coming back with her supplier . . on April 21, 2008. He stated, "I don't know what happened, w-etween her leaving and showing up w i t h w i t h her and the case agent. But I do know that she informed us on that time that her neighbors who were out there that day saw what was happening and the reason

.)did not do the deal was because someone had already t o l d that we I busted her and that she was working for us. ~ n ~ u ~ ~ o s e d l ~ confronted her

with that. And one of the things w a a m e in and said, hey, you know, I will

1.1. # 08-21 Page 8 of 199


help her work off the charges. I will give you information to help work off these charges for her," (Page 25:24 - Page 26:9).

present at the meeting on April 21, 2008, with Ms. Hoffman, and Investigator Pender. He stated, "Yeah, I was

a b o u t ~ w o u l d work off the charges and they were trying to work out whatever the situation between the o of them, in terms of the

and Hoffman, for what she was going to do for &. And I was like - - we like, hey, that's not what we here for," (Page 26:16). lnvestigator Watson

a reed the conversation was stopped aboutwhat she was going to do for- a lnvestigator Watson advised lnvestigator Pender spent a lot of time preparing for the May 7, 2008 operation. He stated, "...Investigator Pender was doing so much on that case, he was creating OP plans (operational plans) and having to recreate OP plans. I mean he had so much information in the OP plan, I don't remember what the original date was-"(Page 28:l-4).

lnvestigator Watson advis He was assigned to the -

I When asked which supervisors attended the operational briefing, he recalled Sergeant Looney, Lieutenant White and Captain Connell being present. He did not recall anyone (supervisors or investigators) present objecting to anything being discussed at the briefing. He also did not recall anything about Forest Meadows Park being discussed at the briefing or written in the operational plan.

According to lnvestigator Watson, the initial plan was to conduct the operation at the house. He stated, "That was the residence. As I said earlier, there is always a contingency for things. And this is not - - this type work is not something that always happens where you think it's going to happen," (Page 34:19-23). lnvestigator Watson advised the case agent decides on where the location is going to be.

When asked if lnvestigator Pender was allowing the suspects in this investigation to set the buy location, lnvestigator Watson answered, "Negative. He was not," (Page 351-3). He did not know how the operation moved to Forest Meadows because he .was at the -1- conducting surveillance. He learned the operation had m6md to Forest Meadows after speaking with lnvestigator Hale. He stated, "lnvestigator Hale and I talked on the phone and 1 knew he was going to Forest Meadows. lnvestigator Pender informed me that I needed to head- - that it was going to take place at Forest Meadows," (Page 38:22-25).

lnvestigator Watson said he knew one suspect's 'identity. He did not know the other suspect. J,.

-

1.1. # 08-21 Page 9 of 199

TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT

The interview was concluded at 10:57 ' AM.

lnvestigator Kevin Miller: On Friday, August 8, 2008 at 12:57 PM, lnvestigator Danielle Davis conducted a taped interview wfih lnvestigator Kevin Miller in the Legal Conference Room of the Tallahassee Police Department. Also present in

;the room was Internal Affairs lnvestigator George Creamer Jr., PBA Representative Sergeant Sam Gereg and Court Reporter Mrs. Sandra Nargiz. The Memberwitness Administrative Rights and OathIPerjury Warning forms were read, affirmed, and signed by lnvestigator Miller. All parties present witnessed the forms.

lnvestigator Miller has been employed by the Tallahassee Police Department for over eight years. He has been assigned to the Vice and Narcotics Unit for approximately three years. For formalized training lnvestigator Miller has attended schools on; Basic Narcotics investigations, Advanced Undercover Narcotics Investigations, Methylenedioxymethamphetamien (Meth) lab training / certification, and Interviews and Interrogations. For on-the-job training he shadowed former Vice investigator Sergeant Sam Gereg.

I lnvestigator Miller advised background checks are completed on a confidential informant before a CI packet is given to a supervisor to sign off on. Additionally, the packet must be signed prior to the CI being worked. According to lnvestigator Miller probation and parole status is always asked of the potential CI and if they are working with any other agencies.

lnvestigator Miller did not participate in the search warrant served at Ms. Hoffman's residence. He was unaware Ms. Hoffman was participating in the Drug Court also unaware she came to the police station with her supplie after completing her CI packet. He answered, "I

- Page 16:4).

lnvestigator Miller advised he got involved in the investigation involving Ms. Hoffman at the request of lnvestigator Pender. He said he sat in on control phone calls she was making to suspect "m He, however, could not recall the exact date of the phone calls.

lnvestigator Miller said he knew a couple of days prior to May 7, 2008, the operation was going to occur. He said Ms. Hoffman ma (on May 5, 2008) to contact W by telephone at the but the attempts were unsuccessful. He stated, "So, it was

i at that point I believe she met w i t h u - 1 " (Page 1 7:16-20).

1.1. # 08-21 Page 10 of 199

TALLAHASSEE POLICE DEPARTMI INTERNAL AFFAIRS UNIT

ENT

lnvestigator Miller later agreed the person Ms. Hoffman spoke with during the "meet and greet" was-''

He recalled the "meet and greet" lasting for approximately 20 minutes. He could not remember the exact details of the conversation but advised it was recorded. From what he did recall, Ms. Hoffman seemed comfortable speaking with

'and in control of what she was saying. "From what I remember, he basically assured that he could get the drugs that she was wanting. I don't remember the finite details of it, but it sounded good. We left it thinking yes, that he was going to be able to get us those particular drugs," said lnvestigator Miller (Page 18-20-24).

According to lnvestigator Miller the suspect "m was not identified between the time frame of April 22,2008, and before the May 7, 2008 operation occurred at 6 PM.

In reference to background work, lnvestigator Miller advised he assisted May 7Ih. He went to d- and to the

where he took photographs. He did not do any other

I When asked who determines buy-busr ~ocarions, Investigator Miller responded, "It's a very difficult question to answer. We do our best to make sure that the location is purely by our choice. We - - ideally, we would like it to be in one particular location; however, the nature of narcotics and the untrusting nature of suspects sometimes will make it so that location will have to change. If the location changes, there is an assessment, generally by our supervisors, to make sure that the location would be conducive.to the way we would perform our operation. If it's not conducive we would not do it," (Page 13:15 - :3). According to lnvestigator Miller, the supervisor gives the final okay to move the location of the bu'y-bust.

lnvestigator Miller advised he was a part of the primary arrest team for the May 7Ih operation. From what he recalled from the operational plan, Forest Meadows Park was not mentioned. He recalled the Wal-Mart (5500 Thornasville Road) a n d f b a s the buy locations listed in the plan.

When asked if he was present for the operational briefing on May 7'h, lnvestigator for part of the briefing because he was taskedwith

He recalled supervisors Sergeant Looney, Lieutenant present at the briefit-@. He did not recall

anyone at the briefing objecting-to anything discussed.- when agKed what assignment DEA (Drug Enforcement Administration) Agent Lou Andris was given he advised, "I don't remember what it said specifically on paper without reviewing it. I know that he was with lnvestigator Pender and Rachel Hoffman," (Page

1.1. # 08-21 Page 1 1 of 19'


25:17-22). lnvestigator Miller did not recall Forest Meadows Park being discussed at the briefing.

According to lnvestigator Miller after the briefing was over, no one knew exactly where the buy-bust was to occur. He stated, "We - had the general location. We wanted it on Thomasville, the Wal-Mart. However, I think we were going to have a better idea once - an actual finalized location once more phone calls were made, which is actually very common," (Page 26:6-12). After the briefing he and the rest of Arrest Team # I (Sergeant Looney, lnvestigator Suleski and lnvestigator Boccio) went to the parking lot, "geared up" and stood by for the final confirmation on where the deal was to occur (Page 27: 21-24).

When asked if lnvestigator Pender allowed the suspects to pick the buy location, lnvestigator Miller answered, "I don't know. You have to ask him, lnvestigator Pender that," (Page 28:lO-13).

When asked what occurred when he reached Forest Meadows Park, lnvestigator Miller advised his team drove into the park via the main entrance and "pulled just to the right of the entrance." 'We were informed by units that were already in it that a possible suspect vehicle matching the description of the suspect vehicle was already there so we set up in a position to where we could try to see it. We couldn't see if from where we were at," said lnvestigator Miller (Page 29:3-7). lnvestigator Miller advised no one ran the license plate of the vehicle to try and identify whom the car belonged to.

lnvestigator Miller recalled what occurred when Ms. Hoffman reached the park area from the radio transmissions that were occurring at the time. He stated, "...I believe Rachel Hoffman pulled into the first entrance off Meridian to the park, which is south of the main entrance in the parking lot where we wanted her to go. And somehow in there, I don't know, 1 didn't see any of it, she had pulled back out and was supposed to come to our location - - or go to our location and return, which she never did," (Page 29:16-23).

lnvestigator Miller said he never saw Ms. Hoffr nan er iter Forest Meadows Park.

The interview was concluded at I :30 PM.

lnvestigator Chris Corbitt: On August 8, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with Investigator Chris Corbitt after being advised of his OathlPerjury Warning and Police Officer Statement of Rights. Sergeant Sam Gereg was also present as lnvestigator Corbitt's P.B.A Representative. lnvestigator Danielle Davis and Court Report Sandi Nargiz were also present.

I

1.1. # 08-21 Page 12 of 199

TALLAHASSEE POLICE DEPARTME

\ INTERNAL AFFAIRS UNIT

INT

lnvestigator Corbitt has been employed as a police officer with the Tallahassee Police Department for approximately 12 years and is currently assigned to the Technical Operations Unit. He has been assigned to t years. lnvestigator Corbitt has received training in

advanced surveillance techniques, and has twice attended the National Technical Investigator's Association's (NTIA) training seminar.

According to lnvestigator Corbitt, all Special Investigations Unit (Vice) investigators receive basic training and are authorized to use the technical surveillance equipment. He referred to some as "superusers". . Those listed as "superusers" currently are Investigators Ryan Pender, Kevin Miller, Corey Hale, Gary Watson, and Scott Heath.

lnvestigator Corbitt was asked what extra training was provided to "superusers". lnvestigator Corbitt stated, "Just additional hours of product-specific training. There was some vendor training materials that were provided for them. They are shown advanced installation techniques or - and have assisted in setting those operations up when I am not available." (pages 10:22 - 11 :I )

Later in the interview lnvestigator Corbitt was asked to further explain what training is necessary to be a "superuser" in regards to surveillance equipment.

1 He stated, "There is not a designated standard that someone satisfies to become a superuser. It is based on a selection by the sergeant for who will participate, the desire of that person to participate, and then the additional training that is provided." (page 352-6)

lnvestigator Corbitt was not involved in the planning or execution of the operation dated May 7, 2008, involving Confidential Informant (CI) Rachel Hoffman. lnvestigator Corbitt had been requested to assist the Florida Department of Law Enforcement (FDLE) in Panama City, FL, reference a violent crime where tracking equipment was required. Hf however, aware of the equipment used for that operation.

Investigator's Note: lnvestigator Corbitt sent by email the following model I numbers for the_above listed equipment:

1.1. # 08-21 Page 13 of 199


Prior to our interview, lnvestigator Corbitt and his PBA representative, Sergeant Sam Gereg, were taken to the area of the May 7, 2008 operation. They were shown key locations in the operation to include Forest Meadows, the Meridian Sports Complex, and Maclay School. This was in preparation for asking lnvestigator Corbitt questions as to how he would have arranged equipment for the operation.

ccording to lnvestigator Corbitt, it would have been uncommon to use for an operation such as this one (page 18:19). lnvestigator Corbitt was

"So not knowing the particulars of the operation, then it's impossible for me to say hypothetically what I would have used. I can tell you half of the equation as

1 far as the equipment itself, but the needs and demands of the operation, it's hard for me to make recommendations without knowing those particulars." (pages 17:25 - 18:12)

lnvestiaator Corbitt was asked to describe where he would have laced the Y n this operation. He stated, "Again, the particuiars of the

1.1. # 08-21 Page 14 of 199


lnvestigator Corbitt stated he maintains the repair logs on the equipment used. According to lnvestigator Corbitt, all the equipment used during the May 7, 2008 operation was in good repair with no noted issues.

lnvestigator Corbitt was asked where he would have setup the monitoring vehicle to monitor an operation occurring at Forest Meadows. He stated. "Again. it's

Investigator's Note: The parameters lnvestigator Corbitt listed were not known to officers involved in the operation on May 7,2008.

As ~reviouslv noted. lnvestiaator Corbitt was ~rovided a tour of the area around

"So in that situation, I would begin as far away as I felt comfortable for the operation. And if I was not able to receive, then I may move closer until 1 am able to receive. And that may be a trial and err01 operation." (page 251-15)

Investigator's Note: The baseball fields south of Forest Meadows that lnvestigator Pender will refer to is the Meridian Sports Complex. For the purpose of clarity, distances between the Meridian Sports Complex, Maclay School, and Forest Meadows Park were recorded. Maclay School is approximately .55 miles south of the Meridian Sports Complex. Maclay School is approximately .6 miles south of Forest Meadows Park. The Meridian Sports Complex is approximately .05 miles south of Forest Meadows Park.

1

1.1. # 08-21 Page 15 of 199


According to lnvestigator Corbitt's interview, Maclay School would have been an acceptable starting point for gauging the reception for an operation being conducted at Forest Meadows.

lnvestigator Corbitt was asked to describe the duties of the team in the monitoring vehicle. He stated, "The duties, as I understand them, for the monitoring person is to monitor the transaction, monitor the wire, the audio that is coming, and relay pertinent information to the team.

"Generally, I am listening not at the specifics of the conversation, but 1 am listening for conversation that is consistent with the drug transaction. I am listening for any predetermined symbols of verbiage to indicate that the deal has occurred.

"Depending again on the operation, if there is to be a takedown or whatever is to occur, then I will relay pertinent milestones during the operation that it has occurred, suspects have arrived, suspects have departed, whatever those may be." (pages 28:17 - 295)

lnvestigator Corbitt acknowledged some advantages to having the case agent and the monitoring person as the same person or in the same vehicle. The case

1 agent has specific knowledge about the investigation and therefore a benefit when monitoring the transaction. His preference is to have the case agent or someone as knowledgeable with him while monitoring the audio surveillance.

Officer Greg Tucker: On August 11, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with Officer Greg Tucker after. , being advlsed of his OathlPerjury Warning and Police Officer Statement of Rights. Sergeant Sam Gereg was also present as Officer Tucker's P.B.A Representative. lnvestigator Danielle Davis and Court Report Sarah Gilroy were also present.

Officer Tucker has been employed with the Tallahassee Police Department as an officer for approximately 10 years. He is currently assigned to the patrol division. Prior to this he spent 14 months in the Special Investigations Unit (Vice). As part of his training in Special Investigations, Officer Tucker attended training in basic narcotics investigations, undercover work, and a Drug Enforcement Administration (DEA) diversion course.

lnvestigator Tucker provided a description of the process for documenting a confidential informant (CI). According to Officer Tucker, it is the investigator's responsibility to do the background check on potential Cls. This background check includes a criminal history check. Officer Tucker stated, "Obviously we

I check JIS and FCIC." (page 155) Officer Tucker stated pretrial release and

1.1. # 08-21 Page 16 of 199


diversion programs such as the Drug Court program are not an issue when enlisting a CI.

The rules of confidential informants (CI) are to follow were discussed with Officer Tucker. According to Officer Tucker, the list is "pretty comprehensive as far as telling them what to do, what they're not allowed to do and such." (page I 1 :22- 24)

Officer Tucker was asked if was against the rules for a CI to discuss their work with the Tallahassee Police Department with another suspect, one they're attempting to "set up". He stated, "Yes." (page 12:4) Later in the interview he stated this would be cause for him to dismiss the CI. (page 19:3)

Officer Tucker was asked if would be against the rules for a CI to discuss or set up a deal with a suspect without first discussing it with the case agent. He stated, "In fact, that's one of the rules we discuss, that you cannot set anything up. I tell, them, if somebody calls and says, hey, I got to do this, put them off. What do you got to do? My sister is in the hospital, got to leave town. Put them off until you can talk to me. Then 1 will give you guidance from there. But you don't say anything without me knowing about it." (page 12:8-15)

i Officer Tucker was asked what decisions were up to a CI to make. He stated, "The CI makes no decisions besides whether they want to work or not. That's always their decision. If they want to walk, I don't care. I can get other CIS. But we make the decision." (page 26:16-19)

Officer Tucker was asked about a situation where one CI paid another CI to work for Vice and for that work to count towards the first Cl's substantial assistance. Officer Tucker was asked if he would have a problem with that. He stated, "Yeah. I just - no, I don't - again, I'm sort of a stickler as far as, I don't like Cls. I don't trust Cls. I don't like using Cls. I kept them lower level just for that reason."

Officer Tucker was asked if suspects are allowed to choose the location for an ooeration. He stated. 'We ultimatelv decide if we're aoina to ao there or not.

--. someplace that meets our parameters." (page 35:l-7)-

According to Officer Tucker, operational plans are approved and physically signed off on by a supervisor. At times there are corrections made along the way that may cause the final copy to not bear a signature. The final copy, though, will not be substantially different from the signed copy.

I Officer Tucker was asked who had the authority to change an operation once it was in motion. Investigator Creamer specified the change referred to would be

1.1. # 08-21 Page 17 of 199


the location of the operation. Officer Tucker stated, "At the very minimum your sergeant, at the very minimum. And usually the sergeant - obviously I'm not there; I don't know. But I'm guessing they usually call the lieutenant. But the very minimum your sergeant has to know about that." (pages 37:25 - 38:4).

For the operation dated May 7, 2008, Officer Tucker was assigned to arrest team number two. Officer Tucker was to drive his unmarked vehicle with lnvestiaators lason Laursen, Gavin Larremore, and Shane Porter. Officer Tucker assisted in

E l Rachel Hoffman was to use in the operation. :ent of the operational briefing (page 43:7). His

knowledge of the operation, who was in attendance at the briefing, and their assignments was limited to the operational plan.

Officer Tucker was asked who approved the operational plan. He stated, "At least up to the deputy chiefs level, because he gave us the money. So I figured at least up to there it had been approved, since he gave us the money to do the operation. He gave Pender the money to do the operation." (page 41 :19-23)

Officer Tucker was asked who had been assigned to "keep eyes" on CI Rachel Hoffman. He stated, "Usually that's handed off to people as we go. In this case we had arrest teams already in the parking lot. My understanding was that Pender or someone else would follow her up to the entrance to Forest Meadows. When she pulled in, the teams already in the parking lot would take over surveillance then." (page 45: 14-1 9)

Officer Tucker learned the location for the operation had been changed to Forest Meadows once he and his team were in their vehicle. Officer Tucker had been to the area before. One of the officers on his team told him which entrance to turn into once they got to Forest Meadows. Officer Tucker was asked to describe ,

Forest Meadows and the surrounding area. He stated, "Basically the three entrances - at the time I knew there were two or three entrances. But, now, of course, I know there is more. The first entrance is softball, baseball field. The second is the tennis facility. And the third entrance is the soccer field or something. I think it's something else. Basically a third entrance of the road, if I;m not mistaken." (page 50:4-10)

Officer Tucker was asked if he knew what the safeguards were in case of a robbery or should CI Rachel Hoffman chose not to follow directions. He stated, "I wasn't at the briefing for that part. I know what normally would happen. As far as the particular operat ~n't know." ion, I dc

IA -L-.. Investigator's Note: I[ sr10uld be noted the three Investigators in Officer Tucker's vehicle, Larremore, Laursen, and Porter, are members of the Career Criminal Unit and the Tactical Apprehension and Control (TAC) team. They were carrying gear to assist the operation should a violent encounter occur.

1.1. # 08-21 Page 18 of 199

TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS U N P

Officer Tucker was asked if anyone "scouted" out the area when the location was switched to Forest Meadows. He stated, "Didn't have time to scout it out ahead of time because they had just made the change. Our guys got there - I don't know who got there first, but we had units there well ahead of when Pender left the station." (page 551 2-1 6)

Officer Tucker was asked if he thought the location of Forest Meadows was a

1 According to supplemental reports and statements, a possible suspect vehicle was located in the Forest Meadows parking lot by Investigator Corey Hale. He radioed to other units in the parking lot this information. Officer Tucker was asked if this caused them concern about possible counter-surveillance by the suspects. He stated, "We're always looking for anybody else hanging around the parking lot who looks like they're watching anybody else in the parking lot." (page 57:lO-12)

Officer Tucker was asked if concern of counter-surveillance by the suspects would warrant calling off the operations. He stated, "Depends if we had seen that counter-surveillance or not. Again, it's something you're always aware of. Some of your dopers do it automatically." (page 575-8)

Officer Tucker was asked if he thought someone would be following CI Rachel Hoffman to the entrance of Forest Meadows where the arrest teams would up visual surveillance. He stated, "Yes."

Officer Tucker heard lnvestigator Pender on the radio when he advised CI Rachel Hoffman was heading to the entrance of Forest Meadows from the exit of the Meridian Sports Complex. He was asked if he thought someone had continued to follow her to the park entrance. Officer Tucker stated, "It was only a few seconds there. And when he said he lost her on the wire, at that point we

I knew it was a problem, because we knew they weren't behind her, and they lost her on the wire. So we knew there was a problem right there." (page 59:21-25)

~-

1.1. # 08-21 Page 19 of 199

TNTERNAL AFFAIRS U N I I

When lnvestigator Pender radioed to units that CI Rachel Hoffman was on Gardner Road, Officer Tucker and his team left the parking lot and headed north on North Meridian Road. According to Officer Tucker, no one in his vehicle knew where Gardner Road was located. At some point, he was given directions over the radio that Gardner Road was approximately two miles north of Thompson Circle.

Officer Tucker did not activate his lights and siren when responding to Gardner Road. Officer Tucker stated, "I was tom between activating lights and sirens. If this is going bad to a robbery, they hear it coming, and something bad happens, which we didn't know at the time she was already - so I was torn between getting there as fast as I could and not alerting the bad guys until we got there. At that point we didn't care about the takedown as far as the arrest. We didn't care about the dope. We were going to get our CI back."

Investigator Vincent Boccio: On August 11, 2008, lnvestigator Gaurytr Creamer, Jr. conducted a taped interview in the Legal Conference Room with lnvestigator Vincent Boccio after being advised of his OathIPerjury Warning and Police Ofticer Statement of Rights. Sergeant Sam Gereg was also present as lnvestigator

I Boccio's P.B.A Representative. lnvestigator Danielle Davis and Court Reporter Sarah Gilroy were also present.

lnvestigator Boccio has been employed by the Tallahassee Police Department as an officer for approximately 7.5 years. He has been assigned to the Special Investigations Unit (Vice) for almost 4 years. As part of his position he has received training reference indoor marijuana school, basic investigations, interviews and interrogations, tactical drug law enforcement, high-risk search warrants, and rave drug identification.

lnvestigator Boccio discussed the procedures per Vice Standard Operating Procedure (SOP) for documenting confidential informants (CI). He stated, 'We will run warrants, wants and warrants, NCICIFCIC, our local database." (page 10:5-6) According to lnvestigator Boccio, the Drug Court program is not an issue.

Once the CI Packet is completed, it is sent to the sergeant for review. lnvestigator Boccio stated, "And the supervisor, again, their ultimate decision is to sign off on the packet or not and whether it gives us permission to use the CI." (page 12:12-14)

lnvestigator Boccio was asked what would cause him to stop using a CI. He stated, 'Whether the CI has been arrested while in my - under my supervision, I

! guess so to speak, for obviously drug-related crimes; if they're caught lying; if they're out and about, and they're telling other people that they're working for the

1.1. # 08-21 Page 20 of 199


police department, and deals are starting to fall through because theyre openlng their mouth, that would be some of the big reasons they will be inactive for us." (pages 12:24-13:6)

lnvestigator Boccio was asked if it would be cause for dismissal if a CI disclosed hisker status to a suspect. He stated, "Yes. They wouldn't be used again." (page 13:15)

lnvestigator Boccio discussed how it is determined what type and the quantity of product the CI is to purchase. He indicated it depended on what the CI normally purchased. The amount and price would be consistent with the Cl's history. The type of drug would also depend on the Cl's habits, lnvestigator Boccio stated, "I would ask them, would you be able to buy that? They would say, yeah, I've done that before. I'm not going to send someone in, never bought something before, and just do it." (page 19:17-21) lnvestigator Boccio was asked if that decision was left to the CI. He stated, "No. That would - again, the CI would run it through me, and then you talk it over with your supervisor." (pages 19:24- 20:l)

lnvestigator Boccio was asked if he would allow one CI to pay another CI to work for the Vice Unit and for that work to apply to the first Cl's substantial assistance. He stated, "No. CI number one would ask C1 number two, hey, can you buy drugs from this person or introduce - you know, can you introduce me to this person? Sure. But paying for money? No, we don't do that." (pages 21 :24-22:3)

lnvestigator Boccio was asked if there are any discussions at an operational briefing that are not covered in the operational plan. He stated, "The only thing that's ever discussed that's not in the operational plan is safety concerns. Does anyone see an easier way to do it? Obviously it's already written on paper." (page 26:19-22) lnvestigator Boccio was asked who had the authority to change an operational plan once the operation is in motion. He stated, "Usually on a buylbust or search warrant you always have a sergeant on scene. If something - and the case agent and sergeant are constantly talking. They're telling him what's going on, what the CI is talking about, what the bad guy is saying. So if something was to go wrong, the ultimate decision would be made by your sergeant." (page 29:7-13)

For the operation dated May 7, 2008, lnvestigator Boccio was assigned to arrest team one with Sergeant Rod Looney and Investigators Mike Suleski and Kevin Miller. When asked about supervisors who attended the briefing, he recalled seeing Captain Chris Connell, Lieutenant Taltha White, and Sergeant Looney. According to lnvestigator Boccio, the Drug Enforcement Administration (DEA) Special Agents were assigned surveillance at - He did not recall any of DEA Special Agents bc signed surveillance on CI Ra Hoffman.

?ing as: chef

1.1. # 08-21 Page 2 1 of 199

TALLAHASSEE POLICE DEPARTME- - . INTERNAL AFFAIRS UNIT

lnvestigator Boccio was asked who approved the operational plan. He stated, "I know the sergeant was on scene. Lieutenant, captain, and had to be approved by the deputy chief, because he issued the money." (page 33:15-17)

lnvestigator Boccio was asked about the safeguards discussed at the briefing.

asked, "And all that is contingent upon the wire, everything else,listening devices being operative?" lnvestigator Boccio stated, 'That's correct."

lnvestigator Boccio's team was still in the parking lot of the Tallahassee Police Department when he got word the location of the deal had been moved to Forest Meadows. He did not know who changed the location. He was asked if he and his team went straight to Forest Meadows. He stated, "That's correct, on North Meridian Road. We actually parked - once we passed Meridian Road, passed the park, we actually pulled into a church, because lnvestigator Hale - I'm sorry - yeah, lnvestigator Hale's team was going to drive into the parking lot and see if they could get eyes on a potential suspect vehicle. Once they did, then our team

I took place inside Forest Meadows park." (page 40:15-23)

lnvestigator Boccio was asked if pre-surveillance was done at Forest Meadows. He stated, "The only pre-surveillance was because we were heading toward that direction anyway. lnvestigator Hale's team went inside, did a quick drive-through to see if we could locate the silver BMW that we go information about." (page 42:5-9)

lnvestiaator Boccio was asked if Forest Meadows. Der Vice SOP. was a aood

for a buylbust." (page 42:15-22)

lnvestigator Boccio was asked if it wa: :ern that the suspects might have

I Investigator Boccio was asked at what point did he believe C1 Rachel Hoffman was not going to make it to Forest Meadows. He stated, "We were advised on

1.1. # 08-21 Page 22 of 199

TALLAHASSEE POLICE DEPARTM t N I INTERNAL AFFAIRS UNIT

the radio she pulled into the wrong entrance. lnvestigator Pender then stated that she should be pulling in now to the other location. We had eyes on the entrance. We did not see her. About a minute went by. Rod Looney got on the phone, on the radio and said, we don't see her. lnvestigator Pender said, they're trying to get in touch with her. And he mentioned something about Gardner Road. That's when we started heading out." (page 44:24-438)

lnvestigator David Donato: On Tuesday, August 12, 2008, at 1:00 PM, lnvestigator Danielle Davis conducted a taped interview with Investigator David Donato in the Legal Conference Room of the Tallahassee Police Department. Also present in the room was Internal Affairs lnvestigator George Creamer Jr., PBA Representative Sergeant Sam Gereg and Court Reporter Mrs. Sandra Nargiz. The MemberMlitness Administrative Rights and OathlPerjury Warning forms were read, affirmed, and signed by lnvestigator David Donato.

lnvestigator Donato has been employea ~y the Tallahassee Police Department for fourteen years. He has been assigned to the Vice and Narcotics Unit for four years and assigned to the Drug Enforcement Administration Task Force for almost two years. He has received the following training related to narcotics: an

I 80 -hour DEA Basic Investigations school for state and local officers and the 40- hour advanced DEA state and local investigator class; a 24 hour school on indoor marijuana grows; a 32-hour class on asset forfeitures and seizures; a 40 b u r class on criminal patrol techniques for drug enforcement and Interview and

" Interrogations. He received on-the-job training from former Vice investigator, Sergeant Sam Gereg.

According to lnvestigator Donato the investigators run JIS (Justice Information System) checks on potential confidential informants and Teletype runs the FCICINCIC printouts. (Page 9:23-24)

lnvestigator Donato advised he was not present for the search warrant served on April 17, 2008. He also did not attend any meetings with Rachel Hoffman between April 18" and May 7th.

lnvestigator Donato said he became aware the May 7Ih operation was going to occur on May 7th around lunchtime. "Pender called me right around lunchtime. In fact, I think I was at lunch," said lnvestigator Donato (Page 30:18-21). lnvestigator Donato said he goes to lunch at 11:30 AM.

When asked what preparation he did for the May 7'h operation, lnvestigator Donato advised he completed a DEA operational plan which referenced back to the TPD (Tallahassee Police Department) operational plan. He also searched through DEA records to see if there was intelligence information

h e y didn't have any). Additionally, lnvestigator

1.1. # 08-21 Page 23 of 199


gathered information on the investigators participating in the operation (their birthdays and social security numbers) for the DEA deputization form. lnvestigator Donato's attention was directed to an e-mail he sent to himself with the involved officers' dates of birth, social security numbers, home addresses, birth city, and date of their last firearms qualification. When asked if that was all that is required for an officer to be deputized under DEA, lnvestigator Donato advised there is a standard DEA form with blocks on it. The information gathered goes onto the form. After the form is completed, the officers have to raise their right hand and swear.

According to lnvestigator Donato, the DEA supervisor would have been the person to deputize the officers involved in this investigation. He believed eight or nine officers were deputized.

lnvestigator Donato recalled DEA agents Jimmy Harley, Lou Andris and the DEA attending the briefing. Jimm Harle was sent t o r n o

w a f c h u s e and as a spotter* --. He was unsure what Agent Andris' assignment was.

When asked what supervisors are normally on scene, he advised a sergeant. He said lieutenants normally attend the briefings and in the case of this operation,

I the captain (Connell) was there.

lnvestigator Donato said he a n d ( ~ ~ e n t Robert Robbins) left to g- r efore the controlled telephone contacts were made. When he got t o m he called lnvestigator Pender and learned the location of Forest

Meadows had been decided on. He did not recall Forest Meadows specifically being mentioned at the briefing. He stated, "...they did mention that she had had a conversation with him and they mentioned some kind of park where all the rich people go off Old Bainbridge," said lnvestigator Donato, (Page36:8-12). He continued, "...She had had conversation with him at some point and they were talking about doing it at the park where the rich people go on Old Bainbridge. And of course nobody knew what that was because it doesn't exist," (Page 36:24- Page 37:3).

lnvestigator Donato was asked what the restrictions are in terms of buylbust locations. He answered, "I don't know if there is really any spelled out. What you are going to look at is someplace where you can blend in, you can do it safely for everybody involved, from the sources, the suspects, to the innocent people, to the officers that are doing it. Someplace that you can, again, kind of blend in and monitor and kind of quickly seal off or isolate," (Page 37:13-21). lnvestigator Donato believed Forest Meadows Park met those guidelines.

--------.-

1.1. # 08-21 Page 24 of 199

TALLAHASSEE POLICE, DEPARTMENT INTERNAL AFFAIRS UNIT

at the house,- went to - to see if they could follow the suspects from the house to the deal and still have a valid search of the house Pa e 39:6-11). lnvestigator Donato advised he could see the h o u s a &-

Investigator Donato advised-~hen he heard it relayed that the gray BMW, which

Investigator Donato advised Anent Harley then advised "thev" were at the dead end o f~a rdne r Road. After hding ~ a i d n e r Road

lnvestigator Donato a d v i s e n g wasn't going right." (Page 43:15-23)

lnvestigator Shane Porter: On August 12, 2008, lnvestigator George Creamer, Jr. conductea a taped interview in the Legal Conference Room with lnvestigator Shane Porter after being advised of his OathlPerjury Warning and Police Officer Statement of Rights. Sergeant Sam Gereg was also present as lnvestigator Porter's P.B.A. Representative. lnvestigator Danielle Davis and Court Reporter Sandi Nargiz were also present.

lnvestigator Porter has been employed by the Tallahassee Police Department for approximately 8 years. He is currently assigned to the Career Criminal Unit

I ( c c ~ ) and has been for the past 4.5 years.

- -

1.1. # 08-21 Page 25 of 195

TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT ,

lnvestigator Porter was asked to participate in the May 7, 2008 operation as extra staffing (page 19:3-4). Had the operation taken place at - lnvestigator Porter and the CCU participants were to use their Tactical Apprehension and Control (TAC) supplies. If a robbery or hostage situation were to occur, Captain Chris Connell advised that the CCU participants were to take over. lnvestigator Porter was assigned to arrest team 2.

lnvestigator Porter was asked who was assigned to keep eyes on Cl Rachel Hoffman. He stated, "I don't recall. I am assuming it would be Pender, but I don't know, because he was running the wire. So I don't recall who." (page 21:l- 3)

lnvestigator Porter was asked if any safeguaras were discussed at the briefing such as what was to occur if the CI is lost or does not follow orders. He stated, "I don't remember if it was discussed at the briefing. We've always been told that if you have a situation where we completely lose contact with the CI, typically we call stuff off. We are not going to do deals if we don't know what's happening. But I don't remember if it was specifically said in that particular briefing or not. It's just kind of a known." (pages 23:20-24:l)

Prior to leaving the parking lot, lnvestigator Porter and his team were notified the I location of the operation had been changed to Forest Meadows. According to

lnvestigator Porter, he knew Forest Meadows and the surrounding area. lnvestigator Porter was asked if the suspects had changed the location to Forest Meadows. He stated, "If I remember right, I believe the suspect changed the location, yeah." (page 25:2-3)

lnvestigator Porter recalled lnvestigator Corey Hale had observed a possible suspect vehicle in the parking lot prior to his team entering the park. lnvestigator Porter was asked if those on his team had any concerns about the suspects setting up counter-surveillance. He stated, 'We were concerned the whole time. Because I remember when we were pulling in, we were specifically making sure

lnvestigator Porter was asked if his team took any measures to ensure the sus~ects were not watching them, that there was not a second vehicle of

lnvestigator Porter was asked if any of the other officers were actively checking the park for additional suspects or vehicles. He stated, "As far as walking around

1 or driving around, no, because, just like I said, believing that that could be the suspect, nobody really wanted to move." (page 28:l-3)

1.1. # 08-21 Page 26 of 199

TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNI

lnvestigator Porter was asked if he thought anyone was watching C1 Rachel Hoffman until she entered Forest Meadows. He stated, 'Well, we were all watching Meridian Road, watching the entrance waiting for her to pull in the park, because when we were told she was leaving the baseball field she pulled in, I guess she thought she was supposed to be. And what I remember Pender got ahold of her and said, hey, you need to go one more up, one more parking lot up. So he got on the radio and said, hey, I told her to move up. And we all started watching the entrance, watching Meridian Road, and just never saw her pull in." (page 28:8-I 8)

According to lnvestigator Porter, he believed lnvestigator Pender was watching CI Hoffman from the time she left the baseball fields to the point she entered Forest Meadows. He stated, "I honestly thought that Pender saw her or had eyes on her, yes." (page 28:24-25)

lnvestigator Porter was asked what his reaction was when he realized lnvestigator Pender had no phone contact or wire contact with CI Hoffman. He stated, "He - Pender said I am still trying to get her on the wire. At that point we are still thinking the guy might be in the same lot as us, so nobody really wanted to move and go look for her. And we already knew that we had a DEA guy on Meridian Road and Pender on Meridian Road. It wasn't too long after that Pender got back on the radio and said, I got her on the phone, she is following him right now, and they are going down whatever road. He said, do the takedown now, I don't care if the deal goes or not, take it down now." (pages 29:21-2016)

lnvestigator Gavin Larremore: On August 12, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with lnvestigator Gavin Larremore after being advised o f his OathlPerjury Warning and Police Officer Statement of Rights. Sergeant Sam Gereg was also present as lnvestigator Larrernore's P.B.A Representative. lnvestigator Danielle Davis and Court Reporter Sandi Nargiz were also present.

lnvestigator Larremore has been employed by the Tallahassee Police Department as an officer for 5.5 years. He is currently assigned to the Career Criminal Unit (CCU) and has been for approximately 9 months.

. Investigator Larremore was asked to participate in the May 7. 2008 operation along with several members of CCU. He acknowledged he attended the briefing for the operation. lnvestigator Larremore recalled Captain Connell, Lieutenant White, and Sergeant Looney were present at the briefing.

lnvestigator Larrernore described his role in the operation for each of ula locations in the operational plan. He stated, "They talked about the Walmart

1.1. # 08-21 Page 27 of 199


being the main place. That was kind of, from my recollection, was a backup possible location. It could happen one of either on Meridian or possibly at the Walmart. And I don't remember at what point we found out it was going to be at the Meridian location, but that's where we headed to when we left here the station. But we did talk about which vehicles arrest team 2 was going to do this and be responsible for the suspect's car or this group is going to be responsible for her car. So there was discussion as to that at the buy location. I don't remember into what detail it was." (pages 18:24-19:lO)

lnvestigator Larremore was asked who was going to give him h ~ s cues as to what was occurring in the house or vehicle. He stated, "My understanding would be that it would come from the guys - and I believe it was Pate and Pender in the car monitoring the wire, if I am remembering correctly." (page 19:13-16)

lnvestigator Larremore was asked if he recalled what assignments the DEA Special Agents had. He stated, "There were - I believe one of them, maybe Andris, if I am correct, was to be one of the eyes on the car on her way to the location. And I don't know if the other one . I am not sure what their direct assignments were. That's just w h a t a g e 20~18-23)

lnvestigator Larremore was asked if the location of Forest Meadows was discussed at the briefing. He stated, "I think it was. I can't - 1 remember the Walmart being discussed. I don't remember when it was decided it was one or the other. I just remember when we left the station, we went to Forest Meadows and that's what I had in my mind that we were going to." (page 25:14-22)

lnvestigator Larremore was asked at what point his team realized CI Rachel Hoffman was not going to make it to the park. He stated, 'We heard the radio traffic that she turned off at the baseball fields, and then heard traffic that she was turning back on to Meridian and should be coming in within a minute or two. And then a minute or so after that, somebody, I don't know who; asked over the radio do you see her in the parking lot yet? And we didn't see her. And I know within our car we kind of started discussing where do you think she went, I don't know. I don't know.

"And then that's when we heard Pender on me radio when Pender said she is on Gardner Road and he didn't have a wire and then she wasn't answering. Then it was quite obvious at that point. But we started wondering when he asked, did anybody see her turn in yet. And I had been looking at the entrance and had not seen her. So right about that time." (page 32:6#

lnvestigator Corey Hale: On August 12, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with lnvestigator Corey Hale after being advised of his OathIPerjut-y Warning and Police Officer Statement of Rights. Sergeant Sam Gereg was also present as lnvestigator Hale's P.B.A

--

1.1. # 08-21 Page 28 of 199


Representative. lnvestigator Danielle Davis and Court Report Sandi Nargiz were also present.

lnvestigator Hale has been employed with the Tallahassee Police Department as an officer for approximately 7 years. He has been assigned to the Special Investigations Unit (Vice) approximately one year. As part of his assignment he has had training in basic narcotics investigations, undercover work, and domestic marijuana interdiction.

lnvestigator Hale explained the process of documenting a confidential informant (CI). He was asked what kind of background information is collected on a CI. lnvestigator Hale stated, 'We make sure they have a driver's license - I mean, it's not necessary to have one, but that obviously makes it easier if they have a valid driver's license, they can drive themselves to the station and they can come and go to the suppliers' residences without one of us having to drive them around. We also do a local background check as far as their criminal history. We also go to teletype and run them through a criminal history check through FCICINCIC which would see if they have any criminal history in other states or other counties in the state of Florida, if the! any outstanding warrants, anything of that nature." (page 'l3:13-25)

I Investigator Hale was asked if the CI being in the Drug Court program was an issue or concern. He stated, "That - I know you are asking because Willie Meggs made a big deal about it on the news. There is nothing in our policy or working procedure that says we shall or should get approval from the State Attorney's office to work someone who is in Drug Court. Drug Court basically is pretrial intervention. So they are not on any kind of, as our policy states, probationary status." (page 14:3-10)

lnvestigator Hale was not familiar with the conaltlons of the Drug Court program. He was asked if there was a condition of the Drug Court program that the C1 would be violating should helshe participate in an operation, would that be an issue. He stated, "Yes, we would probably clear it through whoever is assigned, probably Owen McCaul, he does a lot of the Drug Court stuff." (page 16:ll-13)

Investigator's Note: The following are the standard conditions for the Drug Court program according to Assistant State Attorney (ASA) Owen McCaul. These conditions are listed on the Drug Court agreement and acknowledged by all participants in the program:

1. The Defendant agrees to enroll in the Leon County Drug Court Intervention Division and comply with all conditions imposed as a part of such treatment under the rules and regulations of the program. The Defendant's participation in the program shall be for a minimum of twelve (12) months and a maximum of eighteen (18) months, unless

1.1. # 08-21 Page 29 of 199


otherwise ordered by the Court. The Defendant will be required to pay costs of $50 a month. The Defendant agrees to refrain from the possession andlor usage of Illicit drugs, to refrain from the consumption of alcoholic beverages, and to refrain from the commission of any misdemeanor or felony offenses throughout the pendency of this case. The Defendant agrees that, during participation in the program, the Pretrial lntervention Officer or the Court may require from the Defendant samples of breath, urlne andlor blood for the purpose of determining whether the Defendant has used Illicit drugs andlor alcohol. The Defendant shall not refuse any attempt by the treatment staff to extract a breath, urine or blood sample for the purpose of determining compliance with the requirements of the Leon County Felony Drug Court lntervention Division. However, such samples will not be used as evldence against the defendant on the current drug offenses charged. The Defendant hereby stipulates to the validity, accuracy and manner of testing pertaining to tests performed on breath, blood andlor urine samples. The Defendant hereby waives any right or claim to challenge the extraction, chain of custody, and testing of the breath, blood andlor urine sample, and waives any right to a hearing on such issues. The Defendant agrees to appear in court before the Leon County Felony Drug Court Division judge on a monthly basis, or as othewise ordered by the Court. The Defendant consents to communication between the Drug Testing Center, the Drug Court judge, the Drug Court prosecutor, defense attorney, and Drug Court pretrial intervention officer in order to inform the court and all other named parties of hislher eligibility andlor acceptability for substance abuse treatment services and hislher treatment attendance, prognosis, compliance and progress in accordance with the Drug Court program's monitoring criteria. The Defendant agrees to speak freely with the Drug Court judge about hislher treatment and substance usage, with the understanding that such statements made in Leon County Felony Drug Court Intervention Division will not be used as evidence on the current drug offense charged. The Defendant agrees to waive all rights to speedy trial under the laws, constitutions, and rules of the State of Florida and the United States of America during the period of the diversion of this cause. The Defendant agrees to refrain from violating any law. Cost of Supervision is waived by the Court, until a specific order with respect thereto is entered in such case. The Defendant will work diligently at a lawful occupation, or attempt to secure employment unless helshe is enrolled as a full-time student. Employment is to be verified by pay stub and school status is to be verified by report card or written documents.

1.1. # 08-21 Page 30 of 199


12. The Defendant will make himselflherself available fur m e services for the Leon County Felony Drug Court Intervention Agreement Program by reporting in person to hislher Probation Officer on a monthly basis as directed.

13. The Defendant will truthfully answer all inquiries by hislher Probation Off'icer and agrees that the officer may visit hislher home, or school, without prior approval and will comply with all instructions he or she may give.

14. The Defendant agrees to enroll in and attend an approved educational andlor vocational training program if deemed appropriate.

15. The Defendant will not own, possess, or carry any fireann or other types of weapons.

According to lnvestigator Hale, the unit supervisor is kept informed about Cis by the case investigator. He was asked if he would inform his supervisor should one of his Cls break a rule. He stated, "Yes." (page 18:24) lnvestigator Hale was asked what actions from a CI would cause him to stop using the CI. He stated, "Unreliability, putting themselves or others in jeopardy, giving false information that we know was false. We've actually bypassed several Cis for unreliability. We had some commit perjury in court, courtroom testimony. Obviously that's going to disqualify them from being an informant. Just various

I things of that nature." (page 19:l-7)

lnvestigator Hale was asked if a CI were to disclose their status as a CI to a potential suspect and spoke to suspects outside his control and against his advice, would this cause him to cease use of the CI. He stated, "It just depends. It would be on a case-by-case basis. Who they told. Like oftentimes we tell them not to tell anyone, but they tell their parents." (page 19: 13-1 6)

lnvestigator Hale was asked if it were appropriate for one CI to pay another C1 to work for the Vice unit and for that work to apply to the first Cl's substantial assistance. He stated, "I can see where that would be a problem, but I don't necessarily think it would be wrong." (page 27:7-8)

lnvestigator Hale was present for the search warrant at Rachel Hoffman's apartment, 2626 East Park Avenue, on April 17, 2008. He did not hear the interview of Rachel Hoffman by lnvestigator Pender where she requested to be a CI. He did recall Rachel Hoffman requested to keep some of her drug paraphernalia. She claimed that if a potential supplier came to her apartment it would look suspicious if she didn't have any drug paraphernalia.

lnvestigator Hale was requested to assist in the May 7, 2008 operation. He was assigned to the block team with investigator Rey Finales. lnvestigator Hale did not recall any of the Drug Enforcement Administration (DEA) Special Agents

I attending the briefing. He also recalled Captain Connell and Sergeant Looney

1.1. # 08-21 Page 31 of 199

TALLAHASSEE POLICE DEPARTMEN I INTERNAL AFFAIRS UNIT

being in attendance. lnvestigator Hale could not recall seeing Lieutenant White at the briefing.

lnvestigator Hale was asked whose responsibility it was to keep eyes on CI Rachel Hoffman. He stated, "Investigator Pender was the monitor unit and it was his responsibility for that." (page 48:15-16) lnvestigator Hale was asked what would happen should contact be I

NS was not disc Investigator Hale stated Forest Meado\ :ussed at the briefing. The first he heard of the change in location was when he was heading towards Sumrnerbrooke on North Meridian Road. lnvestigator Hale did not know who changed the location or who approved the change in location. He and lnvestigator Finales were the first to arrive at Forest Meadows.

lnvestigator Hale was asked if he recalled Vice Standard Operating Procedures

lnvestigator Hale stated, "Not specifically that I recall. I am sure there may be some but as a working practice you generally have it cleared through your supervisor and make sure he is okay with it." (page 56:23-57:l)

lnvestigator Hale and lnvestigator Finales arrived at the park approximately 5 minutes before the next vehicle. They observed a vehicle, gray BMW, matching the description of the suspect vehicle pull into the park. lnvestigator Hale stated, ''Well, I was on the north end of the park and it came in and did not come north, so I assumed it had to be either at the very - at the middle of the park or on the

I south side of the parking lot." (page 57:14-17) Investigator Hale did not observe the occupants.

1.1. # 08-21 Page 32 of 199


lnvestigator Hale was asked if the arrival of the vehicle gave him concern to

ensure the suspects had not set up counter-su'weillance. lnvestigator Hale stated, "I don't know who determined the location. So if it was something we determined, we were there as soon as - I was there as soon as Miller or as soon 'as Pender said." (page 58:24-59:2) lnvestigator Hale was asked if it was his understanding that the Vice Unit set that location, that he had no reason to believe the suspects had set the location earlier. He stated, "Right." (page 59:6)

lnvestigator Hale was asked at what point his team realized CI Rachel Hoffman was not going to make it to Forest Meadows. He stated, "I guess it would be several moments after he said that she was coming out of the other entrance and then we never saw her come. At that point, Pender stated that he was trying to get her on the phone and reestablish contact with her." (page 60:18-22)

lnvestigator Hale was asked what their response was to this news. He stated, 'We stayed in position because typically Cls make wrong turns all the time and

, they come around and go in the right spot. So we stayed in the right spot. So I

we stayed in position assuming that she would come back." (page 60:24-61:2) lnvestigator Hale was asked if he believed someone still had eyes on CI Hoffman. He stated, "I figured someone did." (page 61:5)

lnvestigator Hale stated they left the park when lnvestigator Pender relayed that CI Hoffman was now on Gardner Road. He was asked if he knew where Gardner Road was located. He stated, "lnvestigator Finales, who was in my vehicle, did.. I was not familiar with Gardner Road myself. But he knew where it was, so I was glad to have him in the car." (page 61 :15-18) .

lnvestigator Rey Finales: On August 12, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with lnvestigator Rey Finales after being advised of his OathlPerjury Warning and Police Officer Statement of Rights. Sergeant Sam Gereg was also present as lnvestigator Finales' P.B.A Representative. lnvestigator Danielle Davis and Court Reporter Sarah Gilroy were also present.

lnvestigator Finales has been employed by the Tallahassee Police Department for approximately 7 years. His current assignment is as a K-9 handler with the Special Investigations Unit (Vice). lnvestigator Finales has been assigned to this position since March 3,2008.

1.1. # 08-21 Page 33 of 199


lnvestigator Finales provided a description of the process for enlisting a confidential informant (CI). He was asked what background checks are done prior to approving a CI. lnvestigator Finales stated, "I ran the CI, I ran him all the way Florida, NCICIFCIC; an indictment check, make sure they don't have any open cases' and I ran him locally, make sure they didn't have anything outstanding." (page I 1:5-8)

lnvestigator Finales was asked if pretrial intervention programs are an issue. He stated,-"l'm not sure. I probably would have to ask somebody about that." (page 12:l-2)

lnvestigator Finales was asked what WUUIU cause him to stop using a CI. He stated, "One, lie to me about something. If they were lying to me, it would prove they would be unreliable, if they wouldn't call me, you know, if they got arrested for a violent crime or something like that, I wouldn't use my CI." (page 13:6-10)

lnvestigator Finales was asked if he would dismiss a CI if they disclosed their status as a CI to a suspect they were working and spoke to other suspects outside his control and against his advice '-"7stigator Finales stated, "I probably would." (page 13:22)

1 Investigator Finales was asked if he allowed the CI to control the price and conditions of the deal. He stated, "Only if they're very familiar with who they're dealing with, as far as, you know, they always buy this amount from this person for a certain price. In that aspect, if it's somebody they deal with regularly, you don't want to change what they're doing because it might make somebody suspicious, well if he just ordered $1500 worth of drugs and only buys $200 of it, things like that." (page 1 5:9-I 6)

I gave lnvestigator Finales an example where a CI pays a second CI to work for Vice in exchange for the second Cl's work to count towards the first Cl's substantial assistance. He was asked if he would need to consult with someone in that situation. lnvestigator Finales stated, "Yeah. I wouldn't know the answer to that. That's way above my level." (page 17:14-15)

lnvestigator Finales was asked to describe what is included in an operational plan. He stated, 'When you do an ops plan, it's basically just to get everybody up to speed on the case, give them background on how you got to where you are at this moment of having a search warrant.

'When I did my briefing I provided them photographs of the residence that I took,

1.1. # 08-21 Page 34 of 199

TALLAHASSEE POLICE DEPARTME,, , INTERNAL AFFAIRS UNIT

know, what I did to get probable cause on the residence. 1 didn't use any CIS or anything like that to get to my plan.

"Then I just briefed everyone and, you know, maae sure IT I Knew if there was weapons in the house or dogs and things like that. And then 1 enlisted people I was going to use, which changed from my original plan, because you don't know exactly who is going to be here until that day sometimes. So people, positions might change and what their roles are." (pages 19:7-20:4)

1nvestigator.Finales was asked if there are contingency locations that are not in the operational plan. He stated, "Yeah. There has been a couple times where - where the tocation has been changed, and it wasn't originally on the ops plan. And then at that time it was just up to the sergeant at the time said, yeah, let's go, or, no, let's not do it." (page 21:13-17)

lnvestigator Finales was asked who had the authority to change an operational plan once it is in motion. He stated, "Any one of those - the investigator can change it, the sergeant, the lieutenant or the captain. If anybody sees anything wrong - even other officers or other investigators, if you present your ops plan, they're like, maybe you shouldn't do that, because that's not safe, yeah, you go ahead and fix it." (page 24:13-18)

J lnvestigator Finales stated he heard about the May 7, 2008 operation the same date it was scheduled. He did not participate in the planning leading up to the operational briefing. lnvestigator Finales was assigned to the block vehicle along with lnvestigator Hale. He stated, 'We were oin to -when we had our original assignments, we were going to find 9 There is an area out there for the plane to see kind of where the house was. But on the way there we ended up having to go to the park, because the deal had changed to the park location. So we were just in the park watching for a silver or gray BMW." (page 31:9-I 5)

lnvestigator Finales was asked who approved the operational plan. He stated, 'I think it was Sergeant Odorn, and then Lieutenant White. I don't know how far up it went from there. I know with the amount of money we had, it had to go all the way up to the deputy chief." (page 27:25-28:3)

lnvestigator Finales was asked if he attended the briefing. He stated, "I attended bits and pieces of it, because 1 went to go make copies of the money." (page 28:5-6) lnvestigator Finales was asked if he knew what assignments the Drug Enforcement Administration agents were given. He stated, ''They were there to keep surveillance, some of them. They would have somebod I mean I don't know what all their assignments were. But we we-re several locations, and we're all trying to watch different places." (page 30:lO-14)

lnvestigator Finales was asked who was assigned to watch CI Rachel Hoffman. He stated, "I would say the investigator, whoever is behind the car, Pender at

1.1. # 08-21 Page 35 of 199


some point. And then as you move though a rolling surveillance, another person might pick up the vehicle. So it's a fluid - it's a fluid thing. So you might have an eyeball for a couple of minutes, and then you get stopped at a red light, somebody else might pick up surveillance." (page 32:14-20)

lnvestigator Finales was asked what safeguards were discussed at the briefing should a robbery occur or a violent encounter. He stated, "I wasn't there at the end of it, so - from all the ones I've been to, that's always -.I1 (page 37:7-8) He

case of a violent encounter. He stated, "I'm not sure. ' But if there was a violent encounter, those would be the people to have there. But I don't know if that was their -." (page 37:18-20)

lnvestigator Finales was asked if any pre-surveillance was done on Forest Meadows. He stated, 'We were the first persons to get there. And we already knew what the suspect vehicle was. So me and Corey drove through the parking lot." (page 38:14-16) He was asked if he drove through the entire parking lot. lnvestigator Finales stated, "Yeah. Where we were, you pretty much have to

I drive the whole are to get to where we parked. And we didn't see anybody, you know, matching the description of the one suspect that we knew. We knew there would be two black males. But we didn't see anybody fitting those descriptions or any vehicles. So, you know, we understood that we were the first persons there, and there wasn't any suspects present." (pages 38:18-39:l)

lnvestigator Finales stated that he and lnvestigator Hale observed a silver BMW pull into Forest Meadows after they arrived. From their position they could not see where the vehicle went after entering the park. They notified the other teams that a possible suspect vehicle was in the parking lot.. They turned surveillance of the suspect vehicle over to lnvestigator Miller and his team.

lnvestigator Finales was asked at what point did he realize CI Hoffman was not going to make it to Forest Meadows. He stated, "Once they told us that she didn't turn in to the park, 1 didn't know if she was going to go turn around. I'm not listening to what's going on, so I have to rely on what other people are telling us; in that case, what Pender was telling us." (page 40:15-19)

lnvestigator Finales stated, "At that point where they said that they lost her, and then they told us right away that they heard mention of Gardner Road. And that's when all of us left the park and started driving towards Gardner." (page 41:2-5)

Officer William (Bill) Hurlbut: I On Wednesday, August 13, 2008, at 1:09 PM, Investigator Danielle Davis

conducted a taped interview with Officer William (Bi1l)'Hurlburt in the Legal

1.1. # 08-21 Page 36 of 199

TALLAHASSEE POLICE DEPARTML. INTERNAL AFFAIRS UNIT

Conference Room of the Tallahassee Police Department. Also present in the room was Internal Affairs Investigator George Creamer Jr., PBA Representative, Sergeant Sam Gereg and Court Reporter Mrs. Sarah Gilroy. The MemberMlitness Administrative Rights and OathlPerjury Warning form was read, affirmed, and signed by Officer Hurlburt. All parties present witnessed the form.

Officer Bill Hurlburt has been employed by the Tallahassee Police Department for twenty-six years. He has been assigned to the K-9 Unit for twenty years. Officer Hurlburt advised he was working on May 7,2008.

According to Officer Hurlburt, he started assisting the Vice Unit around teDrUary or March of this year on a temporary duty status as their K-9 handler for drug detecting. The Vice Unit did not have a drug dog at the time; the previous dog had been retired. While the new dog was being trained, Officer Hurlburt's primary duty was to serve the Vice Unit.

Officer Hurlburt advised he did not assist with the search warrant serveo at Ms. Hoffman's residence on April 17, 2008. He first unknowingly heard of Rachel Hoffman tow rd the end of April for the operation at the a , which did not u b l ~ ~ ~ ~ m * . He said t h e e

I involved was for the May 7, 2008 operation. He then realized the two operations were connected.

On Wednesday May 7, 2008, Sergeant Looney contacted Officer Hurlburt and requested he participate in a vice operation that evening. Officer Hurlburt advised he did not assist lnvestigator Pender with preparing for the operation. Officer Hurlburt attended the briefing for this operation and recalled the Vice Conference Room being full, standing room only, and into the hallway. He stated, "The Vice, both interdiction and long-term unit were both there. Sergeant Looney, Lieutenant White, Captain Connell and there were also DEA agents there; Lou Andris, Jimmy Harley and several other DEA agents, and- - (Page 1 1 :5-14).

Officer Hurlburt advised he believed the DEA agents involved were responsible r assisting with surveillance around the intended sites and providin- h Page 11:20-24). He stated, "There was mention of the suspect's

house or residence up in the subdivision off of Thomasville Road. The Forest Meadows site, there was an alternate site of the Wal-Mart on Thomasville Rnad in the 5000 block, the connection to the nursery on Meridian Road," (Page 1 6)-

When asked if Forest Meadows was discussed at the briefing, Officer Hurlburt advised he was unsure if Forest Meadows was specifically discussed. He

I advised he misplaced his operational plan from May 7'h operation in his patrol cruiser. He was sure Wal-Mart was discussed. When his attention was directed

1.1. # 08-21 Page 37 of 199


to his supplemental report dated May 8 2008, which advised on page 2, "the locations for the buy-bust were to b e o r the Forest Meadows Recreation Center (with a back-up for Wal-Mart)," Officer Hurlburt advised he would have to go with what he wrote after the incident.

Officer Hurlburt said he did not believe Investigator Pender gave "a lot" of background on Ms. Hoffman at the briefing. He advised, "I believe that my memory has been dirtied by or - - all the press reports that I've been reading. I can't recall specifically what said, other than' that the source had brought fotward the two suspects from . " (Page 139-1 3).

Officer Hurlburt was asked how the operation was to take place. He answered, "The source was to - - arranged for the purchase of a quantity of ecstasy and cocaine powder, that the - - and then during the briefing it came up about that a gun was also to be purchased. The - - I thought it was a little unusual that the captain was there for the briefing, and then I learned about the quantity of cash that was being involved; therefore that required his involvement in getting the cash out. The source was going to be wired, which was normal. And then when the exchange was made, then we would be going in to make the arrest right afterwards," (Page 7 3:17 - Page 14:4).

1 Officer Hurlburt agreed it was unknown at the time of the briefing where the operation was to take place. He said it was subject to the telephone calls to be made. "Many times your desired location is changed by the bad guys, and so you have to be flexible to move to alternate locations within an area that's up until the point that you finally say, this isn't going to go today," (Page 14512).

When questioned about why he found it rare the captain was present, Officer Hurlburt stated, the captain has come for other briefing but he was present for this entire briefing. Officer Hurlburt affirmed he has attended a lot of briefings in his years of service. He recalls the lieutenant normally being the highest-ranking person present. When asked if lieutenants go out during operations in the field, he answered, "yes" (Page 15:l-3).

Officer Hurlburt was asked if Lieutenant White went out during the May 7, 2008 operation. He replied, "I believe that during the - - she indicated she would be monitoring it, but not present on scene or in the immediate area, that she would be monitoring it by radio," (Page 754-9).

According to Officer Hurlburt he was present for marked support and K-9 immediate response. He said he was to be close but not close enough to "spook anyone.

When asked if it's his understanding the operation plan should include all the I relevant information, Officer Hurlburt stated, "An operational plan should include

all the potential knowledge about your suspects, the - - there are variable that - - - .-

1.1. # 08-21 Page 38 of 199


such as location that sometimes cannot be fully planned for, if it moves from one location to another during the phone call exchange, the dance that happens before the incident actually takes place. There are times that operations I've been involved in have been called off because they moved beyond the parameters that were planned for in the initial. The written plan sometimes has not always included everything, because other information has come up since the plan was written down that has come up to - - and thus it's just given verbally at the briefing," (Page 1325 - Page 16:14).

Officer Hurlburt said he was a fittle questioning about the gun being brought into the plan. "That was not covered in there, but then again, one has to be flexible on these things in terms of response. I believe that the information I noted on my notes before I got my hands on a plan in the briefing was that we were going to be targeting one name- and one named -with not a lot of information potentially available on them, and that they potentially were going to be in a red Cherokee," stated Officer Hurlburt, (Page 17:6-13). Officer Hurlburt said he was not concerned about not knowing the identity of the suspects. He called it a variable to work around.

According to Officer Hurlburt, after the briefing was over he left the building and monitored the radio traffic. He recalled, "...I think it was after I left the parking lot and was headed up Thomasville Road that the site was Forest Meadows at that point that it wasn't going to be the going to be th&-)house that it was going to be a So I monitored how the units were setting up in that area and decided to go to Maclay School and tuck in there. I tucked in at the north entrance off of Meridian Road so that I wouldn't be seen, but would still have a quick pull-out into going with traffic to get up that way," (Page 18:14 - Page 19:ll).

Officer Hurlburt advised the only concern he had about doing the operation at Forest Meadows was the northbound traffic being a hindrance to response. He then advised if someone ran it was good for him because he was familiar very with the area, and he could track the suspect easy. He said the area is was one he and his K-9 partner trained.

Officer Hurlburt was asked what occurred after he and the other officers went to their positions. He advised there were radio transmissions and telephone calls going back and forth from the source and the "bad guys". He recalled an investigator in an unmarked vehicle identify a potential suspect vehicle inside the park. He stated, "The - - then there - - as the source came into the area, there was some confusion. The source evidently turned off into the soccer - - the soccer-baseball fields just to the south of Forest Meadows and the - - was passed off by the units following her and wasn't picked up then as a result by the units sitting already in place in the Forest Meadows parking lot. And then the - - then the - - so there was - - nobody' had eyes on her at that point. Then the - - somebody reported that the source was pulling back out into traffic. There was -

- 1.1. # 08-21

Page 39 of 199


- and I believe Pender was trying to get back hold of the source, and the - - there was - - nobody still had eyes on her at that point," (Page 20:15 - Page 21:4).

Officer Hurlburt said Investigator Pender "expressed some frustration" in not being able to get a hold of the source (Ms. Hoffman). (Page 21:5-7)

According to Officer Hurlburt, Agent Andris advised that he saw a BMW backed into the garden center with two guys, and based on the descriptions, he felt they were the "bad guys." "And then Pender reported that she was headed up north towards Gardner Road. I was at that point pulling up on my map, my GIs map where the new area was," stated Officer Hurlburt (Page 21 :I 3-16).

"Pender radioed out that she had - - was now following the bad guys, that they pulled out in front of her and were following them down Gardner Road. And at that point Pender gave an order over the radio to all units, respond to that area, find and intermpt immediately the operation, that it had gone beyond - - since nobody had eyes on her at that point, immediate response up that way," cited Officer Hurlburt (Page22: 2-9).

When asked who was following Ms. Hoffman, Officer Hurlburt answered, "I couldn't - - I know there was a least two units involved. Based upon the radio traffic, I felt there was at least two units. I thought one of them was Pender. The other one was a voice that I couldn't - - didn't recognize. It may have been one of the DEA's; I'm not positive. I just didn't put a name to the voice," (Page 22:24 - Page 23:5). Officer Hurlburt advised no one watching Ms. Hoffman would be an automatic end to the operation. He stated, "You - - it's my understanding you want to have eyes on the entire time that the C1 is out and about, yes," (Page 23:6-11).

Officer Hurlburt was asked when did he Know Ms. Hoffman was not going to be at Forest Meadows and there was trouble. He replied, 'What I perceived to be the wrong turn off of Meridian, and there was - - the pass-off by the following officers, and then it became somewhat clear to me that she - - another visual had not been picked up once she entered whatever parking lot she had turned into. I was thinking it was the - - because of the lack of eyes getting back on her, 1 was thinking that she had turned into the ball fields to the south, because that's a common mistake people made - - make who are unfamiliar with the area when they're headed to the Forest Meadows is the first thing they do is turn into those ball fields and go, wrong turn. And they pull back up and go to the real Forest Meadows. So that's what I was thinking," (Page 23:19- Page 24:8).

Officer Hurlburt could not say specifically, but thought there was at least one radio transmission inquiring about whom had eyes on Ms. Hoffman. He did not recall who made the inquiry. When asked if he heard an urgency, "we need to get eyes on her, where is she at?' Officer Hurlburt replied, "No." He then stated, "The true urgency came up when - - or I could hear it in Pender's voice when she

- .-

1.1. # 08-21 Page 40 of 199

TALLAHASSEE POLICE DEPARTME -

I

INTERNAL AFFAIRS UNIT

indicated - - some one of the units indicated she was pulling back out of the parking lot and headed back up Meridian. And Pender was trying to shoot her another phone call and apparently not being successful. Then I heard that in Pender's voice at that point, that he was concerned that no one was behind her coming out back onto Thomasville - - I mean Meridian Road traffic. If I said Thomasville Road, I meant Meridian Road," (Page 24:20 - Page 255).

Officer Hurlburt affirmed he pulled up Gardner Road on his map and began zooming in for landmarks and street names. When lnvestigator Pender advised everyone to "go" to Gardner Road he went. He advised he was not the first officer to arrive at Gardner nor was he the last. Officer Hurlburt made mental notes of the things he saw such as the construction, circular road, and stirring up a lot of dust. "...I recall then when I came onto Gardner Road there was no dust. So I eliminated that. Other people wanted to search it more. But I radioed that when I had come onto Gardner, there was no dust coming off that road, and there still should have been dust. It was very dry conditions and red clay," stated Officer Hurlburt (Page 26:2-7).

Officer Hurlburt and the other officers on scene searched for Ms. Hoffman. Officer Hurlburt later found evidence on Gardner Road linked to Ms. Hoffman.

I The interview was concluded at 1:50 F"'

lnvestigator Jason Laursen: On Wednesday, August 13, 2008, at 4:75 PM, lnvestigator Danielle Davis conducted a taped interview with lnvestigator Jason Laursen in the Legal Conference Room of the Tallahassee Police Department. Also present in the room was PBA Representative Sergeant Sam Gereg and Court Reporter Mrs. Sarah Gilroy. The MemberMlitness Administrative Rights and OathIPerjury Warning forms were read, affirmed, and signed by lnvestigator Laursen. All parties present witnessed the forms.

lnvestigator Laursen has been employed by the Tallahassee Police Department for approximately ten years. He has been a member of the Career Criminal Unit (CCU) for over three years. When asked what job training he has received for his assignment, lnvestigator Laursen advised he is a member of the TAC (Tactical Apprehension and Control) Team. He has been trained in less lethal defensive tactics, defensive tactics, firearms and other techniques for investigations. Prior to going to CCU, lnvestigator Laursen was a member of the Vice and Narcotics Unit for two and a half year

lnvestigator Laursen advised he was unable to pan~c~pate in the operation, which was scheduled for April 22,2008. He heard about the operation and that was his first recollection of Ms. Hoffman.

1.1. # 08-21 Page 41 of 195


lnvestigator Laursen was asked questions related to probation, parole and Dnrg Court due to his past experience in the Vice Unit. When asked, "From what you know about Drug Court, do you think that that would be an issue for the Vice Unit?" He replied, "I mean, it depends. I can understand from the perspective of the judge or - - that they did not want - - the idea is for rehabilitation, I suppose, in Drug Court, almost like - - I don't want to say diversionary program, but something like that. And I could see where the judge or whoever is their supervisor would want to know that these people are involved in something. I don't know that it would exclude them," Page 12:9-20). He then added, "And I don't know that it would get them kicked out of Drug Court and get their new charges put on them," (Page 12:22-24).

When described the following scenario, "You have a confidential informant you just met with and completed a CI packet. The CI tells you who their supplier is. You and the confidential informant have a preliminary discussion on a deal to arrest the supplier. The next day the confidential informant comes to the police station with the supplier. Would you continue to use the CI?" lnvestigator Laursen answered, "Personally? I probably would not," (Page 17:14-23).

The scenario continued, "The supplier wants to be a confidential informant also. He wants his substantial assistance to be credited toward the CI and receive

I financial assistance. Would you be okay with that? He replied, "It depends on what they could do," (Page 17:24 - Page 18:4). When asked, 'You decide, no, I'm not giving you any financial assistance. But the CI says, wait, I will pay him. I'm going to pay him for giving - - for his work being credited to me. Would you be okay with that?" He responded, 'That's - - 1 mean, that's almost our of the realm of what I would deal with. I mean, I've never dealt with that specifically. I know it's a scenario. If I knew about it and knew that that was there, I probably would not deal with the CI.. ." (Page 18:5-14).

lnvestigator Laursen's attention was directed to the May 7, 2008 operation. When asked if contingency planes were set up for the buy-bust operation, lnvestigator Laursen advised the plan listed a vehicle takedown and a search warrant (anticipatory search) at the house. lnvestigator Laursen advised there was a plan if a robbery or a kidnapping was to occur involving Ms. Hoffman. He stated, "I don't recall if it was at the briefing itself or afterwards. I know I spoke with Captain Connell in reference to that," stated lnvestigator Laursen. "The tools that 1 brought with me kind of make that evident. I had flash bangs, shield, machine gun, you know, et cetera with me. I was told by Connell that if something were to happen, a violent forcible felony in the house, if it were to happen at the house in Summerbrooke, that he would give us tactical control over the situation, be monitoring it and try to do that over the radio," cited lnvestigator Laursen (Page 29: 8-15). lnvestigator Laursen advised he would probably be lead if things went bad. He said, "That's what I was told," (Page 29:16-'l8).

1.1. # 08-21 Page 42 of 199

AHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT

INT

-

continued, "So letting him choose that, it doesn't really affect us. It's kind of like, you know, we've dealt with that before, and we've done it before. Everybody - most of the people that have been there have actually taken down somebody at that lot before. That's not really an issue," (Page 32:8-13).

lnvestigator Laursen advised counter surveillance is an issue-with these types of

lnvestigator Laursen advised his sergeant, James Fairfield, notified him about the operation on May 7, 2008 a few hours before it was scheduled to go. He did not have any involvement with the planning of the operation. He recalled Captain Connell, Lieutenant White and Sergeant Looney being the supervisors present for the briefing.

lnvestigator Laursen said from his experience the captain and lieutenant of the Vice Unit did not go out on operations. The lieutenant of the unit during his tenure was now retired lieutenant, Mark Harvey. He did not know why Lieutenant White did not go out for this particular operation. lnvestigator Laursen believes the case agents run the operation and the sergeant and/or lieutenant can "trump" the decision he or she makes (Page 36:2-9). lnvestigator Laursen advised Vice work is very fluid.

According to lnvestigator Laursen one suspect was identified at the briefing and the other was not. He did not know the role of the DEA agents present. lnvestigator Laursen said he was assigned to Arrest Team #2 and he was focused on his job for the operation. He was not worried about the roles of others. He stated, "My job was to take down suspect vehicle. I'm arrest team #2 for Forest Meadows, if that were to occur in the parking lot. My job also was to be part of the entry team, if a search warrant were to occur. And if a robbery or some forcible felony were to occur in the house, I was going to take tactical control of the situation and go in at that point," (Page 37:21-Page 38:?\

According to Investigator Laursen, Forest Meadows was discus : the briefing. He recalled the Wal-Mart on Thomasville Road being the original location but it changing to Forest Meadows after the briefing. He advised, "...it was all understood we were going straight to Forest Meadows," (Page 38:13-15).

1.1. # 08-21 Page 43 of 199


lnvestigator Laursen said it did not matter to him if the operation occurred at either the Wal-Mart or Forest Meadows. He did not have an issue with it. "Everywhere that we do search warrants - - buy-bust, you know, you have an opportunity for children and people being present. You know, if you pick Forest Meadows out near the tennis courts, maybe people playing tennis, but there is an eight-and-a-half-foot, 10-foot, 12-foot fence between you and them, and, you know, you've got a playground there, it's no different than a Wal-Mart that has a children's section or something where there is multiple people going in and out," (Page 39514).

lnvestigator Laursen was asked what happened after they left the station. He advised they got to Forest Meadows and two of the other teams were present. He did not recall any pre-surveillance conducted at Forest Meadows Park, where someone was sent directly after the briefing to get there as fast as they could. (Page 43:24- Page 44:l).

When asked, who had eyes on Ms. Hoffman, lnvestigator Laursen said he did not know specifically. He said he only knew from what he heard via the radio traffic. From the radio traffic he believed Agent Andris, Officer Pate and lnvestigator Pender. When asked why he believed they were watching her, he stated, "I believe Pender and Pate had eyes originally, and I think the radio traffic

I was something along the lines of can you get her; I need to turn this on, or something like that, need to start recording the wire, because we were - - they were getting close to the location, and him specifically asking Lou to see if he can keep eyes on her," (Page 46:14-22). lnvestigator Laursen affirmed he heard lnvestigator Pender ask Agent Andris to watch Ms. Hoffman while he did what he needed to, with the wire.

lnvestigator Laursen was asked at what point he knew something was wrong and Ms. Hoffman was not going to make it to the park. He advised he looked at the transcripts when he testified for FDLE and advised it was when, "she missed the turn. She missed the park. She's off the wire. Did it concern me? A little bit, but not severely because she was not in contact with the bad guys. And you have some control over her if you gave her instruction where to go, and you still were able to get her on the phone, give her further instruction, that type of thing. So it didn't specifically concern me when she wasn't there or even missed the turn, or if she missed the turn the second time after turning in the baseball field. When Lou Andris said he had spotted the bad guys up at the nursery, at that point we knew that the BMW -the car, the suspect vehicle that was in the lot was not our suspect vehicle, not that it wasn't counter surveillance, but it's definitely not our suspect vehicle, because now you've got the nursery and two guys standing out of a car that match the description that they gave they would be in. So you have a location that's known and that they were not with her at the time. So that didn't worry me. Looney I think on the radio said that we need to watch those guys and make sure the deal doesn't happen without us, because she's not on the wire. And Lou turned around to try to get those guys. He made a U-turn and then

1.1. # 08-21 Page 44 of 195


turned around to look for those guys. I don't know where he made rne u-turn; I don't know if he made it down another side street or right there on Meridian. He said, they didn't go past me; they must have been going southbound. And southbound from that location is towards the tennis court. So, you know, if we missed her coming in, it's one thing, or we missed them coming in, or is it still going to take place at the tennis court, because now they're going southbound, according to radio traffic to the park. At the point where they said it's going to happen at Gardner Road, that's when it concerned me. At that point it's like, well it's not going to happen here; it's going to happen somewhere else, and we're not there," (Page 47:2- Page 49:l).

lnvestigator Laursen said he felt Ms. Hoffman had gotten tu~rleu atound somewhere and the suspects were headed to the park based on Agent Andris' statement that they (the suspects) had gone southbound. h e said, "That's what I felt. Honestly, I felt that she probably missed the turn into the tennis courts, not that we could see the direct - front of Forest Meadows for where we were parked, but we could see that area. We did not see her turn in. But there is another turn after that that probably - I think it goes down to Red Hills, another soccer park that's further down. She could have turned down that road and been lost, as far as I'm concerned, and she may have been making her way back up to that location," (Page 49:2-16).

1 When asked if he was still waiting at the park when Agent Andris said they were going southbound, lnvestigator Laursen advised he was. He explained, "Right. And the reason - I can tell you the reason I would wait at Forest Meadows Park is, I don't' know when they left. They're not in the parking lot any longer. They're going southbound. If they're a mile from there, if they left ten seconds earlier, then he got around and they're gone, they could be near the front of the park. If we were to pull out at that point, we could go head on into them, and there you have four guys in raid vests in a car passing them. That's just the same thing with counter surveillance that you were worried about burning a CI. You've just burned that CI, and now the deal is not going to happen. So we maintained where we were, because in my mind I still thouaht it may occur at the ark," (Page 50:5-11).

lnvestigator Laursen advised his team exited $11 IG par r< when they heard Gardner Road mentioned. He said he wasn't driving, lnvestigator Greg Tucker was. They headed north on Meridian until they reached Gardner Road. They were the first officers to arrive on Gardner Road.

The interview was concluded a

lnvestigator Michael Suleski: On Wednesday, August, 13, 2008, at 10:25 AM, lnvestigator Danielle Davis conducted a taped interview with lnvestigator Michael Suleski in the Legal Conference Room of the Tallahassee Police Department. Also present in


the room was Internal Affairs Investigator George Creamer Jr., PBA Representative Sergeant Sam Gereg and Court Report Mrs. Sarah Gilroy. The MemberMlltness Administrative Right and OathIPerjury Warning forms were read, affirmed, and signed by lnvestiqator Pender. All parties present witnessed the forms.

lnvestigator Suleski has been employeu UY he Tallahassee Police Department for over eleven years. He has been assigned to the Vice and Narcotics Unit for approximately one year. According to lnvestigator Suleski he received training related to narcotics investigations when he worked for the New York State Police. He also received training while on Patrol and while working in the Sex Crimes, Robbery Task Force and Homicide Units. He shadowed lnvestigator Ryan Pender for on-the-job training.

lnvestigator Suleski advised he didn't have much involvement with hns. nonman. His first knowledge of her was related to the April 22, 2008 operation, which did not go through. He recalled being on vacation during the timeframe.

lnvestigator Suleski was asked various questions pertaining to Vice Unit operations. When asked specifically if he would continue the use of a confidential informant who agreed to pay another confidential informant for substantial assistance being credited toward them, lnvestigator Suleski stated, "No. There is - - now you're starting to add a lot of things that are mucking the water bad ..." (Page 24:4-15).

lnvestigator Suleski asked if "issues" come up with a confidential informant, is the supervisor made aware prior to the CI packet being signed off on? He advised if an investigator had doubts, something is wrong or unethical it is brought to the supervisor's attention.

lnvestigator Suleski was present for the May 7, 2008 operation. When asked if all parties involved in the operation were present for the briefing, he advised the Vice Unit, DEA and Captain Connell were present for the briefing. He said he did not see Chief Proctor present. He stated, "...The only one I don't remember is - - I know Chief Proctor knew what was going on, because he had to give the money. I remember - - I know someone said he had to get the money. I know he knew. 1 don't know if he told Chief Jones. But I know pretty much from there down," (Page 42:16-21).

lnvestigator Suleski did not know whether or not Lieutenant White participated in the operation. He recalled her on the radio at some point during the operation.

lnvestigator Suleski believed the operational plan contained all of the information he needed to complete his role. He also felt the operation was organized. When asked whom the operational plan listed as responsible for watching Ms. Hoffman, lnvestigator Suleski advised the document didn't say specifically. He said it is

-- 1.1. # 08-21

Page 46 of 199


understood that the monitor team watches the confidential informant. When asked if it was discussed at the briefing who would keep eyes on Ms. Hoffman, lnvestigator Suleski stated, "Pender said he would follow her- - they were going to make another phone call to have contact with the suspects, and then he would let us know how that phone call went to dictate what scenario we would be - - we would be involved in, and then he would transmit that over the radio," (Page 46: 1-6).

assign .A -ma--

Investigator Suleski said he was arrest team #I and his focus/responsibility was to arrest the suspects and control the confidential informant. In the car with him were Sergeant Looney, Investigators Kevin Miller and Vincent Boccio.

According to lnvestigator Suleski after his team got dressed and into lnvestigator Boccio's vehicle they left the police station. He said, "We got in the car, and shortly after leaving the station, it might have been as we were pulling out the gate or soon aftenwards, that's when we were told where we were going to go," (Page 48:24 - Page 49:2). lnvestigator Suleski said they were going to Forest Meadows. When asked if he knew how Forest Meadows became the target location, lnvestigator Suleski said he assumed it was based on the conversation Ms. Hoffman had with one of the suspects.

I When asked if he felt lnvestigator Pender allowed the suspects to pick the (buylbust) location. lnvestigator Suleski responded, "I don't know." (Page 51:l- 3)

lnvestigator Suleski was asked how Sergeant Looney reacted to the location changing from the two contingency locations discussed. He replied, "I would have to - - and this is - - I don't remember him particularly saying anything. But I would have to assume that it was okay, because he's been in vice a long time. He's been on TAC. If he felt something was wrong with it, I think he would have said something. But that's just my opinion and my assumption," (Page 53:3-9).

lnvestigator Suleski said he was not concerned when he heard the first officers who arrived at the park had a possible suspect vehicle present. He stated, "No. We were just trying to get eyes on the car, trying to get eyes on the car, looking at it, see what we see inside the car, could we get a tag, that type of stuff," (Page

counter surveillance is always a concern. He said he did not believe they were able to get the tag (license plate) from the vehicle because they were worried about moving around and putting the operation and source in jeopardy (Page

i 55:2-6).

1.1. # 08-21 Page 47 of 195


According to lnvestigator Suleski he realized something had gone wrong when lnvestigator Pender said via the radio the suspects wanted to follow Ms. Hoffman down Gardner Road and Ms. Hoffman ended her conversation with lnvestigator Pender.

Investigator's Note: The SI ; wanted Ms. Hoffman to follow them down Gardner Road.

lnvestigator Suleski did not know where Gardner Road was. He then advised there has been a lot of discussion in the newspaper about not knowing where Gardner Road is. "... There is no way that you can know every location inside the city limits. That's why you have maps - - that's like saying a patrol officer in Charlie District is supposed to know every street in Charlie. That's just not feasible," said lnvestigator Suleski (Page 57:lO-14). According to lnvestigator Suleski the officers knew within a few seconds where Gardner Road was.

According to lnvestigator Suleski, the safety of the c the investigators involved, the citizens and the suspeci

tial informant, all of lays a concern.

lnvestigator Suleski made an additional statement before the interview was concluded. He stated, "In - I've been a cop in New York and a cop here. I think

I this was an operational plan that was put together that was done - - with the information that Pender had, it's something that we normally do. Vice work is dangerous inherent in nature. Just like going after robbery suspects or homicide suspects, you never know what one's oerson's mind f~ going tc 'age 60~7-15).

) be," (F

Investigator's Note: Please see the official transcrip lnvestigator Suleski's closing statement.

~t for t he rest of

The interview was concluded a1

Deputy Chief John Proctor: On August 19, 2008, Captain Argatha Gilmore, conducted a taped interview in the Legal Conference Room with Deputy Chief John Proctor after being advised of his OathlPerjury Warning and Police Officer Statement of Rights. lnvestigator Danielle Davis and Court Report Sarah B. Gilroy were present.

1.1. # 08-21 Page 48 of 199

TALLAHASSEE POLICE DEPARTM EwT INTERNAL AFFAIRS UNIT

Deputy Chief Proctor has been employed with the Tallahassee Police Department for 27 years. He has management oversight of the Support Bureau and the Operation Bureau. Deputy Chief Proctor advised that he has no specific training in vice and narcotics, but he is familiar to "some degree with the SOPS and the General Orders."

The interview of Deputy Chief Procror started with overview questions of operational plans. When asked if he was a part of the approval process for an operational plan. He stated, "in certain situations, yes." He responded, "typically, I am briefed on almost all search warrants which requires an operational plan." He is advised on the general operation and the process, not the "construction or the securing of the CI." (page 9:9-20)

Captain Chris Connell, the division commander, provides operational briefing to Deputy Chief Proctor. Deputy Chief Proctor stated, when Captain Connell is not present the person acting in his stead provides the briefing. Those persons who have provided the briefing to Deputy Chief Proctor have been Lieutenant James Montgomery and Lieutenant Mark Wheeler. (page 10:3-10)

When asked under what conditions he receives an operational plan briefing, Deputy Chief Proctor stated, "vice does a lot of street operations, they do a lot of

1 planning, and they. do a lot of things. Sometimes they create a plan for just a typical buy-bust. They do a plan for a buy-walk. You buy drugs, and you let the person walk, and then you identify them and come back get them later. So, those are fluid." Deputy Chief Proctor said those are the types of operations that he necessarily does not have to know about. He entrusted the division commander to deal with those types of operations and to tell him when the operation is done. He stated, "I give them general guidelines as to making sure that they follow policy, making sure that they have resources to do what it is they do, making sure that it's legal, making sure that all of the protocols have been met. Those are the questions I ask." (pages 10:20-25; 1 I :I -1 3)-

The next question posed to Deputy Chief Proctor dealt with how does rie receive updates when aspects of the plan change. Examples of updates given were changes in resources, changes in personnel, and changes in location of the operation. Deputy Chief Proctor advised that it depends on the specific case. He stated, "they build them (operational plans) with some leeway to operationally have the ability to make an adjustment because they are fluid." Most updates are given to Deputy Chief Proctor by telephone. (page 12:2-2P\

Deputy Chief Proctor stated he does not receive long briefings an overview of the operation (page 13:l-10).

i are

When asked does he receive a written copy of an operational plan that requires his signature, Deputy.Chief Proctor stated, "as it relates to this certain issue that you're talking about (May 7, 2008 Operation Plan), I did not get a written copy,

1.1. # 08-21 Page 49 of 199


but in most cases I do get a written copy. I don't have to approve it. I give tacit approval by acknowledging that I've received it and said, okay, this appears fine, based on the information that you've shared with me, and go ahead with it. But in specific, the case that is being referenced here, I did not get a copy of it. l was out that day." (pages 13:23-25; 14:l-7:

Deputy Chief Proctor said he never haa ro sign off on an operation plan. He stated most times he gives verbal approval. Deputy Chief Proctor further advised he has made a request that the operational plans be prepared and presented well in advance before the actual operation takes place, "so that we could review it." (page 15: 1-5)

The questions changed to focus on confidential informants and undercover operations. When asked was he aware of vice operating procedure 10 and provided a copy of Vice SOP 10, Deputy Chief Proctor stated, "I have some general knowledge of it, yes ... in that I don't deal with this on a day-day basis. It's not my specific job. That is why I'm saying, I have general knowledge of it." (pages 16:23; 17:3-6)

Deputy Chief Proctor was asked, "do you know of any official memorandums or approved practice that overrides Vice SOP 10, allowing an informant to operate

J without an undercover investigator?" He replic n't know of any nn " '?age 17:8-I 7)

Deputy Chief Proctor said he did not know of any past operations where a confidential informant was used in a buy-bust operation without an undercover investigator with them in the vehicle. (page 17:13-17)

According to Deputy Chief Proctor he does not believe that the practice of not formally charging a CI prior to using them as a CI is a Tallahassee Police Department approved practice and if this prac ~eing done in vice it would cause him concerns. (page 20:12-21)

Prior to asking questions about the April 22, 2008 operation plan, Deputy Chief Proctor was provided a copy of the plan to review. Deputy Chief Proctor advised he was aware of the aforementioned plan. He could not recall the specific date or time he was made aware of the plan. He added that he had seen and heard so much about the investigation that it was kind of confusing. He stated that he does not remember when he received a briefing for the April 22" operation plan. He advised it could have been the same day or a day before. He remembered Captain Connell briefed him on the operation. He does not remember who was present with him while he was being briefed.

Investigator's Note: Deputy Chief Proctor provided information about the April 22, 2008 operational plan. He stated there were concerns about the second person that was not identified in the plan. Eventually, that person

1.1. # 08-21 Page 50 of 199


was identified as " Deputy Chief Proctor said w a s later identified with his full name. Days later it was revealed that another principal player had not been identified in this operation. He did not know through whose fault, Deputy Chief Proctor said the operation was flawed. (pages 21 :7-25; 22:2-7)

When asked about the briefing he recelvea rrom Captain Connell, Deputy Chief Proctor gave the following synopsis:" There had been discussions about the April 22, 2008 operation approximately a week before it was to occur. Deputy Chief Proctor was given the impression from Captain Connell vice was working with Drug Enforcement Administration (DEA) and DEA sources in this operation plan. The dates were unclear and the person involved was from Perry. Deputy Chief Proctor said Vice and DEA were going to purchase pills and powder. He did not remember the specific amounts, but Vice needed money to make the purchase. Deputy Chief Proctor recalled this was the first time there was a need to go into the flash fund to provide money for the operation. However, it was his understanding that DEA would contribute money to accommodate this purchase. Deputy Chief Proctor said, knowing that it was a fixed location, he asked the same questions, "safety, resources; i.e. human resources, will the TAC team be needed ... l would have imagined I would have said, it's in the city, so we had jurisdiction. And that's essentially it." (pages 23:21-25; 24: 1-25; 251 -7)

) Deputy Chief Proctor said he approved In. (28:6-10)

For the April 22, 2008 operational plan, Deputy Chief Proctor advised he signed out $6,000 on April 16 or April 17. He did not recall if DEA put money with the $6,000. (page 25:21-25)

He stated he received a written copy of the operation plan. (page 26525).

He was asked if he articulated 22 operation?

ncerns to Capt ain Connell about the April

Deputy Chief Proctor stated, 'That's a hard question, because I have concerns with every operation. He advised he asks the question, "Have you given it due diligence? They know I ask that. And they typically say, yes, we h ~ \ / n " bage 2911-13)

Deputy Chief Proctor was asked how mucn lntormation was provided to him about Ms. Hoffman. During the April 22 operation briefing, Deputy Chief Proctor advised Ms. Hoffman was not discussed. He further advised he did know about Ms. Hoffman until he was notified she was missing. (page 31 :I-8)

Deputy Chief Proctor stated, he never read the May 7, 2008 operation plan (page 31 :9-14).

1.1. # 08-21 Page 51 of 199


When asked if he was briefed on the May 7, 2008 operation, he responded, "Maybe my better answer is, that was the day I was out on medical leave. I had a medical procedure done. And the point at which I was briefed that this operation was even taking place was when I was called at home. It was a very short conversation. I had a medical outpatient procedure done that day. (pages 31 ~17-25; 32:l-3)

Deputy Chief Proctor stated that he was called at home approximately 12:OO noon on May 7" 'Monday or Tuesday before this operation, the Captain just came into my office and said, we are working on an operation that will involve DEA - - this was Monday or Tuesday. I think this event happened on Wednesday - - and that we're working on this thing. We're working to pull some things together, blah, blah, blah - -. But he (Captain Connell) called me and said; we're doing this operation today. I said, okay, what time? He said, later today. He's the only person (Captain Connell) 1 talked to about this operation. He said, we need some money. I said, okay, how much? And he told me an amount. I said, why do we need that? And I asked more specifically. could this wait until another time, because I could not leave my house at that time ... But I asked him, when was it going; he said later in the day. 1 said, well, I've taken pain medication. And I said, perhaps 4:30 or 5:00 1 could get there. It was about noontime then. It was over-the-counter pain medication ... And I told him I would try to get there sometime after 4:OO. And I said, what I told him, because - - I'm telling you, I was in pain. So I told them, please brief Chief Jones about this operation. And he said he would. Shortly after 4:00 1 made it to the police department. "(pages 32:17-25; 33: 1-25; 34:l)

Deputy Chief Proctor provided information about the processing of the flash fund. The flash fund was the money provided to Captain Connell for the May 7,2008 operation. Deputy Chief Proctor stated he was the keeper of the flash fund. (34:2). Deputy Chief Proctor realized that the money ($6,000) from the April 22, 2008 operation had not been reconciled. (page 34:7-9) This was taken care of prior to releasing the funds for the current operation.

At approximately 5:00 p.m. Deputy Chief Proctor released the money to Captain Connell for the May 7,2008 operation (page 34:lO-12).

Present in the office to witness the release of the money was Property and Evidence Supervisor Patty Wallace and lnvestigator Ryan Pender. (page 34:12- 18)

Deputy Chief Proctor advised under the authority of the General Order, he could release the money. Deputy Chief Proctor released $13,000 to Captain Connell and lnvestigator Ryan Pender (page 36:25).

Deputy Chief Proctor further advised he reconciled the funds with the memo that was presented to him from Captain Connell and lnvestigator Pender (page 35:7)

------ - 1.1. # 08-21

Page 52 of 195

TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNI

Deputy Chief Proctor stated he told Chief Jones how much money he released for the operation (page 35:24-25). Deputy Chief Proctor advised both he and Chief Jones mentioned, "don't let this money go anywhere. And they said, (Connell & Pender), we got that covered. We will make sure it's not out of our sight kind of thing. And Chief Jones said the same thing." (page 36:2-18).

When asked who said they would watch the money, Deputy Chief Proctor stated, "I made the reference to the folks that were in the room, and primarily the Investigator, Pender. But Connell was in the room, too. And they both said, the money will be fine." (page 37: 12-20)

Deputy Chief Proctor stated he believed both he and Chief Jones asked where the operation was going to take place. They were provided the response of

(page 36:13-21)

The secondary location was Wal-mart on Thor nasville Road. (page 37:l-2)

Deputy Chief Proctor stated, "I remember him saying the house. And I had seen - - he may have said-. He may have said Ox Bottom. I think that house is in Ox Bottom or somewhere off of Ox Bottom. So, he may have said Ox

\ Bottom Road or somewhere off Ox Bottom Road, which I'm trying to keep separate what I knew then and what I've come know now. So that's why it's kind of fuzzy. I don't want to miss-state anything ... and that if that was not the place that it ultimately went down, that the fallback location was the Wal-mart. And he told me the amount. And that's essentially it. (page 40:3-19)

Deputy Chief Proctor stated he asked his customary questions, "Do you have enough people to do what you need to do? Do you foresee any problems? And based on my recollection, he (Connell) allaved any of those concerns" (page 37:4-9)

When asked who approved this plan, , he responded, "I would imagine - - I did not see the plan, -hat - - I hate to make assumptions. But Captain Connell, and I'm assuming if he briefed the Chief, the Chief approved it as well. But I had knowledge of it. But 1 didn't say, it's a go, like I normally do. I didn't look at it and pour through it like I typically do. (page 38:7- 13)

When asked would giving of the money ($13,000) be considered approval of the operation, he stated, "Based on what I knew and based on what was presented to me and based on the Captain indicating that he had briefed Chief Jones, I guess that approved - - that is, to some degree, my approval of it, yes." (pages 38~22-25; 39~1-5)

I

1.1. # 08-21 Page 53 of 199

TALLAHASSEE POLICE DEPARTME,. I


Deputy Chief Proctor said the information provided to him at the time he released the money indicated that the operation "would take place on the northeast that it involved DEA that it involved the purchase of some drugs - - I don't remember how much. There was no mention of the lady (Ms. off man) involved." (page 39: 12-22).

Deputy Chief Proctor was asked if he received a hard copy of the operation plan. He stated, "I recall seeing one in my door the next day or so, but I never read it. (page 38:4-17)

Based on Deputy Chief Proctor's supervision of Captain Connell, he felt that if there were potential problems with the operation, Captain Connell would have made him aware. Additionally, he advised in releasing the $13,000 all the particulars of the operation had been worked out.

Deputy Chief Proctor stated he never had released that amount of money or more before for any operation. (page 42520)

Deputy Chief Proctor stated, "Knowin done this operation." (pages 42:25; 43:

g what 1)

I know I now, we would not have

I Deputy Chief Proctor stated, "Knowing what I know about this entire operation and Ms. Hoffman as a CI, I would not have approved in any way, shape or form this operation." (page 44:13-17)

When asked would he knowingly approve a buy-bust operation in which a confidential informant operates alone in his or her vehicle, Deputy Chief Proctor responded, "It's hard to answer that question, because again, it's dependent on the circumstances involved. The policy indicates - - depending on the circumstances, whether they're introducing a case agent to a target person that may be acceptable. So, it's hard to say yes or no to that question. Deputy Chief Proctor stated the preferable way would have been to have a case agent with Ms. Hoffman (pages 441 8-25; 45:l-6).

When asked who did he believe was responsible for the control of the confidential informants, Deputy Chief Proctor responded, the person who signed them up. "And certainly from the operational level, both the case agent and the immediate supervisor should have very clear understanding of their capabilities."(page 45:9-2 1 )

Deputy Chief Proctor was asked to give his expectation of the duties and res onsibilities of each supervisor in the buy-bust operation at the &location. Deputy Chief Proctor responded as follows:

"The sergeant should manage and have extreme knowledge or clear knowledge of the operation, should know and have clear understanding of the ability of the

1.1. # 08-21 Page 54 of 199


case agent or the investigator that's handling the person, should know what the operation is, should be monitoring it, should have the ability to call it off, ask for additional resources. ..they should be in total control of the street level completion of the operation." (page 46:13-25)

The lieutenant, to a lesser degree, should have street level control of the operation. But they certainly should be present." (page 475)

"And based on policy, they should be monitoring and subsequently being able to adjust it, call if off, redirect resources, all of those aspects of their duties as defined by policy. But they should, in my estimation, be heavily involved with the operation." (page 47:3-11)

When asked did he expect Lieutenant White to be on scene of the Hoffman buy- bust operation, he stated, '"that is the preferable way of doing one. He stated that he was made aware that Lieutenant White was not on scene because Captain Connell was talking to her while he, Captain Connell, was sitting in his office.

Deputy Chief Proctor further advised that while he was sitting in his office he received a call that it was (buy-bust operation) was underway. After the call, Deputy Chief Proctor did not know the location of Lieutenant White. (page 47:12- 25)

ie svr Deputy Chief Proctor continued to give hla cA$ectation of the duties and responsibilities of supervisors at a buy-bust operation. "Captains, to a huge degree, they're not necessarily mentioned in the policy, other than their oversight, to make sure that each of the other levels; the lieutenant, sergeant and case agent do their functions. But they are oversight and guidance to make sure that all policies and procedures are adhered to." (page 48:2-7)

Deputy Chief Proctor stated that he believed portions of the operations were violated. He advised they did not follow policy, based on his understanding of the operation subsequent to it being underway. (page 48:9-19)

Investigator's note: Deputy Chief Proctor did not state the portions of the operation he felt were violated. (page 48:16-19)

Deputy Chief Proctor stated he was not aware that the location of the operation was changed from m n d Wal-Mart to Forest Meadows. (page 49:17- 21

When asked would he have approved the change in location to Forest Meadows, he responded, "that is not a call that I would necessarily make at my level. I don't like it as a location, I will say that personally. But the folks on the ground, if they feel they have resources, they have eyesight of the person, the ground

1.1. # 08-21 Page 55 of 199

TALLAHASSEE POLICE DEPARTMEtvr INTERNAL AFFAIRS UNIT

conditions, i.e. there are no people around. If it's (page 50:8-17)

:hey make the call.

Deputy Chief Proctor stated, he would not have approved Forest Meadows as a buy-bust operation location ..." but again, I wasn't on the ground." (page 51:15-21)

Interview concluded at 2:41 PM.

1.1. # 08-21 Page 56 of 199

TALLAHASSEE POLICE DEPARTML,. , INTERNAL AFFAIRS UNIT

Druq Enforcement Administration (DEAI Special Asent Interview

Special Agent Lou Andris: On Wednesday, August 13, ruvo, at 10:07 AM, lnvestigator D a n ~ e ~ ~ e uavls conducted a taped interview with Drug Enforcement Administration (DEA) Agent Lou Andris in the Legal Conference Room of the Tallahassee Police Department. Also present in the room was Internal Affairs Investigator George Creamer Jr., Special Agent- In- Charge Randall Bohman and Court Reporter, Mrs. Sandi Nargiz. The OathlPerjury Warning form was read, affirmed, and signed by Agent Andris. All parties present witnessed the form.

Special Agent Andris has been employed by the DEA for ten years. As a special agent he enforces the Federal Controlled Substance Act of the United States. Prior to joining the DEA, Agent Andris was employed by the Tallahassee Police Department for twelve years. Agent Andris believes he has participated in over a hundred buylbust operations. Agent Andris advised he first learned about Ms. Hoffman after receiving a telephone call from his supervisor, DEA Agent Mark Cutcliff, on the afternoon of May 7,2008.

When asked what he believed the DEA's role was with this investigation, Agent

1 Andris stated, 'Well, what I thought our role was, was what they were doing the buylbust and our participation was after the buylbust; if these guys were going to cooperate, that we could further the investigation, if we had to leave town, we were there to roll with it or go out of town or whatever to help further the investigation," (Page 8:7-13). He said the DEA's role was not verbalized to him, he just felt that was the DEA's role (Page 8:20-22).

Agent Andris was present for the operational briefin on Ma 7, 2008. He advised two locations were discussed, the house- and the parking lot of Wal-Mart (5500 Thomasville Road). When asked ~f Forest ~eadows was discussed at the briefing, he was unsure but believed it may have been discussed at the end of the briefing. He did not recall how the discussion about Forest Meadows began.

According to Agent Andris the L J I I ~ I I I I ~ was very thorough. "...It was a pretty thorough briefing as in they had, I guess the captain and lieutenant were in there and they were doing the what - if: If this happens, what do we need to do ..." recalled Agent Andris (Page 10:8-11).

Agent Andris received a copy of the operational plan and believed the operational plan was "pretty detailed." He stated, "You've got to remember, on operational plans, drug work is so fluid, things do change as operations are happening," (Page 11:7-9).

I

1.1. # 08-21 Page 57 of 199


Agent Andris advised Ms. Hoffman was not 'scussed .at the briefing. He was given information on the identified suspect, h, who had a non- violent criminal history. He was not concerned that the other suspect was only known as 'm, When asked if he knew a firearm was involved, Agent Andris advised the firearm was mentioned. He stated, 'they mentioned the firearm, but I don't know how detailed they got into the firearm because it was ecstasy, cocaine, and getting the gun," (Page 12:13-17). Agent Andris advised he did not have concerns about the firearm.

Agent Andris was asked what his role was in the operation. He answered, "My role was the perimeter. DEA's role, you know, all the takedown stuff was going to be done by TPD. I guess they might have had some other TAC guys out there too to do the takedowns. And I guess Agent Harley (Jimmy Harley) went to the house, was sitting on the house; me and Dave Wilson, he was actually going to get in the car with me and I said, hey, just take your car for and extra vehicle out there on surveillance," (Page 12:20 - Page 13:4). Agent Andris said he was told at the briefing he was there for surveillance.

According to Agent Andris after the briefing everyone started setting up Tor porest j Meadows. As he and Agent Dave Wilson were standing by, Investigator Pender

Ms. Hoffman and Officer Pate walked by. Agent Andris advised that was the first time he had seen Ms. Hoffman. He and Agent Wilson then assisted lnvestigator Pender by carrying the "tech" equipment down to the cars. "Me and Dave went to the parking lot and I just waited around because I think over radio transmissions they might have - - there was a silver BMW involved, they thought they had it located at the park. So I just waited. And when Ryan and them started leaving, I started leaving. I happened to follow in behind the CI, I was going towards Forest Meadows," said Agent Andris (Page 13:18-24).

Agent Andris said he was not present when Ms. Hoffman received her instructions from lnvestigator Pender. He also did not witness the controlled phone calls. When asked if he saw lnvestigator Pender put the equipment in her

. - According to gent Andris, lnvestigato; Pender and 0fficer.pate (whose name was unknown to Agent Andris) did not appear to have difficulty setting up the surveillance equipment.

Agent Andris did not know how Forest Meadows became the buylbust location. He however, did not have concerns about it being moved. He answered, "No,

,J because the Wal-Mart parking lot is such a vast area and it's hard to control. When Forest Meadows came up, it was one way in, one way out. They were

1.1. # 08-21 Page 58 of 199


I

When asked what happened after leaving the police station, Agent Andris stated, "Okay. We started going down toward Forest Meadows and I happened to be behind the CI. And as we are going, she makes the wrong turn and I get on the radio and I tell lnvestigator Pender, hey she made the wrong turn, she needs to go to the next exit or entrance for Forest Meadows because she turned into the ballparks. He said okay. And I was probably doing about 35 miles per hour and I was looking, I could see a BMW sitting in the park. And I don't know if I asked, is it okay to go into the park. I was going slow and I could hear over the transmissions, hey, they are trying to get her to go to the landscape company, which I knew was Royalty further down. So I continued to see if they were there and that's when I saw them there," (Page 15:15 - Page 16:4).

When asked clarification questions, Agent Andris advised he was following Ms. Hoffman on Meridian Road and lnvestigator Pender was driving behind him. When Ms. Hoffman made the wrong turn into the baseball fields, lnvestigator Pender was driving behind him. He did not know if he was directly behind him or

1 one or two cars behind him (Page 16:16-18). He communicated with Investigator Pender via the TPD radio.

Agent Andris was asked who had eyes on Rachel Hoffman when she made the wrong turn. He replied, "As I am driving, he says - I don't know, I can't remember the radio transmission, but 1 told him, hey, she turned into the wrong location, I think she is going to have to make that loop. And he said okay," (Page 16:24 - Page 17:4). Agent Andris believed his role was outer perimeter. He did not recall lnvestigator Pender asking him to keep an eye on Ms. Hoffman while he turned on the wire. He also was unsure if there were any other law enforcement officers'in the area of Ms. Hoffman as they traveled north on Meridian.

Agent Andris said the last time he saw Ms. Hoffman was when she turned into the baseball fields. When asked w atching Ms. Hoffman he stated, "People in charge of the The case agent, he was in charge of (the) listening dev responsibilities when . . you have the Kel," (Page 17:25 - Page 18:6).

Agent Andris said he drove to the nursery where he saw the suspects facing "nose out" to Meridian Road. He relayed what he saw about the suspects and the suspect vehicle over the police radio. He then traveled to the school (Hawks Rise Elementary) where he turned around. He stated, "And I slowly go down the road and there's just really nowhere to turn there. So I go to the school and I pull

I into the school, and eventually I will make a U-turn. And I stop and I wait a couple - - I don't know how long I wait. But then I pull back out and I look down

1.1. # 08-21 Page 59 of 199


the road and I don't see the car up - - nose up to the front anymore. So I say, hey, I think they might be southbound because I don't see them at the nursery anymore. So I start southbound - -," (Page 18:20 - Page 19:4). Agent Andris confirmed he said over the radio the suspects might be southbound. He then continued, "So I start southbound to go check the nursery to see if they pulled into the nursery because there's a big parking lot there, they could have backed up there. And 1 go by and I don't see them there. And more radio transmissions coming saying I am trying to get a hold - - Looney is saying where is the CI or something and 1 think Pender says I am trying to get a hold of her now. So 1 continue south. I guess Gardner Road comes up, so I do another U-turn. I don't even know how far down, I think I was near Forest Meadows then," (Page 19:6- 17).

Agent Andris advised the traffic on Meridian Road was, "It was 6:30, 7 o'clock traffic. There were people going to the ballpark and there was still a lot of traffic out there." (Page 20:4-7).

Agent Andris confirmed he was unable to malntaln visual contact with the suspect vehicle when he made his U-turn at the school. He was then asked why he believed the vehicle was going southbound. He advised he believed it was going southbound because that was the location of the deal.

j When it was asked if were true that no one had eyes on Ms. Hoffman when she turned into the baseball fields, Agent Andris replied, "I am not sure because when she turned in, 1 could see her in my rea~ iew mirror when I told Ryan, hey, she pulled in here because it's less than - - what is it, 200 yards to the next entrance, I think. And when I told him on the radio, I assumed he had eyes on her because when he said, okay, I got it - - I think he said that, but I am trying to go off my memory right now," (Page 21:22 - Page 22:6). He was then asked why he didn't turn in with her. He responded, "With her? Because my role wasn't to follow the CI, I was on the perimeter," (Page 22:7-I 0).

Agent Andris said nothing in his mind made him believe he and Investigator Pender were switching control over the CI (Page 23:6-9).

Agent Andris advised he believed the Tallahassee Police Department officers involved were deputized under the authority of DEA. He did not know how many were deputized. He advised they usually raise their hand and take an oath. The person who would have done that would have been DEA supervisor Mark Cutcliff.

The interview was concluded at 11:03 AIVI.

Investigator's Note: On August 18, 2008, Agent Andris reviewed his transcript and noted on the Errata Sheet that he has been employed by

-- - - 1.1. # 08-21

Page 60 of 199

. . .-LAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT

DEA for eleven years. He also advised he was not present for the deputizatlon process.

Special Agent David Wilson: On Wednesday, August 13, 2008, at 11:30 AM, lnvestigator Danielle Davis conducted a taped interview with Special Agent David Wilson in the Legal Conference Room of the Tallahassee Police Department. Also present in the room was Internal Affairs lnvestigator George Creamer Jr., Special Agent in Charge Randall Bohman and Court Reporter Mrs. Sandra Narqiz. The OathIPerjury Warning form was read, affirmed, and signed bv Agent Wilson. All parties present witnessed the form.

Agent Wilson has been employed by the Drug Enforcement Administration (DEA) for eleven years. Prior to joining DEA he worked for the United States Border Patrol for two years. Agent Wilson learned about the operation involving Ms. Rachel Hoffman on May 7,2008.

Agent Wilson advised he was told the DEA agents were going to assist with the outer perimeter. He attended the briefing, which he considered to very thorough and containing all of the,inforrnation he needed to do his job.

! According to Agent Wilson the operation was to be "a buylbust operation in which when the suspect arrived and then met with the informant, a transaction would occur and then the arrest teams would move in and effect the arrest," (Page 6:18-21). The operation was to occur at Forest Meadows Park. When asked if Forest Meadows was discussed at the briefing, Agent Andris stated, 'Well, I know at one time Wal-Mart was mentioned and Forest Meadows, but before I left the station, everyone knew to go to Forest Meadows.. ." (Page 6:24 - Page 7:2).

Agent Wilson advised Ms. Hoffman was not discussed at the briefing. The one suspect w h o was identified was discussed. Agent Wilson said he did not have concerns about doing an operation where one of the suspects was not fully identified. He also knew there was a firearm involved in the deal. When asked if he was concerned about the firearm he replied, 'We are always concerned about firearms," (Page 7:23).

Agent Wilson was asked where he went after the briefing. He advised he followed lnvestigator Pender and Ms. Hoffman to the parking lot. He assisted lnvestigator ~ende r by carrying some o said he observed lnvestigator Pender 0 Afterwards he went

m to have any He advised the

I ficient with the equipment. ~eassumed Officer Pate was from the-~&c.h Unit. '

1.1. # 08-21 Page 61 of 199

TALLAHASSEE POLICE DEPARTME#. INTERNAL AFFAIRS UNIT

While lnvestigator Pender and Officer Pate were busy- into Ms. Hoffman's vehicle, Agent Wilson advised he carried on a

with Ms. Hoffman in an attempt to try and make her feel comfortable. Agent Wilson was asked based on his experience with DEA and his conversation with Ms. Hoffman in the parking lot if he had any belief Ms. Hoffman wasn't capable of doing her role in the operation. He answerer' ""I- she seemed very comfortable in the whole operation," (Page 10:ll-16).

Agent Wilson said he did not see the officers search Ms. Hoffman. He also was not privy to any instructions lnvestigator Pender gave her. After the equipment was installed he went straight to Forest Meadows Park. Agent Wilson did not have a TPD radio with him. He only had a DEA radio.

When asked when he believed something went wrong, Agent Wilson answered, 'Well, as I said, the takedown, after I identified the takedown units there, and our role was strictly just kind of be hands off. I saw the takedown units or one of the takedown units start moving in, so I waited a few, you know, 10-1 5 seconds and then I pulled around and I was expecting to see the takedown. Well, I pulled around and all of a sudden I see the takedown units leaving, so at that time I said something is not right. So then, I hit up - - I don't know who I called. I called

1 someone saying, hey, what's going on," (Page 12:ll-24). Agent Wilson advised he was told to go to Gardner Road. He knew where Gardner Road was.

Special Agent Jim Harley: On August 13, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with DEA Special Agent (SA) Jim Harley after being advised of his OathlPerjury Warning. Special Agent in Charge (SAC) Randall Bohrnan was also present as was lnvestigator Danielle Davis and Court Report Sandi Nargiz.

SA Harley has been employed by the DEA as a Special Agent for approximately 7.5 years. Prior to this he was employed by the Tallahassee Police Department as an officer for approximately 6.5 years.

SA Harley was contacted on May 7, 2008 by h ~ s supervisor, Mark Curc~~rre, and asked to assist the Tallahassee Police Department with an operation. According to SA Harley, the DEA's involvement was to provide additional resources to the Tallahassee Police Department for the o eration in the form of surveillance. SA Harley was assigned surveillance at* - - .

SA Harley was asked if any discussion occurred at the operational briefing that was not included in the operational plan. He stated, "Not at the time I was there. I left - my understanding was the operational briefing was done, and at some

I point during that operational Summer Brooke location and

1.1. # 08-21 Page 62 of 199

TALLAHASSEE POLICE DEPARTM El I


did that. And to my understanding, there was some other stuff that was discussed after I left that I wasn't privileged to." (page 6:10-1 j )

SA ~a r l ey was asked what his role was in the operation. stated, 'My role at the house from the briefing was to stay on the house He The source was going to go into the house, do the transaction and leave, and when she left there was an anticipatory search warrant that they were going to execute at the house. But my sole objective for being on the house was surveillance to let them know when people came and left and went from the house." (page 9:18-25)

SA Harley was asked at what point he had concern for CI Rachel Hoffman's safety. He stated, 'When they didn't know where she was at." He was asked how he came across that information. SA Harley stated, 'Well, I was actually on the phone with somebody and they had informed me that they couldn't find the CS (confidential source) and the last place they knew she was on Gardner Road. So I responded to the area of Gardner Road." (page 1 15-9)

SA Harley added, "I will say, and I don't know if this is relevant to atiyinlny, but the briefing was very, very thorough. It always is with TPD, very thorough. And at least the part that I was involved in and if they went any further and expounded on anything else after I left, it's even that much more thorough. So there was

I nothing left out in the briefing that I felt or I believe any of the other DEA against would have felt that, okay, this wasn't covered because all of us had been around long enough in law enforcement where we would have stood up and said, well, what about this and asked questions, and none lid." (page 2:6-17)

Special Agent Robert L. Robbins: On August 14, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with DEA' Special Agent (SA) Robert Robbins after being advised of his OathlPerjury Warning. SA Robbins was unable to attend in person and the interview was conducted via conference call. Special Agent in Charge (SAC) Randall Bohman was also present as was lnvestigator Danielle Davis and Court Report Sandi Nargiz.

SA Robbins has been employed by rne v t ~ a j approximately 17 years. He is chently-assignee for approximately 8 years.

SA Robbins was notified by SA Jimmy Harley on May 5, 2008, to come to Tallahassee, FL reference an unrelated case. While in Tallahassee he was advised the Tallahassee Police Department had a case and was requesting the DEA's involvement. The only contacts he had reference the May 7, 2008 operation was SA Harley and lnvestigator David Donato, Tallahassee Police

I Department.

--- ---.

1.1. # 08-21 Page 63 of 199


SA Robbins attended the briefing at the Tallahassee Police Department. He was asked what his the operation. He stated, "Our initial assignment was to he main target's house which is in a, I guess upscale 15 to 20 miles north, northeast of Tallahassee. hat was the main-target in my understanding." (pag6 7:13-17)

SA Robbins recalled a second location at a "sports complex" 4 to 5 miles south of the target's house -). SA Robbins was asked if North Meridian's conditions caused any issues with his surveillance. He stated, "I am not familiar with the name of the road, but there is a connects the sports field with the area of residence and it's most of the sports field is. The actual fields thems parking lot areas around them contained d" (page 8:s-1 0)

SA Robbins was asked who was assigned to watch CI Rachel Hoffman during the operation. He could not recall specifics. SA Robbins stated, "One general comment I could make about the briefing. I have been an undercover many times and I have been to hundreds of briefings. One of the things 1 always try to figure out myself is do I feel comfortable with this if I was an undercover. And I definitely got that feeling during the briefing. 1 felt that all the essential information was discovered and all the safety issues were covered and had I

I been undercover, I would have felt comfortable going into that situation. I don't remember all the specifics of who was assigned to where, but I do remember a -general feeling of, yeah, this sounds like a good operation." (pages 9:22-10:9)

When SA Robbins and Investigator Donato were they were advised the location had been SA Robbins then repositioned to try to acquire Forest Meadows. SA Robbins stated, "One other aspect of this. e had a DEA radio and we were monitoring the DEA radio operation was occurring on Tallahassee's tactic frequency, which we weren't, or at least I was not listening to. I don't recall now if Detective Donato had a handheld Tallahassee Police Department radio or not." (page 11:17-23) SA Robbins confirmed Tallahassee Police Department radios do work but difficult since they are not

When SA Robbins was advised CI Hoffman was missing, they began to coordinate with ground units for the search.

--- .--

1.1. # 08-21 Page 64 of 199

TALLAHASSEE POLICE DEPARTML. _ _


On August 12, 2008, Lieutenant Edward Smith and Sergeant Stan Hoover conducted a recorded conference call interview with Mr. Benjamin Reeves. Mr. Reeves was told the interview was being recorded and consented to the recorded conference call. The entire interview with Mr. Reeves was transcribed and the following information is only a summary of the interview.

Mr. Reeves stated he met Ms. Hoffman through a mutual friend who took him over to Ms. Hoffman's house to "Smoke some pot." Mr. Reeves stated he met Ms. Hoffman in January 2008.

Mr. Reeves stated he learned Ms. Hoffman was a confidential informant after the April 17, 2008 search warrant the Tallahassee Police Department served on Ms. Hoffman's residence. When asked what police seized during the search Mr. Reeves stated, "Ecstasy pills, valiurns, and some marijuana and some paraphernalia." When asked who else knew Ms. Hoffman was a confidential informant Mr. Reeves stated, "She told a lot of people, I mean like all my close friends, but she let people know."

Mr. Reeves stated he was concerned about Ms. Hoffman acting as a confidential informant because, "Just-l was more concerned that the police weren't going to follow through with their end of the deal and let her off the hook on her charges. We didn't really think this was a possibility, what happened. I thought she would get robbed, and I told her that, and she knew that as well. She said even if I get robbed, the police would be right there." When asked why he thought Ms. Hoffman would be robbed, Mr. Reeves stated, "because I'm from Tallahassee, and I've known lots of people that have been robbed for selling pot."

Mr. Reeves stated that on the day after the buy-bust operation and Ms. Hoffman was missing, officers came to his residence on looking for Ms. Hoffman. Mr. Reeves stated he told the officers he thought Ms. Hoffman was with them and informed the officers they could not search his residence for Ms. Hoffman without a warrant.

C

' Taylor Sexton: On August 15, 2008, Sergeant Hoover attempted to call Taylor Sexton (JOU- 6391), but no one answered the phone. Sergeant Hoover left a voicemall message with his contact information at approximately 12:30 PM.

On August 15, 2008, Sergeant Hoover contacted Special Agent Mike DeVaney with the Florida Department of Law Enforcement (410-7596) for assistance in contacting Taylor Sexton. Agent DeVaney had previous contact with Sexton during FDLE1s criminal investigation of Ms. Hoffman's homicide. SA DeVaney stated he would attempt to contact Sexton, and have him contact Sergeant Hoover.

-- -.---- --

1.1. # 08-21 Page 67 of 199

TALLAHASSEE POUCE DEPARTMElr I INTERNAL AFFAIRS UNIT

On August 18, 2008, Sergeant Hoover left another phone messaae for Taylor Sexton at the 386-6391 phone numbc

On August 18,2008 Sergeant Hoover and Internal Affairs Investigator Derek Friend went to Taylor Sexton's residence at 2512 Armistead Road. A TPD business card (Sergeant Hoover's contact Information) was left with the neighbor who was watching the house while the Sextons were on vacation. The neighbor said he would give the card to the Sexton family when they returned on Wednesday, August 2oth.

As of August 25,2008 Taylor Sextor I has nc )t contacted Sergeant Hoover.

- 1.1. # 08-21

Page 68 of 199


Subject OfFicer Interviews:

Officer Chris Pate: Officer Chris Pate, PBA Attorney Hal Johnson, and PBA Representative Sergeant Sam Gereg were provided the opportunity to review the exhibits presented as evidence in this investigation prior to his interview on August 22,2008.

On August 22, 2008, lnvestigator Gwurye Creamer, Jr. conducted a taped interview in the Legal Conference Room with OfFicer Christ Pate after being advised of his OathlPerjury Warning and Police Ofticer Statement of Rights. Sergeant Sam Gereg was present as Officer Pate's P.B.A Representative. Attorney Hal Johnson, represented Officer Pate for the interview. Also present for the interview was lnvestigator ~an ie l l e Davis and court report Sarah Gilroy.

Officer Pate has been employed by the Tallahassee Police Department as an officer for approximately 7 years. His current assignment is with the Community Oriented Policing Squad (COPS) where he has been assigned for approximately 5 years. In reference to Vice operations, Officer Pate has had basic training in surveillance equipment. He has no knowledge of Vice Standard Operating Procedure (SOP).

Officer Pate stated that he has worked with the Vice Unit in the past. He has never been told to follow Vice SOP during these occasions. Until two weeks prior to this interview, Officer Pate had not reviewed Vice SOPS.

Officer Pate was questioned about procedure when signing up a confidential informant (CI). He was asked if he knew what Drug Court was. Officer Pate stated he did not. He stated, "I mean if it came up on my Cl's history or review of him, I would find out what it was. Can't say I would let it slide. If it goes against any kind of protocol for CI, obviously you couldn't trust that person." (page 13:7- 12)

Officer Pate was asked what h ~ s understanding of an operational plan was and what should be included in it. He stated that the plan includes a brief description of how the investigator got to this point. All officers involved are listed with their assignments and positions. Equipment to be used and the communications channel is included. The plan is given to the sergeant who signs it and notifies Communications.

He was asked how much work is put into the background for the operarlon. He stated, "A lot of work. You could have multiple officers working with the investigator or the officer who is doing it. When I do my operational plans, usually just myself. I will do it and go out, for instance, search warrant, go out and photograph the house. I will do all the criminal history background check,

- - -. - - -

1.1. # 08-21 Page 69 of 199

TALLAHASSEE POLICE DEPARTM E N I INTERNAL AFFAIRS UNIT

sometimes include that with the operational plan for the officers to see, ID photos, I pull all that together, sit down and write my operational plan. A lot of times Sergeant Ferrell, he will help us out with any kind of quirks in it. But most of the time on COP squad it's the individual officer working on it." (page 17:12- 18:l)

Officer Pate was asked when he first neara of Rachel Hoffman. He stated that he had received a tip in March of 2008 about a resident at Polos on Park who was selling a large amount of marijuana from her apartment. Officer Pate was given permission from his sergeant to do surveillance on the apartment. Officer Pender did a trash pull and came up with supporting evidence of drug sales by Ms. Hoffman at the apartment to include a ledger. He then reported this to the Vice Unit. The case was assigned to lnvestigator Pender.

The following month, lnvestigator Pender called Officer Pate and requested his assistance with the case. They went to the apartment; the leaser had been identified as Rachel Hoffman, and they developed probable cause for a search warrant. While lnvestigator Pender was writing the search warrant, Officer Pate and members of the COP squad watched the apartment to ensure no one came or left it. Approximately 30 minutes after setting up surveillance, Rachel Hoffman exited the apartment and was detained by the COP squad. An hour later, lnvestigator Pender showed up with the search warrant and Vice investigators. Ofticer Pate did not know of an operational briefing and did not attend one occurred prior to executing the search warrant. Officer Pate stated he was not present for lnvestigator Pender's interview of Rachel Hoffman.

Officer Pate was asked if there were any indications what level dealer Rachel Hoffman was. He stated, 'Well, the initial information I got from people coming and going, we knew something was going on, obviously. When we did the search warrant, prior to us getting there, or the Vice guys getting there, she basically said that she was just a holding house for the bad guys. She was just holding weed, and they would give her some to sell.

"But the information that she had and the information that she was telling people would lead you to believe that she was involved in it more than just selling weed on the side to her friends. So she was making money off of it, you know. Mid- level dealer? I don't know how she went up on that, just because I saw - the guy she was dealing with, they could have been more mid-level than she was. If she was just holding it for them, then she's not really that high up the chain." hage 28~19-2918)

On May 7, 2008, lnvestigator Pender called Officer Pate. Officer Pate stated, "Pender called me and told me what was going on. Basically he invited me just to come along with him, since I'm the one that found this. This is - basically it was out of courtesy." (page 32:17-20) Officer Pate did not participate in the planning for the operation. His first involvement was to attend the operational

1.1. # 08-21 Page 70 of 199


briefing. Officer Pate stated the briefing room was full when he arrived so he stayed in the hallway. He did not have an assignment for the operation "other than being with Pender." (page 35:13-14)

Officer Pate clarified that his chain of command for that operation started with Sergeant Looney. Officer Pate was asked if he was assigned to a Vice officer. He stated, "Well, yeah, Pender just basically, he had the wire. He was like, you can just ride with me and just hang out with me, and let's see what happens - basically I was just there, you know, because I started the case. He was trying to let me see what the fulfillment of it was going to be out of courtesy. I didn't really have a role in it, other than that." (page 33:25-34:6)

Officer Pate was asked if he saw any of the Drug Enforcement Administration (DEA) agents at the briefing and if he knew their assignments. He stated he recalled one, Special Agent (SA) Lou Andris, staying behind with he and lnvestigator Pender. Officer Pate thought SA Andris' iob was to keep his eyes on CI Rachel Hoffman.

Officer Pate was asked what his role in the operation was. He stated, "I was just

have to do anything to it. Did some communication on the radio, but nothing with the wire." (page 41 :9-I 1)

At the end of the briefing, Offi eadows was brought up as a staging point for the . When the briefing broke, everyone headed to their staging points except lnvestigator Pender, Officer pate: and SA Andris.

Office Pate attended lnvestigator Pender's briefing of CI Hoffman prior to the operation. He stated, "She was getting the scenarios with the - trying to get the deal to go down at Walmart, at the house, stuff like that. The whole thing we were going over with her. Then Pender hooked up the phone, everything that he needed to do for the controlled buy, and she made - for the controlled call, rather, and made the controlled call at that point." (page 45:6-12)

Officer Pate was asked what e heard during the control call. He stated, "It was real brief. She spoke to the b guy, as best I could understand it. And he did not want - she was trying to get the deal to go down at the house. That's not what he wanted. He wanted to change it to a park. There was I don't know how many phone calls were made. There was some confusion.

1 "Initially she thought the park was on Old Bainbridge or something like that. Then he clarified it, said he wanted to go to Forest Meadows. She said okay.

1.1. # 08-21 Page 71 of 199


That's when the ball began to roll to go to Forest Meadows." (page 45:15-25) Officer Pate confirmed that the suspect, II) brought up Forest Meadows and that CI Hoffman agreed to it right away.

lnvestigator Pender briefed C1 Hoffman on safety. Officer Pate stated, "Well, I remember him going over stuff like she wasn't - she was not to get out of her car. The bad guy was supposed to get in her car and control it that way. If anything was to happen as far as him trying to get in her car, she wasn't supposed to do it. He then reiterated several times she was only to go to the area that we had designated for her." (page 46:21-47:3)

Officer Pate was asked if CI Hoffman was familiar with the area. He stated, "No. She didn't seem like she knew it. She said she was only familiar with I think she said the east side of town. We had to give her directions how to get there." (pages 47:ll-14)

Officer Pate was asked if he searched CI Hoffman prior to the operation. He stated that he did. He was asked if anyone else was present. Officer Pate stated, "Pender - well, Pender was like at his car doing stuff with the wire. He told me to search her, went up, did the search, searched her, did her purse, did the car. Then he came back, 2nd he actually went through the car too a little bit.

I And then we hooked up the wire." (page 50:ll-16) Office Pate was not aware of a Vice SOP that restricted male officers from searching female CIS prior to an operation.

According to Officer Pate, when they left the department, SA Andris was assisting them in keeping an eye on CI Hoffman. As they neared Interstate 10 (1- 10) on North Meridian Road, lnvestigator Pender pulled over and let CI Hoffman followed by SA Andris get in front of them. When they reached Maclay School, lnvestigator Pender pulled into the parkina lot and SA Andris took over visual surveillance on CI Hoffman.

Officer Pate was asked what lnvestigator Pender's duties were at this time. He stated, "He was doing a lot. He was contacting Rachel by phone, when we got to Timberlane, he gave her more specific instructions where to go, make sure she understood how to get to Forest Meadows again. So at that point there was really no doubt that she knew where it was. And she had called back several times saying, you know, she had talked to the bad guys. And then as we passed Timberlane, we went up a little farther and pulled into Maclay Gardens - not Maclay Gardens, but Maclay School. And she at that point was supposed to pull into Forest Meadows, but pulled into the baseball fields (Meridian Sports Complex) just south of Forest Meadows.

"That is where Lou was telling us, she pulled in here, blah, blah, blah. Actually he continued north. And then when that happened, we pulled back out onto Meridian. He had spoke with her again on the phone, told her, you need to go up

1.1. # 08-21 Page 72 of 199

TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIR

one street; it's a cautlon light, you know, again, all these directions. L v t : a~udally came onto Meridian, and Pender blocked traffic for her to let her pull forward to go to Forest Meadows. Then he zipped into the baseball field, went all the way around the north side as close as you could get to Forest Meadows to listen to the wire." (page 55:25-56:23)

Officer Pate confirmed that no one haa eyes on LI Hoffman when she pulled back onto North Meridian northbound from the ball fields (Meridian Sports Complex). He was asked if he knew why the decision was made not to follow CI Hoffman to Forest Meadows, He stated, "No." (page 60:3) Officer Pate confirmed that the last time they saw CI Hoffman, she was traveling northbound on North Meridian Road. They did not observe her pull into Forest Meadows. ,

Officer Pate stated that he and lnvestigator Pender pulled around the baseball fields at the Meridian Sports Complex. As they rounded a pavilion on the northwest corner of the park, they began to lose the wire. By the time they reached the north side, the nearest section to Forest Meadows, the wire was completely out. lnvestigator Pender got on the radio and asked the units at Forest Meadows if they had CI Hoffman yet. They did not. Officer Pate stated, "So now you get a little frantic when the wire goes down. Called her on the phone, couldn't get anything. She finally called him back and said that she was - the guy had changed locations. She was now headed up to the nursery and then Gardner Road." (page 63:17-21)

Office Pate was asked where he and lnvestigator Pender went at that point. He stated, W e went to Thompson Circle, and there were some dirt roads back in there that we thought were Gardner Road. None of that was Gardner Road. There was just various radio communications about where Gardner Road was. Nobody knew where it was at. Finales said it was farther north, farther north. So finally units kept going north and north. I don't know who was the first one there. People got in there. There was nothing on Gardner Road. Pender and myself continued even farther north. There was another Gardner Road, like Gardner Plantation Road or something. We went all in that area, didn't see anything, so - " (page 6523-66: 10)

Attorney Hal Johnson took a break to SpeaK WILII 3fficer Pate. When they returned he clarified with Officer Pate that his answers to the question concerning the final control call between CI Hoffman and suspec were his recollections of that conversation. 'm Officer Pate was asked questions to clarify what he recalled about that conversation. Officer Pate stated he knew CI Hoffman was speaking to suspect

He knew that C1 Hoffman was setting up the deal. (page 69:21) Officer Pate knew CI Hoffman had not offered the location of Forest Meadows. (page 69:21) Officer Pate knew it was suspect w h o offered the location of Forest Meadows. (page 70:l) He knew CI Hoffman spoke to lnvestigator Pender about

- -.- -- -

1.1. # 08-21 Page 73 of 199

TALLAHASSEE POLICE DEPARTM El. 1


Forest Meadows when she got off the phone with suspect-officer Pate did not recall if lnvestigator Pender spoke with CI Hoffman about safeguards for the operation during her briefing.

lnvestigator Ryan Pender: Investigator Ryan Pender, PBA Attornc 11 Villeneuve, ,.., PBA Representative Sergeant Sam Gereg were provided the opportunity to review the exhibits presented as evidence in this investigation on Friday, August 15, 2008, and before his interview on August 22, 2008.

At 1:35 PM, lnvestigator Danielle Davis conducted a taped interview with lnvestigator Ryan Pender in the Legal Conference Room of the Tallahassee Police Department. Also present was Internal Affairs lnvestigator George Creamer Jr., PBA Attorney Paul Villeneuve, PBA Representative Sergeant Sam Gereg and Court Reporter Mrs. Sarah Gilroy. The MemberISubject Administrative Rights and OathlPerjury Warning forms were read, affirmed, and signed by lnvestigator Pender. All parties present witnessed the forms.

Prior to being asked any questions, the Standard Operating Procedures (SOP) and General Orders in question were read for the record.

I lnvestigator Pender has been employed by the Tallahassee Police Department for almost eight years. He has been assigned to the Vice and Narcotics Unit for almost two years. Prior to joining the Vice Unit lnvestigator Pender worked in the Patrol Division and on the Community Oriented Problem Policing (COPP) Squad. In reference to job related training, lnvestigator Pender advised he completed two 40-hour schools on undercover operations (one basic and one advanced). His unit also conducts monthly, sometimes quarterly, training. He recalled his unit conducting training on buylbust, search warrants and surveillance. When he joined the unit he shadowed former investigator, Sergeant Sam Gereg. Additionally, lnvestigator Pender trained with lnvestigator Chris Corbitt on the technologylsurveillance equipment.

lnvestigator Pender was asked his opinion of a suitable confidential informant. He advised a confidential informant would be someone working for honorable reasons (working their charges down, reducing their charges, or vigilante), honest, forthcoming and level-headed. He said an unsuitable confidential informant would be someone who was dishonest or proven dishonest.

lnvestigator Pender was asked what the process is for documenting a CI. He advised their backgrounds are run to determine their criminal history. He stated, "I would run their background, criminal history, local, NCICIFCIC, run their DL'S

.. . .--.------

1.1. # 08-21 Page 74 of 199


they've been involved in, in the past, just in case they weren't arrested for something but were part of something that was un- -I can't think of the work - - but something that we would not want to use them for." (Page 14:7-18)

According to lnvestigator Pender after the background checks have been done, he conducts an interview with the subject to find out why they are there, what their purpose is for being there. He said if everything "matched upn he would get a confidential informant packet. The confidential informant packet gives the potential CI a list of rules of conduct. There is also a waiver of speedy trial to be signed if the CI were to be working off charges. The subject signs forms and the investigator signs forms. After the packet is completed, lnvestigator Pender advised he takes it, and the background information, to his supervisor for review.

lnvestigator Pender advised there are two investigators present wt with a CI for witness purposes.

ien me1 eting

lnvestigator Pender said he checks to see if a potential C1 is on probation or parole. If they are on probation or parole he said he tells the CI he cannot work them until he has clearance from the probationlparole officer and a judge. lnvestigator Pender said pre-trial intervention programs are not an issue for the unit. He stated, "I believe that's more, in my eyes, it's more of a general practice for the unit. I was always told that pre-trial release, any other court sanctions other than probation and parole are not frowned upon as far as them being utilized as a confidential informant." (Page 17: 1 9-23)

lnvestigator Pender said the Vice SOPs and General Orders do not address pretrial release. When asked if the Vice SOPs and General Orders address Drug Court, lnvestigator Pender advised they do not (Page 17:24- Page 18:4).

When asked what Drug Court is, lnvestigator Pender said, "To - - the best definition I can give it would be a diversion program for drug offenders that is offered by the courts and sanctioned by, I guess the state attorney's office and the judicial system itself. It offers them kind of a leniency on their charges, if they have drug charges against them. It's a leniency in a sentence. Rather than sentencing them for the crime, if they complete x, y, z steps, which would be, to my knowledge, it's meetings with a counselor, I believe, random urinalysis and maybe some fines that they have to pay. And if they complete those things in a timely manner, and they don't re-offend, then their charges are withheld." He continued, "very similar to misdemeanor diversion, except it can apply to felony charges - - drug court can apply to felony charges, whereas misdemeanor diversions only are for misdemeanors." (Page 18:5-24)

lnvestigator Pender said he discusses his potential confidential informants with his supervisor, Sergeant David Odom. He advised he may speak with his sergeant immediately about a CI or it could be a day or two, or a week later. "Potentially prior to using them," stated lnvestigator Pender (Page 22:4-6).

1.1. # 08-21 Page 75 of 199

TALLAHASSEE POLICE DEPARTMEN-r INTERNAL AFFAIRS UNIT

i

According to lnvestigator Pender, if a problem comes up with a CI, it is the responsibility of the investigator to inform his or her supervisor. He then advised a CI packet does not need to be signed off on before they are used. He then referred back to an earlier example of immediately "flipping" an arrestee to get their supplier. He said there is at least a verbal approval. He stated, "Typically, at least verbal. We won't - - I will put it this way, we would not use a confidential informant blindly. We would at least - - supervisors would have knowledge of that informant prior to us using them."

lnvestigator Pender advised all of the 24/25 rules in the CI packet are read and explained to a confidential informant. He was then asked how confidentiality is addressed to a CI? He answered, 'Typically my spiel, if you will, that I tell them is, the less that know, the better. Obviously in the world of drugs, word spreads pretty fast. So I tell them, you know, don't tell anybody. Don't tell your mom. Don't tell your dad. Don't tell your preacher. Don't tell anybody. It's an unrealistic request. But I make it just to give them kind of the impact of, you're confidential, let's keep it that way," (Page 30:9-16).

When asked to define substantial assistance, lnvestigator Pender srared, "It would be - - in that case it would be an arrestee or somebody that we have

I pending charges against, it would be their ability to provide us information or work - - and I mean work physically, going out and doing something - that would substantially - would create arrests of others that was substantially greater than theirs." (Page 33:20 - Page 34:3) lnvestigator Pender said he believes the sergeant makes the final decision on how the substantial assistance is applied to a confidential informant. He stated, "To my knowledge, it would be a sergeant. It could go higher than that. I know my responsibility would be to document what they've done, document their charges - - typically I do it on a Word document. I put the detainee or the arrestee, if you will, pending charges, a person's name up there, what we did, whether it was a search warrant of their house, a buylbust. I write down everything that we obtained from them ..." (Page 34:19- Page 35:4) lnvestigator Pender was unaware if the sergeants go higher in the chain of command for approval on how substantial assistance is applied.

When asked who has final approval on how a dealloperation is going to operate, lnvestigator advised the Chief of Police. He then explained that he gathers information from a confidential informant, followed by multiple documented telephone calls gathering information. "I would come up with an operation, whether it be a search warrant, buy-bust, controlled buy, buy-walk, all the different things that we can do, and do to it what I believe would best fit the scenario that they've portrayed, what they can and cannot do. At that point it would be documented on an operational plan. That operations plan would then go to my supervisor. I make five copies. It goes to the sergeant, the lieutenant,

I the captain, the deputy chief, and the chief. Those are the five copies I make. Whether it goes that high, I don't know. Those are the five copies we make,"

1.1. # 08-21 Page 76 of 199

TALLAHASSEE POLICE DEPARTMENT

! INTERNAL AFFAIRS U N I T

stated lnvestigator Pender, (Page 39:5 - 25). lnvestigator Pender said he gives the five copies to his sergeant. He does not know what the sergeant does with them. He stated, "I can tell you what we were told, why we make five copies, and that is for each level or branch in the chain," (Page 40:5-9).

lnvestigator Pender said he does not take a copy of an operational plan up the chain. After he gives his sergeant the five copies, he assumes the sergeant gives four copies to the lieutenant, and the lieutenant gives three copies to the captain and so forth until it reaches the Chief of Police. If a plan did not get approved he would not know at what level it was stopped unless he was told it was denied by the Chief, or denied by the lieutenant. If his sergeant has a problem with it, it may never see the lieutenant. If something needs to be corrected, he corrects it and he starts over again with five copies.

According to lnvestigator Pender, a confidential informant is allowed input with how an operation is to occur. He said they are not allowed to make "ultimate decisions." When asked who determines the location of a buylbust operation, he answered, 'We do as an agency, or the case agent, or I guess the chief, if it went all the way up to him and he approved it. It would be us," (Page 42:8-12). lnvestigator Pender said the confidential informant and the suspect do not select the buylbust location.

lnvestigator Pender believes he has operational plans.

written more tl han 40, but less than 75,

While discussing contingency plans, Investigator Pender advised, "...In buylbust I

scenarios, it always changes. I can say that very confidently. I can tell you from the time - - in COPP squad that we assisted Vice to the time I've been in Vice, I don't believe I've ever been on a buylbust operation where I've said we're going to do it just like that, and at the end of the day it happened just like that," (Page 47:21 - Page 48:2). He explained, "Because you're dealing with people and drug dealers. And they have their own intricacies, the way that they like to do things. You try to control that as much as you can. But typically - - even if you know what they like to do, and you set a plan to that, they're still going to change I

it, because it makes them feel like they're in control and makes them feel I comfortable. So a lot of times we allot that in operational plans. That's why we have contingencies in, we're going to ask the guy to go here, and we know he's going to change it. So this is what we do: We ask him to go here. Just in case he says okay, and he does it, here is a brief on this place. And when he say, no, I don't feel comfortable doing that, we say, let's go over here, and give him a second scenario. To be honest, I can give you ten contingencies, and most likely the I lm one is the one we're going to do it at. You can't control what their reaction is going to be to whatever your suggestions are," (Page 48:3-24).

J Investigator Pender was asked if the operation plan he gives to his sergeant has his signature on it. He advised they are "sometimes." "I can tell you on this

1.1. # 08-21 Page 77 of 199


case, I gave one of them that was signed at one point. But, again, it comes back, change this, add that, capitalize this word, you know, whatever the case may be it changes. And as it goes through, and you continuously print them out, a lot of times it gets redundant to keep signing it, or more accurately, it's not really the redundancy of it, it's the remembering to do it, because you're doing so many copies and handing out so many different ones, you will just forget to sign it," stated lnvestigator Pender, (Page 49:20 - Page 50:5).

lnvestigator Pender was told the copies of the operational plans provided to Internal Affairs for the April 22 and May 7 operations did not have signatures on them. When asked if there were signed copies somewhere, lnvestigator Pender advised there were not (Page 50: 6-12). He affirmed the reason there are no signed copies is because of the multiple drafts of the report he had to complete. When asked how the two operations were approved, lnvestigator Pender advised he received verbal approval.

According to lnvestigator Pender, typically everything in the briefing is discussed at the operational brieting. He advised the Vice lieutenant attends the briefings. The Captain rarely attends and the Deputy Chief and Chief never attend an operational briefing.

1 lnvestigator Pender said he does not typically put information about a confidential informant in his operational plans. He explained, "Confidentiality. Because a lot of times - - its just a byproduct of what we do. So when we're dealing with CIS a lot of times we don't tell other people who we're using, just out of habit, if you will, because we're so used to doing other things and not revealing that information, that it becomes a habit that you're just not going to reveal it. A lot of it is not pertinent to the operation, why they're there; how they got there to begin with. The key is how they know the person and why we're doing what we're doing,' (Page 52:8-18). lnvestigator Pender said he would add into the operational plan the things pertinent to the operation.

When asked if he discusses the confidential intormant at the briefing if "different issues" had come up with him or her. He advised he would "If it was pertinent to the operation itself." If it were not pertinent to the case he would not.

According to lnvestigator Pender, the participants in the operation have the opportunity to ask questions and after the briefing they should understand their role.

lnvestigator Pender said anyone involved in . stop the operation once it has begun.

the ope ias the authority to

lnvestigator Pender was asked when and how he first became aware of Ms. Rachel Hoffman. He advised he conducted a search warrant in 2007 and obtained a confidential informant who listed her as a person (who sold drugs) in

1.1. # 08-21 Page 78 of 199


town (Page 5419 - Page 55:l). lnvestigator Pender said he was very busy at the time and the confidential informant hadn't spoken to Ms. Hoffman in a while so it would have seemed odd for him to attempt contact. Ms. Hoffman came back into question after Officer Chris Pate was flagged down by a citizen about illegal drug activity occurring at Polo's on Park Apartments. According to lnvestigator Pender, Officer Pate did a preliminary background and discovered the person at Polo's on Park was Ms. Hoffman.

"At that time, I recognized her as one of my potentials from the past and told him, hey, I was actually working a CI that said he could buy from her. And, you know, I will work it for you. I will take the case. And since he did the preliminary work, I said, you can work it with me; you can assist me on it," stated lnvestigator Pender (Page 56:3-9). Officer Pate conducted a trash pull at Ms. Hoffman's residence and found items associated with drug sales.

lnvestigator Pender was asked to explain what happened when he served the search warrant at Ms. Hoffman's residence on April 17, 2008. He advised he and Officer Pate went to Ms. Hoffman's apartment to conduct surveillance. They were in lnvestigator Pender's unmarked police vehicle. Officer Pate was in a police uniform and lnvestigator Pender was in plain clothes. They discussed different tips they were given, whereas one person advised, "you can just smell it, a very strong odor." lnvestigator Pender said they decided he would get out of the car and walk upstairs to see if he could get plain smell. If he could, they would have enough for a search warrant. While Officer Pate stayed in the car, lnvestigator Pender walked toward Ms. Hoffman's apartment. He recalled, "As soon as I crested the third floor stairs, it just hit me like a ton of bricks. It was very strong odor of fresh cannabis. So I continued to walk down the hallway towards her apartment. At that time two subjects came out of her apartment. I acted like I was looking for an apartment, didn't know where I was, that whole thing, went back downstairs, told him - -" (Page 57:18-22).

lnvestigator Pender advised he did not see the two subjects who left the apartment carrying anything. He said he paid attention to that because he had received intelligence information about people showing up with duffel bags to her residence. After briefing Officer Pate with what he observed and smelled, lnvestigator Pender decided he would go and write the search warrant. COPP Squad Officers Jordan Larremore and Jason Newhouse were called to standby with Officer Pate to watch the apartment while lnvestigator Pender was gone.

lnvestigator Pender advised while at the police station writing up the search warrant, Ms. Hoffman exited her apartment and attempted to enter her vehicle. Officer Pate intercepted her and made contact based on the plain smell. She was detained. According to lnvestigator Pender, Ms. Hoffman confessed to lnvestigator Pate. He stated, "At that point he told me she confessed to having a bunch of cannabis in her home. I added that to the search warrant. Based on the plain smell, he said I had enough, but he signed the search warrant based on

1.1. # 08-21 Page 79 of 199


the totality of the PC (probable cause)," (Page 58:25 - Page 23.4). ~rlvesr~gator Pender advised Judge Shelfer signed the search warrant.

Prior to leaving to have the search warrant signed lnvestigator Pender made contact with the Vice personnel in the office (Corey Hale and Gary Watson) and told them he needed their help. He asked them to get the search warrant kit, which has evidence paperwork, gloves, a video camera, a digital camera, etc., and meet him at the target location. After the warrant was signed lnvestigator Pender called his officers and said it was signed. They then met at the target apartment.

When asked if he had adequate personnel present, lnvestigator Pender advised he did. When asked if there was a supervisor on scene, he answered, "I don't recall. I know there was at some point. I don't recall - -there was none on scene. There was not one at the search warrant. But as far as notifying, I don't recall exactly, yeah, I called, you know, Dave Odom at this time, and this is what he said. But I believe I did. I believe I contacted him and told him that, yes, we're going to do this search warrant, because typical protocol what we do, and I always do that," (Page 59:18 - Page 60:6).

lnvestigator Pender said an operational plan was not conducted for me search warrant, but the officers conducted a briefing before they went in. He stated, "Yes. And only because -the house was secure, based on her statements. But we always act as if there is the plus one rule, just in case there was somebody else, and she was not coming forth with the truth on that," (Page 60:10-16). According to lnvestigator Pender a sergeant is typically on scene of vice search warrants.

lnvestigator Pender affirmed drugs were found inside Ms. Hoffman's apartment. He stated, "She had six pink and purple pills, which turned out to be MDMA, ecstasy, found. I can give you all the different weights without adding them up; we had 79.75 grams, 22 grams, 49.38 grams, .57 grams, all that combined of cannabis, multiple items of paraphernalia, and three blue pills, which were later deemed Valium," (Page 62:21 - Page 63:5). lnvestigator Pender said the after- actionheturn sheet was turned back to the court making them aware of what was found during the search warrant. He said lnvestigator Corey Hale would have been the one to complete the form (Page 63:6-12).

lnvestigator Pender advised he interviewed Ms. Hoffman while at her apartment. Although the other officers were inside the home during the search warrant, he did not recall anyone close by while he formally interviewed her. The interview was not recorded. lnvestigator Pender said the interview was not recorded because it is discoverable by defense attorneys and because they don't want the information to be leaked out. He stated, "If she makes one person in that scenario, at that point we make charges against that person, it becomes discoverable, because it's a recorded document based on those charges. And

1.1. # 08-21 Page 80 of 199

TALLAHASSEE POLICE DEPARTMEL- m


now the other six people we're currently working cases on would then be brought up in court at somebody else's trial, which they would probably leave and go, hey, just so you know, give those people a phone call and ruin those potential cases. So that's why we don't record it," (Page 64:24 - Page 65:7).

lnvestigator Pender advised probable cause existed for Ms. Hoffman's arrest but, she was not arrested. He said she wasn't arrested because she was forthcoming with her information and expressed an interest in not getting into any more trouble. Ms. Hoffman reportedly told Officer Pate she was planning on leaving Tallahassee to pursue other endeavors. While she was being interviewed, Ms. Hoffman reportedly interrupted lnvestigator Pender multiple times advising she wanted to be a confidential informant (Page 66:20-25). He said she volunteered to be an informant but there is more to it. He explained, "1 would say, I offered it to her, only because she can't necessarily just volunteer and we go, okay, since she volunteered we're going to use her. There is more to it than you volunteering; it would have to be us allowing her to do that. I would have to say that I would have to offer it to her," (Page 71:7-14).

The options lnvestigator Pender said he gave to Ms. Hoffman were: 1) Be charged with what you have right now; we take you to jail, and you can answer to the courts, 2) Take your charges, go to court - - go to jail, bond out, and when

1 you bond out, call me, and we will work substantial assistance on that end, 3) Not be charged at this time, you know, do what 1 ask of you and stay that way until the very end, until we deem whatever that will be. and 4) ...y ou can get the guidance of an attorney. (Page 72:3-17)

When asked if an offense report was completed, lnvestigator Pender advised he completed a word document. He did not submit one to HTE (The Tallahassee Police Department's field base reporting system). He stated, "I do not submit it on HTE due to the confidentiality of that particular subject, whether it be her, her residence, whatever. Those things - - we've had people in the past - - people in the past that were employees here that we felt compromised some of our integrity as far as our cases," (Page 67:21 - Page 68:l).

lnvestigator Pender advised if a subject provides substantial assistance and the sergeant agrees it is enough to be considered substantial assistance, the case is closed and the charges are not formally filed.

lnvestigator Pender advised he keeps notes "11 IIIS cases. He was asked specifically if he took notes while working the case involving Ms. Hoffman. He said he did and could provide his notes if requested later.

lnvestigator Pender said he completed the confidential informant packet on Ms. Hoffman on April 18, 2008. He said he provided Ms. Hoffman with the

I opportunity of calling her attorney (Johnnie Devine) but Ms. Hoffman did not want to. He stated, "She told me at that time she did not want to call Johnny Devine,

1.1. # 08-21 Page 81 of 199


that she did not trust Johnny Devine, that he had made multiple passes at her friends and her, and some of her friends that I guess he had represented in the past, and none of them liked him or trusted him, and she didn't feel comfortable calling him. I asked her at that point, is there anybody else you would like to call, you know as far as do you want to try to obtain another one," (Page 73:4- 23). lnvestigator Pender said Ms. Hoffman did not wish to contact another attorney. She reportedly felt comfortable and trusted the investigators. She was then read her Miranda Rights for the second time. (Investigator Pender said Ms. Hoffman was read her Miranda Rights at the apartment during the search warrant).

According to lnvestigator Pender, Ms. Hoffman signed and' initialed the required documents in the CI packet. He said he also expressed'the importance of confidentiality with her. When asked if he told Ms. Hoffman not to speak to suspects (the several in this case) outside of his control or presence, lnvestigator Pender answered, "Yes. That's a general direction that we give. Not specifically to each one, but a general that we give," (Page 769-14).

lnvestigator Pender said he ran a background check on Ms. Hoffman prior to April 18,2008. When asked if Ms. Hoffman was employed, he said she was not employed at the time. "As a matter of fact, one of her statements post-Miranda was, this is my job, selling drugs. So that's how she made her money," recalled lnvestigator Pender (Page 76:21 - Page 77:2).

when asked if he did the standard background checks on Ms. Hoffman he conducts on potential informants, lnvestigator Pender advised he did. He answered, "Yeah, DL, FCICINCIC, local," (Page 77:3-5). He was then asked if the criminal docket was put in the CI packet that was given to Sergeant Odom. He asked for clarification, "Are you talking about the printout, FCICINCIC? Yes," (Page 77:6-9).

lnvestigator Pender said Ms. Hoffman told him she was participating in the drug court program. Her participation in the program was not a problem for him. When asked if he told his sergeant, David Odom, Ms. Hoffman was participating in the Drug Court program, he answered, 'Yes. 1 don't know at what point I did. If that comes up, I don't know. That's your answer. I don't know when I told him, but I know he was aware," (Page 77:19-24).

According to lnvestigator Pender, Ms. Hoffman's participation in the Drug Court program was not an issue. He said, "No. Because like I said, it was a general practice for the unit that we worked Cl's that were in Drug Court or pretrial release and things of that nature," (Page 78:2-5). lnvestigator Pender said he did not notify the State Attorney's Office and make them aware he wanted to use Ms. Hoffman has a Cl (Page 81:22-25). He advised he didn't because it is not something that his unit does. His unit addresses probation and parole status.

1.1. # 08-21 Page 82 of 199


lnvestigator Pender did not know if Sergeant Looney, Lieutenant White and Captain Connell were aware Ms. Hoffman was participating in the Drug Court Program. "I know that we briefed on many occasions. At one point we sat in Lieutenant White's office; that would have been myself, Lieutenant White, Captain Connell; it was either Looney or Odom; I don't recall which sergeant at the time. It might have been the day of the operation that we all sat in there. But we briefed on multiple occasions. And I know one of the issues (on the day in question the 7", 1 think it is?) Yeah, the day the day of the incident, we had to wait for her, because she had to go take a urinalysis for Drug Court. So whether or not that was discussed in a group setting of, hey, we have to wait until this time because she's doing these things, I know it was portrayed at least once, if not definitely more," (Page 78:22 - Page 79:l I ).

lnvestigator Pender advised Captain Connell, Lieutenant White and Sergeant Looney and he discussed how the operation was going to go. He said, "It was basically the gist of what we were doing, what her operational goal was for that day, what we were assigning, okay, this is the operational plan; this is what we want to do. I know I briefed them on a lot of her conversations with them on the phone, how we got to where we were, as far as from the last time we had a briefing, which was on the ~ 2 " ~ , to the controlled contact that we had with 0 m to phone calls from the e e t to now. That's pretty much it. It was basically updating where we're at, what's been said, what we're doing, and why we're doing it because of what's up to this point," (Page 80:13- Page 81 :2).

When asked when Sergeant Looney became involved in the operation, lnvestigator Pender advised it was on May 7, 2008.

When asked to explain what level drug dealer Ms. Hoffman was, lnvestigator Pender said she believed she was insignificant. He stated, "She felt that she was kind of insignificant, that she just helped her friends out getting some, as a matter of fact, free weed for her friends, free cannabis, and that she was kind of a mule, slash bookkeeper for a - - who she felt was a major drug dealer," (Page 87:2-12). He then advised what level he thought she was. "I felt that since she was participating with a major drug dealer, and actually conducting all the deals for him, that made her a major drug dealer," explained lnvestigator Pender (Page 87:13-16).

lnvestigator Pender advised Ms. Horrrnan named possibly four people in Tallahassee who were selling drugs and he attempted to develop leads on them. He was unable to go after her supplier because after it was learned her house had been "raided" he would not deal with her. That supplier was reportedly Tom Salinsky.

When asked h o w a m e into play, lnvestigator Pender advised was one of the people Ms. Hoffman had knowledge of selling drugs. He

q t e d , "Yeah. She never purchased drugs from m. actually purchased '

. ---

1.1. # 08-21 Page 83 of 199



drugs from h e r . d u r c h a s e d cannabis Pender was asked what the significance o drugs from Ms. Hoffman. He advised she had knowledge that sold drugs in

recalled past. "As a matter of

lnvestigator Pender advised Ms. Hoffman did not sell cocaine, she only dealt with cannabis. lnvestigator Pender said he did not get an explanation for the Valium present in her apartment. The MDMA and ecstasy she had at her apartment was reportedly purchased at the Suwannee River Music Festival. She purportedly told lnvestigator Pender she bought them to get them off the street because she did not like that type of drug. lnvestigator Pender agreed that sounded ridiculous, but said it did not seem ridiculous coming from Ms. Hoffman because she was a very "earthy" person. (Page 91 :12 - Page 92:lO).

he and Ms. Hoffman attempted to do a deal e advised he did. Ms. Hoffman made controlled phone

to bu MDMA f r o m lnvestigator Pender t h a t s a i d a lot of t to Ms. Hoffman,

which made larger dealer than what was. Investigator Pender classified has a middleman who would go and get drugs

someone seeking to buy (Pa not do the search warrant

a buylbust scenario. a dorm and it may not

Investigator Pender advised he discussed -th MS. Hoffman on April 18,2008, the same e in to do her pac et. When asked what occurred for the deal with o not work, Investigator Pender said he told Ms. Hoffman they would another day when- had the drugs and the Vice Unit had more time to do the deal.

lnvestiaator Pender said Ms. Hoffman called him on his work cell phone in the late eknin ours of A ril 18, 2008 and told him she had good ahd bad news.

had found out from friends that a search warrant had Apparently, been served at her resrdence. lnvestigator Pender advised he briefed Ms. Hoffman on how to handle the situation i f she were confronted, but instead of coming up with a quick explanation she choked and confessed her confidential informant status. He said, ke. Basically that's what she confessed to me that day, is listen, I choked alled me on it; I didn't know what to say, so I came clea I said, what do you mean you came clean? She said, well basically I t o l h , yeah, I'm trying to work for you guys so that I stay out of trouble, things like that. I said, that's not the ideal situation. I told you, you - - -

I should have-made something up," (Page The good news Ms. Hoffman had for Investigator Pender was as a friend of hers

1.1. # 08-21 Page 84 of 199

TALLAHASSEE POUCE DEPARTMENT INTERNAL AFFAIRS UNIT

and wanted to help her and meet wit nder. Investigator Pender said he told Ms. Hoffman to bring to the police station the fo~~~.i;ty~ the appointment scheduled and he would

When asked if he had any apprehension about continuing to use MS. Hoffman as a confidential informant after she revealed her CI status to - Investigator Pend "Yes and no. I did immediately - - right them. Once I interviewed Page 97:22 - Page 98:). When asked

xplain, Investigator WUb Pender did . W w a s very - - a team PI& if you will. &as very much an her side, f iW give me any signs tha ould have given that information out, because wanted to h I her, in the terms of

with multiple people in Tallahassee t h a t s k n e w that dealt drugs, and providinw that anted to not only provide that information, but actually physically do work to benefit her."

ender said he interviewed

there to t&

co-sig or bill and the other person auld get paid for working with

to pay his utility bill.

Investigator Pender said he told could work for either the financial assistance or to assist o man with the charges, it could not be both. He stated, "Basically, I told Y- hat I tell everybody that wants money and wants to get out of trouble is, it's one or the other. You cannot work for. us, and I pay you for the work that you do, as well as help you with charges. If you're here to help Rachel with her charges, then the work you do can help Rachel with her charges. If you're here to get paid for your w then you're going to get paid for your work. It's not going to be a dual act. h a i d he understood that. They began to discuss, you know, hey, I want - - I want to help you, but I also need the money. And they started discussing it. Well at this point we're in an interview, kind of like we are here today. We're in an interview, and I don't hav them to banter back and forth about why he's here. I was speaking t told them, listen, now is not the time for y'all to discuss it. You can discuss it whenever you leave. You can do whatever you want to do. But right now I need your attention; we need to talk about this," (Page 100:2).

Investigator ~ender's attention was directed to h' rt concerning the April 21, 2008 meeting with Ms. Hoffman and His report was read. He wrote. 'Hoffman an5egan!!!%they were going - --- .- -------.--

1.1. # 08-21 Page 85 of 199


I to work out the substantial assistance. I interrupted their conversation and explained that this was not something I needed to know at the time." lnvestigator Pender affirmed the statement. The report continued, "I directed them to work

time and let me know. I then interviewed T n the as familiar with selling illegal narcotics in the a a assee

verified that statement as well. When asked if assistance was to be credited to Ms. Hoffman, lnvestigator

. t on. I will answer that long unfortunately," (Page

102: 1-5).

Investigator Pender said he told -assistance would be one or the other (help Ms. Hoffman or financ~a assistance). "In the part of the report where I wrote that this is not the time to di it, we'will worry about that later, the way'l explained that to them is, I s a i d , m his is the way it's going to work, not for you guys to discuss it now and us to figure it all out. It is, if you walk in the door today and say, okay, we're going to do - - go down the list of guys. We're going to do this guy, and we're going to ihoot control calls, do this buy, and it all works out, and we get another case, before we do anything, when you walk in the door, before, we make the first phone call I'm going to ask you, what are you here for? Are you here for financial gain, or'are you her for Rachel's charges? And I said; whatever that is for that day, whatever your plan is, your goal, that's

J what we will do. I said, but you cah't do both. You can't do the deal and then a week later go, hey, by the way, I wanted that for I've credited it towards ,her charges. That's the way I portrayed it to I said that's not something we needed to figure out toda " stated Pender (Page 102:6 - 103:3). lnvestigator Pender' said-hose to work for Ms. Hoffman.

Investigator P e w a i d Ms. Hoffman and-were not dir 1 her paying him for ssistanc Wing toward her were trying to figure out wh& as there, to help her or help

lnvestigator Pender was then asked if Ms. Hoffman was going to pa for helping her. He answered, "I found out after the fact that she wasn't necessarily for - - I take that back. That's kind of a leadin

I d i d not necessarily pay her to - she did not necessarily pay o work for her. She portrayed that to me later on - t h a t m had already done the deal, a deal for us with a subject. .. In that case, once it was completed d already told me during that day, well this is for Rachel's charges and all that. She actually called me and wanted to charges, because she was very concerned. I told her it was, tha Id me it was. She said, okay, good. Just so you know - thing - - my

gave me money, and I so I don't think I a going to need to get oing to be doing it for

that. That was up to you. ---- ---- - . --

1.1. # 08-21 Page 86 of 199


to help me. It was h e l p e d a s a friend, paid off w d e b t for o we kind of took care issue about wanting to get paid. And I said

105:4 - Page 106:9).

lnvestigator ~ e n d e r was asked if Sergeant Odom w aware, Ms. Hoffman had revealed her confidential informant status t o He answered, "Yes."

When asked if Sergeant Odom had issues with her continuing as a confidential informant, he responded, "Yeah, originall I ean - because it sounds bad, if you just say i By the way, she told the we were setting up yesterday we we're setting 4 p. That's kind of out of v t e scope of what we normally deal with. But then reiterated to him, she was forthcoming, called me immediately thereafter. She was honest about it. She didn't try to withhold that information from me and things like that. So he was on the same page I was and that it was still adequate to use her," (Page 106:14 - Page 107:5).

lnvestigator Pender said he was unaware if Sergeant Odom tolc supervisors Ms. Hoffman revealed her confidential informant status.

For clarification affirmed that during the meeting he had with Ms. Hoffman and it was a conversation between the two of them

I on whether or her or to receive financial assistance.

nder was told the question (issue) is whether or not Rachel was paying Investi@& and whether or not he was aware of it. He responded, "I understand. And it's hard to say no, because it sounds like that's what they did. But the only way I can really explain it is if you had a friend or a family member that was in trouble and you wanted to help them, but you needed help yourself, and they could help you, and you could help them. It wasn't so much that, I'm only going to help you if yow help me. It was more of, well, I need help, and you need help, so we're going to help each other. See what I'm saying?" (Page 1 10:9-23).

'Were . . L - L - -

Investigator Pender was Ll asked, ' you approving of one contide informant to pay another one for the su~srantial assistance to be sought?" He replied, "Not in that realm, no. Not in that capacity,, not if it was - -," Page (1 11:2- 6).

lnvestigator Pender was directed back to his offense report (page 8 of 14) which read, "On April 24, 2008, met with investigators at the Tallahassee Police Department, vice an narco ics office to 'attempt controlled calls to the black male known to .him as Flea.. .. (Investigator Pender agreed and said Flea was Octavius Martin. The report reading continued) ..:These phone calls led to a

I 'buylbust operation conducted at 1001 Ocala Road on the same date. See also case number 2008-13480. This case was counted toward Hoffman's substantial

1.1. # 08-21 Page 87 of 199


assistance. During this contact advisea t h a t m a n d Hoffmin made the arrangements that she would give - oney, and the substantial assistance

provided this office would her charges." Investigator Pender Esponded, "Yeah. That's poorly articulated. But, yeah, that's what I meant by - - all the things that I just explained without having six sent nces or six paragraphs abou what that meant. But, yes, it was the deal t h a t d i d n ' t need to - - it was mor have me the, I don't need to make the money, because she paid my debt for me. It wasn't, I don't need you to pay me: I'm doing this for Rachel, because she paid me to do it. It was more, she paid my debt, so I don't need my money now. See what I'm saying? You make@ sound so dirty, like it was this dirty deal that they idid on the side. It wasn't that way," (Page 11 1 :21 - Page 1 12:25).

lnvestigator Davis told lnvestigator Pender she only wanted it clear tor the record. He then stated, "I know. I'm just saying that's what it was. It was more, she took care of my financial responsibilities, so I don't need the money. I'm doing this solely for Rachel. That's why I'm here," (Page 1 13:l-5).

When asked if he told Sergeant Odom about what transpired and their financial arrangement, lnvestigator Pender advised he did. He was then asked what Sergeant Odom said, he stated, "Okay, as far as I remember, I think it was just kind of a briefing, hey, this is where we're at, and he said okay. I don't know if we went into it anymore than that, but -," (Page 11 3:6 - 14).

lnvestigator Pender was asked what type of person Ms. Hoffman was. He advised she was a very intelligent person. "Like I said, I mean, she graduated from FSU. She had a degree. She was very friendly. She was very forthcoming with information. I think that goes for everybody. Very much so to me, 1 felt. She was very honest with where the illegal drugs that she obtained came from, her involvement in selling illegal drugs. She gave me more than what I had on her, which is a good sign that somebody is being truthful ...I1 said lnvestigator Pender (Page 1 14: 1 1-25). '

lnvestigator Pender said Ms. Hoffman did not say or do anything, that would lead him to believe she was incapable of doing an operation. He stated, "No, just the opposite. She was very competent. And her street slang of drug terms used in I

doing deals, she was very, very good at discussing those over the phone, using 1 slang, using shortened sentences, the things that they do, different slang for not only drugs, but money, very good at numbers. As far as her education goes, she was very good at math. You could give her numbers, and she could do them in her head rather than writindthem dofln on paper. So she was very quick to write down amounts. If you gave her a price per drug, she could tell you how much she was going to pay on a total package, if it was five pills or 100 pills or 1,000 pills or 1250 pills. It didn't matter what the number or mixture was, she was pretty quick with ! was very intelligent when it came to that. But very, very

1.1. # 08-21 Page 88 of 199



- - I have to stress that - very well versed when it comes to street slang and talking the dope game," (Page 1 15:17-Page 11 6:11).

lnvestigator Pender believed Ms. Hoffman was competent and when he compared her to other confidential informants he stated, "Because I deal with a lot of *Clls, she was one of the better ones at talking the game and being involved."

lnvestigator

did not know

sold guns, that they sold - they obtained rims from M they were selling out of the business up there at whatever it is, and that they were u s i n g a money laundering scheme, that they were just bad dudes, as far as everything they did was a

1 criminal thing. That's what I mean by 'bad', not like they were mean or aggressive or scary, just bad as in they didn't do anything legitimate. That's the waymportrayed them," (Page 1 18:10 - Page 1 19:2).

Investigator Pender said he asked a series of question about his relationship/involvement with to know how ofien bought from him, how much o u g h t , etc. '&Then it came down to they left. And approximately an hour or two after they had left, Rachel had called me and told me that she actually met them, and that it was actually a good thing, because she had already known them. The way she knew them is when she returned from the music festival in Suwannee County that her car was filthy from being out in the mud, all that crap, whatever they did out there, and it wreaked of cannabis from all the stuff she brought over there that they were smoking during the festival," said lnvestigator Pender (Page 11 9:22 - Page 120:6). Accordin to lnvestigator P der Ms Hoffman told him when she got her car detailed the she met with-

'L, as the same person who cleaned her car and they had

actually already met. During the first time they met, r e p o r t e d l y commented on how good her car smelled and the fact that he wanted to get some of "it" from her.

Investigator an-eft the police station, "The way it wa ortrayed

in the car, flagged 1 Rachel to pull in. They pull into the parking lot and at p d o w n p at point actually

introduces Rachel n d says, hey, you know, he's like, yeah, I know her, to

1.1. # 08-21 Page 89 of 199


the point they actually - they hugged or shook hands or something. And that conversation led to well, you know, she's looking. Are you cool with her? And he said, yeah, I'm cool with her. And they actually exchanged phone numbers. So that was Rachel's introduction to them. And actually Rachel's way in was that at that point she didn't n e e d anymore to discuss those things; she had number a n d approval to call him," said lnvestigator Pender (Page 120: 19 - Page 121 : 1 0).

icemed about Ms. Hoffman and knowledge, lnvestigator said they could have discussed things that were very

incriminating and he was not privy to them. He said he could have captured evidence through audio recordings, but since he was not there he was unable to. "But as far as them going and making that contact? There was no real concern for me at that time, because I believe, like I said, that they both had' the right intention, that they were both there to make the cases for Rachel's benefit," (Page 121:16 - Page 122:6).

lnvestigator Pender said he did not care whether Ms. Hoffman o r d i d the deal with -he was concerned about having sufficient PC to arrest.

Pender said he did not direct Ms. Hoffman and to go to He said they did that all on their own. (Page 122: 2

When asked why he continued to use Ms. Hoffman after she and- met with-out of his control. lnvestigator Pender stated, "1 didn't feel that that was something to dismiss their CI status. The only direction that I had given them prior to that was, don't go meet or call drug dealers that you potentially are going to make cases against and make deal with them. From what they told me, I didn't necessarily believe it right off. 1 actually questioned her about it, was that it, was just a chance encounter, you know, that they didn't drive straight over there to talk to him, to make the case. So I asked. I said, it's kind of funny you leave here, and immediately after you et done talking about into him. She said no, no, no, he s a w b i n my car and flagge own, so that's why we pulled in. Could that have been a lie? Yes. Had my knowiedge'at this point? No. So there was that issue. The other issue is, is they have to do - - at some point they have to do these meetings without our presence. We frown upon it. We tell them, try not to. But there are a lot of encounters, whether physical or phone, that they're going to have with the people they're dealing with that we can't control," (Page 123:l- Page 124:2).

lnvestigator Pender was asked what assurance did he have that Ms. Hoffman told him everything that occurred at the meeting. He said, "The assurance I could have, and that was based on her story and his story of what occurred,"

I (Pagel25: 3-6). Investigator Pender did not have knowledge of M4. Hoffman, or -setting up a deal outside of his presence. He said the way he

1.1. # 08-21 Page 90 of 199


could tell an outside deal was not conducted was because of the telephone calls that were made later. "They did discuss things like what she was looking for, but not how much, which is okay, by our standards, because if you don't go out there to find it, you're never going to find it ...," stated lnvestigator Pender (Page 125:9- 19).

When asked if he trusted Ms. Hoffman, lnvestigator Pender advised he did. He advised, "Like I told you before, she was very honest with me, forthcoming at her house, as far as her dealings in the drug world, what she was doing and what was in her touse. Prior to the search warrant even getting there she told Officer Pate, I haie drugs in my house. I mean, all intents and purposes, she, at that point, to my knowledge, had been truthful of everything, including things that were bad for her, things that weren't going to help her; they would only hurt her, she was forthcoming," (Page 126:11-24). lnvestigator Pender was asked if other than being forthcoming had Ms. Hoffman done any operations or anything that checked out. He advised it was her word and the phone calls she made.

Investigator Pender his sergeant, David Odom about Ms. Hoffman's meeting with - He said Sergeant Odom had concerns, "like a He would look at the scenario and say, whoa, you mean she called the guy that she was going to set up yesterday and told him that she was working with the police? Then I would Have to explain it to :him, no, thdt's not what happened. He called her and called her on it. And she is just I guess either too honest with her friends, or she wasn't good under pressure or what the case was in that scenario. But she couldn't come up With a lie, and she ended up telling him the truth. In this scenario, it didn't hurt her. In the grand scheme overall, who does it hurt? It doesn't necessarily hurt us. If she can't work, can't do the job, we just charge her. We say, you attempted it, and you did this," said lnvestigator Pender (Page128:15 - Page 129:4).

lnvestigator Pender was told Sergeant Odom signed off Ms. Hoffman's confidential informant packet on April 28, 2008. He was then asked why it was signed off on so many days after the CI packet was completed (April 18, 2008). He advised he could not answer that question. He then confirmed the first operation involving Ms. Hoffman was set up for April 22, 2008. When asked if Ms. Hoffman was used as a Cl prior to being approved by Sergeant Odom, lnvestigator Pender answered negative. He stated, "No. I mean, I was trying to think. You said he signed off on the 28'h. No, to my knowledge it was approved. Again, it's not a formality. It's not a formal meeting where it's a formal statement of, okay, he comes in my cube and calls me in his office and says, just so you know, Rachel Hoffman is now (an) approved CI to be utilized. It's here is (sic) the information. He does what he does. Then I get information from a CI or potential CI at this point 1 guess. And I say, okay, here is an ops plan, and I hand it to him. He either approves it or doesn't approve it. If she wasn't approved, I'm assuming the ops plan wouldn't be approved. We're not using her. The fact that he would

- - -

1.1. # 08-21 Page 91 of 199


approve it would lead me to believe she was approved," (Page 131:16 - Page 132:17).

lnvestigator Pender advised Sergeant Odom was present for the April 22, 2008 operation and a member of arrest team #I. He concurred that if Sergeant Odom was present and participating in the operation, he approved of the operation.

lnvestigator Pender advised the April 22, 2008 operation was designed to go at Ms. Hoffman was to drive into one of

the vehicle work bays and the deal would take place inside. When Ms. Hoffman reportedly expressed concern to m a b o u t doing the deal out in the open he, according to lnvestigator Pender told her, "It's nothing; we do it all the time. We just pull into a bay, act like we're doing work on you car. We do the deal, and we're done," (Page 133:15-I 7). lnvestigator Pender stated, "since he was so comfortable with that, and it was an ideal location for us, as far as open, concrete building, things of that nature, we utilized that as a location to do the buylbust for the 22"," (Page 133:20-23).

lnvestigator Pender's attentitj'n wa drawn back to the meeting with Ms. Hoffman, - a n d w a d a t d . He was asked if a deal was worked out during tha mee rng. lnvestigator Pender advised they did not. lnvestigator

1 ~ender said he asked Ms. Hoffman if they discussed drugs and she told-him, "yeah obviously." According to lnvestigator Pender, Ms. Hoffman did not 'say what she was looking to purchase or the amounts. Which he was able to verify during the controlled calls. He stated, "The only thing they did discuss outside of necessarily MDMA or cocaine or cannabis or whatever it was that she was going to buy from him was a gun. And the reason that came up is because - - the only reason I know this is because she referred to it as those pictures you showed me. And 1 believe that he showed her pictures of guns," (Page 135:14-20). lnvestigator Pender said Ms. Hoffman may have told him how the conversation of guns came up but he did not recall.

lnvestigator Pender said he completed an operational plan and there was a briefing. He did not recall what he said about Ms. Hoffman at the briefing.

When asked what steps he took to identify the suspect,-, lnvesti ator Pender recalled, "On this occasion, I did multiple hours of surveillance at also conducted - - durin

& I rveillance, obtained multiple tag numbers, ran all

the tag numbers throug rough DAVID, to try to come back. Anybody that was linked to that, I ran tag numbers, the registered owner of those tag numbers to see if - it was a white female who wned the car, it didn't necessarily mean that she wasn't linked to him. So I ran see if they had any history of anything in our system that would link them to that. I did a

license search to find out what was licensed to own that business. I ran ! n that person. I ran a t h n that person. I ran every relative

that I could find on at person to try to identify him, and I wasn't able

1.1. # 08-21 Page 92 of 199


to. I actually pulled multiple pictures of black male wlu me rough age range that she gave me of the description of -and gave me; they both gave me a description of him, and printed those out and showed her pictures ..." (Page 1383 1 - Page 139:9).

lnvestigator Pender advised Ms. Hoffman was unable to verify the identity of- through any of the pictures he showed her. lnvestigator Pender was told Vice SOP (Standard Operation Procedures) 10-1 states, "every reasonable effort must be made to ensure that any person identified as being involved in drug trafficking activity be identified as fully and accurately as possible." He was then asked if he made every reasonable effort to identify the suspect know as ' w He answered, "Yes, including taking a photograph of him while doing surveillance and providing that at the briefing to say, it's not a great picture; it's from a distance, but this is him, according to clothing description, more importantly his hat," (Page 1 39:24 - Page 140: 1 2).

lnvestigator Pender passed his caselfile folder to lnvestigator Davis and showed him a photograph of a person he believed wa-t the time. (The photograph in his file was a lot clearer than the photograph provided to Internal Affairs for the purpose of this investigation). He stated, "That's the picture I was talking about with- As you can see, there is no way you can tell facial features from that photograph. It's from 200, 300 yards away when I took the picture. I zoomed in as best as I could with the camera," (page 141:4-14).

lnvestigator Pender said the April 22, 2008 operation did not go because "kept putting us off, saying he had to get with a supplier that was running late to get to town." "It got to the point where it just wasn't - - it wasn't in our best interest to wait any longer as far as the personnel that we were holding at that time to conduct the operation," said lnvestigator Pender (Page 141:17-25). "Typically we don't wait forever just because, in the drug world, people don't wait like that forever. So you have to try to keep it as natural as you can. And it was well beyond that comfort level, as far as, okay, well, that's a reasonable amount of time for him to get it. We should be able to do the deal. When that clidn't

happen we called it," said Investigator I (Page 142:2-9).

When asked what happened with Ms. Hottman between April 22, 2008 and May 7, 2008 with Ms. Hoffman, lnvestigator Pender advised phone calls. He stated, "Just phone calls. She had told me, you know, that - - for sometime in the few days that - had not contacted her. I told her that was fine, not to contact him. I wanted it to be more of a - - I wanted her to stay in control. The way I had that played out is because of the back story that we had developed," (Page 10-19). lnvestigator Pender was asked to explain what he meant by "in control". He advised he wanted her to stay in control of their relationship, the relationship between-and Rachel. He did not mean in control of the operation or deal.

-----.------ - - 1.1. # 08-21

Page 93 of 199


lnvestigator Pender was asked h o w 4 ! ! 1 became involved. He advised, when -made contact with Ms. Hoffman he apologized for not being able to come through with the deal. Ms. Hoffman reportedly told him he had made her look stupid with her Miami supplier (which was the cover story lnvestigator Pender told her to say). Ms. Hoffman and-did not speak for a few days.

On May 5, 2008, Ms. Hoffman went to the police station and with the assistance of lnvestigator Pender and lnvestigator Kevin Miller, controlled telephone contacts were attempted with lnvestigator Pender stated, "She attempted to contact-by several different numbers that she had for him on several different attempts for each number. He failed to answer on all of them. Some of the phones were turned off. Some of the phones ran out of minutes; they were prepaid. Some of the phones just went to voice mail," (Page 145:4-11).

lnvestigator Pender said after failed attempts to cell phones, they decided to call the business because they had success in the past calling the business and r e a c h i n g m there. When Ms. Hoffman called the business she was told

was not there. The person at-ho answered the telephone was reportedly short with her. According to lnvestigator Pender Ms. Hoffman believed if she went to- and- was there he would speak with her. After discussing it with lnvestigator Miller, lnvestigator Pender thought it was worth a try. They put a wire on Ms. Hoffman, got a safety and a wire team together and followed her over there to do what they call a "dry meet" which means no money or drugs involved. They followed Ms. Hoffman to- When she gets there a male now known as -approaches her immediately. lnvestigator Pender stated, "...He recognizes her immediately. You can tell by the conversation she's trying to introduce herself and he's like, yeah, li know who you are. He already knew who she was," (Page 151:9-13).

lnvestigator Pender said Ms. Hoffman started explainin the deal she made with to , who identified himself as db brother. Investigator

Pender said-portrayed that he was the "big man" and going to facilitate the deal, and it's his deal. The meeting with Ms. Hoffman and- a s t e d approximately thirty minutes.

When asked if he believed m a s out of the picture based on the conversation Ms. Hoffman had w i t h He advised he did not because they were brothers. "...They claim that they do all of their business together, they kind of work as a team. I assumed that-was still in the picture. But maybe since he was the one out in the open, up front, because typically in the drug game, if you have a known dual party selling group, where they sell together, they guy that's out in the open, the guy that does all the talking is typically the lower man on the pole. The guy that really doesn't talk is the higher man. So I thought maybe that was the hierarchy here," stated lnvestigator Pender (Page 1 52:3- 1 9). ------- ---.---.. .-.- -- -. ----.--. --- -"---- ------- .---

1.1. # 08-21 Page 94 of 199


After the "dry meet", Ms. Hoffman was debriefed. She reportedly told lnvestigator Pender-was nice and she felt comfortable with him.

According to lnvestigator Pender, Ms. Hoffman called him later that night and advised, "He called me and said he's got it, got the drugs. I said, well, we're not doing it. Just tell him your guys aren't in town until Tuesday 1 think it was, and we will go from there, and kind of put him off. I forget what days these are. Couple days, my guys will be back in a couple days. When I get the money, we will do the deal," recalled lnvestigator Pender (Page 153:l-6).

lnvestigator Pender's attention was directed back to his offense report. lnvestigator Davis stated, "You wrote, Hoffman stated -told her. that he had all the items she was requesting. Hoffman told that she was waiting on her friends to bring the money to her and that he would have to wait until the following day. This phone call was again out of my presence and not controlled. During this phone conversation I also advised Hoffman I would not be able to conduct the operation on this date. I told Hoffman that we would have to plan the deal - - plan to do the operation on May 7, 2008." lnvestigator Davis stated, "According to Vice SOP 10, 6, 4, if possible, the informant should not make prior arrangements for the transaction, location, method of exchange, price, etcetera,

1 and not make any commitments you would not be able to keep. When asked if he were concerned about Ms. Hoffman setting up potential deals and having conversations outside of his control and without his knowledge, lnvestigator Pender answered, "No." (Page 153: 10- Page 154:5).

When asked if he were concerned that Ms. Hoffman could have said something to tip off a n d ( _ ! & that she was working with the police like she did with Investigator Pender replied, "No, No, No."

When asked if he had any way of knowing whether or not -and were capable of producing the amount of product requested, lnvestigator Pender stated, "Not for sure unless they brought it to the deal. That's - - that's just the nature of the beast. You go off of - - a lot of times you go off of their confidence level in the game they're talking. You go off the numbers they give you, price per pill, price per ounce, price per what ding on what you' dealing in. From the information I received from , as far as the dea * ad done in the past, as far as the prices they s per pill for the MD A, and as far as their back-story where it was coming from, which was somewhere in Georgia, which I believed was Atlanta, just because it's a source city, that it was all in order for them to be able to do those deals, otherwise li would have never done those deals," (Page 154:12 Page 155:5).

lnvestigator Pender was asked what product was being sought in the April 22, I 2008 operation. He answered, "MDMA and cocaine, and the potential to view a

gun, I believe, It was - - and the only reason I say "potential" is because they

1 .1 . #08-21 Page 95 of 199


never discussed - - to my recollection, they may have, if we go back through the notes, I might find something. But to my recollection, I don't remember them specifically saying - and it could have been that deal; it may have been the 7'h- . But either way, I don't remember which deal it was where they actually said, these are the two guns that I can sell you. I know prior to one deal it was, well, what do you want? Do you want an assault rifle or a handgun? She said, I'm a girl. I just want something small to protect myself because I've been home invaded, because she had been robbed at her house twice and tied up and that whole thing. Obviously people knew she was in the drug game and came and robbed her for that (Page 155:6-24).

lnvestigator Pender agreed the first deal was for MDMA, Cocaine and possibly a firearm. She was not seeking cannabis because she was a cannabis dealer. He advised there was the possibility of a gun. He recalled him showing her pictures of a gun but never a commitment. lnvestigator Pender was shown a copy of the April 22, 2008 operations plan, which did not have firearm checked off. He then stated, "I don't know, because it's - - it's not checked off in here."

lnvestigator Pender was asked if he asked Ms. Hoffman to seek the purchase of a gun to increase her substantial assistance. He answered, "No." He was then asked if he was concerned that the operation (after the.l l l l l )dry meet)

I would now contain two suspects. He advised he was concerned because there was the chance they (the two suspects) could both show up.

lnvestigator Pender was asked if the May 7Ih operation was a buylbust or a controlled buy. He advised it was a buyhust. He was then asked to explain what they are and the differences. He stated, "A buylbust would be a buy where a CI, UC (undercover) somebody in that capacity working in law enforcement would make contact with a suspect to purchase, typically in buylbust scenarios, a large amount of illegal drugs, and where they are arrested on scene when they arrive. Depending 'on the actual scenario itself could determine whether it was when they arrived or when the drugs actually seen by that entity working for law enforcement." " A controlled buy would be typically from a residence. You can do it from vehicles as well, where you have a known suspect, where you would purchase - you would do the same thing as a buylbust, but instead of arresting them on scene, you would let them leave and arrest them on a later date," (Page 158:15 - Page 159: 10).

lnvestigator Pender was told the operational plan for May 7th listed the operation as a buylbust. He then affirmed it was a buy bust operation. When asked if flash money is used in a controlled buy, he advised it is not. He said buy money is used in a controlled buy.

He was then asked how confidential informanla d~t; dsed in buy-bust operations 1 according to SOP. He answered, "If it's the one I think you're referring to, it says

that you should attempt to utilize them as an introduction to a UC (undercover

1.1. # 08-21 Page 96 of 19!


officer)," (Page 159:23 - Page 160:4). He then advised that doesn't occur in all

CI that's - - the potential would be two reasons; one, they don't feel comfortable doing it. It makes them act out of character," (Page 160:2-21).

in controlof the operation. He introduced Ms. Hoffman Hale and Kevin Miller to see if she would be comfortabl

-she reportedly told lnvestigator Pender ou o c arac er.

When asked if he was allowing Ms. Hoffman to control the situation, he responded, "No. I don't believe so. Because I could.have still said, we're not doing it without them. I didn't think it was a necessity to do that," (Page 162:21- 24).

lnvestigator Pender was asked if flasn money is ever out of the investigator's control in a buylbust operation. He replied, "Yes and no. Because - - and this is kind of where it gets into the ops phn. I document it as flash money. It was not deemed and used as flash money. Flash money is where you do use a UC, and your CI is there doing the deal. They don't have any money on them. And they say, well, do you have the drugs? Do you have the money? I have to make a phone call. The money is here, but I don't have it with me. My guy has it. You do like a parking lot deal where the guy pulls up in a car; the UC pulls up in a car, opens the trunk, opens the duffel bag, shuts the trunk and drives off and goes okay, my money is here, where is you drugs. That would be a flash," (Page 164:7-25). He continued, "So it's documented in my ops plan as flash money, and that was just me typing, doing 100 different things and documenting it as

1.1. # 08-21 Page 97 of 199

TALLAHASSEE POLICE DEPARTME11 I INTERNAL AFFAIRS UNIT

flash, because are you flashing it? In a sense you are. You're not really giving it to him to go and invest in any sneakers. You're just showing it to him, handing it to him, letting him count it, and we're taking him down before that money can go anywhere. It's really buy money and not flash money," (Page 1658-16).

lnvestigator Pender was told the word "flash money" is being used because it's the word he wrote in his operational plan. He understood. He was then asked if flash money is ever turned over to a suspect Sn a buylbust operation. He said it

lnvestigator Pender was told, Vice SOP states, the investigator shall make every effort to reduce the informant's role in a case to that of merely making the introduction. He was then asked how often confidential informants are used alone in buylbust operations. He said they do often and the practice has been in place ever since he's been doing them.

lnvestigator Pender was told Vice SOP 7 states the informant must be under observation until the point he or she enters the location where the transaction is to occur. He was then asked if it were clear in the operational plan who had the duty of watching Ms. Hoffman. He advised the operational plan did not specify who had that duty. He said he deemed the monitoring team responsible for keeping eyes on Ms. Hoffman. "It's not written that monitor team will keep eyes. But that was briefed on, that this is your role; this is your assignment; this is what team you belong to, and this is what you will do," explained lnvestigator Pender (Page 168: 17-21).

) According to Investigator Pender the suspect -was not identified at the time of the May 7, 2008 operation. He was identified after the operation. lnvestigator

1.1. # 08-21 Page 98 of 199


Pender said he continued to try and identify (.)after the April 22, 2008 operation. He said, "I believed I continued doing the same things, as far as surveillance. I think I went out there one more time and attempted to make more tag contacts as far as viewing vehicles, potentially, you know, making a contact of some sort and I was unable to," (Page 169:7-13).

lnvestigator Pender said the suspec~-as identified at the time of the operation.

lnvestigator Pender affirmed, to his knowledge Sergeant Looney became involved with the operation on May 7, 2008.

When asked if anyone assisted him with the preparation of the May 7th operation, lnvestigator Pender said Investigators Vincent Boccio and Kevin Miller assisted him by taking photographs of the (-&address and the nursery. lnvestigator Boccio also helped him by rulin out an address on Coldstream Drive as being associated with suspect d lnvestigator Pender said he met with Sergeant Looney, Lieutenant White and Captain Connell in Lieutenant White's ofice and discussed what he had and what he wanted to do with the operation. He

) suspects wanting to do the deal at the house and not a ; locating the house, writing the anticipatory search warrant warrant approved and signed, getting photographs etc.

lnvestigator Pender said Ms. Hoffman never asked the suspects 0 where their house was. He said it is very typical for a suspect not to give an address.

lnvestigator Pender was asked why he was informing Sergeant Looney and not his sergeant, David Odom. He replied, "He was not at work. I don't know exactly - - I know that he was doing some schools and teaching. I know he trains. I'm not sure exactly what those schools and what the training was involved. But I know he was out a lot for that stuff," (Page 173:25 - Page 174:7).

lnvestigator Pender said there were a lot of questions asked of him during the meeting with Sergeant Looney, Lieutenant White and Captain Connell. He said the questions he did not have answers for he was told to find the answers. One of the things he was told to get was a photograph of the house. lnvestigator Pender said they didn't have to tell him the operation would not go if he could not get them the answers to their questions. He said it's a given.

When asked specifically what he told them during the meeting, lnvestigator Pender said he did not recall. He advised he updated them from the point of the April 22, 2008 operation because they were already briefed about what occurred before the April 22, 2008 operation. "... I briefed them on the controlled meet and

-

1.1. # 08-21 Page 99 of 199


greet with the contacts that were made, phone calls and text messages she relayed to me, things of that nature, any other controlled calls we made, those were the things I caught up on," stated lnvestigator Pender.

lnvestigator Pender was asked if Sergeant Looney, Lieutenant White and were aware Ms. Hoffman revealed her confidentiality status to

He replied, "I do not know. These are things that I know I relayed hether he relayed it or not, I don't know," (Page 176:l-7).

, - lnvestigator Pender said he did not discuss the revealing of her CI status at the briefing with the supervisors on May 7, 2008.

lnvestigator Pender was told the operational plan listed lnvestigator Chris Corbitt as being apart of the monitoring team. He advised lnvestigator Corbitt was supposed to be there but between the time he wrote the plan and conducted the briefing he learned he would not be able to make it. When asked if lnvestigator Corbitt's inability to be present interfered with the operation running smoothly, lnvestigator Pender said it did not. "...He trained me on the function of that equipment, and I utilized it many times, many, many times, weed and seeds, other people's buys, other buylbusts, other - - you know, everything that we do using that equipment, I have been typically the monitoring unit for some time in that unit, as far as the vice unit goes, unless I was needed for undercover capacity. Typically, I was either - - in most buylwalks, from the time I was trained by Corbitt, due to my vehicle, I was either a block vehicle and monitoring unit or just monitoring unit," stated lnvestigator Pender (Page 177:20 - Page 178:ll).

lnvestigator Pender said the operation did not require three people to assist with the monitoring of Ms. Hoffman. He assigned three people because of the overage of personnel due to Officer Pate's involvement.

When asked what training he had on the surveillance equipment, lnvestigator Pender advised, "Corbitt put out a list of what he called super users. In that training we sat for, I couldn't tell you how many hours, and went through Power Point presentations on the function of the equipment, how it works, the intricacies of it, proper placement of it, how to set it up, even a little troubleshooting, not as good as he is, by any means, but if there are issues, things to address, things to tweak to make it work better, things of that nature," (Page 179:3-12).

According to Investigator Pender the Vice Unit has a GPS tracking device. He said it wis not used on Ms. Hoffman's vehicle because from hi never been utilized for the purpose of a buylbust operation.

lnvestigator Pender's attention was directed back to the operational plan, which has check boxes for the Watch Commanders of TPD and the Leon County Sheriffs Office and the Communications Section to be notified. lnvestigator

1.1. # 08-21 Page 100 of 199


Pender could not say if those contacts were made. 1 that is e of a supervisor.

lnvestigator Pender was asked if the purchase of the firearm was listed in the operational plan for May 7. He answered, The purchase of the firearm was not listed. The fact that it was to be involved, firearms involved, it is checked yes," (Page 180:21-25). He said it was also briefed on at the briefing. lnvestigator Pender said he added information to the April 22, 2008 operational plan and he was focused more on personnel and contingency plans. During the briefing he mentioned the fact there was to be a gun. He stated, "As a matter of fact, it was the last thing I discussed when I was discussing my major portions of the ops plan. I remember very specifically that Captain Connell said, 'you need to talk about the gun.' I said, I'm getting to that. He wanted to make sure it was discussed, and I did discuss it," (Page:182:15-21).

lnvestigator Pender did not have knowledge of Ms. Hoffman having experience with firearms. He also advised she was not given instruction on how to handle one or make it safe. He said she was told not to handle it. He stated, "Once the drugs were seen by her and relayed to us, we were going to move in. So potentially prior to her even holding the gun, touching the gun, seeing the gun, we were going to be on top of the car," (Page 183:14-17).

lnvestigator Pender advised Sergeant Looney, Lieutenant White, ana ~aptain Connell were the supervisors present during the May 7, 2008 operational briefing. Deputy Chief (Proctor) was not pre e briefing, three contingencies were discussed, the house on the Wal-mart on Thomasville Road and possibly a park. Ms. H told Investigator Pender,-wanted to do the deal at the park on Old Bainbridge Road where "the rich people play tennis." After discussing at briefing it was determined they were probably referring to Forest Meadows Park. "So we briefed on Forest Meadows, in the sense that it was a potential. At that time I said, well actually if it deems - - comes out that it is Forest Meadows, 1 said, that's actually a suitable location, based on the equivalent of it being like a Wal-Mart, you know, we could actually utilize that if it turns out that that's going to be the way it is," stated lnvestigator Pender (Page 189:15-2 1 ).

"There was no - nobody said, no, that's not a good idea. Nobody said anything like that. As a matter of fact, I recall looking at Captain Connell as I said it, and he kind of nodded his head, like, yeah, that is suitable for this type of operation," recalled lnvestigator Pender (Page 189:23 -Page 190:2). lnvestigator Pender clarified that Captain Connell did not say it was suitable but it was the view across the room, a look of acknowledgement.

lnvestigator Pender explained the duties of the different personnel involved in the operation. He was then asked what duties were He said they were there for breakout surveillance.

--.-.--

1.1. # 08-21 Page 101 of 15

TALLAHASSEE POLICE DEPARTMFNT INTERNAL AFFAIRS UNIT

According to lnvestigator Pende,r the TPD officers involved were not officially deputized under DEA authority.

When asked what safeguards were put in place, lnvestigator Pender said outside of the personnel, the Career Criminal Unit was there due to the fact a potential gun was involved. The CCU is equipped with more powerful weapons. lnvestigator Pender said he told Ms. Hoffman to stay inside her vehicle, do not get in their vehicle and having a K-9 available,

When asked how it was determined Forest Meadows would be the buy location, lnvestigator Pender said Ms. Hoffman made a controlled phone call and it was confirmed it would be Forest Meadows Park. "He gave us the description of the park and where it was and gave us direction that he wanted to do it at Forest Meadows. At that point, once he confirmed what we had already believed, it wasn't on Old Bainbridge, that it was North Meridian, it was a location we already deemed we felt it was acceptable to do it at. I told her regardless of what he says, we're going to agree. No matter where he tells you to go, say okay. We can always change it," said lnvestigator Pender (Page 200:21 - Page 201:5). lnvestigator Pender said if the location is a suitable location, they (the police) will do it.

lnvestigator Pender was asked if he is allowing the suspect to pick the location. He answered, "No. You don't understand me. What you do in that case is for that controlled call, you allow them to, in this case, because he had already told her, I don't want to do it at my house; I want to do it at the park. He is the one that keeps changing the location on us, which is very typical, that they change locations, is to allow him to believe that he's setting the location. By doing that, whatever he says, like 1 said, I don't care if it was as ridiculous as Gardner Road, or something even worse than that, like out in the desert, say, okay, I will meet you there. You can always call back and say, you know what? I really don't feel comfortable; I'm by myself. 1 don't want to go there, I want to go here. You can always change it."

According to lnvestigator Pender because he has the ability to change the location of the buy location if he does not feel comfortable with it, the suspect doesn't actually choose it. (Page 202:8-15).

lnvestigator Pender believed Forest Meadows Park was an acceptable location. It was discussed and briefed on. He stated, "Then when we call to confirm, he confirms, yeah, Forest Meadows. Perfect. Now he thinks he's in absolute control. He feels like he's in control of the deal but he's really not," (Page 203:20-23).

-..-.- -.--.-I- I_--____.

1.1. # 08-21 Page 102 of 19

TALIAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT

lnvestigator Pender said he was concerned about counter surveillance but counter surveillance is something potential for everywhere they go. He said after the briefing the controlled phone call was made, it was determined it would be Forest Meadows and the teams went to their assignments. He advised he did not have his radio with him so he used his Nextel and called lnvestigator Miller. He asked lnvestigator Miller to relay the information over the radio.

lnvestigator Pender said he did not speak directly to Sergeant Looney and Sergeant Looney did not ask questions. lnvestigator Pender said he called lnvestigator Miller and not Sergeant Looney because he dialed the last number he called.

lnvestigator Pender said he was familiar with Forest Meadows Park. He was not very familiar with the area surrounding Forest Meadows. He did not know specifically how familiar each member of the teams were with Forest Meadows. He did advise that no one had questions.

troops, if you will, on the groun at park to do the job that we needed to do there. It was something that we don't normally have. It have, and it was - good for its purpose, which was to monitor-the house," (Page 209:22 - Page 21 0:4).

When asked if Forest Meadows Park, met tne crlterra tor a buylbust location, lnvestigator Pender said, "Yes."

lnvestigator Pender was told Vice SOP 10,4 C-l states: avoid crowded locations when practical. He was then asked why he agreed to Forest Meadows Park. He answered. "Because there were other criteria in there that kind of describe what

lnvestigator Pender said the fact Forest Meadows is a public park and children may be present was considered. He also liked that Forest Meadows was one way in and one way out.

According to lnvestigator Pender, there was no pre-surveillance done at Forest Meadows. He considered the first officers arriving on scene "counter surveillance." He stated, "...When they go in they're tasked with finding good

1.1. # 08-21 Page 103 of 199

TALLAHASSEE POLICE DEPARTME11 I INTERNAL AFFAIRS UNIT

locations, the layout of the land pretty much, where the CI - - would be an ideal place for the CI to park. While they're doing this, is there anybody just sitting in their cars? What are they doing? How are they dressed? What do they look like ..." (Page 2151 1-20).

lnvestigator Pender was asked if he was concerned when the first officers arrived on scene and identified a possible suspect vehicle in the parking lot. He replied, "No, because just because - even if he had put surveillance in there prior to us arriving, or that was them, that was there prior to us arriving, it's okay that they're there before us, because they're not there - - we're still there before the CI get there. We're still there before the deal gets there," (Page 21 5:23 - Page 216:6).

lnvestigator Pender said Ms. Hoffman did not know where Forest Meadows Park was. He had to give her directions because she had never been there before. He said he gave her step-by-step directions. "I gave her directions. Obviously it's very simple to get to. It's on one street. You go from the police department out to Meridian Road and go north. I gave her step-by-step instructions as we went on how to get there, to the point of making a confirmation call at Timberlane Road, which she did, at Timberlane Road prior to approaching the location, and once that, - - 1 told her, make that confirmation call. Once that's over with, you know, I will talk to you again. Shortly thereafter you're going to be approaching the park on your left-hand side," stated lnvestigator Pender (Page 218:9-21).

lnvestigator Pender advised Ms. Hoffman was told to go to the tennis courts. If she were to get into trouble she was not given a safety word, she was told to use plain talk, talk normally.

lnvestigator Pender said he and Officer Pate were present when Ms. Hoffman received her instructions. She reportedly did not have questions about her assignment, did not appear nervous and did not present any signs she could not complete the deal.

lnvestigator Pender advised he did not have any problems with the equipment and it was tested before leaving the police department. When asked how close

a---...-..... " . - .. .. .. -.. - ...

1.1. # 08-21 Page 1 04 of 199

TALLAHASSEE POLICE DEPARTMENT

! INTERNAL AFFAIRS UNIT

lnvestigator Pender was asked if there would be

lnvestigator Pender advised he and Officer Pate searched Ms. Hoffman's car. He said lnvestigator Pate searched Ms. Hoffman under his direction. When asked why a female officer was not requested, lnvestigator Pender said they did not have a female involved in the operation. When he was reminded of Lieutenant White, he said she was upstairs involved with another task. "I honestly didn't think to have a female search her, based on the size of the buy that we were doing. I know what general or SOP you're referring to. In that SOP

1 it's for - - it's basically written to protect the integrity of the case - - or at least that's my belief of it - - to protect the integrity of the case. If you're dealing in a case the size we are, the intrusiveness of a search is very minimal. You're talking about 1500 ecstasy pills, very large bag; talking about two and a half ounces of cocaine, which is obviously a decent size. You're dealing with a gun, which obviously is very difficult to conceal in the capacity of," stated lnvestigator Pender (Page 223:13 - Page 224:3). lnvestigator Pender said the intrusiveness of a search is based on the quantity and the size of the amount. He stated, "It was just - it was a lack of thought towards that on my part to have a female search her due to the fact that I wasn't thinking we were having to find a $10.00 crack rock, so we really need to search, so we need a female do it ..." (Page 224: 16-20). lnvestigator Pender advised he was thinking more along the lines of the general order, which allows a male to search a female.

lnvestigator Pender advised he was aware of Vice SOP 7-1, C that states, "Prior to making a controlled buy the informant must be thoroughly searched and if possible be searched in the presence of another investigator. Female informants will be searched by a female investigator or officer." He said Ms. Hoffman not being searched by a female investigator was not an act of malice or laziness. He said it just never crossed his mind due to the size of the deal.

lnvestigator Pender said Officer Pate's worked with the Vice Unit a lot more in the past, than within the last year. When asked if he ever reviewed Vice SOP'S with Officer Pate, lnvestigator Pender advised he did not.

---- -- -- 1.1. # 08-21

Page 105 of 199

TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS U N I T

According to lnvestigator Pender, Ms. Hoffman was given the money prior to leaving the police station. The money was in a paper bag, which was moved from under the seat of her vehicle into her purse. It was moved to her Durse according to lnvestigator Pender because it i a s typical for her to keeo her burse

lnvestigator Pender said Ms. Hoffman deciding where the money and listening devices were going to be located was not allowing her to control the situation. He said, "Her opinion matters as to how we operate. It's not what is set in stone. It is not what we decide to do because she said, this is the way it's going to happen, and we go okay. That would be her deciding. It was my decision to put

- that deal, it worked. So it was my decision to do those, not hers," (Page 229:17 - Page 230:2).

lnvestigator Pender was asked how long he knew Ms. Hoffman. He advised he knew her since the search warrant (April 17, 2008). He then agreed she had a criminal history. When asked if he had any concerns about giving her $1 3,000 to ride alone in a car to meet drug dealers, he answered, "No." He then explained, "I felt that we placed proper parameters and proper - - had proper planning for the operation to contain her, suspects, and everything else in the midst of that operation. I mean, if she were to - - worst-case scenario outside of the real worst-case scenario would have been if she just go in her car and fled from us. Would that have been bad? Yeah, it would have been bad. But could we have found her? Yes," (Page 230: 16-24).

lnvestigator Pender agreed he is running the operation as the case agent, driving and monitoring the equipment. When asked who was watching Ms. Hoffman he answered, "I am,' and Officer Pate and Special Agent Andris from DEA," (Page 231:24 - Page 232:8). lnvestigator Pender denied he might have overextended himself.

When asked how Officer Pate assisted him, he auv~sed, he assisted by talking on the DEA radio, visual surveillance and taking a telephone call or two.

lnvestigator Pender was directed back to them leaving the police station. He said it was his vehicle, then Ms. Hoffman and Agent Andris behind her. They drove northbound on Meridian Road. He then became confused and couldn't remember if Ms. Hoffman was in front of him initially. He stated, "(I) communicated with Lou via Nextel that, because of our close range, that she needed assistance getting there, that she was going to be following me, and I wasn't turning the equipment on until I could break off. When North Meridian Road splits into four lanes, going to switch into the right lane, kind of feather --.- - -----.-..-.---- - -----------

1.1. # 08-21 Page 106 of 199


back. Let them pass. Then I would come in behind them and turn the equipment on. The equipment had already been tested; it's already functioning properly," (Page 233: 1 2-22).

lnvestigator Pender said if he is remembering correctly he spoke to Agent Andris via Nextel. When asked if Agent Andris spoke back, lnvestigator Pender answered, "Yeah, said, yeah, I gotcha. We were on the same page as far as that went," (Page 233:25 - Page 234:3).

"I don't know if I'm portraying this right. I kind of see where you're going. When we were at the station, he had sat there while we wired the car and prepared both vehicles, mine and hers, for the operation," said lnvestigator Pender. He said he did not ask Agent Andris to stay. He continued, "Another thing, when you have a million things going on as far a paperwork goes, it slipped my mind to think, it would be nice to have assistance, surveillance from the station, not only at the location. He stayed on his own. He actually approached me and said, hey, I was going to stay back, help you keep eyes on as you go. I said, perfect. I said thanks, because I didn't think about it," (Page 234:9 -25).

lnvestigator Pender affirmed Agent Andris offered to stay back and help watch Ms. Hoffman. He then advised, "So that was the communication there. Then once we were en route to the park, 1 called him and said, hey, when we get up here, I'm going to feather off, let you guys pass, proceed to that point, turn the equipment on. I also called Rachel and told her. I said, you know, I'm going to pull over in the right lane - - that's why I'm saying, 1 don't remember if she was behind me or in front of me. I said, I'm going to pull over in the right lane. I want you guys just to go. I still have you. I'm going to turn on the monitoring equipment, keep you informed and all that. She understood and confirmed," (Page 235:2-14). lnvestigator Pender said he was responsible for watching Ms. Hoffman at that point. When asked who was responsible for watching Ms. Hoffman when they reached the 1-10 overpass. He again stated he was. 'When I switched to the right lane and feather(ed) back, now Lou is directly behind her," said lnvestigator Pender (Page 235: 15-23).

According to lnvestigator Pender, Agent Andris knew his responsibility. He explained, "...He offered that to me at the station, and via our telephone, Nextel connection, conversation, that that's what the plan was, that I was going to feather off; he was going to maintain, and I was going to behind him," (Page 236:3-7). For clarification, lnvestigator Pender was asked about his earlier statement that the DEA agents were there for surveillance. He was then asked if he was one hundred percent sure when he was enroute to Forest Meadows that Agent Andris knew he was to watch Ms. Hoffman. He replied, "Yes. Actually it was offered by him. The only reason I contacted him was for the purpose I would be feathering back. 1 was still maintaining visual. I could still see them," (Page 236:15-19). lnvestigator Pender said he was still watching Ms. Hoffman he just

1.1. # 08-21 Page 107 of 19s

TALLAHASSEE POLICE DEPARTMEN I


When they reached Meridian Road at Timberlane Road, Investigator Pender said he turned the equipment on and everything was reportedly functioning well. He then told Ms. Hoffman to call the suspects and let them know she was close. He also told her the park would be coming up on her left and she is to go to the

the way to the north end of the E k i n g lot - - actually to the north exit that exits onto Meridian. I'm sitting in that lane," stated lnvestigator Pender (Page 238:9- 21 ).

lnvestigator Pender said he could not the police radio.

rememl ber if hc ? spoke to Agent Andris via

Investigator Pender said vehicle traffic on Meridian was "fairly heavy," "constant traffic."

lnvestigator Pender said while he was sitting in the Maclay School parking lot the wire started to get scratchy. He decided to move closer. "As I'm pulling back out towards the exit to exit onto North Meridian Road, that's when Lou radioed to everybody that she pulled into the wrong place, into the baseball field," advised lnvestigator Pender. (Page 241:9-12).

"At that point I realize, she's just south of the target place. There is no concern at that point from me, because I'm just down the street. I'm about to pull out and reestablish contact. Told them, that's all right, I'm coming up, I got her. So at that point 1 was heading north - - 1 was pulling out north anyway," explained lnvestigator Pender (Page 241:14 - 20).

When asked if his statement, "I got her" relinquished Agent Andris from watching Ms. Hoffman, lnvestigator Pender responded, "He didn't have that ability anymore anyway. That's what his transmission was to me. She pulled into the wrong place. She pulled into the baseball fields," (Page 241:21 - Page 242:l). lnvestigator Pender said he believed Agent Andris continued northbound. He advised, "His job was not to follow her and keep eyes on into the location, into the park; it was just on North Meridian Road because once she commits to the park, there is three vehicles full of police officers inside the park that are going to now pick up that responsibility," (Page 242:6-11).

lnvestigator Pender said he reached the baseball fields in what felt like seconds. He saw Ms. Hoffman facing North Meridian Road ready to pull out. lnvestigator

-- - -------- 1.1. # 08-21

Page 108 of 19!

TALLAHASSEE POLICE DEPARTMEI INTERNAL AFFAIRS UNIT

.Pender said he was on the phone with Ms. Hoffman and told her to pull out, go left to the yellow flashing light. "I said when you get to the flashing light, that is the driveway to the tennis courts, pull in there," exclaimed lnvestigator Pender.

When asked why he didn't follow her, lnvestigator Pender replied, "Because of the fact that she was, on multiple occasions - and there was actually a time in there prior to that where I believe he called her, or it might have been during the Timberlane Road conversation where he said for her to go to the nursery. Then she called me back after that conversation, he's trying to get me to go to the nursery. I said, that's fine, you're not going. We're just going to go to the tennis courts. So just go - she said, I understand. I'm just going to the tennis courts. I'm not going there. She even reiterated that to me. There is always a time - not always, many times during these operations there are points in surveillance of the CI that are acceptable loss, I guess is the best way to say it, short periods of time where you may lose the visual of that person, whether it be terrain, if you're on a hilly road and you're three car lengths back, and they crest the hill and go down, and it takes you five seconds to crest the hill before you see them again-" (Page 243:9-244:6).

lnvestigator Pender said he believed an acce than twenty seconds.

ptable I oss of time to be no more

lnvestigator Pender said when he allowed Ms. Hoffman to pull out ~ ~ I L U ~ v ~ ~ ~ i d i a n Road, she knew she was supposed to go to the flashing light. After she turned out he turned into the baseball fields. From the best of his recollection he radioed the other officers inside the park and told them she was on her way. He said the acceptable time loss was when she crested the hill, but he still had her on the wire. When asked what he heard on the wire he said he believed she had another phone call because she just started talking. He believed it was one of the suspects, but he didn't know which one. lnvestigator Pender stated, "...She was talking about locations where she was. At least I believe that's who she was talking to, because she was talking about locations where she was," (Page 246:3-6). lnvestigator Pender said he heard Ms. Hoffman say she was pulling into the park on the wire which confirmed to him that she had done what he told her to do.

lnvestigator Pender said he wa saw the suspects at the nursery

park wl ien he I heard Agent Ar

When asked when did he realize something was wrong, lnvestigator Pender advised, "When I lost her - well, when I began to lose her on the wire and I began to call her - - take that back. When I began to lose her on the wire and found she had not committed to the park, I realized ample time had passed, and the reason I was probably losing her is because she passed it, which was a major concern of mine. If that was the case, that was a major concern. That's

1.1. # 08-21 Page 109 of 19s

TALLAHASSEE POLICE DEPARTME," I INTERNAL AFFAIRS UNIT

why I - - mean multiple reasc ' ' one of the reasons I Pegan calling her,"

(Page 248:13-22).

lnvestigator Pender said he could not get Ms. Hoffman on the telephone. He said he felt like he had called her 100 times, but it was probably more like two or three times. When Agent Andris advised he saw the suspects at the nursery he knew the car inside the park was not the suspect vehicle. He recalled telling Agent Andris to keep an eye on the suspect vehicle. "If we know where they are, at least we know where half the deal is," stated lnvestigator Pender. "At which point he said, 'okay, I'm turning around to get a better - I just passed them. I'm turning around to go back and get eyes on them.' I said okay. So I'm feeling a little bit better at this point, and I'm trying to get back out, still continuously calling her. She's not answering. As I get to the exit to go north on Meridian to start heading that way where I had last seen her, she calls me back and in that phone call, very short phone call, she tells me they told me to follow them - - they told me to go to the nursery. I followed them from the nursery. We're on Gardner. It looks like the deal is going to go here. It's a dead-end street, at which point I responded, I told you not to do that. Turn around! Turn around! Do not follow them! I had no response from her, which meant, you know, either she hung up on me or we lost the signal. I had a strong signal - - obviously every other phone call that we had made, she had a very strong signal. I think that she hung up on me, not because she didn't want to hear it. I think it was because she was in the heat of the deal, and the deal was about to go down," advised lnvestigator Pender (Page 249:23 - Page 250:23).

lnvestigator Pender said he got on the radio and directed everyone to go to Gardner Road. "I'm telling everybody, she went to the nursery. She's on Gardner. Go to Gardner! Go to Gardner! So at that point, Pate and I - - obviously Pate and I had to go, Pate and I raced down North Meridian Road - - i say "raced" - - as fast as we could in traffic," stated lnvestigator Pender (Page 251:ll-17). lnvestigator Pender said he did not know where Gardner Road was. He checked the area of the nursery and Thompson Circle first and thought he could pick her up on the wire. A short time later lnvestigator Finales announced where Gardner Road was. When lnvestigator Pender reached Gardner Road there were already two police units there and there was no sign of Ms. Hoffman.

lnvestigator Pender could not say off of the top of his head how many Vice operations he's conducted. He was able to say the ones he conducted were similar to the way this operation was set up and approved by his supervisors. He did not have any problems with his past operations.

When asked if he intentionally put Ms. Hoffman in a violent or deadly situation, lnvestigator answered, "No."

lnvestigator Pender said he did riuL ar anytime get personally involved with Ms. Hoffman and did not ask her out for a drink.

1.1. # 08-21 Page 110 of 199


At 6:35 PM, PBA Attorney Paul Villeneuve was provided the opportunity to ask follow-up questions. Mr. Villenueve directed lnvestigator Pender's attention to Vice SOP 7, Searches and Search Warrants. He then asked him if the May operation involved a search warrant. lnvestigator Pender responded, "Yeah. It included - yeah, searches and search warrants--or not specifically a search warrant, no," Mr. Villenueve advised he was seeking clarification on whether or not the policy that lnvestigator Pender was questioned about, Vice SOP 7, deals specifically with searches and search warrants. lnvestigator Pender advised it did.

lnvestigator Pender explained to Mr. Villenueve why he didn't use an undercover police officer in the car with Ms. Hoffman. He said it wasn't practical at the time.

Mr. Villenueve asked lnvestigator Pender where Ms. Hoffman was searched. He told her she was searched in the parking lot of the police department near the gas pumps. lnvestigator Pender agreed the area is under video surveillance. He also advised he stood by while she was searched and Agent Andris was in plain view.

lnvestigator Pender said he was aware or me general order which allows male officers to search female detainees, arrestees, as long as they are professional and have a witness.

lnvestigator Pender told lnvestigator P all telephone contacts.

be logs all physical interactions not

The interview was concluded at 6:52 PM.

On September 3, 2008, lnvestigator Danielle Davis conducted a second taped interview in the Legal Conference 'Room with lnvestigator Ryan Pender to clarify a few items from the first interview. Officer Pender was reminded that the OathlPerjury Warning and the Police Office Statement of Rights he signed in the first interview were still in effect. The interview was conducted, and i n addition to lnvestigator Ryan Pender, the following persons were present: Internal Affairs lnvestigator George Creamer, Jr., PBA Representative Sergeant Sam Gereg, PBA Attorney Paul Villeneuve and court stenographer Danielle Freeze.

lnvestigator Ryan Pender was reminded of the Garrity Notice and Administrative Perjury Warning forms he signed during the August 25, 2008 interview, and was reminded he was still under oath for this investigation. lnvestigator Pender acknowledged he knew he was still under oath

lnvestigator Danielle Davis asked lnvestigator Pender if Ms. Hoffman was considered a reliable confidential informant. lnvestigator Pender replied, "From

-------- - ----------.------ 1.1. # 08-21

Page 1 1 1 of 199


the beginning, at her residence during the search warrant, she was forthcoming with information that she didn't necessarily have to be. And from that point, anything - and we'll refer back to some of the things that were in question - anything that came up that was out of the ordinary, such as an uncontrolled meeting or a phone call from a potential target, she was very forthcoming with that information. Actually called me immediately after both of those incidents and told me exactly what happened -- which is beyond what I typically would expect from a confidential informant."

lnvestigator Danielle Davis asked lnvestigator render if it mattered he hadn't conducted any buys with Ms. Hoffman asking, "You hadn't had two successful controlled buys with her?" lnvestigator Pender replied, "No. But I had two successful, if you will, successful in the realm of her following direction, controlled -- one was an attempt and one was actually a controlled meeting - prior to the 7", so she actually did have two controlled operations that she was part of that she functioned properly and followed direction."

lnvestigator Danielle Davis asked lnvestigator Pender, referring to the April 22"d operation, why he didn't obtain a signature on the C1 packet before using Ms. Hoffman as a CI, lnvestigator Pender replied, "That's not up to me. I get the packet completed - from my end and then I give that to me supervisor, and I

I don't follow up to make sure it's signed prior to any operation. I think I covered that in the first one basically. You know, I go to him with an operation using a specific CI; if he approves it, I assume that C1 has been approved to use."

lnvestigator Danielle Davis asked lnvestigator Pender if Sergeant David Odom reviewed Ms. Hoffman's C1 packet before the April 21'' operation. He replied, "I don't know. I know we reviewed it together as far as -- not the packet itself, but the information that contained the packet, reference her personal information, things of that nature. So we discussed her, but as far as the actual packet, I don't know."

lnvestigator Danielle Davis asked lnvestigator renaer if he documented any of his surveillance attempts at the - lnvestigator Pender replied, "I took notes. And I have printouts of multiple vehicles, tag numbers that I obtained while doing it." Investigator Pender then provided the print out documents from the intelligence he siated he gathered while conducting the lnvestigator Pender explained, "Surveillance and Intel gathered at I know the first subject there was the license holder for the subsequent to that would be tag numbers ran from the parking lot. Some of them would be referenced to utilities ran through the owner of the business, his residence, and anything connected to those people, kind of like a tree would go. You know start with one person, and that would branch off so there are multiple people. And that's not complete as far as everybody that I possibly ran. Some of them would have been - most of it was in an attempt to identify- prior to knowing it w a s f So if they didn't fit the description that I

-- - - - - - .. - - -- -

1.1. # 08-21 Page 112 of 19

TALLAHASSEE POLICE DEPARTMEMY INTERNAL AFFAIRS UNIT

knew it to be, my visual of the person and description given to me by Hoffman an-, that I may have thrown those away as far as not being relevant to the case."

lnvestigator Danielle Davis asked lnvestigator Pender if he conducted surveillance at the Wal-Mart and lnvestigator Pender replied he did not.

lnvestigator Danielle Davis asked lnvestigator Pender if the wire device was turned on when he left the police station. He replied, "Yes. And then shortly

--

during the time that I was very close proximity to her, I had turned it off. I had tested it prior to leaving, and actually.had it on as we pulled out, and once we made that close proximity contact and followed out of the parking lot, I turned it

\ off for that reason. And then we got to - I think it was 1-10, Yeah. When we got to the 1-10 overpass and I was able to make the distance again, that's when I reestablished it."

lnvestigator Danielle Davis asked lnvestigator Pender which computer he used to run the background and history checks on Ms. Hoffman. lnvestigator Pender replied, "I believe it was mine, at my desk." When was the same computer he used to run the checks on suspect nd the license numbers, lnvestigator Pender indicated it was the

lnvestigator Danielle Davis asked lnvestigator Pender if he ran Ms. Hoffman and suspect v h r o u g h NCICIFCIC. lnvestigator Pender stated, "I don't recall exactly if -- I know I ran Ms. Hoffman through NCICIFCIC. I don't recall 100 percent on m but I believe I did."

When asked if he was aware suspec-had an active arrest warrant at the time, lnvestigator Pender said he was aware of that fact. lnvestigator Pender stated, "If I'm not mistaken, I have that in here, yes. I'm not positive on that. Let me just look just to make sure. Yes he had a capias for FTA on a non-moving traffic violation, driving while license suspended, second offense. If we made contact with him he would have been arrested on that warrant."

lnvestigator Danielle Davis asked lnvestigator Pender how often did the Vice Unit I conduct buy-busts or controlled buys at city parks. Investigator Pender replied, "I

wouldn't say buy-bust, because I couldn't think of any off the top of my head that

1.1. # 08-21 Page 113 of 191

TALLAHASSEE POLICE DEPARTME,. , INTERNAL AFFAIRS UNIT

we've planned at a city park. But operations surrounding city parks are very frequent. Typically when we do street level undercover buys, which is a common term for its Weed and Seed, those typically go very close to schools, public parks. For instance, the one that's we actually have purchased drugs out of and made arrests in multiple times is the park at Strong and Jones, I think right there at Macomb and Georgia, so we do things in city parks."

lnvestigator Danielle Davis asked lnvestigator Pender if Sergeant Roderick Looney gave him any direction in terms of Ms. Hoffman in terms of not being able to reach her. lnvestigator Pender stated, "Yes I spoke with him, and I don't recall when it was. So it was very possible it was after the direction to call me. It could have been before that and that was a second attempt, hey call me again in a sense. And 1 don't recall. I mean, it was so much going on with the timeline; the timeline gets messed up. But basically what was going on, and at that time he told me, well, try and call her. And I said, I've been doing that, you know, and he did give me direction as far as from a supervisor's role, make sure you do these things and ... l don't recall exactly what they were. I know one of them, the one that stands out because I was doing it, was trying to attempt to contact her by phone."

lnvestigator Danielle Davis asked lnvestigator Pender, "Did he (Sergeant Looney) tell you to go north to go find her?" lnvestigator Pender replied, "He might have. Very well could have. And that was a direction that we had already - like I said, we -- when we talked to him by phone, I was already -- what I felt exhausting every avenue I could exhaust to try to take control of the operation again. At that point, obviously, we were out of that control because we didn't have her."

lnvestigator Danielle Davis asked lnvestigator Pender how many officers are involved in a buy-bust operation. lnvestigator Pender replied, "It depends on the size of it, the location of it. So it all depends. It's - there's a lot of different factor that would determine that. I couldn't say it was the most I've seen. It was one of the larger as far as personnel, possibly the largest as far as personnel goes, but I couldn't say for sure, because I'm not -- I'd have to actually pull Ops plans from other buy-busts."

lnvestigator Danielle Davis asked lnvestigator Pender, 'With this being one of the largest that you've ever seen in the past with other similar size operations, how many supervisors were on scene?" lnvestigator Pender replied, "I can only think of one that there were more than one, and it's always been one supervisor on scene. And just to clarify, so we don't have any questions after that, the one that there was more than one, it was because we were using another agency or multiple other agencies, and their supervisors were there. As far as TPD supervisor, 1 think there's only been one on all the ones I've participated in."

-. . . --------- --.- .---.------ --- 1.1. TC 08-21

Page 114 of 199

TALLAHASSEE POLICE DEPARTMEPIT INTERNAL AFFAIRS UNIT

lnvestigator Danielle Davis asked investigator Pender if Depury ~ h i e f Proctor was briefed on the operation. investigator Pender replied, "Not in my presence, no." lnvestigator Pender recalled receiving the funds from the Property and Evidence Section Supervisor Mrs. Patty Wallace. He stated in his interview he and Captain Chris Connell were getting the funds when Deputy Chief John Proctor told him it was a lot of money and not to lose it. lnvestigator Pender said, "I think it was more of a statement, maybe even to Captain Connell, but kind of directed at me since it was going to be me."

PBA Attorney Mr. Paul Villeneuve inquired if the Attorney General's opinion, as far as their review of Tallahassee Police Department policies and the facts of the case, had been released to TPD. Mr. Villeneuve explained his client, lnvestigator Pender, had not had an opportunity to review it. Mr. Villeneuve asked if the Attorney General's report played a role in this Internal Affairs Investigation. lnvestigator Davis replied she recently received the report and reviewed it. Mr. Villeneuve stated he wished to reserve an opportunity to ask questions after reviewing the report.

After this interview Mr. Villeneuve was of the Attorney General's report.

provide d the opportunity to review a copy

Investigator's Note: During lnvestigator Pender's interview, he was told he may need t o present documentation after the interview. He advised he understood and would, if asked.

On Friday, September 5, 2008, lnvestigator Davis asked lnvestigator Pender to bring in his investigative case file. He presented it on September 8, 2008. There was no proof he checked Ms. Hoffman through FCIClNClC in the file. In the file was half o f an FClClNClC report on "Rachel Morningstar". The "report" was on Tallahassee Police Department letter head.

After researching the FClClNClC transaction number, i t was determined the query was done under Tallahassee Police lnvestigator Debra Hands' access code on January 28,2008.

Sergeant Roderick Looney: Sergeant Roderick Looney, PBA Attorney Hal Johnson, and PBA Representative Sergeant Sam Gereg were provided the opportunity to review the exhibits presented as evidence in this investigation prior to his interview on August 26,2008.

On August 26, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with Sergeant Roderick Looney after being advised of her OathIPerjury Warning and Police Officer Statement o f Rights. Sergeant Sam Gereg was present as Sergeant

1.1. # 08-21 Page 11 5 of 199

TALLAHASSEE POLICE DEPARTME.,. m


Looney's P.B.A Representative. P.B.A. Counsel, Attorney Hal Johnson, represented Sergeant Looney for the interview. Also present for the interview was Investigator Danielle Davis and court reporter Sandi Nargiz.

Sergeant Looney has been employed by the Tallahassee Police Department for approximately 16 years. As an investigator, Sergeant Looney was assigned to Special lnvestigations (Vice) for approximately 7 years. 2.5 years in street level narcotics and 4.5 years in interdiction. While in Vice, Sergeant Looney received training street narcotics, Drug Enforcement Administration (DEA) basics, DEA advanced, and Sky Narc conventions.

Sergeant Looney has been a sergeant tor approximately 3.5 years. He was assigned to Special lnvestigations in February of 2007. When he received his assignment, Sergeant Looney reviewed Vice Standard Operating Procedures (SOPs). He noted that not much had changed in Vice SOPs. Sergeant Looney was assigned to general narcotics at first and then was moved to interdiction in February of 2008.

Sergeant Looney was asked what his responsibilities were as a sergeant in Vice as they relate to confidential informants (CI). He stated that he is to make sure they are documented properly, find out their motivation for working with Vice, find

! out what they can do for Vice, and are they capable of doing what they say they can do.

Sergeant Looney was asked what his responsibilities were as a sergeant in Vice as they relate to operational plans and briefings. He stated that he is to ensure proper staffing, make sure the investigator has done background work on the suspects to include names, locations, vehicle information, tags, addresses for residences, places' of work, associates, criminal history and to ensure the investigator includes a brief synopsis of the case itself.

As for the briefing, Sergeant Looney stated it is the case agent that conducts the briefing. If it is one of his investigators, the rest of his squad is there to make sure everything is covered. According to Sergeant Looney, it's the investigator's job to cover everything at the briefing but it's the responsibility for those in attendance to point out issues with the operational plan.

Sergeant Looney was asked what his role was in reference to investigations. He stated his job was to manage, ensure the investigators are doing what they are supposed to. Sergeant Looney expects regular briefings. He stated, "So, yeah, as they get information, I want it." (page 12:ll-22)

Sergeant Looney was asked if he was the supervisor for the operation on May 7, 2008, with CI Rachel Hoffman. He stated he was. He was asked if he had immediate oversight on the development, approval and execution of that operation. He stated, "Yes, that particular one." (page 13:4) Sergeant Looney

1.1. # 08-21 Page 116 of 199

TALLAHASSEE POLICE DEPARTMEtr I INTERNAL AFFAIRS UNIT

was asked at what point he was brought into the operation. He stated, "Actually I was asked on May ern if I could stay and help. I don't supervise Investigator Pender directly. His sergeant, Sergeant Odom, was out that day. I was asked by him and Lieutenant White if I could stay on the 7'h and help with the deal." (page 13:7-11)

Sergeant Looney was asked about his opinion of a suitable CI. He stated, "Someone that's, one, that is reliable, someone that if they tell you they can do something, they do it. And someone, that when you tell them to do something, you can depend on them to do what they say they are going to do." (page 14:3-7) He was asked about his impression of a bad CI. Sergeant Looney stated, 'Well, basically it's a loose cannon. Somebody that you really can't control, they say 1 can do this, but they really can't." (page 14:20-22)

Sergeant Looney explained that an investigator has to have tight control on an informant. He stated, "Any source, you know, you tell one to do something, it's a possibility they are going to do something else. So you go to keep tight reins on them, you got to keep tight reins on your sources. That's the only thing I can explain, you got to watch what they do, you got to be on top of them at all times." (pages 14:24-155)

Sergeant Looney was asked if, during a background check, pretrial release is an issue. He stated, "Pretrial release, you probably want to contact the State Attorney's ofice if they have been released on a prior charge." (page 26:24) He was asked if pretrial intervention was an issue. Sergeant Looney stated, "Again, knowing what I know about the State Attorney's office, me personally, I am going to contact them." (page 27:5-7)

Sergeant Looney was asked if he knew what Drug Court was and the conditions of the program. He stated that he knew of the program and knew one of the conditions was that the participants could not sell, use, or be around drug activity. He was asked if he knew a potential CI was in the progra'm, would he have a need to contact the State Attorney's office. Sergeant Looney stated, "Like I said, I would, you know. Is it against policy? I don't know. I don't know. You are talking to me, and I am telling you what I would do as a supervisor, personally and as the supervisor what I would do. But, you know, does it actually violate policy? You know, because you don't -I' (page 28:23-28:3)

Sergeant Looney was asked about the process of approving Cls. He stated he reviews the packet, ensures everything is complete. If he has any questions he gets with the investigator to clarify. Once it is approved, the sergeant assigns a CI number, logs the packet and files it. Sergeant Looney was asked how long he holds CI packets before signing and filing them. He stated, "I don't try to hold it at all, because it's confidential stuff, so I don't want it laying around. Once it's given to me, I go ahead and - because a lot of times, when my guys come in, if I am doing something, a lot of times I will just stop doing what I am doing and go .------.-.------,. -----. ----

1.1. # 08-21 Page 117of 199


ahead and review it; get up and go assign it a number and go ahead and put it away, because I don't want it laying around. All that type of information is confidential. We do have people that don't work in our unit that comes through sometimes. You don't want somebody pickinn up a file that they shouldn't have." (page 30:lO-21)

Sergeant Looney was asked if a CI could be used prior to him physically signing off on the CI Packet. He stated, "No. It don't - they don't use - they shouldn't use a source in any type of capacity until the supervisor has signed off on it and gave them their ok to go ahead and use that person." (page 31 :I-4)

Sergeant Looney was asked if it was the responsibility of the investigator to keep the sergeant up to date on their Cls. He stated, "It's the job of the investigator to make sure that they keep their sergeants abreast of what's going on, and it's the sergeant's job to make sure the lieutenant is abreast of what's going on. And it trickles on up the chain." (page 37:7-' ' '

Sergeant Looney was asked what rules are explained to a CI. He stated that Cls are not allowed to act alone. They may bump into situations but they are not to seek activity on their own. Sergeant Looney stated a CI might go against instruction but they need to explain their actions. If they had good reason it might be all right.

Sergeant Looney was asked about confidentia~~ry ana now Ir is explained to a CI. He stated, "Well, for one, it's for their safety." He continued, "Yes, for one thing, for their safety because you, you know, and also, to say they are out there talking to some people and, you know, for whatever reason you may decide to intro an undercover cop in, you know. You know, that now not only are you endangering your own safety, but you are endangering this confidential officer's safety, if we don't know what you are out there doing." (page 39:2-9) He was asked if a CI disclosing their status as a CI would cause him to stop using that CI. He stated, "Me personally? You know, probably at that point, I ain't going to want to use that CI." He was asked if the CI could be used in a different group of suspects. Sergeant Looney stated, "It depends on what the situation is. And the biggest thing is you got to look, is this really jeopardizing this person's safety for us to keep using him? Because most the time they are going out there on their own buying dope, and that's the thing. Just because you got to be conscious of their safety. A lot of times they don't realize the dangers." (page 40:20-25)

Sergeant Looney stated that he would expect his investigator to let him know if a CI revealed their work with the Tallahassee Police Department. He would in turn speak to the lieutenant about the situation.

Sergeant Looney answered a series of questions concerning the use of CIS along in buylbust operations. The current Vice Standard Operating Procedures (SOP) does not discuss the use of Cls alone in these operations. Sergeant

1.1. # 08-21 Page 118 of IS


Looney was asked what information is given to a C1 to prepare them for a buylbust operation. He offered an example.

Sergeant Looney was asked if the suspects are allowed to determine the location of an operation. He explained that you have to be "fluid". The suspects will change the location and come up with locations of their own. Sergeant Looney stated, "And the thing is there's always safety. You got to think safety. Can I still do that operation at that location? Can we still perform our duties at that location without hindering the safety of the CI, the UC, the general public? All those things come into play." (page 80:ll-15)

Sergeant Looney was asked what is the approval process for an operational plan. He stated, "Usually it goes through me first and when one of my guys does one, it goes through me. I then sign off on it and I give it to the lieutenant. Lieutenant looks at it, it should go up to the captain, and the captain usually take it up to the deputy chief, brief him, and let them know what's going on." (page 82:6-11) Sergeant Looney was asked who has authority to change an operational plan once it is in motio~ stated, "That's going to be the supervisor." (page 87:24)

lnvestigator Pender briefed Sergeant Looney on CI Rachel Hoffman for the first time on May 6, 2008. Sergeant Looney stated that he did not recall lnvestigator Pender mentioning that C1 Hoffman had revealed her status as a CI to a suspect she was attempting to work for Vice. If he had known, Sergeant Looney stated he would have consulted with Lieutenant White about this issue. Sergeant Looney stated he was not informed that CI Hoffman had met with a suspect for the purpose of setting up a deal without the consent or knowledge of her case

1.1. # 08-21 Page 1 19 of 199


investigator and against his direction. Had he known, Sergeant Looney stated he would have consulted with Lieutenant White on this issue as well. Sergeant Looney stated he had not been informed that C1 Hoffman had made a financial arrangement with another CI for their work to apply to her own substantial assistance. Sergeant Looney stated, "You don't want any involvement with that as a police department, you know, Vice Unit. 1 have been involved with cases where someone come in and helped someone out with charges before. And that's fine. But for them to be paying them to do it, I don't know." (page 92:7-11)

Sergeant Looney confirmed the first he learned of these issues was by reading the transcripts for this investigation. He was asked if he would have wanted to be informed of these issues prior to approving the operational plan. Sergeant Looney stated, "Some of the stuff I know now, yeah, I would liked to have known maybe prior to the operation actually going. But like I said, you know, a lot of stuff I found out after the fact. So I didn't know about it and by that time it's too late. I am already knee deep in it." (page 93:13-18)

Sergeant Looney was asked whose job it was to inform him of these issues. He stated, "Obviously if it was something critical, you know, I mean Pender is the one that I am dealing with so, you know, I expect him to inform me, anything that he thought I should know. I expect him to inform me of it.

"If the lieutenant, if she know anything, because they are the ones that have been dealing with this girl; I hadn't. You know, so I mean, if anything they know that I should know, yeah, I expect for them to brief me on it, especially if I am going to be the supervisor over this operation." (page 93:21-94:6)

Sergeant Looney stated that had he been informed of any of these issues, he would have made the lieutenant aware. He was asked if he would have expected the lieutenant to be informed. He stated, "I would expect, yeah. Through Pender, through his sergeant, and him taking it up the chain. I mean, I would expect that she would know." (page 94:20-22)

Sergeant Looney stated the planning for the operation for May 7, 2008, began on May 6'h. lnvestigator Pender and he met in his office for an hour to an hour and a half discussing plans and locations. The following morning lnvestigator Pender came in at approximately 10 AM and started working on the operational plan. Sergeant Looney requested assistance from the Career Criminal Unit (CCU) for the operation. He and lnvestigator Pender met with Lieutenant White that same day.

Sergeant Looney stated that they could not identify . He stated, "I was satisfied with his-efforts on that one. He did find out; you know after i ing into it, f o u n d out who he was by pulling s o m d finding out he was a suspect in the theft of firearm right at that business. SO-

1.1. # 08-21 Page 120 of 199


kind of figured out was going to be our guy. Pulled his histories and stuff." (page 98:18-24)

Sergeant Looney stated that nothing came up during the planning that made him consider putting the brakes on. He was asked if Lieutenant White or Captain Connell voiced any concerns. He stated, "I can tell you right now, if there had been just an inkling of doubt about anything, about safety, any questions about anything, captain would have canned it. He would have canned it. But the concerns - that concern wasn't there. Everything looked good. We had, like I said, we had our contingency plan in place. We knew what we wanted to do. We had the appropriate amount of staffing. I mean it was good." (page 100:17- 24)

Sergeant Looney had indicated earlier in his interview he believed he had signed at least one copy of the operational plan. He was asked what he did with this signed copy. Sergeant Looney stated, "After I signed off on it, I would have gave it to the lieutenant. There was no reason for me to hold on to it at that point. It's got to go up the chain. So to say whether I physically handed ti to her in her hand, I can't say that. 1 don't even remember. She may not even have been in the office. I could have stuck it in her box; I could have put it on her desk. But I know I probably would have called her and said, lieutenant, I just signed off on that ops plan, it's on your desk, it's in your box, something to let her know it was there because I knew the captain would probably want it." (page 101:2-13)

Sergeant Looney was asked, "Did you have any concerns - I know we hit this before - any concerns with the CI doing her first operation alone with $13,000 of flash money in her possession, any concerns with her being able to handle this?" He stated, "No. And I tell you the reason why. The reason I know because we had set it up where, you know, she was doing it in the parking lot, you know, she's supposed to be at a specific location. All right? We watched her come in, we got her.

"Once she gets there, the arrest teams, you've got two arrest teams, you've got a block vehicle in there. You know, you've got all those officers watching her, you know. Once she get there, she ain't going nowhere, you know. So going to try to get them in the car with her so we ain't go no threat of anybody pulling off or anything like that. So, you know, when you've got all these plans in place, no, it's no different than any other one we do, because that's how we plan them all, you know. You know, that's the reason we stick to the plan as working, you don't flow from it, you know. You know, if you stick to it, usually it's going to pan out; it's going to work. You know, so no, I didn't have any problems with her doing it like that, you now, even though it was her first time." (page 101:25-102:22)

Sergeant Looney was asked if anyone voiced any concerns. He stated, "No. Like I said, lieutenant, captain there, you know, 1 am sure if either one of them had any concerns, they would have voiced their opinion. Both of them knew

1.1. # 08-21 Page 121 of 199

TALLAHASSEE POLICE DEPARTMtlr I INTERNAL AFFAIRS UNIT

about the firearm, they knew everything about the operation. We discussed it backwards and fotwards. It there had been any concerns, it would have been voiced." (page 103:5-11)

Sergeant Looney stated he attended the briefing in full. His assignment during the operation was with arrest team one. He recalled the Drug Enforcement Administration (DEA) Special Agents (SA) were on surveillance. SA Lou Andris stayed to assist lnvestigator Pender in keeping eyes on CI Rachel Hoffman. This information came to him after they were on their way to Forest Meadows. The operational plan did not detail who was to watch CI Hoffman on the way to Forest Meadows, but Sergeant Looney stated that it was lnvestigator Pender was assigned this task. Once CI Hoffman pulled into the park, the officers on the arrest teams and the block team would pick up surveillance.

Sergeant Looney was asked about Officer Chris Pate conducting the search of CI Hoffman prior to the operation. Vice SOP dictates that a female officer must conduct the search of a female CI prior to an operation. Sergeant Looney stated he was not aware that Officer Pate had done the search of CI Hoffman. He also was not aware of any attempts to get a female officer to do the search.

lnvestigator Pender had the duties of monitoring the wire, phone conversations with the CI, driving his vehicle to the location for the operation, and maintaining visual surveillance on CI Hoffman. Sergeant Looney was asked if this was too many duties for lnvestigator Pender to manage. He stated, "I mean, that's - to be honest with you, that's normal for us. That's normal practice, you know." (page 108:24-25)

Sergeant Looney stated Lieutenant White did not go out on the operation but she told him she would be monitoring the radio. According to Sergeant Looney, lieutenants do not normally go out on operations. He stated, "I mean, lieutenants don't - I can think of only a few occasions ever working Vice where a lieutenant ever went out with us on an operation." (page 109:13-15)

Sergeant Looney was asked if he felt comfortable with the number of officers he had to manage for the operation. He stated, "Yeah, I felt comfortable because I felt like everybody knew what they were supposed to do, we had briefed, we had planned for this thing." (page 109:25-110:2)

Sergeant Looney stated that as he and his team left the department, lnvestigator Miller got a call from lnvestigator Pender. They were informed that the suspects wanted to change the location to Forest Meadows. Sergeant Looney recalled that location had been discussed briefly at the briefing. It was a possible location that the suspects had mentioned to CI Hoffman during one of the phone conversations. Everyone at the briefing had been fine with the location. Sergeant Looney gave the go ahead for Forest Meadows that was relayed to

--..-.- --.. - ---- ----.- - 1.1. # 08-21

Page 122 of IS


lnvestigator Pender. According to Sergeant Looney, he believed most of the officers had a general idea of where Forest Meadows was located.

Sergeant Looney stated that he was not aware whether CI Hoffman knew where Forest Meadows was located or the area around the park. He was asked if knowing CI Hoffman was not familiar with area would have made difference. He stated, "No, and I will tell you why. Because we deal with students that we use as sources all the time and they are not from Tallahassee, not familiar with this town, and we do buylbusts with them and stuff. And a lot of them may not know where a particular location is at. That's the reason why we follow them, we give them direction, we follow them, have them follow us in. So her not exactly knowing where the park is, it wasn't no big deal." (page 118:lO-18)

Sergeant Looney stated that he heard investigators provide information on a possible suspect vehicle in the park. He was not convinced this was the actual suspect vehicle they were looking for. His team pulled north of the vehicle but could not observe it from their position. They could, however, tell if it tried to leave the park. No one got a tag or checked to see if it was occupied.

Sergeant Looney stated it was his understanding the lnvestigator Pender and Officer Pate were to keep eyes on CI Rachel Hoffman until she entered Forest Meadows. Sergeant Looney stated that he heard SA Lou Andris take over for lnvestigator Pender while they were on their way to Forest Meadows. When CI Hoffman pulled into the baseball fields, Sergeant Looney was not aware at the time that no one had eyes on her. He then heard lnvestigator Pender radio that he had her. He stated, "Pender ended up getting back on her. He came back on the radio and said, hey, I got her. At that point I said, he got her. 1 felt good then, he is back on her. He is back on her." (page 123:22-25)

When Sergeant Looney heard lnvestigator Pender on the radio advising the suspects were attempting to redirect CI Hoffman to the nursery north of Forest Meadows, he asked lnvestigator Pender to give him a call. Sergeant Looney wanted to make sure lnvestigator Pender told CI Hoffman she was to come to Forest Meadows only. lnvestigator Pender was not able to call Sergeant Looney at that time. Shortly after that transmission, lnvestigator Pender radioed he had CI Hoffman. This set Sergeant Looney at ease. It was his belief lnvestigator Pender had eyes on CI Hoffman. He stated, "He's on her now, he's going to make sure she gets in here. That's my thinking at that point. He's got her and he's going to make sure she gets here. He is going to follow her in here, then we'll take on the eyes once she turns in." (page 1257-1 1)

Sergeant Looney was asked if he knew lnvestigator Pender did not intend to follow CI Hoffman from the ball fields to Forest Meadows, would he have been comfortable with that decision. He stated, "To be honest with you, I wouldrather - she already turned into the wrong drive, I would rather for him to make sure

1.1. # 08-21 Page 123 of 199


she got up here to us. Because once - he wouldn't have had to follow her up here, just long as you see her make that turn." (page 126:25-4)

Sergeant Looney stated he spoke with lnvestigator Pender on the phone when he realized CI Hoffman should have had time to reach Forest Meadows. He asked lnvestigator Pender where CI Hoffman was. He stated, "He said, hey, she should have been there by now, I am losing her on the wire, I said, that's because she done past us. She should have been here by now. I said, do you still have eyes on her? And he said, no. I said, head north and get her turned around.

"See, I didn't know anything about the bad guys parked up there at the nursery at that time, I was talking to him on the phone. Only thing I was thinking had some concerns because she done went past us now and we don't got eyes. Ain't no deal breaker for me, but we need to get her turned around and I am thinking how she missed that turn, I don't know, but she done went past us." (page 128:24- 129:12)

Shortly after his phone conversation with lnvestigator Pender, Sergeant Looney heard SA Andris radio that the suspect vehicle is at the nursery on North Meridian. Sergeant Looney believed CI Hoffman might be going to the nursery. He told SA Andris to get eyes on the suspect vehicle. SA Andris radioed that he had to turn around. When SA Andris got back to the nursery, the vehicle was gone. SA Andris radioed that the vehicle must have gone south, back towards Forest Meados. Sergeant Looney thought he had SA Andris going south on North Meridian and lnvestigator Pender going north. His belief was that the suspects were heading to Forest Meadows so the teams stayed put.

At this point, lnvestigator Pender radioed to units that C1 Hoffman was on Gardner Road, a dead end, following the suspects. Sergeant Looney realized the deal had turned into a robbery. He ordered all the teams to leave Forest Meadows and go to Gardner Road.

On September 3,2008, lnvestigator George Creamer, Jr. conducted a taped follow-up interview in the Legal Conference Room with Sergeant Rod Looney. Sergeant Looney was reminded that the OathlPerjury Warning and the Police Officer Statement of Rights he signed in the first interview were still in effect. Sergeant Sam Gereg was present as Lieutenant White's P.6.A Representative. P.B.A. Counsel, Attorney Hal Johnson represented Sergeant Looney for the interview. Also present for the interview was lnvestigator Danielle Davis and court reporter Danielle Freeze.

Sergeant Looney was asked if he notified the Leon County Sheriffs Office and the TPD Communications center about the operation on May 7,2008. He stated, "1 don't believe - I don't believe I notified them." (page 5:7-8)

--" ----.----------..--*--- -- I '

1.1. # 08-21 Page 124 of 199 ' !

I


Sergeant Looney was asked if he gave any guidance or instruction to Investigators Corey Hale and Ray Finales, the first officers to arrive at Forest Meadows after the location was changed. For example, did he give instructions to look for activities and functions that might be occurring at the park, the suitability of the location for that period of time? He stated, "I don't per se - I know I didn't give them direct instructions. I don't think anybody else did, but, I mean, that's just kind of the norm. We get to a location, you know, if there's something going on there that is going to hinder -" He continued, 'I- our operation, or, you know, something - put some - you know, citizens in any type of danger or anything like that, then, yeah, we're going to move that location. 1 mean, once you get there, you're going to be able to see if anything is going on, so - but I don't think - no." (page 6:1-5)

He was asked if anyone checked the buildings, tennis courts, or pool area of Forest Meadows for issues that might effect the operation. He stated, "No, I don't think so, no." (page 7:5)

Sergeant Looney was asked the same question in reference to the Walmart location on the operational plan. Had anyone been assigned to conduct pre- surveillance on the location? He stated, "Same thing. Like I said,. you know, once you get there, you know, you make that evaluation once you get there." (page 7:12-14)

Sergeant Looney was asked if the Tallahassee Police Department's Vice Unit ever conducted an operation at the Walmart on Thomasville Road, 5500 Thornasville Road. He stated, "Not that I can recall, no." (page 7:25) He was asked if the Tallahassee Police Department's Vice Unit had ever conducted an operation a city park prior to the one on May 7, 2008. He stated, "Not that I can recall, no. Not right offhand." (page 8:4)

Sergeant Looney was asked if the operation on May 7, 2008, involving 15 officers was the largest operation he had done. He stated, "You know. Yeah, I mean, there was a lot of people out there involved and stuff like that, so I - I can't say for sure, you know, yeah, this is the largest one I ever done, you know. You know, 1 felt like, as far as my span of control, I felt like - you know, I felt good about it. I didn't feel like I was overwhelmed or anything like that." (page 8:18-24) He was asked if his lieutenant or captain asked if he felt overwhelmed or if there were too many officers for him to manage alone. He stated, "No. I mean, if that - if there was some concerns that I had, whether they said anything or not, I'd have made them aware of it, but, like I said, I felt comfortable doing the operation." (page 9:4-7)

Sergeant David Odom Sergeant David Odom, PBA Attorney Tom Klein, and PBA Representative Sergeant Sam Gereg were provided the opportunity to review the exhibits

1.1. # 08-21 Page 125 of 199


presented as evidence i n this investigation prior to his interview on August 27,2008.

At 10:35 AM, lnvestigator Danielle Davis cor~aucted a taped interview with Sergeant David Odom in the Legal Conference Room of the Tallahassee Police Department. Also present was Internal Affairs lnvestigator George Creamer Jr., PBA Attorney Tom Klein, PBA Representative Sergeant Sam Gereg and Court Reporter Ms. Sandra L. Nargiz. The MemberISubject Administrative Rights and OathlPerjury Warning forms were read, affirmed, and signed by Sergeant Odom. All parties present witnessed the forms.

lnvestigator Danielle Davis asked Sergeant David Odom how long he has been employed with the Tallahassee Police Department and he replied, "January will be 15 years."

lnvestigator Danielle Davis asked Sergeant David Odom what training he received related to vice and narcotics. Sergeant Odom listed over fifteen schools or training classes he has attended over the years. These schools included Federal Aviation Administration Investigation Related to Drug Investigation, DEA task force orientation, FDLEIDEA Indoor Cannabis Grows, and an Advanced Narcotic and Dangerous Drugs investigative course through FDLE.

Sergeant Odom stated he was the DEA liaison officer for the Tallahassee Police Department for four and a half years.

Sergeant Odom stated he has been In i Pender's supervisor since February of 2008.

lnvestigator Danielle Davis asked Sergeant David Odom what background checks are done in order to find out a Cl's history. Sergeant Odom replied, "There is obviously criminal histories. There is - t h e w 1 1 be done. There is also information we would contact local area law enforcement to determine that they are not working for another agency here in the area, such as the Sheriffs Office, DEA, and FDLE, for examples. There's also some background checks of where they work, their employers, their residence, those types of issues."

lnvestigator Danielle Davis asked Sergeant David Odom, 'What is done if a subject is on probation or parole?" Sergeant Odom replied, "Per policy, probation and parole is a requirement that the investigators, we need to get approval through the State Attorney's Office and typically it will go through the State Attorney's Office Probation or Parole Officer as coordinating their probation or parole for that individual, and then also through the judge." Sergeant Odom went on to state, "Pre-trial release is not a criteria within policy as an obstacle for having that individual become a confidential informant."

1.1. # 08-21 Page 126 of 199


When lnvestigator Davis asked about Drug Court, Sergeant Odom stated, "It's not a violation of policy to have drug court associated with a restriction of probation or parole. Probation and parole is separate from Drug Court."

lnvestigator Danielle Davis asked Sergeant David Odom, "Prior to this investigation that we are here for today, were you familiar with the Drug Court Program?" Sergeant Odom stated he was familiar with it. When asked what are the conditions for Drug Court were Sergeant Odom stated, "They are different for each individual. Typically the conditions are that they have to meet with the counselor, and that they will stay away from narcotics and selling of narcotics. They would also have to do urinalysis. Typically on some occasions they may have to have a job, they may have to go to school; there is some other criteria associated with it too. It's different for every individual."

Sergeant Odom explained department policy did not specifically address the Drug Court issue pertaining to the use of Cl's.

lnvestigator Davis asked Sergeant Odom about the CI packet. When asked what happens after a CI packet is completed he replied, "it will come to my office. Before it's actually completed and before the investigator will actually sit down and talk to a potential confidential informant, that investigator will come to me

I I and discuss that issue with me. And we'll have a conversation about this individual. Some of those conversations typically go to what kind of criminal history do they have, how forthright and how trustworthy are we starting to build this rapport, the potential what they can do for us in the future, and then credibility for what they are telling us to be accurate. Those factors I would say, yes, they meet those criteria for me; they will go back and actually document the individual as a confidential Informant." He went on to state, "At that point, once the confidential informant packet is completed, it would come to me and I review the CI packet, assign a number, and then notify the investigator that a number has been issued and give them a number associated with that individual. When I receive the packet, and it may take 15, 20, maybe 30 minutes to go through the packet and look at it. I may have some questions about the packet which they may not have given me fingerprints cards, for example, and I will give the packet back to the investigator and say there are some things that are missing associated with it and the packet comes back to me."

lnvestigator Danielle Davis asked Sergeant David Odom how he verified everything in the CI packet was the most pertinent information. He replied, "I will actually go through policy and make sure that the items that are in the packet are what's on that policy, which is typically what's in the packet itself." Sergeant Odom clarified this statement saying, "I don't need to go through the policy now at this point. I have done so may of these packets, I know what's in that policy, I know what's required in there to go through it. So I don't physically have to look in the prl:-., "

1.1. # 08-21 Page 127 of 199


lnvestigator Davis asked Sergeant Odom about the CI approval process. Sergeant Odom replied, "That's approval that's verbally done through me. When we are rolling or flipping or it's quickly moving along that the individual officers may not have time to actually fill out the packet, would sit down and have that pre-packet conversation, if you will, and we'd talk about it and I will give them verbal approval to use that individual. Yes, ma'am." Sergeant Odom stated he would eventually sign the packet, assign a number and file the packet, after logging that he went into the CI file cabinet.

lnvestigator Danielle Davis asked Sergeant Odom if all investigator contacts with Cls, telephone and in-person contacts, documented on the contact log. Sergeant Odom stated, "Face - to face communication, or if there may have been a problem. For example, I can give you a hypothetical that an individual got called by a target and the target says, hey, just so you know, I've got a death threat associated with me and there are people coming after me that may be put into that contact log itself." Sergeant Odom went on to state that listing each phone contact with a CI would be impractical.

lnvestigator Davis asked Sergeant Odom what his role and responsibility is relating to confidential informants. Sergeant Odom replied, "My role and responsibility is to oversee the operations and controls over that confidential informant." Sergeant Odom continued to state, "So my ultimate responsibility is over the investigator and over that confidential informant that they are doing what we are asking them to do."

lnvestigator Danielle violating the rues of recommendations to

Davis asked Sergeant Odom about the penalty for a CI the CI packet. He replied, "The investigators will make the supervisor; the supervisor and I, myself and the

investigator will sit own and we'll have discussion about what the violation was, how does that affect their status as a CI, with the fact does anybody else know, for example, or can we get past this. Sometimes we can't get past it. And if we don't get past it we terminate them as a CI and we move on." Sergeant Odom went on to state the lieutenant can voice an opinion and terminate the CI but a lieutenant has never advised him to CI after he has recommended a termination.

work a

lnvestigator Danielle Davis asked Sergeant Odom, "If a search warrant is served in someone's home and drugs are found, are they criminally charged prior to working as a CI?" He replied that sometimes they are charged and taken to jail and sometimes they will "hold" the charges until the CI does "substantial assistance." Sergeant Odom stated if the CI then does not provide substantial assistance the investigator will then pursue arrest warrants on the original charges through the State Attorney's Office.

Sergeant Odom went on to describe substantial assistance as, "an offer to an individual who is facing criminal charges." He explained, "By working on other

1.1. # 08-21 Page 128 of 199


criminal charges for law enforcement, they have an opportunity to do a reduction of charges or reduction of sentencing."

Sergeant Odom explained if the perscrt I 13 I axau after the search warrant and the person wants to work as a CI, then the State Attorney's Office is consulted. He explained further that if the charges are held after the search warrant is served and the person works as a CI, the investigator and himself will decide if the Cl's work is substantial assistance and if the charges will be reduced. Sergeant Odom explained, "I do not refer to the State Attorney's Office for CI approval." He explained this has been the practice in the Vice Unit since 1999.

According to Sergeant Odom, the State Attorney's Office has declined to define the term "substantial assistance" in written memorandum. He explained members of the State Attorney's Office would only describe what types of reductions or substantial assistance they wanted to see. He stated that after a case involving substantial assistance is closed the State Attorney's Office is not notified.

lnvestigator Danielle Davis asked Sergeant Odom what he considered as "not in control" relating to a confidential informant. He replied, "Going off doing things on their own, or misleading law enforcement and manipulating the operation so that, for example, the potential target is notified that law enforcement is working them." Sergeant Odom stated that if this occurs the CI is terminated because of the "officer safety issue." He went on to explain the manner in which a target was notified that law enforcement was working a confidential informant may play into the decision whether to terminate the confidential informant or possibly use the informant to work a different target. Sergeant Odom explained, "but if a person is capable of doing a separate organization that they don't know that each other is associated with each other, then, yes, you could go in that direction and work that as well."

lnvestigator Danielle Davis asked Sergeant Odom, 'Who has final approval on how the deal is going to work?" Sergeant Odom replied, "That's a conversation between the investigator and the sergeant, and quite honestly, the sergeant and lieutenant." He explained the lieutenant, sergeant and investigator would get together and discuss operations strategy and then he would brief the lieutenant as the case progressed. Sergeant Odom stated Lieutenant Taltha White has been his lieutenant since February of 2008.

lnvestigator Danielle Davis asked Sergeant Odom, "Would you have an issue if they went purposely to go meet with the suspect without your knowledge?" He replied, "If they went and met without our knowledge, we would have concerns only because I am losing some evidentiary value here of recording that conversation. If they were not clear directly of, hey, I didn't realize I wasn't supposed to meet with them, I thought I was doing it because I was going to help the case, then that's a little different story. If it was, listen, I told you three times,

1.1. # 08-21 Page 129 of 199

TALLAHASSEE POLICE DEPARTMENI INTERNAL AFFAIRS UNIT

stop meeting with them, and you are continuing to do it, we are going to cut you." Sergeant Odom went on to state, "It's not a science, it's an art here of how you deal with confidential informants."

Sergeant Odom was asked, 'What would a confidential informant have to do for you to no longer work with them?" He replied, "Lack of trust between myself and the confidential informant." He stated he speaks daily to his investigators about confidential informants and depends on his investigators to be forthcoming and tell him what's going on with their informants. He stated he has not approved of some potential confidential informants because of inactivity or if they have a violent history.

Sergeant Odom stated he has written over a hundred operational plans while working with the Tallahassee Police Department, the Florida Department of Law Enforcement and the Florida Department of Law Enforcement.

Sergeant Odom was asked, "And if a gun is involved are additional steps or safeguards put into place?" He replied, "It depends on the involvement of the gun. If we just think a gun is going to be present, it's notified in the operational briefing that guns will be present. If we think that the person may be physically armed and they are carrying that weapon as a sense of protection for themselves, then there's other steps besides this operational plan and it will end up being a tactical arrest, a tactical search warrant, whatever it may be, due to the level of the gun involvement."

lnvestigator Davis asked Sergeant Odom, "You are saying there's a difference between there's going to be a purchase of a firearm and the fact that a person may be carrying a firearm?" He replied, "Correct, If a person is carrying a firearm where they are saying to the confidential informant that -- or the confidential informant is telling us that this person is carrying the firearm for personal protection, that they have been ripped off in the past, that they are nervous about being robbed, then the steps that we would take is that we would include the tactical team and the tactical team would actually do the arrest, search warrant, whatever it may be. If we are just there to purchase a firearm, and that we haven no threat for it, that - the individual is going to make the purchase, we would not necessarily include the tactical team, no." lnvestigator Davis asked, "Okay. I'm confused because if you are going to purchase a firearm, they are going to be carrying it." Sergeant Odom replied, "Yeah, but what's the purpose of them carrying it? Are they carrying it to the operation to sell to the undercover or are they coming to the operation not for the purpose of selling it but for a sense of security for themselves? That's the difference." lnvestigator Davis asked Sergeant Odom, 'What assurances do you have that the person that's bringing the gun to sell is not going to use it?" He replied, "That's not the purpose of the deal itself. The purpose of the deal was actually to make the purchase. All right? If the information was the bad guy or suspect was carrying a gun as a sense of protection, then the tactical team would be used."

-- - 1.1. # 08-21

Page 130 of 199


Sergeant Odom explained there is a box on the operational plan to check if a gun was thought to be involved titled "other considerations." This would cue the investigator to mention the gun in the operational briefing.

lnvestigator Davis discussed operational contingency plans with Sergeant Odom. Sergeant Odon stated, "Contingencies in operational plans are there to let the operational personnel know that there may be different scenarios that take place here, that we may be doing this type of operation, but it may transition into something else. They are there so that everyone has the understanding in an environment where we can sit own and talk about it so they understand it. Now are contingency plans automatically part of an operational plan? No they are not. Those contingency plans are there if we anticipate or we expect that there might be a change based on information that we are receiving from the CI or during controlled phone calls with the suspect that they may not be comfortable with this location so we may deviate to a separate location. So that's where contingency plans come into play."

Sergeant Odom was asked, "What happens if the suspect doesn't like the contingency?" He replied, "Call the deal. If it's to the point where we don't like the location that they are choosing, if they don't like the location that we would agree on, or we can't agree to a location that they may be setting up, then we cancel the deal. That has happened."

Sergeant Odom was asked, "Does the suspect set the location?" He replied, "They do not determine the final location, no. They may make a suggestion that they want to do it at this location, and if that meets our parameters of a good location that we can use, then we'll use it. If it's not a good location that we'll use then we're not going to do that. Ultimately the decision to use it is really up to the supervisor." lnvestigator Davis asked, "So a suspect can suggest a location but the decision is left up to the supervisor?" He replied, "Correct."

Sergeant Odorn stated the investigator and sergeant discuss a potential operations plan and after completion it's up to the sergeant to approve it and sign it. The investigator then makes five copies and Sergeant Odom said he keeps an unsigned version and if he approves the plan he signs it and give it to his lieutenant to pass up the chain for approval and signatures.

lnvestigator Davis showed Sergeant Odom the Internal Affairs unsignea copies of the Operational plans for May 7Ih and April 22"d and asked if there were signed plans available. Sergeant Odom stated, "I can't tell you about May 7'h because I wasn't there for that deal, so I wasn't involved in the planning there. For this plan here on April 22, though, is that I signed off on it and sent it on up to the next level. Now where that copy ended up going to with all the signatures, 1 have no idea." Sergeant Odom stated if a plan is not approved by the chain of command above him it would come back down to his level unapproved. He said he never

--

1.1. # 08-21 Page 131 of 199


receives an approved operation plan with five signatures on it. Sergeant Odom states he receives final approval verbally from his lieutenant.

Sergeant Odom was asked if the lieutenant and captain go out o t ~ uperations. He replied, "The captain has gone out on operations and the lieutenant has gone out on operations. But that is not a consistent day-to-day deal for them to come out in operations."

Sergeant Odom was asked, "During an ( n, who is responsible for watching the confidential informant?" He replrea, ryprcally it's the case agent and monitoring team. It may be one and the same. Or a surveillance officer may assist them. It just kind of depends."

Sergeant Odorn was asked, "Is there an acceptable amount of time where a CI cannot be watched during an operation?" He replied, in essence, that it was acceptable under certain circumstances for minimal amounts of times.

Sergeant Odom stated he was in training on May 7' and was not involved in the planning for that operation but did speak to Lieutenant White and Captain Connell that same day. He said, "I talked to Lieutenant White just briefly that they we're preparing to do the operation and some minor details about, hey, we are going to go - the guys that you tried to do on April 22, we are going to try to do those guys. Then I received a call from Captain Connell later in the afternoon and he was asking some questions about flash money and things of that nature. So he and I engaged in a conversation about that and I presumed it was related to this case."

Sergeant Odom stated operations briefings are not attended by the Deputy Chief and typically last twenty to twenty-five minutes. He said, in essence, that once the operation plan has started anybody could stop it if something didn't look right or there was a safety concern.

Sergeant Odom was asked, 'When did you learn mere was going to De a search warrant served on Ms. Rachel Hoffman's apartment?" He replied, "I learned the day of the search warrant that they were going to do it and I was notified by Lieutenant White." Sergeant Odorn advised he did not participate in that search warrant because he was in TAC training. He stated he knew there was no supervisor on scene and, according to Sergeant Odom; lnvestigator Pender got permission from Lieutenant Taltha White to go ahead and execute the search warrant.

lnvestigator Davis asked Sergeant Odom, "Do you know what level or quantity of drugs she was moving or what level player she was?" He replied, "She, according to lnvestigator Pender, she was an individual that was capable of selling or moving, using you term, about 15 pounds of hydroponic or high grade cannabis."

- - - -- --

1.1. # 08-21 Page 1 32 of 199

TALLAHASSEE POLICE DEPARTME., , INTERNAL AFFAIRS UNIT

Sergeant Odom was asked, "Did you review her criminal history when you went through the packet?" He replied, "Yes, I did." Sergeant Odom stated he was not aware Rachel Hoffman was participating in Drug Court but if he was aware he would not have, necessarily, notified his lieutenant or captain. He advised it was not against policy and, "there's no special needs we would have had to facilitate still using her as a CI."

Sergeant Odom was asked, "Did you and lnvestigator Pender have a discussion on what substantial assistance Ms. Hoffman needed to provide?" He replied, "That's a question for lnvestigator Pender, He is the one that directly had that conversation with her."

Sergeant Odom was asked, "Do you recall seeing Ms. Hoffman at the police station between April 18 and May 7'"" He replied, "I saw her on the 1 8 ' ~ , the day that she was completing the packet, very briefly. When I say briefly, walking by, seeing her in the interview room. Did not engage in a conversation with her at that point. And then I saw her and talked to her on the 22", briefly."

Sergeant Odom was asked, 'Why didn't you sign the packet on the 22"?" He replied, 'We were doing the operational plan that day. I was in training that day. When I left the training that day, I came in specifically to do the operation and to review the operational plan and go through the briefing and then work on that operation. I wasn't there to do administrative tasks at that point. My focus that day was to do that operation."

'What did he (Pender) tell you about- me that - and this was a phone call that he and

a potential source of supply for Rachel and that apparently had confronted Rachel over the weekend after her arrest and discovered that she was arrested by law enforcement. And she apparently t o l d yes, I was arrested by law enforcement, and 1 am working as a confidential informant. And then- in turn, said okay, I can help you if you want me to, and they had a conversation about that."

Sergeant Odom stated he signed off on confidential informant packet stating he did this becaus a h e criteria.

lnvestigator Davis asked, "You did not have a concern with the two confidential informants knowing each other and working a deal?" He replied, "No 1 didn't and initially I had a conversation with lnvestigator Pender about the effects of Ms. Hoffman notifying- about the fact she was now working for law enforcement and that oing to compromise other cases that we were work. He said, no, &ants &me in and work on her behalf, becaus

against doesn't w t to et in trouble, doesn't want to have criminal charges filed db s o b s t wants to step forward and do it." Sergeant Odorn

1.1. # 08-21 Page 133 of 199


explained, 'I knew when I approved that confidential informant packet that- was working on her behalf."

Sergeant Odom was asked 'Were ou aware that Ms. Hoffman had made arrangements to pay for assistance counting toward her substantial assistance?" He replied, "No I was not. I would not have approved that."

lnvestigator Davis asked, "Did you know who -presented to lnvestigator Pender as potential drug dealer to be arrested?" Sergeant Odom stated, "I know that there was a couple, that one was an individual named which everybody knows now at this point was working at a - -and there was another individual named Flea."

lnvesti ator Davis asked Sergeant Odom, 'Were you aware that Ms. Hoffman and & left the police station after their meeting with Investigator Pender on April 2lSt, and went to the place of employment of the very suspect

-who you just mentioned, and negotiated a deal?" Sergeant Odom replied, The way that was presented to me was that they were leaving the police station

on that Monday w h e n m e in to be documented and left here and was traveling on Tennessee Street headed back to the residence, and they were

I flagged down by - as they were driving by. Then that basically a happenstance meeting where they felt that they needed to stop, otherwise if they kept going, then W w o u l d be suspicious, hey, why are you trying to blow me off, those types of things. That's the information that was received." When asked if he was okay with this meeting Sergeant Odom stated, "Well I wasn't necessarily thrilled about the meeting and the reason why, because it .was evidentiary value that we missed in that meeting and that needed to be covered by law enforcement to make sure that we can monitor and get that information for evidentiary, purposes, yes."

Sergeant Odorn stated lnvestigator Pender told him about this unauthorized meeting with the target, Ms. Hoffman and and he approved of Ms. Hoffman's continued use as a confidential in ormant afterwards.

Sergeant Odom stated he notified Lieutenant Taltha White of this unauthorized meeting during a conversation in a training class. He stated Lieutenant White asked if any of the meeting was on tape.

Sergeant Odom said he found Ms. Hoffman to be a credible, reliable informant. He explained this trust was because, in part, she told them (Vice) when she revealed to (potential target), that she was working as an informant. Another was she seemed bright, educated and not nervous about working as an:informant.

-.-----

1.1. # 08-21 Page 134 of 199

TALLAHASSEE POLICE DEPARTMElr I INTERNAL AFFAIRS UNIT

Sergeant Odom stated he was not involved in the April 22nd operation but he verbally approved the plan. He said the suspect for that plan was known only as

Sergeant Odom stated he was concerned about this but added that, "it happens on many occasions."

Sergeant Odom was asked, "What steps did lnvestigator Pender take to identify the suspect?" He explained lnvestigator Pender took photos of the business, checked the license for the business, ran a city utilities check, ran tags and showed the CI s photos of the persons associated with the business.

Sergeant Odom was asked if he gave lnvestigator any direction on how to try to identify the suspect. He replied, "No, lnvestigator Pender is a very thorough investigator on doing background checks. He actually continues after the 22nd and ultimately identifies who it is by doing additional checks. He identified - if I remember correctly, he identified one of the two for the 22" - or for the 7Ih deal is what he does. So he does a great job dong that, quite honestly."

lnvestigator Davis stated, "So let me get this straight. The search warrant is April 17'~. On April 18Ih she makes controlled calls to

the police and she she revealed her CI status

to Hoffman go to

deal. April set up with an unidentified suspect. Is that

correct?" Sergeant Odom replied, "That sounds correct."

Sergeant Odom was asked, "Were you aware of what I just mentioned to you prior to the April 22nd operation?" He replied, 'Yes." lnvestigator Davis then asked, "Did anything cause you concern?" He replied, "No. ma'am."

Sergeant Odom was asked, "What assurances did the agency have that Ms. Hoffman had not rev s as a confidential informant to the suspect - like she did with r?" Sergeant Odom stated, in essence, that at that point, her motivation, trust, and honesty levels were, "pretty high."

Sergeant Odom stated that there was talk of a possible gun purchase in the deals planned in April but not a "confirmation." He stated he did not know how the gun was actually brought up. When asked if lnvestigator Pender told him anything about a gun on April 22"d, he replied, "No, the only thing he told me about a gun, being there, that there was conversation about a gun, that there were pictures associated with looking at a gun and everything else. That's what they were talking about, but that was never confirmed they were going to purchase a gun there on the 22", no."

1.1. # 08-21 Page 135 of 199


Sergeant Odom stated he was not involved in the May 7'h operation until 7:30 pm because he was on approved vacation May 5th through May 7th. He said he called Lieutenant White at approximately 7:00 pm and was made aware of what happened. He said he then responded and worked all night and the next day.

Sergeant Odom was asked how Sergeant Looney became involved in the operation on May 7'" He replied Sergeant Looney was asked by the captain to assist with the operation as the on-scene supervisor.

Sergeant Odom stated he has not had any issues with investigator Pender relating to the handling of confidential informants. He described lnvestigator Pender as, "Probably one of the best investigators I have in the vice unit."

On September 3, 2008, lnvestigator Danielle Davis conducted a second taped interview in the legal conference room with Sergeant David Odom to clarify a few items from the first interview. Sergeant Odom was reminded that the OathIPerjury Warning and the Police Office Statement of Rights he signed in the first interview were still in effect. In addition, the following persons were present: Internal Affairs lnvestigator George creamer, Jr., PBA Representative Sergeant Sam Gereg, PBA Attorney Tom Klein, and court stenographer Danielle Freeze.

Sergeant Odom was reminded of the Garrity notice and administrative perjury warning he signed during the August 27, 2008 interview, and was reminded he was still under oath for this interview. Sergeant Odom acknowledged he was still under oath.

Investigator Davis asked about the fact that although Rachel Hoffman was a C1 before er CI number (1 129) was higher than

(1 127). Sergeant Od CI numbers are not assigned in the number of the submission of the CI packet. He explained

investigators leave the CI packets in a stack on his desk for review and number assignment. If there are multiple CI packets to review at one time, the CI number is assigned in the order in which he finds it in the stack, not upon the date of the review submission.

lnvestigator Davis asked Sergeant Odom if he reviewed C1 Rachel Hoffman's CI packet prior to her being used as a CI in the planned April 22, 2008 drug deal. He stated, "No, I did not." He stated he understood what was in the CI packet from talking with lnvestigator Pender, and once he did review the packet, found it to be completed accurately. Sergeant Odom told lnvestigator Davis he did not remember if there was NCICIFCIC information in the packet, but stated, "there was a criminal history check in there."

1.1. # 08-21 Page 136 of 19!


Sergeant Odom was asked if he had ever discussed what he knew about Rachel Hoffman with Sergeant Looney. Sergeant Odom stated "No", and stated he "never had an occasion to talk to him (Looney) about that."

Lieutenant Taltha White: Lieutenant Taltha White, PBA Attorney Tom Kleln, and PBA Representative Sergeant Sam Gereg were provided the opportunity to review the exhibits presented as evidence in this investigation prior to his interview on August 28,2008.

On August 28, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with Lieutenant Taltha White after being advised of her Oathiperjury Warning and Police Officer Statement of Rights. Sergeant Sam Gereg was present as Lieutenant White's P.6.A Representative. P.B.A. Attorney Tom Klein represented Lieutenant White for the interview. Also present for the intenriew was lnvestigator Danielle Davis and court reporter Sandi Nargiz.

Lieutenant White has been employed at the Tallahassee Police Department for approximately 21 years. She was asked to describe the assignments she has had during her employment. Lieutenant White stated, "Started in July of 1987, 1 was on the power squad from August of '88 to September '89. I was on the selective enforcement squad from, that was a TDY position, COP squad, it was called collective enforcement, from September '89 to January '90 because it was a three month TDY assignment; crime prevention officer from January 1990 to March 1991, field training officer from March of '91 to October of 1992. 1 was promoted to sergeant in October of 1992 and was southwest patrol sergeant on midnights from October of '92 to June of '96. Sergeant Alpha COP squad from June of '96 to June of '99; Field Training sergeant from June of '99 to August 2004; Crime Prevention sergeant from August 2004 to May 2005, at which point I was promoted to lieutenant. And I was a Watch Commander and the Commander of the Special Response Team. Commander started November of 2004 to present, and I have been lieutenant since 2005, started the watch office, then went to Vice Unit, it was January 28 of 2008." (pages 8:15-9:9)

Lieutenant White was asked how much experience she had in Vice prior to being assigned as a lieutenant. She stated, "The TDY assignment was - again, remember the nighttimetdaytime vice, it was the nighttime vice Lieutenant Maureau across the street, so we had three months there. COP squad, we did a lot of things, it was a lot of drug work also; drugs, prostitution, and neighborhood issues kind of stuff. So we did that for three years." (page 9:14-20)

Lieutenant White was asked about the training she received for Vice when she took over as the Vice Commander. She stated, "The formal training as far as vice and narcotics, I met with Lieutenant Montgomery for a day and he took notes - understand, Vice is not just - the lieutenant up there is not just Vice. You

------ - 1.1. # 08-21

Page 137 of 199

TALLAHASSEE POLICE DEPARTM~N I INTERNAL AFFAIRS UNIT

have got - you are the lieutenant over the crime analysis unit, you are lieutenant over the Crime Intel Unit, and you are lieutenant over the Vice Unit, and then lieutenant for the tech spot, so it's not just Vice.

"So I met with Lieutenant Montgomery, he went through each section, I took notes about that kind of stuff. I don't know if I am answering your question or not, but that's the kind of introduction that I got going into the unit." (page 10:lO-22) Lieutenant White stated her meeting with Lieutenant Montgomery lasted several hours. They did not discuss Vice Standard Operating Procedures (SOP).

Lieutenant White was asked if she received any formal training as to what Vice investigators do. She stated, "No." (page 11:l) Lieutenant White was asked if she had expected further guidance and instruction on the Vice Unit. She stated, "It was an understanding with me going in that you had two veteran investigators/sergeants that 1 would use and Captain Connell. Because again, administrative, there is more to getting this position than being a Vice lieutenant. There is - because I was very familiar with Crime Analysis and the STACC (Statistical Tactical and Crime Control) I have been involved in that for a long time.

"The intel is a little bit new to me except I was already doing crime intel, so I knew some of the that stuff too. Of course, the tech I knew, talking about Chris Corbitt, I knew that he could go and track a cell phone and I knew he could put trackers, but I didn't know all the stuff he could do. That's a continuous learning process, because he is learning, he gets new stuff every day.

"So the understanding was that, you know, all the ops plans and everything was going to be run through Captain Connell anyway, if I had any questions, to come to him. And depended on the two sergeants because they had more experience than I did. But they were the field operato~ m more the administrative overseer." (pages 14:19-15: 14)

Lieutenant White was asked what her duties were in reference to confidential informants (CI). She stated, "Nothing directly to confidential informants. Confidential files, 1 do a quarterly review of the files, an inspection is actlially what it is now termed. I have no signatures on the confidential informant files, and I keep, I maintain the key. Mine are the responsibility for the files, not the confidential informants, the confidential informant files." (page 16:7-13)

Lieutenant White was asked what her responsibilities were in reference to operational plans. She stated, "Even though there is not a signature place for me to sign them, the plans, after the sergeant - let me tell you, the plan itself ends up coming to me to review and go over it and then I walk it up to Captain Connell. But the - it's an ongoing process throughout the day, two days a week. It's a constant talking and talking, until you get down to writing it. We hash - we vet a lot of things out; what if we do it this way, what if we do it that way. It's usually

1.1. # 08-21 Page 138 of 199

TALLAHASSEE POLICE DEPARTMENIT INTERNAL AFFAIRS UNIT

the tactics kind of thing, it's not talking about the confidential informant. And it's talking about bad guys and the tactics." (pages 16:15-17:l)

Lieutenant White was asked what responsibilities she had when it came to ongoing investigations and oversight. She stated, We'll try to do a weekly meeting, but I will tell you right now it wouldn't always happen weekly, but usually Mondays afternoon at 1:30 we will have a meeting and I would just take notes, where are you at on the case, what do you have going because my captain is going to want to know what you have going. Are you having any or are you anticipating any search warrants, anticipating any buylbusts? What do we think about doing this week?" (pages 17:23-18:6)

Lieutenant White was asked what she considered a major investigation and would she consider the investigation involving CI Rachel Hoffman a major investigation. She stated, "It was - for me it was major because of two things. We were using more money than I had done. I know they had done bigger deals but this was a new one for me. It was the first time that there was discussion of doing a buylwalk, hit it directly with a search warrant kind of, and having an anticipatory search warrant, had never done any of that.

''The buylbust, yes, I was familiar with, so that buylbust part of it, if it went to a I parking lot, I was fine. I was familiar with that. But the other side of it was

different for me; again I am in there for three months, actually a little bit less than three months because of the other training I went to. But it was - so a lot of things were new to me but that was one that was new. Buylbust and do search warrants I was familiar with this, but this was a case that, major in that it was a lot of discussion going on." (pages 21:9-22:2)

i e CI fil d, ''The Lieutenant White was asked if she reviews tl es. She state1 Way that Lieutenant Montgomery explained it to me for quarterly inspections, he said Looney used -would do them and let me know that he did them. When I came I didn't want to do it that way. I wanted to go into the cabinet with Odom and Looney, and the last one I did was - I only did one because I was only there three months - with Odom and we just picked some random files, opened it up, made sure all the signatures were there, made sure all the documents that were supposed to be there were there, not just see criminal history checked, no, I wanted, everything had to physically be there, the prints were there, everything was there, take a glance at the log and see, has this person been used recently? Are they staying up - if the last date is 2006, we need to take a look at this, is it time to deactivate it, that kind of stuff. We would randomly pick a few. And I would mark, actually the way that I did it is marked it in the book that said on this date, did quarterly inspections." (pages 24:21-25:15)

Lieutenant White was asked if she expected her supervisors to keep her up to date on what was going on with the different Cls and did they do this. She stated, 'Would I expect it? Yes. Did they? No, minus Pender telling me about

1.1. # 08-21 Page 139 of 199


the Hoffman thing. I didn't even know her name. I can only think of one CI before May 7' that I know a name, and that was one of Suleski's and that was because it had been an ongoing thing for so long. That's how Suleski referred to them. Most the time they don't refer to them by name. They will refer to it by case. As a matter of fact, Pender says do you remember the girl from Polo's On the Park that I did? Yes, I didn't know her name until after she went missing." (pages 2525-26: 10)

According to Lieutenant White, she had never directly supervised a confidential informant. She had never sat in on an investigator interviewing a confidential informant. Lieutenant White stated, "No, when I was a sergeant I oversaw the confidential informant because I was one that signed, I was the sergeant, I signed off on the packet. None of them were assigned to me; they were already assigned to the other COP squad officer. In that three months back in '90s when I was at - I know I did one search warrant, but I don't know that I did it with a confidential informant. I thing I did it just off, based on crime stoppers information. So have I directly had a confidential informant assigned to me? No." (page 27:4-17)

Lieutenant White was asked what ner expectations were as to how her investigators discussed being a CI with a suspect. She stated, "I expect them to follow - the packet follows policy. And then they are going to ask him who do you know, what do you know, how do you know them, how much can you - they are going to try - 1 would expect because again back in the COP squad days, you would find out what your normal - what do you normally do. You try to get them to tell you about themselves first. And then if they mention so and so, so you go over to Popcorn's house and get some, how does he get it, what do you know about him, how often do you go, and you just keep working on, working around." (pages 28:24-11)

Lieutenant White was as d what background checks are done on potential Cls. She stated, "They look i b hey do - they run - they usually, because of the photos, is an easy one of use, they run their DL, if it's a Florida DL, put that in there. They do their CJlS check, FCICINCIC check." (page 33:2-5)

Lieutenant White was asked whether pretrial release would be an issue with enlisting a CI. She state, "lt's not listed in policy." Lieutenant White was asked if pretrial intervention would be an issue with enlisting a CI. She stated, "lt's not in policy." She was asked if these were issues with her. She stated, "No." Lieutenant White was asked if she knew what Drug Court was. She stated, "No. I know - can I rephrase? I know just from working the streets that there is a drug court. What my personal - I've never personally gone and said to the State Attorney or anybody and said what is drug court? What do they have to do? My gut tells me, and I may be completely wrong, that it's like a misdemeanor diversion program. Have I ever gone to court and said what is misdemeanor

1.1. # 08-21 Page 140 of 199


diversion? My understanding is if you do what you are told, then you don't have the charges, you are not really charged with it.

"I am assuming, again, that that's part of the drug court also, is that you have an opportunity to follow the rules, whatever they happen to be, and if you don't violated those rules, whether it's just make sure you come to the court, I don't know. But I don't know what the rules, that you want to be formally charged with it or it's dismissed, the charges are dismissed." (pages 33:17-34:16)

Lieutenant White stated that had she known the conditions of the Drug Court program and had known those conditions is that the participant cannot be in possession, of drugs and cannot use drugs she would have contacted the State Attorney's office for guidance. Lieutenant White was asked if one of her supervisors had known the conditions of Drug Court and had knowledge a CI was in the program, would she have expected the supervisor to inform her. She stated, "If - drug court has never come up the three months I was in there, didn't come up the day of May 7'" If Pender and his - when he was sitting there, 1 know we are going to get to this. If Pender was sitting there telling me the story about this CI and how we got it and happened to say she is in Drug Court she - the reason she can't come in until 5 o'clock today is because she has a UA, because she is in Drug Court, she has to do a UA for a Drug Court. How about that, let's put it that way.

"And that probably would have gotten my attention and I would have said, Drug Court, how does that fit in? Does that fit in with the parole and probation rule? What have we done with this in the past? That would be Looney and Pender sitting right there in front of me. And if their answer had been we already checked into it, it's not a problem, we keep going. If the answer had been, I don't know, we never thought about it before, it's not in policy. Then my next question is: What is Drug Court? Anybody know? If it got to the point where they couldn't give me these answers, we didn't know, I would say let's check into it." (pages 37:ll-38:lO) Lieutenant. White stated that she had not been informed that CI Rachel Hoffman was in the Drug Court program.

Lieutenant White was asked if verbal approval of a CI packet was sufficient to start use of a CI. She stated, "They would have to do the whole packet, they would have to - and I want to answer that. They have to do the entire packet, they've done the background checks, the sergeant asks the questions, have you checked for the parole and probation, blah, blah, and they said, yes, because the sergeant may not be in the office for whatever reason or talk to them. Verbal approval is fine. The packet is sitting on your desk, Sarge, when you get back." (pages 39:24-40:7)

Lieutenant White stated she is briefed on cases, not Cls. She stated, "So I am not talking about their Cls, I am talking about their cases. Now in talking about

------------.- ------------- 1.1. # 08-21

Page 141 of 199


the case, are they saying what their C1 is doing and what they are not doing?" (page 42: 1 1 -1 4)

Lieutenant White was asked what type of issues with CIS she would expect to be brought to her attention and what she would expect her sergeants to take care of. She stated, "Some of both. The investigators are going to be dealing directly with the sergeant on what the CI is doing. And again, both my sergeants have more experience that me. Most the time they are making the decision, they are just coming to tell me what it is. Has anyone of them come to tell me that, hey - I am going to deactivate the CI because they've done this, this and this? No. In the three months I have been there, no, it hasn't happened. I am sure it has happened before me." (pages 43:20-44:4)

Lieutenant White was asked if she would expect to hear from her supervisors andlor investigators should a CI be arrested. She stated, "On a case that they were already working and it messed up their case, yeah, they would tell me that." The question was clarified to reference the Cl's arrest only, not affecting an ongoing case. She stated, "I would probably hear it. Do I expect to hear it? 1 don't know, I wasn't there. It's a tough -"

Lieutenant White was asked if she at any time sat down with her sergeants and I told them what she expected to be notified on concerning Cls. She stated, "No, I

hadn't. And I probably, as you learn the job and things happen, then you are going to - ok, wait a minute, guys. This is the kind, just like as a patrol sergeant - this is the kind of things you got to call me and tell me, this is what I need to know. And because even though you kind - buy no, did I have a formal sit down, these are the kind of things I want you to tell me? No." (pages 44:23-455)

Lieutenant White was asked if it was a hindrance that the lieutenant leaving the position had such a short period of time to go over Lieutenant White's new position with her, such a short period of time for her to shadow someone in this position. She stated, "Absolutely." (page 50:20) She was asked if Captain Connell provided her guidance. Lieutenant White stated, "Not in particular, not necessarily each individual function of the job but in the overall, he would kind of, if you have any questions, come to me. Just - I don't have any notes that I sat down and talked to him. Have we had many conversations about - he would come downstairs, I would go upstairs, how is it going? What are you doing? That kind of stuff. Or I am going to need - on these ops plans, this is what I need. this is what I am looking for. If I bring him one, we made changes. I can't tell you a time that I went up there that he didn't find something that he wanted different in an ops plan and I would take it back down." (page 51:20-52:8)

Lieutenant White was asked if she voiced any concerns reference orientation and training for her position in Vice. She stated, "No. And I am not trying to voice it now, I am answering your questions." She continued, "No, I had two veteran sergeants as far as their experience in the unit had a fairly experienced unit, I

1.1. # 08-21 Page 142 of 19!


had - the newest one came on board was Ray Finales when I was there on K-9; that's kind of actually different. And everyone else was there before me. And I had a captain that was very hands on, very accessible. I could call him any time of the day or night, was expected to call him any time of the day or night if I needed anything.

"So I am not voicing that I am concerned. I am answering your questions; you are asking me did I have a policy. But I knew if I was uncomfortable about anything, that I could go to him, and 1 could actually ask the sergeants first and look at policy." (page 52:19-53:7)

Lieutenant White was asked if Captain Connell gave her guidance on how involved he wanted her to me in the Vice Units day to day activities. She stated, "No, the closest we came to talking about that - and again, you are only focusing on the Vice Unit. He gave me direction on all this. On the Vice Unit thing, I said look, I said, I am not looking to go out and do the buylbust and the search warrants and everything every time with these guys. He goes, no, no, no, no, I don't want you to. I said I don't want to be one of the boys. I want them to look at me with respect, but I am going to go out on one here, one there, just so I can see what they are doing. And so I can - I want - 1 can do it as an overall observer of what they are doing. And that's what I ended up doing.

"I had two search warrants, one on each side, one on interdiction and one on general and one delivery. I had not gone on any buylbusts. I went to the buylbust training that Boccio put on. And 1 went, I said did one control delivery, again bringing up the rear kind of thing." (page 53:15-54:8)

Lieutenant White described an operation on which she joined the Vice Unit in the field. She was asked what made that operation one she felt she needed to be involved in the field. Lieutenant White stated, "It involved other agencies, that and it was an all day kind of deal. And I didn't have a role as in you are going to impound this house. I was just there again."

Lieutenant White was asked if Captain Connell gave her direction as what operations he expected her to be in the field on. Lieutenant White stated, "If I brought him an ops plan and he said I want you here on this one, he didn't - because we talked about every one. So if he wanted me on one -" (page 55:lO- 12)

Lieutenant White was asked questions concerning different types of operations, buylbust and control buys, and different funds of department funding for each operation. The questions concentrated on using money from the Flash Fund for a control buy operation.

------- ----.--.- ."-- - 1.1. # 08-21

Page 1 43 of 199


Investigator's Note: Per General Order 14 (Cash Management), Flash Fund monies are "used by the Department for 'show' when dealing with drug and narcotic offenders".

Lieutenant White stated, "On April - on the May 7'h Rachel Hoffman. What do you want you to call the thing we were going to do at the house? So that was - I told you that was new to me. So that was the discussed with the captain. Captain says, Look, it's - we are still to immediately go over and have the place secure. We are going to immediately go in there and get the money. So yes, the money can stay inside. We are going to go in and get the money." (page 72:l- 11).

Lieutenant White explained that Flash Money can be under their control without having eyes on the money itself. She gave the example of knowing the money is in a house and the Vice Unit having the house surrounded or having the money in the possession of a CI and having the CI under observation. Lieutenant White stated that it was common for CIS to operate alone in buylbust operations under the observation of Vice investigators.

Lieutenant White had been in the Vice Unit as a l~eutenant for approximately 3 months on May 7, 2008. She had no experience as a Vice investigator or sergeant. She was asked if she relied on the experience and training of her two sergeants and captain. Lieutenant White stated, "Let me tell you, I have worked with Captain Connell, Sergeant Looney, and Sergeant Odom for years. And time and time and time and time again, they have shown very good judgment, very knowledgeable people. And I trust them whether I am there or not. I trust them to make good decisions. And so did I have - you know, I would come up with some things: Can you do it this way? Oh, yeah, I haven't thought about that. Sometimes, no, we tried that before, this is what happens when you do. Those kind of things. It's not like I was a complete moron and didn't do anything.

"I had input in it, but did I - I knew - and I don't know if it was set up this way when Montgomery was there or not, but I knew that when I sat down with the captain to go over the operation plan, if he said this is good, then it was good." (page 85: 18-9)

Lieutenant White was asked if during the discussion operation anyone had an issue with the plan for Summerbrooke. She stated, "The discussions I had about the May 7'h was with Pender, Looney, and Captain Connell. So yes, we discussed that back and forth, the pros and cons of doing it that way. And, of course, until we actually - the first information we had was just it was a house in Summerbrooke. We didn't even have an address. Of course that was way early into the conversation. We had to figure out where the house was, so we should know what was going on there. But so yes, it was - we discussed about the pros and cons of all of that." (page 86:25-87: 13)

1.1. # 08-21 Page 144 of 199


Lieutenant White was asked if it is clear in the operational plan who is assigned to watch the CI. She stated, "All the ones that - the three months that I have been there, whoever is monitoring the CI, and which usually is the case agent is the one that's watching the CI. That's how it happened. Even though it's not - it's actually on the ops plans, who's the monitor and all that kind of stuff. But that's how it goes." (page 90:l-6)

Lieutenant White stated she had never filled out an operational plan but had attended briefings and read operational plans in the past. For the operation on May 7, 2008, Lieutenant White was present for the planning but did not see the completed operational plan or attend the briefing at length. Until she saw the operational plan the following day, the only location she knew to be on the plan was I-!.

Lieutenant White was asked who is involved in choosing the location for an operation. Lieutenant White stated, "It is. I know you heard this answer before, and it's the absolute truth. You can have -just like that particular thing, you have the house, that's a set thing here. And then if it could go - because it there is any other discussion about any other places it might happen, because that's usually what happens, if you had Walmart, Forest Meadows, Pan Station, and

I Circle K as scenario two, they are all the same because they are a parking lot, they are all suitable for - to do a buylbust.

"So you could list all four of those on there if you want - if that's what you want to do. But everything would stay the same. The tactics would stay the same, the arrest team one will always be arrest team one, arrest team two would always be arrest team two. Everything stays the same.

So who determines -we determine the final - okay. If they say we're going to do it at Forest Meadows, whether we discussed it or not, that's - I know that's a - but we'll get to that. Just say we are going to do it at Forest Meadows. If that's a suitable location for us, and we can beat the CI there, get set up, see what it looks like; see if everything is okay, then that's a suitable location so we agree to it. If we get to Forest Meadows and there is Maclay track team sitting there, they are all out in the parking lot or they're having a big tennis tournament that day, we go, uh-uh, get her to call him back, this ain't going to work." (page 97: l l - 98:16)

Lieutenant White explained the approval process for an operational plan in general. Those involved vetted out between the investigator and sergeant. Later the lieutenant and possibly the captain are involved in hammering out the possibilities. After the planning is done, the investigator does the background work and types up the operational plan. Lieutenant White stated she slightly changed the procedures at this point when she joined the unit.

1.1. # 08-21 Page 145 of 199


When I got there, they would bring me four or five copies of the thing and it would be signed off. And then what would happen is I would go through it, I would find mistakes. So we just wasted these five copies. So it was just a constant battle. So again, I am learning these things - you got to go - I said, Wait a minute, this is the way I want you to do it. We were just getting into this. Bring me a copy. And one of the first things I write on it is "Draft" when I got it, put a sticky in case it turned out to be a good one. And I would start reading through it.

"If I didn't find anything wrong with it, it was signed, it talks about what we talked about. Everything is - looks good. Then I take it and I physically go to - and walk it up to Connell. If he is not there, I would leave it there and say, call me, this is something they want to do today, tomorrow or this is not until tomorrow. Whatever happens to be. So he is not there, he would end up calling me. And instead of talking about it on the phone, most of the time I would go up there with him. But if he called me up and says, Hey, I looked at the ops plan, looks fine, looks pretty good. Very rarely if ever did that happen." (page 100:8-101:9)

According to Lieutenant White, her sergeants were instructed on this procedure. She wanted the investigators to' keep the signed original on the operational plan. Lieutenant White was to be given a signed copy. If she approved of it, she would

I make the copy for Captain Connell. If he approved, she would make him the copies he needed to brief the rest of the chain of command.

Lieutenant White was asked how this process worked for the May 7, 2008 operation involving CI Rachel Hoffman. According to Lieutenant White, she was assigned to monitor a project from the city's Information System Services (ISS) several days earlier. ISS needed to access all computers directly to update software. A supervisor had to be present for this project in each section. Homeland Security and Special Investigations (HSSI) was scheduled to be updated on May 7, 2008. Sergeant Odorn would be on vacation and Sergeant Looney was off duty at 3 prn. Lieutenant White volunteered to be present while ISS completed HSSI. Lieutenant White stated that she was also preparing for a Run for the Money day with the Special Response Team (SRT) the following day, May 8,2008.

When the May 7m operation was discussed, Lieutenant White reminded Captain Connell of the ISS project scheduled for that day. According to Lieutenant White, Captain Connell stated, "I got it," meaning the operational briefing. Lieutenant White would still be involved with the planning but Captain Connell would take care of the briefing.

There were several issues that came up with the ISS project. When Lieutenant White came back to her office she looked for a copy of the operational plan on her desk. There wasn't one. Lieutenant White dropped by the briefing. Investigator Pender was briefing o n e 0 1 She looked on the table

- --

1.1. # 08-21 Page 146 of 199


for an extra copy of the operational plan but did not see one. At this point she was approached by Officer Ray Roa who was doing the ISS project. One of the Vice computers, lnvestigator Boccio's, was locked. Lieutenant White got lnvestigator Boccio out of the briefing to fix his computer. She then stayed with Officer Roa. Lieutenant White stated, "So that's - my duties starting at 3:00, 3:30 on involved the - it involved the - doing the computers. So I don't know what Pender did with it." (page 108:14-16)

Lieutenant White was asked if she considered calling in Lieutenant Wheeler to help with the ISS project. She stated, "That would have been something that I didn't think about doing. I don't even know what Wheeler was doing that day; I couldn't tell you. He may have not been there; I don't know. But Captain Connell said, I got it. So there was not an expectation for a lieutenant to be on scene." (page 1 10:5-I 1 )

Lieutenant White was asked if, with all that was going on, she considered postponing the operation. She stated, "A lot going on every day up there." (page 11 3:18) She stated the only out of the ordinary business was the ISS project and preparing for SRT practice.

Lieutenant White was asked if she voiced any wncern that she had not seen a copy of the operational plan. She stated, "Well, because something - because of the outcome of this -the operational plan, the mistake in the operational plan on the first part (referring to a typo and misprint on amount of drugs to be purchased) is not what got Rachel Hoffman killed. The only thing that would have done is if I had seen that plan, I would have had the top part corrected. All the tactics would have stayed the same. Okay? It wouldn't have changed; none of the tactics would have changed." (page I 14:8-17)

Lieutenant White was asked about the search warrant performed on Rachel Hoffman's apartment on April 17, 2008. She stated she was aware lnvestigator Pender was working an investigation and was made aware by lnvestigator Pender when he started typing up the search warrant. While lnvestigator Pender was completing the search warrant, officers on scene reported Rachel Hoffman had exited her apartment and was giving consent to search. lnvestigator Pender completed the search warrant. According to Rachel Hoffman, no one was in the apartment. She provided officers with keys. lnvestigator Pender and officers on scene did a quick briefing and then searched the apartment. An operational plan was not completed and a supervisor was not on scene for the search warrant. Lieutenant White stated, "Yes. It was an informed decision that I made. Okay. No dynamic entry, it's a one-bedroom apartment, they've been watching it, nobody's come and gone, she says nobody is in there and she's admitted, hey, I've got a quarter pound of weed and some pills inside. That's - that was a decision that I made. There's no sense in doing - getting everybody there." (page 122: 19-25)

-----.---.- --.-- ----- 1.1. # 08-21

Page 147 of 199


According to Lieutenant White, during the April 22, 2008 operation involving CI Rachel Hoffman, she was in school at the Pat Thomas Academy. Sergeant Odom was with her. Sergeant Looney called and provided a brief synopsis of the operation being planned. She was told the Career Criminal Unit (CCU) would be involved and they were planning to utilize a sniper on a building near the target location. Lieutenant White stated, "...and I stated, well, that seems pretty extreme but you guys handle it. I am not going to supervise from out at the academy in the middle of a six-day training class." (page 126:lO-22)

Lieutenant White stated that she had no role in the April 22"d operation. She recalled Sergeant Odom telling her at the end of the day that he was going to head in and assist with the operation. She also recalled speaking to Sergeant Odom during breaks in the class. At that time she did not make the connection between CI Rachel Hoffman and that operation. Lieutenant White was not given the name of the CI for the April 22"d operation.

Lieutenant White stated the first time she recalled being briefed on CI Rachel Hoffman was on May 7, 2008. She was asked to describe that briefing. Lieutenant White stated, "On May 7, late in the morning, I know Pender normally comes in at 11:30 but - so it was somewhere in the at time, could have been - but sometime late morning. Looney and Pender walk into my office an say, hey, we need to talk to you about this plan that we are trying to put todether, what's going on with this operation. So that's when Pender is really doing the talking. Looney is sitting down, they sit down in my chair. And I don't know if he starts with the amounts or with the background. So we'll just go to the background.

''The background is, hey, remember the girl on that - the Polos on Park. Yes. I remember that. Well, we documented her and then do you know we tried to do a deal back in April. I said, okay, I don't know that I knew that that was the same CI, but, yes, I know that deal didn't go for some reason. Yeah, they couldn't come up with all - this is a continuation of that deal. The guy's now saying we got the product.

"So that may have been when he said we are going to do 15 ecstasy, we got a gun (reading from her notes). He describes we are either going to go 25 or 22, one is silver, one is dark - you know what I am trying to say. And one costs more than the other. He gives me one guy that we have been talking to, he spells out the name for me, we call him - he goes by- but he spells out the name, - black male, date of birth. I asked what his history is, DWLSR, weed, hemp. There was another guy supposed to be his brother or something, his brother- I don't know anything else about, I put -, three question marks. So he is kind of outlining the deal. So that may have been how that flowed.

"From there he says, okay; let me tell you about how we got here. You know about the search warrant, I got it, she came in, she wanted to work. Yes. When

---- ---- --------."-.- - 1.1. # 08-21

Page 148 of 199


she comes in. she tells me some guys that she can do and one of them that she - - was going to do is . So she is going - we start placing some control calls t ey en up golng to text messaging and that stuff, so we set up a deal with- I don't remember what the deal was, whether it was ecstasy or whatever. We set up a deal f o r m She ends up calling me - I think

ven said I don't remember if it was that night or the next day, but I get a call rom her that says I've got some good news and some bad news for ou. So

he's telling me the story. He says, well, the bad news is after I l e f t , b called me, confronted me, and said, hey I heard your place got raided, are you trying to set me up, and she confesses. She says, you are right I am sorry. I have - I did. And Pender says I - Pender is animated when he says I asked what the good news is the good news i a w a n t s to come in and help me out.

a n t s to meet y o u . m a n t s to tell you w h d k n o w s and help me out.

'And m first question to Pender was: Why in the world w o u l m o that? Why d o e d a n t to do that? And he says, well, they are no-nd girlfriend, she has a l l ) but my belief is t h a t k e s her, is sweet on her, the term.)used is sweet on her. So my - he said my interactio because remember this is well after the - this is on May 7Ih. So my reactio r i b IS kind of sweet on Rachel. That's w h m s doing it. I said okay. So that causes me to pause a little bit. And keep going.

i "So anyway,-omes in, I d o c u r n e n t ~ , ~ c t u a l l y does a deal f o r m guy named Flea. We get that done. It went fine, did a buylbust on him. We did that on the 24Ih of ~ ~ r i . Didn't have any problems there.- And then when I am documenting - but that time I am documenting-asmtarts talking about this guy n a m e d a t the -there and so we are going to end up work on him once I get more information. I send them - they go on their way. And I get a call from Rachel again, I believe it was that night, said, hey, I want you to know that when we left there, we ended up - actually I don't know if it was a phone call or in person, but he gets the infor When we left there, we were driving by, sees us, flags us in, and iliwb introduces them and they actually do an introduction outside my corL--' ixrol.

! said it "And I said, what do you think without it. He didn't really hurt our case, remember I told her she can't do that, but at the same time they can't avoid these people. And it didn't hurt our case. We actually completed the introduction. And so he ends up telling me that. That, hey, that's what happened. Okay. But -- I am not saying this - only one -

"So in my mind 1 am going kind of going over things in my head as far as I asked Pender what does this do for your case. Really other than the fact that I can't use anything that happened there in my case, it doesn't hurt my case. They have actually done the introduction, so we've actually done something we were going to do anyway. That was one of our options was to do an introduction. So it really didn't hurt my case." (pages 130:l-132:16)

-

1.1. # 08-21 Page 149 of 199


Lieutenant White wastasked if she relaye'd'this background to Captain Connell. She stated she did recall that Captain Connell came in during the conversation. Lieutenant White was not positive when Captain Connell came in but she believed it was at the beginning of the discjsdon on CI Rachel Hoffman. (page @0:24)

Lieutenant White stated, "As far as going in my head as far as do we Wave any problems with Rachel to continue to use her. She was truthful to him. She was - she ended up - I related this. If this makes sense to you." Lieutenant White continued, "So I am thinking, you know, yeah did she do some things that she's not supposed to go make the contact, not%upposed to tell anybody that you are working CI. But she dF%lnlt try to hide it from Peder. She told Pender exactly what happened immediately told him what happened and the reasons that she did the way she did it. And so I didn't think it took away from heV,Eredibility. And it added. to her character side of it." (page 135:2-I 0) Y.

6 . C. - 1

~ieutenaht White was asked, after reading the transcripts of other interviews, did CI Rachel Hoffman's explanations sound believable. She stated, 'What - you are asking m o inion. What ibelieve is t h a t a i d I want - because I remember is t h ~ n e who didn't want - you are asking me after

I reading all the transcripts. .- is the one that says you need to do this face to face; he doesn't do this stuff on the phone:' I believe that-is the one that took her over there to do it after reading everything.

"Talking about May 7, the way Pender was presenting itto me, I don't know what Pender knew before. I have no idea. I am saying the way he presented it to me is that it just happened." (page 137:lO-21)

Lieutenant White was asked if she knew of the financial arrangement between CI Rachel Hoffman and - for o r k to count towards her substantial assistance. Lieutenant White stated she %as not aware of that arrangement and would have expected to be advised of it if her sergeants knew of it. Had she know herself, Lieutenant White stated that she would have provided that information to Captain Connell for guidance.

Lieutenant White was asked if there was an issue with a CI that was involved in an operation that she was being briefed on, would she expect to be informed. She stated, "Yes, I would. I would expect it and I imagine because that's what happened on that particular one. I had not had any other backgrounds on any of the other ones because - 1 guess I am assuming because there was no problems. But, yes, I would expect it. That's exactly what they did, they told me what their issues were." (page 147:3-9)

Lieutenant White was asked how much she knew of the efforts to identify the suspect 0. She stated, "A direct thing was that when one of the meetings

- -

1.1. # 08-21 Page 150 of 199


broke up, I guess it was the first one, I know that Connell says directly to Pender in front of me and Looney, Pender, you got lots and lots of things to do. Don't do it all by yourself. Get someone else, get a couple of you other guys in there helping you identify, do everything you can to identify who -is. He said, yes, sir. He and Looney walked out the door. We talked for few more minutes. I don't know how long. But I know I walked in there to say Corey was asking, Corey, you working on trying to - he said I am finishing up what I am doing and will. And Watson says to me, hey, I think I may know who this- guy is. m guy I know is older than that. I said stop what you are doing, do everything you can, everything, get with Pender, get everything he knows and start looking to see if you can find anybody named get pictures so that Rachel can take a look at some pictures, see if we can't identify who -was." (page 154:15-155:8)

Lieutenant White gave a description of resources she knew the investigators were using to identify- In the end she was satisfied with the efforts to identify him.

Lieutenant White was asked if she had any concerns during the planning. She stated they always have concerns but none during this one that kept her from going ahead with the operation. She stated, "Yes, we vetted though everything that we could vet through. And it's inherently a dangerous job but felt like we minimized the dangers as we,could go through." (page 158:6-9)

According to Lieutenant White, the location of Forest Meadows came'up during a conversation with Investigators Pender and Watson. They stated CI Hoffman mention a park on Old Bainbridge Road. They already knew one of the suspects had a residence in Summerbrooke. Lieutenant White made the comment that she didn't know of a park on Old Bainbridge but if there was a park near Summerbrooke it would be Forest Meadows. That was the only time she recalled discussing the park. From her understanding during the planning of the operation, lnvestigator Pender was only, going, to include one location in the operational plan, 0 T6e"first she heard of the operation being done at Forest Meadows was when lnvestigator Pender walked into her office and used her radio to inform investigators that the location would be Forest Meadows. Lieutenant White stated it did not surprise her and she had no issues with the new location.

Lieutenant White was aware a firearm was part of the purchase CI Rachel Hoffman was making. She was asked if she was aware CI Rachel Hoffman had no experience handling firearms. She stated that she did not. She was asked if that caused her concern of if it should have been addressed. Lieutenant White stated, "It didn't come to my mind. It just wasn't a question that - I believe, again, in that briefing that Pender said she is the one that asked for a gun, kind - I don't know anything about guns, but I have been ripped off before. I didn't know that she never actually physically handled a gun. It didn't -" (page 167:25- 168:5)

-- -

1.1. # 08-21 Page 151 of 199


Lieutenant White was asked if this should have been addressed. She stated, "I don't know that it wasn't done." (page 168:lO) She was asked if she expected it to be done. Lieutenant White stated, "What are you going to tell her? He is going to hand you a gun?" (page 168:12-13) Lieutenant White was told the direction being referred to was what CI Hoffman was to do if handed the firearm, where to place it as investigators moved in on her vehicle during the deal, how to hold the firearm in a safe manner, a safe place to put the firearm for all those involved. The statement was clarified to addressing CI Rachel Hoffman and how she was to handle the firearm should the suspect hand it to her. Lieutenant White stated, "Never crossed my mind until you said that right there." (page 170:3)

Lieutenant White was asked about the assignments of lnvestigator Pender and Sergeant Looney. lnvestigator Pender was monitoring his TPD radio, DEA radio, the wire on CI Rachel Hoffman, his cell phone; he was driving, and observing CI Rachel Hoffman with some assistance from Officer Chris Pate. Lieutenant White stated that was not too much for him to handle but was regular duties. Sergeant Looney was managing an operation with approximately 15 officers. As far as span of control, Lieutenant White was asked if this was an unusual amount of manpower for one sergeant to direct and manage in the field. She stated, "No, you manage in teams, so no." (page 175:13) Lieutenant White was asked if there was any reason to believe there should have been additional supervision in the field assisting Sergeant Looney. She stated, "No." (page 176:2)

Lieutenant White was asked if at any time she felt the tasks she was doing at the department were interfering with her responsibilities in reference to monitoring the operation as it was in motion. She stated, "I don't have to monitor the operation. Looney is doing it from the field. Either 1 am going to be there in the field and be part of it or not. I just happened to say I would be listening out for you guys. If I had heard something, just like Connell, if he had heard anything on the radio, or something that was happening that we needed to say anything, I would have said it. But was I - I did not believe that myself or Connell were part of the field operation." (page 176:9-I 7)

Lieutenant White monitored the radio during the operation. From the radio traffic, it was her understanding that lnvestigator Pender and DEA Special Agent (SA) Lou Andris were following CI Rachel Hoffman on North Meridian Road. At one point SA Andris took over surveillance. CI Hoffman took a wrong turn into the Meridian Sports Complex south of Forest Meadows. lnvestigator Pender spoke up and stated he had CI Hoffman at that point. Lieutenant White was not aware that lnvestigator Pender was not going to follow C1 Hoffman from the Meridian Sport Complex to the entrance of Forest Meadows and that no one would be observing CI Hoffman during that period.

- --" -. ---- ----- 1.1. # 08-21

Page 152 of 199

TALLAHASSEE POLICE DEPARTMEk I INTERNAL AFFAIRS UNIT

Lieutenant White was asked if she would have approved of that decision had she known. She stated. "That's a tough one because we know what happened now." (page 183:13-14) The question was clarified and Lieutenant White was asked if she would approve any investigator to lose sight of a CI carrying money to a buylbust for that distance by choice. This would not include traffic situations that are beyond the investigator's control. She stated, "For that to go - I have to try to answer this way. For that to go, it would had to have been on the radios - I mean, it wouldn't have been something we would have planned ahead of time. If he had told me this is what I am planning to do, 1 am going to go in the ballpark and there's not going to be any eyes on her, no. There's no reason that we couldn't do this differently. We can make sure she turns in." (page 183:20-184:2)

On September 3,2008, lnvestigator George Creamer, Jr. conducted a taped follow up interview in the Legal Conference Room with Lieutenant Taltha White. Lieutenant White was reminded that the OathlPerjury Warning and the Police Officer Statement of Rights she signed in the first interview were still in effect. Sergeant Sam Gereg was present as Lieutenant White's P.B.A Representative. P.B.A. Counsel, Attorney Tom Klein represented Lieutenant White for the interview. Also present for the interview was lnvestigator Danielle Davis and court report Danielle Freeze.

Lieutenant White was asked if she recalled having a conversation with Sergeant David Odom about CI Rachel Hoffman while they attended a class at the Pat Thomas Law Enforcement Academy on April 22, 2008. She stated, "No that I recall." (page 5: 18)

As a follow-up to earlier conversation about Vice Standard Operating Procedure (SOP) and revisions to Vice SOP, Lieutenant White stated she was looking through her emails and found several correspondences between she and Sergeant Stan Hoover, Office of Professional Standards (OPS). Lieutenant White sent several revised Vice SOPS to Sergeant Hoover in March of 2008 for approval. These emails documented this.

Captain Chris Connell: Captain Chris Connell, Don Pumphrey, Jr., Esquire, and PBA Representative Sergeant Sam Gereg were provided the opportunity to review the exhibits presented as evidence in this investigation before his interview on August 29,2008.

At 12:44 PM, lnvestigator Danielle Davis conducted a taped interview with Captain Chris Connell in the Legal Conference Room of the Tallahassee Police Department. Also present: Internal Affairs lnvestigator George Creamer Jr., Don Pumphrey, Jr., Esquire, PBA Representative Sergeant Sam Gereg and Court Reporter Mrs. Sarah Gilroy. The MemberlSubject Administrative Rights and OathlPerjury Warning fonns were read, affirmed, and signed by Captain Connell. All parties present witnessed the forms.

1.1. # 08-21 Page 153 of 199


Captain Connell has been employed by the Tallahassee Police Department over twenty-two years, and was appointed as the division commander over the now defunct Homeland Security and Special Investigations (HSSI) Division in 2004. Captain Connell has about two years worth of previous work experience in vice operations as an investigator in the late 1980s, serving in both the "crack squad" and general narcotics unit. His vice and narcotics training is limited to basic drug identification training he received in the 1980s.

Captain Connell explained that as the HSSI division commander, he provided "management oversight". and guidance to the lieutenants he supervised. He relayed that he had "very little" of a role in dealing with confidential informants, and that his "overall assignment per policy" was to make sure everybody else in his chain of command was "complying" with the regulations concerning the use of confidential informants.

In describing his role in preparing operational plans, Captain Connell stated he normally reviews search warrant plans and non-spontaneous buy-bust operations, and provides "guidance and feedback to the lieutenant or the sergeant in the lieutenant's absence." He added later, "when it comes to an operational plan, I will usually get a fairly thorough (briefing) of what brought us to a certain point."

Captain Connell stated that he normally did not attend operational briefings, but if his schedule allowed, or was specifically requested to be there, he would attend. He stated that if he was in attendance, he would "provide guidance" if he felt it necessary.

Captain Connell was asked which supervisor, in terms of rank, should attend the operational briefings, and he stated, "The sergeants should be there." He added, "1 don't normally let an operation go without at least someone with stripes there." He also relayed that although the case investigator usually does most of the speaking, "the supervisor is ultimately responsible for conducting the briefing."

Captain Connell, in explaining his role of participating in a vice operation, stated, "I very seldom ever go out on an operation." He continued by stating his "presence as a captain tends to direct focus away from the supervisors. So at times, I will monitor." He further explained he did not want to take action on scene "countering what a supervisor is trying to do" because he did not have as much information as the supervisor about the operation. Captain Connell described his part is such operations as a "support role", and stated if he did respond to a scene, it was typically to "check with the officers and see how they did."

Captain Connell explained after he became the HSSI division commander, he instituted a case management program that included weekly meetings where the

1.1. # 08-21 Page 154 of 199


goal was to have the sergeants and lieutenant in the meeting with all the investigators to discuss their open cases so "everybody in the unit knew what everybody else was working."

In regards to the training of Lieutenant White after her transfer to the vice lieutenant position, Captain Connell stated he directed the outgoing lieutenant, Jim Montgomery, to provide on-the-job training to Lieutenant White. In addition, Captain Connell stated he provided direction to Lieutenant White on various tasks he wanted addressed such as "personnel issues", working "long-term cases", and "policy revisions."

Captain Connell elaborated on the revisions ot vice policies, stating Lieutenant White had taken over the policy revision task from Lieutenant Montgomery upon her transfer to the Vice Unit. According to Captain Connell, he and Lieutenant White had "several conversationsn and met several times on specific issues Lieutenant White saw differently than Lieutenant Montgomery.

Captain Connell, when asked which supervisor needed to be present during a high-risk incident, stated, "the sergeant is a must" and "after that it really depends." He added, "Depending on the level of what it is, then it would be - it's not inappropriate for a lieutenant to go, but it's not mandatory." He concluded by stating it would be "fairly rare" for the captain to be on scene.

When asked to name the rank that fulfills the role of "unit supervisorn as denoted in Vice SOP 16, Captain Connell stated, "That would be the two sergeants."

In discussing what would be considered an unsuitable CI, Captain Connell stated his opinion of an unreliable C1 was "someone who is untruthful and unreliable."

Captain Connell relayed an accurate knowledge of the policy provision of contacting the State Attorney's Office when a CI is on probation or parole, and stated he felt "it's an issue" to use a CI on pretrial release status. He added that he knew Drug Court was a diversion program, and although there is not a policy prohibition against working a CI while they are involved in Drug Court, he believes "it would be an eliminating factor" for the person's use as a CI. Captain Connell added if knew a potential CI was involved in the Drug Court, he would want "contact (with) the State Attorney's Office before using that person."

Captain Connell stated it was not part of his management role to review C1 packets or CI files. He added that responsibility rests with the sergeants. Captain Connell also stated he has had conversations about CIS when being briefed on an operation where a CI is involved, and stated, "I can't think of a time where 1 just had a CI briefing." He later added that he had never told Vice investigators and sergeants what behavior he would not accept on the part of a CI, although he stated the reliability of a CI is a concern before an operation involving a CI.

----- .--*-..

1.1. # 08-21 Page 1 55 of 19


Captain Connell stated he received most of his case briefings from the lieutenant, and although there was no way to know if the lieutenant was telling him everything she knew about the case or operation, he would ask pertinent questions, and the lieutenant would provide answers;.. He described the discussed topics as "relevant information, safety informhtion."

Captain Connell was asked if it was the responsibility of the investigator to keep the sergeant and lieutenant aware of a Cl's actions, or the responsibility of the supervisors to stay aware of a Cl's status. He answered, "A little of both." He concluded by adding the investigator has the responsibility to keep their supervisor informed, but "the supervisors, through case management, should be asking those questions at the same tirr

Captain Connell was asked, "If a searcn warrant is served at someone's home and drugs are found, are they formally charged prior to them working as a CI?" to which he answered, "Not always." He elaborated by stating it depended upon their "substantial assistance." Captain Connell described substantial assistance as "a program - or run by the State Attorney's Office", that "allows someone to provide information that may be reviewed by the State Attorney or one of his delegates to be considered for reduced charges or sentencing at a later date."

Captain Connell stated that he did not "normally have much input" into the substantial assistance process, and he "would hope" the lieutenant was involved in the process through the unit's case management procedures. He added, "Ultimately, the State Attorney decides on what charges are filed."

As the discussion about substantial assistance continued, Captain Connell stated he assigned former Vice Lieutenant Jim Montgomery the task of working out an arrangement with the State Attorney's Office (with Assistant State Attorney Jackie Fulford) on the substantial assistance matter. Based upon Lieutenant Montgomery's work, it was Captain Connell's understanding that it was okay with the State Attorney's Office for TPD Vice investigators to not initially place criminal charges on a person who committed a crime, if that person was "someone who was going to provide assistance."

Investigative Note: In the interviews of Sergeants David Odom and Rodney Looney, an inconsistency was noted on how the sergeants approach the State Attorney's Office on the substantial assistance of a CI.

Investigator Davis asked Captain Connell, "Were you aware that there was an inconsistency with how the sergeants were approaching the State Attorney's Office?" He answered, "No." Captain Connell stated although it was his understanding that officers "had the ability to not charge someone" at the moment probable cause was established for an arrest, it was his position "that at

1.1. # 08-21 Page 156 of 199


some point in the near future, you started the dialogue with the State Attorney's Office."

Captain Connell was asked how much information on a CI did he require prior to approving an operational plan. When he replied, "I don't normally get into the informant background", He was asked was there any reason why? Captain Connell explained that he "trust the people who work with them every day, and the officers are working it, sergeants are working it, and possibly lieutenants by the time it got to me."

In addressing the amount of trust he believed should be placed in a CI, Captain Connell stated, "I never trust an informant." He added, 'That doesn't mean you still don't work with them."

Captain Connell was asked to describe a controlled buy, a buy-bust, and a buy- walk. In describing a controlled buy, Captain Connell stated it was "when either an officer, investigator, or an informant purchases, at our direction, narcotics or any other property for the purpose of an investigation or to obtain a search warrant at a later date."

He described a buy-bust as being "fairly close'' to a controlled buy, but making the arrest "right there, as soon as you have probable cause, or it is tactically or safety-wise practical to make the case."

According to Captain Connell, a buy-walk is different from a buy-bust because you allow the suspect to leave after making the purchase as "part of the investigative strategy."

In describing a Cl's is provided money searched and then

role in a controlled buy, Cz onnell stated "the informant to purchase" narcotics or orner property, and "thoroughly kept under supervision and sent to do the deal." He stated

the use of a CI in a buy-bust was "very similar" to use in a controlled buy, and continued by saying "the only difference to me in a buy-bust and buy-walk is that (in) a buy-bust there is an arrest immediately at the end."

According to Captain Connell, flash money is used for "investigative purposes", and "used in a buy-bust." He explained Deputy Chief Proctor is "the only one authorized to sign it (flash money) out." Captain Connell stated he has to brief the deputy chief in order to get the flash money, and considered the receiving of those funds an approval of the operation. He answered, "absolutely" when asked if it was safe to assume that whoever received the funds was responsible for money.

In describing what show money is, Captain Connell stated, "1 can show it to you and let you hold it with no intent of you ever leaving with it is probably the best way I can answer that."

1.1. # 08-21 Page 157 of 1 99


When asked what safeguards are put in place to make sure the money is safe during the operation, Captain Connell stated, "It depends on the case. It depends on the operation itself. There is - it kind of - each operation is different. You know, if you give it to an undercover, then you have, you know, certain safeguards just because it's with them. If you - if it's a - decided to give it to the CI, then obviously you have - you need more provisions in place."

Captain Connell was reminded of Vice SOP 10 which describes a buy-bust operation as a CI introducing an undercover investigator into a deal or opportunity for a deal, and that the investigator should make every effort to reduce the Cl's role in the case to that of merely making the introduction. He was then asked how often are Cls used alone in a buy-bust operation.

Captain Connell stated, "I can't quantify that answer for you. I don't think it's an everyday practice, but it does happen." He then clarified his answer by adding, "I know that they are used; I don't know how many times", and "as small a department as we are, our people (Vice investigators) are fairly well known. So we have to go with what they're comfortable with - what the informant is comfortable with and what they can do."

Captain Connell stated he approved of the use of CIS being alone in buy-bust operations, and relayed "it's probably done on a more regular basis than you realize." Additionally, he added, "It's been going on since 1987", and 'We did buy-bust in '87." He is not aware of an official memorandum authorizing this type of use of a CI. Captain Connell stated, "I know the deputy chief is (aware of this type of CI use), because he gets all the operational plans that I bring - that come to my desk go to his."

Upon inquiry about TPD Vice purchasing firearms, Captain Connell stated that the unit does purchase firearms (in undercover operations) more often than in the past, and he knew officers had purchased them. When asked whether or not CIS are used to purchase firearms, he stated, "I can't really cite a case where a CI did

1.1. # 08-21 Page 158 of 199


specifically. But I believe that there are." Captain Connell told me it was part of the May 7,2008 operation for CI Rachel Hoffman to purchase a firearm.

Captain Connell was asked what safety precautions are put in place for the CI and officers when there is the purchase of a firearm involved. His response was, Well, each operation is different." He elaborated by saying, "Depending on the site location, environment, the background of the suspects, who the informant is.

Captain Connell was asked what information, in his opinion, should be included in an operational plan, to which he replied, "All relevant information to the operation at hand, safety." I then specifically asked about information on suspects, weapons, locations, and what's being sought or bought. His answer for suspects and weapons was "Whatever is known at the timen, "Same" for locations, and for what was being sought or bought, "Correct. That's the relevant information, right." * When asked what concerns he has when a gun (purchase) is put into the operational plan, Captain Connell stated he expects "there to be a gun at everything." He elaborated by citing an increase in the number of firearms being recovered by officers and investigators, and stated, "lt's gotten to the point where you have to plan on there being a gun every time." Captain Connell continued, and said, 'We discuss the contingencies around it. And everybody is - these are - in the Vice Unit specifically, these are very well trained people."

Captain Connell described the approval process for an operational plan as beginning with the investigator working with the sergeant, and "usually the lieutenant is brought in at some point." He added, "The investigator and the sergeant are working very close together on this" and "lt's talked about quite a bit either the days before or day of, depending how much time is available. Then it goes to the lieutenant if they're not already involved."

Continuing, Captain Connell stated, "When the sergeant has his approval, it's then fowarded to the lieutenant. Lieutenant gives his or her approval." He added, "the formal approval process stops with the lieutenant."

Captain Connell also said he receives several copies of the operational plan; one for him, one for the deputy chief, and another for the chief. He stated, "If I have problems (with the plan) we give it back." He reiterated this sentiment by stating if he has concerns after viewing a copy of the plan or after receiving a verbal briefing, he would address the matter. He said, "They then go back and will take

- - - -

1.1. # 08-21 Page 159 of 199


care of my concerns. They will bring it to me." Captain Connell added that after he is okay with the plan, he takes the deputy chief a copy of the operational plan, and "If he (has) concerns, it may go back down. From there it's approved."

Captain Connell stated that the operational plan did not need to be signed to be considered approved. Investigator Davis asked, "And why is that?" Captain Connell said, "because sometimes it's a verbal process." He expounded by giving examples of verbal approval of an operational plan being given over the telephone by the lieutenant or himself, but them being physically unavailable to sign the form ("at home", a "Saturday" or "in the middle of the night*).

Captain Connell stated the lack of an approving signature "doesn't mean it's not approved, not vetted out and not planned, it's just there may not be a signature on that form."

Captain Connell said he is briefed on operational plans "at least" when he is provided a copy of the plan, but "many times" he is briefed prior to ever seeing the actual plan. In speaking about briefing other persons on Vice operational plans, Captain Connell stated, If I'm aware (of the plan), then 1 brief the deputy chief and sometimes the chief."

When asked how often he briefed the deputy chief on operational plans, Captain Connell stated, "Every time - I brief the deputy chief every time one of those plans come across my desk." He added that those briefings are either by phone or in person.

Concerning operational plan briefings, Captain Connell stated that everything in the operational plan is discussed at the briefing, and locations and contingency plans not in the operational plan are also discussed.

When asked why that happens, Captain Connell stated, "Well, the operational plan is an overview. It has detailed - it has information on the case, but sometimes the investigator will go over more of what got us there. The contingency plans - an operational briefing isn't a - there is a lot of other input that comes in. There (are) things, you know, better ideas come up. You might have, you know, somebody like me show up who really wasn't part of anything, and I might have input. So we want everybody in the room to have input so that we put together the best operation, the safest operation, and that, you know, maybe when you start out with an operational plan, someone who wasn't consulted has a better idea. So they throw out their idea, and we might change the plan."

Captain Connell stated everybody involved in the operation attends the operational briefing, including sergeants. He stated lieutenants attend "at times", the deputy chief "very seldom" attends, and he's only seen the chief at one such briefing.

1.1. # 08-21 Page 160 of 195


Captain Connell stated the authority to change something in the operation once it is in motion rest with the "supervisor on scenen, and he places the "overall authority" with that supervisor.

According to Captain Connell, a copy of the operat~onal plan is kept with the lead investigator in the case file, and he (Connell) keeps a copy; some with approving signatures and some without.

In specifically speaking of CI Rachel Hoffman, Captain Connell stated he first became aware of who CI Hoffman was on May 7, 2008. Before that date, he knew Vice investigators were working with a female informant, but did not know her name until May 7. According to Captain Connell, he was given some information about CI Hoffman's drug dealing in a pre-May 7'h meeting. He stated he remembers CI Hoffman being referred to as a "player", and that "she was moving a lot of marijuana, several pounds." He continued, and said, "At that point ecstasy came up. And then I was told there were other things found in her apartment when they served the search warrant: that she knew these guys that could, you know, supply cocaine and ecstas I there had been talk of a firearm."

Captain Connell stated there were no concerns brought to his attention about C1 Hoffman being used as a CI, and that based upon what he was told prior to the May 7Ih operation, he had no concerns of her being used as a CI. He stated he was not aware CI Hoffman was participating in the Drug Court program.

Captain Connell was aware of the search warrant service at Rachel Hoffman's apartment on April 17, 2008, but only after the fact. lnvestigator Davis asked Captain Connell, "Is a supervisor supposed to be on scene of a search warrant execution?" He replied, "No." Captain Connell stated he was not aware a supervisor was not on scene of the April 17 '~ search warrant service, but that due to the circumstances of the situation ("no forced breaching" and "cooperating defendant"), he did not "see a problem with it." Captain Connell further stated that he did not need to be notified of the decision to execute the search warrant at Ms. Hoffman's residence without a supervisor present because he "trust the lieutenant to make the decision" and "trust the sergeant to make that decision."

Captain Connell stated he was not involved in the approval of Rachel Hoffman as a CI, and that "went between Investigator Pender and Sergeant Odom."

Captain Connell was asked what he knew of the relationship between CI Hoffman a n d Although he stated he had been "subjected to a lot of information in the last several months", he stated what he knew then was "it was just an introduction from another source. That's how I remember it anyway."

1.1. # 08-21 Page 161 of 195

TALLAHASSEE POLICE DEPARTMER INTERNAL AFFAIRS UNIT

Captain Connell stated he did not know CI Hoffman had revealed her C1 status to m until after the May 7Ih operation. When asked if CI Hoffman revealing her CI status would make her an unsuitable CI, Captain Connell stated, "It depends on the circumstances." He further explained in this particular case, he "probably would have approved" the continued use of both Hoffman and

a s CIS while "cautiously moving forward."

Ca tain Connell stated he did not participate in the i D ecorning a CI. approva I process for-

Captain Connell stated that he was not aware that on the Pender met with Cl Hoffman to complete paperwork,, both CI Hoffman and person they were supposed to set up for a drug deal.

When asked did he know the meeting with "- was without the prior knowledge or approval of Investigator Pender, Captain Connell answered, "No." When asked if this action by CI Hoffman would make her unsuitable as a CI, Captain Connell answered, "Probably so." He added, "Again, a lot of it would be what was worked out, what were the circumstances around it, did - was it incidental contact?"

I

Captain Connell stated he was not aware CI Hoffman work for the Vice Unit in order f o m o r k to count toward her substantial assistance. When asked if that action would make her unsuitable as a CI, Captain Connell answered, "Yes."

Captain Connell was asked if he believed he was fully briefed about the use of Rachel Hoffman as a CI. He stated, "No." When asked if he would have expected more information to be provided to him about CI Rachel Hoffman, he answered, "Yes."

Captain Connell stated that a decision to stop using a CI is usually made "at the sergeant level", and "It normally doesn't come to me at all. But in this particular case, I don't - more information should have been made aware to the supervisor."

When asked specifically if he knew then what he knows now about CI Hoffman, would he have canceled her as a CI, Captain Connell said, "Yes." He stated he would expect Lieutenant White, Sergeant Odom and Sergeant Looney - if they were aware of the information at the time - to have canceled Ms. Hoffman's use as a CI. captain Connell added in regards to CI Hoffman paying m "Anything that has to do with one informant paying another, no."

Captain Connell was asked if he was aware of the first operation with Ms. Rachel Hoffman. He replied, "I believe I received a phone call with Lieutenant White,

1.1. # 08-21 Page 162 of 199


who was in training that day. But she called me to tell me there was something getting ready to go on; it was a deal, and that Sergeant Odorn was going to be coming to the station - Looney was working on it, but that Odom was going to come, and that they had a buy-bust that they were going to want to do, and that Odom was going to come in and run it." When asked what his involvement was Captain Connell replied, "I didn't go out. I got a copy of the operational plan. And I reviewed the material and contacted the deputy chief and made sure a

.memo was done so they could receive the money they needed." Captain C.

Connell stated the operation called for $6,000 and he was briefed by Sergeant Odom.

Captain Connell stated Sergeant Odom explained: "He just came up and met me and explained the parameters of the case, that they had - they were going to go into the tint shop. The plan was for the informant to drive into the place, that they believed that they were selling drugs out of the place, as well as auto parts. So it may potentially be a fencing operation. And so the informant was going to go in. And once they were inside, we would have a tight perimeter around the place. And as soon as she pulled away, we would then detain the people inside."

Captain Connell was asked if Ms. Hoffman had an undercover lnvestigator assigned with her and he replied, "Not that I'm aware of."

When asked if a gun was part of the April 22"6 deal as it was explained to him, Captain Connell stated, "I believe at some point prior that they had discussed a gun, but she was not there to purchase a gun."

lnvestigator Davis asked Captain Connell if it caused him concern that the two suspects listed on the operational plan were identified only as 0 and Flea. Captain Connell advised he discussed it with Sergeant Odom and asked, "Is this all we can do?" He said Sergeant Odom told him they had been checking but were unable to identify the suspects. Captain explained, "So although we discussed it, it wasn't totally a concern, because it was a very controlled location."

Captain Connell was asked, "Did you give any direction on how they could identify them?" He replied, "I didn't - I don't remember that I got into that. Usually I ask, have you done this? And I get told, we've exhausted everything."

Captain Connell stated he read and approved of the operation plan for April 2znd that was provided to him by Sergeant Odom. He said he was the final signature of approval. Captain Connell stated he believes Lieutenant White was aware of the operation plan.

Captain Connell was asked if there was a briefing for the operation on April 22nd. He replied, "To my - I did not attend. I'm - that would be our protocol. So I would have to say, 1 don't have knowledge that occurred, but it should have."

1.1. # 08-21 Page 163 of 199


Captain Connell stated he recalls the operation was cancelled because the suspects were unable to produce the full amount of what they were looking for.

lnvestigator Davis asked Captain Connell how he became aware the operation on May 7Ih 2008. He explained he attended a briefing with lnvestigator Ryan Pender, Lieutenant Taltha White and Sergeant Roderick Looney that morning. lnvestigator Davis asked, "What did you all discuss during that briefing?" He replied, "Investigator Pender kind of laid out what he had, that his source was - they had done controlled calls, and they had done a meeting, and that they were going to try and purchase, I think - I think even at that time he told me it was 1500 pills and about two ounces of cocaine, and that they were still talking about, they believed they might be able to buy a small firearm, that the - there was mention of a house in Summerbrooke, but that they were going to try and you know, do a take down in a lot - in a parking lot." Captain Connell stated he gave lnvestigator Pender instructions as far as trying to identify this other person and told him, "That we needed to do a whole lot more work at this point before we were going to move forward. They were talking about a house in Summerbrooke, but they had not identified the house, I believe, at that point. And I told them, if we don't know ahead of time where the house is, forget it; we're not doing this. We're not going to let her just drive up to the house. And then he found a little bit of information and came back. I said, come on, if you've got this amount of material, can't we take it a little bit further."

Captain Connell was asked about his main concern pertaining to this operation. He replied, 'We were not going to hit an unknown, and we were probably not going to do it without a search warrant." He explained he then discussed obtaining a search warrant, jurisdictional issues and obtaining other resources. He stated the amount involved and the gun basically met the criteria for adoption as a DEA case so he called Special Agent Mark Cutcliffe with the DEA who agreed to provide assistance assist.

lnvestigator Davis asked Captain Connell if Ms. Hoffman seemed capable of doing this operation. Captain Connell replied, "Yes, nobody said to me, we've got a problem with this girl; we want to use her any way. I was not aware there were any problems with Ms. Hoffman."

Captain Connell stated he approved the operations plan for May 7Ih and briefed Deputy Chief John Proctor. He stated Chief Proctor was out because of a doctor's appointment so he called him just to give him a "heads up" and to tell him he would need flash funds. Captain Connell stated Deputy Chief Proctor knew about the drugs and the firearm at that point stating, "I mean, he had what I had at that point." Captain Connell stated he made arrangements with Chief Proctor to meet at the station around 4:00 pm.

Captain Connell stated Deputy Chief Proctor approved of the plan and showed his approval by providing the operation with flash funds. He said he discussed

1.1. # 08-21 Page 164 of 199


contingency plans and had the basic overview of the plan that was provided over the phone initially. Captain Connell discussed the plan with Deputy Chief Proctor while they were getting the money from the Property and Evidence Unit. He said Deputy Chief Proctor did not voice any concerns but raised an eyebrow when he started talking about how the money was going to be going inside and would be out of sight for a few seconds. Captain Connell said he gave Deputy Chief Proctor a copy of the Operations plan but didn't remember exactly when he delivered it to him.

Captain Connell stated there was a memo completed to document the removal of the flash funs. He explained the $13,000 in flash funds were the responsibility of lnvestigator Ryan Pender who received the funds from Deputy Chief Proctor.

Captain Connell stated Lieutenant White approved of the May 7'" plan. He stated he was surprised to read in her transcripts that she did not. He also stated, in essence, there is a difference in a plan and a briefing. He said, "I've heard a lot on the plan. The plan is - you know, the piece of paper that's here to represent the plan. The briefing is final. And then even from there, the supervisor has the ability to change, based on new facts and circumstances, That's their operational control. That's why there out there."

Captain Connell stated that both of the contingency plans for May 7th were buy bust plans and he assumed that both the Chief and Deputy Chief were 'okay" with them. He said he briefed Chief Dennis Jones stating, "He didn't get a formal briefing from me. But I spoke with him during that day, kind of told him what we were doing, Now he didn't get the, we're going to this house and all that, but he knew we were taking the money out."

lnvestigator Davis asked Captain Connell, "Did you have any concems with Ms. Hoffman doing her first operation alone in her own vehicle with $13,000 of flash fund money?" Captain Connell stated he didn't have concems with Ms. Hoffman using her own vehicle explaining that has been the standard practice since he has been with the department. He stated, "you always have concerns, you're always worried about safety issues, you're worried about the informant's safety; you're worried about the officers safety; and you're worried about the suspects safety. All of those are concerns." Captain Connell stated he felt they had eliminated his concerns, and he was okay with the operation as it went forward.

Captain Connell stated it wasn't documented in the operations plan for someone to specifically keep observation on Ms. Hoffman. He stated, 'Well let me clarify it in a different way. I personally told lnvestigator Pender, as did the deputy chief, that the money didn't leave his sight. So if the money didn't leave his sight the girl didn't leave his sight."

Captain Connell was asked if there were differences between a gun coming into play for sale versus the suspect carrying a gun, He stated there was, but that it

1.1. # 08-21 Page 165 of 199


all depends, and it was situational. He stated, "I always assume there is always a gun there." Captain Connell was asked, " Do you do things differently because the gun is for sale." He replied, "I don't feel so."

Captain Connell stated, in essence, the gun was mentioned at the briefing on May 7'h and was "checked off" on the written plan. He said lnvestigator Pender discussed during the briefing the fact they were looking to purchase cocaine, pills and a firearm. He stated the documented drug amounts to be purchased were incorrect on the actual plan but he didn't feel like he needed' lnvestigator Pender to go back and amend the plan.

Captain Connell was asked, "As TAC commander, did you approve a plan where a female would go alone into a home with 13,000 and buy drugs and a firearm from two males, one unknown, and unknown what was in the house?" He replied, "Yes, Can I qualify that a little bit? I obviously had concerns. The fact that it was unknown that was believed to be the parents home, and it was their home, or one of their homes that we believed at the time too, I felt that we were - had an acceptable risk at that point - alleviated my concerns, anyway, plus I had all kinds of contingency plans or resources on the outside to deal with any threat that she might have gotten into."

Captain Connell stated he attended the May 7" briefing with lnvestigator Pender and Sergeant Looney and believed it to be a detailed briefing lasting about 30 minutes. He stated Lieutenant White stood in the doorway for the majority of the briefing. Captain Connell stated Lieutenant White was never part of the actual operation but didn't remember excusing her from the briefing. He explained the operation was being covered by Sergeant Looney stating, "it's what he does it's not what she does. Sergeants run the plans. In vice, the sergeants are the ones that take care of the field missions."

lnvestigator Davis asked, "Did you tell her, with reference to the briefing, quote unquote, I have it." He replied, "1 don't recall doing that. But that is - is a possibility that she could have come to me and said - because I was going to be there. So I'm not saying that she's wrong; I just don't remember having that discussion." Captain Connell stated Lieutenant White's obligation with the May 7Ih operation was the planning and coordinating part of it.

Captain Connell stated there were no photos of Ms. Hoffman or her vehicle available at the briefing. He said his duty at the May 7Ih operation was the approval process. He stated he got the money and attended the briefing. He stated he spoke at the briefing a discussed the possibilities of a robbery rip off.

Captain Connell stated he discussed Forest Meadows as a possible location but it wasn't mentioned in the operation plan. He said lnvestigator Pender was given primary responsibility for keeping his eyes on Ms. Hoffman.

---- - ---. -.-- --------.---- I

1.1. # 08-21 I Page 166 of I f ,


Captain Connell stated he monitored the operation via radio but missed the first part and heard mention of a flashing light on Meridian Road and units at Forest Meadows.

Captain Connell stated Sergeant Looney was the only supervisor on scene on May 7Ih. He stated, "He was the only supervisor out there. But these were broken up into areas of responsibility for teams

Captain Connell stated he did not direct L~euienant White to supervise the computer project that was going on at the time, he explained she volunteered. He stated he didn't want his lieutenants going out in the field; he wanted his sergeants in the field and his lieutenant monitoring the activity.

Captain Connell stated he did not feel Sergeant Looney was given an unusual number of people to supervise. He said he didn't have any concerns about the span of control during the May 7'h operation.

Captain Connell stated he spoke personally with TAG officer Jason Laursen and told him not to hesitate to get in there and get Ms. Hoffman if he felt she was danger or in jeopardy.

i Captain Connell stated he did not know if Ms. Hoffman had any experience with guns and did not know what she was told to do with the gun she was to purchase.

Investigator Davis asked Captain Connell, "In hindsight, was there any key information as a supervisor, you should have known that was not told to you?" He replied, "Her background - well the background of Ms. Hoffman. Had I known her background and the things that she was doing, we probably wouldn't have done this operation, - I don't know how much Pender knew."

According to Captain Connell, after the briefing he told Deputy Chief Proctor at the station about the operation briefing and discussed other issues. He explained he felt he had time because the DEA plane would take some time to get up. He stated he then went back to his office and turned on his radio.

Captain Connell stated he was not concerned when the location for the May 7Ih operation moved to Forest Meadows. He said, "I knew it was a remote possibility. So I was surprised that we weren't at the house or Wal-Mart, but not totally." He said Lieutenant White did not express any concerns to him when the location was changed.

lnvestigator Davis asked Captain Connell, "Was there any point, short of Rachel ending up on Gardener Road, where you thought of calling off the operation?" He replied, "No."

--------- 1.1. # 08-21

Page 1 67 of 199


Captain Connell stated he would have called off the operation had he had known at the time lnvestigator Pender directed Ms. Hoffman back onto Meridian Road, from where she went in the wrong entrance, without following her.

Captain Connell stated he did not consider calling off the operation when, at 6:46 pm, he heard DEA Agent Lou Andris spot the suspect's BMW at the nursery with nose facing out to the road.

Captain Connell stated he believed all of the TPD members on scene were 'deputized" by DEA. He said Lieutenant White told him she had all of the forms and that was his impression.

lnvestigator Creamer asked Captain Connell, "Just to clarify something, there is a point - and this is a question. I'm going to read it again, same one as before. lnvestigator Pender came on the radio, confirmed that he didn't have eyes on her, no wire contact, but he was trying to get her on the phone. She wouldn't answer the phone. He asked Special Agent Andris - And I think it was him and Looney - to keep eyes on the suspect vehicle. Andris radioed back, I've lost sight; I have to turn back around, doing a U-turn. At that point right there, did you think they were continuing with the operation, or they were looking for Hoffman at that point." Captain Connell stated, "They were looking at that point. They may have tried to go with the operation, but they needed to find the girl. I was really

I

tuned in at this point. Before then I'm kind of working in the oftice. Now I'm really tuned in. So now I'm listening to what's going on, more intent on what they're saying. They just need to find the girl. And I felt they were doing everything they could - again, I'm not there. Looney is kind of running it. He's asking questions. They're trying to get eyes on again. So-"

On September 4, 2008, lnvestigator Danielle Davis conducted a taped interview in the Legal Office conference room with Captain Chris Connell. Attorney Don Pumphrey was present as Captain Connell's legal advisor. lnvestigator George Creamer, Jr. Sergeant Sam Gereg and Court Report Sarah B. Gilroy were also present.

lnvestigator Note: September 4, was the second interview for Captain Connell. The second interview was conducted to clarify additional questions. On August 29, 2008 Captain Chris Connell was advised of the memberlsubject administrative rights. Captain Connell was also advised of the oathlperjury warning. Captain Connell stated he understood both statements still apply and he was still under oath.

lnvestigatoris note: Captain Chris Connell and Attorney Don Pumphrey were allowed to review the Internal Affairs Special Report and the Office of the Attorney General report.

- -- --------

1.1. # 08-21 Page 168 of 199


According to Captain Connell, when he was first briefed about the operation in reference to Ms. Hoffman, he was advised she would be operating alone in her vehicle. He was made aware earlier that day (May 7, 2008) that the "inforinant was going to attempt the purchase." Captain Connell stated the reason it was decided to allow Ms. Hoffman to go without an undercover, "at that time the informant was uncomfortable with that. So, fearing that would make her act differently, we didn't do it." (pages 9:20-25- page 10:l-2)

Captain Connell was asked if when he briefed Deputy Chief Proctor was it by telephone. Captain Connell stated that there were a couple of conversations. The first briefing he advised Deputy Chief Proctor they were planning a buy-bust later that day (May 7, 2008). Captain Connell advised Deputy Chief Proctor "it was going to be a continuation of the previous case where we signed out the flash funds" ($6,000). According to Captain Connell he advised Deputy Chief Proctor they were looking at potentially a house in Summerbrooke and then a buy-bust on the northeast side of town. (page 1 I :I-8)

Captain Connell stated he advised Deputy Chief Proctor they were also looking at Wal-mart at that time, and that there was a possibility of a park. (page 11 :9-10)

Captain Connell further stated he advised Deputy Chief Proctor he would get

I back to him later, "at which point it was a much more detailed conversation, where I had a little more information at that point." (page 11 :14-18) According to

ell they had already identified the place for the operation at the earch warrant location.

Captain Connell stated that he remember h ~ s conversation with Deputy Chief Proctor "fairly in detail." (page 12:l-2). According to Captain Connell he remembered Deputy Chief Proctor was a little upset with them because of the previous deal with the money. Deputy Chief Proctor inquired about the status of the previous deal. Captain Connell stated he advised Deputy Chief Proctor the money had been turned back in. According to Captain Connell, Deputy Chief Proctor told him he had not been notified the money had been turned back in. Captain Connell stated after checking with Ms. Wallace and Sergeant Odom as to the status of the previous operation, he reassured Deputy Chief Proctor on what had been done.

Investigator's Note: The "previous deal" was the April 22, 2008 operation that involved $6,000 from the flash fund.

Captain Connell was asked did he tell Deputy Chief Proctor that Ms. Hoffman would be alone in a car. Connell stated, "I told him that the C1 at that time was going to make the purchase. " (page 12:21-22). According to Captain Connell he does not believe he actually made the comment she was going to be driving alone in her car.

- ---

1.1. # 08-21 Page 169 of 199


Captain Connell stated at approximately 5:00 p.m. Deputy Chief Proctor called to meet him downstairs to rectify the money from the April 22 operation. According to Captain Connell, he and Deputy Chief Proctor had a general conversation about why they were there. Captain Connell advised at the time they were receiving the money for the operation, it was not a detailed briefing because there were other people sitting there. Captain Connell mentioned Investigator Pender came in at some point during their conversation.

Captain Connell was asked whether or not he told Deputy Chief Proctor that Ms. Hoffman would have the money alone. Captain Connell stated, "not in so many words." (14:l-4) Captain Connell further explained, Deputy Chief Proctor had concems how they were going to execute the search warrant at the house and he expressed concems about "the money being physically out of sight for a second or two." (page 14:12-13)

Captain Connell advised he assured Deputy .Chief Proctor they had containment on the house and the money was not leaving. (14:14-16)

According to Captain Connell he briefed Deputy Chief Proctor on several possible locations the operation would occur. Captain Connell advised he mentioned "the home in Summerbrooke, the Wal-mart, and the remote possibility

I of Forest Meadows." (page 15:Z-7)

Captain Connell advised lnvestigator Pender or Lieutenant White described the park to him, "it was the park where the white people play tennis." (159-1 1) Captain Connell said he remembered the conversation about the park with Deputy Chief Proctor because he felt awkward making that statement about the park to Deputy Chief Proctor that was made to him.

Captain Connell was asked did Deputy Chief Proctor know the exact details when Ms. Hoffman would be receiving the money. According to Captain Connell, he did not get into the details of all possible locations Ms. Hoffman was going to be in possession of the money alone. Captain Connell stated, "he believed he (Deputy Chief Proctor) knew that she was going to take the money into the house to make the purchase." (page 151 6-20)

Captain Connell stated he was concerned with two issues at the briefing. The issues were Ms. Hoffman approaching the house alone and Ms. Hoffman would be in the Wal-mark parking lot by herself. Captain Connell stated he left the decision to the supervisors as to how Ms. Hoffman would be transported to those locations. (page1 6: 12-20)

Captain Connell stated he did not know t h a t h a d an open warrant at the time of the operation. (page 16:4-6)

1.1. # 08-21 Page 170 of 199


Investigator's Note: Mr. Don Pumphey was provided an opportunity to ask clarifying questions during the interview. Below is a synopsis of those questions.

Mr. Pumphrey asked Captain Connell "as far as the money goes, how many times did Deputy Chief Proctor bring up the issue of his concern for the money and the money being completely protected by law enforcement so that it made it back to the department?" Captain Connell stated twice. Captain advised once was when they were in the property and evidence receiving the money, the second time was in Deputy Chief Proctor's office. (page 17:16-24)

Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor ask questions about the safety of the confidential informant or any issues surrounding the safety of the confidential informant. Captain Connell responded, "No he did not." (page 18: 1 -4)

Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor have an opportunity to ask questions about the safety of the confidential informant. Captain Connell advised, "he did." (page 185-8)

Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor ask were there undercover officers, which were going to be utilized with the confidential informant. Captain Connell stated, "no." (page 18: 17)

Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor indicate he had concerns other than the money being returned. Captain Connell advised, "no." (page 18:13-17)

Mr. Pumphrey asked Captain Conne~~ UIU he answer all the Deputy Chief Proctor's questions he had about the operation. Captain Connell responded, "Yes." (page 18: 1 8-20)

Mr. Pumphrey asked Captain Connell did he answer all the Deputy Chief Proctor's questions he had on the telephone prior to the briefing. Captain Connell stated, "yes." (page 18:21-24)

Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor appear that he had his normal faculties about him or did he seem impaired by medication. Captain Connell stated, "He appeared normal." (page 19:l-3)

Mr. Pumphrey asked Captain Connell to explain normal. He asked Captain Connell how many times had he been around Deputy Chief Proctor. Captain Connell stated, "daily for the past four years, and before that on a fairly regular basis." (page 19:4-7)

----- -- 1.1. # 08-21

Page 171 of 199


Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor ever indicate to you that he was having trouble thinking or processing any of the information or was unable to function at any time. Captain Connell stated, "no, sir." (page 19:8- 12)

Mr. Pumphrey asked Captain Connell, in addition to the briefing over the phone and the discussion with lnvestigator Pender when the money was being counted, you additionally approached Deputy Chief Proctor and provided him a copy of the Ops plan and made yourself available for any questions he may have had concerning safety or other issues. Captain Connell responded, "yes." (pages 19:13-25; 20:l-10)

Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor ask any questions whatsoever about the confidential informant. Captain Connell responded, "Not specifically about the informant."

Mr. Purnphrey asked Captain Connell did he affirmatively supply Deputy Chief Proctor with all information pertaining to the confidential informant as you knew it as to the house, the Wal-mart parking lot, and the potential for their being a third contingent. Captain Connell stated, "I gave him everything relevant to the case at the time that I knew." (page 20:14-20)

Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor know that this was a confidential informant that was operating without an. undercover officer. Captain Connell stated, "I believe so." (page 20:21-24)

Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor have any concerns or asks any questions whatsoever concerning the safety of the confidential informant at any time whatsoever. Captain Connell stated, "We discussed safety in general, but not specifically as it related to the informant." (page 21:l-4)

Investigator's note: Investigator Davis had 1 Pumphrey's clarification questions.

rp questions to Mr.

lnvestigator Davis asked at the time you met with Deputy Chief Proctor, did you know that the location for the buy was going to be at Forest Meadows. Captain Connell stated, "no." Captain Connell was asked to be specific with all relevant information he gave to Deputy Chief Proctor.

According to Captain Connell he could not recall every little thing he had been told throughout the day. Captain Connell stated he discussed with Deputy Chief Proctor the normal things they talk about. Captain Connell nave the examples of the information given 6 ~ e p u t y Chief proctor. "where i t ' i going to occhr, the source, staffing that was available, and the extra DEA staffing." Captain Connell stated he was confident that he discussed

1.1. # 08-21 Page 172 of 199

TALLAHASSEE POLICE DEPARTMEW INTERNAL AFFAIRS UNIT

with Deputy Chief Proctor they (vice officers) had the house secured, Wal-mart was secured, they had good surveillance and they had taken every precaution for those two locations. (page 21:9-25)

Mr. Pumphrey advised he had other clarification questions.

Mr. Pumphrey asked Captain Connell what he thought was relevant was all the information you had. Captain Connell responded, " Correct." But I can't tell you I gave him 100 percent of everything I knew at the time." (page 22:8-11)

Mr. Pumphrey asked Captain Connell, did Deputy Chief Proctor indicate any concerns to you about the flash fund not being accompanied by an officer at all times. Captain Connell stated, "He (Deputy Chief Proctor) didn't specifically say that. When we were talking about the money and the fact that the CI would go in and then walk out, and then we take the house, there was that - - you have never been around Chief Proctor - - he looked at me funny. I knew he had concern." (page 23:l-6)

Captain Connell explained to Deputy Chief Proctor, they had the vans on the front, the place covered, the plane was up, and the money was not going anywhere. Captain Connell advised it was only a temporary transition and they

I were going to execute the search warrz

Mr. Pumphrey's last question to Captain Conrle~l was, "in your discussions with Deputy Chief Proctor was the concern about the flash fund money returning because there was not going to be an officer with the money at all times." Captain Connell stated, "Correct." "He's always worried about the money returning." (page 23:24-25; 24:l-2))

Interview concluded at 1:37 p.m.

------- -.--.

1.1. # 08-21 Page 173 of 199


Administrative Obsenrations:

During this Internal Affairs investigation, issues surfaced related to the use of Rachel Hoffman as a confidential informant (CI) and the May 7, 2008 operation that were found to not be specifically addressed in current Department policy. The following is a summation of those issues, cou~led with a suggested remedy for each.

ISSUE: In the May 7, 2008 operation, one of the key and critical assignments was to maintain eye contact with C1 Rachel Hoffman. This task was shared between a TPD investigator and a member of another law. enforcement agency. During the course of this Internal Affairs investigation, it was discovered that eye contact was lost with CI Rachel Hoffman, which is a violation of Department policy. Non- Department members cannot be held accountable for actions that violate Tallahassee Police Department policy.

SUGGESTED REMEDY: During pre-planned Vice operations with other agencies where the Tallahassee Police Department is in command of the operation, only Department members shall occupy designated key roles and critical assignments. This will provide greater oversight and accountability for actions and outcomes of TPD Vice operations. Department directives should be amended to address this matter.

ISSUE: On April 17, 2008, TPD Vice investigators established probable cause to arrest Rachel Hoffman for felony narcotics violations but did not arrest her. Instead, she was allowed to become a CI in anticipation of "working off her charges". Department policy does not specifically address this matter.

SUGGESTED REMEDY: Department members shall make arrests of persons when probable cause exists to believe the person has committed a felony. Department members shall arrest persons when probable cause exists to believe the person has an outstanding arrest warrant or active capias.

Exceptions to the above are permitted only with approval from a representative of the State Attorney's Office, or the lieutenant (or hiaher rank) in the arresting member's chain of command.

Department directives should be ed to address this matter.

ISSUE: The term "substantial assistance" was used by numerous Vice investigators during the course of this Internal Affairs investigation. According to those

1.1. # 08-21 Page 174 of 199


investigators, it refers to a confidential informant's work having their pending criminal charges dropped or reduced in severity.

"Substantial Assistance" is not defined in Department policy, nor does any Department member have the authority to drop or reduce the severity of a felony criminal charge.

SUGGESTED REMEDY: Department members shall not determine the substantial assistance of a CI, and all determinations shall be the purview of the State Attorney's Office. Department directives should be amended to address this matter.

ISSUE: CI Rachel Hoffman had numerous telephone contacts with Vice investigators during her time as a CI. None of these contacts were noted in the Confidential Informant Contact Log (PD 215). Department ~o l icy does not specifically address this matter.

SUGGESTED REMEDY: Mandate every contact of investigative importance - regardless of the method - be noted in the Confidential Informant Contact Log. Department directives should be amended to address this ma1

1.1. # 08-21 Page 175 of 199


Findings:

Vice SOP 2 Section: Ill, 6.10 Sergeant: Maintain control o f all informants developed by subordinates and ensure their credibility.

Sergeant David Odom:

1. Sergeant David Odorn was aware that Confidential Informant (CI) Rachel Hoffman had met with a potential suspect outside lnvestigator Ryan Pender's control, without his knowledge, and against his instruction.

2. Sergeant David Odom was aware that CI Rachel Hoffman disclosed her status as a confidential informant t o , an individual she was assisting the Vice Unit with building a case against.

3. Sergeant David Odom approved and later signed off on the CI Packet for Rachel Hoffman.

4. Sergeant David Odom approved of an operarlon using CI Rachel Hoffman before ensuring all proper checks had been completed and included in the CI

I Packet.

5. There is no record in the CI Packet showing whether Rachel Hoffman was checked through the National Crime lnformation Center (NCIC) or the Florida Crime lnformation Center (FCIC). With Rachel Hoffman being from outside this Circuit Area, these checks would have been necessary to get a full criminal background.

6. Sergeant David Odom does not recall whether lnvestigator Pender checked Rachel Hoffman through NCIC or FCIC.

7. According to a Florida Department of Law Enforcement (FDLE) Transaction Archive Report (TAR), Rachel Hoffman was not checked through FCIC or NCIC prior to being used as a CI.

Vice SOP 2 Section: Ill, C, 6 Investigator: Maintain control of all i <sic> and ensure their credibility.

nforma reloped by subordinates

lnvestigator Ryan Pender:

8. Investigator Ryan Pender was aware CI offman disclosed her status as a confidential informant t Rachel, a suspect whom she was assisting the Vice Unit in investigating.

- --

1.1. # 08-21 Page 1 76 of 199


9. lnvestigator Ryan Pender was aware that CI Rachel Hoffman met with a potential suspect outside his control and against his direction.

10. lnvestigator Ryan Pender was aware that C1 Rachel Hoffman spoke with - several times on the phone outside his control and against his direction. During one of these telephone contacts, CI Rachel Hoffman set up a deal with a suspect without consulting lnvestigator Ryan Pender.

11. Investigator Ryan Pender was aw at CI Rachel Hoffman made a financial arrangement for to work for the Vice Unit and for

w o r k to apply to her substantial assistance. He did not advise his supervisors of this arrangement.

12. lnvestigator Ryan Pender was aware Rachel Hoffman was a participant in the Drug Court program. He was aware of the conditions of the program. He was aware that Rachel Hoffman had violated those conditions and that her work as a confidential informgn+ would continue those violations. (Pender - volume 1, page 18:6-24:

13. By allowing CI Rachel Hoffman to be alone in her vehicle during the May 7, 2008 operation, lnvestigator Ryan Pender gave up control over her direction of travel, communications, safety, and decision-making.

14, lnvestigator Ryan Pender allowed CI Rachel Hoffman to decide the placement of the listening device, recording device, and money prior to the operation dated May 7,2008.

15. lnvestigator Ryan Pender chose to turn into the Meridian Sports Complex and not follow C1 Rachel Hoffman to Forest Meadows. In doing so lnvestigator Ryan Pender lost control and sight of CI Rachel Hoffman. lnvestigator Ryan Pender made no arrangements for anyone else to establish control or sight of CI Rachel Hoffman.

Vice SOP 6 Section: Ill, D (General Order 62 Section: (Ill, D) Each contact with a confidential informant shall be documented on the Confidential Informant Log (PD 215), which shall remain a component of the informant documentation package.


16. After interviewing Vice investigators, it was learned it is common practice of the unit to log in person contacts enly. Relevant telephone contacts are

1.1. # 08-21 Page 177 of 199


recorded in the investigation files, as opposed to the Confidential Informant Log.

17. Sergeant David Odorn and Sergeant R practice.

mey both approve of this

18. Lieutenant Taltha White approved of this practice.

19. Captain Chris Connell, the Division Commander, approved of this practice.

Sergeant David Odom:

20. ' '~ f tgr interviewing Vice investigators, it was learned it is common practice of the unit to log in person contacts only.

21. Lieutenant Taltha White approved of this practice.

22. Captain Chris Connell, the Division Commander, approved of this practice.

Vice SOP 7 Section: I. C Prior to making a controlled buy, the informant must be thoroughly searched and if possible be searched in the presence of another investigator. Female informants will be searched by a female investigator or officer...

Officer Chris Pate:

23. Officer Chris Pate searched C1 Rachel Hoffman PI rior to tt

. . -

ie operation.

24. Officer Chris Pate was not aware the Vice Standard Operating Procedure (SOP) prohibiting this search.

25. Officer Chris Pate is assigned to the Community Oriented Policing Squad (COPS).

26, Officer Chris Pate has never been assigned to the Vice Unit.


27. lnvestigator Pender asked Office violation of Vice SOP.

r Pate to search CI Rachel Hoffman, a

Vice SOP 10 Section: I Every reasonable effort must be made to ensure that any persons identified as being involved in drug trafficking activity be identified as fully and

1.1. # 08-21 Page 1 78 of 199


accurately as possible. Investigators assigned to this unit should make use of every investigative resource available.


28. lnvestigator Ryan Pender did the following in an effort to identify -, a suspect in the operations dated May 7, 2008-

Surveillance of his place of work. Checked vehicle license plates of possible vehicles at -" place of work through the Driver and Vehicle Information Database (DAVID).

Checked heck for the alias L. Used information provided by confidential informants in an effort to identifv -. Surveillance photos o f a n w e r e shown to CI Rachel Hoffman. (Pender - Volume 1, page 138)

29. During the interview process, lnvestigator Ryan Pender showed proof of his efforts to identify

Sergeant Rod Looney:

30. Sergeant Rod Looney was aware of the efforts lnvestigator Ryan Pender made to identify "-. He found these efforts were reasonable.

Lieutenant Taltha White:

31. Lieutenant Taltha White was aware of the efforts lnvestigator Ryan Pender made to identify w'. He found these efforts were reasonable.

Captain Chris Connell:

32. Captain Connell was aware of the efforts lnvestigator Pender made to identify "m. He found these efforts were reasonable.

Vice SOP 10 Section: II, B, 6 Never allow the informant to control the situation.


1.1. # 08-21 Page 1 79 of 199


33. CI Rachel Hoffman participated in an undercover investigation of- as part of her substantial assistance. CI Rachel Hoffman

disclosed her status as a confidential informant t o and lnvestigator Ryan Pender was aware of this.

34. Durin this underc ver investigation, CI Rachel Hoffman disclosed t o m d t h a d a s the subject of a criminal investigation, thereby prematurely ending the investigation. lnvestigator Ryan Pender was aware of this.

35. lnvestigator Ryan Pender was aware that CI Rachel Hoffman met with suspect 'w outside his control and against his direction.

36. lnvestigator Ryan Pender was aware that CI Rachel Hoffman spoke with suspects 'm" and 1-meveral times on the phone outside his control and qgainst his direction. During one of these telephone contacts, CI Ractiel Hoffman set up a deal with q w i t h o u t consulting lnvestigator Pender first.

37. lnvestigator Ryan Pender was aware that CI Rachel Hoffman made a financial arrangement f o r to work with the Vice Unit and for

work to apply to her substantial assistance.

38. By allowing CI Rachel Hoffman to be alone in her vehicle during the May 7, 2008 operation, lnvestigator Ryan Pender allowed CI Rachel Hoffman control over her direction of travel, communications, safety, and decision- making.

Vice SOP 10 Section: Ill. A Prior to all buy cases, there should be as much surveillance and information gathering about the suspects, his accomplices, and the location of the buy(s) as possible.


39. According to the Operational Plan dated May 7, 2008, one of the contingency locations was Walmart, 5500 Thomasville Road.

40. There was no surveillance done for Walmart, 5500 Thomasville Road.

41. No information was gathered on Walmart, 5500 Thomasville Road, pertaining to ingresslegress, construction, special events, pedestrianlvehicular traffic, and the location in the parking lot where the buy was planned to occur.

1.1. # 08-21 Page 180 of 199


42. According to Sergeant Rod Looney, the supervisor of the Vice operation, no prior operations had been planned or conducted at Walmart, 5500 Thornasville Road.

43. Although Forest Meadows was discussed at the end of the May 7, 2008 operational briefing, surveillance of the location was not performed.


44. According to the Operational Plan dated May 7, 2008, one of the contingency locations was Walrnart, 5500 Thomasville Road.


46. No information was gathered on Walmart, 5500 Thomasville Road, pertaining to ingresslegress, construction, special events, pedestrianlvehicular traffic, and the location in the parking lot where the buy was planned to occur.

47. According to Sergeant Rod Looney, the supervisor of the Vice operation, no prior operations had been planned or conducted at Walmart, 5500 Thomasville Road.



49. According to the Operational Plan dated May 7, 2008, one of the contingency locations was Walmart, 5500 Thomasville Road.


51. No information was gathered on Walmart, 5500 Thornasville Road, pertaining to ingresslegress, construction, special events, pedestrian1 vehicular traffic, and the location in the parking lot where the buy was planned to occur.

52. According to Sergeant Rod Looney, the supervisor of the Vice operation, no prior operations had been planned or conducted at Walmart, 5500 Thomasville Road.


Captain Chris Connell: - ---- ..--.---.-----.---- -----.

1.1. # 08-21 Page 181 of 199

TALLAHASSEE POLICE DEPARTMET-- INTERNAL AFFAIRS UNIT

54. According to the Operational Plan dated May 7, 2008, one of the contingency locations was Walmart, 5500 Thornasville Road.

55. There was no surveillance done for Walmart, 5500 Thornasville Road.

56. No information was gathered on Walmart, 5500 Thornasville Road, pertaining to ingresslegress, construction, special events, pedestrianlvehicular traffic, and the location in the parking lot where the buy was planned to occur.

57. According to Sergeant Rod Looney, the supervisor of the Vice operation, no prior operations had been planned or conducted at Walmart, 5500 Thornasville Road.


Vice SOP 10 Section: Ill. C. 1 Avoid crowded meeting locations, when pas,,,,,.

Investigator Ryan Pender:

59. The May 7,2008 operational plan had Walmart, 5500 Thornasville Road as one of the approved locations for the operation. At 6 PM, this location is crowded with vehicular and pedestrian traffic.

60. The location for the operation, not documented in the operational plan, Forest Meadows, is a public park with tennis facilities, a pool, bike trails, and meeting facilities. At 6 PM, this location is crowded with vehicular and pedestrian traffic.


61. The May 7, 2008 operational plan had Walmart, 5500 Thornasville Road as one of the approved locations for the operation. At 6 PM, this location is crowded with vehicular and pedestrian traffic.



1.1. # 08-21 Page 182 of 199


63. The May 7, 2008 operational plan had Walmart, 5500 Thomasville Road as one of the approved locations for the operation. At 6 PM, this location is crowded with vehicular and pedestrian traffic.


Vice SOP 16 Section: II. B, c Investigators should know the names, addresses, and description of the defendantlsuspect, including any special characteristics and mannerisms; hislher vehicle description and tag, frequently traveled routes and meeting places, such as bars, restaurants or clubs.


65. f-!was fully identified along with vehicles and addresses.

66. As stated in the findings under Vice SOP 10 Section: I, lnvestigator Ryan Pender made every reasonable effort to identify - but was unsuccessful.

Vice SOP 16 Section: 11, E Identify suspect(s) who may be involved. Obtain photographs of all suspects. Obtain vehicle descriptions of all vehicles involved.


67. t-Bwas fully identified along wlrn vehicles, addresses, and photos.

68. lnvestiaator Rvan Pender obtainea a DOSSlDle pnoto of while

69. As stated in the findings under Vice SOP 10 Section: I, lnvestigator Ryan Pender made every reasonable effort to identify - but was unsuccessful.

Vice SOP 16 Section: 11, F. I Do not deal with suspects at their chosen location.


70. In the conversations between CI Rachel Hoffman and suspects - and -, the suspects stated they wanted to do the deal at

IP; residence.

1.1. # 08-21 Page 183 of 199


71. lnvestigator Ryan Pender's investigation revealed that the location the d to was suspect \ mother's home, 0

72. lnvestigator Ryan Pender approved the suspects' chosen location and included the 7 - Rocation in his operational plan.

73. On May 7, 2008, after the operational briefing, a controlled call between CI Rachel Hoffman and suspect - was conducted. The suspects chose to move the buy location to Forest Meadows.

74. CI Rachel Hoffman informed lnvestigator Ryan Pender of the Forest Meadows buy location, chosen by the suspects, and lnvestigator Ryan Pender approved the location.

75. lnvestigator Ryan Pender advised other r Forest Meadows over the police radio.

nember s of the location change to

76. lnvestigator Ryan Pender did not inform any member, including supervisors, of the fact that the suspects chose Forest Meadows as the buy location. (Radio transmissions page 1 ).


76. In the conversations between CI Rachel Hoffman and suspeds- 0 and 'I-, the suspects stated they wanted to do the deal at -residence.

77. lnvestigator Ryan Pender's investigation revealed that the location the suspects referred to was suspec 4 mother's home, -

78. lnvestigator Ryan Pender approved the suspects' chosen location and included the- location in his operational plan.

79. Sergeant Rod Looney approved the operational plan including the suspects' chosen location.

80. On May 7, 2008, after the operational briefing, a controlled call between CI Rachel Hoffman and suspect was conducted. The suspects chose to move the buy location to Forest Meadows.

81. Sergeant Rod Looney (Looney - page I 15) knew that the suspects changed the location to Forest Meadows. Knowing this, Sergeant Rod Looney allowed the operation to continue at Forest Meadows.

-- -- .--.-.----.-

1.1. # 08-21 Page 1 84 of 199

TALLAHASSEE POLICE DEPARTMET -- INTERNAL AFFAIRS UNIT


83. In the conversations beheerl bl Rachel Hoffman and suspects- 0 and "-", the suspects stated they wanted to do the deal at I ! * residence.

84. lnvestigator Ryan Pender's investigation revealed that the location the suspects referred to was suspec- mother's home,- 0

85. lnvestigator Pender approvea me suspecrs. cnosen location and included the o c a t i o n in his operational plan.

86. Lieutenant White approved the operational plan including the suspects1 chosen location.


87. In the conversations between CI Rachel Hoffman and suspects - a n d -, the suspects stated they wanted to do the deal at -residence.

I 88. lnvestigator Ryan Pender's investigation revealed that the location the red to was suspec- mother's home, -

89. Investigator Ryan Pender approved the suspects' chosen location and included thei-ation in his operational plan.

90. Captain Chris Connell approved the operational plan including the suspects' chosen location.

Vice SOP 16 Section: II, G, 6 THE MONEY MUST BE PROTECTED AT ALL TIMES. (Capitalized in policy)


91. Per General Order 14 (Cash Management), Flash Fund money is "used by the Department for 'show' when dealing with drug and narcotic offendersn.

92. lnvestigator Ryan Pender placed Flash Fund money he received for the operation into C1 Rachel Hoffman's purse and allowed her to transport the funds alone.

1.1. # 08-21 Page 185 of 199


93. The operational plan detailed a scenario where, after the transaction, the Flash Fund money would be left by CI Rachel Hoffman inside the residence of suspecf parents.

94. lnvestigator Ryan Pender chose to turn into the Meridian Sports Complex and not follow CI Rachel Hoffman to Forest Meadows. In doing so lnvestigator Ryan Pender lost control and sight of CI Rachel Hoffman and the Flash Fund money she was carrying in her vehicle. lnvestigator Ryan Pender made no arrangements for anyone else to establish control or sight of CI Rachel Hoffman.

95. The total amount of $13,000 in Flash Funds disbursed to lnvestigator Ryan Pender was stolen and less than the total amount was recovered.

General Order 62 Section: Vl, C If it is determined at any point that the continuing use of a confidential informant is no longer beneficial to the department, the originating member or Vice, Narcotics and Technical Support Lieutenant or designee shall complete the termination information sheet (PD 21 1) in order to de-activate the confidential informant.

96. This general order directs members to complete the termination information sheet (PD 211) upon determination that the continued use of confidential information is no longer beneficial to the department. The originating member, and supervisors involved with this informant, failed to determine that C1 Rachel Hoffman was no longer beneficial to the department (reference Vice SOP 2 Section: Ill, C, 6).

General Order 46 Section: II, I, I Members shall not fail to use ordinary or reasonable care i n the performance of assigned and lawful duties and responsibilities. Negligence is synonymous with carelessness and signifies lack o f care, caution, attention, diligence or discretion.


97. lnvestigator Ryan Pender was aware CI Rachel Hoffman was a participant in the Drug Court program, and was aware of the conditions of the program. He was aware that CI Rachel Hoffman violated those conditions and her work as a confidential informant would continue those violations. (Pender - volume 1, page 18:6-24).

98. lnvestigator Ryan Pender did not notify his Hoffman had made a financial arrangement wit

- - - - - -

1.1. # 08-21 Page 186 of 199


work to apply to her substantial assistance. (Odom - page 11 1:16-20) (White - page 141 :16-19) (Looney - page 91:17 - page 92:11) (Connell- page 78:5-12)

99. lnvestigator Ryan Pender allowed CI Rachel Hoffman to travel alone with $13,000 of department funds in her vehicle during the May 7, 2008 operation to purchase illegal narcotics and a firearm from two suspects, one whose full identity was unknown to Vice investigators.

100. lnvestigator Ryan Pender was unaware if C1 Rachel Hoffman had any experience in handling firearms. Additionally, he did not provide any training in safe handling of the firearm she was supposed to purchase. (Pender - volume 2 page 182:22 - page 184:07)

101. By allowing CI Rachel Hoffman to be alone in her vehicle during the May 7, 2008 operation, lnvestigator Ryan Pender gave up control over her direction of travel, communications, safety, and decision-making.

102. The suspects changed the buy location to Forest Meadows minutes before the deal was to occur. Factors to consider in this change of location include:

Post 5 o'clock vehicular traffic traveling north on North Meridian Road (a two lane road). North Meridian Road at Forest Meadows is a canopy road, which rendered the aircraft surveillance useless.

a CI Rachel Hoffman was not familiar with the area. Forest Meadows is a public park with citizens present.

Despite these factors, lnvestigator Rya~ location.

?r approved the change of

103. lnvestigator Ryan Pender, as the case agent, made no provisions to have surveillance conducted at Forest Meadows after he approved the change of location.

104. lnvestigator Ryan Pender chose to turn into the Meridian Sports Complex and not follow CI Rachel Hoffman to Forest Meadows. In doing so lnvestigator Ryan Pender lost control and sight of CI Rachel Hoffman. lnvestigator Ryan Pender made no arrangements for anyone else to establish control or sinht of CI Rachel Hoffman. (Pender - Volume 2, page 243:9 -244:6)


1.1. # 08-21 Page 187 of 199


105. Sergeant Rod Looney allowed CI Rachel Hoffman to travel alone with $13,000 of department funds in her vehicle during the May 7, 2008 operation to purchase illegal narcotics and a firearm from two suspects, one whose full identity was unknown to Vice investigators.

106. By allowing CI Rachel Hoffman to be alone in her vehicle during the May 7, 2008 operation, Sergeant Rod Looney gave up control over her direction of travel, communications, safety, and decision-making.

107. The suspects changed the buy location to Forest Meadows minutes before the deal was to occur. Factors to consider in this change of location include:

Post 5 o'clock vehicular traffic traveling north on North Meridian Road (a two lane road). North Meridian Road at Forest Meadows is a canopy road that rendered the aircraft surveillance useless. CI Rachel Hoffman was not familiar with the area.

, a Forest Meadows is a public park with citizens present.

Despite these factors, Sergeant Rod Looney took no actions to stop the operation.

108. Sergeant Rod Looney, as the supervisor in charge of the operation, made no provisions to have surveillance conducted at Forest Meadows after he knew of the change of the buy location.


109. On April 17, 2008 a search warrant was served at Rachel Hoffman's residence at 2626 East Park Avenue #16303. Lieutenant White authorized Investigator Pender to conduct the search warrant service without a supervisor on scene to provide active and direct supervision. (White - page 122:13 - 123:22)

110. According to the operational plan, and interviews conducted, there were a total of eighteen (18) investigators and DEA agents involved in the May 7, 2008 operation. Factors to consider in determining the supervisory span of control were:

General Order 2 (Chain of Command-General Management) states "as a general rule, span of control should not exceed nine to twelve members unless working conditions allow a greater number". Vice SOP 2 (Vice Unit Members) 3, A, 10, states one of the roles of the Vice lieutenant is to "ensure proper staffing and effective use of manpower and resources in conjunction with the unit goals".

1.1. # 08-21 Page 188 of 199


This was a joint operation with the Drug Enforcement Administration (DEA). Operation members were assigned to five different locations/assignments:

o Arrest teams and a block team at Wal-Mart, 5500 Thomasville

location.

Lieutenant Taltha White was aware Sergeant Rod Looney was the only supervisor assigned to supervise on-scene operations.

11 1. Lieutenant Taltha White approved the May 7, 2008 operational plan allowing CI Rachel Hoffman to travel alone with $13,000 of department funds in her vehicle to purchase illegal narcotics and a firearm from two suspects, one whose full identity was unknown to Vice investigators.


1 12. According to the operational plan, and interviews conducted, there were a total of eighteen (18) investigators and DEA agents involved in the May 7, 2008 operation. Factors to consider in determining the supervisory span of control were:

General Order 2 (Chain of Command-General Management) states, "as a general rule, span of control should not exceed nine to twelve members unless working conditions allow a greater number". This was a joint operation with the DEA. Operation members were assigned to five different locations/assignments:

o Surveillance at the - -.

o Arrest teams and a block team at Wal-Mart, 5500 Thomasville Road (later chanaed to Forest Meadows).

o ~urveiilance at tce residence a d ' ' ! 0 o Mobile units following CI Rachel Hoffman to the buylbust

location. -

1.1. # 08-21 Page 1 89 of 199

TALLAHASSEE POLICE DEPARTMEI INTERNAL AFFAIRS UNIT

Captain Chris Connell was aware Sergeant Rod Looney was the only supervisor assigned to supervise on-scene operations.

113. Knowing Sergeant Rod Looney was the sole on-scene supervisor, Captain Chris Connell allowed Lieutenant Taltha White to remain at the police department during this operation to work on administrative tasks. (Proctor - page 47:3)

114. Captain Chris Connell approved the May 7, 2008 operational plan allowing CI Rachel'Hoffman to travel alone with $13,000 of department funds in her vehicle to purchase illegal narcotics and a firearm from two suspects, one whose full identity was unknown to Vice investigators. (Connell - page 105:19 - 106:09)

General Order 14 Section: Ill, D, 5 The individual receiving the money shall assume responsibility for the funds and ensure they are retained in a secure location until returned to the Fund Custodian.


115. Per General Order 14 (Cash Management), Flash Fund monies are "used by the Department for 'show' when dealing with drug and narcotic offenders". lnvestigator Ryan Pender placed Flash Fund money he received for the operation into CI Rachel Hoffman's purse and allowed her to transport the funds alone.

116. The operational plan detailed a scenario where, after the transaction, the Flash Fund money would be left by CI Rachel Hoffman inside the residence of suspect )parents.

117. lnvestigator Ryan Pender chose to turn into the Meridian Sports Complex and not follow CI Rachel Hoffman to Forest Meadows. In doing so lnvestigator Ryan Pender lost control and sight of CI Rachel Hoffman and the Flash Fund money she was carrying in her vehicle. lnvestigator Ryan Pender made no arrangements for anyone else to establish control or sight of CI Rachel Hoffman.

118. The total amount of $13,000 in Flash Funds disbursed to lnvestigator Ryan Pender was stolen and less than the total amount was recovered.

1.1. # 08-21 Page 190 of 199


Conclusion:

Officer Chris Pate: Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Officer Pate for Vice SOP 7 Section: I, C be termed Not Sustained.

lnvestigator Ryan Pender: Based on the information gat here^ --... lg this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 2 Section: Ill, C, 6 be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 6 Section: Ill, D be termed Not Sustained.

Based on the information gathered during rnls investigation, it is the I recommendation of Investigators George Creamer, Jr. and Danielle Davis that

the allegation against lnvestigator Pender for Vice SOP 7 Section: I, C be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 10 Section: I be termed Not Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Penrler fnr Vice SOP 10 Section: 11, B, 6 be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 10 Section: Ill, A be termed Sustained.

Based on the information gathered during this investigation, I L IS the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 16 Section: Ill, C, 1 be termed Sustained.

1.1. # 08-21 Page 191 of 199


Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 16 Section: II, B, c be termed Not Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 16 Section: II, E be termed Not Sustained.

Based on the information gathered during rnrs investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 16 Section: II, F, I be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 16: 11, G, 6 be termed Sustained.

Based on the information gathered during rnls investigation, it is the I recommendation of Investigators George Creamer, Jr. and Danielle Davis that

the allegation against lnvestigator Pender for General Order 46 Section: II, I, 1 be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for General Order 14 Section: Ill, D, 5 be termed Sustained.

Sergeant David Odom: Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Odom for Vice SOP 2 Section: Ill, B, 10 be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Odom for Vice SOP 6 Section: Ill, D be termed Not Sustained.

Sergeant Roderick Looney: Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Looney for Vice SOP 10 Section: I be termed Not Sustained.

1.1. # 08-21 Page 192 of 199


ng this . - - - - -

Based on the information gathered duri ; investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Loonev for Vice SOP 10 Section: Ill, A be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Looney for Vice SOP 10 Section: Ill, C, I be termed Sustained.

Based on the information gathere" UUIIIIY UIIS investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Looney for Vice SOP 10 Section: 11, F, I be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Looney for General Order 46 Section: 11, I, 1 be termed Sustained.

! Lleutenant Taltha White: Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Lieutenant White for Vice SOP 10 Section: I be termed Not Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Lieutenant White fnr Vice SOP 10 Section: Ill, A be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Lieutenant White for Vice SOP 16 Section: 11, F, I be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Lieutenant White for General Order 46 Section: II, I, 1 be termed Sustained. - - Captain Chris Connell: Based on the information gathered during rnls investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that

1.1. # 08-21 Page 193 of 199

TALLAHASSEE POUCE DEPARTMENT INTERNAL AFFAIRS UNIT

the allegation against Captain Connell for Vice SOP 10 Section: I be termed Not Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Captain Connell for Vice SOP 10 Sectlon: Ill, A be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Captain Connell for Vice SOP 10 Section: Ill, C, 1 be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Captain Connell for Vice SOP 16 Section: II, F, I be termed Sustained.

Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Captain Connell for General Order 46 Section: 11, I, 1 be termed Sustained.

1.1. # 08-21 Page 194 of 199


I, the undersigned, do hereby swear, under penalty of perjury: That I have read the foregoing document and, to the best of my knowledge, information. and belief, the facts stated therein are true and accurate; and That, to the best of my personal knowledge, information, and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in ss. 112.532 and 112.533, Florida Statutes. -

STATE OF FLORID COUNN OF LEOh

Swom to (or affirmed) and subscribed before me this c d a y of $;$dh- , 2 0 0 e by George Creamer, Jr., lnternal Affairs Investigator for the Tallahassee Police Department Internal Affairs Unit, who is personally known to me or provided

+h as ldentifcation. Richard D. Courtemanche, Jr. Cmnlsdon A DD377253

fdm Officer

My Commission Expires: Z/w$9

I, the undersigned, do hereby swear, under penalty of perjury: That I have read the foregoing document and, to the best of my knowledge, information. and belief, the facts stated therein are true and accurate; and That, to the best of my personal knowledge, Information, and belief. I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in ss. 112.5Kand 112.533, Florida Statutes.

53 ' - - Invnstiqator Tallahassee Police lntemal Affairs Unit

STATE OF FLORIDA COUNN OF LEON

/9. Sworn to (or affirmed) and subscribed before me this /a. day of " b . 2 0 0 x . by Danielle Davis, Internal Affairs Investigator for the Tallahassee ~ o l i c e n t e m a l Affairs Unit, who is personally known to me or provided as identification.

Richard D. Coudemanche, Jr.

) Cornmisrion # DD377253

February 8,2009 vmy~m. IIB-;~. 14,

NOW Public or Law ~nforce6dnt Officer

My Cornmlssion Expires: '/P47

1.1. # 08-21 Page 195 of 199


Predet on Notic :e:

jer 9 8 -5 -.OD& M

~ n t David odom 7 / / < / J o ~ ~ z 7 : h AJM

igator Rj

. - -

lnvesti

Serge;

(an Penc

Sergee rnt Rode rick Loo I

?ant Taltha Whitc 7// ddc0 8 5 .l/ro~fl

n Chris Connell ?/la-/% 7

11 Affairs Commander ure:

lnterna Cinnrt~

Dispositions:

Vice SOP 2 Section: Ill, B, 10 Sergea ntain control of all informants developed by suk ?S and e ~e i r credibi

nt David Odom: sf:;n~/d#z3

nt: Mail lity.

Sergea

- - - - - vice SOP 2 Section: Ill, C, 6 Investigator: Maintain control of all informants developed by subordinates ensure their credibility.

an Pender 54.Sfl,>d.53 gator Ry

-~~ -

Vice SOP 6 Section: Ill, D (General Order 62 Section: (Ill, D) Each contact with a confidential informant shall be documented on the Confidenl Informant Log (PD 215), which shall remain a component of the informant documentati package.

tial

Investigator Ryan Pender

nt David Odom &~,7 , Sergea

Vice SOP 7 Section: I, C Prior to making a controlled buy, the informant must be thoroughly searched and if possible be searched in the presence of another investigator. Female informants will searched by a female investigator or officer ...

Officer Chris Pate 4/47 -

1.1. # 08-21 Page 196 of 199

. ALLAHASSEE POLICE DEPARTMEN INTERNAL AFFAIRS UNIT

Invest igator R yan Pen1 der

Vice SOP 10 Section: I Every reasonable effort must be made to ensure that any persons identific involved in drug trafficking activity be identified as fully and accurately as possi

iaators assigned to this unit should make use of every investigati!

eing ible.

Invest! availal

lnvesti

Serge:

igator RJ

. - . jer /t/o7 G S Z ~ V ~ ~ -

rnt ~ o a e r l c ~ ~ooney N o 7 & J ~ A I B P

tha White

r l bnrls Connell &@ 7- ,<& c 72??/u#ZJ

nant Tall

- m1-..:- r

d P 10 Section: II, B, 6 Never allow thc ant to control the situation. inform,

.rr D r r r

Vice SOP 10 Section: II Prior to all buy cases, there should be as much surveillance and information gathe~ about the suspects, his accomplices, and the location of the buy(s) as possible.

ring

lnvesti

Semnn

gator R j

- L -- - a .

ran Pender 5arn,~>d9 ,,. ,,J~T K O ~ ~ooney S ~ J ~ , ~ D

Lieu t e ~ e 5~4.m :onnell

iant Tall

n Chris (

Vice SOP 10 Section: Ill, C, 1 I meeting locations, when possible. Avoid ( crowded

lnvesti'

Sergea

gator Ry

-I ---I I

ler S&~W,~/>V ~ n t noo ~ o o n e y C(Y: <.7?%//e".13

n Chris Connell s4~7 GJ

ran Pend

Vice SOP 16 Section: II, B, c Investigators should know the names, addresses, and description of the defendanffsuspect, including any special characteristics and mannerisms; hislher vehicln

1.1. # 08-21 age 197 of 199


description and tag, frequently traveled routes and meeting places, such as bars, restaurants or clubs.

(an Penc lnvestigator R]

Vice SOP 16 Section: II, E Identify suspect(s) who may be involved. Obtain photo vehicle descriptions of all vehicles involved.

of all suspects. Obtain

lnvesti ler ran Penc

Vice SOP 16 Section: II, F, I Do not deal with suspects at their chosen locat ion.

lnvestigator Ryan Pend

Sergeant Roderick Looney

Lieutenant Taltha White

Captain Chris Connell

Vice SOP 16 Section: II, G, 6 THE MONEY MUST BE PROTEC ' ALL TI! i in policy)

Investi! gator Ry ,an Pend

General Order 46 Section: II, I, 1 Members shall not fail to use ordinary or reasonable care in the performance of assigned and lawful duties and responsibilities. Negligence is synonymous with carelessness and signifies lack of care, caution, attention, diligence or discretion.

lnvestigator Ryan Pend

Sergeant Roderick Loo1

ha White

. . Lieutenant Taltl

Captain Chris Conne~~ -

snd ensure General Order 14 Section: 111, u, The individual receiving the money shall assume responsibility for the they are retained in a secure location until returned to the Fund Custodi'

! funds i an.

lnvestigator Ryi

1 .1 . F utr-21 Page 198 of 199

Chief's Signature:

Date Concluded:


-- 1 . 1 . # 08.94

Page 199 I

rachel hoffman | internal affairs investigation for drug informant death with botched sting by tpd

News & Politics