Secrets Within The New Smyrna Beach Police Department.

NSB Acting Police Chief Has A 20 Year Old Non-Disclosure Agreement With City Officials.
Does This Keep Allegations Of "False Statements" Against Her From Public Review?

November 5, 2014
"Police throughout the United States have been caught fabricating, planting, and manipulating evidence to obtain convictions where cases would otherwise be very weak. Some authorities regard police perjury as so rampant that it can be considered a "subcultural norm rather than an individual aberration" of police officers."
Dale Carpenter - Flagrant Conduct: The Story Of Lawrence v. Texas

New Smyrna Beach Police Chief
George Markert Resigns

VolusiaExposed reported earlier last month (October 2014), that New Smyrna Beach Police Chief George Markert had suddenly and unexpectingly resigned.

While VolusiaExposed.Com heard several un-sustained rumors regarding the quick and sudden departure of Chief Markert - his resignation letter only relegated his resignation to his desire of exploring other professional opportunities.

During his one and half year tenure with New Smyrna Beach PD, Chief Markert led an audit of the department's evidence room, after a Florida Department of Law Enforcement investigation supported that both money and evidence were unaccounted for.

A Buried Secret
Within The NSB PD

Ever since Chief Markert's resignation - Acting Police Chief Donna Lavallee has been in charge of the day to day operations of the NSB PD.

However, one of our (VolusiaExposed.Com) readers pointed out to us, that Lavallee apparently had a documented history of providing a false statement, within her Criminal Justice Standards and Training Commission (CJSTC) / Florida Department of Law Enforcement (FDLE) records.

Supportive Media Articles
Click Images To Review Article


The CJSTC, a subsection of FDLE, is the licensing authority for all law enforcement and correctional officers within the State of Florida. In short, the CJSTC equates to police officers, as the Florida Bar equates to attorneys.

Our informed reader was using the Sarasota Herald-Tribune law enforcement officer database, that we (VolusiaExposed.Com) have linked to our home page.

Upon our review of the data base, we quickly confirmed that Lavallee's CJSTC file did contain a 1999 allegation of a "false statement".

Our Requests For Public Records

Intrigued that the Herald's data base did support a "false statement" allegation against Lavallee - we (VolusiaExposed.Com) filed a public records request with both FDLE and the City of New Smyrna Beach for any records they possessed regarding the allegation.

The Records That FDLE And New Smyrna Beach Provided

VolusiaExposed.Com has opted to post all of the records we reviewed for this article. We do this in order to be fair to all parties involved. Our article presents our OPINION of these documents - however, our readers, upon their review of the documents, may form an entirely different opinion.

NSB 1 of 1

Our Review Of The Records

Okay, so here is what we got out of our (VolusiaExposed.Com) review of the attached records. Maybe, upon your own review of the records, you will come to a different conclusion.

In July 1982, Donna Hamm (Lavallee) filed a New Smyrna Beach city employment application to be an animal control officer. The application supported that Lavallee had completed (4) years of high school. Lavallee was eventually hired as a NSB animal control officer.

In July 1984 (two years later) - Lavallee secured her GED at Daytona Beach Community College (currently known as Daytona State College).

Well, you probably already have surmised the topic of the alleged false statement against Lavallee. Why would a high school graduate have to secure a GED? Congratulations, and as Don Rickles stated in the 1970 movie - "Kelly's Heroes" - "you win a cookie".

Now take your cookie, and sit back and continue to read, this gets much more interesting.

According to the records, in 1984, after serving two years as an animal control officer, Lavallee (Hamm) became extremely interested in becoming a New Smyrna Beach police officer.

However, Florida law requires that all law enforcement officer applicants possess a high school diploma, or a GED. Apparently from what we (VolusiaExposed) could decipher from the available records, the position of animal control officer also required a high school education. Something Lavallee apparently did NOT possess in July 1982.

However, this is a big difference in applying to be an animal control officer, and applying to become a police officer.

The police officer appliant must secure an FDLE / CJSTC certification prior to being hired. In order to even be accepted into the local community college's law enforcement academy, the applicant must pass a series of background checks, conducted by both FDLE and the community college. These background checks include independent verifications of all educational credentials.

Apparently in July 1982, when the City of New Smyrna Beach hired Lavallee (Hamm) as an animal control officer, only city officials were responsible for verifying her educational credentials. Something the city officials apparently failed to properly accomplish.

In late 1984, Lavallee was accepted into the law enforcement academy, and shortly thereafter was hired as a New Smyrna Beach police officer.

Fast Forward To 1994
The Initial Investigation

Okay, here is where it gets a little fuzzy for us (VolusiaExposed). Apparently, per the records, in 1994, Lavallee's 1982 animal control application became the subject of an internal NSB PD / City investigation, regarding whether she had falsified her high school credentials.

The 1994 investigation focused on two subjects:

Whether Lavallee had lied about having a high school education on her 1982 employment application?


Who had placed a copy of Lavallee's 1984 GED into her city personnel file with a falsified 1982 graduation date?

How Did A July 1984 GED Become A July 1982 GED?

The focus of the city's internal investigation was the apparent fact that someone had manipulated Lavallee's 1984 GED to appear to have been awarded in 1982 - thus supporting her 1982 application that she possessed a high school education.

Lavallee's account of the matter supported the belief that she was being "set up", and she had no involvement in manipulating the dates on her GED.

However, it is fairly clear that someone between the years 1984 to 1994, had altered a copy of Lavallee's 1984 GED to appear to be a 1982 GED, and inserted it into her official NSB employment file.

Such actions would appear to be a falsification of public records, a probable criminal offense.

In the end, the City of NSB, apparently supported in a July 1994 Settlement And Non Disclosure Agreement, their belief that Lavallee had violated city policies by making a false statement regarding her 1982 employment application. She was temporarily relieved of her supervisory responsibilities within the NSB PD, and suspended for (15) days from the city's payroll.

Covering Up Misconduct
As President Nixon Discovered, The Cover-Up Is More Concerning Than The Initial Misconduct

Okay, it's time for you to put the cookie down - we don't want you to choke on the cookie as you read further.

In the July 1994 Settlement And Non Disclosure Agreement, the City Of NSB agreed "they and their attorneys, agents or employees have not disclosed and will not ever disclose, communicate, disseminate or publicize or cause to permit to be disclosed, communicated, disseminated or publicized the existence of this agreement or any of the terms of this agreement or any of the underlying acts either directly or indirectly, specifically or generally to any person, firm business, corporation, organization, association, governmental agency or any entity of any kind at all except as follows...."

Further the City of NSB agreed that this incident would NOT have any impact on Lavallee's future promotional opportunities. Five (5) years later this particular understanding would re-open this festering wound to more investigative examination.

The city agreed to all of the above, even though they held the belief that "Lavallee's actions were a violation of City Personnel Code Section X, Corrective Actions, Group III Offense, Par. C, Falsification, Destruction of or Misrepresentation made on personnel or City records".

A question arises - which is worst - an employee misrepresenting whether he / she has a high school diploma OR a city willing to help the employee to cover-up the misrepresentation? This question is especially important given Lavallee's law enforcement position. Citizens' lives and freedoms are very dependent on the truthfulness of their law enforcement officers.

Obviously, the question arises - will an officer that has failed to be truthful about his / her educational level, also manipulate evidence or observations in a criminal prosecution?

The above question has a chilling effect when it's realized that the New Smyrna Beach police department has a recent unresolved history of missing money and evidence in their evidence room.

Fast Forward To 1999
The Follow-up Investigation

According to records, in 1999, Lavallee claimed that her 1994 agreement with the city gave her a protected seniority status within the NSB PD.

New Smyrna Beach Police Sgt. Thomas Hoover raised a series of concerns connected to Lavallee's 1994 sustained misconduct (sustained - as per the 1994 agreement).

We (VolusiaExposed) invite our readers to review Sgt. Hoover's letter of complaint - see right of page. --->

Based on the complexities of Hoover's allegations against Lavallee - Police Chief Denver Fleming requested that the local State Attorney and FDLE conduct the investigation into the allegations.

By the end of 1999, the Criminal Justice Standards and Training Section of FDLE had determined that there was "insufficient ground to pursue any disciplinary action" against Lavallee's law enforcement certification due to the "misconduct occurring prior" to her law enforcement certification.

Apparently, neither the 1994 or 1999 investigations was able to determine who placed the falsified GED diploma in Lavallee's city personnel file, OR did it?

Maybe, that answer remains as much of a mystery, as who stole money and evidence out of the police's evidence room?

Sgt. Thomas Hoover's Complaint
Scroll Down To Review

Did NSB Non-Disclosure Agreement Protect A BRADY COP?

Well, first of all, there are NO officially listed Brady Cops within the Florida 7th Judicial Circuit.

In January 2012, VolusiaExposed.Com filed a public record request to the Office of State Attorney, R.J. Larizza (7th Circuit) for a copy of his Brady cops list.

In 2012, Larizza's office replied that they don't compile a Brady list.

We can imagine some of our readers saying - "what the heck is a Brady cop?". In response, we invited you to review VolusiaExposed's growing list of local Brady Cops. We started our own Brady list, after determining that the local authorities did not compile a list.

In short, Brady Cops are police officers that become exculpatory evidence, in the very cases, which they were the arresting officers. Their own past history of misconduct tends to call into question their veracity to be able to truthfully participate in the prosecution of a criminal suspect.

In the 1963 landmark U.S. Supreme Court decision, Brady v. Maryland, 373 U.S. 83 (1963), the court ruled that prosecutors must turn over all exculpatory evidence to the defendant's attorney(s).

Under Brady, this exculpatory evidence could present itself in many forms. The prosector might have knowledge of some eyewitness testimony that doesn't support the guilt of the criminal defendant. In such instances, the prosecutor would have a Brady disclosure mandate to report this exculpatory information / evidence to the defense.

Regarding Brady Cops, these officers own past history of misconduct, would mandate a Brady declaration by the prosecutors' office.

In order to properly track, and to comply with Brady cop declarations, many prosecutors develop and maintain what is commonly referred to as a "Brady Cop List".

Brady Lists
Public Record Or State Secret

In some states, like Florida, both public employees' personnel files and Brady lists are public records, that are open to public inspection.

However, in some jursidictions, like California, these records are treated more like state secrets.

In these "state secret jursidictions", not only must the public trust their prosecutors to properly report the existence of Brady Cops, the prosecutors must also sometimes sue law enforcement agencies for access to officers' personnel files. --->

Isn't it both ironic and sad, that in these jursidictions, the police can quickly verify a citizen's background - but the citizen, or prosecutor's office must engage in a legal battle, in order to discover whether the officer in question has a questionable background history?

Click Below Image To Read Entire Memo

Is Lavallee A Brady Cop?

Since the State Attorney Larizza does not maintain a "Brady List", and since the New Smyrna Beach Police cleansed Lavallee's personnel file via their non-disclosure agreement - has Lavallee been functioning as a unidentified Brady Cop for the last (20) years? We (VolusiaExposed.Com) suspects that she has. Therefore, Acting Police Chief Donna Lavallee has become our newest addition to VolusiaExposed's Brady Bunch.

Final note - should any of our readers have any additional information regarding former Police Chief George Markert's departure from the NSB PD - we would like to hear it - we're listening.....


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.


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.