VOLUSIA EXPOSED.COM |
|
In The Defense Of Richard J. Thripp Does The Thripp Prosecutor Have An Inappropriate Comfort Level With False Statements By Law Enforcement Officers? |
March 20, 2017 |
|
Judge Joseph Will's Entire Order State Of Florida Vs. David Allen Beauprez |
Initially, VolusiaExposed had little interest in the Thripp matter. Sometime shortly after Thripp's late December 2014 encounter with the Volusia County Sheriff's Office (VCSO) - Mr. Thripp made contact with us. However, based on the fact that the responding deputies had departed the Thripp residence WITHOUT kicking in his front door - or arresting him - we initially felt that the Thripp incident did not rise to the level of needing to be "exposed". Basically, VolusiaExposed opted to give the VCSO the benefit of the doubt. It was not until the summer of 2016 - when Mr. Thripp again reached out to us - stating that the State Attorney's office had filed the criminal charge of making a false 911 call connected to the December 2014 event (17 months later) did we believe that the Thripp incident rose to the level of needing to be given a second look and possibly "exposed". Did The Sheriff Investigator Lie?
Investigator Graves goes on to state within his charging report - that Thripp's adult son was only responding to VCSO questioning in one word responses - thus, justifying the VCSO to have concerns that the son's responses were being made under duress - thereby, justifying the VCSO's continued presence on the Thripp homestead. However, Thripp's home videos clearly recorded his son responding to the deputies in full sentences - never using one word responses. Given that the son was responding in full sentences - and "IF" the only reason the VCSO was outside the Thripp house in the early morning hours of December 26, 2014 - was to conduct a safety check on the son - then the sheriff's office had no legitimate reason to remain on Mr. Thripp's property. However, the deputies continued in their efforts to have the Thripps exit the safety of their home. Why? We suspect that the VCSO was not there to merely do a safety check on the son - but rather they were there to interview both Thripps (father and son), in reference to the allegations provided by Patricia Platt - that Mr. Thripp had threatened both herself and her children. |
While we (VolusiaExposed.Com) do appreciate VCSO's need to confirm the safety of Thripp's son - we also appreciate the yet acknowledged fact - that they (VCSO) were also banging on Thripp's front door in an effort to get him and his son to exit their home - so that they could question them regarding Platt's allegation that Mr. Thripp had threatened her and her children.
Since Mr. Davidson - over two years after the event - can appreciate that the VCSO may have "pushed the envelope" - then maybe the VCSO & the State Attorney's office should appreciate that during the December 2014 event - the Thripps may have thought the same (VCSO is pushing the envelope) - and thus felt that their lives were endangered - thus justifying the dialing of 911. Some may argue that once the 911 operators advised Thripp that there were actual deputies at his front door - that he had an obligation to open his door to them - absent a search or arrest warrant. VolusiaExposed.Com would argue that those individuals were absent when their sixth grade civics teacher was reviewing the U.S. Bill of Rights. With all due respect to our Sheriff's Office - recent history has taught us that it can be a deadly proposition to answer your front door to law enforcement officers - especially when officers are being "so forceful and insistent - and perhaps pushing the envelope a bit". Need proof? Well here is one of just many examples that are available. The Thripp incident transpired in late December 2014. In early March 2015 (less than 3 months later) Volusia County Sheriff Deputy Todd Raible shot and killed Derek Cruice in his own living room. Deputy Raible was serving a warrant - as members of the VCSO kicked in the front door - and thinking that Cruice had a weapon in his hand - Raible shot and killed him. Cruice had no weapon in his hand - and the County ended up paying the Cruice family a $500,000 wrongful death settlement. We invite you to review Mr. Thripp's 911 calls that are inclusive to our October 3, 2016 article - when Thripp expresses his fears that deputies were going to shoot him - ironically the 911 operator assured Mr. Thripp that "the VCSO don't shoot people". Less than three month later - Mr. Cruice is shot dead in his own living room by VCSO Deputy Raible. So what is our point? Simple - Mr. Thripp is correct - it can be dangerous to answer your door to the police - expecially in the early morning hours - and while they are "pushing the envelope". |
The December 2014 Thripp incident transpired under the administration of then Sheriff Ben Johnson.
Sheriff Johnson was known for his vacillating tolerance regarding the public's usage of 911. Want to know more - read one of our earlier articles detailing citizens being charged (or not being charged) with alleged 911 abuses. Within the above linked VolusiaExposed.Com article, we invite our readers to review how differently Ms. Clark's and Ms. Marianetti's alleged false calls to 911 were handled. Recently elected Volusia County Sheriff Mike Chitwood's tolerance level regarding the public's usage of the 911 system seems to differ slightly from that of former Sheriff Johnson. During a recent town hall type meeting with the West Volusia hispanic community - Sheriff Chitwood encouraged the dialing of 911 should non english speaking citizens be stopped by officers and need a translator (click here - linked Daytona Beach News Journal article). VolusiaExposed.Com reached out to Sheriff Chitwood regarding his comment to call 911 (see our email to right of this page) - as of the publication of this article - Sheriff Chitwood has not responded to our email inquiry. |
Click Below To Read VolusiaExposed's Email To VCSO |
VolusiaExposed.Com holds the opinion that in the early morning hours of December 26, 2014 there was a de facto language barrier on-going between Mr. Thripp and the VCSO deputies.
Mr. Thripp was speaking the sometime forgotten language of this country's founding fathers - a language easily re-discovered within the the U.S. Constitution. While the VCSO deputies appeared more interested in "pushing the envelope" by speaking their own language - known as police practices. Many times these two languages are not mutually understood ! County Judge Belle Schumann is currently the assigned judge in the Thripp prosecution. It's our opinion - that based on some comments made by Judge Schumann - that she has poisoned the well of justice - making it nearly impossible for Mr. Thripp to secure a fair trial - with particular attention - from within her courtroom. VolusiaExposed.Com invites our readership to review our YouTube page and review all of our Thripp court hearing videos. VolusiaExposed.Com invites our readers to review our earlier linked article - as well as our January 10, 2017 Open Letter article - in which we discussed several of these concerns.
|
Based on our review of the Thripp matter - whether it's his interaction with the VCSO during the early morning hours of December 26, 2014 OR his failure to communicate with Judge Schumann - and finally what we perceive to be the REAL reason why the State Attorney is prosecuting him - we have come to the following conclusion / opinion.
Mr. Thripp is not being dragged through the local criminal justice system because of alleged false 911 calls. Rather - he is being prosecuted because he refuses to conform with the dictates of persons in power. VolusiaExposed.Com encourages all our readers to conform with the laws - but at the same time we encourage everyone to fight tooth and nail against the illegal dictates of powerful people. |
COOL HAND LUKE - 1967 Does Thripp Equate To Cool Hand Luke? |
In the early morning hours of December 26, 2014 - when the VCSO deputies were banging on Mr. Thripp's front door threatening to kick it in (videos attached to our earlier article supports this) Mr. Thripp knew his U.S. Constitutional rights. He inquired whether the deputies had a search or arrest warrant - they did not. The deputies were instead attempting, by threats of violence, ("pushing the envelope") to gain Mr. Thripp's submission to conform with their illegal dictates.
Thripp's refusal to conform - and the deputies not having warrants or having exigent circumstances - had to tuck their tails between their legs and depart the Thripp homestead. Now - law enforcement officers, judges and State Attorneys for that matter - don't appreciate having to tuck their tails between their legs. Newspapers and other media outlets are just chuck full of articles detailing how members of the criminal justice system violate the law in an attempt to "untuck their tails". This is where, and when, an informed and educated citizenry can, and hopefully does, keep our officials within the confines of the law - thus within the "envelope" - so to speak. We invite you to review our somewhat recent article on Brevard County Judge John Murphy. Judge Murphy was inquiring whether a public defender would waive en masse - his clients' U.S. Constitutional right to a speedy trial (6th Amendment). The public defender knew that the Court was unable to provide his clients a speedy trial - therefore the Court would be obligated to drop the charges against his clients - therefore he refused to waive speedy trial. Judge Murphy walked off the bench and proceeded to physically beat the public defender for his refusal to waive his clients' rights. The Florida Supreme Court eventually removed Judge Murphy from the bench. We present the proposition that the Volusia County Sheriff's Office attempted to "untuck their tails" by filing a false report against Mr. Thripp - alledging that Thripp made false 911 calls - while they (VCSO) were threatening to kick his front door in - absent having a legal right to be on the Thripp property. The VCSO lied in their charging report - in an attempt to justify their presence on the Thripp property by stating that Thripp's son would only respond in one word responses. Now it would seem that both Judge Schumann and Prosecutor Cromartie have no problems with false reports by law enforcement officers -- then again Mr. Cromartie seems to have a history of tolerance regarding false police reports. |
Prosecutor David Cromartie has a rather long history of having what we consider to be a high tolerance for law enforcement officers' lies. In 2011 - Cromartie was the prosecutor assigned to the David Beauprez drug prosecution. During the trial - Judge Joseph Will expressed a concern of how the police had gained access to Mr. Beauprez's home. The access to Mr. Beauprez's home led to the search of his home - and eventually to the drug evidence used in his prosecution. In short - Mr. Beauprez shared a home with his elderly mother. The police reported to the home and upon knocking on the door - advised the mother that they had received a 911 hang up at her address and could they enter under the guise of conducting a safety check of the house. In fact - the 911 hang up was a law enforcement lie. The thick irony of it all - Mr. Thripp is charged with making a false 911 call - and the police lie about receiving 911 calls. Judge Will issued an opinion in this case - highly critical of how law enforcement lied in order to obtain access to the Beauprez home. As Judge Will stated in his Beauprez decision - "In their quest to cross the citizen’s threshold, the police need only create a sufficiently frightening, tempting, or threatening lie to trick the citizen into opening her door" - we submit that this was exactly what the deputies were attempting to do at the Thripp homestead in the early morning hours of December 26, 2014. While Judge Will agreed that law enforcement officers can lie to criminal defendants - he further noted that there is a price to be paid when officers start lying. Judge Will states that - "there is a significant sacrifice by the state when it relies upon dishonest police conduct at the base of its prosecution". Judge Will apparently goes on to say - that once a police witness admits to lying - the officer has damaged his / her credibility within the courtroom. We agree. However, we believe that the officer's credibility is damaged beyond his / her courtroom presence. It's apparent to us that Mr. Thripp knew that the responding officers had no legal right to enter his home - absent a warrant or exigent circumstances. However, the evidence is clear and is available within the videos - that the officers were assuring (lying) Mr. Thripp that they did have a legal right to enter his home - and would kick in the door if he did not open the door. The 911 operators in our opinion were backing that lie. |
Judge Joseph Will's Entire Order State Of Florida Vs. David Allen Beauprez |
The Cost Of A Lie During a January 2016 Judicial Nominating Commission interview - in which Mr. Cromartie was attempting to convince the local JNC commissioners to forward his name to Governor Rick Scott for an appointment as a local circuit court judge - Cromartie mentioned a DUI case he had prosecuted. Mr. Cromartie was proud of the fact that once he became aware of a law enforcement officer's lie in the DUI case - he allowed the case to be overturned in appeal and then allowed the defendant to plea to a reduced charge.(reference video : around minute 6:55) --> It is of interest that later in the interview (reference video : around minutes 8:50-11:45) one of the commissioners questioned Cromartie about why he even prosecuted the DUI given that his main officer had been untruthful? Cromartie replied that he offered the plea bargain instead - because he knew the defendant was guilty. However, we invite you to listen to how Cromartie "knew" that the defendant was "guilty" - it was because of the blood evidence - the very same evidence obtained because of the officer's untruthfulness. Was this fruit from the poisonous tree (using evidence obtained illegally)? |
Judicial Nominating Commission Meeting February 24, 2016 David Cromartie
In February 2016 - Prosecutor David Cromartie interviewed in front of the local Judicial Nominating Commission (JNC). The JNC was tasked with forwarding the (6) six best candidates to Governor Rick Scott - so he could appoint our next circuit court judge. The local JNC opted NOT to forward Cromartie's name to the governor's office. VolusiaExposed.Com suspects that the rationale for the JNC's decision not to forward his name - can be found within minutes 6:55 and 8:50 - 11:45 of the above video recording of his JNC interview. |
We invite you to listen closely to how the JNC commissioner questions Cromartie as to why he didn't just drop the prosecution of the DUI suspect - given that the arresting officer had lied. We suspect that the JNC did not forward Mr. Cromartie's name on their short list to the governor based on Cromartie's willingness to forward a criminal prosecution based on a lie. Things That Make Us Go Hmmm |
In the summer of 2016 - retired Daytona Beach Police Officer Wendell Dallarosa was arrested for calling in a false 911 call.
Dallarosa's arrest report and 911 call audio have been incorporated within this article. We encourage our readers to review the arrest report for the particulars surrounding Mr. Dallarosa's arrest. VolusiaExposed.Com will focus on a direct comparison between Dallarosa's arrest report and the charging report filed on Mr. Thripp (Thripp was never arrested - just charged 17 months after the incident). The first thing that stands out as different in the Dallarosa and Thripp cases - is the fact that Dallarosa's call to 911 actually got officers to respond to the affected address. Mr. Thripp's calls to 911 - actually in the end - got the deputies to leave his property and to return to duty elsewhere. Dallarosa's call was short - but alleged that shots had been fired - when no shots had been fired. In our opinion - Dallarosa's 911 call put lives in danger - as police units responded code 3 to the affected address. It's of interest to us - that last year - the Port Orange police suspected that they had enough probable cause to arrest Mr. Dallarosa - but Mr. Cromartie eventually dropped the prosecution of Mr. Dallarosa without even demanding a deferred prosecution agreement (DPA) from Mr. Dallarosa. How do we know that? Because VolusiaExposed.Com made a public records request for any DPA in the Dallarosa prosecution and was advised via an email response from the State Attorney's office that no such record existed. During the same time frame (2016) - Mr. Cromartie believes he has enough evidence to prosecute Mr. Thripp for an alleged 2014 violation of the same criminal charge - a charge that was so questionable in 2014 - that the VCSO did not even make an arrest. When Dallarosa called and told the 911 operator that shots had been fired - he knew that was a lie - and that he was placing lives in danger. However, in the Thripp situation - the Sheriff Office has admitted to this publication that perhaps the deputies were "pushing the envelope" - and Thripp's home video clearly documents the deputies threats to kick in his front door. Is it reasonable to believe that Thripp had an honest fear for his - and his family's safety? We suspect so - how about you? |
Audio Not Avaliable On All Formats ASA David Cromartie's Advisement To Drop Charges Against Former Police Officer Dallarosa |
The State has offered Mr. Thripp a deferred prosecution agreement. Mr. Thripp has declined it - because one of the requirements of the DPA - is that Thripp must admit guilt. Apparently Thripp doesn't think he is guilty - and he is not willing to lie - by admitting guilt - just to satisfy a criminal justice system that appears to have a high tolerance of accepting lies as the truth.
Our final thoughts - Judge Schumann - face it - you are a public servant ....... Mr. Cromartie - re-read Judge Will's Beauprez decision .... Mr. Thripp - hire an attorney - they are out to put you in jail ...... Sheriff Chitwood - tell your deputies to stop "pushing the envelope" - just enforce the law while honoring the U.S. Constitution. Our readers - stand by to stand by -- more is surely to come..... Until then - if you want to know more about local Assistant State Attorneys using lies or misrepresentations within criminal prosecutions - might we suggest you read our past articles on local Assistant State Attorney J. Ryan Will. Heck - if you are having problems believing us - maybe you will believe the Florida Bar's conclusions. But - if you still need more - might we suggest you watch the 2015 Greenlaw brothers murder trial - prosecuted by Assistant State Attorney J. Ryan Will. The lies and conflicts of interest fly wild in that case. Adios for now ! |