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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.


Updated
January 25, 2013
"Every organization rests upon a mountain of secrets." - Julian Assange



THE FLORIDA BAKER ACT
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.

Florida Baker Act / The Florida Mental Health Act
** this link is to the 2001 version of Florida Statute 394,
due to the fact that the Deputy Pare incident transpired in 2001




THE BAKER ACTING OF DEPUTY PARE

According to the below attached documents, in late August 2001, VCSO officials were alerted to concerns attached to Deputy Brian Pare.

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).

Deputy Pare incident report - August 2001


Deputy Michelle Brown (Newman)

Recently, Deputy Michelle Newman was the subject of two separate VCSO internal affairs investigations. Both investigations contained allegations of possible improper fraternizations by Deputy Newman. One of the investigations sustained no misconduct against Deputy Newman, while the other investigation did sustain misconduct, which resulted in her demotion from captain to lieutenant.

The Volusia Sheriff Dept.
Fraternization Investigation


** the anonymous complaint attached to the above fraternization investigation, included an allegation that Deputy Michelle Brown Newman and Major Robert Jones had engaged in a fraternization relationship.
THIS ALLEGATION WAS NOT SUSTAINED
BY THE VCSO INVESTIGATION.
Captain Michelle Newman
FBI National Academy
Expulsion Investigation





Deputy Pare seeks voluntary evaluation / treatment

According to the incident report filed by VCSO Sgt. Socha, Deputy Pare freely admitted that he needed psychological counselling and would voluntarily seek such at the DeLand Florida Hospital.

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.

Sgt. Socha's Report - August 2001


Was Deputy Pare's voluntary status
unacceptable to VCSO administrators?


According to Sgt. Socha's report, when Lt. Palermo advised VCSO Captain Jones of Deputy Pare's voluntary treatment status, Captain Jones was not satisfied that Deputy Pare had not been involuntarily committed under the Baker Act. Sgt. Socha's report further documents that both himself and Lt. Palermo returned to the DeLand hospital, under orders and transported Deputy Pare to Halifax Hospital, in Daytona Beach, for involuntary commitment under the Baker Act.


Did Lt. Palermo's express some concerns
regarding Deputy Pare's Baker Act?
Did he suffer retaliation, because of his concerns?


Apparently, Lt. Palermo also filed a report, in which he articulates his concerns surrounding the Baker Act of Deputy Pare.

Lt. Palermo's report
** this report was secured from FDLE
during a records search attached to
Lt. Palermo's eventual separation from the VCSO


It would appear (see the above document) that Lt. Palermo received a written reprimand attached to his questioning of Captain Jones' alleged order regarding the involuntarily Baker Acting Deputy Pare. Apparently, Lt. Palermo held the belief that Captain Jones' order, was an unlawful order.

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.

Conflict of Interest?

During his final internal affairs investigation, the VCSO was somewhat critical of Lt. Palermo vocalizing his conflict of interest concerns attached to his January 31, 2003 County Personnel Board hearing.

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.


Excerpt of Lt. Palermo's
March 4, 2003 statement


Did the VCSO / County of Volusia (whether purposely or preceptively) deny Lt. Palermo a fair Personnel Board hearing, as a form of retaliation, in response to his earlier vocalize concerns surrounding the Baker Act of Deputy Pare? If you (our reader) were Lt. Palermo, would you have concerns that your Captain's spouse (a man you had inferred issued you an illegal order regarding the Deputy Pare Baker Act) was prosecuting the county's disciplinary case against you? Or that one of the four board members, on the County Personnel Board, was a former administrator within your employing agency, the VCSO?


Did the VCSO violate Florida Law
in the involuntary Baker Act of Deputy Pare?


Does a review of both Sgt. Socha's and Lt. Palermo's reports, tend to support that Captain Jones ordered them (Socha / Palermo) to secure Deputy Pare from Florida Hospital, and to involuntarily commit him under the Baker Act at Halifax Hospital?

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"??

F.S. 394.463(1)(a) - 2001 version

Now remember, according to Sgt. Socha's report (see above link), not only did Deputy Pare admit that he needed treatment, but he had, in fact, voluntarily admitted himself for treatment at Florida Hospital (DeLand). Sgt. Socha's report also states that after a forty five minutes evaluation, the doctor at Florida Hospital had concluded that Deputy Pare did not meet the criteria to be Baker Acted.

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 MH-3052a form



Final Thoughts
&
The Mark Carper - Brian Pare comparison


So in the end, what do we (the public) know about the Deputy Pare 2001 Baker Act?

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.

VolusiaExposed's
Mark Carper article




Listen to Sheriff Johnson explaining his rationale for not Baker Acting Mark Carper





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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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