VOLUSIA EXPOSED.COM
                   



Are In-custody Sexual Assaults being properly investigated within the Volusia County Jail?

Are jail policies being followed, regarding the prevention and investigation
of in-custody sexual violence?

Were jail officials attempting to hide public records attached to in-custody sexual assaults?

Would these sexual assaults have been fully investigated under the now repealed FAC 33-8 inspection / investigative system?


Updated
September 28, 2012
"Every organization rests upon a mountain of secrets." - Julian Assange





ARE IN-CUSTODY SEXUAL ASSAULTS
BEING UNDER-INVESTIGATED?


Are these investigations being conducted within the parameters of the jail's policies and procedures?


In August of this year (2012), VolusiaExposed posted the below linked article, detailing the alleged sexual assault of a jail inmate. This sexual assault was alleged to have occurred in July of 2012. Further, this sexual assault led to the filing of criminal charges against a known sexual predator.

VX's article on the July 2012 in-custody sexual assault

In the above article, it would appear that the Volusia County Division of Corrections failed to properly handle a known sexual predator. Because of this failure, a mentally challenged inmate was subjected to a sexual assault, and the taxpayers of Volusia County are now subjected to a probable civil liability.

In response to the recent (July 2012) sexual assault, VolusiaExposed.Com requested additional records regarding in-custody sexual assaults from the Volusia County Sheriff Department. VolusiaExposed.Com discovered that there had been four other alleged sexual assaults within the Volusia County Jail.
(SPECIAL NOTE - the Volusia Sheriff Department does NOT manage the county jail)

After a diligent review of the other four alleged sexual assaults, VolusiaExposed.Com made a public record request for an alleged sexual assault from July 2011 (one year prior to the recent assault). Volusia County Deputy Lecates documented his review / investigation into the incident (see below link to Deputy Lecates' report).

Deputy Sheriff Lecates' report

Initially, County jail officials denied any knowledge of the July 2011 sexual assault allegation. However, finally, VolusiaExposed.Com secured the records that documented the jail's investigation into that particular sexual assault allegation.

Prior to examining those investigative reports, we suggest that our readers carefully read the jail's policies and procedures of how a sexual assault investigation is to be conducted.

Notice that per jail policy 301.02 (see highlighted areas of the below web link) - jail staff is not to encourage that inmates fight in order to avoid sexual violence. Further notice that jail staff are not to discriminate in their investigation of sexual violence based on the alleged victim's sexual orientation.

Volusia Jail Policy 301.02

Now we invite you to read Jail Captain McAllister's report - why did Captain McAllister ask the victim inmate why he didn't fight back or scream? Why did Captain McAllister request to know the victim inmate's sexual orientation? We invite you to compare the jail policy 301.02 against Captain McAllister's report, and then conclude for yourself whether this July 2011 sexual assault incident was properly investigated, within agency policies.

Captain McAllister's report







In our opinion, such matters as sexual assaults and inmate in-custody deaths can NOT be honestly investigated internally. These types of incidents cry for an independent external investigation. Ironically, prior to 1997, such incidents within Florida jails were independently and externally investigated by the Florida State Prison Inspector, under the authority of Florida Administrative Code 33-8 (FAC 33-8).

In late 1996, the Florida Legislature, under fierce lobbying by some Florida Sheriffs and private correctional medical providers, repealed the FAC 33-8 inspection / investigative process. In it's place, the Florida Legislature gave these responsibilities to the Florida Sheriff's Association. The Florida Sheriff's Association developed an inspection process titled the Florida Model Jail Standards (FMJS).

In comparison, the FMJS is a extremely watered down version of the FAC 33-8 model. The FMJS system allows the county jails to self inspect each other, with little to no procedures to independently investigate such matters as in-custody deaths and sexual assaults.

Under the FAC 33-8 model, all jails were mandated to participate, however, under the FMJS model, participation is voluntary.

We invite you to review the below linked article (PDF format) for a better understanding of how the repeal of FAC 33-8 has negatively affected the entire Florida jail system.

Jail Oversight in Retrograde - The Pendulum Swings Right

In the end, the important issue is not whether these sexual assaults actually occurred or not. The issue is whether the jail properly processed / investigated these incidents, within the law and their own internal policies.

So what is your opinion? Should Florida jails continue to be allowed to "self-investigate" in-custody deaths and sexual assaults under the FMJS model or should the State of Florida return to the FAC 33-8 inspection model?













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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

UNFIT FOR DUTY
by Matthew Doig and Anthony Cormier
Tarnished badge, flawed system
Police unions / political clout
Predator in uniform?
What the personnel files reveal
Problems and solutions
Flagrant abuses invite little scrutiny
Problem officers still find work
How serious offenses go unreported
Sworn to protect....their pensions
Governor investigates CJSTC




Additional concerns surrounding the
Volusia County Sheriff's Department


VCSO deputy supplies underage females with alcohol.

VCSO deputy sexually approaches female prisoner?

Sex and the Badge
Extra-martial affairs within the VCSO?


VCSO deputy engaging in sexual relationship, while on duty?

VCSO deputy attempts romantic relationship with felony suspect?

VCSO deputy sexually assaults handcuffed woman.

VCSO deputy reprimanded for domestic violence arrest

VCSO Frangiamore-Carper murder-suicide incident




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

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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?

VolusiaExposed.Com article
No VCSO Press Release on the Jail Rape incident?


VolusiaExposed.Com article
Rape at the Volusia Jail


VolusiaExposed.Com's article
Stewart_Marchman molestation incident



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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.

The Mary Knudsen Incident

The in-custody death of Inmate Tracy Veira
Falsification of Documents by County Officials



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

Florida Jail Oversight in Retrograde