VOLUSIA EXPOSED.COM

EXCESSIVE USE OF FORCE IN FLORIDA's COUNTY JAILS

FBI AND FDLE INVESTIGATE THE DESOTO COUNTY JAIL !

ARE FLORIDA JAILS PROPERLY REGULATED?

SHOULD THE REGULATIONS OF FLORIDA ADMINISTRATIVE CODE 33-8 BE RE-INSTITUTED?

Updated
August 14, 2013

"Men stumble over the truth from time to time,
but most pick themselves up and hurry off as if nothing happened."
Winston Churchill

Moby - Extreme Ways
Stop Video By Clicking The Pause Button

Questionable jail deaths
Within the Volusia County Jail
Click picture for information.

Note the investigator's failure to challenge the inconsistencies in the jail documents time of death and the condition of Ms. Veira's body (rigor mortis).

THE EXTREME WAYS OF FLORIDA'S COUNTY JAILS

THE US DEPARTMENT OF JUSTICE
INVESTIGATES FLORIDA COUNTY JAILS
Is Federal Intervention Necessary Due To Florida Officials Relinquishing Jail Oversight Authority?
Read On...and then You Decide !

The Desoto County Jail

According to the media accounts, the U.S. Department of Justice / FBI and the Florida Department of Law Enforcement are investigating the alleged beating of a DeSoto County jail inmate by several correctional officers.

Ironically, the jail's internal investigation just concluded that the inmate was beaten by jail staff, but only after both, the FBI and FDLE showed an investigative interest into the allegations.

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The Escambia County Jail

Interestingly, just recently the U.S. Department of Justice completed an intense investigation into events within the Escambia County jail.

We (VolusiaExposed) invite our readers to review the below link DOJ determination letter. It's loaded with such terms as:
Racially Segregated Housing
Violates The Constitutional Rights
Excessive Risk Of Assaults
Inadequate Mental Health Care
Systemic Deficiencies

The Volusia County Jail

So far, to our (VolusiaExposed) knowledge, the Volusia County jail has NOT come to the attention of the U.S. Department of Justice.

However, we would like to explore the probability that the Volusia County Division of Corrections is long overdue for a visit by federal officials.

A series of questionable in-custody deaths, many of which have dubious in-house investigations attached to them. A prime example of this, is the September 2009 death of Inmate Tracy Veira.

The Tracy Veira Incident

Tracy Veira was a 28 year old mother of two small children. She died early one September morning in 2009, in a medical segregation cell, within the Volusia County Correctional Facility, within earshot of correctional officers.

The jail staff knew that Tracy was suffering from medical issues, thus the rationale for having her in medical segregation, under a fifteen minute watch. All inmates under such a medical watch are checked on every fifteen minutes to ensure their well being - these observations are documented on a standardized form (VCDC 52).

When Tracy was discovered dead in her cell, she was already showing signs of rigor mortis and lividity. These facts we know, thanks to Volusia County Sheriff Investigator Campanella's initial written report.

Investigator Campanella also documented within this initial report his observations that the rigor mortis and lividity were not consistent with the correctional officers' last observations of the inmate being alive (Those now pesky VCDC 52 entries).

You can just imagine the embarassment of having documented checks on Inmate Veira's wellbeing every fifteen minutes, only to to discover her graveyard - stone cold dead. Now imagine the civil and criminal liabilities that could attach to that embarassment.

Campanella indicates in his initial report that he would investigate these inconsistencies.

We now invite you to review Investigator Campanella's final report. Try to locate where he even mentions these inconsistencies. Good Luck !

Do you think it was fortunate for those county correctional officers, that only a county sheriff investigator and the county medical examiner were in charge of the death investigation? If so, then it's was probably also a good thing that it was September 2009 and not September 1995. Because had it been 1995, someone would have had to call the State Prison inspector, so that he could have conducted his own independent death investigation. We will continue down this road later.

Oh yes, there is even more intrigue to be discovered into the death and non-investigation of Tracy Veira. Therefore, we invite you to review one of our first VolusiaExposed articles, dealing with the in-custody death of Tracy Veira.

The Gary Enckler Incident

In February 2012, Volusia County jail Inmate Gary Enckler alleged that he was beaten by a jail correctional officer.

However, to our (VolusiaExposed) knowledge, neither the FBI or the FDLE investigated Mr. Enckler's claims.

Why not? - Both agencies (FBI and FDLE) investigated the allegations of Desoto County jail Inmate Jody Holland.

Let's compare the two allegations:

All of Mr. Holland's beatings took place just outside of the jail camera's view. While we have excellent video footage of Mr. Enckler's use of force. (see above linked videos - blue shaded area) Can anyone explain those blows to Mr. Enckler's head around seconds 16-24 and 55-60?

The Desoto County investigation took months to complete - and it eventually supported the inmate's allegation of being beaten. However, the Desoto County investigation might have been influenced by the fact, that both FDLE and the FBI were also investigating the abuse allegations.

The Volusia County investigation was closed out within about seven days. The investigation concluded that the officer was justified in his application of force against Mr. Enckler. However, Lt. Langdon's November 12, 2012 report was of some interest (see pink highlighted report in below scroll box). The Use Of Force incident transpired on February 22, 2012 - and on November 12, 2012 (almost 9 month later) Lt. Langdon has been assigned to give Officer White additional training in the proper application of force.

Why wasn't the need for additional training identified in February? Does this call into question the veracity of the February 2012 "Use of Force" investigation? It would be interesting to know when Mr. Enckler's attorney contacted the county about possible civil action.

Both incidents (Enckler and Holland) were the focus of mainstream media attention. So why didn't Enckler's allegations attract the attention of either the FDLE or FBI?

Well, maybe it (the Enckler situation) will eventually attract the attention of the FBI or FDLE. But they better hurry up, because the Volusia County jail is already starting to lose the records attached to this incident.

Missing Records

When the Enckler situation came to our (VolusiaExposed) attention via a news broadcast by WFTV - Channel9 (Orlando), we made the below email public record request for all documents and videos attached to the incident. (FULL DISCLOSURE - we had heard about this use of force incident earlier via anonymous sources)

Upon being advised by Lt. Mason that one of the videos recorded within the jail could not be located, we were perplexed of how such a thing could have happened. But our frustration grew, when Lt. Mason advised us that no reports were written regarding the missing recording (a public record - as defined in Florida Statutes) or his search for it.

There is a very old and well known axiom in law enforcement - it states simply - "if it is not written, it did not happen".

VolusiaExposed even sent the jail director, Marilyn Ford, an email requesting whether an internal investigation had been opened in either attempting to locate or in determining the fate of the missing recording. To this date (August 11, 2013), our email goes unanswered.

One is left to only imagine what other records might be "missing" - and how this might affect any civil litigation that might arise.

Someone here at VolusiaExposed, half jokingly wondered if the jail had a "Officer Snowden" that had absconded to Russia with the record(s). The jokester went on to say, that with that, maybe we could get the FBI interested.

Clarification - VolusiaExposed has always found Lt. Mason's professionalism and ethics beyond reproach.

THE GARY ECKLER DOCUMENTS

Scroll down to view each page

Bring Back FAC 33-8
The Current Jail Oversight Procedure Is A Failure

In the late 1990's the Florida legislature made a monumental mistake regarding county jail oversight.

Because of this mistake, Florida has seen a rise in jail incidents either going un-investigated or under investigated.

Jails can NOT be allowed to oversee themselves - such is an accident waiting to happen.

FLORIDA JAIL OVERSIGHT
IN RETROGRADE
The Pendulum Swings Right

Scroll down to view each page

Prior to 1996 - all Florida Jails were overseen and semi-annually inspected by the State Prison Inspector under the authority Florida Administrative Code 33-8. All in-custody deaths received an independent investigation by the State Prison Inspector. This death investigation was in addition to any investigation conducted by the local sheriff and / or medical examiner.

In 1996, the Florida legislature allowed the discontinuation of FAC33-8, and replaced it with the Florida Model Jail Standards, which were / are developed and maintained by the Florida Sheriff Association. NOTE: Many local county sheriffs operate their county jails.

Under FAC 33-8 oversight - an inmate or his / her family could have pick-up a telephone and filed a complaint about any inappropriate issue to the State Prison inspector. Usually the complaint was investigated and resolved within a few days, no need to look up the phone numbers for the FDLE or FBI.

We invite you to read the above twenty (20) page paper titled "Jail Oversight In Retrograde - The Pendulum Swings Right" (See above scroll box). We believe this paper will give you a better understanding on why it is extremely necessary to re-institute Florida Administrative Code 33-8.

The above situations / incidents are only a brief sample of what is actually occurring within Florida's county jails.

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If you found this article to be thought provoking, we (VolusiaExposed.Com) invite you to review, the below linked, Special Investigative Report, exposing law enforcement corruption with the State of Florida.

SARASOTA HERALD-TRIBUNE'S
SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION

by Matthew Doig and Anthony Cormier

Additional concerns surrounding the
Volusia County Sheriff's Department

We look forward to your comments on this situation.
Drop us a line to let us know what you think.

EMAIL US

DOES SHERIFF JOHNSON HAVE A SUBSTANCE ABUSE PROBLEM?
Play the above video - and then decide for yourself.
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Sheriff Johnson claiming that
he does not drink.
(October 2012)

Sex Crimes
and
VCSO Press Releases

The VCSO issued a press release on the Stewart-Marchman molestation incident - but did not issue a press release of a jail rape - why not?

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DID A CONFLICT OF INTEREST
INFLUENCE THE JAIL'S
RAPE INVESTIGATION?

Assistant County Attorney, Nancye Jones handles many of the litigations coming out of the Volusia County jail.

Nancye Jones' husband, VCSO Major Robert Jones, supervises the deputies that investigate possible criminal violations within the county jail.

We have concerns that several criminal investigations have been possibly manipulated, in order to reduce the County of Volusia's civil liability.

Our concern includes this particular in-custody sexual battery investigation, and the below listed situations.

We invite you to review our concerns.

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The Failure of the FMJS Jail Inspection Process, Florida needs to return to the independent FAC 33-8 Inspection Process.

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THE GARY ECKLER DOCUMENTS

FLORIDA JAIL OVERSIGHTIN RETROGRADEThe Pendulum Swings Right

FLORIDA JAIL OVERSIGHT
IN RETROGRADE
The Pendulum Swings Right