Channel 8 On Your Side Evidence Issues

I just viewed the program on channel 8 which exposed alleged problems at the Highlands County Sheriff's Office regarding evidence storage. I almost vomited when I heard the comments of the Tenth Circuit SAO say that because of evidence issues, they have had to accept plea deals lesser than what they wanted. Next time someone from that office is on camera, the media should ask them about domestic violence victims and how they automatically reduce charges when it pertains to pregnant women being battered. State law clearly states anyone who strikes a pregnant woman and knows or should have know she is pregnant is guilty of aggravated battery, a third degree felony. However, this same office that has had to accept "lesser plea deals" due to evidence issues in Highlands County, automatically changes these felony battery cases to misdemeanor battery cases when the unborn child isn't put in danger. Nowhere in the state law does it say the unborn child has to be harmed or threatened to prosecute these cases. What a sad state of affairs for women who are pregnant and battered. Also ask them when was the last time they prosecuted a defendant in a domestic violence case where the victim did not cooperate (sometimes out of fear of the defendant), but the investigating officer had pictures of injuries and a written statement from the victim describing the battery. State law also allows for this, but it doesn't seem to happen around this circuit.

Sheriff Benton clearly stated in this story no one had been set free or their sentences been changed because of evidence issues at the Sheriff's Office. My concern is not for cases where original evidence may be compromised, but for the cases that do have evidence that aren't prosecuted! Too bad these issues aren't media worthy. Can I get an amen?

Wow, I wonder how this story came to Channel 8. What a mystery this must be. Who on earth would have that kind of motivation to do such a hateful thing. Hmmmmm. Oh well, I guess the world will never know.

I just viewed the program on channel 8 which exposed alleged problems at the Highlands County Sheriff's Office regarding evidence storage. I almost vomited when I heard the comments of the Tenth Circuit SAO say that because of evidence issues, they have had to accept plea deals lesser than what they wanted. Next time someone from that office is on camera, the media should ask them about domestic violence victims and how they automatically reduce charges when it pertains to pregnant women being battered. State law clearly states anyone who strikes a pregnant woman and knows or should have know she is pregnant is guilty of aggravated battery, a third degree felony. However, this same office that has had to accept "lesser plea deals" due to evidence issues in Highlands County, automatically changes these felony battery cases to misdemeanor battery cases when the unborn child isn't put in danger. Nowhere in the state law does it say the unborn child has to be harmed or threatened to prosecute these cases. What a sad state of affairs for women who are pregnant and battered. Also ask them when was the last time they prosecuted a defendant in a domestic violence case where the victim did not cooperate (sometimes out of fear of the defendant), but the investigating officer had pictures of injuries and a written statement from the victim describing the battery. State law also allows for this, but it doesn't seem to happen around this circuit.

Sheriff Benton clearly stated in this story no one had been set free or their sentences been changed because of evidence issues at the Sheriff's Office. My concern is not for cases where original evidence may be compromised, but for the cases that do have evidence that aren't prosecuted! Too bad these issues aren't media worthy. Can I get an amen?
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I would like to add my 25 cents here.. don't bash sao for having to lower charges in DV cases.. when these cases get to the sao either in misd division or felony.. what they encounter is almost every case is a rude hateful victim who states that because of the sao her bills are not being paid.. she loves him... she told the cops she didn't want to press charges.. what does she have to do to get him out of jail... pull most jail phone calls and she is calling him that night... go sit in a dv class which by the way is requred if you want to drop charges in dv cases. these ladies see LEO:\'s and SAO to be the bad guys. they have no choice but to lower or dismiss charges... unless you have good witnesses in the cases and in most cases you don't... it is impossible to go forward on these cases without the victim and if you are the leo your testimony is here say you can only testify to what the victim told you.... and you know they will lie thru the one good tooth they have... to keep there man out of jail... been there seen it got the stress lines of dealing with dv victims to prove it.... very few go forward on these cases. and as far as evidence problems all agencies have issues in this area.. the grow house thing is out of control.. there is not enough room to store this stuff,,,,, they need to video tape the pot plants or pictures and destroy the stuff after words... although keeping enough to be tested for positive drug results... my opinion on this is the feds show up and pick and chose what case there gonna take ... they need to handle the whole grow house issue period.. we don't have enough resources to deal with this...no bash against the hcso here...

Wow.....I see a bunch of excuses in the above post on why the system can't do their job. I wonder if law enforcement took those same views how cases would be handled. "I'm sorry maam he knocked your teeth out but since you don't want to do anything, I'm not going to arrest him." Funny how LEO's are usually mandated to make the arrest, but the "system" can just file 13 the case if the victim doesn't want to prosecute. If the officer or deputy didn't make the arrest at the scene regardless of the victim's wishes, he or she would probably be charged criminally especially if the offender hurt the victim seriously within the next few days. What about the written statements the victim gives at the scene saying the defendant punched, kicked, spit, slapped, etc. and there are photos to prove it. Those can be introduced into evidence can't they without being heresay. When and if it went to court and the victim changed their story, what about filing a false report charge or perjury?

And how would you like it if one of your loved ones was pregnant and went out shopping only to have some thug punch her in the face and give her a bloody nose, get arrested on a felony charge, and have the charge lowered to a misdemeanor which is not suppored anywhere in state law. Talk about re victimizing the victim!

I know it can be challenging dealing with cases, victims, defendants, trials, etc, but for goodness sakes, take a stand and fight the good fight. It's the only legal recourse we have against evil.

It's also a well known fact that regardless of anything ALL of the grow house suspects are charged leniently. They make it sound as if that guy was the only one, when because the way the laws are writen these guys get off with a slap on the wrist. I dont know if the whole JERRY HILL law thing played a part in the lenient charges to begin with, but why do we have to bother with careful and thorough video taping if that video evidence means nothing. I have seen several such video tapings. The whole residence is caught on film, including the labeling of each room and filming of each individual plant (right down to the root). If you ask me I think the plants should be burned on site and not even collected, as it is far too much of a pain in the arse for collection and just has to be destroyed later anyways. If anyting a small sample can be taken of each plant to test for a positive cannibis result.

You might want to check, but I KNOW that there was NOT video or photos taken on all the grow house cases. Also, there is case law wherein, if you have evidence, you must produce it. It would have been smart, and within state law, to have disposed of the marijuana. But for unknown reasons, the marijuana was not destroyed and instead put in, of all things, a hot house (an un-air conditioned semi-trailer). Good thinking there!!! And to have that much pot on hand sure might lead one to wonder if there might be other reasons that it was being stored???? Now, I wonder why????? Could it be...........??

Benton still says no case will or has been compromised, yet the State Attorney says many have. At the beginning of the video by Steve Andrews, he is shown a dozen or more cases, to start with, that have been compromised. Now I wonder, who is right??? And is Benton going to be held accountable for the compromised cases??

Isn't it time for a Grand Jury to look into the problems with the evidence held by HCSO?

Wow.....I see a bunch of excuses in the above post on why the system can't do their job. I wonder if law enforcement took those same views how cases would be handled. "I'm sorry maam he knocked your teeth out but since you don't want to do anything, I'm not going to arrest him." Funny how LEO's are usually mandated to make the arrest, but the "system" can just file 13 the case if the victim doesn't want to prosecute. If the officer or deputy didn't make the arrest at the scene regardless of the victim's wishes, he or she would probably be charged criminally especially if the offender hurt the victim seriously within the next few days. What about the written statements the victim gives at the scene saying the defendant punched, kicked, spit, slapped, etc. and there are photos to prove it. Those can be introduced into evidence can't they without being heresay. When and if it went to court and the victim changed their story, what about filing a false report charge or perjury?

i didn't say it was right ... i said that this is how it goes 99% of the time.. the officers are doing there jobs under fla state statue by arresting the losers..it is sad the officers have to do all that work for nothing... yes photo's and taped statements are good evidence but bottom line is you need the victim... and as far as filing false police charges... that in it self is a pain in the butt... you have to put that back on the arrsting leo and god knows they have enough crap to do.. its a misd and only probation would be given.. yes there is jail time under the fss but they always get probation if that. don't blame the system for this.. most of these woman have 5 or 6 kids and no where to go they are scared to be on there own they have known no other life but a life of turmoil... victim advicates can only do so much.... .. and by the way if they have a good victim in the case who is on board.. that arresting officers is really not needed... you can only testify to after fact and what she or he told you and that would be considered hearsay.. sorry but that is how it goes.. welcome to florida!!!!!!.. i would invite you to go sit in on a dv class... those ladies are mad as heck that they have been dragged in there.. the sit there huffing and puffing... rolling there eyes.. it is unreal... but also very sad at the same time... i have no beef against leo.. they work very hard.. but this IS how it is and there is just no changing it.. i don't care who is state attorney

I beg to differ. It is my understanding surrounding circuits have had success prosecuting cases without the victim in recent years. How do they prosecute murder cases? You don't have the victim there to testify in those. All you have to do is try once in a while instead of finding a reason why it won't work. It's time we are ALL held accountable.

How right you are......... SOMEONE SHOULD BE HELD ACCOUNTABLE. How come the people responsible for the missing evidence aren't being held accountable??

How did this topic get involved with domestic assault instead of the evidence issue??

Guest Again, according to your post you want someone to be held accountable. Maybe your right, maybe someone should be. But who do you think that person should be? Do you want to stand out and be the accuser? Think for a moment, should it be the current members in unit? Or should the problem be classisified as a pre existing condition that our current administration inherited from the previous administration. I do beleive there has been a frequent turnover in staff in the unit and the problem probably continued to be passed along from one person to the next. So does the problem fall upon the shoulders of the administration for not doing the right thing or upon the lowly members in the day to day mess of things. If the later is your choice, well you might have to go out of state to bring back some of the culprits who used to handle the evidence. Then again, some are still around, just in different job discriptions at the present time. Oh well maybe you should go down there and tell the folks how to run the evidence unit. Leave those folks alone, I think they are doing the best they can and probably better than you or I could do in a like situation. Nuff said!!! Oh by the way I work in the Detention Bureau so really I don't have to worry about it at all. Just trying to get accreadited at the present time, like LEB.

It looks like the first post was using the domestic issues as an example to make a point about the special report broadcasted by channel 8. In other words, if a part of the "system" starts casting blame and pointing fingers at a law enforcement agency on why this or that couldn't be done, it better not live in a glass house.

I beg to differ. It is my understanding surrounding circuits have had success prosecuting cases without the victim in recent years. How do they prosecute murder cases? You don't have the victim there to testify in those. All you have to do is try once in a while instead of finding a reason why it won't work. It's time we are ALL held accountable.


murder and dv cases are 2 different things.. once again go spend some time at the sao and you will see... are system is messed up.. we have a long way to go to change it... happy turkey day!!!!!!!

Justice consists not in being neutral between right and wrong, but in finding out the right and upholding it, wherever found, against the wrong.
-Theodore Roosevelt, 1916