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View Full Version : Internal Affairs/OPC mess up the case?



12-10-2009, 04:51 AM
Did IA mess this one up too? I would hate to see this guy walk if the allegations are true.

http://www.orlandosentinel.com/news/local/breakingnews/os-trooper-sex-court-20091209,0,2860775.story?page=2


An attorney for a former state trooper embroiled in a sex scandal raised allegations Wednesday about an alleged "conspiracy to obstruct justice" involving the State Attorney's Office and Florida Highway Patrol.
The allegation was raised during a hearing in which former trooper James E. Gilbert was expected to take a plea deal. He faces 10 counts of solicitation of a minor via a computer.

Assistant State Attorney Sarah Freeman was surprised by the allegation, saying it came up just minutes before the hearing began.

Defense attorney Neal McShane claimed in a motion that members of State Attorney's Office and FHP met with the teenager and her mother last year and advised them to ignore a subpoena that ordered the girl to be questioned under oath.
McShane wanted to question the girl in a civil matter related to the case. The questioning never took place, he said.

Because of the new allegations, Orange County Circuit Judge Marc Lubet rescheduled Gilbert's hearing for Jan. 6 and allowed McShane to depose a FHP employee about the alleged conspiracy.
"We can't talk about specifics in the case, but if the judge orders us to do something, we will comply with the order," said local FHP spokeswoman Sgt. Kim Montes.

McShane and Assistant State Attorney Ryan Williams each declined comment.

The girl, who was 17 at the time, is the daughter of Gilbert's former co-worker.

Gilbert is accused of sending hundreds of sexual text messages to the teen last year.


Gilbert was a trooper for more than 15 years before he was fired in December 2008.

The lawyers were in court earlier this week and briefly discussed the case before Lubet. The prosecutor told Lubet his office would recommend a sentence of 90 days in the county jail and sex-offender probation.

It's unclear if a plea is still being considered.

The girl's mother said Gilbert talked about taking the girl to a cabin in Tennessee, where they would "take things slow," court records state.

The teen told an investigator that when she told Gilbert he shouldn't talk to her that way, he responded by saying things like, "It's your choice, even if anybody found out, if I still want to do something or if you did, nobody can stop us; there's nothing wrong with it."

12-10-2009, 03:45 PM
Doesn't seem likely.... Sounds like there was plently of evidence anyway - so there would be no reason to prevent anyone from testifying.

12-10-2009, 10:36 PM
It's "alleged". I doubt any investigator would tell someone not to show up for a subpoena.