Sheriff Mike Scott violated laws, Bushong claims

Here we go again.

Cue Act II of “He said, he said.’’

Sheriff Mike Scott directed employees to search criminal histories, then gave that confidential information to a county business owner, terminated Lee sheriff’s Lt. Lee Bushong said Thursday.

The two went at it in Sunday’s column. This offering follows suit.

Ten-year deputy Bushong — whom Scott demoted for sending a threatening e-mail and fired April 3 for calling a deputy and swearing at him — said Scott ignored federal and state law by directing employees to collect criminal background information on two job seekers for John Taylor’s Taylor Carpet One.

Scott, re-elected by an overwhelming margin last year, said he didn’t abuse the police search system.

He said he helped Taylor, his cousin, as he helps many others with their problems — and he has e-mails to prove it.

“It was nothing personal,’’ said Scott, 46. “It was a request from a local business for a prospective employee. We do criminal checks for a lot of people.

“I am well aware of policy on criminal history.’’

But Bushong said it violates sheriff’s office use of the National Crime Information Center and the Florida Crime Information Center — computerized indexes of criminal justice information for law enforcement.

“Information gleaned from NCIC/FCIC or Computerized Criminal History shall not be released to noncriminal justice personnel,’’ said Bushong, 34.

Yet Scott said when he and his assistant, Brandy Cartaino, respond to resident inquiries they get criminal info from the Lee County Sheriff’s Office Web site, which is accessible online to everybody.

“I think Brandy was on vacation when I asked Lee to check the criminal histories,’’ Scott said. “Lee is very thorough and he used the NCIC and FCIC system to find their histories.’’

Scott said he has access to national and state systems via his car radio, but does not use them in the office. He estimated more than 100 deputies signed agreements with the Florida Department of Law Enforcement to conform with policy; they re-certify every two years.

According to the FCIC Manual Chapter 2.3 on use of information:

• “Information ... accessed through FCIC workstations located in local law enforcement agencies cannot be used for noncriminal justice purposes or released to noncriminal justice personnel.’’

• “Access to FCIC or information retrieved from the files shall not be made available to noncriminal justice agencies or private individuals. Information ... including both wanted and criminal history information shall not be made available under Florida's Public Record Law.’’

• “Sheriff’s Office members shall not knowingly violate or cause another to violate any statute, rule, or regulation relating to the Office of the Sheriff.’’

Taylor said he asked the sheriff in a February e-mail for criminal histories on job applicants Alvaro Zavala and Vincent Cameron.

“Mike told me some things that were not good,’’ said Taylor, 45. “I hired Alvardo but didn’t hire Vincent. He just wasn’t the right fit for us.’’

Taylor said he didn’t receive preferential treatment from his kin.

“It was a quick check,’’ Taylor said. “I’ve been with him when people asked him to check this or that. He gives them his personal phone number. Mike told me that it was a public record and he could show me how to look it up.’’

Scott said there is no agencywide policy concerning free background checks for businesses.

“I frequently check warrants, arrest history and sex offender info when asked,’’ he wrote in a Tuesday e-mail. “I checked sex offender data in the 33912 area code for a local principal about two weeks ago.’’

Bushong said concern about the sheriff’s use of NCIC and FCIC systems was prompted by his crime analysts, who were “uncomfortable’’ gathering the information. Bushong said he asked if the request was professional or personal, and Scott told him it was personal.

Bushong said FDLE audits the sheriff’s office to make sure analysts provide proof their system searches are justified.

“I called him out on it,’’ Bushong said. “(NCIC and FCIC) can’t be used for personal business.’’

Bushong said Scott’s requests “put me in a hell of a position because I just violated some rules,’’ which had gotten some deputies fired.

Lt. Steve Ford, a deputy for 24 years, was fired Jan. 29, 2007, for filing misleading documents in a child adoption case. He was also cited for violating agency regulations when he checked on the girl’s father and used the police network for personal reasons.

Bushong said if Scott is found to have ordered misuse of the system, the punishment is harsh.

“The FDLE could suspend their access to criminal history,’’ Bushong said. “They could come in and take all the sheriff’s office computers.’’

The FCIC Manual Chapter said “the FDLE may reinstate access to the data upon receipt of satisfactory assurances that such violations have been corrected.’’

According to the FCIC Manual Chapter 2.3 on use of information:

• “Information ... accessed through FCIC workstations located in local law enforcement agencies cannot be used for noncriminal justice purposes or released to noncriminal justice personnel.’’

• “Access to FCIC or information retrieved from the files shall not be made available to noncriminal justice agencies or private individuals. Information ... including both wanted and criminal history information shall not be made available under Florida's Public Record Law.’’

• “Sheriff’s Office members shall not knowingly violate or cause another to violate any statute, rule, or regulation relating to the Office of the Sheriff.’’

Taylor said he asked the sheriff in a February e-mail for criminal histories on job applicants Alvaro Zavala and Vincent Cameron.

“Mike told me some things that were not good,’’ said Taylor, 45. “I hired Alvardo but didn’t hire Vincent. He just wasn’t the right fit for us.’’

Taylor said he didn’t receive preferential treatment from his kin.

“It was a quick check,’’ Taylor said. “I’ve been with him when people asked him to check this or that. He gives them his personal phone number. Mike told me that it was a public record and he could show me how to look it up.’’

Scott said there is no agencywide policy concerning free background checks for businesses.

“I frequently check warrants, arrest history and sex offender info when asked,’’ he wrote in a Tuesday e-mail. “I checked sex offender data in the 33912 area code for a local principal about two weeks ago.’’

Bushong said concern about the sheriff’s use of NCIC and FCIC systems was prompted by his crime analysts, who were “uncomfortable’’ gathering the information. Bushong said he asked if the request was professional or personal, and Scott told him it was personal.

Bushong said FDLE audits the sheriff’s office to make sure analysts provide proof their system searches are justified.

“I called him out on it,’’ Bushong said. “(NCIC and FCIC) can’t be used for personal business.’’

Bushong said Scott’s requests “put me in a hell of a position because I just violated some rules,’’ which had gotten some deputies fired.

Lt. Steve Ford, a deputy for 24 years, was fired Jan. 29, 2007, for filing misleading documents in a child adoption case. He was also cited for violating agency regulations when he checked on the girl’s father and used the police network for personal reasons.

Bushong said if Scott is found to have ordered misuse of the system, the punishment is harsh.

“The FDLE could suspend their access to criminal history,’’ Bushong said. “They could come in and take all the sheriff’s office computers.’’

The FCIC Manual Chapter said “the FDLE may reinstate access to the data upon receipt of satisfactory assurances that such violations have been corrected.’’

— Sam Cook’s column appears Wednesdays, Fridays and Sundays. Call 335-0384 or fax 334-0708.

so is today really CF's last offical work day or not, according to his own retirement announcement?

Go Bushong!

YA, GO AWAY!!!
:devil:

Go Bushong!

YA, GO AWAY!!!
:devil:

Go Bushong!

No way. its good to see him and Ciresi fighting back against his holiness the bald one.

so is today really CF's last offical work day or not, according to his own retirement announcement?I think NBC-2 said he was retiring today and that would be the end of any ongoing investigations of him?

btw I just found charles-ferrante.love.com, WTF!?

LOL, it doesnt look like they're showing him any love...

There's also dominick-ferrante.love.com, lee-bushong.love.com etc.

Three shootings by Lee deputies raise question: Who is investigating?
By STEVEN BEARDSLEY (Contact)
Originally published 6:15 p.m., Saturday, April 18, 2009
Updated 6:15 p.m., Saturday, April 18, 2009


LCSO

Guy Howard Petrey

Submitted photo of George and Deborah Vincent. Deborah Vincent has filed a complaint to the Department of Justice asking that an outside agency investigate her husband's death. George Vincent was shot by Lee County deputies in February.

RELATED STORIES
PHOTOS: Armed, suicidal, unemployed man shot by deputies in San Carlos Park
VIDEO: Bonita man shot by deputy made threats to President Obama, Gov. Crist and local TV station
Fugitive shot, killed after hitting officer with car, authorities say
More Crime news
POLICE BEAT: Saturday April 18, 2009
Ex-employee loses whistle-blower suit in Collier grave desecration case
Nine people all alive after alcohol-related head-on collision in Collier
Tell us about it
What would you add to this story? Tell us what we missed.
Do you have photos from this event? Documents we need to see? Share with us.
Upload photos & videos
More ways to get your stuff online and in the paper.


STORY TOOLS
E-mail story
iPod friendly
Printer friendly
Share and Enjoy [?]
BONITA SPRINGS — Three holes in a screen lanai mark the bullets that came for Guy Petrey.

The 47-year-old scrap metal collector was shot by a Lee County deputy at his Bonita Springs home in February, not long after he called the Lee Sheriff’s Office to make rambling threats.

Four days later, a San Carlos Park man, George Vincent, 49, was killed by Lee County deputies at his home when they responded to a call about a suicidal man who might be armed.

Now, as families of both men await the results of inquiries into each shooting, they share a common skepticism of a Sheriff’s Office investigating its own deputies.

“I don’t think they should investigate themselves,” said Hascal Petrey, Guy Petrey’s father.

Last week, George Vincent’s wife filed a complaint with the U.S. Department of Justice, requesting that an outside agency look into her husband’s case.

“I just want someone else to investigate,” Deborah Vincent said.

They’re not alone.

In a 2007 letter to Southwest Florida law enforcement agencies, State Attorney Stephen Russell advised that they look beyond their departments for criminal investigations of their own officers.

Yet, Lee Sheriff Mike Scott has continued to insist his agency is capable of investigating itself.

“I believe citizens support my unwavering contention the record of this agency speaks for itself, even when the focus of an investigation turns to a deputy or civilian employee,” he said.

Petrey and Vincent were two of three men killed by on-duty Lee County deputies in a span of weeks earlier this year.

The first was Arthur Lee Coleman, a fugitive targeted for arrest by an interagency task force. As officers closed in on Coleman’s location, he aimed his car at officers and struck one of them, lightly injuring an officer, according to reports. A Lee County deputy opened fire, killing him.

Petrey, who suffers from bipolar disorder, drew attention to himself by making threatening phone calls to a Fort Myers broadcast station and then the Sheriff’s Office. An agency spokesman said at the time that Petrey confronted deputies, leaving them no choice but to defend themselves. It was unclear if Petrey was armed.

George Vincent, depressed and acting out, was a danger to himself more than anyone else, Deborah Vincent believes. The Sheriff’s Office said he was armed and went for his gun when deputies approached him.

Coleman’s death is being investigated by the Florida Department of Law Enforcement, at the request of the U.S. Marshal’s Service, which was part of the fugitive task force that night.

The investigation into the deaths of Petrey and Vincent are being conducted by detectives in the Sheriff’s Office Major Crime Unit.

All three investigations will go through the State Attorney’s Office, where they will be reviewed for potential criminal charges.

Each remains unfinished and has yet to be reviewed, said Samantha Syoen, a spokeswoman in Southwest Florida for the State Attorney’s Office.

The Lee Sheriff’s Office also conducts its own internal affairs investigation, to determine if its policy was broken.

The office hasn’t released the names of the three deputies. Each has been placed on restricted duty, which keeps them away from most public interaction.

In his August 2007 letter to law enforcement agencies, Russell wrote that the growing size of circuit agencies, combined with his office’s limited resources, prevented him from handling full investigations. He recommended each agency use an outside department when investigating its own deputies.

“To ensure public confidence in the integrity and proper appearance of these investigations, it is my recommendation that no agency should conduct the potential criminal investigation of their own officers,” he wrote.

He suggested FDLE as an option.

“Our mission is simple, provide the facts and let them make the final determination,” he wrote.

Kristen Perezluha, a spokeswoman for FDLE, said many law enforcement offices turn to the agency for difficult investigations or those that hit close to home.

“They can just call our regional office ... and we’ll take it,” she said.

In the 10-county FDLE district that includes Lee County, no agency has an agreement established with FDLE to take deputy shooting investigations, Perezluha said.

But many still make the requests as needed.

FDLE is assisting the Collier County Sheriff’s Office in its investigation of a November shooting in which a man pointed a pellet gun at deputies. The agency also handled the investigation into the Fort Myers Police Department shooting of Abel Arango, the man alleged to have killed officer Andrew Widman in downtown Fort Myers.

All four officers involved in that shooting were cleared of wrongdoing.

FDLE also is investigating a Citrus County shooting in which a deputy shot and killed a man who fired at him after a car chase ended.

Citrus detectives are assisting, said Gail Tierney, a Citrus Sheriff’s Office spokeswoman, but FDLE investigators call the shots.

Tierney, who has worked in the office for 20 years, remembers a time when city police departments in the county forwarded their shooting investigations to the Sheriff’s Office.

“I really think it goes back to this whole idea of an independent assessment or evaluation of how deputies perform,” Tierney said.

Scott remains adamant that his office is the right agency to handle the inquiries.

In a written response to questions from the News-Press in Fort Myers, he wrote that his detectives were out for material facts. His detectives can clarify details for the State Attorney’s Office, should they need it, he added.

Fort Myers Capt. Rich Carr, who handles the agency’s internal investigations, agrees with Scott’s reasoning.

“Facts are facts,” he said.

But sometimes, he acknowledged, public perception leaves little choice but to ask for outside help.

“It comes down to a perception issue,” Carr said. “Sometimes it’s easier to have an outside agency involved in the investigation process to keep that perception down.”

James Muwakkil, president of the Lee County branch of the NAACP, which helped Vincent file her complaint, said perception goes a long way. He trusts Scott’s judgment, he said, but he noted the agency’s turmoil in recent weeks, with multiple demotions and internal investigations.

“It’s not about whether Sheriff Scott has the ability to police his department,” he said. “We know he does -- to what’s in his knowledge.”

Deborah Vincent said she’s troubled that detectives haven’t interviewed her nor her mother-in-law since the shooting. She hopes her complaint will lead to a new investigation.

As for the Petreys, they appear resigned to an investigation they believe could be flawed.

“I’m not angry,” said Linda Petrey, Guy Petrey’s mother. “There are just so many unanswered questions.”

Sheriff's Office veteran fired for erasing files
Sgt. Michael Maschmeier was fired after it was discovered he had downloaded file-scrubbing programs onto his work computer
By Nicholas P. Alajakis
12:00 a.m., Wednesday, January 25, 2006


More Local news
POLICE BEAT: Saturday April 18, 2009
Naples celebrates Planet Earth at Conservancy of Southwest Florida
Collier officials wrestle with question: Permit needed to replace a water heater?
Tell us about it
What would you add to this story? Tell us what we missed.
Do you have photos from this event? Documents we need to see? Share with us.
Upload photos & videos
More ways to get your stuff online and in the paper.


STORY TOOLS
E-mail story
iPod friendly
Printer friendly
Share and Enjoy [?]
A 26-year veteran of the Lee County Sheriff's Office with a recent history of reprimands has been fired after an internal investigation concluded he was deleting programs from his work computer.

Sgt. Michael Maschmeier was fired last week after internal investigators said he downloaded "scrubbing" programs that could be used to delete information on his office computer. Maschmeier most recently worked as a desk sergeant on the night shift at the LCSO's headquarters on Six Mile Cypress Parkway.

Scrubbing programs are commonly used to erase files on a computer's hard drive. It is unknown what was erased, said Lee County Sheriff Mike Scott.

"The issue is that he did it, not what he deleted," Scott said.

According to the internal investigation, Maschmeier gave vague reasons for downloading the scrubber programs. At one point he mentioned he thought it might speed up his computer, Scott said.

Maschmeier could not be reached for comment.

Scott said sheriff's officials know better than to download material that would be suspicious.

"It's common sense that you don't do that, especially on probation," Scott said. "It leads one to wonder why he'd do that."

This was not Maschmeier's first experience with Internal Affairs.

According to Internal Affairs records, Maschmeier was on probation for a lapse in job knowledge following a July 2005 incident where he handled what should have been a kidnapping case as a battery/domestic battery case. Because he did not handle the case as a felony, sufficient manpower was not dedicated to the case, according to records. For that incident he was suspended for two days and placed on six months probation. He was set to get off probation Saturday.

In May 2005, Maschmeier was verbally reprimanded for jailing a man who was arrested for an open container of alcohol in his car. Proper protocol for open-container arrests, which are considered non-criminal, requires only a citation, according to LCSO policy. Those are his only internal investigations since joining the force in January 1980.

Maschmeier also received attention in 2003 when a female co-worker accused him of striking her with a three-ring binder. That case was ruled as unsubstantiated, and he was not reprimanded, according to Internal Affairs Lt. Robert Sherry.

The co-worker, Rose Marie Reyes, did file a civil suit against him. That case is still going though appeals in Lee County courts, said Maschmeier's attorney, Mark Levitt.

The investigation that got Maschmeier fired also showed Maschmeier was using work equipment to file freedom of information requests related to Scott and Chief Charles Ferrante. It is against policy to fill out such requests on work equipment during work hours, Scott said.

Maschmeier's history of questioning authority had nothing to do with his dismissal, Scott said.

"No one is ever 100 percent happy with anything, but people express it in different ways," Scott said. "This isn't our property to do whatever we want. These computers belong to the people of (Lee County)."

Maschmeier's investigation initially included allegations of using his computer for excessive surfing of the Internet, but those charges were dropped because he worked late shifts, when there was more downtime, Scott said.

The investigation does not reveal what other items were found on Maschmeier's computer. Scott said most of the information was deleted.

"I shudder to think what we don't know about," Scott said.

Scott said he could not comment on whether other employees were involved in the downloading of scrubbing software, but said more action may come in the future.

414http://www.maximumpc.com/user/dswshoeswarehouse#1 DSW shoes 861 http://www.fuel.tv/dswshoes#1 dsw shoes v55 24z http://www.kaboodle.com/davidsbridal#1 davids bridal dresses :( 756 http://www.kaboodle.com/buyativan#1 ativan 41u http://www.fuel.tv/orderxanax#1 online xanax order :d 582 http://www.fuel.tv/buyativan#1 Buy ativan online :( 37 http://www.fuel.tv/davidsbridal#1 davids bridal gowns :d