Missing Evidence

I saw this on Highlands Today page.

JOHN P. KING

Published: April 24, 2008

I'd like to start by qualifying that my comments and opinions are based on 30 years of law enforcement experience, the last 22 of which were with the Florida Department of Law Enforcement.

As part of my duties over the years I have served as an evidence custodian and have been involved with numerous evidence audits and inventories. I would also like to make it clear that my comments are not meant as an attack on the sheriff's office staff and those involved in the audit, rather that they pertain to the response or failed response to a rather serious problem by the sheriff's office administration.

It has been my experience that when you have items of evidence missing from a secured evidence facility, and that their whereabouts and disposition are unresolved, that all of the remaining items of evidence being stored become tainted and subject to a higher level of scrutiny by the court and the defendants' attorneys. It also tends to open the door for a reasonable doubt to be established or inferred.

We all know that within our legal system, the standard to convict a defendant is beyond a reasonable doubt. I would submit that having 33 items of missing evidence for the month of September 2007 creates such a reasonable doubt and may have an adverse affect on all pending criminal cases where the sheriff is maintaining the evidence.

The only way for the sheriff to re-establish the credibility of the evidence storage facility is to complete a full inventory and account for each item of evidence and its chain of custody. I have noticed in the audit report provided to Highlands Today that language such as "it appears these items were inadvertently placed in a location for disposal;" and "it is possible that the firearm was accidentally included in a firearms destruction" are offered as some of the explanations. I have never seen such ambiguous explanations in any of the audits or inventories that I have been involved with. You can either account for the evidence or not.

The terms "possibly" and "may have been" do not resolve the question of where the evidence is. Even if these are the best explanations that could be offered, why would the sheriff contradict the audit report by stating in an April 9, Highlands Today article that ''the items appear to have been inadvertently destroyed without proper documentation," and that "none of the evidence may be missing, it may be misplaced on the wrong shelf in the inventory room." Are you confused, well I sure am.

If the evidence might be on a shelf somewhere then the answer is simple, do a full inventory, correct the mistakes and change the manner in which the evidence is being handled and disposed of. Also, how would one know where the evidence went if there is not "proper documentation" indicating how the evidence was destroyed or disposed of? I find myself wondering what the basis was for this statement. Are they relying on the memory of one of the evidence custodians, who are reportedly "overwhelmed" with a 270 percent increase in the volume of evidence that they handle. I think not.

Further, to state that, "No criminal prosecutions will have to be abandoned due to the issues identified in the audit" is a lot like picking the winning lottery numbers. 1 have yet to find anyone that clairvoyant. It is my guess that many of the cases involving the missing, evidence have yet to be litigated completely. Until they are, no one can predict what true affect this debacle will have.

John P. King is a retired investigator with the FDLE and lives in Sebring.

Sounds like he's just mad he got passed over for chief. With comments like these I wonder why. Maybe APPD made a good choice. If you have these opinions and feel that even if your retired you need to voice them, then pick a better outlet. Why in the world would you voice your feelings in a public forum? Doesn't make since unless you have an ax to grind.

I have to say I was a King supporter, and have rescinded that now. Let me close with I in no way mean intend this as a personal attack on John King (ya right).

Is this the guy making comments who conducted the Mcclain investigation? Boy you have a lot of credibility with your keen investigative mind. Top notch investigation there brother john and equally great commentary. This from a guy who maybe stored one hundred items in their local fdle evidence room. The only topic that you remotely can speak about isa homicide investigation. I will give you that, but thats it jack arse :lol: :lol: :lol: :lol:

Sounds to me like he's just trying to get the public to see the gravity of the problem.. maybe he has an axe to grind, but id he's right then it sounds like there is a serious problem that no one else wants to talk about. WHAT ABOUT ALL THE VICTIM'S OUT THERE?

No issues with cases. That is just a plain stupid comment. Evidence is just what is needed for a conviction. With out evidence, a conviction could be lost. Maybe an FDLE investigation is in order here. Where oh where has the evidence gone is anyones guess. Maybe theft, or just plain stupidity!!

I mainly agree with the, "WHAT ABOUT THE VICTIMS??!!" If I was a victim and showed up to court only to hear that the criminal will go free because of mis-handled or lost evidence, I would be beside myself and maybe get a charge on myself. Depending on the crime commited against me.
This is a problem that should be corrected. It has been identified and if it continues then that is when I would lose my mind over it.

How does one answer the question if asked, the meaning Chain of Evidence, if the evidence in question is unable to be located at the moment. It is not MISSING, it is just not able to be located.

There is documentation that supports and describes every item of evidence taken into custody by the Sheriff of Highlands County. Affidavits attesting to reciept and delivery of same item of evidence for analyzing/processing and preserving for Court purposes. Least not forget, the holding to the item of evidence for any appellant process.

One would assume the purpose of the Chain of Evidence based upon the documentation and recording of limited access to the Chain would preserve the integrity, and truthfulness of the item of evidence, related to the criminal violation. All in all, total control and commitment to each and every item of evidence.

The omission of record keeping that details the mislodging, misplaced, or discarded items (23+) of evidence is somewhat perplexing. Not meaning specifically the (23+) items of evidence, and the relationship shared by the crime, suspect, or VICTIM that caused the evidence formation. BUT there still remains another question. One that is more disturbing than the first. How do you support the Chain of evidence of the remaining items of evidence in control and committed in inventory by the record keeping responsibilities of the Sheriff of Highlands County.

There are policies that support the proper intake of different types of evidence and proper handling and the initial chain of evidence. How do we not follow policy and criminal rules and procedures. Then to allow the storage, collection, and preservations of evidence to become misplaced.

As this information begins to be made known, and the SAO begins to make more and more plea offers over the phone; we all share in this responsibility. The responsibility of missing, misplaced, mislodged Chain of Integrity and Trust not only to the Citizens of Highlands County, but to it's Victims more so.

Is this the guy making comments who conducted the Mcclain investigation? Boy you have a lot of credibility with your keen investigative mind. Top notch investigation there brother john and equally great commentary. This from a guy who maybe stored one hundred items in their local fdle evidence room. The only topic that you remotely can speak about isa homicide investigation. I will give you that, but thats it jack arse :lol: :lol: :lol: :lol:

Ok Joe- and others that will (band-wagon, much?) throw mud at Mr. King

Actually, he did not conduct the McClain investigation- one of his agents did. Sounds like you need to get a bit more informed. Were you there???? And what was FDLE and King supposed to do? All the "witnesses" from SOU suddenly had a memory lapse and/or minimal (cooperation) motivation. So Mr. King is slammed for not being able to do something about an alleged corrupt, shady "click" that took years to build? Oh, King and FDLE were supposed to just fix it in a couple months. I get it. Look around at who comprised that click and see where some of those 'cats' are today. At least one of them. Aye-Aye, Captain L. All is hidden, but not forgotten.

Keep up your sideline comments, as they do wonders to fuel the ignorance that seems to dominate many minds at HCSO. Mr. King's point hurts because it's the TRUTH. Which he is very good at remembering and speaking.

Sounds like 10-94 might be the agent that conducted the McClain investigation. Trying to make it sound better for ya? It's this simple King is retired so stay retired don't stick your nose in another agencies affairs. He was not contracted or requested to conduct an independent investigation. His comments are true however who has issued him the authority to speak on problems at the sheriffs office? This is the same person who so called supervised a group that couldn't complete the before mentioned McClain investigation. King just makes himself appear to be a bitter person. Do everyone a favor and keep your mouth shut. Go play shuffle board or something. Your time has passed so move on.

10-94, what's the matter genius, can't spell? I guess if one doesn't agree with your opinion, we are all ignorant? Maybe Mr. or Ms. Back-up, you are the ignorant one. Your art of deflection is noble, yet cowardly. Go read the investigation, it's public record. The evidence was right there, because there were plenty of officers who gave testimony about what went on. Lowell gave that case to them on a platter and they couldn't come up withany conclusions. Great investigative work! Maybe it was a conspiracy with J.K and his cronies. Maybe they were in on it. Sounds ludicris doesn't it. Or does it? There were some mistakes made in evidence and that's a fact. There are going to be some issues with some of the cases and that's a fact. However, you are spouting off about something you know nothing about. This was nothing more than a political ploy on behalf of Grimming and his FDLE backers. At least the current sheriff understands what an audit/inventory is. It's easy to throw S.H and S.V under the bus because you have no idea of what they do. This furthers your ignorance. I await your response!

John King made some valid points. This problem can be solved as was the Sebring Police department's evidence room was solved back in the early 90's. I was there and I seen it work. Bring in a independant agency and let them solve or fix the problem, it fixed SPD's problem although it was embrassing , it worked.

I agree with Sgt Black. If a complete inventory was conducted, then the evidence could not be on the wrong shelf, it would have been found when inventoring that shelf.
SPD is not the only local agency who had evidence issues. APPD had a problem, also. They must have repaired the problem.
No one has and should blame the evidence custodians for this. If two people are overwelmed, then it is a management problem. If memory serves me right, was there money budgeted for a third person in evidence? If so, where did that money go? Evidence may not be the only department in need of an audit.
Just a thought.

Sgt Black, I am not going to mention any names but did SPD's evidence cluster involve a Captain/Chief that now works as a Patrol Deputy @ HCSO? Its just a rumor I heard from one of the old timers.

Ok. "McLovin" is right . You are so correct. This is the only way you people can communicate, so fine. You are right. I am wrong and should have never commented. :roll:

It was all a conspiracy and FDLE was on board. That is totally rational and right on track. And then the final part of the plot was for the current sheriff to promote some of the ones involved. What a plan!

Of course the letter was a ploy. To do exactly this. Create a buzz!

Oh, and I do not work for FDLE cause those agents have to pass a spelling test, and as you said, I can't spell. Nowhere in the post did I throw SV or SH under the bus, either. Sorry for ever commenting, cause you clearly were right there in the mix and saw the whole thing. I don't believe everything I read. I guess I should.

And it's spelled "Loel". Have a great day.

If your so sorry and apologetic for commenting then why keep doing it. Kind of pointless right?

Sgt Black, I am not going to mention any names but did SPD's evidence cluster involve a Captain/Chief that now works as a Patrol Deputy @ HCSO? Its just a rumor I heard from one of the old timers.


You're partially right,about the Cheif and the captain, but neither one of them are working for HCSO at the moment.and the person that you are referring to wasn't a chief or a captain at the time of SPD'S evidence room problem.

I think everyone is missing the point... the question everyone should be asking is "Where is the gun?".....Maybe it was put on the wrong shelf...Maybe it was destroyed..... Maybe it is back in the hands of someone who doesn't really need to have it. So again....WHERE IS THE GUN?

Well in typical fashion things got turned around in this blog and away from the topic. I find myself rarely responding to the negativity I read on this page, but once again I am compelled to comment to clear the air.

With respect to why I choose the “public forum” to express myself, I must start by reminding all that I was not the first to comment on this evidence problem in the papers. It was already in the public forum. I merely choose to point out some obvious contradictions. Second as a tax payer and a member of this community, I have every right to exercise my first amendment right to free speech and publication. This is where my “authority” comes to speak on topic.

For those of you that think I should keep my mouth shut as well as keep my nose out of “other agency” business, and go off and play shuffle board, as my time has “passed”, obviously don’t know me very well. I have no intention of going anywhere or being silent.

I am not bitter, certainly not over the Avon Park position. Had I been, I certainly would have focused my attention on the new chief’s use of his Daytona Beach vehicle. For thirty years I was not permitted to get politically involved in any campaign due to my employment. I too was in fear of loosing my livelihood. With my retirement I now enjoy the freedom to speak my mind, something that many of you are afraid to do. Hell some of you won’t even use your real name when writing on this page.

Everyone is entitled to an opinion, and I would never criticize anyone for speaking their mind, even if they disagree with my opinion(s). Different ideas, thoughts and opinions give all of us more to consider when deciding what position to take on an issue. Hell its part of the democratic process and how this country became so great.

Having evidence issues is not a problem unique to the Sheriff’s Office. Other agencies have had evidence problems, …yes even FDLE. The fact that the SO is having evidence problems is not my issue, rather it is the manner in which the problem and its magnitude is being handled by the administration.

DON’T SHOOT THE MESSENGER………

Here is a little on the First amendment: The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.

Well in typical fashion things got turned around in this blog and away from the topic. I find myself rarely responding to the negativity I read on this page, but once again I am compelled to comment to clear the air.

With respect to why I choose the “public forum” to express myself, I must start by reminding all that I was not the first to comment on this evidence problem in the papers. It was already in the public forum. I merely choose to point out some obvious contradictions. Second as a tax payer and a member of this community, I have every right to exercise my first amendment right to free speech and publication. This is where my “authority” comes to speak on topic.

For those of you that think I should keep my mouth shut as well as keep my nose out of “other agency” business, and go off and play shuffle board, as my time has “passed”, obviously don’t know me very well. I have no intention of going anywhere or being silent.

I am not bitter, certainly not over the Avon Park position. Had I been, I certainly would have focused my attention on the new chief’s use of his Daytona Beach vehicle. For thirty years I was not permitted to get politically involved in any campaign due to my employment. I too was in fear of loosing my livelihood. With my retirement I now enjoy the freedom to speak my mind, something that many of you are afraid to do. Hell some of you won’t even use your real name when writing on this page.

Everyone is entitled to an opinion, and I would never criticize anyone for speaking their mind, even if they disagree with my opinion(s). Different ideas, thoughts and opinions give all of us more to consider when deciding what position to take on an issue. Hell its part of the democratic process and how this country became so great.

Having evidence issues is not a problem unique to the Sheriff’s Office. Other agencies have had evidence problems, …yes even FDLE. The fact that the SO is having evidence problems is not my issue, rather it is the manner in which the problem and its magnitude is being handled by the administration.

DON’T SHOOT THE MESSENGER………

Here is a little on the First amendment: The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to express themselves without interference or constraint by the government. Despite popular misunderstanding the right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.

Well said John. I totally agree. I've said it also, I'm not afraid of using my name and have done so in the past and asked the person or persons to contact me face to face to talk about some of these issues they have with retired LEO'S responding to some of the topics in here, but that person has remained unknown. I've never been afraid to say what's on my mind while I was active and even more so now that I'm retired, no matter who likes it.

Why is a retired Sebring P.D. cop posting comments on a sheriffs office comment board. Yes yes yes we all know he can do what he wants that’s not the question. I just find it incredible that this is the so called Sgt. that was always sleeping, would never answer his radio, and made some of the worst command decisions I have ever heard of. Oh but yet he wants to pass Kudos onto another retired officer that doesn't work for this department. Maybe you guys could start a new board for I don't know retired officers.

I will have to say that the article in the paper was well crafted. I along with most people found it funny how your family has to write a letter to the editor to even notify the paper you retired. Wow what a legacy you left. You should be proud a blip my friend a blip on the screen. As your officers used to say "Oh DJ he's somewhere just not anywhere around here"

Why is a retired Sebring P.D. cop posting comments on a sheriffs office comment board. Yes yes yes we all know he can do what he wants that’s not the question. I just find it incredible that this is the so called Sgt. that was always sleeping, would never answer his radio, and made some of the worst command decisions I have ever heard of. Oh but yet he wants to pass Kudos onto another retired officer that doesn't work for this department. Maybe you guys could start a new board for I don't know retired officers.

I will have to say that the article in the paper was well crafted. I along with most people found it funny how your family has to write a letter to the editor to even notify the paper you retired. Wow what a legacy you left. You should be proud a blip my friend a blip on the screen. As your officers used to say "Oh DJ he's somewhere just not anywhere around here"

Well I post here because I can. And it's real clear to me what a uninformed person you are, because if you knew anything about me you wouldn't say the things you said, but the fact that you hide behind a unknown name tells me alot about you. and therefore you mentioned the word friend, i don't think so,correction i know you're no friend of mine.
Yes, the one's that I really care about (my family) not the so called family of some of you leo's cared enough about me and the things i've accomplished to do what they did, so, your comment here means nothing. I want waste any more time commenting to an unknown, scared to let people to know who you are. anything else to say about me, if you know me as well as you think you do, stop by and let's compare notes. i'm always home and i'll be careful not to expose your true colors. And one other thing, you crossed the line bringing my family into this. shows where you came from. Now bring it own.

Why is the FDLE now experts on evidence? What evidence do you guys maintain in your vault in Sebring? Aren't most of your cases adopted cases, anyway?

When was the last time you guys actually initiated an investigation? And please, I don't mean a public corruption case? Correct me if I'm wrong, and I will apologize.

Based on my experience working along side the FDLE, though you guys have good folks, your agency piggy-backs on other agencies' cases.

LOL
IMHO

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