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IN THE DEFENSE OF DEPUTY HEATHER POST


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



Does former Deputy Heather Post
qualify for inclusion to VX's Brady Bunch list?



BRADY VS MARYLAND


VolusiaExposed.Com maintains what we refer to as our "Brady Bunch List" of police officers. Earlier this year (2012), VolusiaExposed.Com became aware that many State Attorney offices within Florida, and across the nation, maintain what is commonly referred to as a "Brady List". This list is developed and maintained by each particular State Attorney office, in order to effectively comply with the mandates of a 1963 U.S. Supreme Court decision Brady vs. Maryland, 373 U.S. 83 (1963).

In Brady, the court ruled that the prosecutor has the responsibility to give the defendant any and all exculpatory evidence (evidence that tends to prove the suspect not guilty). This exculpatory evidence includes, past histories of police officers, whereas, the veracity of those officers has come into question. In short, if a police officer makes an arrest, the defense has the right to know, if that arresting officer has moral character skeletons hiding in his / her career closet. A past history of providing false or misleading statements would be reportable under Brady.

When VolusiaExposed.Com became aware that two other Florida investigative websites had successfully secured and posted these "Brady Lists" from the 10th and 17th Judicial Circuit's State Attorney's offices, we decided that our readers would enjoy a review of the "Brady List" from the Seventh Judicial Circuit.

10th Judicial Circuit's State Attorney Brady list

17th Judicial Circuit's State Attorney Brady list

VolusiaExposed.Com made a public record request to the the Office of R.J. Larizza, the Seventh Judicial Circuit's State Attorney, for a copy of his "Brady List". Unfortunately, we were advised in a January 13, 2012 response, that the Seventh Judicial Circuit does not maintain a "Brady List".









IN THE DEFENSE OF
DEPUTY HEATHER POST


In the below attached VCSO Internal Affairs Investigation, Volusia County Sheriff Ben Johnson documents that Deputy Heather Post had valid veracity allegations sustained against her.

VCSO Internal Affairs Investigation
Deputy Heather Post


VolusiaExposed.Com has recently (November - December 2012) received several advisements from concerned readers, that former Deputy Post had reached a settlement agreement with the VCSO, and that Sheriff Johnson had apparently retracted some of the sustained allegations against her.

In fairness to former Deputy Post, as well as to the Volusia County Sheriff Department, we requested additional records from the VCSO in a desire to confirm that some of the sustained allegations had been retracted. Our desire was to re-evaluate whether former Deputy Post still qualified to be listed on our BRADY BUNCH LIST.

VolusiaExposed.Com was able to confirm that former Deputy Post did enter into a moderate financial settlement with Volusia County Govenrment, but the documents we received appear to support that the allegation of "untruthfullness" still remains as a sustained fact.

We did have concerns surrounding the apparent fact of Assistant County Attorney Nancye Jones' involvement in the settlement. (see below link) Attorney Jones is the spouse of VCSO Major Robert Jones. While no misconduct can be assigned to either Robert or Nancye Jones, the inference of a possible conflict of interest could be assigned, especially given former Deputy Post's allegations.

Settlement Agreement
Deputy Heather Post


It was further noted that former Deputy Post was allowed to resign, rather then to allow her record to continue indicating a termination. (see below memo from Sheriff Ben Johnson) However, Sheriff Johnson's memo does not indicate that any of the sustained charges had been retracted.

Sheriff Ben Johnson's
May 2011 Memo


Absent, a retraction from the VCSO, a successful appeal via the County Personnel Board or the Criminal Justice Standards and Training Commission or a ruling from a court with jurisdiction, Sheriff Johnson's findings stand. Therefore, in our opinion, former Deputy Post has sustained veracity charges that qualify her to be on our BRADY BUNCH LIST.


IN FAIRNESS TO
DEPUTY HEATHER POST


NOW, in fairness to former Deputy Post - VolusiaExposed.Com does recognize the documented findings attached to her Unemployment Compensation Appeal. The Unemployment Compensation Appeal Referee, Abdullah Muhammed apparently conducted his own investigation into the events surrounding Post's separation from the VCSO. According to the below appeal findings, Mr. Muhammed interviewed several of the witnesses attached to the original VCSO internal investigation. Mr. Muhammed documents "conflicting testimony" and "no evidence - that the claimant (Post) violated an established policy". Mr. Muhammed documented that the VCSO/ County of Volusia "has not shown that the claimant's (Post) actions constituted misconduct connected with work." Mr. Muhammed documented that it was his finding that the testimony of the claimant (Post) was "more credible". (please review highlighted areas of the below report)

UnEmployment Decision
Deputy Heather Post



DECISION TIME
YOU DECIDE


So, in the end - each one of our readers will have to decide for themselves - do you accept the official VCSO investigation as accurate, and therefore, former Deputy Post did violate moral character standards? Or do you accept Mr. Muhammed's investigative findings? Whatever is your individual decision, for us here at VolusiaExposed.Com, we must reluctantly accept the VCSO investigative findings - therefore, former Deputy Post will remain on our BRADY BUNCH LIST.

------------------------------------------------------------------------------------------------
SNAP SHOT

Sheriff Ben Johnson

Three things that Sheriff Johnson and U.S. General George Patton share in common
Their appreciation of tanks, their temper, and their mistrust of the media.


Sheriff Ben Johnson's opinion of why a
Daytona Beach News Journal reporter
attended a political debate.

Sheriff Johnson claiming that
he is being politically ambushed

Sheriff Johnson claiming that
he does not drink.
(October 2012)

While VolusiaExposed, obviously has many concerns on the current administration of the Volusia County Sheriff Department, like General Patton, we do respect Sheriff Johnson's devotion to his beliefs, positions and his service.


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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.

EMAIL US



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 Jail Rape?


VolusiaExposed.Com article
Rape at the Volusia Jail



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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



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