FDLE's credibility destroyed

[Unregistered]

Not surprised based on what's being posted on these forums. When you have a big ego it appears you'll do anything to do someone in? Even other cops and your own people?


http://staugustine.com/news/local-ne...lity-destroyed


Deputy Banks’ attorney claims FDLE agent’s credibility ‘destroyed’

Attorneys for St. Johns County sheriff’s deputy Jeremy Banks filed a motion in a federal court in Jacksonville Thursday claiming Florida Department of Law Enforcement agent Rusty Rodgers “destroyed” his own credibility and asking that his defenses and pleadings be thrown out in an ongoing civil rights and malicious prosecution suit brought against the embattled agent.

An FDLE report released last March said Rodgers’ investigation into the 2010 death of Michelle O’Connell was “substandard” and that Rodgers, among other things, left details out when documenting an interview, added a word to a quote in multiple affidavits and failed to document a text message in his investigative report.

READ MORE: Family has Michelle O'Connell's body exhumed; private investigator says evidence found

According to a news release, attorney Mac McLeod, representing Banks, seeks (by striking Rodgers’ defenses) to proceed with determining any damages “awardable” to Banks “who has endured years of false allegations he was responsible for his girlfriend’s death, which was ruled a suicide by 3 separate medical examiners and 2 State Attorneys.”

Banks sued Rodgers in 2014, claiming Rodgers worked under a theory Banks was to blame in O’Connell’s death.

O’Connell died of a gunshot wound through her mouth on Sept. 2, 2010, in Banks’ home. Banks was, and still is, a sheriff’s deputy. The gun that fired the fatal shot was his service weapon.

The death, initially investigated by the St. Johns County Sheriff’s Office, was eventually ruled a suicide by the local District 23 Medical Examiner’s Office.

Last month, the state’s Medical Examiners Commission recommended disciplinary action for Chief Medical Examiner Dr. Predrag Bulic and associate medical examiner Dr. Frederick Hobin, both involved in the 2010 investigation. The vote came after a panel found probable cause both men violated Florida statutes and “practice guidelines” in their handling — and the office’s handling — of documents associated with the case.

Some members of O’Connell’s family have said she wouldn’t have killed herself and some have questioned the integrity of the original investigation and believe Banks is responsible, though he has denied any wrongdoing.

Thursday’s motion is the latest development in ongoing proceedings that have played out in the courts and the media since the 2010 death.

The motion, which characterizes Rodgers’ conduct as a “cancer” to the justice system, claims Rodgers “repeatedly engaged in outright misrepresentations and perjury” while testifying under oath, providing several examples.

In the motion, McLeod claims Rodgers took “extreme and unlawful measures” to make sure Banks was charged with O’Connell’s murder, despite “overwhelming evidence” and the medical examiner reports indicating otherwise. The motion also says Rodgers initially admitted in his deposition “he did not have (or even consider) probable cause” to believe Banks was “criminally culpable.”

“Rodgers aggressively advocated his unsupported theory Banks was guilty of murder to others, including Michelle’s family members, Banks’ employer, witnesses, law enforcement officials, prosecutors and their investigators, medical examiners and a County Judge,” the motion continues. “Among the many instances of his intentional misconduct, Rodgers manipulated evidence to suit his theory, communicated false factual representations indicating Banks’ culpability to others and knowingly omitted significant exculpatory evidence, in an effort to have the official suicide findings changed to homicide and charges brought against Banks for murder.”

READ MORE: Judge's order says O'Connell lawsuit against Rusty Rodgers can go forward; FDLE out of case

The motion says Rodgers’ efforts continued after the conclusion of his investigation despite independent findings by two state attorneys’ offices that there was insufficient probable cause to bring charges against Banks for any crime.

Also under the microscope are Rodgers’ sworn statements throughout the litigation denying conversations and circumstances reported by others or making counter accusations. In his deposition, Rodgers repeatedly denied telling anyone Banks murdered Michelle O’Connell.

Rodgers at one point testified he had conveyed to others that O’Connell “didn’t kill herself” (rather than saying Banks had murdered her). At another point, he said there was a “good possibility,” based on the evidence, that Banks and O’Connell “might have been fighting over the gun and that the gun accidentally went off.” Asked to clarify his statement on the gun “accidentally going off intraorally,” Rodgers said it was “just a theory” and that he “didn’t say accidentally.”

Among the witnesses cited in the motion as demonstrating Rodgers’ “untruthful testimony,” are County Judge Charles Tinlin, St. Augustine Beach Police Chief Rob Hardwick (former state attorney investigator) and former St. Johns County deputy Scott O’Connell (Michelle’s brother, who filed a civil suit of his own against Rodgers, also in 2014).

When asked what Rodgers told him when applying for a warrant, Tinlin testified Rodgers had told him Banks “put her on her knees and shot her in the mouth with a handgun.”

Hardwick testified Rodgers’ claim he had never opined or suggested to anyone Michelle O’Connell was murdered was a “blatant lie.”

“He came into our office convinced that it was a murder we were working, period,” Hardwick said in his deposition. “It never wavered off murder from the day I met him.”

Scott O’Connell had testified: “When he told me that my sister was executed by Jeremy Banks on her knees and where she was screaming for her life, those types of things stand out.”

“Defendant’s only explanation is that everyone is lying except him,” the motion said.

Other similar instances are outlined in the 26-page motion, which also accuses Rodgers of “coaching” witnesses and trying to influence witnesses prior to on-the-record interviews in an attempt to get charges brought against Banks — and later lying about the conduct while under oath.

As written in the motion: “Defendant Rodgers’ false, misleading and inconsistent testimony throughout the discovery process is so pervasive and extreme, and involves so many material issues, it has destroyed Defendant’s credibility on all issues, significantly undermined the integrity of this action, and caused substantial amounts of time and expense in rebuttal work by Plaintiff’s counsel. Given the prevalence of his lies and their effect on pivotal issues and allegations in this case, Defendant’s misconduct unfairly hampers the presentation of Plaintiff’s claims and interferes with the Court’s ability to impartially determine whether genuine issues of fact exist.”

A judge will have to rule on the motion.

Rodgers was suspended with pay throughout the three-year investigation by FDLE, which came at the request of St. Johns County Sheriff David Shoar. It was reported at the time of Rodgers’ reinstatement, also last March, that he had received counseling and would receive remedial training regarding procedures for documenting investigative reports.

[Unregistered]

I'm sure Rusty was hammered on getting his Vehicle Logs in on time... at least that wasn't an issue. Or he would have been gone.

[Unregistered]

Wow, right up the new corruption unit at the Jax State Attorneys Office alley...Lying to a judge..

[Unregistered]

Not surprised based on what's being posted on these forums. When you have a big ego it appears you'll do anything to do someone in? Even other cops and your own people?


http://staugustine.com/news/local-ne...lity-destroyed


Deputy Banks’ attorney claims FDLE agent’s credibility ‘destroyed’

Attorneys for St. Johns County sheriff’s deputy Jeremy Banks filed a motion in a federal court in Jacksonville Thursday claiming Florida Department of Law Enforcement agent Rusty Rodgers “destroyed” his own credibility and asking that his defenses and pleadings be thrown out in an ongoing civil rights and malicious prosecution suit brought against the embattled agent.

An FDLE report released last March said Rodgers’ investigation into the 2010 death of Michelle O’Connell was “substandard” and that Rodgers, among other things, left details out when documenting an interview, added a word to a quote in multiple affidavits and failed to document a text message in his investigative report.

READ MORE: Family has Michelle O'Connell's body exhumed; private investigator says evidence found

According to a news release, attorney Mac McLeod, representing Banks, seeks (by striking Rodgers’ defenses) to proceed with determining any damages “awardable” to Banks “who has endured years of false allegations he was responsible for his girlfriend’s death, which was ruled a suicide by 3 separate medical examiners and 2 State Attorneys.”

Banks sued Rodgers in 2014, claiming Rodgers worked under a theory Banks was to blame in O’Connell’s death.

O’Connell died of a gunshot wound through her mouth on Sept. 2, 2010, in Banks’ home. Banks was, and still is, a sheriff’s deputy. The gun that fired the fatal shot was his service weapon.

The death, initially investigated by the St. Johns County Sheriff’s Office, was eventually ruled a suicide by the local District 23 Medical Examiner’s Office.

Last month, the state’s Medical Examiners Commission recommended disciplinary action for Chief Medical Examiner Dr. Predrag Bulic and associate medical examiner Dr. Frederick Hobin, both involved in the 2010 investigation. The vote came after a panel found probable cause both men violated Florida statutes and “practice guidelines” in their handling — and the office’s handling — of documents associated with the case.

Some members of O’Connell’s family have said she wouldn’t have killed herself and some have questioned the integrity of the original investigation and believe Banks is responsible, though he has denied any wrongdoing.

Thursday’s motion is the latest development in ongoing proceedings that have played out in the courts and the media since the 2010 death.

The motion, which characterizes Rodgers’ conduct as a “cancer” to the justice system, claims Rodgers “repeatedly engaged in outright misrepresentations and perjury” while testifying under oath, providing several examples.

In the motion, McLeod claims Rodgers took “extreme and unlawful measures” to make sure Banks was charged with O’Connell’s murder, despite “overwhelming evidence” and the medical examiner reports indicating otherwise. The motion also says Rodgers initially admitted in his deposition “he did not have (or even consider) probable cause” to believe Banks was “criminally culpable.”

“Rodgers aggressively advocated his unsupported theory Banks was guilty of murder to others, including Michelle’s family members, Banks’ employer, witnesses, law enforcement officials, prosecutors and their investigators, medical examiners and a County Judge,” the motion continues. “Among the many instances of his intentional misconduct, Rodgers manipulated evidence to suit his theory, communicated false factual representations indicating Banks’ culpability to others and knowingly omitted significant exculpatory evidence, in an effort to have the official suicide findings changed to homicide and charges brought against Banks for murder.”

READ MORE: Judge's order says O'Connell lawsuit against Rusty Rodgers can go forward; FDLE out of case

The motion says Rodgers’ efforts continued after the conclusion of his investigation despite independent findings by two state attorneys’ offices that there was insufficient probable cause to bring charges against Banks for any crime.

Also under the microscope are Rodgers’ sworn statements throughout the litigation denying conversations and circumstances reported by others or making counter accusations. In his deposition, Rodgers repeatedly denied telling anyone Banks murdered Michelle O’Connell.

Rodgers at one point testified he had conveyed to others that O’Connell “didn’t kill herself” (rather than saying Banks had murdered her). At another point, he said there was a “good possibility,” based on the evidence, that Banks and O’Connell “might have been fighting over the gun and that the gun accidentally went off.” Asked to clarify his statement on the gun “accidentally going off intraorally,” Rodgers said it was “just a theory” and that he “didn’t say accidentally.”

Among the witnesses cited in the motion as demonstrating Rodgers’ “untruthful testimony,” are County Judge Charles Tinlin, St. Augustine Beach Police Chief Rob Hardwick (former state attorney investigator) and former St. Johns County deputy Scott O’Connell (Michelle’s brother, who filed a civil suit of his own against Rodgers, also in 2014).

When asked what Rodgers told him when applying for a warrant, Tinlin testified Rodgers had told him Banks “put her on her knees and shot her in the mouth with a handgun.”

Hardwick testified Rodgers’ claim he had never opined or suggested to anyone Michelle O’Connell was murdered was a “blatant lie.”

“He came into our office convinced that it was a murder we were working, period,” Hardwick said in his deposition. “It never wavered off murder from the day I met him.”

Scott O’Connell had testified: “When he told me that my sister was executed by Jeremy Banks on her knees and where she was screaming for her life, those types of things stand out.”

“Defendant’s only explanation is that everyone is lying except him,” the motion said.

Other similar instances are outlined in the 26-page motion, which also accuses Rodgers of “coaching” witnesses and trying to influence witnesses prior to on-the-record interviews in an attempt to get charges brought against Banks — and later lying about the conduct while under oath.

As written in the motion: “Defendant Rodgers’ false, misleading and inconsistent testimony throughout the discovery process is so pervasive and extreme, and involves so many material issues, it has destroyed Defendant’s credibility on all issues, significantly undermined the integrity of this action, and caused substantial amounts of time and expense in rebuttal work by Plaintiff’s counsel. Given the prevalence of his lies and their effect on pivotal issues and allegations in this case, Defendant’s misconduct unfairly hampers the presentation of Plaintiff’s claims and interferes with the Court’s ability to impartially determine whether genuine issues of fact exist.”

A judge will have to rule on the motion.

Rodgers was suspended with pay throughout the three-year investigation by FDLE, which came at the request of St. Johns County Sheriff David Shoar. It was reported at the time of Rodgers’ reinstatement, also last March, that he had received counseling and would receive remedial training regarding procedures for documenting investigative reports.

Seems to me that our agency should start cleaning house and get rid of the dirty unethical employees. Everyone who has worked here im pretty sure has said" hmmmm how did Rogers make agent of the year"? hmmmm how did Mulvey make agent of the year"? I guess we all can now wonder how many of thier arrests were false, had misleading, omitted, information in order to substantiate PC. Said Said day in our long standing history for FDLE. Retirement can't come soon enough.

[Unregistered]

Seems to me that our agency should start cleaning house and get rid of the dirty unethical employees. Everyone who has worked here im pretty sure has said" hmmmm how did Rogers make agent of the year"? hmmmm how did Mulvey make agent of the year"? I guess we all can now wonder how many of thier arrests were false, had misleading, omitted, information in order to substantiate PC. Said Said day in our long standing history for FDLE. Retirement can't come soon enough.

*Sad Sad day,... Sorry for the typo.

[Unregistered]

In any organization there will be adverse issues. It's how the leadership addresses these issues that determine the integrity of the agency. Unfortunately the very top of FDLE seems to lack any sense of urgency, integrity, or leadership in general. It's as if RS just wants to kick back an collect his paycheck while exerting the minimum possible effort.

[Unregistered]

Seems to me that our agency should start cleaning house and get rid of the dirty unethical employees. Everyone who has worked here im pretty sure has said" hmmmm how did Rogers make agent of the year"? hmmmm how did Mulvey make agent of the year"? I guess we all can now wonder how many of thier arrests were false, had misleading, omitted, information in order to substantiate PC. Said Said day in our long standing history for FDLE. Retirement can't come soon enough.

Absolutely !!