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Ignorance of the law is no excuse.... especially if you are charged with enforcing the law. Did the VCSO violate Florida Statutes? A comparison between the Mark Carper and the Brian Pare incidents. |
January 25, 2013 |
What is it?
The Florida Baker Act, also known as, the Florida Mental Health Act can be found in Chapter 394 of Florida Statutes. The Baker Act is commonly used to either voluntarily or involuntarily commit individuals to mental health treatment that are at risk of being either a danger to themselves or others. ** this link is to the 2001 version of Florida Statute 394, due to the fact that the Deputy Pare incident transpired in 2001 Apparently, Deputy Pare was experiencing some emotional distress over his recent romantic break up with another VCSO deputy. The below records tend to indicate that this other deputy was Michelle Jacobs Brown (Newman).
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Sgt. Socha's report also documents that the doctor's (Florida Hospital - DeLand) initial evaluation concluded that Deputy Pare did NOT meet the requirements to be involuntarily Baker Acted. However, the report further suggest that it was understood that Deputy Pare would be admitted to the hospital (DeLand) in a voluntary status for further evaluation. unacceptable to VCSO administrators? regarding Deputy Pare's Baker Act? Did he suffer retaliation, because of his concerns? ** this report was secured from FDLE during a records search attached to Lt. Palermo's eventual separation from the VCSO Within approximately a year and a half, Lt. Palermo would submit his resignation, after the administration of the VCSO accused him of committing perjury. These allegations (perjury, etc) were apparently NOT attached to the Deputy Pare incident. However, Lt. Palermo's career did quickly sour, shortly after his written reprimand attached to the Pare incident. Lt. Palermo, during an March 4, 2003 interview, admitted that he had vocalized his concerns attached to Personnel Board member, Leonard Davis sitting on the Personnel Board, and Assistant County Attorney Nancye Jones prosecuting the VCSO's case against him. ** Leonard Davis was a former member of the VCSO administration, and Attorney Jones is the spouse of VCSO Captain Robert Jones. Captain Jones was in Lt. Palermo's chain of command, and a probable witness for the board hearing. Captain Jones was also attached to the Deputy Pare incident. March 4, 2003 statement in the involuntary Baker Act of Deputy Pare? According to the 2001 version of Florida Statute 394.463, it appears to verify that a law enforcement officer can only involuntarily commit an individual after the individual has refused a "voluntary examination after conscientious explanation and disclosure of the purpose of the examination"?? So, we (VolusiaExposed.Com) wonder how Sgt. Socha OR Lt. Palermo filed the below mandated MH-3052a Baker Act form (for Halifax Hospital)? Did they (Socha / Palermo) check the box that indicates that Deputy Pare had refused a voluntary examination? If so, would that qualify as a falsification? Did they (Socha / Palermo) check the box that indicates that Deputy Pare was "unable to determine for himself whether examination is necessary"? If so, would that qualify as a falsification? & The Mark Carper - Brian Pare comparison Did Captain Jones order Sgt. Socha and Lt. Palermo to involuntarily Baker Act Deputy Pare, in apparent violation of Florida law? While Sgt. Socha's and Lt. Palermo's reports tend to support that such an order was given by Captain Jones, at the end of the day, only Palermo, Jones and Socha know what really occurred. However, via the available paperwork, Deputy Pare clearly acknowledged his need for mental health assessment. This very same paperwork clearly indicates that Deputy Pare voluntarily admitted himself for such an assessment at Florida Hospital, in DeLand. The paper work further verifies that Sgt. Socha and Lt. Palermo returned to Florida Hospital, removed Deputy Pare from this assessment, and transported him across the county, to Halifax Hospital, placing him under an involuntary Baker Act. Why would Sgt. Socha and Lt. Palermo do such a thing - and were their actions, of involuntarily Baker Acting Deputy Pare, in compliance with Florida Statutes? Interestingly, while the VCSO had little to no problem insuring that Deputy Pare was involuntarily committed under the Florida Baker Act, their zest for such concerns proved somewhat lacking approximately ten years later. In April 2012, DeLand resident Mark Carper would allegedly threaten his neighbors, point a firearm to his head, refuse to obey lawful orders of deputies, thus causing a three and a half hour stand off with the sheriff's office - without the VCSO finding the need to ensure that Mr. Carper was either taken into custody for criminal violations, or taken into custody under the Baker Act. Approximately two weeks later, Mr. Carper would shoot and kill his neighbor, and then commit suicide. We invite you to review our Mark Carper article. Mark Carper article |
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. SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION by Matthew Doig and Anthony Cormier Volusia County Sheriff's Department Drop us a line to let us know what you think. EMAIL US |
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? No VCSO Press Release on Jail Rape? Rape at the Volusia Jail INFLUENCE THE JAIL'S RAPE INVESTIGATION? 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. Falsification of Documents by County Officials |