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THE GRAY AREA OF LAW ENFORCEMENT

Volusia County Sheriff Deputy Suspended
For Texting Prosecutors During DUI Trial


Updated
July 15, 2019
"Blessed is he that expects nothing, for he shall never be disappointed". ~ Ben Franklin


Short Circuiting
The Judicial Process?


As was covered within a July 8, 2019 Daytona Beach News Journal (DBNJ) article, Volusia County Sheriff Mike Chitwood had initially terminated Deputy Robert Campbell's employment due to Campbell's involvement in texting prosecutors during a February 2019 DUI trial.

During the DUI trial, Deputy Campbell, present as the court baliff, was "coaching" the two state prosecutors (Richard Hill & Jake Westbrook) in the questioning of trial witnesses. (see attached IA report for particulars) --->

However, as is supported within the DBNJ article, as well as within the Sheriff's internal investigative report, Sheriff Chitwood met with Deputy Campbell. During said meeting, Deputy Campbell allegedly admitted to wrong doing. Due to Campbell's admissions, Sheriff Chitwood opted to reduce the deputy's disciplinary action to a mere suspension.

The "Gray Area"
Of Law Enforcement


It is of significance to this publication that during an unrelated April 2018 meeting of the Volusia County Personnel Board, Sheriff Chitwood testified that he had no choice but to terminate VCSO Captain Charlie Brown's employment because he operated within the "gray area" of law enforcement.

Captain Brown's "gray area" equated to him handcuffing and searching the home of a grandmother, while Brown was attempting to take the grandson into lawful custody.

During the Brown personnel board, Sheriff Chitwood voiced his concern that Brown had violated the grandmother's constitutional rights. (video available at above weblink)

This publication forwards the OPINION that Deputy Campbell's actions were "short circuiting" the DUI criminal defendant's constitutional right to a "fair and impartial" trial. In fact, the defendant was acquitted, but the acquittal may have had it's foundation in the probablity that the jury became aware of deputy's and prosecutors' misconduct.

Therefore, given Sheriff Chitwood's alleged low tolerance of his deputies working within the "gray area" - we are left questioning why Chitwood would rescind Deputy Campbell's termination?
"In All Fairness What He Did Was Stupid And UNETHICAL" ~ Sheriff Chitwood


Within the DBNJ article, Sheriff Chitwood was quoted as saying, in all fairness what he (Campbell) did was stupid and unethcial", but apparently, and as supported by, the filed CJSTC 78 reporting form, Sheriff Chitwood doesn't believe that Deputy Campbell's misconduct meets the definition of a "moral character violation".

No State Moral Character Violations Sustained By Sheriff Chitwood


In the State of Florida, the governing body for police, correctional and probational officers is the Criminal Justice Standards & Training Commission (CJSTC). Basically, the CJSTC is to law enforcement officers, as the Florida Bar is to Florida's attorneys.

The CJSTC has the statutory responsibility and authority (F.S. 943.1395(5)) to take appropriate actions against any officers that are found in violation of Florida Officers' Moral Character Standards, as defined within Florida Administrative Code 11B-27.0011.

All sustained violations of Florida Administrative Code 11B-27.0011 MUST be reported by the employing law enforcement agency to the CJSTC via a CJSTC 78 form.

The CJSTC has no authority to take any actions against officers whereas the employing agency ONLY sustained an employing agency policy violation.

Please note the CJSTC 78 form filed by the VCSO regarding Deputy Campbell (see above right). Sheriff Chitwood only sustained "agency policy violations" (see section 11 of the CJSTC 78 form) Therefore, the CJSTC has no authority, to take further disciplinary action against Deputy Campbell's law enforcement certification.

State Attorney's Minor Disciplinary Action


As is discussed within the DBNJ article, Sheriff Chitwood justified downgrading Deputy Campbell's disciplinary action due to the fact that the State Attorney's office had ONLY verbally counselled their prosecutors for accepting and responding to Deputy Campbell's texts.

Because of this, this publication is left with the following concerns.

1. Does the State Attorney Office, or the VCSO, even care whether other criminal prosecutions were affected by the prosecutors' and Deputy Campbell's misconduct?

2. Has Sheriff Chitwood modified his tolerance level of allowing his deputies to operate within the "gray area" of law enforcement?

3. When is a lie, not a lie?

4. We all realize that lady justice is supposed to be blind, but also she must be deaf for justice to prevail.

Our Final Thoughts
&
Our Newest Brady Cops


While Sheriff Chitwood alleges that Deputy Campbell acknowledged his wrong doing, in our OPINION, the VCSO internal affairs report does NOT support that. On page thirty (30) of the IA report, the internal investigator questioned Campbell, as to if he believed he was in violation of ten (10) mandates, to include using a cell phone while on duty. Deputy Campbell responded that he felt that he had NOT violated any of the mandates.

Therefore, in our OPINION - at a minimum - Campbell lied to either the IA investigator, or he lied to Sheriff Chitwood.

Based on the supportive documentation - and the documented counselling and disciplinary actions - this publication has come to the conclusion, that Deputy Campbell, and the two prosecutors qualify to be added to our list of "Brady Cops"....therefore.... meet the newest members of this infamous club - Deputy Robert Campbell, ASA Richard Hill & ASA Jake Westbrook.

And there you have it for now, .....stand by to stand by, there is surely more to come of this......

We look forward to your comments on this situation.

Drop us a line to let us know what you think.


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