09-23-2007, 01:39 PM
The Broward Sheriff's Office scandal over the improper closing of property crimes also involves crimes of violence, The Miami Herald has learned.
In addition to petty thefts and burglaries, BSO detectives also cleared muggings, armed robberies, rapes and aggravated assaults -- and buffed crime rates -- some by persuading victims to waive prosecution.
''There are a lot of cases of violence,'' said Broward prosecutor Tim Donnelly, who has led the four-year probe into allegations that deputies falsely cleared thousands of crimes.
One 2001 case involved the beating and robbery of a Dania Beach social worker in her driveway. Another involved a man's robbery at gunpoint.
Both victims later accused BSO Detective John Donadio of tricking them into dropping their cases. Prosecutors cleared Donadio last year, without talking to witnesses.
So far, six BSO deputies have been charged, and four convicted, on misdemeanor charges involving false reports and making up confessions involving property crimes. One was acquitted.
No charges have been filed over the improper clearing of violent crimes.
Cases ''cleared by exception'' involve suspects who have been identified, but cannot be charged for reasons beyond police control. BSO had 10,054 exceptionally cleared cases from 2001 to 2003.
The scandal erupted in 2003 under Sheriff Ken Jenne, who resigned earlier this month and pleaded guilty to public corruption charges. Acting Sheriff Al Lamberti declined to comment on the ongoing investigation.
In response to a public records request, the Florida Department of Law Enforcement and the state attorney's office recently released hundreds of pages of reports in their ongoing probe of such cases in BSO's Dania Beach and Pembroke Park/West Park districts. The cases involved both property and violent crimes.
The records show that investigators talked with dozens of suspects and victims who denied making confessions and statements that nine other detectives used to clear their cases. In three such cases, suspects accused of committing crimes were actually in jail when they occurred.
The detectives have not been charged.
''Every taxpayer, every citizen and every public official should be outraged,'' said Robert Jarvis, a law and ethics professor at Nova Southeastern University.
The Police Benevolent Association and others complained early on that Broward State Attorney Mike Satz had a conflict of interest prosecuting deputies who work closely with his office.
Satz disagreed and kept the case, but called in FDLE to help.
''Clearly, he should have recused,'' Jarvis said. ``There's always a worry about a whitewash in this situation.''
BSO detectives who cleared violent cases did so using a victims' waiver, Donnelly said. And in each case, he said, the detectives didn't meet with the suspects to seek a confession.
One of those cases involved Jillian Durand, who was robbed outside her home in January 2001. Her attacker ran off with her purse, leaving her dazed and bleeding.
The attack outraged neighbors and prompted BSO brass to turn up the heat to solve the crime.
Durand later identified her assailant.
But what followed, including Donadio's sworn admission that he botched her case, became part of the four-year probe into the manipulation of crime statistics.
Durand and Michael Battillo, another robbery victim, separately told authorities they signed prosecution waivers after Donadio told them their suspects were valuable police informants facing jail time in other cases.
Donadio denied the allegations and accused Durand and Battillo of lying.
FDLE agents concluded that neither suspect was an informant and that Donadio was lying, clearing cases by ``providing false statements in an official record.''
Over their objections, Satz decided not to charge Donadio.
Donadio declined to comment for this report.
Records show that he acknowledged mishandling Durand's case by not arresting suspect Lagarious Tyler when she first identified him.
''I dropped the ball on it,'' Donadio told prosecutors. ``I could have arrested him based on her statement. I didn't do it.''
Durand didn't sign the waiver for nine months after she gave her statement.
Initially, Donnelly said Donadio could not be charged with perjury because a corroborating witness statement was required for each allegation.
Durand, who now lives in New Hampshire, said investigators didn't get a sworn statement from her.
''No one ever asked me if there was a witness,'' she said.
Her former boss was in the room when Donadio had her sign the waiver, she said in a recent interview.
Donnelly acknowledged that the witnesses in Durand's and Battillo's cases were not interviewed. After questions raised by The Miami Herald, the state attorney's office contacted Durand's witness last week. Donnelly said the man did not corroborate her story, but that a perjury investigation continues into Donadio's conduct.
The other victim, Battillo, identified Joynder MacKeroy of Hollywood as one of two men who robbed him at gunpoint in Dania Beach in December 2001.
He described, under oath in a 2005 sworn statement, how Donadio steered him toward MacKeroy's photo in a lineup.
His wife and father-in-law were present when Donadio came to his Opa-locka home to obtain the waiver, he said.
State agents later determined MacKeroy was in jail at the time Battillo was robbed.
But Donadio wrote in his clearance report that MacKeroy ``had recently been released from jail.''
In addition to petty thefts and burglaries, BSO detectives also cleared muggings, armed robberies, rapes and aggravated assaults -- and buffed crime rates -- some by persuading victims to waive prosecution.
''There are a lot of cases of violence,'' said Broward prosecutor Tim Donnelly, who has led the four-year probe into allegations that deputies falsely cleared thousands of crimes.
One 2001 case involved the beating and robbery of a Dania Beach social worker in her driveway. Another involved a man's robbery at gunpoint.
Both victims later accused BSO Detective John Donadio of tricking them into dropping their cases. Prosecutors cleared Donadio last year, without talking to witnesses.
So far, six BSO deputies have been charged, and four convicted, on misdemeanor charges involving false reports and making up confessions involving property crimes. One was acquitted.
No charges have been filed over the improper clearing of violent crimes.
Cases ''cleared by exception'' involve suspects who have been identified, but cannot be charged for reasons beyond police control. BSO had 10,054 exceptionally cleared cases from 2001 to 2003.
The scandal erupted in 2003 under Sheriff Ken Jenne, who resigned earlier this month and pleaded guilty to public corruption charges. Acting Sheriff Al Lamberti declined to comment on the ongoing investigation.
In response to a public records request, the Florida Department of Law Enforcement and the state attorney's office recently released hundreds of pages of reports in their ongoing probe of such cases in BSO's Dania Beach and Pembroke Park/West Park districts. The cases involved both property and violent crimes.
The records show that investigators talked with dozens of suspects and victims who denied making confessions and statements that nine other detectives used to clear their cases. In three such cases, suspects accused of committing crimes were actually in jail when they occurred.
The detectives have not been charged.
''Every taxpayer, every citizen and every public official should be outraged,'' said Robert Jarvis, a law and ethics professor at Nova Southeastern University.
The Police Benevolent Association and others complained early on that Broward State Attorney Mike Satz had a conflict of interest prosecuting deputies who work closely with his office.
Satz disagreed and kept the case, but called in FDLE to help.
''Clearly, he should have recused,'' Jarvis said. ``There's always a worry about a whitewash in this situation.''
BSO detectives who cleared violent cases did so using a victims' waiver, Donnelly said. And in each case, he said, the detectives didn't meet with the suspects to seek a confession.
One of those cases involved Jillian Durand, who was robbed outside her home in January 2001. Her attacker ran off with her purse, leaving her dazed and bleeding.
The attack outraged neighbors and prompted BSO brass to turn up the heat to solve the crime.
Durand later identified her assailant.
But what followed, including Donadio's sworn admission that he botched her case, became part of the four-year probe into the manipulation of crime statistics.
Durand and Michael Battillo, another robbery victim, separately told authorities they signed prosecution waivers after Donadio told them their suspects were valuable police informants facing jail time in other cases.
Donadio denied the allegations and accused Durand and Battillo of lying.
FDLE agents concluded that neither suspect was an informant and that Donadio was lying, clearing cases by ``providing false statements in an official record.''
Over their objections, Satz decided not to charge Donadio.
Donadio declined to comment for this report.
Records show that he acknowledged mishandling Durand's case by not arresting suspect Lagarious Tyler when she first identified him.
''I dropped the ball on it,'' Donadio told prosecutors. ``I could have arrested him based on her statement. I didn't do it.''
Durand didn't sign the waiver for nine months after she gave her statement.
Initially, Donnelly said Donadio could not be charged with perjury because a corroborating witness statement was required for each allegation.
Durand, who now lives in New Hampshire, said investigators didn't get a sworn statement from her.
''No one ever asked me if there was a witness,'' she said.
Her former boss was in the room when Donadio had her sign the waiver, she said in a recent interview.
Donnelly acknowledged that the witnesses in Durand's and Battillo's cases were not interviewed. After questions raised by The Miami Herald, the state attorney's office contacted Durand's witness last week. Donnelly said the man did not corroborate her story, but that a perjury investigation continues into Donadio's conduct.
The other victim, Battillo, identified Joynder MacKeroy of Hollywood as one of two men who robbed him at gunpoint in Dania Beach in December 2001.
He described, under oath in a 2005 sworn statement, how Donadio steered him toward MacKeroy's photo in a lineup.
His wife and father-in-law were present when Donadio came to his Opa-locka home to obtain the waiver, he said.
State agents later determined MacKeroy was in jail at the time Battillo was robbed.
But Donadio wrote in his clearance report that MacKeroy ``had recently been released from jail.''