VOLUSIA EXPOSED

VOLUSIA EXPOSED.COM

Does the February 2012 escape of Volusia County jail Inmate Michael Burke indicate yet another failure, of the current jail oversight procedure, within Florida?

What is it going to take, before Florida seriously considers returning to the Florida Administrative Code 33-8 inspection process for county jails?

Updated
March 26, 2012

"Every society gets the kind of criminal it deserves.
What is equally true is that every community gets the kind of law enforcement it insists on."
Robert Kennedy

In February 2012, a Volusia County jail inmate, while being treated at a local hospital, was able to elude the custody of his assigned jail officer. Inmate Michael Burke was re-captured a short time later, thanks primarily to observant hospital staff, and the fact that he was still wearing leg shackles. (see below media article)

Is the Burke escape, just another example of a Florida county jail, failing to maintain proper security and safety standards?

In 2010, the Osceola County jail, had two high profile escapes from their jail. The local media correctly questioned whether the oversight procedures attached to Florida County jails were adequate enough. (see below media article)

Prior to 1997, all Florida jails were inspected semi-annually to ensure compliance with safety and security standards. This inspection and oversight procedure, was under the direction of the Florida State Department of Corrections, as mandated in Florida Administrative Code Chapter 33-8.

Under the FAC 33-8 system, inmate escapes and in-custody deaths were independently investigated by the Florida State Prison inspector. However, in 1996, the Florida State legislature repealed FAC 33-8 and replaced it with the Florida Model Jail Standards (FMJS). These FMJS standards are maintained by the Florida Sheriffs Association.

Bascially, after the repeal of FAC 33-8, the jails were allowed to self inspect each other, or themselves, without any independent oversight.

In order to better appreciate the differences between the FAC 33-8 and the FMJS oversight processes, we recommend your review the below linked article.

Now, for our review of the Volusia County Division of Corrections "investigation" into the escape of Inmate Michael Burke.

We give this "investigation" (if you care to call it that) a grade of F.

Why such a low grade? Simple, this investigation was nothing more than an administrative review by the jail's administrative captain, Captain McClelland. Is was NOT an official Internal Affairs Investigation. If it had been, it would have been conducted by Internal Affairs Captain N. Dofflemyer, whom is specially trained in conducting such investigations.

VolusiaExposed.Com questions why the escape of a felon, who obtained a weapon during his escape, did not rise to the level of an official internal affairs investigation? Especially, given the fact, that empirical evidence suggests the possibility, that Inmate Burke received outside assistance during his escape attempt.

Notice, that the escape incident transpired around noon on February 7, 2012 - and by noon on February 10, 2012 (according to the below report), Captain McClelland has completed his "investigation". Really, just a three day investigation?

Further, Captain McClelland states, in his report, that he spoke with at least four members of the hospital staff.

Tom Wise - hospital security
Luis Rosario - hospital security
Steve Viola - hospital security
Jack Bass - hospital engineer

However, no written statements from these witnesses were included in our public records release. Captain McClelland did document, in his report, that Mr. Viola's will be forwarding both his written report, along with the security video of the escape. It is noted, that there is an appearance, that Captain McClelland closed his investigation, prior to obtaining Mr. Viola's records.

VolusiaExposed believes that the investigation should have further vetted the possible lead, that Inmate Burke's girlfriend worked in the area of the medical center. Who was the unidentified female (as seen on the security video, per Capt. McClelland) that gave verbal assistance to Inmate Burke? We never received the video within our public record request. Who would give directions to a man wearing only a hospital gown and leg shackles? Could the, yet unidentified female, and the alleged girlfriend be one and the same person? Did Inmate Burke receive assistance in his escape attempt?

Captain McClelland mentions Charge Nurse Andrea Roberts in his investigative report, but he does not indicate whether he interviewed her or took a written statement from her. Surely, Nurse Roberts' statement would have investigative significance, especially in the verification of Ofc. Stridiron's account, or actions during the escape attempt.

In our opinion, Captain McClelland's investigation was a complete failure, in the same manner, that Officer Stridiron's custody of Inmate Burke was a failure. Frankly, we believe, that hospital security did a better job maintaining the custody of Inmate Burke, and the DeLand police department's arrest report is a far superior investigation of what transpired, when compared to the McClelland investigation.

So ask yourself, why didn't the jail insist that this matter be investigated by their internal affairs division? As indicated earlier, the IA division has personnel specifically trained to conduct such investigations. Maybe, the answer centers on the possibility that the jail did not want answers to the obvious questions.

Yes, we realize, that our theory is just a "maybe", but after reading the above, how confident are you with Captain McClelland's investigation? Would you have preferred an official internal affairs investigation? Better yet, would you have preferred an independent outside investigation of this escape by the Office of the State Prison inspector, like was mandatory prior to 1997?

Before you decide, we invite you to review all the documents provided to VolusiaExposed by jail officials. (see below)