Rachel Hoffman | Internal Affairs Investigation For Drug Informant Death With Botched Sting By TPD
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Rachel Hoffman | Internal Affairs Investigation For Drug Informant Death With Botched Sting By TPD

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Rachel Hoffman | Internal Affairs Investigation For Drug Informant Death With Botched Sting By TPD Rachel Hoffman | Internal Affairs Investigation For Drug Informant Death With Botched Sting By TPD Document Transcript

  • September 24,2008RE: Public Records Request, TPD Special Investigation 08-011Internal Investigation 08-21Dear SirMadam:Please find enclosed the records as you requested from the Tallahassee Police Department. As required :Iby Florida or Federal law, certain portions are exempt from public record and must be redacted. Shouldyou have any questions or feel that this has not answered your request in any way, feel free to contact thisoffice at (850) 89 1-4234.Florida Statute Exemptiono 119.071(2)(d) Surveillance Equipment, Procedures, or Personnelo 119.071(2)(f) Confidential Informants or Sourceso Pursuant to Courts Order dated September 24,2008 in State of Florida v. Andrea Green and Deneillo Bradshaw. Leon County Circuit Court Case No.: 2008CF1681 and 2008CF1682. Assistant City Attorney Police Legal Advisor
  • September 25,2008RE: Public Records Request, TPD Special Investigation 08-011Internal Investigation 08-21Dear SirMadam:Please find enclosed the records as you requested from the Tallahassee Police Department. As requiredby Florida or Federal law, certain portions are exempt from public record and must be redacted. Shouldyou have any questions or feel that this has not answered your request in any way, feel free to contact thisoffice at (850) 891-4234.Florida Statute Exemptiona 119.071(2)(d) Surveillance Equipment, Procedures, or Personnel 119.071(2)(f) Confidential Informants or Sourceso Pursuant to Courts Order dated September 23,2008 in State of Florida v. Andrea Green and Deneillo Bradshaw. Leon County Circuit Court Case No.: 2008CF1681 and 2008CF1682. Assistant City Attorney Police Legal Advisor
  • TALLAHASSEE POLICE DEPARTMENT Internal Affairs Internal Investigation 08-21
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNll ContentsAllegation Overview:.......,..................... .................................... .....4Witness Officer Interviews: ................... .............,.....,..............., .....7 Investigator Gary Watson: ................ .......-............................ .....7 Investigator Kevin Miller: ................... .. ..........., ,.. I 0 Investigator Chris Corbitt: ................. .. ............ 12 .. 5.. Officer Greg Tucker: ............................................................. ................. i 16 Investigator Vincent Boccio: ............. ............ ,..20 Investigator David Donato: ............... ............ .. 23 Investigator Shane Porter: .............................................................................. 25 Investigator Gavin Larrernore: .......... ............ . . 27 Investigator Corey Hale: ................... ............ . . 28 . Investigator Rey Finales: .................................... ..............................33 Officer William (Bill) Hurlbut: ............. ............ .. 36 Investigator Jason Laursen:.............. ............ .. 41 Investigator Michael Suleski: .......................... .................................. 45 Deputy Chief John Proctor: .......................... ............................... .. 48Drug Enforcement Administration (DEA) Special Agent Interviews: ..... .. 57 Special Agent Lou Andris: ............................................................................. 57 Special Agent David Wilson:., ............ .. 61 Special Agent Jim Harley:....., ............ .. 62 Special Agent Robert L. R ~ b t , .................................................................... ,,~ 63Civilian Witness Interviews: ....... , ...,.. ...., . ............ .. 65 Elizabeth Rose Patty: ............ , ..........., ............ .. 65 Taylor Sexton: ...................................Subject Officer Interviews:......... Officer Chris Pate: ................. lnvestigator Ryan Pender: ..... Sergeant Roderick Looney: ............... Sergeant David Odom ....................... Lieutenant Taltha White: .................... Captain Chris Connell: ...........Administrative Observations: .....Findings:.................................... Vice SOP 2 Section: Ill, B, 10 ............ Sergeant David Odom: ................... Vice SOP 2 Section: Ill, C, 6 .............. lnvestigator Ryan Pender:.............. Vice SOP 6 Section: Ill, D.................. lnvestigator Ryan Pender:.............. Sergeant David Odorn: .................... Vice SOP 7 Section: I, C ...................., 1.1. # 08-21 Page 1 of 199
  • AHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNI Officer Chris Pate: ................................................................................. 178 Investigator Ryan Pender: ............ .....................................178 Vice SOP 10 Section: I .................... .....................................178 Investigator Ryan Pender:......................................................................... 179 Sergeant Rod Looney: ................. .........................179 Lieutenant Taltha White: .............. .........................179 Captain Chris Connell: .............................................................................. 179 Vice SOP 10 Section: II, B, 6 ........... ..................................... 179 l nvestigator Ryan Pender: ............ .....................................179 Vice SOP 10 Section: III, A ......................................................................... 180 Investigator Ryan Pender:............ .................................. 180 . Sergeant Rod Looney: ................. ................................... 181 . . Lieutenant Taltha White: .............................. ........................................181 Captain Chris Connell: ........................................................................... 181 Vice SOP 10 Section: Ill, C, 1....................................................................... 182 Investigator Ryan Pender: ............. .....................................182 Sergeant Rod Looney: .................. .................................. 182 Captain Chris Connell: .................. ................................... 182 Vice SOP 16 Section: II, B, c ............ .....................................183 Vice SOP 16 Section: II. E................ .....................................183 Vice SOP 16 Section: II, F, I ............. ..................................... 183 Investigator Ryan Pender:............. .....................................183 Sergeant Rod Looney: .................. ................................... 184 Lieutenant Taltha White: ............... ....................................185 Captain Chris Connell: .............................. .................................... 185 Vice SOP 16 Section: 11, GI 6 ....................... .................................... 185 Investigator Ryan Pender: ......................... ....................................185 General Order 62 Section: VI, C ................... ....................................186 General Order 46 Section: II, I, I .................. ....................................186 Investigator Ryan Pender: ......................... . .. .................................... 186 - Sergeant Rod Looney: .................. .................................... 187 Lieutenant Taltha White: ............... .................................... 188 Captain Chris Connell: ..............................................................................189 General Order 14 Section: Ill, D. 5 ............... ....................................190 Investigator Ryan Pender: ......................... ....................................190 . .Conclusion: .............................. ................................................................. 191 1.1. # 08-21 Page 2 of 199
  • TALLAHASSEE POLICE DEPARTMEB INTERNAL AFFAIRS UNI Complaint Number: Complaint Against: ,,,,am ~ n r i Cormell s Lieutenant Taltha White Sergeant Rod Looney Sergeant David Odom lnvestigator Ryan Pender Officer Chris Pate Classification: Improper Procedure1Use and Control of Informants Improper Conduct1Neglect of Duty Complainant: Chief Denni: ; M. Jon Date Initiated: July 10,2008 lnvestigator Assigned: lnvestigator George Creamer, Jr. lnvestigator Danielle DavisI Evidence: Recorded sworn Interviews with the following: 1) lnvestigator Gary Watson, dtd; August 8, 2008 2) lnvestigator Kevin Miller, dtd; August 8, 2008 3) lnvestigator Chris Corbitt, dtd; August 8, 2008 4) lnvestigator Michael Suleski, dtd; August 11, 2008 5) lnvestigator Vincent Boccio, dtd; August 11,2008 6) Officer Greg Tucker, dtd; August 11,2008 7) lnvestigator Corey Hale, dtd; August 12, 2008 8) lnvestigator David Donato, dtd; August 12, 2008 9) lnvestigator Shane Porter, dtd; August 12,2008 10) lnvestigator Gavin Larremore, dtd; August 12,2008 11) lnvestigator Jason Laursen, dtd; August 13,2008 12) Officer Bill Hurlbut, dtd; August 13,2008 13) lnvestigator Rey Finales, dtd; August 13, 2008 14) Special Agent Jim Harley, dtd; August 14,2008 15) Special Agent Lou Andris, dtd; August 14,2008 16) Special Agent David Wilson, dtd; August 14,2008 17) Special Agent Robert Robbins, dtd; August 14, 200t 18) Officer Chris Pate, dtd; August 22, 2008 19) lnvestigator Ryan Pender, dtd; August 25,2008 20) Sergeant David Odom, dtd; August 26,2008 21) Sergeant Rod Looney, dtd; August 26,2008 22) Lieutenant Taltha White, dtd; August 28, 2008 23) Captain Chris Connell, dtd; August 29,2008 1.1. # 08-21 Page 3 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNI- 24) Sergeant David Odom, dtd; September 3, 25) Lieutenant Tatha White, dtd; September 3,2008 26) Sergeant Rod Looney, dtd; September 3,2008 27) lnvestigator Ryan Pender, dtd; September 3, 2001 28) Captain Chris Connell, dtd; September 4,2008 Exhibits: Please see attached invl ts. Allegation Overview: On May 7, 2008, the Vice and Narcotics Unit in conjunction with members of the - Career Criminal Unit and the Drug Enforcement Administration (DEA) conducted a BuyIBust Operation at 4750 North Meridian Road, Forest Meadows Park. Confidential Informant (CI) Rachel Hoffman was to complete the purchase from sse( d upc)tn a- an unknown suspect that went by the name v. The original Operational Plan detailed a urchase of narcotics from Mr. residence at Ms. Hoffman was to enter theI residence and purchase Methylenedioxymethamphetamine (MDMA) and cocaine. Once she exited the residence, a prepared anticipatory search warrant would be served on the residence. A second scenario was detailed in the Operations Plan. This involved a buylbust in the parking lot of Walmart, 5500 Thomasville Road. The plan called for the suspect@) to enter Ms. Hoffmans vehicle with the intent to sell Ms. Hoffman MDMA. When the suspect(s) entered the vehicle, arrest teams would move in to detain all occupants. The operations plan listed two suspects as bein involved in the buylbust, p- 4 check was done -o and someone only known as .%. A complete background w a s not identified prior to the operation. Once units were enroute to their assigned locations, suspect spoke with Ms. Hoffman and changed the location to Forest Meadows Park, 4750 North Meridian Road. Officers were notified of the change and moved their location to the Forest Meadows Park area. Ms. Hoffman left the Tallahassee Police Department and headed to Forest Meadows in her personal vehicle following lnvestigator Pender and Officer Pate in another vehicle and Special Agent Louis Andris, United States Drug Enforcement Administration, in his vehicle. Ms. Hoffman pulled into the wrong location, the Meridian Park Baseball Fields1 south of Forest Meadows. Investigator Pender redirected her north on North Meridian Road to Forest Meadows. Ms. Hoffman pulled back onto North 1.1. # 08-21 Page 4 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNITMeridian Road but did not go to Forest Meadows. When lnvestigator Penderwas able to get her back on the phone, Ms. Hoffman told him she was following on Gardner Road. This was their last contact with Ms. Hoffman.Investigators Note: The following is a time table of this operation based onsurveillance wire transmission, radio communications and phone callsbetween lnvestigator Ryan Pender, CI Rachel Hoffman, and suspect0 S Andris reports Ms. Hoffman, Investigator Pender, Officer Pate, A and himself are leaving Tallahassee Police Department. Pender calls Hoffman (2 min. 58 sec. Conversation) Investigator Pender tells units that - phoned Ms. Hoffman to tell her he was at Forest Meadows. They had just passed Tharpe Street on North Meridian. Text messages between Hoffman and Ben Reeves Hoffman: just got wired up wish me luck Im on my way." I Reeves: "Good luck babe! Call me and let me know whats up" Hoffman: "its about to go down" Test messages between Hoffman and Liza Patty Hoffman: "Park off meridian now" Patty: "And old Bainbridge?" Hoffman: "Its far ill call u after" Pender calls Hoffman (1 min. 55 sec. onv versa ti on) * Investigator Pender tells SA Andris to "keep your eyes on her (Ms. Hoffman)" while he moves back to turn the listening device on. Investigator Pender advised units that they are passing Timberlane Road on North Meridian Road and Ms. Hoffman is calling 06:38PM Hoffm calls- From "Yeah, this 1s I e he residential side, yeah it was like on the east side of the residential neighborhood, but um, right, so the, were ... alright... so after I go, sorry, Im gonna go down this hill after Maclay and then I turn left on the Ox Bottom?6:39PM Investigator Pender advises he is overhearing Ms. Hoffmans side of the conversation and that is attempting to send her to Ox Bottom Road.6:40PM Investigator Pender advises they are approaching Maclay School. According to his report, Investigator Pender pulls into Maclay Pendw School to park and monitor Ms. Hoffmans wire.6:41PM Ils Hoffman 1 min. 37 sec. Conversati From "Hey ... hes telling me to go to his dads nursery, or some shit, Im not even sure, Im going through Maclay right now if you see me, 1.1. # 08-21 Page 5 of 199
  • TALLAHASSEE POLICE DEPARTME - INTERNAL AFFAIRS UNIT Im actually going down this... Unhuh... alright, perfect, he told me to get in his car... yeah Iknow Im not getting in there... aright so, Im gonna go down this, on my left? Right here turn left? Alright I dont see the other car out there, 1/11pull in here." 6:41PM S Andris advises units that Ms. Hoffman pulled into baseball fields. A 6:42PM Investigator Pender advises units that is attempting to direct Ms. Hoffman to the nursery. 6:43PM 0 - &.Co ion) You there? Alright .... Ball park... alright, Ill call you right back... person. Investigator Pender advises units that he is directing Ms. Hoffman to pull into Forest Meadows Park. She is to tellht ta is where she is. Hoffman speaks to , min, 45 sec. Conversation) (2 From Kel transcription: "Hey, alright Im pulling into the park with the tennis courts right now, cause I have no idea where Iam... unintell... alright... Im in my Volvo" (loses signal) Pender attempts to call Hoffman (no answer) Investigator Pender asks units at Forest Meadows Park if they see her. They do not. Investigator Pender advises he has lost Ms. Hoffman on the wire and can not get her on the phone. Pender attempts to call Hoffman (no answer) S Andris advises the suspect BMW is parked at the nursery A occupied by two black males, parked with nose out by the road. Investigator Pender advises units that he cannot get Ms. Hoffman by phone or wire and that they need to keep eyes on the suspect vehicle a t the nursery. - Pender attempts to call Hoffman (no answer) S Andris advises he is turning around to get back to the nursery. A 6:47PM Sgt. Looney advises to get back with the suspect vehicle to ensure Ms. Hoffman does not pull in and make the deal outside their presence. Pender speaks to Hoffman on her phone (42 sec. Conversation) Investigator Pender advises units that Ms. Hoffman in on Gardner Road following He advises units to go to Gardner Road and move in immediately. Investigator Finales and Investigator Porter advise the arrest teams are on Gardner Road.,) Investigative Note: 1.1. # 08-21 Page 6 of 199
  • TALLAHASSEE POLICE DEPARTME,. I INTERNAL AFFAIRS U N T This report Is a summary of the statements given by those individuals Interviewed. For the sake of brevity, only a synopsis o f the relevant information, and not a word-for-word recital, i s contained herein. Unless otherwise indicated, all interviews with witnesses and subject officers were recorded .and transcribed in real time. At the conclusion of the investigation, said tapes and transcriptions will be available for review by interested parties. Witness Officer Interviews: lnvestigator Gary Watson: On Wednesday, August 8, 2008, at 10:07 AM, lnvestigator Danielle Davis conducted a taped interview with lnvestigator Gary Watson in the Legal Conference Room o f the Tallahassee Police Department. Also present i n the room was Internal Affairs lnvestigator George Creamer Jr., Police Benevolent Association (PBA) Representative Sergeant Sam Gereg and Court Reporter Mrs. Sandra Nargiz. The MemberNVitness Administrative Rights and OathlPerjury Warning forms were read, affirmed, and signed by lnvestigator Watson. All parties present witnessed the forms.I lnvestigator Watson has been employed by the Tallahassee Police Department for over thirteen years. He has been assigned to the Vice and Narcotics Unit for approximately ten months. He has had the opportunity to attend the Basic Narcotics Investigation School and internal training classes on blocking maneuvers, high-risk incidents and conducting surveillance. When he joined the unit he "shadowed" lnvestigator Ryan Pender for on-the-job training. lnvestigator Watson advised he was present at Ms. Rachel Hoffmans residence, located at 2626 East Park Avenue, number 16303, on April 17, 2008, during the issuance of the search warrant. lnvestigator Watson recalled illegal drugs being present in the apartment and probable cause existing for Ms. Rachel Hoffmans arrest. According to lnvestigator Watson, Ms. Hoffman was not criminally charged because she was provided the opportunity to work for the Tallahassee Police Department as a confidential informant (CI). On April 18, 2008, Ms Rachel Hoffman came to the Tallahassee Police Department to complete her confidential informant paperwork (packet). Present during the interview was lnvestigator Ryan Pender (the case agent) and lnvestigator Gary Watson. lnvestigator Watson stated that Ms. Hoffman was read her Miranda Rights and afforded the opportunity to call her attorney. According to lnvestigator Watson, Ms. Hoffman did not call her attorney because she did not like him. He stated, "She was afforded that opportunity but her comment was she did not like her attorney because she thought he was kind of geekish, kind of weird, she didnt like him." (Page 14:6-9) 1.1. # 08-21 Page 7 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNI- lnvestigator Watson said he witnessed lnvestigator Pender go through the CI packet with Ms. Hoffman. The CI packet explains what a Cls rights and responsibilities are and the expectations of the investigator (Page 15:ll-13). lnvestigator Watson advised Ms. Hoffman appeared to understand what her duties were and he witnessed her sign the documents acknowledging her duties. He also advised she was warned not to speak with others about the work she was doing with the Tallahassee Police Department (Page 19:22-25). When asked what instructions were given to Ms. Hoffman, lnvestigator Watson answered, You are given the standard instructions. Do not make contact with these people without us being present, being recorded; dont tell people about what you are doing, secrecy and confidentialitv of what you are doing, things like that," (Page 25:9-16). According to lnvestigator Watson, Ms. Hoffrn;ll~ ur~uerstood game of drugs. the "...But once she started talking about the deal that she was going to make, it was clear to me that she understood the game of drugs and as we express it, say the game. She was very well versed in the language and how to work the deal..." stated lnvestigator Watson, (Page 17:9-13). "She was very fluid in using street language in terms of describing the drugs, quantities, dollar amounts, things like that," recalled lnvestigator Watson (Page 24:19-21). He continued, "The only - II can express it this way. Me being from a very rough neighborhood growing up and her jargon would have been very consistent with someone from a very rough neighborhood who knew the drug game," (Page 24:24 - Page25:2). When asked if Ms. Hoffman volunteered to purchase MDMA, lnvestigator Watson advised, "She would have had to," (Page 17:25 - Page 18:2). He also advised she would have been the one to bring up the firearm. "I believe she brought that up because we had no reason to believe that there was anything about a firearm anywhere," (Page 18:3-6). lnvestigator Watson did not recall a discussion about Drug Court during the meeting. He stated, "I dont remember Drug Court coming up in that because normally its a probation and I dont remember anything from Drug Court coming up," (Page 20:14-18). lnvestigator Watson said he did not know what transpired in between the time Ms. Hoffman left the police station on April 18, 2008 and her coming back with her supplier . . on April 21, 2008. He stated, "I dont know what happened, wwe-t en e her leaving and showing up w i t h w i t h her and the case agent. But I do know that she informed us on that time that her neighbors who were out there that day saw what was happening and the reason .d )di not do the deal was because someone had already t o l d that weI busted her and that she was working for us. ~ n ~ u ~ ~ o s e d her~ confronted l with that. And one of the things w a a m e in and said, hey, you know, I will 1.1. # 08-21 Page 8 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT help her work off the charges. I will give you information to help work off these charges for her," (Page 25:24 - Page 26:9). present at the meeting on April 21, 2008, with Ms. Hoffman, and Investigator Pender. He stated, "Yeah, I was about~would work off the charges and they were and Hoffman, for what she was going to do for &. trying to work out whatever the situation between the o of them, in terms of the - And I was like - we like, hey, thats not what we here for," (Page 26:16). lnvestigator Watson a a reed the conversation was stopped aboutwhat she was going t o do for- lnvestigator Watson advised lnvestigator Pender spent a lot of time preparing for the May 7, 2008 operation. He stated, "...Investigator Pender was doing so - much on that case, he was creating OP plans (operational plans) and having to recreate OP plans. I mean he had so much information in the OP plan, I dont remember what the original date was-"(Page 28:l-4). lnvestigator Watson advis He was assigned to theI When asked which supervisors attended the operational briefing, he recalled Sergeant Looney, Lieutenant White and Captain Connell being present. He did not recall anyone (supervisors or investigators) present objecting to anything being discussed at the briefing. He also did not recall anything about Forest Meadows Park being discussed at the briefing or written in the operational plan. According to lnvestigator Watson, the initial plan was to conduct the operation at the house. He stated, "That was the residence. As I said earlier, there is always - a contingency for things. And this is not - this type work is not something that always happens where you think its going to happen," (Page 34:19-23). lnvestigator Watson advised the case agent decides on where the location is going to be. When asked if lnvestigator Pender was allowing the suspects in this investigation to set the buy location, lnvestigator Watson answered, "Negative. He was not," (Page 351-3). He did not know how the operation moved to Forest Meadows because he .was at the - - conducting surveillance. He learned the 1 operation had m6md to Forest Meadows after speaking with lnvestigator Hale. He stated, "lnvestigator Hale and I talked on the phone and 1 knew he was going to Forest Meadows. lnvestigator Pender informed me that I needed to head- - that it was going to take place at Forest Meadows," (Page 38:22-25). lnvestigator Watson said he knew one suspects identity. He did not know the J,. other suspect. - 1.1. # 08-21 Page 9 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT The interview was concluded at 10:57 AM. lnvestigator Kevin Miller: On Friday, August 8, 2008 at 12:57 PM, lnvestigator Danielle Davis conducted a taped interview wfih lnvestigator Kevin Miller in the Legal Conference Room of the Tallahassee Police Department. Also present i n ;the room was Internal Affairs lnvestigator George Creamer Jr., PBA Representative Sergeant Sam Gereg and Court Reporter Mrs. Sandra Nargiz. The Memberwitness Administrative Rights and OathIPerjury Warning forms were read, affirmed, and signed by lnvestigator Miller. All parties present witnessed the forms. lnvestigator Miller has been employed by the Tallahassee Police Department for over eight years. He has been assigned to the Vice and Narcotics Unit for approximately three years. For formalized training lnvestigator Miller has attended schools on; Basic Narcotics investigations, Advanced Undercover Narcotics Investigations, Methylenedioxymethamphetamien (Meth) lab training / certification, and Interviews and Interrogations. For on-the-job training he shadowed former Vice investigator Sergeant Sam Gereg.I lnvestigator Miller advised background checks are completed on a confidential informant before a CI packet is given to a supervisor to sign off on. Additionally, the packet must be signed prior to the CI being worked. According to lnvestigator Miller probation and parole status is always asked of the potential CI and if they are working with any other agencies. lnvestigator Miller did not participate in the search warrant served at Ms. Hoffmans residence. He was unaware Ms. Hoffman was participating in the Drug Court also unaware she came to the police station with her supplie after completing her CI packet. He answered, "I - Page 16:4). lnvestigator Miller advised he got involved in the investigation involving Ms. Hoffman at the request of lnvestigator Pender. He said he sat in on control phone calls she was making to suspect "m however, could not recall the He, exact date of the phone calls. lnvestigator Miller said he knew a couple of days prior to May 7, 2008, the operation was going to occur. He said Ms. Hoffman ma (on May 5, 2008) to contact W by telephone at the but the attempts were unsuccessful. He stated, "So, it wasi at that point I believe she met w i t h u - 1 " (Page 17:16-20). 1.1. # 08-21 Page 10 of 199
  • ENT TALLAHASSEE POLICE DEPARTMI INTERNAL AFFAIRS UNIT lnvestigator Miller later agreed the person Ms. Hoffman spoke with during the "meet and greet" ws a- He recalled the "meet and greet" lasting for approximately 20 minutes. He could not remember the exact details of the conversation but advised it was recorded. From what he did recall, Ms. Hoffman seemed comfortable speaking with da n in control of what she was saying. "From what I remember, he basically assured that he could get the drugs that she was wanting. I dont remember the finite details of it, but it sounded good. We left it thinking yes, that he was going to be able to get us those particular drugs," said lnvestigator Miller (Page 18-20-24). According to lnvestigator Miller the suspect "m was not identified between the time frame of April 22,2008, and before the May 7, 2008 operation occurred at 6 PM. In reference to background work, lnvestigator Miller advised he assisted May 7Ih. He went - d to and to the where he took photographs. He did not do any otherI When asked who determines buy-busr ~ocarions,Investigator Miller responded, "Its a very difficult question to answer. We do our best to make sure that the location is purely by our choice. We - - ideally, we would like it to be in one particular location; however, the nature of narcotics and the untrusting nature of suspects sometimes will make it so that location will have to change. If the location changes, there is an assessment, generally by our supervisors, to make sure that the location would be conducive.to the way we would perform our operation. If its not conducive we would not do it," (Page 13:15 - Page 14:3). According to lnvestigator Miller, the supervisor gives the final okay to move the location of the buy-bust. lnvestigator Miller advised he was a part of the primary arrest team for the May 7Ihoperation. From what he recalled from the operational plan, Forest Meadows Park was not mentioned. He recalled the Wal-Mart (5500 Thornasville Road) a n d f b a s the buy locations listed in the plan. When asked if he was present for the operational briefing on May 7h,lnvestigator for part of the briefing because he was taskedwith He recalled supervisors Sergeant Looney, Lieutenant present at the briefit-@. He did not recall anyone at the briefing objecting-to anything discussed.- when agKed what assignment DEA (Drug Enforcement Administration) Agent Lou Andris was given he advised, "I dont remember what it said specifically on paper without reviewing it. I know that he was with lnvestigator Pender and Rachel Hoffman," (Page 1.1. # 08-21 Page 11 of 19
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT 25:17-22). lnvestigator Miller did not recall Forest Meadows Park being discussed at the briefing. According to lnvestigator Miller after the briefing was over, no one knew exactly where the buy-bust was to occur. He stated, "We - had the general location. We wanted it on Thomasville, the Wal-Mart. However, I think we were going to have a better idea once - an actual finalized location once more phone calls were made, which is actually very common," (Page 26:6-12). After the briefing he and the rest of Arrest Team # I (Sergeant Looney, lnvestigator Suleski and lnvestigator Boccio) went to the parking lot, "geared up" and stood by for the final confirmation on where the deal was to occur (Page 27: 21-24). When asked if lnvestigator Pender allowed the suspects to pick the buy location, lnvestigator Miller answered, "I dont know. You have to ask him, lnvestigator Pender that," (Page 28:lO-13). When asked what occurred when he reached Forest Meadows Park, lnvestigator Miller advised his team drove into the park via the main entrance and "pulled just to the right of the entrance." We were informed by units that were already in it that a possible suspect vehicle matching the description of the suspect vehicle was already there so we set up in a position to where we could try to see it. We couldnt see if from where we were at," said lnvestigator Miller (Page 29:3-7). lnvestigator Miller advised no one ran the license plate of the vehicle to try and identify whom the car belonged to. lnvestigator Miller recalled what occurred when Ms. Hoffman reached the park area from the radio transmissions that were occurring at the time. He stated, "...I believe Rachel Hoffman pulled into the first entrance off Meridian to the park, which is south of the main entrance in the parking lot where we wanted her to go. And somehow in there, I dont know, 1 didnt see any of it, she had pulled back out and was supposed to come to our location - - or go to our location and return, which she never did," (Page 29:16-23). lnvestigator Miller said he never saw Ms. Hoffrnan eriter Forest Meadows Park. The interview was concluded at I PM. :30 lnvestigator Chris Corbitt: On August 8, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with Investigator Chris Corbitt after being advised o f his OathlPerjury Warning and Police Officer Statement of Rights. Sergeant Sam Gereg was also present as lnvestigator Corbitts P.B.A Representative. lnvestigator Danielle Davis and Court Report Sandi Nargiz were also present.I 1.1. # 08-21 Page 12 of 199
  • TALLAHASSEE POLICE DEPARTMEINT INTERNAL AFFAIRS UNIT lnvestigator Corbitt has been employed as a police officer with the Tallahassee Police Department for approximately 12 years and is currently assigned to the Technical Operations Unit. He has been assigned to t years. lnvestigator Corbitt has received training in advanced surveillance techniques, and has twice attended the National Technical Investigators Associations (NTIA) training seminar. According to lnvestigator Corbitt, all Special Investigations Unit (Vice) investigators receive basic training and are authorized to use the technical surveillance equipment. He referred to some as "superusers". . Those listed as "superusers" currently are Investigators Ryan Pender, Kevin Miller, Corey Hale, Gary Watson, and Scott Heath. lnvestigator Corbitt was asked what extra training was provided to "superusers". lnvestigator Corbitt stated, "Just additional hours of product-specific training. There was some vendor training materials that were provided for them. They are shown advanced installation techniques or - and have assisted in setting those operations up when I am not available." (pages 10:22 - 11:) I Later in the interview lnvestigator Corbitt was asked to further explain what training is necessary to be a "superuser" in regards to surveillance equipment. 1 He stated, "There is not a designated standard that someone satisfies to become a superuser. It is based on a selection by the sergeant for who will participate, the desire of that person to participate, and then the additional training that is provided." (page 352-6) lnvestigator Corbitt was not involved in the planning or execution of the operation dated May 7, 2008, involving Confidential Informant (CI) Rachel Hoffman. lnvestigator Corbitt had been requested to assist the Florida Department of Law Enforcement (FDLE) in Panama City, FL, reference a violent crime where tracking equipment was required. Hf however, aware of the equipment used for that operation. Investigators Note: lnvestigator Corbitt sent by email the following modelI numbers for the_above listed equipment: 1.1. # 08-21 Page 13 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Prior to our interview, lnvestigator Corbitt and his PBA representative, Sergeant Sam Gereg, were taken to the area of the May 7, 2008 operation. They were shown key locations in the operation to include Forest Meadows, the Meridian Sports Complex, and Maclay School. This was in preparation for asking lnvestigator Corbitt questions as to how he would have arranged equipment for the operation. ccording to lnvestigator Corbitt, it would have been uncommon to use for an operation such as this one (page 18:19). lnvestigator Corbitt was "So not knowing the particulars of the operation, then its impossible for me to say hypothetically what I would have used. I can tell you half of the equation as far as the equipment itself, but the needs and demands of the operation, its hard1 for me to make recommendations without knowing those particulars." (pages 17:25 - 18:12) lnvestiaator Corbitt was asked to describe where he would have laced the Y n this operation. He stated, "Again, the particuiars of the 1.1. # 08-21 Page 14 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT lnvestigator Corbitt stated he maintains the repair logs on the equipment used. According to lnvestigator Corbitt, all the equipment used during the May 7, 2008 operation was in good repair with no noted issues. lnvestigator Corbitt was asked where he would have setup the monitoring vehicle to monitor an operation occurring at Forest Meadows. He stated. "Again. its Investigators Note: The parameters lnvestigator Corbitt listed were not known to officers involved in the operation on May 7,2008. As ~reviouslv noted. lnvestiaator Corbitt was ~rovided tour of the area around a "So in that situation, I would begin as far away as I felt comfortable for the operation. And if I was not able to receive, then I may move closer until 1 am able to receive. And that may be a trial and err01operation." (page 251-15) Investigators Note: The baseball fields south of Forest Meadows that lnvestigator Pender will refer to is the Meridian Sports Complex. For the purpose of clarity, distances between the Meridian Sports Complex, Maclay School, and Forest Meadows Park were recorded. Maclay School is approximately .55 miles south of the Meridian Sports Complex. Maclay School is approximately .6 miles south of Forest Meadows Park. The Meridian Sports Complex is approximately .05 miles south of Forest Meadows Park.1 1.1. # 08-21 Page 15 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT According to lnvestigator Corbitts interview, Maclay School would have been an acceptable starting point for gauging the reception for an operation being conducted at Forest Meadows. lnvestigator Corbitt was asked to describe the duties of the team in the monitoring vehicle. He stated, "The duties, as I understand them, for the monitoring person is to monitor the transaction, monitor the wire, the audio that is coming, and relay pertinent information to the team. "Generally, I am listening not at the specifics of the conversation, but 1 am listening for conversation that is consistent with the drug transaction. I am listening for any predetermined symbols of verbiage to indicate that the deal has occurred. "Depending again on the operation, if there is to be a takedown or whatever is to occur, then I will relay pertinent milestones during the operation that it has occurred, suspects have arrived, suspects have departed, whatever those may be." (pages 28:17 - 295) lnvestigator Corbitt acknowledged some advantages to having the case agent and the monitoring person as the same person or in the same vehicle. The case agent has specific knowledge about the investigation and therefore a benefit1 when monitoring the transaction. His preference is to have the case agent or someone as knowledgeable with him while monitoring the audio surveillance. Officer Greg Tucker: On August 11, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with Officer Greg Tucker after. , being advlsed of his OathlPerjury Warning and Police Officer Statement o f Rights. Sergeant Sam Gereg was also present as Officer Tuckers P.B.A Representative. lnvestigator Danielle Davis and Court Report Sarah Gilroy were also present. Officer Tucker has been employed with the Tallahassee Police Department as an officer for approximately 10 years. He is currently assigned to the patrol division. Prior to this he spent 14 months in the Special Investigations Unit (Vice). As part of his training in Special Investigations, Officer Tucker attended training in basic narcotics investigations, undercover work, and a Drug Enforcement Administration (DEA) diversion course. lnvestigator Tucker provided a description of the process for documenting a confidential informant (CI). According to Officer Tucker, it is the investigators responsibility to do the background check on potential Cls. This background check includes a criminal history check. Officer Tucker stated, "Obviously weI check JIS and FCIC." (page 155) Officer Tucker stated pretrial release and 1.1. # 08-21 Page 16 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT diversion programs such as the Drug Court program are not an issue when enlisting a CI. The rules of confidential informants (CI) are to follow were discussed with Officer Tucker. According to Officer Tucker, the list is "pretty comprehensive as far as telling them what to do, what theyre not allowed to do and such." (page I 1:22- 24) Officer Tucker was asked if was against the rules for a CI to discuss their work with the Tallahassee Police Department with another suspect, one theyre attempting to "set up". He stated, "Yes." (page 12:4) Later in the interview he stated this would be cause for him to dismiss the CI. (page 19:3) Officer Tucker was asked if would be against the rules for a CI to discuss or set up a deal with a suspect without first discussing it with the case agent. He stated, "In fact, thats one of the rules we discuss, that you cannot set anything up. I tell, them, if somebody calls and says, hey, I got to do this, put them off. What do you got to do? My sister is in the hospital, got to leave town. Put them off until you can talk to me. Then 1 will give you guidance from there. But you dont say anything without me knowing about it." (page 12:8-15)i Officer Tucker was asked what decisions were up to a CI to make. He stated, "The CI makes no decisions besides whether they want to work or not. Thats always their decision. If they want to walk, I dont care. I can get other CIS. But we make the decision." (page 26:16-19) Officer Tucker was asked about a situation where one CI paid another CI to work for Vice and for that work to count towards the first Cls substantial assistance. Officer Tucker was asked if he would have a problem with that. He stated, - - "Yeah. Ijust no, I dont again, Im sort of a stickler as far as, I dont like Cls. I dont trust Cls. I dont like using Cls. I kept them lower level just for that reason." Officer Tucker was asked if suspects are allowed to choose the location for an ooeration. He stated. We ultimatelv decide if were aoina to ao there or not. -. - someplace that meets our parameters." (page 35:l-7)- According to Officer Tucker, operational plans are approved and physically signed off on by a supervisor. At times there are corrections made along the way that may cause the final copy to not bear a signature. The final copy, though, will not be substantially different from the signed copy.I Officer Tucker was asked who had the authority to change an operation once it was in motion. Investigator Creamer specified the change referred to would be 1.1. # 08-21 Page 17 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNITthe location of the operation. Officer Tucker stated, "At the very minimum yoursergeant, at the very minimum. And usually the sergeant - obviously Im notthere; I dont know. But Im guessing they usually call the lieutenant. But thevery minimum your sergeant has to know about that." (pages 37:25 - 38:4).For the operation dated May 7, 2008, Officer Tucker was assigned to arrest teamnumber two. Officer Tucker was to drive his unmarked vehicle with lnvestiaators lason Laursen, Gavin Larremore, and Shane Porter. Officer Tucker assisted in E l Rachel Hoffman was to use in the operation. :ent of the operational briefing (page 43:7). Hisknowledge of the operation, who was in attendance at the briefing, and theirassignments was limited to the operational plan.Officer Tucker was asked who approved the operational plan. He stated, "Atleast up to the deputy chiefs level, because he gave us the money. So I figuredat least up to there it had been approved, since he gave us the money to do theoperation. He gave Pender the money to do the operation." (page 41:19-23)Officer Tucker was asked who had been assigned to "keep eyes" on CI RachelHoffman. He stated, "Usually thats handed off to people as we go. In this casewe had arrest teams already in the parking lot. My understanding was thatPender or someone else would follow her up to the entrance to Forest Meadows.When she pulled in, the teams already in the parking lot would take oversurveillance then." (page 45:14-19)Officer Tucker learned the location for the operation had been changed to ForestMeadows once he and his team were in their vehicle. Officer Tucker had been tothe area before. One of the officers on his team told him which entrance to turninto once they got to Forest Meadows. Officer Tucker was asked to describe ,Forest Meadows and the surrounding area. He stated, "Basically the three -entrances at the time I knew there were two or three entrances. But, now, ofcourse, I know there is more. The first entrance is softball, baseball field. Thesecond is the tennis facility. And the third entrance i s the soccer field orsomething. I think its something else. Basically a third entrance of the road, ifI;m not mistaken." (page 50:4-10)Officer Tucker was asked if he knew what the safeguards were in case of arobbery or should C Rachel Hoffman chose not to follow directions. He stated, "I Iwasnt at the briefing for that part. I know what normally would happen. As faras the particular operation, I dc~nt know."Investigators Note: I A sr10uld be noted the three Investigators in Officer I[ -L-..Tuckers vehicle, Larremore, Laursen, and Porter, are members of theCareer Criminal Unit and the Tactical Apprehension and Control (TAC)team. They were carrying gear to assist the operation should a violentencounter occur. 1.1. # 08-21 Page 18 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS U N P Officer Tucker was asked if anyone "scouted" out the area when the location was switched to Forest Meadows. He stated, "Didnt have time to scout it out ahead of time because they had just made the change. Our guys got there - I dont know who got there first, but we had units there well ahead of when Pender left the station." (page 5 5 12-16) Officer Tucker was asked if he thought the location of Forest Meadows was a 1 According to supplemental reports and statements, a possible suspect vehicle was located in the Forest Meadows parking lot by Investigator Corey Hale. He radioed to other units in the parking lot this information. Officer Tucker was asked if this caused them concern about possible counter-surveillance by the suspects. He stated, "Were always looking for anybody else hanging around the parking lot who looks like theyre watching anybody else in the parking lot." (page 57:lO-12) Officer Tucker was asked if concern of counter-surveillance by the suspects would warrant calling off the operations. He stated, "Depends if we had seen that counter-surveillance or not. Again, its something youre always aware of. Some of your dopers do it automatically." (page 575-8) Officer Tucker was asked if he thought someone would be following CI Rachel Hoffman to the entrance of Forest Meadows where the arrest teams would up visual surveillance. He stated, "Yes." Officer Tucker heard lnvestigator Pender on the radio when he advised CI Rachel Hoffman was heading to the entrance of Forest Meadows from the exit of the Meridian Sports Complex. He was asked if he thought someone had continued to follow her to the park entrance. Officer Tucker stated, "It was only a few seconds there. And when he said he lost her on the wire, at that point weI knew it was a problem, because we knew they werent behind her, and they lost her on the wire. So we knew there was a problem right there." (page 59:21-25) ~- 1.1. # 08-21 Page 19 of 199
  • TNTERNAL AFFAIRS U N I I When lnvestigator Pender radioed to units that CI Rachel Hoffman was on Gardner Road, Officer Tucker and his team left the parking lot and headed north on North Meridian Road. According to Officer Tucker, no one in his vehicle knew where Gardner Road was located. At some point, he was given directions over the radio that Gardner Road was approximately two miles north of Thompson Circle. Officer Tucker did not activate his lights and siren when responding to Gardner Road. Officer Tucker stated, "I was tom between activating lights and sirens. If this is going bad to a robbery, they hear it coming, and something bad happens, which we didnt know at the time she was already - so I was torn between getting there as fast as I could and not alerting the bad guys until we got there. At that point we didnt care about the takedown as far as the arrest. We didnt care about the dope. We were going to get our CI back." Investigator Vincent Boccio: On August 11, 2008, lnvestigator Gaurytr Creamer, Jr. conducted a taped interview in the Legal Conference Room with lnvestigator Vincent Boccio after being advised of his OathIPerjury Warning and Police Ofticer Statement of Rights. Sergeant Sam Gereg was also present as lnvestigatorI Boccios P.B.A Representative. lnvestigator Danielle Davis and Court Reporter Sarah Gilroy were also present. lnvestigator Boccio has been employed by the Tallahassee Police Department as an officer for approximately 7.5 years. He has been assigned to the Special Investigations Unit (Vice) for almost 4 years. As part of his position he has received training reference indoor marijuana school, basic investigations, interviews and interrogations, tactical drug law enforcement, high-risk search warrants, and rave drug identification. lnvestigator Boccio discussed the procedures per Vice Standard Operating Procedure (SOP) for documenting confidential informants (CI). He stated, We will run warrants, wants and warrants, NCICIFCIC, our local database." (page 10:5-6) According to lnvestigator Boccio, the Drug Court program is not an issue. Once the CI Packet is completed, it is sent to the sergeant for review. lnvestigator Boccio stated, "And the supervisor, again, their ultimate decision is to sign off on the packet or not and whether it gives us permission to use the CI." (page 12:12-14) lnvestigator Boccio was asked what would cause him to stop using a CI. He stated, Whether the CI has been arrested while in my - under my supervision, I! guess so to speak, for obviously drug-related crimes; if theyre caught lying; if theyre out and about, and theyre telling other people that theyre working for the 1.1. # 08-21 Page 20 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITpolice department, and deals are starting to fall through because theyre openlngtheir mouth, that would be some of the big reasons they will be inactive for us."(pages 12:24-13:6)lnvestigator Boccio was asked if it would be cause for dismissal if a CI disclosedhisker status to a suspect. He stated, "Yes. They wouldnt be used again."(page 13:15)lnvestigator Boccio discussed how it is determined what type and the quantity ofproduct the CI is to purchase. He indicated it depended on what the CI normallypurchased. The amount and price would be consistent with the Cls history. Thetype of drug would also depend on the Cls habits, lnvestigator Boccio stated, "Iwould ask them, would you be able to buy that? They would say, yeah, Ive donethat before. Im not going to send someone in, never bought something before,and just do it." (page 19:17-21) lnvestigator Boccio was asked if that decision -was left to the CI. He stated, "No. That would again, the CI would run itthrough me, and then you talk it over with your supervisor." (pages 19:24- 20:l)lnvestigator Boccio was asked if he would allow one CI to pay another CI to workfor the Vice Unit and for that work to apply to the first Cls substantial assistance.He stated, "No. CI number one would ask C1 number two, hey, can you buydrugs from this person or introduce - you know, can you introduce me to thisperson? Sure. But paying for money? No, we dont do that." (pages 21:24-22:3)lnvestigator Boccio was asked if there are any discussions at an operationalbriefing that are not covered in the operational plan. He stated, "The only thingthats ever discussed thats not in the operational plan is safety concerns. Doesanyone see an easier way to do it? Obviously its already written on paper."(page 26:19-22) lnvestigator Boccio was asked who had the authority to changean operational plan once the operation is in motion. He stated, "Usually on abuylbust or search warrant you always have a sergeant on scene. If something -and the case agent and sergeant are constantly talking. Theyre telling him -whats going on, what the CI is talking about, what the bad guy is saying. So ifsomething was to go wrong, the ultimate decision would be made by yoursergeant." (page 29:7-13)For the operation dated May 7, 2008, lnvestigator Boccio was assigned to arrestteam one with Sergeant Rod Looney and Investigators Mike Suleski and KevinMiller. When asked about supervisors who attended the briefing, he recalledseeing Captain Chris Connell, Lieutenant Taltha White, and Sergeant Looney.According to lnvestigator Boccio, the Drug Enforcement Administration (DEA)Special Agents were assigned surveillance at He did notrecall any of DEA Special Agents bc?ing as:signed surveillance on CI RachefHoffman. 1.1. # 08-21 Page 2 1 of 199
  • TALLAHASSEE POLICE DEPARTME-- . INTERNAL AFFAIRS UNIT lnvestigator Boccio was asked who approved the operational plan. He stated, "I know the sergeant was on scene. Lieutenant, captain, and had to be approved by the deputy chief, because he issued the money." (page 33:15-17) lnvestigator Boccio was asked about the safeguards discussed at the briefing. asked, "And all that is contingent upon the wire, everything else,listening devices being operative?" lnvestigator Boccio stated, Thats correct." lnvestigator Boccios team was still in the parking lot of the Tallahassee Police Department when he got word the location of the deal had been moved to Forest Meadows. He did not know who changed the location. He was asked if he and his team went straight to Forest Meadows. He stated, "Thats correct, on North Meridian Road. We actually parked - once we passed Meridian Road, passed the park, we actually pulled into a church, because lnvestigator Hale - Im sorry - yeah, lnvestigator Hales team was going to drive into the parking lot and see if they could get eyes on a potential suspect vehicle. Once they did, then our team I took place inside Forest Meadows park." (page 40:15-23) lnvestigator Boccio was asked if pre-surveillance was done at Forest Meadows. He stated, "The only pre-surveillance was because we were heading toward that direction anyway. lnvestigator Hales team went inside, did a quick drive-through to see if we could locate the silver BMW that we go information about." (page 42:5-9) lnvestiaator Boccio was asked if Forest Meadows. Der Vice SOP. was a aood for a buylbust." (page 42:15-22) lnvestigator Boccio was asked if it wa: :ern that the suspects might haveI Investigator Boccio was asked at what point did he believe C1 Rachel Hoffman was not going to make it to Forest Meadows. He stated, "We were advised on 1.1. # 08-21 Page 22 of 199
  • TALLAHASSEE POLICE DEPARTMt N I INTERNAL AFFAIRS UNIT the radio she pulled into the wrong entrance. lnvestigator Pender then stated that she should be pulling in now to the other location. We had eyes on the entrance. We did not see her. About a minute went by. Rod Looney got on the phone, on the radio and said, we dont see her. lnvestigator Pender said, theyre trying to get in touch with her. And he mentioned something about Gardner Road. Thats when we started heading out." (page 44:24-438) lnvestigator David Donato: On Tuesday, August 12, 2008, at 1:00 PM, lnvestigator Danielle Davis conducted a taped interview with Investigator David Donato in the Legal Conference Room of the Tallahassee Police Department. Also present in the room was Internal Affairs lnvestigator George Creamer Jr., PBA Representative Sergeant Sam Gereg and Court Reporter Mrs. Sandra Nargiz. The MemberMlitness Administrative Rights and OathlPerjury Warning forms were read, affirmed, and signed by lnvestigator David Donato. lnvestigator Donato has been employea ~y the Tallahassee Police Department for fourteen years. He has been assigned to the Vice and Narcotics Unit for four years and assigned to the Drug Enforcement Administration Task Force for almost two years. He has received the following training related to narcotics: anI 80 -hour DEA Basic Investigations school for state and local officers and the 40- hour advanced DEA state and local investigator class; a 24 hour school on indoor marijuana grows; a 32-hour class on asset forfeitures and seizures; a 40 b u r class on criminal patrol techniques for drug enforcement and Interview and " Interrogations. He received on-the-job training from former Vice investigator, Sergeant Sam Gereg. According to lnvestigator Donato the investigators run JIS (Justice Information System) checks on potential confidential informants and Teletype runs the FCICINCIC printouts. (Page 9:23-24) lnvestigator Donato advised he was not present for the search warrant served on April 17, 2008. He also did not attend any meetings with Rachel Hoffman between April 18" and May 7th. lnvestigator Donato said he became aware the May 7Ih operation was going to occur on May 7tharound lunchtime. "Pender called me right around lunchtime. In fact, I think I was at lunch," said lnvestigator Donato (Page 30:18-21). lnvestigator Donato said he goes to lunch at 11:30 AM. When asked what preparation he did for the May 7h operation, lnvestigator Donato advised he completed a DEA operational plan which referenced back to the TPD (Tallahassee Police Department) operational plan. He also searched through DEA records to see if there was intelligence information h e y didnt have any). Additionally, lnvestigator 1.1. # 08-21 Page 23 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT gathered information on the investigators participating in the operation (their birthdays and social security numbers) for the DEA deputization form. lnvestigator Donatos attention was directed to an e-mail he sent to himself with the involved officers dates of birth, social security numbers, home addresses, birth city, and date of their last firearms qualification. When asked if that was all that is required for an officer to be deputized under DEA, lnvestigator Donato advised there is a standard DEA form with blocks on it. The information gathered goes onto the form. After the form is completed, the officers have to raise their right hand and swear. According to lnvestigator Donato, the DEA supervisor would have been the person to deputize the officers involved in this investigation. He believed eight or nine officers were deputized. lnvestigator Donato recalled DEA agents Jimmy Harley, Lou Andris and the DEA attending the briefing. Jimm Harle was sent t o r n o w a f c h u s e and as a spotter* --. He was unsure what Agent Andris assignment was. When asked what supervisors are normally on scene, he advised a sergeant. He said lieutenants normally attend the briefings and in the case of this operation,I the captain (Connell) was there. lnvestigator Donato said he a n d ( ~ ~ eRobert Robbins) left to-g n t r efore the controlled telephone contacts were made. When he got t o m he called lnvestigator Pender and learned the location of Forest Meadows had been decided on. He did not recall Forest Meadows specifically being mentioned at the briefing. He stated, "...they did mention that she had had a conversation with him and they mentioned some kind of park where all the rich people go off Old Bainbridge," said lnvestigator Donato, (Page36:8-12). He continued, "...She had had conversation with him at some point and they were talking about doing it at the park where the rich people go on Old Bainbridge. And of course nobody knew what that was because it doesnt exist," (Page 36:24-Page 37:3). lnvestigator Donato was asked what the restrictions are in terms of buylbust locations. He answered, "I dont know if there is really any spelled out. What you are going to look at is someplace where you can blend in, you can do it safely for everybody involved, from the sources, the suspects, to the innocent people, to the officers that are doing it. Someplace that you can, again, kind of blend in and monitor and kind of quickly seal off or isolate," (Page 37:13-21). lnvestigator Donato believed Forest Meadows Park met those guidelines. ----. ----- 1.1. # 08-21 Page 24 of 199
  • TALLAHASSEE POLICE,DEPARTMENT INTERNAL AFFAIRS UNIT at the house,- went to - to see if they could follow the suspects from the house to the deal and still have a valid search of the house Pa e 39:6-11). lnvestigator Donato advised he could see the h o u s a &- Investigator Donato advised-~hen he heard it relayed that the gray BMW, which Investigator Donato advised Anent Harley then advised "thev" were at the dead end o f ~ a r d n e r Road. After h d i n g ~ a i d n e r Road lnvestigator Donato a d v i s e n g wasnt going right." (Page 43:15-23) lnvestigator Shane Porter: On August 12, 2008, lnvestigator George Creamer, Jr. conductea a taped interview in the Legal Conference Room with lnvestigator Shane Porter after being advised o his OathlPerjury Warning and Police Officer f Statement of Rights. Sergeant Sam Gereg was also present as lnvestigator Porters P.B.A. Representative. lnvestigator Danielle Davis and Court Reporter Sandi Nargiz were also present. lnvestigator Porter has been employed by the Tallahassee Police Department for approximately 8 years. He is currently assigned to the Career Criminal UnitI ( c c ~ ) has been for the past 4.5 years. and - - 1.1. # 08-21 Page 25 of 195
  • , TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT staffing (page 19:3-4). Had the operation taken place at - lnvestigator Porter was asked to participate in the May 7, 2008 operation as extra lnvestigator Porter and the CCU participants were to use their Tactical Apprehension and Control (TAC) supplies. If a robbery or hostage situation were to occur, Captain Chris Connell advised that the CCU participants were to take over. lnvestigator Porter was assigned to arrest team 2. lnvestigator Porter was asked who was assigned to keep eyes on Cl Rachel Hoffman. He stated, "I dont recall. I am assuming it would be Pender, but I dont know, because he was running the wire. So I dont recall who." (page 21:l- 3) lnvestigator Porter was asked if any safeguaras were discussed at the briefing such as what was to occur if the CI is lost or does not follow orders. He stated, "I dont remember if it was discussed at the briefing. Weve always been told that if you have a situation where we completely lose contact with the CI, typically we call stuff off. We are not going to do deals if we dont know whats happening. But I dont remember if it was specifically said in that particular briefing or not. Its just kind of a known." (pages 23:20-24:l) Prior to leaving the parking lot, lnvestigator Porter and his team were notified theI location of the operation had been changed to Forest Meadows. According to lnvestigator Porter, he knew Forest Meadows and the surrounding area. lnvestigator Porter was asked if the suspects had changed the location to Forest Meadows. He stated, "If I remember right, I believe the suspect changed the location, yeah." (page 25:2-3) lnvestigator Porter recalled lnvestigator Corey Hale had observed a possible suspect vehicle in the parking lot prior to his team entering the park. lnvestigator Porter was asked if those on his team had any concerns about the suspects setting up counter-surveillance. He stated, W e were concerned the whole time. Because I remember when we were pulling in, we were specifically making sure lnvestigator Porter was asked if his team took any measures to ensure the sus~ectswere not watching them, that there was not a second vehicle of lnvestigator Porter was asked if any of the other officers were actively checking the park for additional suspects or vehicles. He stated, "As far as walking around1 or driving around, no, because, just like I said, believing that that could be the suspect, nobody really wanted to move." (page 28:l-3) 1.1. # 08-21 Page 26 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNI lnvestigator Porter was asked if he thought anyone was watching C1 Rachel Hoffman until she entered Forest Meadows. He stated, Well, we were all watching Meridian Road, watching the entrance waiting for her to pull in the park, because when we were told she was leaving the baseball field she pulled in, I guess she thought she was supposed to be. And what I remember Pender got ahold of her and said, hey, you need to go one more up, one more parking lot up. So he got on the radio and said, hey, I told her to move up. And we all started watching the entrance, watching Meridian Road, and just never saw her pull in." (page 28:8-I 8) According to lnvestigator Porter, he believed lnvestigator Pender was watching CI Hoffman from the time she left the baseball fields to the point she entered Forest Meadows. He stated, "I honestly thought that Pender saw her or had eyes on her, yes." (page 28:24-25) lnvestigator Porter was asked what his reaction was when he realized lnvestigator Pender had no phone contact or wire contact with CI Hoffman. He stated, "He - Pender said I am still trying to get her on the wire. At that point we are still thinking the guy might be in the same lot as us, so nobody really wanted to move and go look for her. And we already knew that we had a DEA guy on Meridian Road and Pender on Meridian Road. It wasnt too long after that Pender got back on the radio and said, I got her on the phone, she is following him right now, and they are going down whatever road. He said, do the takedown now, I dont care if the deal goes or not, take it down now." (pages 29:21-2016) lnvestigator Gavin Larremore: On August 12, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with lnvestigator Gavin Larremore after being advised o f his OathlPerjury Warning and Police Officer Statement of Rights. Sergeant Sam Gereg was also present as lnvestigator Larrernores P.B.A Representative. lnvestigator Danielle Davis and Court Reporter Sandi Nargiz were also present. lnvestigator Larremore has been employed by the Tallahassee Police Department as an officer for 5.5 years. He is currently assigned to the Career Criminal Unit (CCU) and has been for approximately 9 months.. Investigator Larremore was asked to participate in the May 7. 2008 operation along with several members of CCU. He acknowledged he attended the briefing for the operation. lnvestigator Larremore recalled Captain Connell, Lieutenant White, and Sergeant Looney were present at the briefing. lnvestigator Larrernore described his role in the operation for each of u l a locations in the operational plan. He stated, "They talked about the Walmart 1.1. # 08-21 Page 27 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT being the main place. That was kind of, from my recollection, was a backuppossible location. It could happen one of either on Meridian or possibly at theWalmart. And I dont remember at what point we found out it was going to be atthe Meridian location, but thats where we headed to when we left here thestation. But we did talk about which vehicles arrest team 2 was going to do thisand be responsible for the suspects car or this group is going to be responsiblefor her car. So there was discussion as to that at the buy location. I dontremember into what detail it was." (pages 18:24-19:lO)lnvestigator Larremore was asked who was going to give him h ~ cues as to what swas occurring in the house or vehicle. He stated, "My understanding would bethat it would come from the guys - and I believe it was Pate and Pender in thecar monitoring the wire, if I am remembering correctly." (page 19:13-16)lnvestigator Larremore was asked if he recalled what assignments the DEASpecial Agents had. He stated, "There were - I believe one of them, maybeAndris, if I am correct, was to be one of the eyes on the car on her way to thelocation. And I dont know if the other one . I am not sure whattheir direct assignments were. Thats just w h a t a g e 20~18-23)lnvestigator Larremore was asked if the location of Forest Meadows wasdiscussed at the briefing. He stated, "I think it was. I cant - 1 remember theWalmart being discussed. I dont remember when it was decided it was one orthe other. I just remember when we left the station, we went to Forest Meadowsand thats what I had in my mind that we were going to." (page 25:14-22)lnvestigator Larremore was asked at what point his team realized CI RachelHoffman was not going to make it to the park. He stated, We heard the radiotraffic that she turned off at the baseball fields, and then heard traffic that shewas turning back on to Meridian and should be coming in within a minute or two.And then a minute or so after that, somebody, I dont know who; asked over theradio do you see her in the parking lot yet? And we didnt see her. And I knowwithin our car we kind of started discussing where do you think she went, I dontknow. I dont know."And then thats when we heard Pender on me radio when Pender said she is onGardner Road and he didnt have a wire and then she wasnt answering. Then itwas quite obvious at that point. But we started wondering when he asked, didanybody see her turn in yet. And I had been looking at the entrance and had notseen her. So right about that time." (page 32:6#lnvestigator Corey Hale:On August 12, 2008, lnvestigator George Creamer, Jr. conducted a tapedinterview in the Legal Conference Room with lnvestigator Corey Hale afterbeing advised of his OathIPerjut-yWarning and Police Officer Statement ofRights. Sergeant Sam Gereg was also present as lnvestigator Hales P.B.A -- 1.1. # 08-21 Page 28 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Representative. lnvestigator Danielle Davis and Court Report Sandi Nargiz were also present. lnvestigator Hale has been employed with the Tallahassee Police Department as an officer for approximately 7 years. He has been assigned to the Special Investigations Unit (Vice) approximately one year. As part of his assignment he has had training in basic narcotics investigations, undercover work, and domestic marijuana interdiction. lnvestigator Hale explained the process of documenting a confidential informant (CI). He was asked what kind of background information is collected on a CI. lnvestigator Hale stated, We make sure they have a drivers license - I mean, its not necessary to have one, but that obviously makes it easier if they have a valid drivers license, they can drive themselves to the station and they can come and go to the suppliers residences without one of us having to drive them around. We also do a local background check as far as their criminal history. We also go to teletype and run them through a criminal history check through FCICINCIC which would see if they have any criminal history in other states or other counties in the state of Florida, if the! any outstanding warrants, anything of that nature." (page l3:13-25)I Investigator Hale was asked if the CI being in the Drug Court program was an issue or concern. He stated, "That - I know you are asking because Willie Meggs made a big deal about it on the news. There is nothing in our policy or working procedure that says we shall or should get approval from the State Attorneys office to work someone who is in Drug Court. Drug Court basically is pretrial intervention. So they are not on any kind of, as our policy states, probationary status." (page 14:3-10) lnvestigator Hale was not familiar with the conaltlons of the Drug Court program. He was asked if there was a condition of the Drug Court program that the C1 would be violating should helshe participate in an operation, would that be an issue. He stated, "Yes, we would probably clear it through whoever is assigned, probably Owen McCaul, he does a lot of the Drug Court stuff." (page 16:ll-13) Investigators Note: The following are the standard conditions for the Drug Court program according to Assistant State Attorney (ASA) Owen McCaul. These conditions are listed on the Drug Court agreement and acknowledged by all participants in the program: 1. The Defendant agrees to enroll in the Leon County Drug Court Intervention Division and comply with all conditions imposed as a part of such treatment under the rules and regulations of the program. The Defendants participation i n the program shall be for a minimum of twelve (12) months and a maximum of eighteen (18) months, unless 1.1. # 08-21 Page 29 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT otherwise ordered by the Court. The Defendant will be required to pay costs of $50 a month. The Defendant agrees to refrain from the possession andlor usage of Illicit drugs, to refrain from the consumption of alcoholic beverages, and to refrain from the commission of any misdemeanor or felony offenses throughout the pendency of this case.The Defendant agrees that, during participation in the program, the Pretrial lntervention Officer or the Court may require from the Defendant samples of breath, urlne andlor blood for the purpose ofdetermining whether the Defendant has used Illicit drugs andloralcohol. The Defendant shall not refuse any attempt by the treatmentstaff to extract a breath, urine or blood sample for the purpose ofdetermining compliance with the requirements of the Leon CountyFelony Drug Court lntervention Division. However, such samples willnot be used as evldence against the defendant on the current drugoffenses charged.The Defendant hereby stipulates to the validity, accuracy and mannerof testing pertaining to tests performed on breath, blood andlor urinesamples. The Defendant hereby waives any right or claim to challengethe extraction, chain of custody, and testing of the breath, blood andlorurine sample, and waives any right to a hearing on such issues.The Defendant agrees to appear in court before the Leon County FelonyDrug Court Division judge on a monthly basis, or as othewise orderedby the Court.The Defendant consents to communication between the Drug TestingCenter, the Drug Court judge, the Drug Court prosecutor, defenseattorney, and Drug Court pretrial intervention officer in order to informthe court and all other named parties of hislher eligibility andloracceptability for substance abuse treatment services and hislhertreatment attendance, prognosis, compliance and progress inaccordance with the Drug Court programs monitoring criteria.The Defendant agrees to speak freely with the Drug Court judge abouthislher treatment and substance usage, with the understanding thatsuch statements made in Leon County Felony Drug Court InterventionDivision will not be used as evidence on the current drug offensecharged.The Defendant agrees to waive all rights to speedy trial under the laws,constitutions, and rules of the State of Florida and the United States ofAmerica during the period of the diversion of this cause.The Defendant agrees to refrain from violating any law.Cost of Supervision is waived by the Court, until a specific order withrespect thereto is entered in such case.The Defendant will work diligently at a lawful occupation, or attempt tosecure employment unless helshe is enrolled as a full-time student.Employment is to be verified by pay stub and school status is to beverified by report card or written documents. 1.1. # 08-21 Page 30 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS U N I T 12. The Defendant will make himselflherself available fur m e services for the Leon County Felony Drug Court Intervention Agreement Program by reporting in person to hislher Probation Officer on a monthly basis as directed. 13. The Defendant will truthfully answer all inquiries b y hislher Probation Officer and agrees that the officer may visit hislher home, or school, without prior approval and will comply with all instructions he or she may give. 14. The Defendant agrees to enroll i n and attend an approved educational andlor vocational training program if deemed appropriate. 15. The Defendant will not own, possess, or carry any fireann or other types of weapons. According to lnvestigator Hale, the unit supervisor is kept informed about Cis by the case investigator. He was asked if he would inform his supervisor should one of his Cls break a rule. He stated, "Yes." (page 18:24) lnvestigator Hale was asked what actions from a CI would cause him to stop using the CI. He stated, "Unreliability, putting themselves or others in jeopardy, giving false information that we know was false. Weve actually bypassed several Cis for unreliability. We had some commit perjury in court, courtroom testimony. Obviously thats going to disqualify them from being an informant. Just variousI things of that nature." (page 19:l-7) lnvestigator Hale was asked if a CI were to disclose their status as a CI to a potential suspect and spoke to suspects outside his control and against his advice, would this cause him to cease use of the CI. He stated, "It just depends. It would be on a case-by-case basis. Who they told. Like oftentimes we tell them not to tell anyone, but they tell their parents." (page 19:13-16) lnvestigator Hale was asked if it were appropriate for one CI to pay another C1 to work for the Vice unit and for that work to apply to the first Cls substantial assistance. He stated, "I can see where that would be a problem, but I dont necessarily think it would be wrong." (page 27:7-8) lnvestigator Hale was present for the search warrant at Rachel Hoffmans apartment, 2626 East Park Avenue, on April 17, 2008. He did not hear the interview of Rachel Hoffman by lnvestigator Pender where she requested to be a CI. He did recall Rachel Hoffman requested to keep some of her drug paraphernalia. She claimed that if a potential supplier came to her apartment it would look suspicious if she didnt have any drug paraphernalia. lnvestigator Hale was requested to assist in the May 7, 2008 operation. He was assigned to the block team with investigator Rey Finales. lnvestigator Hale did not recall any of the Drug Enforcement Administration (DEA) Special AgentsI attending the briefing. He also recalled Captain Connell and Sergeant Looney 1.1. # 08-21 Page 31 of 199
  • TALLAHASSEE POLICE DEPARTMEN I INTERNAL AFFAIRS UNIT being in attendance. lnvestigator Hale could not recall seeing Lieutenant White at the briefing. lnvestigator Hale was asked whose responsibility it was to keep eyes on CI Rachel Hoffman. He stated, "Investigator Pender was the monitor unit and it was his responsibility for that." (page 48:15-16) lnvestigator Hale was asked what would happen should contact be I Investigator Hale stated Forest Meado was not disc:ussed at the briefing. The NS first he heard of the change in location was when he was heading towards Sumrnerbrooke on North Meridian Road. lnvestigator Hale did not know who changed the location or who approved the change in location. He and lnvestigator Finales were the first to arrive at Forest Meadows. lnvestigator Hale was asked if he recalled Vice Standard Operating Procedures lnvestigator Hale stated, "Not specifically that I recall. I am sure there may be some but as a working practice you generally have it cleared through your supervisor and make sure he is okay with it." (page 56:23-57:l) lnvestigator Hale and lnvestigator Finales arrived at the park approximately 5 minutes before the next vehicle. They observed a vehicle, gray BMW, matching the description of the suspect vehicle pull into the park. lnvestigator Hale stated, Well, I was on the north end of the park and it came in and did not come north, so I assumed it had to be either at the very - at the middle of the park or on theI south side of the parking lot." (page 57:14-17) Investigator Hale did not observe the occupants. 1.1. # 08-21 Page 32 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT lnvestigator Hale was asked if the arrival of the vehicle gave him concern to ensure the suspects had not set up counter-suweillance. lnvestigator Hale stated, "I dont know who determined the location. So if it was something we - determined, we were there as soon as I was there as soon as Miller or as soon as Pender said." (page 58:24-59:2) lnvestigator Hale was asked if it was his understanding that the Vice Unit set that location, that he had no reason to believe the suspects had set the location earlier. He stated, "Right." (page 59:6) lnvestigator Hale was asked at what point his team realized CI Rachel Hoffman was not going to make it to Forest Meadows. He stated, "I guess it would be several moments after he said that she was coming out of the other entrance and then we never saw her come. At that point, Pender stated that he was trying to get her on the phone and reestablish contact with her." (page 60:18-22) lnvestigator Hale was asked what their response was to this news. He stated, We stayed in position because typically Cls make wrong turns all the time and,I they come around and go in the right spot. So we stayed in the right spot. So we stayed in position assuming that she would come back." (page 60:24-61:2) lnvestigator Hale was asked if he believed someone still had eyes on CI Hoffman. He stated, "I figured someone did." (page 61:5) lnvestigator Hale stated they left the park when lnvestigator Pender relayed that CI Hoffman was now on Gardner Road. He was asked if he knew where Gardner Road was located. He stated, "lnvestigator Finales, who was in my vehicle, did.. I was not familiar with Gardner Road myself. But he knew where it was, so I was glad to have him in the car." (page 61:15-18) . lnvestigator Rey Finales: On August 12, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with lnvestigator Rey Finales after being advised of his OathlPerjury Warning and Police Officer Statement of Rights. Sergeant Sam Gereg was also present as lnvestigator Finales P.B.A Representative. lnvestigator Danielle Davis and Court Reporter Sarah Gilroy were also present. lnvestigator Finales has been employed by the Tallahassee Police Department for approximately 7 years. His current assignment is as a K-9 handler with the Special Investigations Unit (Vice). lnvestigator Finales has been assigned to this position since March 3,2008. 1.1. # 08-21 Page 33 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT lnvestigator Finales provided a description of the process for enlisting a confidential informant (CI). He was asked what background checks are done prior to approving a CI. lnvestigator Finales stated, "I ran the CI, I ran him all the way Florida, NCICIFCIC; an indictment check, make sure they dont have any open cases and I ran him locally, make sure they didnt have anything outstanding." (page I 1:5-8) lnvestigator Finales was asked if pretrial intervention programs are an issue. He stated,-"lm not sure. I probably would have to ask somebody about that." (page 12:l-2) lnvestigator Finales was asked what WUUIU cause him to stop using a CI. He stated, "One, lie to me about something. If they were lying to me, it would prove they would be unreliable, if they wouldnt call me, you know, if they got arrested for a violent crime or something like that, I wouldnt use my CI." (page 13:6-10) lnvestigator Finales was asked if he would dismiss a CI if they disclosed their status as a CI to a suspect they were working and spoke to other suspects outside his control and against his advice -"7stigator Finales stated, "I probably would." (page 13:22)1 Investigator Finales was asked if he allowed the CI to control the price and conditions of the deal. He stated, "Only if theyre very familiar with who theyre dealing with, as far as, you know, they always buy this amount from this person for a certain price. In that aspect, if its somebody they deal with regularly, you dont want to change what theyre doing because it might make somebody suspicious, well if he just ordered $1500 worth of drugs and only buys $200 of it, things like that." (page 15:9-I 6) I gave lnvestigator Finales an example where a CI pays a second CI to work for Vice in exchange for the second Cls work to count towards the first Cls substantial assistance. He was asked if he would need to consult with someone in that situation. lnvestigator Finales stated, "Yeah. I wouldnt know the answer to that. Thats way above my level." (page 17:14-15) lnvestigator Finales was asked to describe what is included in an operational plan. He stated, When you do an ops plan, its basically just to get everybody up to speed on the case, give them background on how you got to where you are at this moment of having a search warrant. When I did my briefing I provided them photographs of the residence that I took, 1.1. # 08-21 Page 34 of 199
  • TALLAHASSEE POLICE DEPARTME,, , INTERNAL AFFAIRS UNIT know, what I did to get probable cause on the residence. 1 didnt use any CIS or anything like that to get to my plan. "Then I just briefed everyone and, you know, maae sure IT I Knew if there was weapons in the house or dogs and things like that. And then 1 enlisted people I was going to use, which changed from my original plan, because you dont know exactly who is going to be here until that day sometimes. So people, positions might change and what their roles are." (pages 19:7-20:4) 1nvestigator.Finaleswas asked if there are contingency locations that are not in the operational plan. He stated, "Yeah. There has been a couple times where - where the tocation has been changed, and it wasnt originally on the ops plan. And then at that time it was just up to the sergeant at the time said, yeah, lets go, or, no, lets not do it." (page 21:13-17) lnvestigator Finales was asked who had the authority to change an operational plan once it is in motion. He stated, "Any one of those - the investigator can change it, the sergeant, the lieutenant or the captain. If anybody sees anything - wrong even other officers or other investigators, if you present your ops plan, theyre like, maybe you shouldnt do that, because thats not safe, yeah, you go ahead and fix it." (page 24:13-18)J lnvestigator Finales stated he heard about the May 7 , 2008 operation the same date it was scheduled. He did not participate in the planning leading up to the operational briefing. lnvestigator Finales was assigned to the block vehicle along with lnvestigator Hale. He stated, We were oin to -when we had our original assignments, we were going to find 9 There is an area out there for the plane to see kind of where the house was. But on the way there we ended up having to go to the park, because the deal had changed to the park location. So we were just in the park watching for a silver or gray BMW." (page 31:9-I 5) lnvestigator Finales was asked who approved the operational plan. He stated, I think it was Sergeant Odorn, and then Lieutenant White. I dont know how far up it went from there. I know with the amount of money we had, it had to go all the way up to the deputy chief." (page 27:25-28:3) lnvestigator Finales was asked if he attended the briefing. He stated, "Iattended bits and pieces of it, because 1 went to go make copies of the money." (page 28:5-6) lnvestigator Finales was asked if he knew what assignments the Drug Enforcement Administration agents were given. He stated, They were there to keep surveillance, some of them. They would have somebod I mean I dont know what all their assignments were. But we w e r e - several locations, and were all trying to watch different places." (page 30:lO-14) lnvestigator Finales was asked who was assigned to watch CI Rachel Hoffman. He stated, "I would say the investigator, whoever is behind the car, Pender at 1.1. # 08-21 Page 35 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT some point. And then as you move though a rolling surveillance, another person might pick up the vehicle. So its a fluid - its a fluid thing. So you might have an eyeball for a couple of minutes, and then you get stopped at a red light, somebody else might pick up surveillance." (page 32:14-20) lnvestigator Finales was asked what safeguards were discussed at the briefing should a robbery occur or a violent encounter. He stated, "I wasnt there at the end of it, so - from all the ones Ive been to, thats always -.I1 (page 37:7-8) He case of a violent encounter. He stated, "Im not sure. But if there was a violent encounter, those would be the people to have there. But I dont know if that was their-."(page 37:18-20) lnvestigator Finales was asked if any pre-surveillance was done on Forest Meadows. He stated, We were the first persons to get there. And we already knew what the suspect vehicle was. So me and Corey drove through the parking lot." (page 38:14-16) He was asked if he drove through the entire parking lot. lnvestigator Finales stated, "Yeah. Where we were, you pretty much have to I drive the whole are to get to where we parked. And we didnt see anybody, you know, matching the description of the one suspect that we knew. We knew there would be two black males. But we didnt see anybody fitting those descriptions or any vehicles. So, you know, we understood that we were the first persons there, and there wasnt any suspects present." (pages 38:18-39:l) lnvestigator Finales stated that he and lnvestigator Hale observed a silver BMW pull into Forest Meadows after they arrived. From their position they could not see where the vehicle went after entering the park. They notified the other teams that a possible suspect vehicle was in the parking lot.. They turned surveillance of the suspect vehicle over to lnvestigator Miller and his team. lnvestigator Finales was asked at what point did he realize C Hoffman was not I going to make it to Forest Meadows. He stated, "Once they told us that she didnt turn in to the park, 1 didnt know if she was going to go turn around. Im not listening to whats going on, so I have to rely on what other people are telling us; in that case, what Pender was telling us." (page 40:15-19) lnvestigator Finales stated, "At that point where they said that they lost her, and then they told us right away that they heard mention of Gardner Road. And thats when all of us left the park and started driving towards Gardner." (page 41:2-5) Officer William (Bill) Hurlbut:I On Wednesday, August 13, 2008, at 1:09 PM, Investigator Danielle Davis conducted a taped interview with Officer William (Bi1l)Hurlburt in the Legal 1.1. # 08-21 Page 36 of 199
  • TALLAHASSEE POLICE DEPARTML. INTERNAL AFFAIRS UNIT Conference Room of the Tallahassee Police Department. Also present in the room was Internal Affairs Investigator George Creamer Jr., PBA Representative, Sergeant Sam Gereg and Court Reporter Mrs. Sarah Gilroy. The MemberMlitness Administrative Rights and OathlPerjury Warning form was read, affirmed, and signed b y Officer Hurlburt. All parties present witnessed the form. Officer Bill Hurlburt has been employed by the Tallahassee Police Department for twenty-six years. He has been assigned to the K-9 Unit for twenty years. Officer Hurlburt advised he was working on May 7,2008. According to Officer Hurlburt, he started assisting the Vice Unit around teDrUary or March of this year on a temporary duty status as their K-9 handler for drug detecting. The Vice Unit did not have a drug dog at the time; the previous dog had been retired. While the new dog was being trained, Officer Hurlburts primary duty was to serve the Vice Unit. Officer Hurlburt advised he did not assist with the search warrant serveo at Ms. Hoffmans residence on April 17, 2008. He first unknowingly heard of Rachel a Hoffman tow rd the end of April for the operation at the , which did not u b l ~ ~ ~ Hem * . t ~ said h e e - I involved was for the May 7, 2008 operation. He then realized the two operations were connected. On Wednesday May 7, 2008, Sergeant Looney contacted Officer Hurlburt and requested he participate in a vice operation that evening. Officer Hurlburt advised he did not assist lnvestigator Pender with preparing for the operation. Officer Hurlburt attended the briefing for this operation and recalled the Vice Conference Room being full, standing room only, and into the hallway. He stated, "The Vice, both interdiction and long-term unit were both there. Sergeant Looney, Lieutenant White, Captain Connell and there were also DEA agents there; Lou Andris, Jimmy Harley and several other DEA agents, and- (Page 11:5-14). Officer Hurlburt advised he believed the DEA agents involved were responsible h r assisting with surveillance around the intended sites and providin- Page 11:20-24). He stated, "There was mention of the suspects house or residence up in the subdivision off of Thomasville Road. The Forest Meadows site, there was an alternate site of the Wal-Mart on Thomasville Rnad in the 5000 block, the connection to the nursery on Meridian Road," (Page 1 6)- When asked if Forest Meadows was discussed at the briefing, Officer Hurlburt advised he was unsure if Forest Meadows was specifically discussed. HeI advised he misplaced his operational plan from May 7h operation in his patrol cruiser. He was sure Wal-Mart was discussed. When his attention was directed 1.1. # 08-21 Page 37 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT to his supplemental report dated May 8 2008, which advised on page 2, "the locations for the buy-bust were to b e o r the Forest Meadows Recreation Center (with a back-up for Wal-Mart)," Officer Hurlburt advised he would have to go with what he wrote after the incident. Officer Hurlburt said he did not believe Investigator Pender gave "a lot" of background on Ms. Hoffman at the briefing. He advised, "I believe that my memory has been dirtied by or - - all the press reports that Ive been reading. I cant recall specifically what said, other than that the source had brought fotward the two suspects from. " (Page 139-13). Officer Hurlburt was asked how the operation was to take place. He answered, - "The source was to - arranged for the purchase of a quantity of ecstasy and cocaine powder, that the - - and then during the briefing it came up about that a gun was also to be purchased. The -- I thought it was a little unusual that the captain was there for the briefing, and then I learned about the quantity of cash that was being involved; therefore that required his involvement in getting the cash out. The source was going to be wired, which was normal. And then when the exchange was made, then we would be going in to make the arrest right - afterwards," (Page 7 3:17 Page 14:4). 1 Officer Hurlburt agreed it was unknown at the time of the briefing where the operation was to take place. He said it was subject to the telephone calls to be made. "Many times your desired location is changed by the bad guys, and so you have to be flexible to move to alternate locations within an area thats up until the point that you finally say, this isnt going to go today," (Page 14512). When questioned about why he found it rare the captain was present, Officer Hurlburt stated, the captain has come for other briefing but he was present for this entire briefing. Officer Hurlburt affirmed he has attended a lot of briefings in his years of service. He recalls the lieutenant normally being the highest-ranking person present. When asked if lieutenants go out during operations in the field, he answered, "yes" (Page 15:l-3). Officer Hurlburt was asked if Lieutenant White went out during the May 7, 2008 operation. He replied, "I believe that during the - - she indicated she would be monitoring it, but not present on scene or in the immediate area, that she would be monitoring it by radio," (Page 754-9). According to Officer Hurlburt he was present for marked support and K-9 immediate response. He said he was to be close but not close enough to "spook anyone. When asked if its his understanding the operation plan should include all theI relevant information, Officer Hurlburt stated, "An operational plan should include all the potential knowledge about your suspects, the -- - there are variable that - - .- 1.1. # 08-21 Page 38 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITsuch as location that sometimes cannot be fully planned for, if it moves from onelocation to another during the phone call exchange, the dance that happensbefore the incident actually takes place. There are times that operations Ivebeen involved in have been called off because they moved beyond theparameters that were planned for in the initial. The written plan sometimes hasnot always included everything, because other information has come up since --the plan was written down that has come up to and thus its just given verballyat the briefing," (Page 1325 - Page 16:14).Officer Hurlburt said he was a fittle questioning about the gun being brought intothe plan. "That was not covered in there, but then again, one has to be flexibleon these things in terms of response. I believe that the information I noted on mynotes before I got my hands on a plan in the briefing was that we were going tobe targeting one name- and one named -with not a lot of informationpotentially available on them, and that they potentially were going to be in a redCherokee," stated Officer Hurlburt, (Page 17:6-13). Officer Hurlburt said he wasnot concerned about not knowing the identity of the suspects. He called it avariable to work around.According to Officer Hurlburt, after the briefing was over he left the building andmonitored the radio traffic. He recalled, "...I think it was after I left the parking lotand was headed up Thomasville Road that the site wasForest Meadows at that point that it wasnt going to be thegoing to be t &) o s h -h ue that it was going to be aSo I monitored how the units were setting up in that area and decided to go toMaclay School and tuck in there. I tucked in at the north entrance off of MeridianRoad so that I wouldnt be seen, but would still have a quick pull-out into goingwith traffic to get up that way," (Page 18:14 - Page 19:ll).Officer Hurlburt advised the only concern he had about doing the operation atForest Meadows was the northbound traffic being a hindrance to response. Hethen advised if someone ran it was good for him because he was familiar verywith the area, and he could track the suspect easy. He said the area is was onehe and his K-9 partner trained.Officer Hurlburt was asked what occurred after he and the other officers went totheir positions. He advised there were radio transmissions and telephone callsgoing back and forth from the source and the "bad guys". He recalled aninvestigator in an unmarked vehicle identify a potential suspect vehicle inside the -park. He stated, "The - then there - - as the source came into the area, therewas some confusion. The source evidently turned off into the soccer - the -soccer-baseball fields just to the south of Forest Meadows and the - was -passed off by the units following her and wasnt picked up then as a result by theunits sitting already in place in the Forest Meadows parking lot. And then the - -then the - - so there was - - nobody had eyes on her at that point. Then the --somebody reported that the source was pulling back out into traffic. There was - - 1.1. # 08-21 Page 39 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT- -- and I believe Pender was trying to get back hold of the source, and the there --was nobody still had eyes on her at that point," (Page 20:15 - Page 21:4).Officer Hurlburt said Investigator Pender "expressed some frustration" in notbeing able to get a hold of the source (Ms. Hoffman). (Page 21:5-7)According to Officer Hurlburt, Agent Andris advised that he saw a BMW backedinto the garden center with two guys, and based on the descriptions, he felt theywere the "bad guys." "And then Pender reported that she was headed up northtowards Gardner Road. I was at that point pulling up on my map, my GIs mapwhere the new area was," stated Officer Hurlburt (Page 21:3-16). I"Pender radioed out that she had -- was now following the bad guys, that theypulled out in front of her and were following them down Gardner Road. And atthat point Pender gave an order over the radio to all units, respond to that area,find and intermpt immediately the operation, that it had gone beyond - - sincenobody had eyes on her at that point, immediate response up that way," citedOfficer Hurlburt (Page22: 2-9).When asked who was following Ms. Hoffman, Officer Hurlburt answered, "I -couldnt - I know there was a least two units involved. Based upon the radiotraffic, I felt there was at least two units. I thought one of them was Pender. The -other one was a voice that I couldnt - didnt recognize. It may have been oneof the DEAs; Im not positive. I just didnt put a name to the voice," (Page 22:24- Page 23:5). Officer Hurlburt advised no one watching Ms. Hoffman would bean automatic end to the operation. He stated, "You - - its my understanding youwant to have eyes on the entire time that the C1 is out and about, yes," (Page23:6-11).Officer Hurlburt was asked when did he Know Ms. Hoffman was not going to beat Forest Meadows and there was trouble. He replied, What I perceived to bethe wrong turn off of Meridian, and there was - - the pass-off by the followingofficers, and then it became somewhat clear to me that she - - another visual hadnot been picked up once she entered whatever parking lot she had turned into. Iwas thinking it was the-- because of the lack of eyes getting back on her, 1 wasthinking that she had turned into the ball fields to the south, because thats acommon mistake people made - - make who are unfamiliar with the area whentheyre headed to the Forest Meadows is the first thing they do is turn into thoseball fields and go, wrong turn. And they pull back up and go to the real ForestMeadows. So thats what I was thinking," (Page 23:19- Page 24:8).Officer Hurlburt could not say specifically, but thought there was at least oneradio transmission inquiring about whom had eyes on Ms. Hoffman. He did notrecall who made the inquiry. When asked if he heard an urgency, "we need toget eyes on her, where is she at? Officer Hurlburt replied, "No." He then stated, -"The true urgency came up when - or I could hear it in Penders voice when she - .- 1.1. # 08-21 Page 40 of 199
  • I TALLAHASSEE POLICE DEPARTME - INTERNAL AFFAIRS UNIT indicated -- some one of the units indicated she was pulling back out of the parking lot and headed back up Meridian. And Pender was trying to shoot her another phone call and apparently not being successful. Then I heard that in Penders voice at that point, that he was concerned that no one was behind her coming out back onto Thomasville - - I mean Meridian Road traffic. If I said Thomasville Road, I meant Meridian Road," (Page 24:20- Page 255). Officer Hurlburt affirmed he pulled up Gardner Road on his map and began zooming in for landmarks and street names. When lnvestigator Pender advised everyone to "go" to Gardner Road he went. He advised he was not the first officer to arrive at Gardner nor was he the last. Officer Hurlburt made mental notes of the things he saw such as the construction, circular road, and stirring up a lot of dust. "...I recall then when I came onto Gardner Road there was no dust. So I eliminated that. Other people wanted to search it more. But I radioed that when I had come onto Gardner, there was no dust coming off that road, and there still should have been dust. It was very dry conditions and red clay," stated Officer Hurlburt (Page 26:2-7). Officer Hurlburt and the other officers on scene searched for Ms. Hoffman. Officer Hurlburt later found evidence on Gardner Road linked to Ms. Hoffman.I The interview was concluded at 1:50 F" lnvestigator Jason Laursen: On Wednesday, August 13, 2008, at 4:75 PM, lnvestigator Danielle Davis conducted a taped interview with lnvestigator Jason Laursen in the Legal Conference Room of the Tallahassee Police Department. Also present i n the room was PBA Representative Sergeant Sam Gereg and Court Reporter Mrs. Sarah Gilroy. The MemberMlitness Administrative Rights and OathIPerjury Warning forms were read, affirmed, and signed by lnvestigator Laursen. All parties present witnessed the forms. lnvestigator Laursen has been employed by the Tallahassee Police Department for approximately ten years. He has been a member of the Career Criminal Unit (CCU) for over three years. When asked what job training he has received for his assignment, lnvestigator Laursen advised he is a member of the TAC (Tactical Apprehension and Control) Team. He has been trained in less lethal defensive tactics, defensive tactics, firearms and other techniques for investigations. Prior to going to CCU, lnvestigator Laursen was a member of the Vice and Narcotics Unit for two and a half year lnvestigator Laursen advised he was unable to pan~c~patethe operation, which in was scheduled for April 22,2008. He heard about the operation and that was his first recollection of Ms. Hoffman. 1.1. # 08-21 Page 41 of 195
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT lnvestigator Laursen was asked questions related to probation, parole and Dnrg Court due to his past experience in the Vice Unit. When asked, "From what you know about Drug Court, do you think that that would be an issue for the Vice Unit?" He replied, "I mean, it depends. I can understand from the perspective of - - the judge or - that they did not want - the idea is for rehabilitation, I suppose, in Drug Court, almost like - - I dont want to say diversionary program, but something like that. And I could see where the judge or whoever is their supervisor would want to know that these people are involved in something. I dont know that it would exclude them," Page 12:9-20). He then added, "And I dont know that it would get them kicked out of Drug Court and get their new charges put on them," (Page 12:22-24). When described the following scenario, "You have a confidential informant you just met with and completed a CI packet. The CI tells you who their supplier is. You and the confidential informant have a preliminary discussion on a deal to arrest the supplier. The next day the confidential informant comes to the police station with the supplier. Would you continue to use the CI?" lnvestigator Laursen answered, "Personally? I probably would not," (Page 17:14-23). The scenario continued, "The supplier wants to be a confidential informant also. He wants his substantial assistance to be credited toward the CI and receiveI financial assistance. Would you be okay with that? He replied, "It depends on what they could do," (Page 17:24 - Page 18:4). When asked, You decide, no, Im not giving you any financial assistance. But the CI says, wait, I will pay him. Im going to pay him for giving --for his work being credited to me. Would you be okay with that?" He responded, Thats - - 1 mean, thats almost our of the realm of what I would deal with. I mean, Ive never dealt with that specifically. I know its a scenario. If I knew about it and knew that that was there, I probably ." would not deal with the CI.. (Page 18:5-14). lnvestigator Laursens attention was directed to the May 7, 2008 operation. When asked if contingency planes were set up for the buy-bust operation, lnvestigator Laursen advised the plan listed a vehicle takedown and a search warrant (anticipatory search) at the house. lnvestigator Laursen advised there was a plan if a robbery or a kidnapping was to occur involving Ms. Hoffman. He stated, "I dont recall if it was at the briefing itself or afterwards. I know I spoke with Captain Connell in reference to that," stated lnvestigator Laursen. "The tools that 1 brought with me kind of make that evident. I had flash bangs, shield, machine gun, you know, et cetera with me. I was told by Connell that if something were to happen, a violent forcible felony in the house, if it were to happen at the house in Summerbrooke, that he would give us tactical control over the situation, be monitoring it and try to do that over the radio," cited lnvestigator Laursen (Page 29: 8-15). lnvestigator Laursen advised he would probably be lead if things went bad. He said, "Thats what I was told," (Page 29:16-l8). 1.1. # 08-21 Page 42 of 199
  • AHASSEE POLICE DEPARTMEINT INTERNAL AFFAIRS UNIT -continued, "So letting him choose that, it doesnt really affect us. Its kind of like,you know, weve dealt with that before, and weve done it before. Everybody -most of the people that have been there have actually taken down somebody atthat lot before. Thats not really an issue," (Page 32:8-13).lnvestigator Laursen advised counter surveillance is an issue-with these types oflnvestigator Laursen advised his sergeant, James Fairfield, notified him about theoperation on May 7, 2008 a few hours before it was scheduled to go. He did nothave any involvement with the planning of the operation. He recalled CaptainConnell, Lieutenant White and Sergeant Looney being the supervisors presentfor the briefing.lnvestigator Laursen said from his experience the captain and lieutenant of theVice Unit did not go out on operations. The lieutenant of the unit during histenure was now retired lieutenant, Mark Harvey. He did not know why LieutenantWhite did not go out for this particular operation. lnvestigator Laursen believesthe case agents run the operation and the sergeant and/or lieutenant can "trump"the decision he or she makes (Page 36:2-9). lnvestigator Laursen advised Vicework is very fluid.According to lnvestigator Laursen one suspect was identified at the briefing andthe other was not. He did not know the role of the DEA agents present.lnvestigator Laursen said he was assigned to Arrest Team #2 and he wasfocused on his job for the operation. He was not worried about the roles ofothers. He stated, "My job was to take down suspect vehicle. Im arrest team #2for Forest Meadows, if that were to occur in the parking lot. My job also was tobe part of the entry team, if a search warrant were to occur. And if a robbery orsome forcible felony were to occur in the house, I was going to take tacticalcontrol of the situation and go in at that point," (Page 37:21-Page 38:?According to Investigator Laursen, Forest Meadows was discus : thebriefing. He recalled the Wal-Mart on Thomasville Road being the originallocation but it changing to Forest Meadows after the briefing. He advised, "...itwas all understood we were going straight to Forest Meadows," (Page 38:13-15). 1.1. # 08-21 Page 43 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT lnvestigator Laursen said it did not matter to him if the operation occurred at either the Wal-Mart or Forest Meadows. He did not have an issue with it. "Everywhere that we do search warrants -- buy-bust, you know, you have an opportunity for children and people being present. You know, if you pick Forest Meadows out near the tennis courts, maybe people playing tennis, but there is an eight-and-a-half-foot, 10-foot, 12-foot fence between you and them, and, you know, youve got a playground there, its no different than a Wal-Mart that has a childrens section or something where there is multiple people going in and out," (Page 39514). lnvestigator Laursen was asked what happened after they left the station. He advised they got to Forest Meadows and two of the other teams were present. He did not recall any pre-surveillance conducted at Forest Meadows Park, where someone was sent directly after the briefing to get there as fast as they could. (Page 43:24- Page 44:l). When asked, who had eyes on Ms. Hoffman, lnvestigator Laursen said he did not know specifically. He said he only knew from what he heard via the radio traffic. From the radio traffic he believed Agent Andris, Officer Pate and lnvestigator Pender. When asked why he believed they were watching her, he stated, "I believe Pender and Pate had eyes originally, and I think the radio trafficI was something along the lines of can you get her; I need to turn this on, or something like that, need to start recording the wire, because we were - they - were getting close to the location, and him specifically asking Lou to see if he can keep eyes on her," (Page 46:14-22). lnvestigator Laursen affirmed he heard lnvestigator Pender ask Agent Andris to watch Ms. Hoffman while he did what he needed to, with the wire. lnvestigator Laursen was asked at what point he knew something was wrong and Ms. Hoffman was not going to make it to the park. He advised he looked at the transcripts when he testified for FDLE and advised it was when, "she missed the turn. She missed the park. Shes off the wire. Did it concern me? A little bit, but not severely because she was not in contact with the bad guys. And you have some control over her if you gave her instruction where to go, and you still were able to get her on the phone, give her further instruction, that type of thing. So it didnt specifically concern me when she wasnt there or even missed the turn, or if she missed the turn the second time after turning in the baseball field. When Lou Andris said he had spotted the bad guys up at the nursery, at that point we knew that the BMW -the car, the suspect vehicle that was in the lot was not our suspect vehicle, not that it wasnt counter surveillance, but its definitely not our suspect vehicle, because now youve got the nursery and two guys standing out of a car that match the description that they gave they would be in. So you have a location thats known and that they were not with her at the time. So that didnt worry me. Looney I think on the radio said that we need to watch those guys and make sure the deal doesnt happen without us, because shes not on the wire. And Lou turned around to try to get those guys. He made a U-turn and then 1.1. # 08-21 Page 44 of 195
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT turned around to look for those guys. I dont know where he made rne u-turn; I dont know if he made it down another side street or right there on Meridian. He said, they didnt go past me; they must have been going southbound. And southbound from that location is towards the tennis court. So, you know, if we missed her coming in, its one thing, or we missed them coming in, or is it still going to take place at the tennis court, because now theyre going southbound, according to radio traffic to the park. At the point where they said its going to happen at Gardner Road, thats when it concerned me. At that point its like, well its not going to happen here; its going to happen somewhere else, and were not there," (Page 47:2- Page 49:l). lnvestigator Laursen said he felt Ms. Hoffman had gotten tu~rleuatound somewhere and the suspects were headed to the park based on Agent Andris statement that they (the suspects) had gone southbound. h e said, "Thats what I felt. Honestly, I felt that she probably missed the turn into the tennis courts, not that we could see the direct - front of Forest Meadows for where we were parked, but we could see that area. We did not see her turn in. But there is another turn after that that probably - I think it goes down to Red Hills, another soccer park thats further down. She could have turned down that road and been lost, as far as Im concerned, and she may have been making her way back up to that location," (Page 49:2-16).1 When asked if he was still waiting at the park when Agent Andris said they were going southbound, lnvestigator Laursen advised he was. He explained, "Right. And the reason - I can tell you the reason I would wait at Forest Meadows Park is, I dont know when they left. Theyre not in the parking lot any longer. Theyre going southbound. If theyre a mile from there, if they left ten seconds earlier, then he got around and theyre gone, they could be near the front of the park. If we were to pull out at that point, we could go head on into them, and there you have four guys in raid vests in a car passing them. Thats just the same thing with counter surveillance that you were worried about burning a CI. Youve just burned that CI, and now the deal is not going to happen. So we maintained where we were, because in my mind I still thouaht it may occur at the ark," (Page 50:5-11). lnvestigator Laursen advised his team exited $11 par r< when they heard Gardner IG Road mentioned. He said he wasnt driving, lnvestigator Greg Tucker was. They headed north on Meridian until they reached Gardner Road. They were the first officers to arrive on Gardner Road. The interview was concluded a lnvestigator Michael Suleski: On Wednesday, August, 13, 2008, at 10:25 AM, lnvestigator Danielle Davis conducted a taped interview with lnvestigator Michael Suleski i n the Legal Conference Room of the Tallahassee Police Department. Also present in
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITthe room was Internal Affairs Investigator George Creamer Jr., PBARepresentative Sergeant Sam Gereg and Court Report Mrs. Sarah Gilroy.The MemberMlltness Administrative Right and OathIPerjury Warning formswere read, affirmed, and signed by lnvestiqator Pender. All parties presentwitnessed the forms.lnvestigator Suleski has been employeu UY he Tallahassee Police Departmentfor over eleven years. He has been assigned to the Vice and Narcotics Unit forapproximately one year. According to lnvestigator Suleski he received trainingrelated to narcotics investigations when he worked for the New York State Police.He also received training while on Patrol and while working in the Sex Crimes,Robbery Task Force and Homicide Units. He shadowed lnvestigator RyanPender for on-the-job training.lnvestigator Suleski advised he didnt have much involvement with hns. nonman.His first knowledge of her was related to the April 22, 2008 operation, which didnot go through. He recalled being on vacation during the timeframe.lnvestigator Suleski was asked various questions pertaining to Vice Unitoperations. When asked specifically if he would continue the use of aconfidential informant who agreed to pay another confidential informant forsubstantial assistance being credited toward them, lnvestigator Suleski stated,"No. There is -- now youre starting to add a lot of things that are mucking thewater bad..." (Page 24:4-15).lnvestigator Suleski asked if "issues" come up with a confidential informant, is thesupervisor made aware prior to the CI packet being signed off on? He advised ifan investigator had doubts, something is wrong or unethical it is brought to thesupervisors attention.lnvestigator Suleski was present for the May 7, 2008 operation. When asked ifall parties involved in the operation were present for the briefing, he advised theVice Unit, DEA and Captain Connell were present for the briefing. He said he didnot see Chief Proctor present. He stated, "...The only one I dont remember is --I know Chief Proctor knew what was going on, because he had to give the -money. I remember - I know someone said he had to get the money. I knowhe knew. 1 dont know if he told Chief Jones. But I know pretty much from theredown," (Page 42:16-21).lnvestigator Suleski did not know whether or not Lieutenant White participated inthe operation. He recalled her on the radio at some point during the operation.lnvestigator Suleski believed the operational plan contained all of the informationhe needed to complete his role. He also felt the operation was organized. Whenasked whom the operational plan listed as responsible for watching Ms. Hoffman,lnvestigator Suleski advised the document didnt say specifically. He said it is -- 1.1. # 08-21 Page 46 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS U N I T understood that the monitor team watches the confidential informant. When asked if it was discussed at the briefing who would keep eyes on Ms. Hoffman, lnvestigator Suleski stated, "Pender said he would follow her- - they were going to make another phone call to have contact with the suspects, and then he would let us know how that phone call went to dictate what scenario we would be we -- would be involved in, and then he would transmit that over the radio," (Page 46: 1-6). Investigator Suleski said he was assign arrest team # and his I focus/responsibility was to arrest the suspects and control the confidential .A -ma-- informant. In the car with him were Sergeant Looney, Investigators Kevin Miller and Vincent Boccio. According to lnvestigator Suleski after his team got dressed and into lnvestigator Boccios vehicle they left the police station. He said, "We got in the car, and shortly after leaving the station, it might have been as we were pulling out the gate or soon aftenwards, thats when we were told where we were going to go," - (Page 48:24 Page 49:2). lnvestigator Suleski said they were going to Forest Meadows. When asked if he knew how Forest Meadows became the target location, lnvestigator Suleski said he assumed it was based on the conversation Ms. Hoffman had with one of the suspects.I When asked if he felt lnvestigator Pender allowed the suspects to pick the (buylbust) location. lnvestigator Suleski responded, "I dont know." (Page 51:l- 3) lnvestigator Suleski was asked how Sergeant Looney reacted to the location changing from the two contingency locations discussed. He replied, "I would -- have to - - and this is I dont remember him particularly saying anything. But I would have to assume that it was okay, because hes been in vice a long time. Hes been on TAC. If he felt something was wrong with it, I think he would have said something. But thats just my opinion and my assumption," (Page 53:3-9). lnvestigator Suleski said he was not concerned when he heard the first officers who arrived at the park had a possible suspect vehicle present. He stated, "No. We were just trying to get eyes on the car, trying to get eyes on the car, looking at it, see what we see inside the car, could we get a tag, that type of stuff," (Page counter surveillance is always a concern. He said he did not believe they were able to get the tag (license plate) from the vehicle because they were worried about moving around and putting the operation and source in jeopardy (Pagei 55:2-6). 1.1. # 08-21 Page 47 of 195
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT According to lnvestigator Suleski he realized something had gone wrong when lnvestigator Pender said via the radio the suspects wanted to follow Ms. Hoffman down Gardner Road and Ms. Hoffman ended her conversation with lnvestigator Pender. Investigators Note: The SI ; wanted Ms. Hoffman t o follow them down Gardner Road. lnvestigator Suleski did not know where Gardner Road was. He then advised there has been a lot of discussion in the newspaper about not knowing where Gardner Road is. "... There is no way that you can know every location inside the city limits. Thats why you have maps - - thats like saying a patrol officer in Charlie District is supposed to know every street in Charlie. Thats just not feasible," said lnvestigator Suleski (Page 57:lO-14). According to lnvestigator Suleski the officers knew within a few seconds where Gardner Road was. According to lnvestigator Suleski, the safety of the c tial informant, all of the investigators involved, the citizens and the suspeci lays a concern. lnvestigator Suleski made an additional statement before the interview was concluded. He stated, "In - Ive been a cop in New York and a cop here. IthinkI this was an operational plan that was put together that was done -- with the information that Pender had, its something that we normally do. Vice work is dangerous inherent in nature. Just like going after robbery suspects or homicide suspects, you never know what ones oersons mind f~ going t ) be," (Fage c 60~7-15). Investigators Note: Please see the official transcrip~tfor the rest of lnvestigator Suleskis closing statement. The interview was concluded a1 Deputy Chief John Proctor: On August 19, 2008, Captain Argatha Gilmore, conducted a taped interview i n the Legal Conference Room with Deputy Chief John Proctor after being advised of his OathlPerjury Warning and Police Officer Statement of Rights. lnvestigator Danielle Davis and Court Report Sarah B. Gilroy were present. 1.1. # 08-21 Page 48 of 199
  • TALLAHASSEE POLICE DEPARTMEwT INTERNAL AFFAIRS UNIT Deputy Chief Proctor has been employed with the Tallahassee Police Department for 27 years. He has management oversight of the Support Bureau and the Operation Bureau. Deputy Chief Proctor advised that he has no specific training in vice and narcotics, but he is familiar to "some degree with the SOPS and the General Orders." The interview of Deputy Chief Procror started with overview questions of operational plans. When asked if he was a part of the approval process for an operational plan. He stated, "in certain situations, yes." He responded, "typically, I am briefed on almost all search warrants which requires an operational plan." He is advised on the general operation and the process, not the "construction or the securing of the CI." (page 9:9-20) Captain Chris Connell, the division commander, provides operational briefing to Deputy Chief Proctor. Deputy Chief Proctor stated, when Captain Connell is not present the person acting in his stead provides the briefing. Those persons who have provided the briefing to Deputy Chief Proctor have been Lieutenant James Montgomery and Lieutenant Mark Wheeler. (page 10:3-10) When asked under what conditions he receives an operational plan briefing, Deputy Chief Proctor stated, "vice does a lot of street operations, they do a lot of1 planning, and they. do a lot of things. Sometimes they create a plan for just a typical buy-bust. They do a plan for a buy-walk. You buy drugs, and you let the person walk, and then you identify them and come back get them later. So, those are fluid." Deputy Chief Proctor said those are the types of operations that he necessarily does not have to know about. He entrusted the division commander to deal with those types of operations and to tell him when the operation is done. He stated, "I give them general guidelines as to making sure that they follow policy, making sure that they have resources to do what it is they do, making sure that its legal, making sure that all of the protocols have been met. Those are the questions I ask." (pages 10:20-25; 1I I 3)- :-1 The next question posed to Deputy Chief Proctor dealt with how does rie receive updates when aspects of the plan change. Examples of updates given were changes in resources, changes in personnel, and changes in location of the operation. Deputy Chief Proctor advised that it depends on the specific case. He stated, "they build them (operational plans) with some leeway to operationally have the ability to make an adjustment because they are fluid." Most updates are given to Deputy Chief Proctor by telephone. (page 12:2-2P Deputy Chief Proctor stated he does not receive long briefings i are an overview of the operation (page 13:l-10). When asked does he receive a written copy of an operational plan that requires his signature, Deputy.Chief Proctor stated, "as it relates to this certain issue that youre talking about (May 7, 2008 Operation Plan), I did not get a written copy, 1.1. # 08-21 Page 49 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT but in most cases I do get a written copy. I dont have to approve it. I give tacit approval by acknowledging that Ive received it and said, okay, this appears fine, based on the information that youve shared with me, and go ahead with it. But in specific, the case that is being referenced here, I did not get a copy of it. l was out that day." (pages 13:23-25; 14:l-7: Deputy Chief Proctor said he never haa ro sign off on an operation plan. He stated most times he gives verbal approval. Deputy Chief Proctor further advised he has made a request that the operational plans be prepared and presented well in advance before the actual operation takes place, "so that we could review it." (page 15:1-5) The questions changed to focus on confidential informants and undercover operations. When asked was he aware of vice operating procedure 10 and provided a copy of Vice SOP 10, Deputy Chief Proctor stated, "I have some ... general knowledge of it, yes in that I dont deal with this on a day-day basis. Its not my specific job. That is why Im saying, I have general knowledge of it." (pages 16:23; 17:3-6) Deputy Chief Proctor was asked, "do you know of any official memorandums or approved practice that overrides Vice SOP 10, allowing an informant to operate without an undercover investigator?" He replic nt know of any nn ?age "J 17:8-I 7) Deputy Chief Proctor said he did not know of any past operations where a confidential informant was used in a buy-bust operation without an undercover investigator with them in the vehicle. (page 17:13-17) According to Deputy Chief Proctor he does not believe that the practice of not formally charging a CI prior to using them as a CI is a Tallahassee Police Department approved practice and if this prac ~eingdone in vice it would cause him concerns. (page 20:12-21) Prior to asking questions about the April 22, 2008 operation plan, Deputy Chief Proctor was provided a copy of the plan to review. Deputy Chief Proctor advised he was aware of the aforementioned plan. He could not recall the specific date or time he was made aware of the plan. He added that he had seen and heard so much about the investigation that it was kind of confusing. He stated that he does not remember when he received a briefing for the April 22" operation plan. He advised it could have been the same day or a day before. He remembered Captain Connell briefed him on the operation. He does not remember who was present with him while he was being briefed. Investigators Note: Deputy Chief Proctor provided information about the April 22, 2008 operational plan. He stated there were concerns about the second person that was not identified in the plan. Eventually, that person 1.1. # 08-21 Page 50 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT was identified as " Deputy Chief Proctor said w a s later identified with his full name. Days later it was revealed that another principal player had not been identified in this operation. He did not know through whose fault, Deputy Chief Proctor said the operation was flawed. (pages 21:7-25; 22:2-7) When asked about the briefing he recelvea rrom Captain Connell, Deputy Chief Proctor gave the following synopsis:" There had been discussions about the April 22, 2008 operation approximately a week before it was to occur. Deputy Chief Proctor was given the impression from Captain Connell vice was working with Drug Enforcement Administration (DEA) and DEA sources in this operation plan. The dates were unclear and the person involved was from Perry. Deputy Chief Proctor said Vice and DEA were going to purchase pills and powder. He did not remember the specific amounts, but Vice needed money to make the purchase. Deputy Chief Proctor recalled this was the first time there was a need to go into the flash fund to provide money for the operation. However, it was his understanding that DEA would contribute money to accommodate this purchase. Deputy Chief Proctor said, knowing that it was a fixed location, he asked the same questions, "safety, resources; i.e. human resources, will the TAC team be needed...l would have imagined I would have said, its in the city, so we had jurisdiction. And thats essentially it." (pages 23:21-25; 24: 1-25; 2 5 1-7)) Deputy Chief Proctor said he approved In. (28:6-10) For the April 22, 2008 operational plan, Deputy Chief Proctor advised he signed out $6,000 on April 16 or April 17. He did not recall if DEA put money with the $6,000. (page 25:21-25) He stated he received a written copy of the operation plan. (page 26525). He was asked if he articulated ncerns to Captain Connell about the April 22 operation? Deputy Chief Proctor stated, Thats a hard question, because I have concerns with every operation. He advised he asks the question, "Have you given it due diligence? They know I ask that. And they typically say, yes, we h ~ / " bage n 2911-13) Deputy Chief Proctor was asked how mucn lntormation was provided to him about Ms. Hoffman. During the April 22 operation briefing, Deputy Chief Proctor advised Ms. Hoffman was not discussed. He further advised he did know about Ms. Hoffman until he was notified she was missing. (page 31 :I-8) Deputy Chief Proctor stated, he never read the May 7, 2008 operation plan (page 31:9-14). 1.1. # 08-21 Page 51 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITWhen asked if he was briefed on the May 7, 2008 operation, he responded,"Maybe my better answer is, that was the day I was out on medical leave. I hada medical procedure done. And the point at which I was briefed that thisoperation was even taking place was when I was called at home. It was a veryshort conversation. I had a medical outpatient procedure done that day. (pages31~17-25; 32:l-3) Deputy Chief Proctor stated that he was called at home approximately 12:OO noon on May 7" Monday or Tuesday before this operation, the Captain just came into my office and said, we are working on an operation that will involve DEA - - this was Monday or Tuesday. I think this event happened on -Wednesday - and that were working on this thing. Were working to pull some -things together, blah, blah, blah -. But he (Captain Connell) called me and said;were doing this operation today. I said, okay, what time? He said, later today.Hes the only person (Captain Connell) 1 talked to about this operation. He said,we need some money. I said, okay, how much? And he told me an amount. Isaid, why do we need that? And I asked more specifically. could this wait untilanother time, because I could not leave my house at that time ...But I asked him,when was it going; he said later in the day. 1 said, well, Ive taken painmedication. And I said, perhaps 4:30 or 5:00 1 could get there. It was aboutnoontime then. It was over-the-counter pain medication...And I told him I wouldtry to get there sometime after 4:OO. And I said, what I told him, because -- Imtelling you, I was in pain. So I told them, please brief Chief Jones about thisoperation. And he said he would. Shortly after 4:00 1 made it to the policedepartment. "(pages 32:17-25; 33: 1-25; 34:l)Deputy Chief Proctor provided information about the processing of the flash fund.The flash fund was the money provided to Captain Connell for the May 7,2008operation. Deputy Chief Proctor stated he was the keeper of the flash fund.(34:2). Deputy Chief Proctor realized that the money ($6,000) from the April 22,2008 operation had not been reconciled. (page 34:7-9) This was taken care ofprior to releasing the funds for the current operation.At approximately 5:00 p.m. Deputy Chief Proctor released the money to CaptainConnell for the May 7,2008 operation (page 34:lO-12).Present in the office to witness the release of the money was Property andEvidence Supervisor Patty Wallace and lnvestigator Ryan Pender. (page 34:12-18)Deputy Chief Proctor advised under the authority of the General Order, he couldrelease the money. Deputy Chief Proctor released $13,000 to Captain Connelland lnvestigator Ryan Pender (page 36:25).Deputy Chief Proctor further advised he reconciled the funds with the memo thatwas presented to him from Captain Connell and lnvestigator Pender (page 35:7) ------ - 1.1. # 08-21 Page 52 of 195
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNI Deputy Chief Proctor stated he told Chief Jones how much money he released for the operation (page 35:24-25). Deputy Chief Proctor advised both he and Chief Jones mentioned, "dont let this money go anywhere. And they said, (Connell & Pender), we got that covered. We will make sure its not out of our sight kind of thing. And Chief Jones said the same thing." (page 36:2-18). When asked who said they would watch the money, Deputy Chief Proctor stated, "I made the reference to the folks that were in the room, and primarily the Investigator, Pender. But Connell was in the room, too. And they both said, the money will be fine." (page 37: 12-20) Deputy Chief Proctor stated he believed both he and Chief Jones asked where the operation was going to take place. They were provided the response of (page 36:13-21) The secondary location was Wal-mart on Thornasville Road. (page 37:l-2) Deputy Chief Proctor stated, "I remember him saying the house. And I had seen -- he may have s d.a- i He may have said Ox Bottom. I think that house is in Ox Bottom or somewhere off of Ox Bottom. So, he may have said Ox Bottom Road or somewhere off Ox Bottom Road, which Im trying to keep separate what I knew then and what Ive come know now. So thats why its kind of fuzzy. I dont want to miss-state anything ...and that if that was not the place that it ultimately went down, that the fallback location was the Wal-mart. And he told me the amount. And thats essentially it. (page 40:3-19) Deputy Chief Proctor stated he asked his customary questions, "Do you have enough people to do what you need to do? Do you foresee any problems? And based on my recollection, he (Connell) allaved any of those concerns" (page 37:4-9) When asked who approved this plan, , he responded, "I would imagine - - I did not see the plan, -a ht - - I hate to make assumptions. But Captain Connell, and Im assuming if he briefed the Chief, the Chief approved it as well. But I had knowledge of it. But 1 didnt say, its a go, like I normally do. I didnt look at it and pour through it like I typically do. (page 38:7- 13) When asked would giving of the money ($13,000) be considered approval of the operation, he stated, "Based on what I knew and based on what was presented to me and based on the Captain indicating that he had briefed Chief Jones, I guess that approved - - that is, to some degree, my approval of it, yes." (pages 38~22-25; 39~1-5)I 1.1. # 08-21 Page 53 of 199
  • TALLAHASSEE POLICE DEPARTME,. I INTERNAL AFFAIRS UNIT Deputy Chief Proctor said the information provided to him at the time he released the money indicated that the operation "would take place on the northeast that it - involved DEA that it involved the purchase of some drugs - I dont remember how much. There was no mention of the lady (Ms. off man) involved." (page 39: 12-22). Deputy Chief Proctor was asked if he received a hard copy of the operation plan. He stated, "I recall seeing one in my door the next day or so, but I never read it. (page 38:4-17) Based on Deputy Chief Proctors supervision of Captain Connell, he felt that if there were potential problems with the operation, Captain Connell would have made him aware. Additionally, he advised in releasing the $13,000 all the particulars of the operation had been worked out. Deputy Chief Proctor stated he never had released that amount of money or more before for any operation. (page 42520) Deputy Chief Proctor stated, "Knowing what I know now, we would not have I done this operation." (pages 42:25; 43: 1)I Deputy Chief Proctor stated, "Knowing what I know about this entire operation and Ms. Hoffman as a CI, I would not have approved in any way, shape or form this operation." (page 44:13-17) When asked would he knowingly approve a buy-bust operation in which a confidential informant operates alone in his or her vehicle, Deputy Chief Proctor responded, "Its hard to answer that question, because again, its dependent on the circumstances involved. The policy indicates - - depending on the circumstances, whether theyre introducing a case agent to a target person that may be acceptable. So, its hard to say yes or no to that question. Deputy Chief Proctor stated the preferable way would have been to have a case agent with Ms. Hoffman (pages 4418-25; 45:l-6). When asked who did he believe was responsible for the control of the confidential informants, Deputy Chief Proctor responded, the person who signed them up. "And certainly from the operational level, both the case agent and the immediate supervisor should have very clear understanding of their capabilities."(page 45:9-2 1) Deputy Chief Proctor was asked to give his expectation of the duties and res onsibilities of each supervisor in the buy-bust operation at the &location. Deputy Chief Proctor responded as follows: "The sergeant should manage and have extreme knowledge or clear knowledge of the operation, should know and have clear understanding of the ability of the 1.1. # 08-21 Page 54 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITcase agent or the investigator thats handling the person, should know what theoperation is, should be monitoring it, should have the ability to call it off, ask foradditional resources. ..they should be in total control of the street level completionof the operation." (page 46:13-25)The lieutenant, to a lesser degree, should have street level control of theoperation. But they certainly should be present." (page 475)"And based on policy, they should be monitoring and subsequently being able toadjust it, call if off, redirect resources, all of those aspects of their duties asdefined by policy. But they should, in my estimation, be heavily involved with theoperation." (page 47:3-11)When asked did he expect Lieutenant White to be on scene of the Hoffman buy-bust operation, he stated, "that is the preferable way of doing one. He stated thathe was made aware that Lieutenant White was not on scene because CaptainConnell was talking to her while he, Captain Connell, was sitting in his office.Deputy Chief Proctor further advised that while he was sitting in his office hereceived a call that it was (buy-bust operation) was underway. After the call,Deputy Chief Proctor did not know the location of Lieutenant White. (page 47:12-25) ie svrDeputy Chief Proctor continued to give hla cA$ectation of the duties andresponsibilities of supervisors at a buy-bust operation. "Captains, to a hugedegree, theyre not necessarily mentioned in the policy, other than theiroversight, to make sure that each of the other levels; the lieutenant, sergeant andcase agent do their functions. But they are oversight and guidance to make surethat all policies and procedures are adhered to." (page 48:2-7)Deputy Chief Proctor stated that he believed portions of the operations wereviolated. He advised they did not follow policy, based on his understanding ofthe operation subsequent to it being underway. (page 48:9-19)Investigators note: Deputy Chief Proctor did not state the portions of theoperation he felt were violated. (page 48:16-19)Deputy Chief Proctor stated he was not aware that the location of the operationwas changed from m n d Wal-Mart to Forest Meadows. (page 49:17-21When asked would he have approved the change in location to Forest Meadows,he responded, "that is not a call that I would necessarily make at my level. I dontlike it as a location, I will say that personally. But the folks on the ground, if theyfeel they have resources, they have eyesight of the person, the ground 1.1. # 08-21 Page 55 of 199
  • TALLAHASSEE POLICE DEPARTMEtvr INTERNAL AFFAIRS UNITconditions, i.e. there are no people around. If its :hey make the call.(page 50:8-17)Deputy Chief Proctor stated, he would not have approved Forest Meadows as abuy-bust operation location..." again, I wasnt on the ground." (page 51:15-21) butInterview concluded at 2:41 PM. 1.1. # 08-21 Page 56 of 199
  • TALLAHASSEE POLICE DEPARTML,. , INTERNAL AFFAIRS UNIT Druq Enforcement Administration (DEAI Special Asent Interview Special Agent Lou Andris: On Wednesday, August 13, ruvo, at 10:07 AM, lnvestigator D a n ~ e ~ ~ e uavls conducted a taped interview with Drug Enforcement Administration (DEA) Agent Lou Andris in the Legal Conference Room of the Tallahassee Police Department. Also present in the room was Internal Affairs Investigator George Creamer Jr., Special Agent- In- Charge Randall Bohman and Court Reporter, Mrs. Sandi Nargiz. The OathlPerjury Warning form was read, affirmed, and signed by Agent Andris. All parties present witnessed the form. Special Agent Andris has been employed by the DEA for ten years. As a special agent he enforces the Federal Controlled Substance Act of the United States. Prior to joining the DEA, Agent Andris was employed by the Tallahassee Police Department for twelve years. Agent Andris believes he has participated in over a hundred buylbust operations. Agent Andris advised he first learned about Ms. Hoffman after receiving a telephone call from his supervisor, DEA Agent Mark Cutcliff, on the afternoon of May 7,2008. When asked what he believed the DEAs role was with this investigation, Agent1 Andris stated, Well, what I thought our role was, was what they were doing the buylbust and our participation was after the buylbust; if these guys were going to cooperate, that we could further the investigation, if we had to leave town, we were there to roll with it or go out of town or whatever to help further the investigation," (Page 8:7-13). He said the DEAs role was not verbalized to him, he just felt that was the DEAs role (Page 8:20-22). Agent Andris was present for the operational briefin on Ma 7, 2008. He advised two locations were discussed, the h u e os- and the parking lot of Wal-Mart (5500 Thomasville Road). When asked ~f Forest ~eadows was discussed at the briefing, he was unsure but believed it may have been discussed at the end of the briefing. He did not recall how the discussion about Forest Meadows began. According to Agent Andris the L J I I ~ I I I Iwas very thorough. "...It was a pretty ~ thorough briefing as in they had, I guess the captain and lieutenant were in there - and they were doing the what if: If this happens, what do we need to do ..." recalled Agent Andris (Page 10:8-11). Agent Andris received a copy of the operational plan and believed the operational plan was "pretty detailed." He stated, "Youve got to remember, on operational plans, drug work is so fluid, things do change as operations are happening," (Page 11:7-9).I 1.1. # 08-21 Page 57 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT given information on the identified suspect, h, Agent Andris advised Ms. Hoffman was not scussed .at the briefing. He was who had a non- violent criminal history. He was not concerned that the other suspect was only known as m, When asked if he knew a firearm was involved, Agent Andris advised the firearm was mentioned. He stated, they mentioned the firearm, but I dont know how detailed they got into the firearm because it was ecstasy, cocaine, and getting the gun," (Page 12:13-17). Agent Andris advised he did not have concerns about the firearm. Agent Andris was asked what his role was in the operation. He answered, "My role was the perimeter. DEAs role, you know, all the takedown stuff was going to be done by TPD. I guess they might have had some other TAC guys out there too to do the takedowns. And I guess Agent Harley (Jimmy Harley) went to the house, was sitting on the house; me and Dave Wilson, he was actually going to get in the car with me and I said, hey, just take your car for and extra vehicle out there on surveillance," (Page 12:20 - Page 13:4). Agent Andris said he was told at the briefing he was there for surveillance. According to Agent Andris after the briefing everyone started setting up Tor porest j Meadows. As he and Agent Dave Wilson were standing by, Investigator Pender Ms. Hoffman and Officer Pate walked by. Agent Andris advised that was the first time he had seen Ms. Hoffman. He and Agent Wilson then assisted lnvestigator Pender by carrying the "tech" equipment down to the cars. "Me and Dave went to the parking lot and I just waited around because I think over radio transmissions they might have - - there was a silver BMW involved, they thought they had it located at the park. So I just waited. And when Ryan and them started leaving, I started leaving. I happened to follow in behind the CI, I was going towards Forest Meadows," said Agent Andris (Page 13:18-24). Agent Andris said he was not present when Ms. Hoffman received her instructions from lnvestigator Pender. He also did not witness the controlled phone calls. When asked if he saw lnvestigator Pender put the equipment in her . - According to gent Andris, lnvestigato; Pender and 0fficer.pate (whose name was unknown to Agent Andris) did not appear to have difficulty setting up the surveillance equipment. Agent Andris did not know how Forest Meadows became the buylbust location. He however, did not have concerns about it being moved. He answered, "No,,J because the Wal-Mart parking lot is such a vast area and its hard to control. When Forest Meadows came up, it was one way in, one way out. They were 1.1. # 08-21 Page 58 of 199
  • TALLAHASSEE POLICE DEPARTMEN I I INTERNAL AFFAIRS U N I T When asked what happened after leaving the police station, Agent Andris stated, "Okay. We started going down toward Forest Meadows and I happened to be behind the CI. And as we are going, she makes the wrong turn and I get on the radio and I tell lnvestigator Pender, hey she made the wrong turn, she needs to go to the next exit or entrance for Forest Meadows because she turned into the ballparks. He said okay. And Iwas probably doing about 35 miles per hour and I was looking, I could see a BMW sitting in the park. And I dont know if I asked, is it okay to go into the park. I was going slow and I could hear over the transmissions, hey, they are trying to get her to go to the landscape company, which I knew was Royalty further down. So I continued to see if they were there and thats when I saw them there," (Page 15:15 - Page 16:4). When asked clarification questions, Agent Andris advised he was following Ms. Hoffman on Meridian Road and lnvestigator Pender was driving behind him. When Ms. Hoffman made the wrong turn into the baseball fields, lnvestigator Pender was driving behind him. He did not know if he was directly behind him or1 one or two cars behind him (Page 16:16-18). He communicated with Investigator Pender via the TPD radio. Agent Andris was asked who had eyes on Rachel Hoffman when she made the wrong turn. He replied, "As I am driving, he says - I dont know, I cant remember the radio transmission, but 1 told him, hey, she turned into the wrong location, I think she is going to have to make that loop. And he said okay," (Page 16:24 - Page 17:4). Agent Andris believed his role was outer perimeter. He did not recall lnvestigator Pender asking him to keep an eye on Ms. Hoffman while he turned on the wire. He also was unsure if there were any other law enforcement officersin the area of Ms. Hoffman as they traveled north on Meridian. Agent Andris said the last time he saw Ms. Hoffman was when she turned into the baseball fields. When asked w atching Ms. Hoffman he stated, "People in charge of the The case agent, he was in charge of (the) listening dev . . responsibilities when you have the Kel," (Page 17:25 - Page 18:6). Agent Andris said he drove to the nursery where he saw the suspects facing "nose out" to Meridian Road. He relayed what he saw about the suspects and the suspect vehicle over the police radio. He then traveled to the school (Hawks Rise Elementary) where he turned around. He stated, "And I slowly go down the road and theres just really nowhere to turn there. So I go to the school and I pullI into the school, and eventually I will make a U-turn. And I stop and I wait a - couple - I dont know how long I wait. But then I pull back out and I look down 1.1. # 08-21 Page 59 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT the road and I dont see the car up -- nose up to the front anymore. So I say, hey, I think they might be southbound because I dont see them at the nursery - - anymore. So I start southbound -," (Page 18:20 Page 19:4). Agent Andris confirmed he said over the radio the suspects might be southbound. He then continued, "So I start southbound to go check the nursery to see if they pulled into the nursery because theres a big parking lot there, they could have backed up there. And 1 go by and I dont see them there. And more radio transmissions coming saying I am trying to get a hold - - Looney is saying where is the CI or something and 1 think Pender says I am trying to get a hold of her now. So 1 continue south. I guess Gardner Road comes up, so I do another U-turn. I dont even know how far down, I think I was near Forest Meadows then," (Page 19:6- 17). Agent Andris advised the traffic on Meridian Road was, "It was 6:30, 7 oclock traffic. There were people going to the ballpark and there was still a lot of traffic out there." (Page 20:4-7). Agent Andris confirmed he was unable to malntaln visual contact with the suspect vehicle when he made his U-turn at the school. He was then asked why he believed the vehicle was going southbound. He advised he believed it was going southbound because that was the location of the deal.j When it was asked if were true that no one had eyes on Ms. Hoffman when she turned into the baseball fields, Agent Andris replied, "I am not sure because when she turned in, 1 could see her in my r e a ~ i e w mirror when I told Ryan, hey, - she pulled in here because its less than - what is it, 200 yards to the next entrance, I think. And when I told him on the radio, I assumed he had eyes on -- her because when he said, okay, I got it I think he said that, but I am trying to go off my memory right now," (Page 21:22 - Page 2 : ) He was then asked 26. why he didnt turn in with her. He responded, "With her? Because my role wasnt to follow the CI, I was on the perimeter," (Page 22:7-I 0). Agent Andris said nothing in his mind made him believe he and Investigator Pender were switching control over the CI (Page 23:6-9). Agent Andris advised he believed the Tallahassee Police Department officers involved were deputized under the authority of DEA. He did not know how many were deputized. He advised they usually raise their hand and take an oath. The person who would have done that would have been DEA supervisor Mark Cutcliff. The interview was concluded at 11:03 AIVI. Investigators Note: On August 18, 2008, Agent Andris reviewed his transcript and noted on the Errata Sheet that he has been employed by - - - 1.1. # 08-21 Page 60 of 199
  • ...-LAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT DEA for eleven years. He also advised he was not present for the deputizatlon process. Special Agent David Wilson: On Wednesday, August 13, 2008, at 11:30 AM, lnvestigator Danielle Davis conducted a taped interview with Special Agent David Wilson in the Legal Conference Room of the Tallahassee Police Department. Also present in the room was Internal Affairs lnvestigator George Creamer Jr., Special Agent in Charge Randall Bohman and Court Reporter Mrs. Sandra Narqiz. The OathIPerjury Warning form was read, affirmed, and signed bv Agent Wilson. All parties present witnessed the form. Agent Wilson has been employed by the Drug Enforcement Administration (DEA) for eleven years. Prior to joining DEA he worked for the United States Border Patrol for two years. Agent Wilson learned about the operation involving Ms. Rachel Hoffman on May 7,2008. Agent Wilson advised he was told the DEA agents were going to assist with the outer perimeter. He attended the briefing, which he considered to very thorough and containing all of the,inforrnation he needed to do his job. ! According to Agent Wilson the operation was to be "a buylbust operation in which when the suspect arrived and then met with the informant, a transaction would occur and then the arrest teams would move in and effect the arrest," (Page 6:18-21). The operation was to occur at Forest Meadows Park. When asked if Forest Meadows was discussed at the briefing, Agent Andris stated, Well, I know at one time Wal-Mart was mentioned and Forest Meadows, but before I left the station, everyone knew to go to Forest Meadows.. ."(Page 6:24 - Page 7:2). Agent Wilson advised Ms. Hoffman was not discussed at the briefing. The one suspect w h o was identified was discussed. Agent Wilson said he did not have concerns about doing an operation where one of the suspects was not fully identified. He also knew there was a firearm involved in the deal. When asked if he was concerned about the firearm he replied, We are always concerned about firearms," (Page 7:23). Agent Wilson was asked where he went after the briefing. He advised he followed lnvestigator Pender and Ms. Hoffman to the parking lot. He assisted lnvestigator ~ e n d e by carrying some o r said he observed lnvestigator Pender 0 Afterwards he went m to have any He advised theI ficient with the equipment. ~ e a s s u m e d Officer Pate was from the-~&c.h Unit. 1.1. # 08-21 Page 61 of 199
  • TALLAHASSEE POLICE DEPARTME#. INTERNAL AFFAIRS UNIT While lnvestigator Pender and Officer Pate were busy- into Ms. Hoffmans vehicle, Agent Wilson advised he carried on a with Ms. Hoffman in an attempt to try and make her feel comfortable. Agent Wilson was asked based on his experience with DEA and his conversation with Ms. Hoffman in the parking lot if he had any belief Ms. Hoffman wasnt capable of doing her role in the operation. He answerer ""I- she seemed very comfortable in the whole operation," (Page 10:ll-16). Agent Wilson said he did not see the officers search Ms. Hoffman. He also was not privy to any instructions lnvestigator Pender gave her. After the equipment was installed he went straight to Forest Meadows Park. Agent Wilson did not have a TPD radio with him. He only had a DEA radio. When asked when he believed something went wrong, Agent Wilson answered, Well, as I said, the takedown, after I identified the takedown units there, and our role was strictly just kind of be hands off. I saw the takedown units or one of the takedown units start moving in, so I waited a few, you know, 10-15 seconds and then I pulled around and I was expecting to see the takedown. Well, I pulled around and all of a sudden I see the takedown units leaving, so at that time I said something is not right. So then, I hit up - - I dont know who I called. I called1 someone saying, hey, whats going on," (Page 12:ll-24). Agent Wilson advised he was told to go to Gardner Road. He knew where Gardner Road was. Special Agent Jim Harley: On August 13, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with DEA Special Agent (SA) Jim Harley after being advised of his OathlPerjury Warning. Special Agent in Charge (SAC) Randall Bohrnan was also present a s was lnvestigator Danielle Davis and Court Report Sandi Nargiz. SA Harley has been employed by the DEA as a Special Agent for approximately 7.5 years. Prior to this he was employed by the Tallahassee Police Department as an officer for approximately 6.5 years. SA Harley was contacted on May 7, 2008 by h ~ supervisor, Mark Curc~~rre, s and asked to assist the Tallahassee Police Department with an operation. According to SA Harley, the DEAs involvement was to provide additional resources to the Tallahassee Police Department for the o eration in the form of surveillance. SA Harley was assigned surveillance at * - - . SA Harley was asked if any discussion occurred at the operational briefing that was not included in the operational plan. He stated, "Not at the time I was there. I left - my understanding was the operational briefing was done, and at someI point during that operational Summer Brooke location and 1.1. # 08-21 Page 62 of 199
  • TALLAHASSEE POLICE DEPARTMEl INTERNAL AFFAIRS UNIT I did that. And to my understanding, there was some other stuff that was discussed after I left that I wasnt privileged to." (page 6:10-1 j ) SA ~ a r l e y the house from the briefing was to stay on the house He was asked what his role was in the operation. stated, My role at The source was going to go into the house, do the transaction and leave, and when she left there was an anticipatory search warrant that they were going to execute at the house. But my sole objective for being on the house was surveillance to let them know when people came and left and went from the house." (page 9:18-25) SA Harley was asked at what point he had concern for CI Rachel Hoffmans safety. He stated, When they didnt know where she was at." He was asked how he came across that information. SA Harley stated, Well, I was actually on the phone with somebody and they had informed me that they couldnt find the CS (confidential source) and the last place they knew she was on Gardner Road. So I responded to the area of Gardner Road." (page 115-9) SA Harley added, "I will say, and I dont know if this is relevant to atiyinlny, but the briefing was very, very thorough. It always is with TPD, very thorough. And at least the part that Iwas involved in and if they went any further and expounded on anything else after I left, its even that much more thorough. So there was I nothing left out in the briefing that I felt or I believe any of the other DEA against would have felt that, okay, this wasnt covered because all of us had been around long enough in law enforcement where we would have stood up and said, well, what about this and asked questions, and none lid." (page 2:6-17) Special Agent Robert L. Robbins: On August 14, 2008, lnvestigator George Creamer, Jr. conducted a taped interview in the Legal Conference Room with DEA Special Agent (SA) Robert Robbins after being advised of his OathlPerjury Warning. SA Robbins was unable to attend in person and the interview was conducted via conference call. Special Agent in Charge (SAC) Randall Bohman was also present as was lnvestigator Danielle Davis and Court Report Sandi Nargiz. SA Robbins has been employed by rne v t a ~ j approximately 17 years. He is chently-assignee for approximately 8 years. SA Robbins was notified by SA Jimmy Harley on May 5, 2008, to come to Tallahassee, FL reference an unrelated case. While in Tallahassee he was advised the Tallahassee Police Department had a case and was requesting the DEAs involvement. The only contacts he had reference the May 7, 2008 operation was SA Harley and lnvestigator David Donato, Tallahassee PoliceI Department. - - - - - - . 1.1. # 08-21 Page 63 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT SA Robbins attended the briefing at the Tallahassee Police Department. He was asked what his the operation. He stated, "Our initial assignment was to he main targets house which is in a, I guess upscale 15 to 20 miles north, northeast of Tallahassee. hat was the main-targetin my understanding." (pag6 7:13-17) SA Robbins recalled a second location at a "sports complex" 4 to 5 miles south of the targets house - ) . SA Robbins was asked if North Meridians conditions caused any issues with his surveillance. He stated, "I am not familiar with the name of the road, but there is a connects the sports field with the area of residence and its parking lot areas around them contained d" most of the sports field is. The actual fields thems (page 8:s-10) SA Robbins was asked who was assigned to watch CI Rachel Hoffman during the operation. He could not recall specifics. SA Robbins stated, "One general comment I could make about the briefing. I have been an undercover many times and I have been to hundreds of briefings. One of the things 1 always try to figure out myself is do I feel comfortable with this if I was an undercover. And I definitely got that feeling during the briefing. 1 felt that all the essential information was discovered and all the safety issues were covered and had II been undercover, I would have felt comfortable going into that situation. I dont remember all the specifics of who was assigned to where, but I do remember a -generalfeeling of, yeah, this sounds like a good operation." (pages 9:22-10:9) When SA Robbins and Investigator Donato were they were advised the location had been SA Robbins then repositioned to try to acquire Forest Meadows. SA Robbins stated, "One other aspect of this. e had a DEA radio and we were monitoring the DEA radio operation was occurring on Tallahassees tactic frequency, which we werent, or at least I was not listening to. I dont recall now if Detective Donato had a handheld Tallahassee Police Department radio or not." (page 11:17-23) SA Robbins confirmed Tallahassee Police Department radios do work but difficult since they are not When SA Robbins was advised CI Hoffman was missing, they began to coordinate with ground units for the search. --- - . 1.1. # 08-21 Page 64 of 199
  • TALLAHASSEE POLICE DEPARTML. _ _ INTERNAL AFFAIRS U N I T On August 12, 2008, Lieutenant Edward Smith and Sergeant Stan Hoover conducted a recorded conference call interview with Mr. Benjamin Reeves. Mr. Reeves was told the interview was being recorded and consented to the recorded conference call. The entire interview with Mr. Reeves was transcribed and the following information is only a summary of the interview. Mr. Reeves stated he met Ms. Hoffman through a mutual friend who took him over to Ms. Hoffmans house to "Smoke some pot." Mr. Reeves stated he met Ms. Hoffman in January 2008. Mr. Reeves stated he learned Ms. Hoffman was a confidential informant after the April 17, 2008 search warrant the Tallahassee Police Department served on Ms. Hoffmans residence. When asked what police seized during the search Mr. Reeves stated, "Ecstasy pills, valiurns, and some marijuana and some paraphernalia." When asked who else knew Ms. Hoffman was a confidential informant Mr. Reeves stated, "She told a lot of people, I mean like all my close friends, but she let people know." Mr. Reeves stated he was concerned about Ms. Hoffman acting as a confidential informant because, "Just-l was more concerned that the police werent going to follow through with their end of the deal and let her off the hook on her charges. We didnt really think this was a possibility, what happened. I thought she would get robbed, and I told her that, and she knew that as well. She said even if I get robbed, the police would be right there." When asked why he thought Ms. Hoffman would be robbed, Mr. Reeves stated, "because Im from Tallahassee, and Ive known lots of people that have been robbed for selling pot." Mr. Reeves stated that on the day after the buy-bust operation and Ms. Hoffman was missing, officers came to his residence on looking for Ms. Hoffman. Mr. Reeves stated he told the officers he thought Ms. Hoffman was with them and informed the officers they could not search his residence for Ms. Hoffman without a warrant. C Taylor Sexton: On August 15, 2008, Sergeant Hoover attempted t o call Taylor Sexton (JOU- 6391), but n o one answered the phone. Sergeant Hoover left a voicemall message with his contact information at approximately 12:30 PM. On August 15, 2008, Sergeant Hoover contacted Special Agent Mike DeVaney with the Florida Department of Law Enforcement (410-7596) for assistance in contacting Taylor Sexton. Agent DeVaney had previous contact with Sexton during FDLE1scriminal investigation of Ms. Hoffmans homicide. SA DeVaney stated he would attempt t o contact Sexton, and have him contact Sergeant Hoover. - -- . - -- 1.1. # 08-21 Page 67 of 199
  • TALLAHASSEE POUCE DEPARTMElr I INTERNAL AFFAIRS UNITOn August 18, 2008, Sergeant Hoover left another phone messaae forTaylor Sexton at the 386-6391 phone numbcOn August 18,2008 Sergeant Hoover and Internal Affairs Investigator DerekFriend went to Taylor Sextons residence at 2512 Armistead Road. A TPDbusiness card (Sergeant Hoovers contact Information) was left with theneighbor who was watching the house while the Sextons were on vacation.The neighbor said he would give the card to the Sexton family when theyreturned on Wednesday, August 2oth.As o f August 25,2008 Taylor SextorI has nc)t contacted Sergeant Hoover. - 1.1. # 08-21 Page 68 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITSubject OfFicer Interviews:Officer Chris Pate:Officer Chris Pate, PBA Attorney Hal Johnson, and PBA RepresentativeSergeant Sam Gereg were provided the opportunity to review the exhibitspresented as evidence i n this investigation prior t o his interview o n August22,2008.On August 22, 2008, lnvestigator Gwurye Creamer, Jr. conducted a tapedinterview in the Legal Conference Room with OfFicer Christ Pate after beingadvised of his OathlPerjury Warning and Police Ofticer Statement ofRights. Sergeant Sam Gereg was present as Officer Pates P.B.ARepresentative. Attorney Hal Johnson, represented Officer Pate for theinterview. Also present for the interview was lnvestigator ~ a n i e l l eDavisand court report Sarah Gilroy.Officer Pate has been employed by the Tallahassee Police Department as anofficer for approximately 7 years. His current assignment is with the CommunityOriented Policing Squad (COPS) where he has been assigned for approximately5 years. In reference to Vice operations, Officer Pate has had basic training insurveillance equipment. He has no knowledge of Vice Standard OperatingProcedure (SOP).Officer Pate stated that he has worked with the Vice Unit in the past. He hasnever been told to follow Vice SOP during these occasions. Until two weeksprior to this interview, Officer Pate had not reviewed Vice SOPS.Officer Pate was questioned about procedure when signing up a confidentialinformant (CI). He was asked if he knew what Drug Court was. Officer Patestated he did not. He stated, "I mean if it came up on my Cls history or review ofhim, I would find out what it was. Cant say I would let it slide. If it goes againstany kind of protocol for CI, obviously you couldnt trust that person." (page 13:7-12)Officer Pate was asked what h ~ s understanding of an operational plan was andwhat should be included in it. He stated that the plan includes a brief descriptionof how the investigator got to this point. All officers involved are listed with theirassignments and positions. Equipment to be used and the communicationschannel is included. The plan is given to the sergeant who signs it and notifiesCommunications.He was asked how much work is put into the background for the operarlon. Hestated, "A lot of work. You could have multiple officers working with theinvestigator or the officer who is doing it. When I do my operational plans,usually just myself. I will do it and go out, for instance, search warrant, go outand photograph the house. I will do all the criminal history background check, -- - - . - - 1.1. # 08-21 Page 69 of 199
  • TALLAHASSEE POLICE DEPARTME N I INTERNAL AFFAIRS UNITsometimes include that with the operational plan for the officers to see, IDphotos, I pull all that together, sit down and write my operational plan. A lot oftimes Sergeant Ferrell, he will help us out with any kind of quirks in it. But mostof the time on COP squad its the individual officer working on it." (page 17:12-18:l)Officer Pate was asked when he first neara of Rachel Hoffman. He stated thathe had received a tip in March of 2008 about a resident at Polos on Park whowas selling a large amount of marijuana from her apartment. Officer Pate wasgiven permission from his sergeant to do surveillance on the apartment. OfficerPender did a trash pull and came up with supporting evidence of drug sales byMs. Hoffman at the apartment to include a ledger. He then reported this to theVice Unit. The case was assigned to lnvestigator Pender.The following month, lnvestigator Pender called Officer Pate and requested hisassistance with the case. They went to the apartment; the leaser had beenidentified as Rachel Hoffman, and they developed probable cause for a searchwarrant. While lnvestigator Pender was writing the search warrant, Officer Pateand members of the COP squad watched the apartment to ensure no one cameor left it. Approximately 30 minutes after setting up surveillance, Rachel Hoffmanexited the apartment and was detained by the COP squad. An hour later,lnvestigator Pender showed up with the search warrant and Vice investigators.Ofticer Pate did not know of an operational briefing and did not attend oneoccurred prior to executing the search warrant. Officer Pate stated he was notpresent for lnvestigator Penders interview of Rachel Hoffman.Officer Pate was asked if there were any indications what level dealer RachelHoffman was. He stated, Well, the initial information I got from people comingand going, we knew something was going on, obviously. When we did thesearch warrant, prior to us getting there, or the Vice guys getting there, shebasically said that she was just a holding house for the bad guys. She was justholding weed, and they would give her some to sell."But the information that she had and the information that she was telling peoplewould lead you to believe that she was involved in it more than just selling weedon the side to her friends. So she was making money off of it, you know. Mid-level dealer? I dont know how she went up on that, just because I saw - the guyshe was dealing with, they could have been more mid-level than she was. If shewas just holding it for them, then shes not really that high up the chain." hage28~19-2918)On May 7, 2008, lnvestigator Pender called Officer Pate. Officer Pate stated,"Pender called me and told me what was going on. Basically he invited me justto come along with him, since Im the one that found this. This is - basically itwas out of courtesy." (page 32:17-20) Officer Pate did not participate in theplanning for the operation. His first involvement was to attend the operational 1.1. # 08-21 Page 70 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT briefing. Officer Pate stated the briefing room was full when he arrived so he stayed in the hallway. He did not have an assignment for the operation "other than being with Pender." (page 35:13-14) Officer Pate clarified that his chain of command for that operation started with Sergeant Looney. Officer Pate was asked if he was assigned to a Vice officer. He stated, "Well, yeah, Pender just basically, he had the wire. He was like, you can just ride with me and just hang out with me, and lets see what happens - basically I was just there, you know, because I started the case. He was trying to let me see what the fulfillment of it was going to be out of courtesy. I didnt really have a role in it, other than that." (page 33:25-34:6) Officer Pate was asked if he saw any of the Drug Enforcement Administration (DEA) agents at the briefing and if he knew their assignments. He stated he recalled one, Special Agent (SA) Lou Andris, staying behind with he and lnvestigator Pender. Officer Pate thought SA Andris iob was to keep his eyes on CI Rachel Hoffman. Officer Pate was asked what his role in the operation was. He stated, "I was just have to do anything to it. Did some communication on the radio, but nothing with the wire." (page 41 :9-I 1) At the end of the briefing, Offi eadows was brought up as a staging point for the . When the briefing broke, everyone headed to their staging points except lnvestigator Pender, Officer pate: and SA Andris. Office Pate attended lnvestigator Penders briefing of CI Hoffman prior to the operation. He stated, "She was getting the scenarios with the - trying to get the deal to go down at Walmart, at the house, stuff like that. The whole thing we were going over with her. Then Pender hooked up the phone, everything that he needed to do for the controlled buy, and she made - for the controlled call, rather, and made the controlled call at that point." (page 45:6-12) real brief. She spoke to the b Officer Pate was asked what e heard during the control call. He stated, "It was guy, as best I could understand it. And he did not want - she was trying to get the deal to go down at the house. Thats not what he wanted. He wanted to change it to a park. There was I dont know how many phone calls were made. There was some confusion.1 "Initially she thought the park was on Old Bainbridge or something like that. Then he clarified it, said he wanted to go to Forest Meadows. She said okay. 1.1. # 08-21 Page 71 of 199
  • TALLAHASSEE POLICE DEPARTMEN I INTERNAL AFFAIRS UNIT Thats when the ball began to roll to go to Forest Meadows." (page 45:15-25) Officer Pate confirmed that the suspect, II)brought up Forest Meadows and that CI Hoffman agreed to it right away. lnvestigator Pender briefed C1 Hoffman on safety. Officer Pate stated, "Well, I remember him going over stuff like she wasnt - she was not to get out of her car. The bad guy was supposed to get in her car and control it that way. If anything was to happen as far as him trying to get in her car, she wasnt supposed to do it. He then reiterated several times she was only to go to the area that we had designated for her." (page 46:21-47:3) Officer Pate was asked if CI Hoffman was familiar with the area. He stated, "No. She didnt seem like she knew it. She said she was only familiar with I think she said the east side of town. We had to give her directions how to get there." (pages 47:ll-14) Officer Pate was asked if he searched CI Hoffman prior to the operation. He stated that he did. He was asked if anyone else was present. Officer Pate stated, "Pender - well, Pender was like at his car doing stuff with the wire. He told me to search her, went up, did the search, searched her, did her purse, did the car. Then he came back, 2nd he actually went through the car too a little bit.I And then we hooked up the wire." (page 50:ll-16) Office Pate was not aware of a Vice SOP that restricted male officers from searching female CIS prior to an operation. According to Officer Pate, when they left the department, SA Andris was assisting them in keeping an eye on CI Hoffman. As they neared Interstate 10 (1- 10) on North Meridian Road, lnvestigator Pender pulled over and let CI Hoffman followed by SA Andris get in front of them. When they reached Maclay School, lnvestigator Pender pulled into the parkina lot and SA Andris took over visual surveillance on CI Hoffman. Officer Pate was asked what lnvestigator Penders duties were at this time. He stated, "He was doing a lot. He was contacting Rachel by phone, when we got to Timberlane, he gave her more specific instructions where to go, make sure she understood how to get to Forest Meadows again. So at that point there was really no doubt that she knew where it was. And she had called back several times saying, you know, she had talked to the bad guys. And then as we passed Timberlane, we went up a little farther and pulled into Maclay Gardens - not Maclay Gardens, but Maclay School. And she at that point was supposed to pull into Forest Meadows, but pulled into the baseball fields (Meridian Sports Complex) just south of Forest Meadows. "That is where Lou was telling us, she pulled in here, blah, blah, blah. Actually he continued north. And then when that happened, we pulled back out onto Meridian. He had spoke with her again on the phone, told her, you need to go up 1.1. # 08-21 Page 72 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRone street; its a cautlon light, you know, again, all these directions. L v t : a~udallycame onto Meridian, and Pender blocked traffic for her to let her pull forward togo to Forest Meadows. Then he zipped into the baseball field, went all the wayaround the north side as close as you could get to Forest Meadows to listen tothe wire." (page 55:25-56:23)Officer Pate confirmed that no one haa eyes on LI Hoffman when she pulledback onto North Meridian northbound from the ball fields (Meridian SportsComplex). He was asked if he knew why the decision was made not to follow CIHoffman to Forest Meadows, He stated, "No." (page 60:3) Officer Pateconfirmed that the last time they saw C Hoffman, she was traveling northbound Ion North Meridian Road. They did not observe her pull into Forest Meadows. ,Officer Pate stated that he and lnvestigator Pender pulled around the baseballfields at the Meridian Sports Complex. As they rounded a pavilion on thenorthwest corner of the park, they began to lose the wire. By the time theyreached the north side, the nearest section to Forest Meadows, the wire wascompletely out. lnvestigator Pender got on the radio and asked the units atForest Meadows if they had CI Hoffman yet. They did not. Officer Pate stated,"So now you get a little frantic when the wire goes down. Called her on thephone, couldnt get anything. She finally called him back and said that she was -the guy had changed locations. She was now headed up to the nursery and thenGardner Road." (page 63:17-21)Office Pate was asked where he and lnvestigator Pender went at that point. Hestated, W e went to Thompson Circle, and there were some dirt roads back inthere that we thought were Gardner Road. None of that was Gardner Road.There was just various radio communications about where Gardner Road was.Nobody knew where it was at. Finales said it was farther north, farther north. Sofinally units kept going north and north. I dont know who was the first one there.People got in there. There was nothing on Gardner Road. Pender and myselfcontinued even farther north. There was another Gardner Road, like GardnerPlantation Road or something. We went all in that area, didnt see anything, so -" (page 6523-66: 10)Attorney Hal Johnson took a break to SpeaK WILII 3fficer Pate. When theyreturned he clarified with Officer Pate that his answers to the question concerningthe final control call between CI Hoffman and suspecof that conversation. m were his recollectionsOfficer Pate was asked questions to clarify what he recalled about thatconversation. Officer Pate stated he knew CI Hoffman was speaking to suspect He knew that C1 Hoffman was setting up the deal. (page 69:21) OfficerPate knew CI Hoffman had not offered the location of Forest Meadows. (page69:21) Officer Pate knew it was suspect w h o offered the location of ForestMeadows. (page 70:l) He knew CI Hoffman spoke to lnvestigator Pender about - - --- . - 1.1. # 08-21 Page 73 of 199
  • TALLAHASSEE POLICE DEPARTMEl. 1 INTERNAL AFFAIRS UNIT Forest Meadows when she got off the phone with suspect-officer Pate did not recall if lnvestigator Pender spoke with CI Hoffman about safeguards for the operation during her briefing. lnvestigator Ryan Pender: Investigator Ryan Pender, PBA Attornc 11 Villeneuve, ,. PBA Representative Sergeant Sam Gereg were provided the opportunity t o review the exhibits presented as evidence in this investigation on Friday, August 15, 2008, and before his interview on August 22, 2008. At 1:35 PM, lnvestigator Danielle Davis conducted a taped interview with lnvestigator Ryan Pender in the Legal Conference Room of the Tallahassee Police Department. Also present was Internal Affairs lnvestigator George Creamer Jr., PBA Attorney Paul Villeneuve, PBA Representative Sergeant Sam Gereg and Court Reporter Mrs. Sarah Gilroy. The MemberISubject Administrative Rights and OathlPerjury Warning forms were read, affirmed, and signed by lnvestigator Pender. All parties present witnessed the forms. Prior to being asked any questions, the Standard Operating Procedures (SOP) and General Orders in question were read for the record.I lnvestigator Pender has been employed by the Tallahassee Police Department for almost eight years. He has been assigned to the Vice and Narcotics Unit for almost two years. Prior to joining the Vice Unit lnvestigator Pender worked in the Patrol Division and on the Community Oriented Problem Policing (COPP) Squad. In reference to job related training, lnvestigator Pender advised he completed two 40-hour schools on undercover operations (one basic and one advanced). His unit also conducts monthly, sometimes quarterly, training. He recalled his unit conducting training on buylbust, search warrants and surveillance. When he joined the unit he shadowed former investigator, Sergeant Sam Gereg. Additionally, lnvestigator Pender trained with lnvestigator Chris Corbitt on the technologylsurveillance equipment. lnvestigator Pender was asked his opinion of a suitable confidential informant. He advised a confidential informant would be someone working for honorable reasons (working their charges down, reducing their charges, or vigilante), honest, forthcoming and level-headed. He said an unsuitable confidential informant would be someone who was dishonest or proven dishonest. lnvestigator Pender was asked what the process is for documenting a CI. He advised their backgrounds are run to determine their criminal history. He stated, "I would run their background, criminal history, local, NCICIFCIC, run their DLS .. . .--.------ 1.1. # 08-21 Page 74 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITtheyve been involved in, in the past, just in case they werent arrested forsomething but were part of something that was un- -I cant think of the work --but something that we would not want to use them for." (Page 14:7-18)According to lnvestigator Pender after the background checks have been done,he conducts an interview with the subject to find out why they are there, whattheir purpose is for being there. He said if everything "matched upn he would geta confidential informant packet. The confidential informant packet gives thepotential CI a list of rules of conduct. There is also a waiver of speedy trial to besigned if the CI were to be working off charges. The subject signs forms and theinvestigator signs forms. After the packet is completed, lnvestigator Penderadvised he takes it, and the background information, to his supervisor for review.lnvestigator Pender advised there are two investigators present wtien me1etingwith a CI for witness purposes.lnvestigator Pender said he checks to see if a potential C1 is on probation orparole. If they are on probation or parole he said he tells the C he cannot work Ithem until he has clearance from the probationlparole officer and a judge.lnvestigator Pender said pre-trial intervention programs are not an issue for theunit. He stated, "I believe thats more, in my eyes, its more of a general practicefor the unit. I was always told that pre-trial release, any other court sanctionsother than probation and parole are not frowned upon as far as them beingutilized as a confidential informant." (Page 17: 1 9-23)lnvestigator Pender said the Vice SOPs and General Orders do not address pre-trial release. When asked if the Vice SOPs and General Orders address DrugCourt, lnvestigator Pender advised they do not (Page 17:24- Page 18:4).When asked what Drug Court is, lnvestigator Pender said, "To - - the bestdefinition I can give it would be a diversion program for drug offenders that isoffered by the courts and sanctioned by, I guess the state attorneys office andthe judicial system itself. It offers them kind of a leniency on their charges, if theyhave drug charges against them. Its a leniency in a sentence. Rather thansentencing them for the crime, if they complete x, y, z steps, which would be, tomy knowledge, its meetings with a counselor, I believe, random urinalysis andmaybe some fines that they have to pay. And if they complete those things in atimely manner, and they dont re-offend, then their charges are withheld." Hecontinued, "very similar to misdemeanor diversion, except it can apply to felonycharges -- drug court can apply to felony charges, whereas misdemeanordiversions only are for misdemeanors." (Page 18:5-24)lnvestigator Pender said he discusses his potential confidential informants withhis supervisor, Sergeant David Odom. He advised he may speak with hissergeant immediately about a CI or it could be a day or two, or a week later."Potentially prior to using them," stated lnvestigator Pender (Page 22:4-6). 1.1. # 08-21 Page 75 of 199
  • TALLAHASSEE POLICE DEPARTMEN-r INTERNAL AFFAIRS UNIT i According to lnvestigator Pender, if a problem comes up with a CI, it is the responsibility of the investigator to inform his or her supervisor. He then advised a CI packet does not need to be signed off on before they are used. He then referred back to an earlier example of immediately "flipping" an arrestee to get their supplier. He said there is at least a verbal approval. He stated, "Typically, at least verbal. We wont - - I will put it this way, we would not use a confidential - informant blindly. We would at least - supervisors would have knowledge of that informant prior to us using them." lnvestigator Pender advised all of the 24/25 rules in the CI packet are read and explained to a confidential informant. He was then asked how confidentiality is addressed to a CI? He answered, Typically my spiel, if you will, that I tell them is, the less that know, the better. Obviously in the world of drugs, word spreads pretty fast. So I tell them, you know, dont tell anybody. Dont tell your mom. Dont tell your dad. Dont tell your preacher. Dont tell anybody. Its an unrealistic request. But I make it just to give them kind of the impact of, youre confidential, lets keep it that way," (Page 30:9-16). When asked to define substantial assistance, lnvestigator Pender srared, "It would be -- in that case it would be an arrestee or somebody that we have I pending charges against, it would be their ability to provide us information or - work - and I mean work physically, going out and doing something - that would substantially - would create arrests of others that was substantially greater than theirs." (Page 33:20 - Page 34:3) lnvestigator Pender said he believes the sergeant makes the final decision on how the substantial assistance is applied to a confidential informant. He stated, "To my knowledge, it would be a sergeant. It could go higher than that. I know my responsibility would be to document what theyve done, document their charges - - typically I do it on a Word document. I put the detainee or the arrestee, if you will, pending charges, a persons name up there, what we did, whether it was a search warrant of their house, a buylbust. I write down everything that we obtained from them..." (Page 34:19- Page 35:4) lnvestigator Pender was unaware if the sergeants go higher in the chain of command for approval on how substantial assistance is applied. When asked who has final approval on how a dealloperation is going to operate, lnvestigator advised the Chief of Police. He then explained that he gathers information from a confidential informant, followed by multiple documented telephone calls gathering information. "I would come up with an operation, whether it be a search warrant, buy-bust, controlled buy, buy-walk, all the different things that we can do, and do to it what I believe would best fit the scenario that theyve portrayed, what they can and cannot do. At that point it would be documented on an operational plan. That operations plan would then go to my supervisor. I make five copies. It goes to the sergeant, the lieutenant,I the captain, the deputy chief, and the chief. Those are the five copies I make. Whether it goes that high, I dont know. Those are the five copies we make," 1.1. # 08-21 Page 76 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS U N I T ! stated lnvestigator Pender, (Page 39:5 - 25). lnvestigator Pender said he gives the five copies to his sergeant. He does not know what the sergeant does with them. He stated, "Ican tell you what we were told, why we make five copies, and that is for each level or branch in the chain," (Page 40:5-9). lnvestigator Pender said he does not take a copy of an operational plan up the chain. After he gives his sergeant the five copies, he assumes the sergeant gives four copies to the lieutenant, and the lieutenant gives three copies to the captain and so forth until it reaches the Chief of Police. If a plan did not get approved he would not know at what level it was stopped unless he was told it was denied by the Chief, or denied by the lieutenant. If his sergeant has a problem with it, it may never see the lieutenant. If something needs to be corrected, he corrects it and he starts over again with five copies. According to lnvestigator Pender, a confidential informant is allowed input with how an operation is to occur. He said they are not allowed to make "ultimate decisions." When asked who determines the location of a buylbust operation, he answered, We do as an agency, or the case agent, or I guess the chief, if it went all the way up to him and he approved it. It would be us," (Page 42:8-12). lnvestigator Pender said the confidential informant and the suspect do not select the buylbust location. lnvestigator Pender believes he has written more tlhan 40, but less than 75, operational plans. While discussing contingency plans, Investigator Pender advised, "...In buylbust I scenarios, it always changes. I can say that very confidently. I can tell you from -- the time in COPP squad that we assisted Vice to the time Ive been in Vice, I dont believe Ive ever been on a buylbust operation where Ive said were going to do it just like that, and at the end of the day it happened just like that," (Page 47:21 - Page 48:2). He explained, "Because youre dealing with people and drug dealers. And they have their own intricacies, the way that they like to do things. You try to control that as much as you can. But typically -- even if you know what they like to do, and you set a plan to that, theyre still going to change I it, because it makes them feel like theyre in control and makes them feel I comfortable. So a lot of times we allot that in operational plans. Thats why we have contingencies in, were going to ask the guy to go here, and we know hes going to change it. So this is what we do: We ask him to go here. Just in case he says okay, and he does it, here is a brief on this place. And when he say, no, I dont feel comfortable doing that, we say, lets go over here, and give him a second scenario. To be honest, I can give you ten contingencies, and most likely the I one is the one were going to do it at. You cant control what their lm reaction is going to be to whatever your suggestions are," (Page 48:3-24).J Investigator Pender was asked if the operation plan he gives to his sergeant has his signature on it. He advised they are "sometimes." "I can tell you on this 1.1. # 08-21 Page 77 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT case, I gave one of them that was signed at one point. But, again, it comes back, change this, add that, capitalize this word, you know, whatever the case may be it changes. And as it goes through, and you continuously print them out, a lot of times it gets redundant to keep signing it, or more accurately, its not really the redundancy of it, its the remembering to do it, because youre doing so many copies and handing out so many different ones, you will just forget to sign it," stated lnvestigator Pender, (Page 49:20- Page 50:5). lnvestigator Pender was told the copies of the operational plans provided to Internal Affairs for the April 22 and May 7 operations did not have signatures on them. When asked if there were signed copies somewhere, lnvestigator Pender advised there were not (Page 50: 6-12). He affirmed the reason there are no signed copies is because of the multiple drafts of the report he had to complete. When asked how the two operations were approved, lnvestigator Pender advised he received verbal approval. According to lnvestigator Pender, typically everything in the briefing is discussed at the operational brieting. He advised the Vice lieutenant attends the briefings. The Captain rarely attends and the Deputy Chief and Chief never attend an operational briefing. lnvestigator Pender said he does not typically put information about a confidential1 informant in his operational plans. He explained, "Confidentiality. Because a lot -- of times its just a byproduct of what we do. So when were dealing with CIS a lot of times we dont tell other people who were using, just out of habit, if you will, because were so used to doing other things and not revealing that information, that it becomes a habit that youre just not going to reveal it. A lot of it is not pertinent to the operation, why theyre there; how they got there to begin with. The key is how they know the person and why were doing what were doing, (Page 52:8-18). lnvestigator Pender said he would add into the operational plan the things pertinent to the operation. When asked if he discusses the confidential intormant at the briefing if "different issues" had come up with him or her. He advised he would "If it was pertinent to the operation itself." If it were not pertinent to the case he would not. According to lnvestigator Pender, the participants in the operation have the opportunity to ask questions and after the briefing they should understand their role. lnvestigator Pender said anyone involved in .the ope ias the authority to stop the operation once it has begun. lnvestigator Pender was asked when and how he first became aware of Ms. Rachel Hoffman. He advised he conducted a search warrant in 2007 and obtained a confidential informant who listed her as a person (who sold drugs) in 1.1. # 08-21 Page 78 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITtown (Page 5419 - Page 55:l). lnvestigator Pender said he was very busy atthe time and the confidential informant hadnt spoken to Ms. Hoffman in a whileso it would have seemed odd for him to attempt contact. Ms. Hoffman cameback into question after Officer Chris Pate was flagged down by a citizen aboutillegal drug activity occurring at Polos on Park Apartments. According tolnvestigator Pender, Officer Pate did a preliminary background and discoveredthe person at Polos on Park was Ms. Hoffman."At that time, I recognized her as one of my potentials from the past and told him,hey, I was actually working a CI that said he could buy from her. And, you know,I will work it for you. I will take the case. And since he did the preliminary work, Isaid, you can work it with me; you can assist me on it," stated lnvestigatorPender (Page 56:3-9). Officer Pate conducted a trash pull at Ms. Hoffmansresidence and found items associated with drug sales.lnvestigator Pender was asked to explain what happened when he served thesearch warrant at Ms. Hoffmans residence on April 17, 2008. He advised heand Officer Pate went to Ms. Hoffmans apartment to conduct surveillance. Theywere in lnvestigator Penders unmarked police vehicle. Officer Pate was in apolice uniform and lnvestigator Pender was in plain clothes. They discusseddifferent tips they were given, whereas one person advised, "you can just smell it,a very strong odor." lnvestigator Pender said they decided he would get out ofthe car and walk upstairs to see if he could get plain smell. If he could, theywould have enough for a search warrant. While Officer Pate stayed in the car,lnvestigator Pender walked toward Ms. Hoffmans apartment. He recalled, "Assoon as I crested the third floor stairs, it just hit me like a ton of bricks. It wasvery strong odor of fresh cannabis. So I continued to walk down the hallwaytowards her apartment. At that time two subjects came out of her apartment. Iacted like I was looking for an apartment, didnt know where I was, that wholething, went back downstairs, told him - -" (Page 57:18-22).lnvestigator Pender advised he did not see the two subjects who left theapartment carrying anything. He said he paid attention to that because he hadreceived intelligence information about people showing up with duffel bags to herresidence. After briefing Officer Pate with what he observed and smelled,lnvestigator Pender decided he would go and write the search warrant. COPPSquad Officers Jordan Larremore and Jason Newhouse were called to standbywith Officer Pate to watch the apartment while lnvestigator Pender was gone.lnvestigator Pender advised while at the police station writing up the searchwarrant, Ms. Hoffman exited her apartment and attempted to enter her vehicle.Officer Pate intercepted her and made contact based on the plain smell. Shewas detained. According to lnvestigator Pender, Ms. Hoffman confessed tolnvestigator Pate. He stated, "At that point he told me she confessed to having abunch of cannabis in her home. I added that to the search warrant. Based onthe plain smell, he said I had enough, but he signed the search warrant based on 1.1. # 08-21 Page 79 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITthe totality of the PC (probable cause)," (Page 58:25 - Page 23.4). ~rlvesr~gatorPender advised Judge Shelfer signed the search warrant.Prior to leaving to have the search warrant signed lnvestigator Pender madecontact with the Vice personnel in the office (Corey Hale and Gary Watson) andtold them he needed their help. He asked them to get the search warrant kit,which has evidence paperwork, gloves, a video camera, a digital camera, etc.,and meet him at the target location. After the warrant was signed lnvestigatorPender called his officers and said it was signed. They then met at the targetapartment.When asked if he had adequate personnel present, lnvestigator Pender advisedhe did. When asked if there was a supervisor on scene, he answered, "I dont -recall. I know there was at some point. I dont recall -there was none on scene.There was not one at the search warrant. But as far as notifying, I dont recallexactly, yeah, I called, you know, Dave Odom at this time, and this is what hesaid. But I believe I did. I believe I contacted him and told him that, yes, weregoing to do this search warrant, because typical protocol what we do, and Ialways do that," (Page 59:18 - Page 60:6).lnvestigator Pender said an operational plan was not conducted for me searchwarrant, but the officers conducted a briefing before they went in. He stated,"Yes. And only because -the house was secure, based on her statements. Butwe always act as if there is the plus one rule, just in case there was somebodyelse, and she was not coming forth with the truth on that," (Page 60:10-16).According to lnvestigator Pender a sergeant is typically on scene of vice searchwarrants.lnvestigator Pender affirmed drugs were found inside Ms. Hoffmans apartment.He stated, "She had six pink and purple pills, which turned out to be MDMA,ecstasy, found. I can give you all the different weights without adding them up;we had 79.75 grams, 22 grams, 49.38 grams, .57 grams, all that combined ofcannabis, multiple items of paraphernalia, and three blue pills, which were laterdeemed Valium," (Page 62:21 - Page 63:5). lnvestigator Pender said the after-actionheturn sheet was turned back to the court making them aware of what wasfound during the search warrant. He said lnvestigator Corey Hale would havebeen the one to complete the form (Page 63:6-12).lnvestigator Pender advised he interviewed Ms. Hoffman while at her apartment.Although the other officers were inside the home during the search warrant, hedid not recall anyone close by while he formally interviewed her. The interviewwas not recorded. lnvestigator Pender said the interview was not recordedbecause it is discoverable by defense attorneys and because they dont want theinformation to be leaked out. He stated, "If she makes one person in thatscenario, at that point we make charges against that person, it becomesdiscoverable, because its a recorded document based on those charges. And 1.1. # 08-21 Page 80 o 199 f
  • TALLAHASSEE POLICE DEPARTMEL- m INTERNAL AFFAIRS UNIT now the other six people were currently working cases on would then be brought up in court at somebody elses trial, which they would probably leave and go, hey, just so you know, give those people a phone call and ruin those potential cases. So thats why we dont record it," (Page 64:24 - Page 65:7). lnvestigator Pender advised probable cause existed for Ms. Hoffmans arrest but, she was not arrested. He said she wasnt arrested because she was forthcoming with her information and expressed an interest in not getting into any more trouble. Ms. Hoffman reportedly told Officer Pate she was planning on leaving Tallahassee to pursue other endeavors. While she was being interviewed, Ms. Hoffman reportedly interrupted lnvestigator Pender multiple times advising she wanted to be a confidential informant (Page 66:20-25). He said she volunteered to be an informant but there is more to it. He explained, " would say, I offered it 1 to her, only because she cant necessarily just volunteer and we go, okay, since she volunteered were going to use her. There is more to it than you volunteering; it would have to be us allowing her to do that. I would have to say that I would have to offer it to her," (Page 71:7-14). The options lnvestigator Pender said he gave to Ms. Hoffman were: 1) Be charged with what you have right now; we take you to jail, and you can answer to - the courts, 2) Take your charges, go to court - go to jail, bond out, and when you bond out, call me, and we will work substantial assistance on that end, 3) Not1 be charged at this time, you know, do what 1 ask of you and stay that way until the very end, until we deem whatever that will be. and 4) ...y ou can get the guidance of an attorney. (Page 72:3-17) When asked if an offense report was completed, lnvestigator Pender advised he completed a word document. He did not submit one to HTE (The Tallahassee Police Departments field base reporting system). He stated, "I do not submit it on HTE due to the confidentiality of that particular subject, whether it be her, her residence, whatever. Those things -- weve had people in the past - - people in the past that were employees here that we felt compromised some of our integrity as far as our cases," (Page 67:21 - Page 68:l). lnvestigator Pender advised if a subject provides substantial assistance and the sergeant agrees it is enough to be considered substantial assistance, the case is closed and the charges are not formally filed. lnvestigator Pender advised he keeps notes "11 IIIS cases. He was asked specifically if he took notes while working the case involving Ms. Hoffman. He said he did and could provide his notes if requested later. lnvestigator Pender said he completed the confidential informant packet on Ms. Hoffman on April 18, 2008. He said he provided Ms. Hoffman with theI opportunity of calling her attorney (Johnnie Devine) but Ms. Hoffman did not want to. He stated, "She told me at that time she did not want to call Johnny Devine, 1.1. # 08-21 Page 81 of 199
  • TALLAHASSEE POLICE DEPARTMEN I INTERNAL AFFAIRS UNITthat she did not trust Johnny Devine, that he had made multiple passes at herfriends and her, and some of her friends that I guess he had represented in thepast, and none of them liked him or trusted him, and she didnt feel comfortablecalling him. I asked her at that point, is there anybody else you would like tocall, you know as far as do you want to try to obtain another one," (Page 73:4-23). lnvestigator Pender said Ms. Hoffman did not wish to contact anotherattorney. She reportedly felt comfortable and trusted the investigators. She wasthen read her Miranda Rights for the second time. (Investigator Pender said Ms.Hoffman was read her Miranda Rights at the apartment during the searchwarrant).According to lnvestigator Pender, Ms. Hoffman signed and initialed the requireddocuments in the CI packet. He said he also expressedthe importance ofconfidentiality with her. When asked if he told Ms. Hoffman not to speak tosuspects (the several in this case) outside of his control or presence, lnvestigatorPender answered, "Yes. Thats a general direction that we give. Not specificallyto each one, but a general that we give," (Page 769-14).lnvestigator Pender said he ran a background check on Ms. Hoffman prior toApril 18,2008. When asked if Ms. Hoffman was employed, he said she was notemployed at the time. "As a matter of fact, one of her statements post-Mirandawas, this is my job, selling drugs. So thats how she made her money," recalledlnvestigator Pender (Page 76:21 - Page 77:2).when asked if he did the standard background checks on Ms. Hoffman heconducts on potential informants, lnvestigator Pender advised he did. Heanswered, "Yeah, DL, FCICINCIC, local," (Page 77:3-5). He was then asked ifthe criminal docket was put in the CI packet that was given to Sergeant Odom.He asked for clarification, "Are you talking about the printout, FCICINCIC? Yes,"(Page 77:6-9).lnvestigator Pender said Ms. Hoffman told him she was participating in the drugcourt program. Her participation in the program was not a problem for him.When asked if he told his sergeant, David Odom, Ms. Hoffman was participatingin the Drug Court program, he answered, Yes. 1 dont know at what point I did.If that comes up, I dont know. Thats your answer. I dont know when I told him,but I know he was aware," (Page 77:19-24).According to lnvestigator Pender, Ms. Hoffmans participation in the Drug Courtprogram was not an issue. He said, "No. Because like I said, it was a generalpractice for the unit that we worked Cls that were in Drug Court or pretrialrelease and things of that nature," (Page 78:2-5). lnvestigator Pender said he didnot notify the State Attorneys Office and make them aware he wanted to use Ms.Hoffman has a Cl (Page 81:22-25). He advised he didnt because it is notsomething that his unit does. His unit addresses probation and parole status. 1.1. # 08-21 Page 82 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT lnvestigator Pender did not know if Sergeant Looney, Lieutenant White and Captain Connell were aware Ms. Hoffman was participating in the Drug Court Program. "I know that we briefed on many occasions. At one point we sat in Lieutenant Whites office; that would have been myself, Lieutenant White, Captain Connell; it was either Looney or Odom; I dont recall which sergeant at the time. It might have been the day of the operation that we all sat in there. But we briefed on multiple occasions. And I know one of the issues (on the day in question the 7", 1 think it is?) Yeah, the day the day of the incident, we had to wait for her, because she had to go take a urinalysis for Drug Court. So whether or not that was discussed in a group setting of, hey, we have to wait until this time because shes doing these things, I know it was portrayed at least once, if not definitely more," (Page 78:22 - Page 79:l I). lnvestigator Pender advised Captain Connell, Lieutenant White and Sergeant Looney and he discussed how the operation was going to go. He said, "It was basically the gist of what we were doing, what her operational goal was for that day, what we were assigning, okay, this is the operational plan; this is what we want to do. I know I briefed them on a lot of her conversations with them on the phone, how we got to where we were, as far as from the last time we had a briefing, which was on the ~ 2 " to the controlled contact that we had with 0 ~, m to phone calls from the e e t to now. Thats pretty much it. It was basically updating where were at, whats been said, what were doing, and why were doing it because of whats up to this point," (Page 80:13- Page 81:2). When asked when Sergeant Looney became involved in the operation, lnvestigator Pender advised it was on May 7, 2008. When asked to explain what level drug dealer Ms. Hoffman was, lnvestigator Pender said she believed she was insignificant. He stated, "She felt that she was kind of insignificant, that she just helped her friends out getting some, as a matter of fact, free weed for her friends, free cannabis, and that she was kind of a mule, slash bookkeeper for a - - who she felt was a major drug dealer," (Page 87:2-12). He then advised what level he thought she was. "I felt that since she was participating with a major drug dealer, and actually conducting all the deals for him, that made her a major drug dealer," explained lnvestigator Pender (Page 87:13-16). lnvestigator Pender advised Ms. Horrrnan named possibly four people in Tallahassee who were selling drugs and he attempted to develop leads on them. He was unable to go after her supplier because after it was learned her house had been "raided" he would not deal with her. That supplier was reportedly Tom Salinsky. When asked h o w a m e into play, lnvestigator Pender advisedq t e d , "Yeah. She never purchased drugs from m. was one of the people Ms. Hoffman had knowledge of selling drugs. He actually purchased .--- 1.1. # 08-21 Page 83 of 199
  • TALLAHASSEE POLICE DEPARTME,. I INTERNAL AFFAIRS UNIT drugs from h e r . d u r c h a s e d cannabis Pender was asked what the significance o drugs from Ms. Hoffman. He advised she had knowledge that sold drugs in past. "As a matter of recalled lnvestigator Pender advised Ms. Hoffman did not sell cocaine, she only dealt with cannabis. lnvestigator Pender said he did not get an explanation for the Valium present in her apartment. The MDMA and ecstasy she had at her apartment was reportedly purchased at the Suwannee River Music Festival. She purportedly told lnvestigator Pender she bought them to get them off the street because she did not like that type of drug. lnvestigator Pender agreed that sounded ridiculous, but said it did not seem ridiculous coming from Ms. Hoffman because she was a very "earthy" person. (Page 91:12 - Page 92:lO). he and Ms. Hoffman attempted to do a deal e advised he did. Ms. Hoffman made controlled phone to bu MDMA f r o m lnvestigator Pender t h a t s a i d a lot of t to Ms. Hoffman, which made larger dealer than what was. Investigator Pender classified has a middleman who would go and get drugs someone seeking to buy (Pa not do the search warrant a dorm and it may not a buylbust scenario. Investigator Pender advised he discussedh t - MS. Hoffman on April 18,2008, the same e in to do her pac et. When asked what occurred for the deal with o not work, Investigator Pender said he told Ms. Hoffman they would another day when- had the drugs and the Vice Unit had more time to do the deal. lnvestiaator Pender said Ms. Hoffman called him on his work cell phone in the late e k n i n ours of A ril 18, 2008 and told him she had good ahd bad news. Apparently, had found out from friends that a search warrant had been served at her resrdence. lnvestigator Pender advised he briefed Ms. Hoffman on how to handle the situation i f she were confronted, but instead of coming up with a quick explanation she choked and confessed her confidential informant status. He said, ke. Basically thats what she confessed to me that day, is listen, I choked alled me on it; I didnt know what to say, so I came clea I said, what do you mean you came clean? She said, well basically I t o l h , yeah, Im trying to work for you guys so that I stay out of trouble, things like that. I said, thats not the ideal situation. I told you,- you - -I should have-made something up," (Page The good news Ms. Hoffman had for Investigator Pender was as a friend of hers 1.1. # 08-21 Page 84 of 199
  • - TALLAHASSEE POUCE DEPARTMENT INTERNAL AFFAIRS UNIT and wanted to help her and meet wit nder. Investigator Pender said he told Ms. Hoffman to bring to the police station the fo~~~.i;ty~ the appointment scheduled and he would When asked if he had any apprehension about continuing to use MS. Hoffman as a confidential informant after she revealed her C status to I Investigator Pend "Yes and no. I did immediately -- right them. Once I interviewed&as WUbf very much an her side, i Page 97:22 - Page 98:). When asked xplain, Investigator Pender did . W w a s very - - a team P& if you will. W give me any signs tha I ould have given that information out, because wanted to h I her, in the terms of providinw and that with multiple people in Tallahassee t h a t s k n e w that dealt drugs, anted to not only provide that information, but actually physically do work to benefit her." ender said he interviewed there to t & co-sig or bill and the other person auld get paid for working with to pay his utility bill.Investigator Pender said he told could work for either thefinancial assistance or to assist -Yboth. He stated, "Basically, I told o man with the charges, it could not be hat I tell everybody that wants money andwants to get out of trouble is, its one or the other. You cannot work for. us, and Ipay you for the work that you do, as well as help you with charges. If youre hereto help Rachel with her charges, then the work you do can help Rachel with hercharges. If youre here to get paid for your w then youre going to get paid foryour work. Its not going to be a dual act. h a i d he understood that. They -began to discuss, you know, hey, I want - I want to help you, but I also need themoney. And they started discussing it. Well at this point were in an interview,kind of like we are here today. Were in an interview, and I dont havthem to banter back and forth about why hes here. I was speaking ttold them, listen, now is not the time for yall to discuss it. You can discuss itwhenever you leave. You can do whatever you want to do. But right now I needyour attention; we need to talk about this," (Page 100:2).Investigator ~endersattention was directed to h rt concerning theApril 21, 2008 meeting with Ms. Hoffman and His report wasread. He wrote. Hoffman an5egan!!!%they were going- --- .--------.-- 1.1. # 08-21 Page 85 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT I to work out the substantial assistance. I interrupted their conversation and explained that this was not something I needed to know at the time." lnvestigator Pender affirmed the statement. The report continued, "I directed them to work time and let me know. I then interviewedT n the as familiar with selling illegal narcotics in the a a assee verified that statement as well. When asked if assistance was to be credited to Ms. Hoffman, lnvestigator . t on. I will answer that long unfortunately," (Page 102:1-5). Investigator Pender said he told -assistance would be one or the other (help Ms. Hoffman or financ~a assistance). "In the part of the report where I wrote that this is not the time to di it, wewill worry about that later, the wayl explained that to them is, I s a i d , m his is the way its going to work, not for you guys to discuss it now and us to figure it all out. It is, if you walk in the - door today and say, okay, were going to do - go down the list of guys. Were going to do this guy, and were going to ihoot control calls, do this buy, and it all works out, and we get another case, before we do anything, when you walk in the door, before, we make the first phone call Im going to ask you, what are you here for? Are you here for financial gain, orare you her for Rachels charges? And I said; whatever that is for that day, whatever your plan is, your goal, thats what we will do. I said, but you caht do both. You cant do the deal and then aJ week later go, hey, by the way, I wanted that for Ive credited it towards ,her charges. Thats the way I portrayed it to I said thats not something we needed to figure out toda " stated Pender (Page 102:6 - 103:3). lnvestigator Pendersaid-hose to work for Ms. Hoffman. Investigator P e w a i d Ms. Hoffman a dw r n - ee not dir 1 her paying him for ssistanc Wing toward her were trying to figure out wh& as there, to help her or help lnvestigator Pender was then asked if Ms. Hoffman was going to pa for helping her. He answered, "I found out after the fact that she wasnt necessarily for -- I take that back. Thats kind of a leadin - I d i d not necessarily pay her to she did not necessarily pay o work for her. She portrayed that to me later on - t h a t m had already done the deal, a deal for us with a subject. .. In that case, once it was completed d already told me during that day, well this is for Rachels charges and all that. She actually called me and wanted to charges, because she was very concerned. I told her it was, tha Id me it was. She said, okay, good. Just so you know - thing - - myI a gave me money, and I going to need to get that. That was up to you. - - - - ---- -. -- so I dont think oing to be doing it for 1.1. # 08-21 Page 86 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT to help me. It was h e l p e d a s a friend, paid off w d e b t for o we kind of took care issue about wanting to get paid. And I said 105:4 - Page 106:9). lnvestigator ~ e n d e was asked if Sergeant Odom w r aware, Ms. Hoffman had revealed her confidential informant status t o He answered, "Yes." When asked if Sergeant Odom had issues with her continuing as a confidential were setting v - informant, he responded, "Yeah, originall I ean because it sounds bad, if you just say i By the way, she told the 4 we were setting up yesterday we p. Thats kind of out of t e scope of what we normally deal with. But then reiterated to him, she was forthcoming, called me immediately thereafter. She was honest about it. She didnt try to withhold that information from me and things like that. So he was on the same page I was and that it was still adequate to use her," (Page 106:14 - Page 107:5). lnvestigator Pender said he was unaware if Sergeant Odom tolc supervisors Ms. Hoffman revealed her confidential informant status. For clarification affirmed that during the meeting he had with Ms. Hoffman and it was a conversation between the two of them on whether or her or to receive financialI assistance. nder was told the question (issue) is whether or not Rachel was Investi@& paying and whether or not he was aware of it. He responded, "I understand. And its hard to say no, because it sounds like thats what they did. But the only way I can really explain it is if you had a friend or a family member that was in trouble and you wanted to help them, but you needed help yourself, and they could help you, and you could help them. It wasnt so much that, Im only going to help you if yow help me. It was more of, well, I need help, and you need help, so were going to help each other. See what Im saying?" (Page 110:9-23). Investigator Pender was Ll asked, Were you approving of one contide . .L-L-- informant to pay another one for the su~srantial assistance to be sought?" He replied, "Not in that realm, no. Not in that capacity,, not if it was - -,"Page (111:2- 6). lnvestigator Pender was directed back to his offense report (page 8 of 14) which read, "On April 24, 2008, met with investigators at the Tallahassee Police Department, vice an narco ics office to attempt controlled calls to the black male known to .him as Flea.. .. (Investigator Pender agreed and said Flea was Octavius Martin. The report reading continued) ..:These phone calls led to aI buylbust operation conducted at 1001 Ocala Road on the same date. See also case number 2008-13480. This case was counted toward Hoffmans substantial 1.1. # 08-21 Page 87 of 199
  • TALLAHASSEE POLICE DEPARTMEN I INTERNAL AFFAIRS UNITassistance. During this contact advisea t h a t m a n d Hoffmin madethe arrangements that she would give- oney, and the substantial assistance provided this office would her charges." Investigator PenderEsponded, "Yeah. Thats poorly articulated. But, yeah, thats what I meant by --all the things that Ijust explained without having six sent nces or six paragraphs -mor haveabou what that meant. But, yes, it was the deal t h a t d i d n t need to - it was me the, I dont need to make the money, because she paid mydebt for me. It wasnt, I dont need you to pay me: Im doing this for Rachel,because she paid me to do it. It was more, she paid my debt, so I dont need mymoney now. See what Im saying? You make@ sound so dirty, like it was thisdirty deal that they idid on the side. It wasnt that way," (Page 111:21 - Page112:25).lnvestigator Davis told lnvestigator Pender she only wanted it clear tor therecord. He then stated, "I know. Im just saying thats what it was. It was more,she took care of my financial responsibilities, so I dont need the money. Imdoing this solely for Rachel. Thats why Im here," (Page 113:l-5).When asked if he told Sergeant Odom about what transpired and their financialarrangement, lnvestigator Pender advised he did. He was then asked whatSergeant Odom said, he stated, "Okay, as far as I remember, I think it was justkind of a briefing, hey, this is where were at, and he said okay. I dont know ifwe went into it anymore than that, but -," (Page 113:6 - 14).lnvestigator Pender was asked what type of person Ms. Hoffman was. Headvised she was a very intelligent person. "Like I said, I mean, she graduatedfrom FSU. She had a degree. She was very friendly. She was very forthcomingwith information. I think that goes for everybody. Very much so to me, 1 felt.She was very honest with where the illegal drugs that she obtained came from,her involvement in selling illegal drugs. She gave me more than what I had onher, which is a good sign that somebody is being truthful ...I1 said lnvestigatorPender (Page 114:11-25). lnvestigator Pender said Ms. Hoffman did not say or do anything, that would leadhim to believe she was incapable of doing an operation. He stated, "No, just the Iopposite. She was very competent. And her street slang of drug terms used indoing deals, she was very, very good at discussing those over the phone, using 1slang, using shortened sentences, the things that they do, different slang for notonly drugs, but money, very good at numbers. As far as her education goes, shewas very good at math. You could give her numbers, and she could do them inher head rather than writindthem dofln on paper. So she was very quick to writedown amounts. If you gave her a price per drug, she could tell you how muchshe was going to pay on a total package, if it was five pills or 100 pills or 1,000pills or 1250 pills. It didnt matter what the number or mixture was, she waspretty quick with ! was very intelligent when it came to that. But very, very 1.1. # 08-21 Page 88 of 199
  • TALLAHASSEE POLICE DEPARTME,. I INTERNAL AFFAIRS UNIT - - I have to stress that - very well versed when it comes to street slang and talking the dope game," (Page 115:17-Page 116:11). lnvestigator Pender believed Ms. Hoffman was competent and when he compared her to other confidential informants he stated, "Because I deal with a lot of *Clls, she was one of the better ones at talking the game and being involved." lnvestigator did not know - sold guns, that they sold they obtained rims from M they were selling out of the business up there at whatever it is, and that they were u s i n g a money laundering scheme, that they were just bad dudes, as far as everything they did was a1 criminal thing. Thats what I mean by bad, not like they were mean or aggressive or scary, just bad as in they didnt do anything legitimate. Thats the waymportrayed them," (Page 118:10 - Page 119:2). Investigator Pender said he asked a series of question about his relationship/involvement with to know how ofien bought from him, how much o u g h t , etc. &Thenit came down to they left. And approximately an hour or two after they had left, Rachel had called me and told me that she actually met them, and that it was actually a good thing, because she had already known them. The way she knew them is when she returned from the music festival in Suwannee County that her car was filthy from being out in the mud, all that crap, whatever they did out there, and it wreaked of cannabis from all the stuff she brought over there that they were smoking during the festival," said lnvestigator Pender (Page 119:22 - Page 120:6). Accordin to lnvestigator P der Ms Hoffman told him when she got her car detailed the she met with- L, as the same person who cleaned her car and they had actually already met. During the first time they met, r e p o r t e d l y commented on how good her car smelled and the fact that he wanted to get some of "it" from her. Investigator an-eft the police station, "The way it wa ortrayed in the car, flagged1 Rachel to pull in. They pull into the parking lot and at p at dpoint w actually o n p introduces Rachel n d says, hey, you know, hes like, yeah, I know her, to 1.1. # 08-21 Page 89 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT the point they actually - they hugged or shook hands or something. And that conversation led to well, you know, shes looking. Are you cool with her? And he said, yeah, Im cool with her. And they actually exchanged phone numbers. So that was Rachels introduction to them. And actually Rachels way in was that at that point she didnt n e e d anymore to discuss those things; she had number a n d approval to call him," said lnvestigator Pender (Page 120: 19 - Page 121:10). icemed about Ms. Hoffman and knowledge, lnvestigator said they could have discussed things that were very incriminating and he was not privy to them. He said he could have captured evidence through audio recordings, but since he was not there he was unable to. "But as far as them going and making that contact? There was no real concern for me at that time, because I believe, like I said, that they both had the right intention, that they were both there to make the cases for Rachels benefit," (Page 121:16 - Page 122:6). lnvestigator Pender said he did not care whether Ms. Hoffman o r d i d the deal with -he was concerned about having sufficient PC to arrest. Pender said he did not direct Ms. Hoffman and to go to He said they did that all on their own. (Page 122: 2 When asked why he continued to use Ms. Hoffman after she and- met with-out of his control. lnvestigator Pender stated, "1 didnt feel that that was something to dismiss their CI status. The only direction that I had given them prior to that was, dont go meet or call drug dealers that you potentially are going to make cases against and make deal with them. From what they told me, I didnt necessarily believe it right off. 1 actually questioned her about it, was that it, was just a chance encounter, you know, that they didnt drive straight over there to talk to him, to make the case. So I asked. I said, its kind of funny you leave here, and immediately after you et done talking about into him. She said no, no, no, he s a w b i n my car and flagge own, so thats why we pulled in. Could that have been a lie? Yes. Had my knowiedgeat this point? No. So there was that issue. The other issue is, is they have to do - - at some point they have to do these meetings without our presence. We frown upon it. We tell them, try not to. But there are a lot of encounters, whether physical or phone, that theyre going to have with the people theyre dealing with that we cant control," (Page 123:l- Page 124:2). lnvestigator Pender was asked what assurance did he have that Ms. Hoffman told him everything that occurred at the meeting. He said, "The assurance I could have, and that was based on her story and his story of what occurred,"I (Pagel25: 3-6). Investigator Pender did not have knowledge of M4. Hoffman, or -setting up a deal outside of his presence. He said the way he 1.1. # 08-21 Page 90 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITcould tell an outside deal was not conducted was because of the telephone callsthat were made later. "They did discuss things like what she was looking for, butnot how much, which is okay, by our standards, because if you dont go out thereto find it, youre never going to find it...,"stated lnvestigator Pender (Page 125:9-19).When asked if he trusted Ms. Hoffman, lnvestigator Pender advised he did. Headvised, "Like Itold you before, she was very honest with me, forthcoming at herhouse, as far as her dealings in the drug world, what she was doing and whatwas i n her touse. Prior to the search warrant even getting there she told OfficerPate, I haie drugs in my house. I mean, all intents and purposes, she, at that -point, to my knowledge, had been truthful of everything, including things thatwere bad for her, things that werent going to help her; they would only hurt her,she was forthcoming," (Page 126:11-24). lnvestigator Pender was asked if otherthan being forthcoming had Ms. Hoffman done any operations or anything thatchecked out. He advised it was her word and the phone calls she made. Investigator Pender his sergeant, David Odom about Ms. Hoffmans meeting with He said Sergeant Odom had concerns, "like a He would look at the scenario and say,whoa, you mean she called the guy that she was going to set up yesterday andtold him that she was working with the police? Then I would Have to explain it to:him, no, thdts not what happened. He called her and called her on it. And she isjust I guess either too honest with her friends, or she wasnt good under pressureor what the case was in that scenario. But she couldnt come up With a lie, andshe ended up telling him the truth. In this scenario, it didnt hurt her. In the grandscheme overall, who does it hurt? It doesnt necessarily hurt us. If she cantwork, cant do the job, we just charge her. We say, you attempted it, and you did -this," said lnvestigator Pender (Page128:15 Page 129:4). lnvestigator Pender was told Sergeant Odom signed off Ms. Hoffmansconfidential informant packet on April 28, 2008. He was then asked why it wassigned off on so many days after the CI packet was completed (April 18, 2008).He advised he could not answer that question. He then confirmed the firstoperation involving Ms. Hoffman was set up for April 22, 2008. When asked ifMs. Hoffman was used as a Cl prior to being approved by Sergeant Odom,lnvestigator Pender answered negative. He stated, "No. I mean, I was trying tothink. You said he signed off on the 28h. No, to my knowledge it was approved.Again, its not a formality. Its not a formal meeting where its a formal statementof, okay, he comes in my cube and calls me in his office and says, just so youknow, Rachel Hoffman is now (an) approved CI to be utilized. Its here is (sic) theinformation. He does what he does. Then I get information from a CI or potentialCI at this point 1 guess. And I say, okay, here is an ops plan, and I hand it to him.He either approves it or doesnt approve it. If she wasnt approved, Im assumingthe ops plan wouldnt be approved. Were not using her. The fact that he would - - - 1.1. # 08-21 Page 91 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT approve it would lead me to believe she was approved," (Page 131:16 - Page 132:17). lnvestigator Pender advised Sergeant Odom was present for the April 22, 2008 operation and a member of arrest team #I. He concurred that if Sergeant Odom was present and participating in the operation, he approved of the operation. lnvestigator Pender advised the April 22, 2008 operation was designed to go at Ms. Hoffman was to drive into one of the vehicle work bays and the deal would take place inside. When Ms. Hoffman reportedly expressed concern to m a b o u t doing the deal out in the open he, according to lnvestigator Pender told her, "Its nothing; we do it all the time. We just pull into a bay, act like were doing work on you car. We do the deal, and were done," (Page 133:15-I7). lnvestigator Pender stated, "since he was so comfortable with that, and it was an ideal location for us, as far as open, concrete building, things of that nature, we utilized that as a location to do the buylbust for the 22"," (Page 133:20-23). lnvestigator Penders attentitjn wa drawn back to the meeting with Ms. Hoffman, - a n d w a d a t d . He was asked if a deal was worked out during tha mee rng. lnvestigator Pender advised they did not. lnvestigator ~ender said he asked Ms. Hoffman if they discussed drugs and she told-him,1 "yeah obviously." According to lnvestigator Pender, Ms. Hoffman did not say what she was looking to purchase or the amounts. Which he was able to verify during the controlled calls. He stated, "The only thing they did discuss outside of necessarily MDMA or cocaine or cannabis or whatever it was that she was going -- to buy from him was a gun. And the reason that came up is because the only reason I know this is because she referred to it as those pictures you showed me. And 1 believe that he showed her pictures of guns," (Page 135:14-20). lnvestigator Pender said Ms. Hoffman may have told him how the conversation of guns came up but he did not recall. lnvestigator Pender said he completed an operational plan and there was a briefing. He did not recall what he said about Ms. Hoffman at the briefing. When asked what steps he took to identify the suspect,-, lnvesti ator Pender recalled, "On this occasion, I did multiple hours of surveillance at & I -- also conducted durin rveillance, obtained multiple tag numbers, ran all the tag numbers throug rough DAVID, to try to come back. Anybody that was linked to that, I ran tag numbers, the registered owner of those tag numbers to see if - it was a white female who wned the car, it didnt necessarily mean that she wasnt linked to him. So I ran see if they had any history of anything in our system that would link them to that. I did a license search to find out what was licensed to own that business. I ran! n that person. I ran at h n that person. I ran every relative that I could find on at person to try to identify him, and I wasnt able 1.1. # 08-21 Page 92 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT to. I actually pulled multiple pictures of black male that she gave me of the description of -and wlu me rough age range gave me; they both gave me a description of him, and printed those out and showed her pictures..." (Page 1383 1- Page 139:9).lnvestigator Pender advised Ms. Hoffman was unable to verify the identity of-through any of the pictures he showed her. lnvestigator Pender was told ViceSOP (Standard Operation Procedures) 10-1 states, "every reasonable effort mustbe made to ensure that any person identified as being involved in drug traffickingactivity be identified as fully and accurately as possible." He was then asked ifhe made every reasonable effort to identify the suspect know as w Heanswered, "Yes, including taking a photograph of him while doing surveillanceand providing that at the briefing to say, its not a great picture; its from adistance, but this is him, according to clothing description, more importantly hishat," (Page 139:24 - Page 140:12).lnvestigator Pender passed his caselfile folder to lnvestigator Davis and showedhim a photograph of a person he believed w - at the time. (The photographin his file was a lot clearer than the photograph provided to Internal Affairs for thepurpose of this investigation). He stated, "Thats the picture I was talking aboutwith- As you can see, there is no way you can tell facial features from thatphotograph. Its from 200, 300 yards away when I took the picture. I zoomed inas best as I could with the camera," (page 141:4-14).lnvestigator Pender said the April 22, 2008 operation did not go because"kept putting us off, saying he had to get with a supplier that was running late to -get to town." "It got to the point where it just wasnt - it wasnt in our bestinterest to wait any longer as far as the personnel that we were holding at thattime to conduct the operation," said lnvestigator Pender (Page 141:17-25)."Typically we dont wait forever just because, in the drug world, people dont waitlike that forever. So you have to try to keep it as natural as you can. And it was -well beyond that comfort level, as far as, okay, well, thats a reasonable amountof time for him to get it. We should be able to do the deal. When that clidnthappen we called it," said Investigator I (Page 142:2-9).When asked what happened with Ms. Hottman between April 22, 2008 and May7, 2008 with Ms. Hoffman, lnvestigator Pender advised phone calls. He stated,"Just phone calls. She had told me, you know, that --for sometime in the fewdays that had not contacted her. I told her that was fine, not to contact him.I wanted it to be more of a -- I wanted her to stay in control. The way I had thatplayed out is because of the back story that we had developed," (Page 10-19).lnvestigator Pender was asked to explain what he meant by "in control". Headvised he wanted her to stay in control of their relationship, the relationshipbetween-and Rachel. He did not mean in control of the operation or deal.- - -- - - --.--- - - 1.1. # 08-21 Page 93 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITlnvestigator Pender was asked h o w 4 ! ! 1 became involved. Headvised, when -made contact with Ms. Hoffman he apologized for not beingable to come through with the deal. Ms. Hoffman reportedly told him he hadmade her look stupid with her Miami supplier (which was the cover storylnvestigator Pender told her to say). Ms. Hoffman and-did not speak for afew days.On May 5, 2008, Ms. Hoffman went to the police station and with the assistanceof lnvestigator Pender and lnvestigator Kevin Miller, controlled telephonecontacts were attempted with lnvestigator Pender stated, "She attempted tocontact-by several different numbers that she had for him on several differentattempts for each number. He failed to answer on all of them. Some of thephones were turned off. Some of the phones ran out of minutes; they wereprepaid. Some of the phones just went to voice mail," (Page 145:4-11). lnvestigator Pender said after failed attempts to cell phones, they decidedto call the business because they had success in the past calling the businessand r e a c h i n g m there. When Ms. Hoffman called the business she was told was not there. The person a h -o t answered the telephone wasreportedly short with her. According to lnvestigator Pender Ms. Hoffmanbelieved if she went t- o and- was there he would speak with her.After discussing it with lnvestigator Miller, lnvestigator Pender thought it wasworth a try. They put a wire on Ms. Hoffman, got a safety and a wire teamtogether and followed her over there to do what they call a "dry meet" whichmeans no money or drugs involved. They followed Ms. Hoffman o t-When she gets there a male now known as -approaches herimmediately. lnvestigator Pender stated, "...He recognizes her immediately.You can tell by the conversation shes trying to introduce herself and hes like,yeah, li know who you are. He already knew who she was," (Page 151:9-13). lnvestigator Pender said Ms. Hoffman started explainin the deal she made with to , Pender said-portrayed who identified himself as db brother. Investigator that he was the "big man" and going tofacilitate the deal, and its his deal. The meeting with Ms. Hoffman and-a s t e d approximately thirty minutes.When asked if he believed m a s out of the picture based on the conversationMs. Hoffman had w i t h He advised he did not because they werebrothers. "...They claim that they do all of their business together, they kind ofwork as a team. I assumed that-was still in the picture. But maybesince he was the one out in the open, up front, because typically in the druggame, if you have a known dual party selling group, where they sell together,they guy thats out in the open, the guy that does all the talking is typically thelower man on the pole. The guy that really doesnt talk is the higher man. So Ithought maybe that was the hierarchy here," stated lnvestigator Pender (Page 1152:3- 9).------- ---.---.. .-.--- -. ----.--. --- - - - "-- ------- .--- 1.1. # 08-21 Page 94 of 199
  • TALLAHASSEE POLICE DEPARTMEN I INTERNAL AFFAIRS UNIT After the "dry meet", Ms. Hoffman was debriefed. She reportedly told lnvestigator Pender-was nice and she felt comfortable with him. According to lnvestigator Pender, Ms. Hoffman called him later that night and advised, "He called me and said hes got it, got the drugs. I said, well, were not doing it. Just tell him your guys arent in town until Tuesday 1 think it was, and we will go from there, and kind of put him off. I forget what days these are. Couple days, my guys will be back in a couple days. When I get the money, we will do the deal," recalled lnvestigator Pender (Page 153:l-6). lnvestigator Penders attention was directed back to his offense report. lnvestigator Davis stated, "You wrote, Hoffman stated -told her.that he had all the items she was requesting. Hoffman told that she was waiting on her friends to bring the money to her and that he would have to wait until the following day. This phone call was again out of my presence and not controlled. During this phone conversation I also advised Hoffman I would not be able to conduct the operation on this date. I told Hoffman that we would have to plan the deal -- plan to do the operation on May 7, 2008." lnvestigator Davis stated, "According to Vice SOP 10, 6, 4, if possible, the informant should not make prior arrangements for the transaction, location, method of exchange, price, etcetera, and not make any commitments you would not be able to keep. When asked if1 he were concerned about Ms. Hoffman setting up potential deals and having conversations outside of his control and without his knowledge, lnvestigator Pender answered, "No." (Page 153:10- Page 154:5). When asked if he were concerned that Ms. Hoffman could have said something to tip off a n d ( _ ! & she was working with the police that like she did with Investigator Pender replied, "No, No, No." When asked if he had any way of knowing whether or not -and were capable of producing the amount of product requested, lnvestigator Pender - stated, "Not for sure unless they brought it to the deal. Thats - thats just the -- in the past, as far as the prices they , as far as the dea far as their back-story where it was coming from, which was somewhere in * nature of the beast. You go off of a lot of times you go off of their confidence level in the game theyre talking. You go off the numbers they give you, price per pill, price per ounce, price per what From the information I received from ding on what you dealing in. ad done s per pill for the MD A, and as Georgia, which I believed was Atlanta, just because its a source city, that it was all in order for them to be able to do those deals, otherwise li would have never done those deals," (Page 154:12 Page 155:5). lnvestigator Pender was asked what product was being sought in the April 22,I 2008 operation. He answered, "MDMA and cocaine, and the potential to view a - gun, I believe, It was - and the only reason I say "potential" is because they 1.1. #08-21 Page 95 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT - never discussed - to my recollection, they may have, if we go back through the notes, I might find something. But to my recollection, I dont remember them specifically saying - and it could have been that deal; it may have been the 7h-. But either way, I dont remember which deal it was where they actually said, these are the two guns that I can sell you. I know prior to one deal it was, well, what do you want? Do you want an assault rifle or a handgun? She said, Im a girl. I just want something small to protect myself because Ive been home invaded, because she had been robbed at her house twice and tied up and that whole thing. Obviously people knew she was in the drug game and came and robbed her for that (Page 155:6-24). lnvestigator Pender agreed the first deal was for MDMA, Cocaine and possibly a firearm. She was not seeking cannabis because she was a cannabis dealer. He advised there was the possibility of a gun. He recalled him showing her pictures of a gun but never a commitment. lnvestigator Pender was shown a copy of the April 22, 2008 operations plan, which did not have firearm checked off. He then - stated, "I dont know, because its - its not checked off in here." lnvestigator Pender was asked if he asked Ms. Hoffman to seek the purchase of a gun to increase her substantial assistance. He answered, "No." He was then asked if he was concerned that the operation (after the.lllll)dry meet)I would now contain two suspects. He advised he was concerned because there was the chance they (the two suspects) could both show up. lnvestigator Pender was asked if the May 7Ih operation was a buylbust or a controlled buy. He advised it was a buyhust. He was then asked to explain what they are and the differences. He stated, "A buylbust would be a buy where a CI, UC (undercover) somebody in that capacity working in law enforcement would make contact with a suspect to purchase, typically in buylbust scenarios, a large amount of illegal drugs, and where they are arrested on scene when they arrive. Depending on the actual scenario itself could determine whether it was when they arrived or when the drugs actually seen by that entity working for law enforcement." " A controlled buy would be typically from a residence. You can do it from vehicles as well, where you have a known suspect, where you would purchase - you would do the same thing as a buylbust, but instead of arresting them on scene, you would let them leave and arrest them on a later date," (Page 158:15 - Page 159: 10). lnvestigator Pender was told the operational plan for May 7thlisted the operation as a buylbust. He then affirmed it was a buy bust operation. When asked if flash money is used in a controlled buy, he advised it is not. He said buy money is used in a controlled buy. He was then asked how confidential informanla d ~ t ;dsed in buy-bust operations1 according to SOP. He answered, "If its the one I think youre referring to, it says that you should attempt to utilize them as an introduction to a UC (undercover 1.1. # 08-21 Page 96 of 19!
  • TALLAHASSEE POLICE DEPARTMEN I INTERNAL AFFAIRS UNIT officer)," (Page 159:23 - Page 160:4). He then advised that doesnt occur in all C thats - - the potential would be two reasons; one, they dont feel comfortable I doing it. It makes them act out of character," (Page 160:2-21). in controlof the operation. He introduced Ms. Hoffman Hale and Kevin Miller to see if she would be comfortabl-she reportedly told lnvestigator Pender ou o c arac er. When asked if he was allowing Ms. Hoffman to control the situation, he responded, "No. I dont believe so. Because I could.have still said, were not doing it without them. I didnt think it was a necessity to do that," (Page 162:21- 24). lnvestigator Pender was asked if flasn money is ever out of the investigators - control in a buylbust operation. He replied, "Yes and no. Because - and this is kind of where it gets into the ops phn. I document it as flash money. It was not deemed and used as flash money. Flash money is where you do use a UC, and your CI is there doing the deal. They dont have any money on them. And they say, well, do you have the drugs? Do you have the money? I have to make a phone call. The money is here, but I dont have it with me. My guy has it. You do like a parking lot deal where the guy pulls up in a car; the UC pulls up in a car, opens the trunk, opens the duffel bag, shuts the trunk and drives off and goes okay, my money is here, where is you drugs. That would be a flash," (Page 164:7-25). He continued, "So its documented in my ops plan as flash money, and that was just me typing, doing 100 different things and documenting it as 1.1. # 08-21 Page 97 of 199
  • TALLAHASSEE POLICE DEPARTME11I INTERNAL AFFAIRS UNIT flash, because are you flashing it? In a sense you are. Youre not really giving it to him to go and invest in any sneakers. Youre just showing it to him, handing it to him, letting him count it, and were taking him down before that money can go anywhere. Its really buy money and not flash money," (Page 1658-16). lnvestigator Pender was told the word "flash money" is being used because its the word he wrote in his operational plan. He understood. He was then asked if flash money is ever turned over to a suspect S a buylbust operation. He said it n lnvestigator Pender was told, Vice SOP states, the investigator shall make every effort to reduce the informants role in a case to that of merely making the introduction. He was then asked how often confidential informants are used alone in buylbust operations. He said they do often and the practice has been in place ever since hes been doing them. lnvestigator Pender was told Vice SOP 7 states the informant must be under observation until the point he or she enters the location where the transaction is to occur. He was then asked if it were clear in the operational plan who had the duty of watching Ms. Hoffman. He advised the operational plan did not specify who had that duty. He said he deemed the monitoring team responsible for keeping eyes on Ms. Hoffman. "Its not written that monitor team will keep eyes. But that was briefed on, that this is your role; this is your assignment; this is what team you belong to, and this is what you will do," explained lnvestigator Pender (Page 168: 17-21).) According to Investigator Pender the suspect -was not identified at the time of the May 7, 2008 operation. He was identified after the operation. lnvestigator 1.1. # 08-21 Page 98 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Pender said he continued to try and identify (.)after the April 22, 2008 operation. He said, "I believed I continued doing the same things, as far as surveillance. I think I went out there one more time and attempted to make more tag contacts as far as viewing vehicles, potentially, you know, making a contact of some sort and I was unable to," (Page 169:7-13). lnvestigator Pender said the suspec~-as identified at the time of the operation. lnvestigator Pender affirmed, to his knowledge Sergeant Looney became involved with the operation on May 7, 2008. When asked if anyone assisted him with the preparation of the May 7thoperation, lnvestigator Pender said Investigators Vincent Boccio and Kevin Miller assisted him by taking photographs of the (-&address and the nursery. lnvestigator Boccio also helped him by rulin out an address on Coldstream Drive as being associated with suspect d lnvestigator Pender said he met with Sergeant Looney, Lieutenant White and Captain Connell in Lieutenant Whites ofice and discussed what he had and what he wanted to do with the operation. He suspects wanting to do the deal at the house and not a ; locating the) house, writing the anticipatory search warrant warrant approved and signed, getting photographs etc. lnvestigator Pender said Ms. Hoffman never asked the suspects 0where their house was. He said it is very typical for a suspect not to give an address. lnvestigator Pender was asked why he was informing Sergeant Looney and not his sergeant, David Odom. He replied, "He was not at work. I dont know exactly - - I know that he was doing some schools and teaching. I know he trains. Im not sure exactly what those schools and what the training was involved. But I know he was out a lot for that stuff," (Page 173:25 - Page 174:7). lnvestigator Pender said there were a lot of questions asked of him during the meeting with Sergeant Looney, Lieutenant White and Captain Connell. He said the questions he did not have answers for he was told to find the answers. One of the things he was told to get was a photograph of the house. lnvestigator Pender said they didnt have to tell him the operation would not go if he could not get them the answers to their questions. He said its a given. When asked specifically what he told them during the meeting, lnvestigator Pender said he did not recall. He advised he updated them from the point of the April 22, 2008 operation because they were already briefed about what occurred before the April 22, 2008 operation. "...I briefed them on the controlled meet and - 1.1. # 08-21 Page 99 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITgreet with the contacts that were made, phone calls and textmessages she relayed to me, things of that nature, any other controlled calls wemade, those were the things I caught up on," stated lnvestigator Pender.lnvestigator Pender was asked if Sergeant Looney, Lieutenant White and were aware Ms. Hoffman revealed her confidentiality status to He replied, "I do not know. These are things that I know I relayed hether he relayed it or not, I dont know," (Page 176:l-7). , -lnvestigator Pender said he did not discuss the revealing of her CI status at thebriefing with the supervisors on May 7, 2008. lnvestigator Pender was told the operational plan listed lnvestigator Chris Corbitt as being apart of the monitoring team. He advised lnvestigator Corbitt was supposed to be there but between the time he wrote the plan and conducted the briefing he learned he would not be able to make it. When asked if lnvestigator Corbitts inability to be present interfered with the operation running smoothly, lnvestigator Pender said it did not. "...He trained me on the function of that equipment, and I utilized it many times, many, many times, weed and seeds, other peoples buys, other buylbusts, other - - you know, everything that we do using that equipment, I have been typically the monitoring unit for some time inthat unit, as far as the vice unit goes, unless I was needed for undercover -- capacity. Typically, I was either in most buylwalks, from the time I was trained by Corbitt, due to my vehicle, I was either a block vehicle and monitoring unit or -just monitoring unit," stated lnvestigator Pender (Page 177:20 Page 178:ll).lnvestigator Pender said the operation did not require three people to assist withthe monitoring of Ms. Hoffman. He assigned three people because of theoverage of personnel due to Officer Pates involvement.When asked what training he had on the surveillance equipment, lnvestigatorPender advised, "Corbitt put out a list of what he called super users. In thattraining we sat for, I couldnt tell you how many hours, and went through PowerPoint presentations on the function of the equipment, how it works, the intricaciesof it, proper placement of it, how to set it up, even a little troubleshooting, not asgood as he is, by any means, but if there are issues, things to address, things totweak to make it work better, things of that nature," (Page 179:3-12).According to Investigator Pender the Vice Unit has a GPS tracking device. Hesaid it w i s not usedon Ms. Hoffmans vehicle because from hinever been utilized for the purpose of a buylbust operation.lnvestigator Penders attention was directed back to the operational plan, whichhas check boxes for the Watch Commanders of TPD and the Leon CountySheriffs Office and the Communications Section to be notified. lnvestigator 1.1. # 08-21 Page 100 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITPender could not say if those contacts were made. 1 that is e of asupervisor.lnvestigator Pender was asked if the purchase of the firearm was listed in theoperational plan for May 7. He answered, T h e purchase of the firearm was notlisted. The fact that it was to be involved, firearms involved, it is checked yes,"(Page 180:21-25). He said it was also briefed on at the briefing. lnvestigatorPender said he added information to the April 22, 2008 operational plan and hewas focused more on personnel and contingency plans. During the briefing hementioned the fact there was to be a gun. He stated, "As a matter of fact, it wasthe last thing I discussed when I was discussing my major portions of the opsplan. I remember very specifically that Captain Connell said, you need to talkabout the gun. I said, Im getting to that. He wanted to make sure it wasdiscussed, and I did discuss it," (Page:182:15-21).lnvestigator Pender did not have knowledge of Ms. Hoffman having experiencewith firearms. He also advised she was not given instruction on how to handleone or make it safe. He said she was told not to handle it. He stated, "Once thedrugs were seen by her and relayed to us, we were going to move in. Sopotentially prior to her even holding the gun, touching the gun, seeing the gun,we were going to be on top of the car," (Page 183:14-17).lnvestigator Pender advised Sergeant Looney, Lieutenant White, ana ~ a p t a i nConnell were the supervisors present during the May 7, 2008 operationalbriefing. Deputy Chief (Proctor) was not pre e briefing, threecontingencies were discussed, the house on the Wal-mart onThomasville Road and possibly a park. Ms. H told InvestigatorPender,-wanted to do the deal at the park on Old Bainbridge Road where"the rich people play tennis." After discussing at briefing it was determined theywere probably referring to Forest Meadows Park. "So we briefed on ForestMeadows, in the sense that it was a potential. At that time I said, well actually if itdeems - - comes out that it is Forest Meadows, 1 said, thats actually a suitablelocation, based on the equivalent of it being like a Wal-Mart, you know, we couldactually utilize that if it turns out that thats going to be the way it is," statedlnvestigator Pender (Page 189:15-2 1)."There was no - nobody said, no, thats not a good idea. Nobody said anythinglike that. As a matter of fact, I recall looking at Captain Connell as I said it, andhe kind of nodded his head, like, yeah, that is suitable for this type of operation,"recalled lnvestigator Pender (Page 189:23 -Page 190:2). lnvestigator Penderclarified that Captain Connell did not say it was suitable but it was the viewacross the room, a look of acknowledgement.lnvestigator Pender explained the duties of the different personnel involved in theoperation. He was then asked what duties wereHe said they were there for breakout surveillance. -..- --- 1.1. # 08-21 Page 101 of 15
  • TALLAHASSEE POLICE DEPARTMFNT INTERNAL AFFAIRS UNITAccording to lnvestigator Pende,r the TPD officers involved were not officiallydeputized under DEA authority.When asked what safeguards were put in place, lnvestigator Pender said outsideof the personnel, the Career Criminal Unit was there due to the fact a potentialgun was involved. The CCU is equipped with more powerful weapons.lnvestigator Pender said he told Ms. Hoffman to stay inside her vehicle, do notget in their vehicle and having a K-9 available,When asked how it was determined Forest Meadows would be the buy location,lnvestigator Pender said Ms. Hoffman made a controlled phone call and it wasconfirmed it would be Forest Meadows Park. "He gave us the description of thepark and where it was and gave us direction that he wanted to do it at ForestMeadows. At that point, once he confirmed what we had already believed, itwasnt on Old Bainbridge, that it was North Meridian, it was a location we alreadydeemed we felt it was acceptable to do it at. I told her regardless of what hesays, were going to agree. No matter where he tells you to go, say okay. Wecan always change it," said lnvestigator Pender (Page 200:21 - Page 201:5).lnvestigator Pender said if the location is a suitable location, they (the police) willdo it.lnvestigator Pender was asked if he is allowing the suspect to pick the location.He answered, "No. You dont understand me. What you do in that case is forthat controlled call, you allow them to, in this case, because he had already toldher, I dont want to do it at my house; I want to do it at the park. He is the onethat keeps changing the location on us, which is very typical, that they changelocations, is to allow him to believe that hes setting the location. By doing that,whatever he says, like 1 said, I dont care if it was as ridiculous as Gardner Road,or something even worse than that, like out in the desert, say, okay, I will meetyou there. You can always call back and say, you know what? I really dont feelcomfortable; Im by myself. 1 dont want to go there, I want to go here. You canalways change it."According to lnvestigator Pender because he has the ability to change thelocation of the buy location if he does not feel comfortable with it, the suspectdoesnt actually choose it. (Page 202:8-15).lnvestigator Pender believed Forest Meadows Park was an acceptable location.It was discussed and briefed on. He stated, "Then when we call to confirm, heconfirms, yeah, Forest Meadows. Perfect. Now he thinks hes in absolutecontrol. He feels like hes in control of the deal but hes really not," (Page203:20-23). -..-.- - I . - I_--____. 1.1. # 08-21 Page 102 of 19
  • TALIAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNITlnvestigator Pender said he was concerned about counter surveillance butcounter surveillance is something potential for everywhere they go. He said afterthe briefing the controlled phone call was made, it was determined it would beForest Meadows and the teams went to their assignments. He advised he didnot have his radio with him so he used his Nextel and called lnvestigator Miller.He asked lnvestigator Miller to relay the information over the radio.lnvestigator Pender said he did not speak directly to Sergeant Looney andSergeant Looney did not ask questions. lnvestigator Pender said he calledlnvestigator Miller and not Sergeant Looney because he dialed the last numberhe called.lnvestigator Pender said he was familiar with Forest Meadows Park. He was notvery familiar with the area surrounding Forest Meadows. He did not knowspecifically how familiar each member of the teams were with Forest Meadows.He did advise that no one had questions.troops, if you will, on the groun at park to do thejob that we needed to do there. It was somethingthat we dont normally have. It - have, and it wasgood for its purpose, which was to monitor-the house," (Page 209:22 Page -210:4).When asked if Forest Meadows Park, met tne crlterra tor a buylbust location,lnvestigator Pender said, "Yes."lnvestigator Pender was told Vice SOP 10,4 C-l states: avoid crowded locationswhen practical. He was then asked why he agreed to Forest Meadows Park. Heanswered. "Because there were other criteria in there that kind of describe whatlnvestigator Pender said the fact Forest Meadows is a public park and childrenmay be present was considered. He also liked that Forest Meadows was oneway in and one way out.According to lnvestigator Pender, there was no pre-surveillance done at ForestMeadows. He considered the first officers arriving on scene "countersurveillance." He stated, "...When they go in theyre tasked with finding good 1.1. # 08-21 Page 103 of 199
  • TALLAHASSEE POLICE DEPARTME11I INTERNAL AFFAIRS UNIT locations, the layout of the land pretty much, where the CI - - would be an ideal place for the CI to park. While theyre doing this, is there anybody just sitting in their cars? What are they doing? How are they dressed? What do they look like..."(Page 2151 1-20). lnvestigator Pender was asked if he was concerned when the first officers arrived on scene and identified a possible suspect vehicle in the parking lot. He replied, "No, because just because - even if he had put surveillance in there prior to us arriving, or that was them, that was there prior to us arriving, its okay that theyre there before us, because theyre not there - - were still there before the CI get there. Were still there before the deal gets there," (Page 215:23 - Page 216:6).lnvestigator Pender said Ms. Hoffman did not know where Forest Meadows Parkwas. He had to give her directions because she had never been there before.He said he gave her step-by-step directions. "I gave her directions. Obviouslyits very simple to get to. Its on one street. You go from the police departmentout to Meridian Road and go north. I gave her step-by-step instructions as wewent on how to get there, to the point of making a confirmation call at TimberlaneRoad, which she did, at Timberlane Road prior to approaching the location, andonce that, -- 1 told her, make that confirmation call. Once thats over with, youknow, I will talk to you again. Shortly thereafter youre going to be approachingthe park on your left-hand side," stated lnvestigator Pender (Page 218:9-21).lnvestigator Pender advised Ms. Hoffman was told to go to the tennis courts. Ifshe were to get into trouble she was not given a safety word, she was told to useplain talk, talk normally.lnvestigator Pender said he and Officer Pate were present when Ms. Hoffmanreceived her instructions. She reportedly did not have questions about herassignment, did not appear nervous and did not present any signs she could notcomplete the deal.lnvestigator Pender advised he did not have any problems with the equipmentand it was tested before leaving the police department. When asked how closea---...-..... " .- .. .. .. -.. - ... 1.1. # 08-21 Page 104 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT! lnvestigator Pender was asked if there would be lnvestigator Pender advised he and Officer Pate searched Ms. Hoffmans car. He said lnvestigator Pate searched Ms. Hoffman under his direction. When asked why a female officer was not requested, lnvestigator Pender said they did not have a female involved in the operation. When he was reminded of Lieutenant White, he said she was upstairs involved with another task. "I honestly didnt think to have a female search her, based on the size of the buy that we were doing. I know what general or SOP youre referring to. In that SOP1 - its for - - its basically written to protect the integrity of the case - or at least - thats my belief of it - to protect the integrity of the case. If youre dealing in a case the size we are, the intrusiveness of a search is very minimal. Youre talking about 1500 ecstasy pills, very large bag; talking about two and a half ounces of cocaine, which is obviously a decent size. Youre dealing with a gun, which obviously is very difficult to conceal in the capacity of," stated lnvestigator Pender (Page 223:13 - Page 224:3). lnvestigator Pender said the intrusiveness of a search is based on the quantity and the size of the amount. He stated, "It was just - it was a lack of thought towards that on my part to have a female search her due to the fact that I wasnt thinking we were having to find a $10.00 crack rock, so we really need to search, so we need a female do it ..."(Page 224: 16-20). lnvestigator Pender advised he was thinking more along the lines of the general order, which allows a male to search a female. lnvestigator Pender advised he was aware of Vice SOP 7-1, C that states, "Prior to making a controlled buy the informant must be thoroughly searched and if possible be searched in the presence of another investigator. Female informants will be searched by a female investigator or officer." He said Ms. Hoffman not being searched by a female investigator was not an act of malice or laziness. He said it just never crossed his mind due to the size of the deal. lnvestigator Pender said Officer Pates worked with the Vice Unit a lot more in the past, than within the last year. When asked if he ever reviewed Vice SOPS with Officer Pate, lnvestigator Pender advised he did not. -- - -- 1.1. # 08-21 Page 105 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS U N I T According to lnvestigator Pender, Ms. Hoffman was given the money prior to leaving the police station. The money was in a paper bag, which was moved from under the seat of her vehicle into her purse. It was moved to her Durse according to lnvestigator Pender because it i a s typical for her to keeo her burse lnvestigator Pender said Ms. Hoffman deciding where the money and listening devices were going to be located was not allowing her to control the situation. He said, "Her opinion matters as to how we operate. Its not what is set in stone. It is not what we decide to do because she said, this is the way its going to happen, and we go okay. That would be her deciding. It was my decision to put - that deal, it worked. So it was my decision to do those, not hers," (Page 229:17 - Page 230:2). lnvestigator Pender was asked how long he knew Ms. Hoffman. He advised he knew her since the search warrant (April 17, 2008). He then agreed she had a criminal history. When asked if he had any concerns about giving her $13,000 to ride alone in a car to meet drug dealers, he answered, "No." He then explained, "I felt that we placed proper parameters and proper -- had proper planning for the operation to contain her, suspects, and everything else in the midst of that operation. I mean, if she were to - - worst-case scenario outside of the real worst-case scenario would have been if she just go in her car and fled from us. Would that have been bad? Yeah, it would have been bad. But could we have found her? Yes," (Page 230: 16-24). lnvestigator Pender agreed he is running the operation as the case agent, driving and monitoring the equipment. When asked who was watching Ms. Hoffman he answered, "I am, and Officer Pate and Special Agent Andris from DEA," (Page 231:24 - Page 232:8). lnvestigator Pender denied he might have overextended himself. When asked how Officer Pate assisted him, he auv~sed, assisted by talking on he the DEA radio, visual surveillance and taking a telephone call or two.lnvestigator Pender was directed back to them leaving the police station. Hesaid it was his vehicle, then Ms. Hoffman and Agent Andris behind her. Theydrove northbound on Meridian Road. He then became confused and couldntremember if Ms. Hoffman was in front of him initially. He stated, "(I)communicated with Lou via Nextel that, because of our close range, that sheneeded assistance getting there, that she was going to be following me, and Iwasnt turning the equipment on until I could break off. When North MeridianRoad splits into four lanes, going to switch into the right lane, kind of feather-.- ------.-..-.---- ------------ 1.1. # 08-21 Page 106 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITback. Let them pass. Then I would come in behind them and turn the equipmenton. The equipment had already been tested; its already functioning properly,"(Page 233: 12-22).lnvestigator Pender said if he is remembering correctly he spoke to Agent Andrisvia Nextel. When asked if Agent Andris spoke back, lnvestigator Penderanswered, "Yeah, said, yeah, I gotcha. We were on the same page as far as thatwent," (Page 233:25 - Page 234:3)."I dont know if Im portraying this right. I kind of see where youre going. Whenwe were at the station, he had sat there while we wired the car and preparedboth vehicles, mine and hers, for the operation," said lnvestigator Pender. Hesaid he did not ask Agent Andris to stay. He continued, "Another thing, when youhave a million things going on as far a paperwork goes, it slipped my mind tothink, it would be nice to have assistance, surveillance from the station, not onlyat the location. He stayed on his own. He actually approached me and said,hey, I was going to stay back, help you keep eyes on as you go. I said, perfect. Isaid thanks, because I didnt think about it," (Page 234:9 -25).lnvestigator Pender affirmed Agent Andris offered to stay back and help watchMs. Hoffman. He then advised, "So that was the communication there. Thenonce we were en route to the park, 1 called him and said, hey, when we get uphere, Im going to feather off, let you guys pass, proceed to that point, turn theequipment on. I also called Rachel and told her. I said, you know, Im going topull over in the right lane - - thats why Im saying, 1 dont remember if she wasbehind me or in front of me. I said, Im going to pull over in the right lane. I wantyou guys just to go. I still have you. Im going to turn on the monitoringequipment, keep you informed and all that. She understood and confirmed,"(Page 235:2-14). lnvestigator Pender said he was responsible for watching Ms.Hoffman at that point. When asked who was responsible for watching Ms.Hoffmanwhen they reached the 1-10 overpass. He again stated he was. WhenI switched to the right lane and feather(ed) back, now Lou is directly behind her,"said lnvestigator Pender (Page 235: 15-23).According to lnvestigator Pender, Agent Andris knew his responsibility. Heexplained, "...He offered that to me at the station, and via our telephone, Nextelconnection, conversation, that thats what the plan was, that I was going tofeather off; he was going to maintain, and I was going to behind him," (Page236:3-7). For clarification, lnvestigator Pender was asked about his earlierstatement that the DEA agents were there for surveillance. He was then asked ifhe was one hundred percent sure when he was enroute to Forest Meadows thatAgent Andris knew he was to watch Ms. Hoffman. He replied, "Yes. Actually itwas offered by him. The only reason I contacted him was for the purpose I wouldbe feathering back. 1 was still maintaining visual. I could still see them," (Page236:15-19). lnvestigator Pender said he was still watching Ms. Hoffman he just 1.1. # 08-21 Page 107 of 19s
  • TALLAHASSEE POLICE DEPARTMEN I INTERNAL AFFAIRS UNITWhen they reached Meridian Road at Timberlane Road, Investigator Pender saidhe turned the equipment on and everything was reportedly functioning well. Hethen told Ms. Hoffman to call the suspects and let them know she was close. Healso told her the park would be coming up on her left and she is to go to the -the way to the north end of the E k i n g lot - actually to the north exit that exitsonto Meridian. Im sitting in that lane," stated lnvestigator Pender (Page 238:9-2 ). 1lnvestigator Pender said he could not rememlber if hc? spoke to Agent Andris viathe police radio.Investigator Pender said vehicle traffic on Meridian was "fairly heavy,""constant traffic."lnvestigator Pender said while he was sitting in the Maclay School parking lot thewire started to get scratchy. He decided to move closer. "As Im pulling back outtowards the exit to exit onto North Meridian Road, thats when Lou radioed toeverybody that she pulled into the wrong place, into the baseball field," advisedlnvestigator Pender. (Page 241:9-12)."At that point I realize, shes just south of the target place. There is no concern atthat point from me, because Im just down the street. Im about to pull out andreestablish contact. Told them, thats all right, Im coming up, I got her. So atthat point 1 was heading north - - 1 was pulling out north anyway," explainedlnvestigator Pender (Page 241:14 - 20).When asked if his statement, "I got her" relinquished Agent Andris from watchingMs. Hoffman, lnvestigator Pender responded, "He didnt have that abilityanymore anyway. Thats what his transmission was to me. She pulled into thewrong place. She pulled into the baseball fields," (Page 241:21 - Page 242:l).lnvestigator Pender said he believed Agent Andris continued northbound. Headvised, "His job was not to follow her and keep eyes on into the location, intothe park; it was just on North Meridian Road because once she commits to thepark, there is three vehicles full of police officers inside the park that are going tonow pick up that responsibility," (Page 242:6-11).lnvestigator Pender said he reached the baseball fields in what felt like seconds.He saw Ms. Hoffman facing North Meridian Road ready to pull out. lnvestigator -- --------- 1.1. # 08-21 Page 108 of 19!
  • TALLAHASSEE POLICE DEPARTMEI INTERNAL AFFAIRS UNIT.Pender said he was on the phone with Ms. Hoffman and told her to pull out, goleft to the yellow flashing light. "I said when you get to the flashing light, that isthe driveway to the tennis courts, pull in there," exclaimed lnvestigator Pender.When asked why he didnt follow her, lnvestigator Pender replied, "Because ofthe fact that she was, on multiple occasions - and there was actually a time inthere prior to that where I believe he called her, or it might have been during theTimberlane Road conversation where he said for her to go to the nursery. Thenshe called me back after that conversation, hes trying to get me to go to thenursery. I said, thats fine, youre not going. Were just going to go to the tenniscourts. So just go - she said, I understand. Im just going to the tennis courts.Im not going there. She even reiterated that to me. There is always a time - notalways, many times during these operations there are points in surveillance ofthe C that are acceptable loss, I guess is the best way to say it, short periods of Itime where you may lose the visual of that person, whether it be terrain, if youreon a hilly road and youre three car lengths back, and they crest the hill and godown, and it takes you five seconds to crest the hill before you see them again-"(Page 243:9-244:6).lnvestigator Pender said he believed an acceptable Ioss of time to be no morethan twenty seconds.lnvestigator Pender said when he allowed Ms. Hoffman to pull out ~ ~ I L ~ v ~ ~ ~ i d i a n URoad, she knew she was supposed to go to the flashing light. After she turnedout he turned into the baseball fields. From the best of his recollection heradioed the other officers inside the park and told them she was on her way. Hesaid the acceptable time loss was when she crested the hill, but he still had heron the wire. When asked what he heard on the wire he said he believed she hadanother phone call because she just started talking. He believed it was one ofthe suspects, but he didnt know which one. lnvestigator Pender stated, "...Shewas talking about locations where she was. At least I believe thats who she wastalking to, because she was talking about locations where she was," (Page246:3-6). lnvestigator Pender said he heard Ms. Hoffman say she was pullinginto the park on the wire which confirmed to him that she had done what he toldher to do.lnvestigator Pender said he wa park wli e n he Iheard Agent Arsaw the suspects at the nurseryWhen asked when did he realize something was wrong, lnvestigator Penderadvised, "When I lost her - well, when I began to lose her on the wire and I -began to call her - take that back. When I began to lose her on the wire andfound she had not committed to the park, I realized ample time had passed, andthe reason I was probably losing her is because she passed it, which was amajor concern of mine. If that was the case, that was a major concern. Thats 1.1. # 08-21 Page 109 of 19s
  • TALLAHASSEE POLICE DEPARTME," I INTERNAL AFFAIRS UNIT -why I - mean multiple reasc one of the reasons I Pegan calling her,"(Page 248:13-22). lnvestigator Pender said he could not get Ms. Hoffman on the telephone. He said he felt like he had called her 100 times, but it was probably more like two orthree times. When Agent Andris advised he saw the suspects at the nursery he knew the car inside the park was not the suspect vehicle. He recalled tellingAgent Andris to keep an eye on the suspect vehicle. "If we know where they are,at least we know where half the deal is," stated lnvestigator Pender. "At whichpoint he said, okay, Im turning around to get a better - I just passed them. Imturning around to go back and get eyes on them. I said okay. So Im feeling alittle bit better at this point, and Im trying to get back out, still continuously callingher. Shes not answering. As I get to the exit to go north on Meridian to startheading that way where I had last seen her, she calls me back and in that phonecall, very short phone call, she tells me they told me to follow them -- they toldme to go to the nursery. I followed them from the nursery. Were on Gardner. Itlooks like the deal is going to go here. Its a dead-end street, at which point Iresponded, I told you not to do that. Turn around! Turn around! Do not followthem! I had no response from her, which meant, you know, either she hung up -on me or we lost the signal. I had a strong signal - obviously every other phonecall that we had made, she had a very strong signal. I think that she hung up onme, not because she didnt want to hear it. I think it was because she was in theheat of the deal, and the deal was about to go down," advised lnvestigatorPender (Page 249:23 - Page 250:23).lnvestigator Pender said he got on the radio and directed everyone to go toGardner Road. "Im telling everybody, she went to the nursery. Shes onGardner. Go to Gardner! Go to Gardner! So at that point, Pate and I --obviously Pate and I had to go, Pate and I raced down North Meridian Road i --say "raced" -- as fast as we could in traffic," stated lnvestigator Pender (Page251:ll-17). lnvestigator Pender said he did not know where Gardner Road was.He checked the area of the nursery and Thompson Circle first and thought hecould pick her up on the wire. A short time later lnvestigator Finales announcedwhere Gardner Road was. When lnvestigator Pender reached Gardner Roadthere were already two police units there and there was no sign of Ms. Hoffman.lnvestigator Pender could not say off of the top of his head how many Viceoperations hes conducted. He was able to say the ones he conducted weresimilar to the way this operation was set up and approved by his supervisors. Hedid not have any problems with his past operations.When asked if he intentionally put Ms. Hoffman in a violent or deadly situation,lnvestigator answered, "No."lnvestigator Pender said he did riuL ar anytime get personally involved with Ms.Hoffman and did not ask her out for a drink. 1.1. # 08-21 Page 110 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNITAt 6:35 PM, PBA Attorney Paul Villeneuve was provided the opportunity to askfollow-up questions. Mr. Villenueve directed lnvestigator Penders attention toVice SOP 7, Searches and Search Warrants. He then asked him if the Mayoperation involved a search warrant. lnvestigator Pender responded, "Yeah. Itincluded - yeah, searches and search warrants--or not specifically a searchwarrant, no," Mr. Villenueve advised he was seeking clarification on whether ornot the policy that lnvestigator Pender was questioned about, Vice SOP 7, dealsspecifically with searches and search warrants. lnvestigator Pender advised itdid.lnvestigator Pender explained to Mr. Villenueve why he didnt use an undercoverpolice officer in the car with Ms. Hoffman. He said it wasnt practical at the time.Mr. Villenueve asked lnvestigator Pender where Ms. Hoffman was searched. Hetold her she was searched in the parking lot of the police department near thegas pumps. lnvestigator Pender agreed the area is under video surveillance. Healso advised he stood by while she was searched and Agent Andris was in plainview.lnvestigator Pender said he was aware or me general order which allows maleofficers to search female detainees, arrestees, as long as they are professionaland have a witness.lnvestigator Pender told lnvestigator P b logs all physical interactions not eall telephone contacts.The interview was concluded at 6:52 PM.On September 3, 2008, lnvestigator Danielle Davis conducted a secondtaped interview i n the Legal Conference Room with lnvestigator RyanPender to clarify a few items from the first interview. Officer Pender wasreminded that the OathlPerjury Warning and the Police Office Statement ofRights he signed i n the first interview were still in effect. The interview wasconducted, and i n addition to lnvestigator Ryan Pender, the followingpersons were present: Internal Affairs lnvestigator George Creamer, Jr.,PBA Representative Sergeant Sam Gereg, PBA Attorney Paul Villeneuveand court stenographer Danielle Freeze.lnvestigator Ryan Pender was reminded of the Garrity Notice and AdministrativePerjury Warning forms he signed during the August 25, 2008 interview, and wasreminded he was still under oath for this investigation. lnvestigator Penderacknowledged he knew he was still under oathlnvestigator Danielle Davis asked lnvestigator Pender if Ms. Hoffman wasconsidered a reliable confidential informant. lnvestigator Pender replied, "From -------- -----------.------ 1.1. # 08-21 Page 11 1 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT the beginning, at her residence during the search warrant, she was forthcoming with information that she didnt necessarily have to be. And from that point, - anything and well refer back to some of the things that were in question - anything that came up that was out of the ordinary, such as an uncontrolled meeting or a phone call from a potential target, she was very forthcoming with that information. Actually called me immediately after both of those incidents and told me exactly what happened -- which is beyond what I typically would expect from a confidential informant." lnvestigator Danielle Davis asked lnvestigator render if it mattered he hadnt conducted any buys with Ms. Hoffman asking, "You hadnt had two successful controlled buys with her?" lnvestigator Pender replied, "No. But I had two successful, if you will, successful in the realm of her following direction, controlled -- one was an attempt and one was actually a controlled meeting - prior to the 7", so she actually did have two controlled operations that she was part of that she functioned properly and followed direction." lnvestigator Danielle Davis asked lnvestigator Pender, referring to the April 22"d operation, why he didnt obtain a signature on the C1 packet before using Ms. Hoffman as a CI, lnvestigator Pender replied, "Thats not up to me. I get the packet completed - from my end and then I give that to me supervisor, and II dont follow up to make sure its signed prior to any operation. I think I covered that in the first one basically. You know, I go to him with an operation using a specific CI; if he approves it, I assume that C has been approved to use." 1 lnvestigator Danielle Davis asked lnvestigator Pender if Sergeant David Odom reviewed Ms. Hoffmans C1 packet before the April 21 operation. He replied, "I dont know. I know we reviewed it together as far as -- not the packet itself, but - the information that contained the packet, reference her personal information, things of that nature. So we discussed her, but as far as the actual packet, I dont know." lnvestigator Danielle Davis asked lnvestigator renaer if he documented any of his surveillance attempts at the lnvestigator Pender replied, "I took notes. And I have printouts of multiple vehicles, tag numbers that I obtained while doing it." Investigator Pender then provided the print out documents from the intelligence he siated he gathered while conducting the lnvestigator Pender explained, "Surveillance and Intel gathered at I know the first subject there was the license holder for the subsequent to that would be tag numbers ran from the parking lot. Some of them would be referenced to utilities ran through the owner of the business, his residence, and anything connected to those people, kind of like a tree would go. You know start with one person, and that would branch off so there are multiple people. And thats not complete as far as everybody that I possibly ran. Some of them would have been - most of it was in an attempt to identify- prior to knowing it w a s f So if they didnt fit the description that I -- - -- - - .- - -- . - 1.1. # 08-21 Page 112 of 19
  • TALLAHASSEE POLICE DEPARTMEMY INTERNAL AFFAIRS UNIT knew it to be, my visual of the person and description given to me by Hoffman an ,- that I may have thrown those away as far as not being relevant to the case." lnvestigator Danielle Davis asked lnvestigator Pender if he conducted surveillance at the Wal-Mart and lnvestigator Pender replied he did not. lnvestigator Danielle Davis asked lnvestigator Pender if the wire device was turned on when he left the police station. He replied, "Yes. And then shortly - - during the time that I was very close proximity to her, I had turned it off. I had tested it prior to leaving, and actually.had it on as we pulled out, and once we made that close proximity contact and followed out of the parking lot, I turned it - off for that reason. And then we got to I think it was 1-10, Yeah. When we got to the 1-10 overpass and I was able to make the distance again, thats when I reestablished it." lnvestigator Danielle Davis asked lnvestigator Pender which computer he used to run the background and history checks on Ms. Hoffman. lnvestigator Pender replied, "I believe it was mine, at my desk." When was the same computer he used to run the checks on suspect nd the license numbers, lnvestigator Pender indicated it was the lnvestigator Danielle Davis asked lnvestigator Pender if he ran Ms. Hoffman and suspect v h r o u g h NCICIFCIC. lnvestigator Pender stated, "I dont recall exactly if -- I know I ran Ms. Hoffman through NCICIFCIC. I dont recall 100 percent on m but I believe I did." When asked if he was aware suspec-had an active arrest warrant at the time, lnvestigator Pender said he was aware of that fact. lnvestigator Pender stated, "If Im not mistaken, I have that in here, yes. Im not positive on that. Let me just look just to make sure. Yes he had a capias for FTA on a non-moving traffic violation, driving while license suspended, second offense. If we made contact with him he would have been arrested on that warrant." lnvestigator Danielle Davis asked lnvestigator Pender how often did the Vice UnitI conduct buy-busts or controlled buys at city parks. Investigator Pender replied, "I wouldnt say buy-bust, because I couldnt think of any off the top of my head that 1.1. # 08-21 Page 113 of 191
  • TALLAHASSEE POLICE DEPARTME,. , INTERNAL AFFAIRS UNIT weve planned at a city park. But operations surrounding city parks are very frequent. Typically when we do street level undercover buys, which is a common term for its Weed and Seed, those typically go very close to schools, public parks. For instance, the one thats we actually have purchased drugs out of and made arrests in multiple times is the park at Strong and Jones, I think right there at Macomb and Georgia, so we do things in city parks." lnvestigator Danielle Davis asked lnvestigator Pender if Sergeant Roderick Looney gave him any direction in terms of Ms. Hoffman in terms of not being able to reach her. lnvestigator Pender stated, "Yes I spoke with him, and I dont recall when it was. So it was very possible it was after the direction to call me. It could have been before that and that was a second attempt, hey call me again in a sense. And 1 dont recall. I mean, it was so much going on with the timeline; the timeline gets messed up. But basically what was going on, and at that time he told me, well, try and call her. And I said, Ive been doing that, you know, and he did give me direction as far as from a supervisors role, make sure you do ... these things and l dont recall exactly what they were. I know one of them, the one that stands out because I was doing it, was trying to attempt to contact her by phone." lnvestigator Danielle Davis asked lnvestigator Pender, "Did he (Sergeant Looney) tell you to go north to go find her?" lnvestigator Pender replied, "He might have. Very well could have. And that was a direction that we had already - -- like I said, we when we talked to him by phone, I was already -- what I felt exhausting every avenue I could exhaust to try to take control of the operation again. At that point, obviously, we were out of that control because we didnt have her." lnvestigator Danielle Davis asked lnvestigator Pender how many officers are involved in a buy-bust operation. lnvestigator Pender replied, "It depends on the size of it, the location of it. So it all depends. Its - theres a lot of different factor that would determine that. I couldnt say it was the most Ive seen. It was one of the larger as far as personnel, possibly the largest as far as personnel goes, but I couldnt say for sure, because Im not -- Id have to actually pull Ops plans from other buy-busts."lnvestigator Danielle Davis asked lnvestigator Pender, With this being one of thelargest that youve ever seen in the past with other similar size operations, howmany supervisors were on scene?" lnvestigator Pender replied, "I can only thinkof one that there were more than one, and its always been one supervisor onscene. And just to clarify, so we dont have any questions after that, the one thatthere was more than one, it was because we were using another agency ormultiple other agencies, and their supervisors were there. As far as TPDsupervisor, 1 think theres only been one on all the ones Ive participated in.".- ..--------- --.- .---.------ --- TC 08-21 1.1. Page 114 of 199
  • TALLAHASSEE POLICE DEPARTMEPIT INTERNAL AFFAIRS UNITlnvestigator Danielle Davis asked investigator Pender if Depury ~ h i e Proctor fwas briefed on the operation. investigator Pender replied, "Not in my presence,no." lnvestigator Pender recalled receiving the funds from the Property andEvidence Section Supervisor Mrs. Patty Wallace. He stated in his interview heand Captain Chris Connell were getting the funds when Deputy Chief JohnProctor told him it was a lot of money and not to lose it. lnvestigator Pendersaid, "I think it was more of a statement, maybe even to Captain Connell, but kindof directed at me since it was going to be me."PBA Attorney Mr. Paul Villeneuve inquired if the Attorney Generals opinion, asfar as their review of Tallahassee Police Department policies and the facts of thecase, had been released to TPD. Mr. Villeneuve explained his client,lnvestigator Pender, had not had an opportunity to review it. Mr. Villeneuveasked if the Attorney Generals report played a role in this Internal AffairsInvestigation. lnvestigator Davis replied she recently received the report andreviewed it. Mr. Villeneuve stated he wished to reserve an opportunity to askquestions after reviewing the report.After this interview Mr. Villeneuve was provided the opportunity to review a copyof the Attorney Generals report.Investigators Note: During lnvestigator Penders interview, he was told hemay need t o present documentation after the interview. He advised heunderstood and would, if asked.On Friday, September 5, 2008, lnvestigator Davis asked lnvestigator Penderto bring in his investigative case file. He presented it o n September 8,2008. There was n o proof he checked Ms. Hoffman through FCIClNClC inthe file. I n the file was half o f an FClClNClC report on "RachelMorningstar". The "report" was on Tallahassee Police Department letterhead.After researching the FClClNClC transaction number, i t was determined thequery was done under Tallahassee Police lnvestigator Debra Handsaccess code on January 28,2008.Sergeant Roderick Looney:Sergeant Roderick Looney, PBA Attorney Hal Johnson, and PBARepresentative Sergeant Sam Gereg were provided the opportunity toreview the exhibits presented as evidence in this investigation prior to hisinterview on August 26,2008.On August 26, 2008, lnvestigator George Creamer, Jr. conducted a tapedinterview in the Legal Conference Room with Sergeant Roderick Looneyafter being advised of her OathIPerjury Warning and Police OfficerStatement o f Rights. Sergeant Sam Gereg was present as Sergeant 1.1. # 08-21 Page 115 of 199
  • TALLAHASSEE POLICE DEPARTME.,. m INTERNAL AFFAIRS UNIT Looneys P.B.A Representative. P.B.A. Counsel, Attorney Hal Johnson, represented Sergeant Looney for the interview. Also present for the interview was Investigator Danielle Davis and court reporter Sandi Nargiz. Sergeant Looney has been employed by the Tallahassee Police Department for approximately 16 years. As an investigator, Sergeant Looney was assigned to Special lnvestigations (Vice) for approximately 7 years. 2.5 years in street level narcotics and 4.5 years in interdiction. While in Vice, Sergeant Looney received training street narcotics, Drug Enforcement Administration (DEA) basics, DEA advanced, and Sky Narc conventions. Sergeant Looney has been a sergeant tor approximately 3.5 years. He was assigned to Special lnvestigations in February of 2007. When he received his assignment, Sergeant Looney reviewed Vice Standard Operating Procedures (SOPs). He noted that not much had changed in Vice SOPs. Sergeant Looney was assigned to general narcotics at first and then was moved to interdiction in February of 2008. Sergeant Looney was asked what his responsibilities were as a sergeant in Vice as they relate to confidential informants (CI). He stated that he is to make sure they are documented properly, find out their motivation for working with Vice, find! out what they can do for Vice, and are they capable of doing what they say they can do. Sergeant Looney was asked what his responsibilities were as a sergeant in Vice as they relate to operational plans and briefings. He stated that he is to ensure proper staffing, make sure the investigator has done background work on the suspects to include names, locations, vehicle information, tags, addresses for residences, places of work, associates, criminal history and to ensure the investigator includes a brief synopsis of the case itself. As for the briefing, Sergeant Looney stated it is the case agent that conducts the briefing. If it is one of his investigators, the rest of his squad is there to make sure everything is covered. According to Sergeant Looney, its the investigators job to cover everything at the briefing but its the responsibility for those in attendance to point out issues with the operational plan. Sergeant Looney was asked what his role was in reference to investigations. He stated his job was to manage, ensure the investigators are doing what they are supposed to. Sergeant Looney expects regular briefings. He stated, "So, yeah, as they get information, I want it." (page 12:ll-22) Sergeant Looney was asked if he was the supervisor for the operation on May 7, 2008, with CI Rachel Hoffman. He stated he was. He was asked if he had immediate oversight on the development, approval and execution of that operation. He stated, "Yes, that particular one." (page 13:4) Sergeant Looney 1.1. # 08-21 Page 116 of 199
  • TALLAHASSEE POLICE DEPARTMEtr I INTERNAL AFFAIRS UNITwas asked at what point he was brought into the operation. He stated, "Actually Iwas asked on May ern if I could stay and help. I dont supervise InvestigatorPender directly. His sergeant, Sergeant Odom, was out that day. I was askedby him and Lieutenant White if I could stay on the 7h and help with the deal."(page 13:7-11)Sergeant Looney was asked about his opinion of a suitable CI. He stated,"Someone thats, one, that is reliable, someone that if they tell you they can dosomething, they do it. And someone, that when you tell them to do something,you can depend on them to do what they say they are going to do." (page 14:3-7)He was asked about his impression of a bad CI. Sergeant Looney stated, Well,basically its a loose cannon. Somebody that you really cant control, they say 1can do this, but they really cant." (page 14:20-22)Sergeant Looney explained that an investigator has to have tight control on aninformant. He stated, "Any source, you know, you tell one to do something, its apossibility they are going to do something else. So you go to keep tight reins onthem, you got to keep tight reins on your sources. Thats the only thing I canexplain, you got to watch what they do, you got to be on top of them at all times."(pages 14:24-155)Sergeant Looney was asked if, during a background check, pretrial release is anissue. He stated, "Pretrial release, you probably want to contact the StateAttorneys ofice if they have been released on a prior charge." (page 26:24) Hewas asked if pretrial intervention was an issue. Sergeant Looney stated, "Again,knowing what I know about the State Attorneys office, me personally, I am goingto contact them." (page 27:5-7)Sergeant Looney was asked if he knew what Drug Court was and the conditionsof the program. He stated that he knew of the program and knew one of theconditions was that the participants could not sell, use, or be around drug activity.He was asked if he knew a potential CI was in the program, would he have aneed to contact the State Attorneys office. Sergeant Looney stated, "Like I said,I would, you know. Is it against policy? I dont know. I dont know. You aretalking to me, and I am telling you what I would do as a supervisor, personallyand as the supervisor what I would do. But, you know, does it actually violatepolicy? You know, because you dont (page 28:23-28:3) -ISergeant Looney was asked about the process of approving Cls. He stated hereviews the packet, ensures everything is complete. If he has any questions hegets with the investigator to clarify. Once it is approved, the sergeant assigns aCI number, logs the packet and files it. Sergeant Looney was asked how long heholds CI packets before signing and filing them. He stated, "I dont try to hold itat all, because its confidential stuff, so I dont want it laying around. Once itsgiven to me, I go ahead and - because a lot of times, when my guys come in, if Iam doing something, a lot of times I will just stop doing what I am doing and go.-------,---..---. --- --. - - 1.1. # 08-21 Page 117of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITahead and review it; get up and go assign it a number and go ahead and put itaway, because I dont want it laying around. All that type of information isconfidential. We do have people that dont work in our unit that comes throughsometimes. You dont want somebody pickinn up a file that they shouldnt have."(page 30:lO-21)Sergeant Looney was asked if a CI could be used prior to him physically signingoff on the CI Packet. He stated, "No. It dont - they dont use - they shouldntuse a source in any type of capacity until the supervisor has signed off on it andgave them their ok to go ahead and use that person." (page 31:I-4)Sergeant Looney was asked if it was the responsibility of the investigator to keepthe sergeant up to date on their Cls. He stated, "Its the job of the investigator tomake sure that they keep their sergeants abreast of whats going on, and its thesergeants job to make sure the lieutenant is abreast of whats going on. And ittrickles on up the chain." (page 37:7- Sergeant Looney was asked what rules are explained to a CI. He stated that Clsare not allowed to act alone. They may bump into situations but they are not toseek activity on their own. Sergeant Looney stated a CI might go againstinstruction but they need to explain their actions. If they had good reason it mightbe all right.Sergeant Looney was asked about confidentia~~ry now Ir is explained to a CI. anaHe stated, "Well, for one, its for their safety." He continued, "Yes, for one thing,for their safety because you, you know, and also, to say they are out there talkingto some people and, you know, for whatever reason you may decide to intro anundercover cop in, you know. You know, that now not only are you endangeringyour own safety, but you are endangering this confidential officers safety, if wedont know what you are out there doing." (page 39:2-9) He was asked if a CIdisclosing their status as a CI would cause him to stop using that CI. He stated,"Me personally? You know, probably at that point, I aint going to want to usethat CI." He was asked if the CI could be used in a different group of suspects.Sergeant Looney stated, "It depends on what the situation is. And the biggestthing is you got to look, is this really jeopardizing this persons safety for us tokeep using him? Because most the time they are going out there on their ownbuying dope, and thats the thing. Just because you got to be conscious of theirsafety. A lot of times they dont realize the dangers." (page 40:20-25)Sergeant Looney stated that he would expect his investigator to let him know if aC revealed their work with the Tallahassee Police Department. He would in turn Ispeak to the lieutenant about the situation.Sergeant Looney answered a series of questions concerning the use of CISalong in buylbust operations. The current Vice Standard Operating Procedures(SOP) does not discuss the use of Cls alone in these operations. Sergeant 1.1. # 08-21 Page 118 of IS
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITLooney was asked what information is given to a C to prepare them for a 1buylbust operation. He offered an example.Sergeant Looney was asked if the suspects are allowed to determine the locationof an operation. He explained that you have to be "fluid". The suspects willchange the location and come up with locations of their own. Sergeant Looneystated, "And the thing is theres always safety. You got to think safety. Can I stilldo that operation at that location? Can we still perform our duties at that locationwithout hindering the safety of the CI, the UC, the general public? All thosethings come into play." (page 80:ll-15)Sergeant Looney was asked what is the approval process for an operationalplan. He stated, "Usually it goes through me first and when one of my guys doesone, it goes through me. I then sign off on it and I give it to the lieutenant.Lieutenant looks at it, it should go up to the captain, and the captain usually takeit up to the deputy chief, brief him, and let them know whats going on." (page82:6-11) Sergeant Looney was asked who has authority to change anoperational plan once it is in motio~ stated, "Thats going to be thesupervisor." (page 87:24)lnvestigator Pender briefed Sergeant Looney on CI Rachel Hoffman for the firsttime on May 6, 2008. Sergeant Looney stated that he did not recall lnvestigatorPender mentioning that C1 Hoffman had revealed her status as a CI to a suspectshe was attempting to work for Vice. If he had known, Sergeant Looney statedhe would have consulted with Lieutenant White about this issue. SergeantLooney stated he was not informed that CI Hoffman had met with a suspect forthe purpose of setting up a deal without the consent or knowledge of her case 1.1. # 08-21 Page 119 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITinvestigator and against his direction. Had he known, Sergeant Looney stated hewould have consulted with Lieutenant White on this issue as well. SergeantLooney stated he had not been informed that C1 Hoffman had made a financialarrangement with another CI for their work to apply to her own substantialassistance. Sergeant Looney stated, "You dont want any involvement with thatas a police department, you know, Vice Unit. 1 have been involved with caseswhere someone come in and helped someone out with charges before. Andthats fine. But for them to be paying them to do it, I dont know." (page 92:7-11)Sergeant Looney confirmed the first he learned of these issues was by readingthe transcripts for this investigation. He was asked if he would have wanted tobe informed of these issues prior to approving the operational plan. SergeantLooney stated, "Some of the stuff I know now, yeah, I would liked to have knownmaybe prior to the operation actually going. But like I said, you know, a lot ofstuff I found out after the fact. So I didnt know about it and by that time its toolate. I am already knee deep in it." (page 93:13-18)Sergeant Looney was asked whose job it was to inform him of these issues. Hestated, "Obviously if it was something critical, you know, I mean Pender is theone that I am dealing with so, you know, I expect him to inform me, anything thathe thought I should know. I expect him to inform me of it."If the lieutenant, if she know anything, because they are the ones that havebeen dealing with this girl; I hadnt. You know, so I mean, if anything they knowthat I should know, yeah, I expect for them to brief me on it, especially if I amgoing to be the supervisor over this operation." (page 93:21-94:6)Sergeant Looney stated that had he been informed of any of these issues, hewould have made the lieutenant aware. He was asked if he would haveexpected the lieutenant to be informed. He stated, "I would expect, yeah.Through Pender, through his sergeant, and him taking it up the chain. I mean, Iwould expect that she would know." (page 94:20-22)Sergeant Looney stated the planning for the operation for May 7, 2008, began onMay 6h. lnvestigator Pender and he met in his office for an hour to an hour anda half discussing plans and locations. The following morning lnvestigator Pendercame in at approximately 10 AM and started working on the operational plan.Sergeant Looney requested assistance from the Career Criminal Unit (CCU) forthe operation. He and lnvestigator Pender met with Lieutenant White that sameday.Sergeant Looney stated that they could not identify . He stated, "I wassatisfied with his-effortson that one. He did find out; you know after i i n g intoit, f o u n d out who he was by pulling s o m d findingout he was a suspect in the theft of firearm right at that business. SO- 1.1. # 08-21 Page 120 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT kind of figured out was going to be our guy. Pulled his histories and stuff."(page 98:18-24)Sergeant Looney stated that nothing came up during the planning that made himconsider putting the brakes on. He was asked if Lieutenant White or CaptainConnell voiced any concerns. He stated, "I can tell you right now, if there hadbeen just an inkling of doubt about anything, about safety, any questions aboutanything, captain would have canned it. He would have canned it. But theconcerns - that concern wasnt there. Everything looked good. We had, like Isaid, we had our contingency plan in place. We knew what we wanted to do.We had the appropriate amount of staffing. I mean it was good." (page 100:17-24)Sergeant Looney had indicated earlier in his interview he believed he had signedat least one copy of the operational plan. He was asked what he did with thissigned copy. Sergeant Looney stated, "After I signed off on it, I would have gaveit to the lieutenant. There was no reason for me to hold on to it at that point. Itsgot to go up the chain. So to say whether I physically handed ti to her in herhand, I cant say that. 1 dont even remember. She may not even have been inthe office. I could have stuck it in her box; I could have put it on her desk. But Iknow I probably would have called her and said, lieutenant, I just signed off onthat ops plan, its on your desk, its in your box, something to let her know it wasthere because I knew the captain would probably want it." (page 101:2-13)Sergeant Looney was asked, "Did you have any concerns - I know we hit this -before any concerns with the CI doing her first operation alone with $13,000 offlash money in her possession, any concerns with her being able to handle this?"He stated, "No. And I tell you the reason why. The reason I know because wehad set it up where, you know, she was doing it in the parking lot, you know,shes supposed to be at a specific location. All right? We watched her come in,we got her."Once she gets there, the arrest teams, youve got two arrest teams, youve got ablock vehicle in there. You know, youve got all those officers watching her, youknow. Once she get there, she aint going nowhere, you know. So going to try toget them in the car with her so we aint go no threat of anybody pulling off oranything like that. So, you know, when youve got all these plans in place, no, itsno different than any other one we do, because thats how we plan them all, youknow. You know, thats the reason we stick to the plan as working, you dontflow from it, you know. You know, if you stick to it, usually its going to pan out;its going to work. You know, so no, I didnt have any problems with her doing itlike that, you now, even though it was her first time." (page 101:25-102:22)Sergeant Looney was asked if anyone voiced any concerns. He stated, "No.Like I said, lieutenant, captain there, you know, 1 am sure if either one of themhad any concerns, they would have voiced their opinion. Both of them knew 1.1. # 08-21 Page 121 of 199
  • TALLAHASSEE POLICE DEPARTMtlr I INTERNAL AFFAIRS U N I Tabout the firearm, they knew everything about the operation. We discussed itbackwards and fotwards. It there had been any concerns, it would have beenvoiced." (page 103:5-11)Sergeant Looney stated he attended the briefing in full. His assignment duringthe operation was with arrest team one. He recalled the Drug EnforcementAdministration (DEA) Special Agents (SA) were on surveillance. SA Lou Andrisstayed to assist lnvestigator Pender in keeping eyes on CI Rachel Hoffman. Thisinformation came to him after they were on their way to Forest Meadows. Theoperational plan did not detail who was to watch CI Hoffman on the way to ForestMeadows, but Sergeant Looney stated that it was lnvestigator Pender wasassigned this task. Once CI Hoffman pulled into the park, the officers on thearrest teams and the block team would pick up surveillance.Sergeant Looney was asked about Officer Chris Pate conducting the search ofCI Hoffman prior to the operation. Vice SOP dictates that a female officer mustconduct the search of a female CI prior to an operation. Sergeant Looney statedhe was not aware that Officer Pate had done the search of CI Hoffman. He alsowas not aware of any attempts to get a female officer to do the search.lnvestigator Pender had the duties of monitoring the wire, phone conversationswith the CI, driving his vehicle to the location for the operation, and maintainingvisual surveillance on CI Hoffman. Sergeant Looney was asked if this was toomany duties for lnvestigator Pender to manage. He stated, "I mean, thats - tobe honest with you, thats normal for us. Thats normal practice, you know."(page 108:24-25)Sergeant Looney stated Lieutenant White did not go out on the operation but shetold him she would be monitoring the radio. According to Sergeant Looney,lieutenants do not normally go out on operations. He stated, "I mean, lieutenantsdont - I can think of only a few occasions ever working Vice where a lieutenantever went out with us on an operation." (page 109:13-15)Sergeant Looney was asked if he felt comfortable with the number of officers hehad to manage for the operation. He stated, "Yeah, I felt comfortable because Ifelt like everybody knew what they were supposed to do, we had briefed, we hadplanned for this thing." (page 109:25-110:2)Sergeant Looney stated that as he and his team left the department, lnvestigatorMiller got a call from lnvestigator Pender. They were informed that the suspectswanted to change the location to Forest Meadows. Sergeant Looney recalledthat location had been discussed briefly at the briefing. It was a possible locationthat the suspects had mentioned to CI Hoffman during one of the phoneconversations. Everyone at the briefing had been fine with the location.Sergeant Looney gave the go ahead for Forest Meadows that was relayed to --..-.- --.. ----- ----.- - 1.1. # 08-21 Page 122 of IS
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITlnvestigator Pender. According to Sergeant Looney, he believed most of theofficers had a general idea of where Forest Meadows was located.Sergeant Looney stated that he was not aware whether CI Hoffman knew whereForest Meadows was located or the area around the park. He was asked ifknowing CI Hoffman was not familiar with area would have made difference. Hestated, "No, and I will tell you why. Because we deal with students that we useas sources all the time and they are not from Tallahassee, not familiar with thistown, and we do buylbusts with them and stuff. And a lot of them may not knowwhere a particular location is at. Thats the reason why we follow them, we givethem direction, we follow them, have them follow us in. So her not exactlyknowing where the park is, it wasnt no big deal." (page 118:lO-18)Sergeant Looney stated that he heard investigators provide information on apossible suspect vehicle in the park. He was not convinced this was the actualsuspect vehicle they were looking for. His team pulled north of the vehicle butcould not observe it from their position. They could, however, tell if it tried toleave the park. No one got a tag or checked to see if it was occupied.Sergeant Looney stated it was his understanding the lnvestigator Pender andOfficer Pate were to keep eyes on CI Rachel Hoffman until she entered ForestMeadows. Sergeant Looney stated that he heard SA Lou Andris take over forlnvestigator Pender while they were on their way to Forest Meadows. When CIHoffman pulled into the baseball fields, Sergeant Looney was not aware at thetime that no one had eyes on her. He then heard lnvestigator Pender radio thathe had her. He stated, "Pender ended up getting back on her. He came back onthe radio and said, hey, I got her. At that point I said, he got her. 1 felt good then,he is back on her. He is back on her." (page 123:22-25)When Sergeant Looney heard lnvestigator Pender on the radio advising thesuspects were attempting to redirect CI Hoffman to the nursery north of ForestMeadows, he asked lnvestigator Pender to give him a call. Sergeant Looneywanted to make sure lnvestigator Pender told CI Hoffman she was to come toForest Meadows only. lnvestigator Pender was not able to call Sergeant Looneyat that time. Shortly after that transmission, lnvestigator Pender radioed he hadCI Hoffman. This set Sergeant Looney at ease. It was his belief lnvestigatorPender had eyes on CI Hoffman. He stated, "Hes on her now, hes going tomake sure she gets in here. Thats my thinking at that point. Hes got her andhes going to make sure she gets here. He is going to follow her in here, thenwell take on the eyes once she turns in." (page 1257-11)Sergeant Looney was asked if he knew lnvestigator Pender did not intend tofollow CI Hoffman from the ball fields to Forest Meadows, would he have beencomfortable with that decision. He stated, "To be honest with you, I wouldrather- she already turned into the wrong drive, I would rather for him to make sure 1.1. # 08-21 Page 123 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITshe got up here to us. Because once - he wouldnt have had to follow her uphere, just long as you see her make that turn." (page 126:25-4)Sergeant Looney stated he spoke with lnvestigator Pender on the phone whenhe realized CI Hoffman should have had time to reach Forest Meadows. Heasked lnvestigator Pender where CI Hoffman was. He stated, "He said, hey, sheshould have been there by now, I am losing her on the wire, I said, thatsbecause she done past us. She should have been here by now. I said, do youstill have eyes on her? And he said, no. I said, head north and get her turnedaround."See, I didnt know anything about the bad guys parked up there at the nursery atthat time, I was talking to him on the phone. Only thing I was thinking had someconcerns because she done went past us now and we dont got eyes. Aint nodeal breaker for me, but we need to get her turned around and I am thinking howshe missed that turn, I dont know, but she done went past us." (page 128:24-129:12)Shortly after his phone conversation with lnvestigator Pender, Sergeant Looneyheard SA Andris radio that the suspect vehicle is at the nursery on NorthMeridian. Sergeant Looney believed CI Hoffman might be going to the nursery.He told SA Andris to get eyes on the suspect vehicle. SA Andris radioed that hehad to turn around. When SA Andris got back to the nursery, the vehicle wasgone. SA Andris radioed that the vehicle must have gone south, back towardsForest Meados. Sergeant Looney thought he had SA Andris going south onNorth Meridian and lnvestigator Pender going north. His belief was that thesuspects were heading to Forest Meadows so the teams stayed put.At this point, lnvestigator Pender radioed to units that C1 Hoffman was onGardner Road, a dead end, following the suspects. Sergeant Looney realizedthe deal had turned into a robbery. He ordered all the teams to leave ForestMeadows and go to Gardner Road.On September 3,2008, lnvestigator George Creamer, Jr. conducted a tapedfollow-up interview in the Legal Conference Room with Sergeant RodLooney. Sergeant Looney was reminded that the OathlPerjury Warning andthe Police Officer Statement of Rights he signed in the first interview werestill in effect. Sergeant Sam Gereg was present as Lieutenant WhitesP.6.A Representative. P.B.A. Counsel, Attorney Hal Johnson representedSergeant Looney for the interview. Also present for the interview waslnvestigator Danielle Davis and court reporter Danielle Freeze.Sergeant Looney was asked if he notified the Leon County Sheriffs Office andthe TPD Communications center about the operation on May 7,2008. He stated, -" dont believe I dont believe I notified them." (page 5:7-8) 1 "-- ----.----------..--*--- -- I 1.1. # 08-21 ! Page 124 of 199 I
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITSergeant Looney was asked if he gave any guidance or instruction toInvestigators Corey Hale and Ray Finales, the first officers to arrive at ForestMeadows after the location was changed. For example, did he give instructionsto look for activities and functions that might be occurring at the park, thesuitability of the location for that period of time? He stated, "I dont per se - Iknow I didnt give them direct instructions. I dont think anybody else did, but, Imean, thats just kind of the norm. We get to a location, you know, if theressomething going on there that is going to hinder -" He continued, our I-operation, or, you know, something - put some - you know, citizens in any typeof danger or anything like that, then, yeah, were going to move that location. 1mean, once you get there, youre going to be able to see if anything is going on,so - but I dont think - no." (page 6:1-5)He was asked if anyone checked the buildings, tennis courts, or pool area ofForest Meadows for issues that might effect the operation. He stated, "No, Idont think so, no." (page 7:5)Sergeant Looney was asked the same question in reference to the Walmartlocation on the operational plan. Had anyone been assigned to conduct pre-surveillance on the location? He stated, "Same thing. Like I said,. you know,once you get there, you know, you make that evaluation once you get there."(page 7:12-14)Sergeant Looney was asked if the Tallahassee Police Departments Vice Unitever conducted an operation at the Walmart on Thomasville Road, 5500Thornasville Road. He stated, "Not that I can recall, no." (page 7:25) He wasasked if the Tallahassee Police Departments Vice Unit had ever conducted anoperation a city park prior to the one on May 7, 2008. He stated, "Not that I canrecall, no. Not right offhand." (page 8:4)Sergeant Looney was asked if the operation on May 7, 2008, involving 15officers was the largest operation he had done. He stated, "You know. Yeah, Imean, there was a lot of people out there involved and stuff like that, so I - I cantsay for sure, you know, yeah, this is the largest one I ever done, you know. Youknow, 1 felt like, as far as my span of control, I felt like - you know, I felt goodabout it. I didnt feel like I was overwhelmed or anything like that." (page 8:18-24)He was asked if his lieutenant or captain asked if he felt overwhelmed or if therewere too many officers for him to manage alone. He stated, "No. I mean, if that- if there was some concerns that I had, whether they said anything or not, Idhave made them aware of it, but, like I said, I felt comfortable doing theoperation." (page 9:4-7)Sergeant David OdomSergeant David Odom, PBA Attorney Tom Klein, and PBA RepresentativeSergeant Sam Gereg were provided the opportunity t o review the exhibits 1.1. # 08-21 Page 125 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITpresented as evidence i n this investigation prior t o his interview on August27,2008.At 10:35 AM, lnvestigator Danielle Davis cor~aucted taped interview with aSergeant David Odom in the Legal Conference Room o f the TallahasseePolice Department. Also present was Internal Affairs lnvestigator GeorgeCreamer Jr., PBA Attorney Tom Klein, PBA Representative Sergeant SamGereg and Court Reporter Ms. Sandra L. Nargiz. The MemberISubjectAdministrative Rights and OathlPerjury Warning forms were read, affirmed,and signed by Sergeant Odom. All parties present witnessed the forms.lnvestigator Danielle Davis asked Sergeant David Odom how long he has beenemployed with the Tallahassee Police Department and he replied, "January willbe 15 years."lnvestigator Danielle Davis asked Sergeant David Odom what training hereceived related to vice and narcotics. Sergeant Odom listed over fifteen schoolsor training classes he has attended over the years. These schools includedFederal Aviation Administration Investigation Related to Drug Investigation, DEAtask force orientation, FDLEIDEA Indoor Cannabis Grows, and an AdvancedNarcotic and Dangerous Drugs investigative course through FDLE.Sergeant Odom stated he was the DEA liaison officer for the Tallahassee PoliceDepartment for four and a half years.Sergeant Odom stated he has been In iPenders supervisor sinceFebruary of 2008.lnvestigator Danielle Davis asked Sergeant David Odom what backgroundchecks are done in order to find out a Cls history. Sergeant Odom replied,"There is obviously criminal histories. There is - t h e w 1 1be done. There isalso information we would contact local area law enforcement to determine thatthey are not working for another agency here in the area, such as the SheriffsOffice, DEA, and FDLE, for examples. Theres also some background checks ofwhere they work, their employers, their residence, those types of issues."lnvestigator Danielle Davis asked Sergeant David Odom, What is done if asubject is on probation or parole?" Sergeant Odom replied, "Per policy,probation and parole is a requirement that the investigators, we need to getapproval through the State Attorneys Office and typically it will go through theState Attorneys Office Probation or Parole Officer as coordinating their probationor parole for that individual, and then also through the judge." Sergeant Odomwent on to state, "Pre-trial release is not a criteria within policy as an obstacle forhaving that individual become a confidential informant." 1.1. # 08-21 Page 126 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT When lnvestigator Davis asked about Drug Court, Sergeant Odom stated, "Its not a violation of policy to have drug court associated with a restriction of probation or parole. Probation and parole is separate from Drug Court." lnvestigator Danielle Davis asked Sergeant David Odom, "Prior to this investigation that we are here for today, were you familiar with the Drug Court Program?" Sergeant Odom stated he was familiar with it. When asked what are the conditions for Drug Court were Sergeant Odom stated, "They are different for each individual. Typically the conditions are that they have to meet with the counselor, and that they will stay away from narcotics and selling of narcotics. They would also have to do urinalysis. Typically on some occasions they may have to have a job, they may have to go to school; there is some other criteria associated with it too. Its different for every individual." Sergeant Odom explained department policy did not specifically address the Drug Court issue pertaining to the use of Cls. lnvestigator Davis asked Sergeant Odom about the CI packet. When asked what happens after a CI packet is completed he replied, "it will come to my office. Before its actually completed and before the investigator will actually sit down and talk to a potential confidential informant, that investigator will come to meI and discuss that issue with me. And well have a conversation about this individual. Some of those conversations typically go to what kind of criminal history do they have, how forthright and how trustworthy are we starting to build this rapport, the potential what they can do for us in the future, and then credibility for what they are telling us to be accurate. Those factors I would say, yes, they meet those criteria for me; they will go back and actually document the individual as a confidential Informant." He went on to state, "At that point, once the confidential informant packet is completed, it would come to me and I review the CI packet, assign a number, and then notify the investigator that a number has been issued and give them a number associated with that individual. When I receive the packet, and it may take 15, 20, maybe 30 minutes to go through the packet and look at it. I may have some questions about the packet which they may not have given me fingerprints cards, for example, and I will give the packet back to the investigator and say there are some things that are missing associated with it and the packet comes back to me." lnvestigator Danielle Davis asked Sergeant David Odom how he verified everything in the CI packet was the most pertinent information. He replied, "Iwill actually go through policy and make sure that the items that are in the packet are whats on that policy, which is typically whats in the packet itself." Sergeant Odom clarified this statement saying, "I dont need to go through the policy now at this point. I have done so may of these packets, I know whats in that policy, I know whats required in there to go through it. So I dont physically have to look inthe prl:-., " 1.1. # 08-21 Page 127 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT lnvestigator Davis asked Sergeant Odom about the CI approval process.Sergeant Odom replied, "Thats approval thats verbally done through me. Whenwe are rolling or flipping or its quickly moving along that the individual officersmay not have time to actually fill out the packet, would sit down and have thatpre-packet conversation, if you will, and wed talk about it and I will give themverbal approval to use that individual. Yes, maam." Sergeant Odom stated hewould eventually sign the packet, assign a number and file the packet, afterlogging that he went into the CI file cabinet. lnvestigator Danielle Davis asked Sergeant Odom if all investigator contacts withCls, telephone and in-person contacts, documented on the contact log. SergeantOdom stated, "Face - to face communication, or if there may have been aproblem. For example, I can give you a hypothetical that an individual got calledby a target and the target says, hey, just so you know, Ive got a death threatassociated with me and there are people coming after me that may be put intothat contact log itself." Sergeant Odom went on to state that listing each phonecontact with a CI would be impractical.lnvestigator Davis asked Sergeant Odom what his role and responsibility isrelating to confidential informants. Sergeant Odom replied, "My role andresponsibility is to oversee the operations and controls over that confidentialinformant." Sergeant Odom continued to state, "So my ultimate responsibility isover the investigator and over that confidential informant that they are doing whatwe are asking them to do."lnvestigator Danielle Davis asked Sergeant Odom about the penalty for a CIviolating the rues of the CI packet. He replied, "The investigators will makerecommendations to the supervisor; the supervisor and I, myself and theinvestigator will sit own and well have discussion about what the violation was,how does that affect their status as a CI, with the fact does anybody else know,for example, or can we get past this. Sometimes we cant get past it. And if wedont get past it we terminate them as a CI and we move on." Sergeant Odomwent on to state the lieutenant can voice an opinion and terminate the CI but alieutenant has never advised him to work a CI after he has recommended atermination.lnvestigator Danielle Davis asked Sergeant Odom, "If a search warrant is servedin someones home and drugs are found, are they criminally charged prior toworking as a CI?" He replied that sometimes they are charged and taken to jailand sometimes they will "hold" the charges until the C does "substantial Iassistance." Sergeant Odom stated if the CI then does not provide substantialassistance the investigator will then pursue arrest warrants on the originalcharges through the State Attorneys Office.Sergeant Odom went on to describe substantial assistance as, "an offer to anindividual who is facing criminal charges." He explained, "By working on other 1.1. # 08-21 Page 128 o 199 f
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITcriminal charges for law enforcement, they have an opportunity to do a reductionof charges or reduction of sentencing."Sergeant Odom explained if the perscrt I 13 I axau after the search warrant andthe person wants to work as a CI, then the State Attorneys Office is consulted.He explained further that if the charges are held after the search warrant isserved and the person works as a CI, the investigator and himself will decide ifthe Cls work is substantial assistance and if the charges will be reduced.Sergeant Odom explained, "I do not refer to the State Attorneys Office for CIapproval." He explained this has been the practice in the Vice Unit since 1999.According to Sergeant Odom, the State Attorneys Office has declined to definethe term "substantial assistance" in written memorandum. He explainedmembers of the State Attorneys Office would only describe what types ofreductions or substantial assistance they wanted to see. He stated that after acase involving substantial assistance is closed the State Attorneys Office is notnotified. lnvestigator Danielle Davis asked Sergeant Odom what he considered as "not incontrol" relating to a confidential informant. He replied, "Going off doing thingson their own, or misleading law enforcement and manipulating the operation sothat, for example, the potential target is notified that law enforcement is workingthem." Sergeant Odom stated that if this occurs the CI is terminated because ofthe "officer safety issue." He went on to explain the manner in which a targetwas notified that law enforcement was working a confidential informant may playinto the decision whether to terminate the confidential informant or possibly usethe informant to work a different target. Sergeant Odom explained, "but if aperson is capable of doing a separate organization that they dont know that eachother is associated with each other, then, yes, you could go in that direction andwork that as well."lnvestigator Danielle Davis asked Sergeant Odom, Who has final approval onhow the deal is going to work?" Sergeant Odom replied, "Thats a conversationbetween the investigator and the sergeant, and quite honestly, the sergeant andlieutenant." He explained the lieutenant, sergeant and investigator would gettogether and discuss operations strategy and then he would brief the lieutenantas the case progressed. Sergeant Odom stated Lieutenant Taltha White hasbeen his lieutenant since February of 2008.lnvestigator Danielle Davis asked Sergeant Odom, "Would you have an issue ifthey went purposely to go meet with the suspect without your knowledge?" Hereplied, "If they went and met without our knowledge, we would have concernsonly because I am losing some evidentiary value here of recording thatconversation. If they were not clear directly of, hey, I didnt realize I wasntsupposed to meet with them, I thought I was doing it because I was going to helpthe case, then thats a little different story. If it was, listen, I told you three times, 1.1. # 08-21 Page 129 of 199
  • TALLAHASSEE POLICE DEPARTMENI INTERNAL AFFAIRS UNITstop meeting with them, and you are continuing to do it, we are going to cut you."Sergeant Odom went on to state, "Its not a science, its an art here of how youdeal with confidential informants."Sergeant Odom was asked, What would a confidential informant have to do foryou to no longer work with them?" He replied, "Lack of trust between myself andthe confidential informant." He stated he speaks daily to his investigators aboutconfidential informants and depends on his investigators to be forthcoming andtell him whats going on with their informants. He stated he has not approved ofsome potential confidential informants because of inactivity or if they have aviolent history.Sergeant Odom stated he has written over a hundred operational plans whileworking with the Tallahassee Police Department, the Florida Department of LawEnforcement and the Florida Department of Law Enforcement.Sergeant Odom was asked, "And if a gun is involved are additional steps orsafeguards put into place?" He replied, "It depends on the involvement of thegun. If we just think a gun is going to be present, its notified in the operationalbriefing that guns will be present. If we think that the person may be physicallyarmed and they are carrying that weapon as a sense of protection forthemselves, then theres other steps besides this operational plan and it will endup being a tactical arrest, a tactical search warrant, whatever it may be, due tothe level of the gun involvement."lnvestigator Davis asked Sergeant Odom, "You are saying theres a differencebetween theres going to be a purchase of a firearm and the fact that a personmay be carrying a firearm?" He replied, "Correct, If a person is carrying a firearmwhere they are saying to the confidential informant that -- or the confidentialinformant is telling us that this person is carrying the firearm for personalprotection, that they have been ripped off in the past, that they are nervous aboutbeing robbed, then the steps that we would take is that we would include thetactical team and the tactical team would actually do the arrest, search warrant,whatever it may be. If we are just there to purchase a firearm, and that we havenno threat for it, that - the individual is going to make the purchase, we would notnecessarily include the tactical team, no." lnvestigator Davis asked, "Okay. Imconfused because if you are going to purchase a firearm, they are going to becarrying it." Sergeant Odom replied, "Yeah, but whats the purpose of themcarrying it? Are they carrying it to the operation to sell to the undercover or arethey coming to the operation not for the purpose of selling it but for a sense ofsecurity for themselves? Thats the difference." lnvestigator Davis askedSergeant Odom, What assurances do you have that the person thats bringingthe gun to sell is not going to use it?" He replied, "Thats not the purpose of thedeal itself. The purpose of the deal was actually to make the purchase. All right? If the information was the bad guy or suspect was carrying a gun as a sense ofprotection, then the tactical team would be used." -- - 1.1. # 08-21 Page 130 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITSergeant Odom explained there is a box on the operational plan to check if a gunwas thought to be involved titled "other considerations." This would cue theinvestigator to mention the gun in the operational briefing. lnvestigator Davis discussed operational contingency plans with Sergeant Odom.Sergeant Odon stated, "Contingencies in operational plans are there to let theoperational personnel know that there may be different scenarios that take placehere, that we may be doing this type of operation, but it may transition intosomething else. They are there so that everyone has the understanding in anenvironment where we can sit own and talk about it so they understand it. Noware contingency plans automatically part of an operational plan? No they are not.Those contingency plans are there if we anticipate or we expect that there mightbe a change based on information that we are receiving from the CI or duringcontrolled phone calls with the suspect that they may not be comfortable with thislocation so we may deviate to a separate location. So thats where contingencyplans come into play."Sergeant Odom was asked, "What happens if the suspect doesnt like thecontingency?" He replied, "Call the deal. If its to the point where we dont likethe location that they are choosing, if they dont like the location that we wouldagree on, or we cant agree to a location that they may be setting up, then wecancel the deal. That has happened."Sergeant Odom was asked, "Does the suspect set the location?" He replied,"They do not determine the final location, no. They may make a suggestion thatthey want to do it at this location, and if that meets our parameters of a goodlocation that we can use, then well use it. If its not a good location that well usethen were not going to do that. Ultimately the decision to use it is really up to thesupervisor." lnvestigator Davis asked, "So a suspect can suggest a location butthe decision is left up to the supervisor?" He replied, "Correct."Sergeant Odorn stated the investigator and sergeant discuss a potentialoperations plan and after completion its up to the sergeant to approve it and signit. The investigator then makes five copies and Sergeant Odom said he keepsan unsigned version and if he approves the plan he signs it and give it to hislieutenant to pass up the chain for approval and signatures.lnvestigator Davis showed Sergeant Odom the Internal Affairs unsignea copiesof the Operational plans for May 7Ih and April 22"dand asked if there were signedplans available. Sergeant Odom stated, "I cant tell you about May 7h because Iwasnt there for that deal, so I wasnt involved in the planning there. For this planhere on April 22, though, is that I signed off on it and sent it on up to the nextlevel. Now where that copy ended up going to with all the signatures, 1 have noidea." Sergeant Odom stated if a plan is not approved by the chain of commandabove him it would come back down to his level unapproved. He said he never -- 1.1. # 08-21 Page 131 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITreceives an approved operation plan with five signatures on it. Sergeant Odomstates he receives final approval verbally from his lieutenant.Sergeant Odom was asked if the lieutenant and captain go out o t ~ uperations.He replied, "The captain has gone out on operations and the lieutenant has goneout on operations. But that is not a consistent day-to-day deal for them to comeout in operations."Sergeant Odom was asked, "During an ( n, who is responsible forwatching the confidential informant?" He replrea, ryprcally its the case agent andmonitoring team. It may be one and the same. Or a surveillance officer mayassist them. It just kind of depends."Sergeant Odorn was asked, "Is there an acceptable amount of time where a CIcannot be watched during an operation?" He replied, in essence, that it wasacceptable under certain circumstances for minimal amounts of times.Sergeant Odom stated he was in training on May 7 and was not involved in theplanning for that operation but did speak to Lieutenant White and CaptainConnell that same day. He said, "I talked to Lieutenant White just briefly thatthey were preparing to do the operation and some minor details about, hey, weare going to go - the guys that you tried to do on April 22, we are going to try todo those guys. Then I received a call from Captain Connell later in the afternoonand he was asking some questions about flash money and things of that nature.So he and I engaged in a conversation about that and I presumed it was relatedto this case."Sergeant Odom stated operations briefings are not attended by the Deputy Chiefand typically last twenty to twenty-five minutes. He said, in essence, that oncethe operation plan has started anybody could stop it if something didnt look rightor there was a safety concern.Sergeant Odom was asked, When did you learn mere was going to D e a searchwarrant served on Ms. Rachel Hoffmans apartment?" He replied, "I learned theday of the search warrant that they were going to do it and I was notified byLieutenant White." Sergeant Odorn advised he did not participate in that searchwarrant because he was in TAC training. He stated he knew there was nosupervisor on scene and, according to Sergeant Odom; lnvestigator Pender gotpermission from Lieutenant Taltha White to go ahead and execute the searchwarrant.lnvestigator Davis asked Sergeant Odom, "Do you know what level or quantity ofdrugs she was moving or what level player she was?" He replied, "She,according to lnvestigator Pender, she was an individual that was capable ofselling or moving, using you term, about 15 pounds of hydroponic or high gradecannabis." - -- -- -- 1.1. # 08-21 Page 132 o 199 f
  • TALLAHASSEE POLICE DEPARTME., , INTERNAL AFFAIRS UNITSergeant Odom was asked, "Did you review her criminal history when you wentthrough the packet?" He replied, "Yes, I did." Sergeant Odom stated he was notaware Rachel Hoffman was participating in Drug Court but if he was aware hewould not have, necessarily, notified his lieutenant or captain. He advised it wasnot against policy and, "theres no special needs we would have had to facilitatestill using her as a CI."Sergeant Odom was asked, "Did you and lnvestigator Pender have a discussionon what substantial assistance Ms. Hoffman needed to provide?" He replied,"Thats a question for lnvestigator Pender, He is the one that directly had thatconversation with her."Sergeant Odom was asked, "Do you recall seeing Ms. Hoffman at the policestation between April 18 and May 7"" He replied, "I saw her on the 1 8 ~ , day thethat she was completing the packet, very briefly. When I say briefly, walking by,seeing her in the interview room. Did not engage in a conversation with her atthat point. And then I saw her and talked to her on the 22", briefly."Sergeant Odom was asked, Why didnt you sign the packet on the 22"?" Hereplied, We were doing the operational plan that day. I was in training that day.When I left the training that day, I came in specifically to do the operation and toreview the operational plan and go through the briefing and then work on thatoperation. I wasnt there to do administrative tasks at that point. My focus thatday was to do that operation." What did he (Pender) tell you about- - me that and this was a phone call that he and a potential source of supply for Rachel and thatapparently had confronted Rachel over the weekend after herarrest and discovered that she was arrested by law enforcement. And sheapparently t o l d yes, I was arrested by law enforcement, and 1 am working asa confidential informant. And then- in turn, said okay, I can help you if youwant me to, and they had a conversation about that."Sergeant Odom stated he signed off on confidentialinformant packet stating he did this becaus a h e criteria.lnvestigator Davis asked, "You did not have a concern with the two confidentialinformants knowing each other and working a deal?" He replied, "No 1 didnt andinitially I had a conversation with lnvestigator Pender about the effects of Ms.Hoffman notifying- about the fact she was now working for lawenforcement and that oing to compromise other cases that we werework. He said, no, &ants &me in and work on her behalf, becausdoesnt w t to et in trouble, doesnt want to have criminal charges filedagainstdb s o b s t wants to step forward and do it." Sergeant Odorn 1.1. # 08-21 Page 133 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT explained, I knew when I approved that confidential informant packet that- was working on her behalf." - Sergeant Odom was asked Were ou aware that Ms. Hoffman had made arrangements to pay for assistance counting toward her substantial assistance?" He replied, "No I was not. I would not have approved that." lnvestigator Davis asked, "Did you know who -presented to lnvestigator Pender as potential drug dealer to be arrested?" Sergeant Odom stated, "I know that there was a couple, that one was an individual named which everybody knows now at this point was working at a -and there was another individual named Flea." - and& lnvesti ator Davis asked Sergeant Odom, Were you aware that Ms. Hoffman left the police station after their meeting with Investigator Pender on April 2lSt,and went to the place of employment of the very suspect -who you just mentioned, and negotiated a deal?" Sergeant Odom replied, The way that was presented to me was that they were leaving the police station on that Monday w h e n m e in to be documented and left here and was traveling on Tennessee Street headed back to the residence, and they wereI flagged down by as they were driving by. Then that basically a happenstance meeting where they felt that they needed to stop, otherwise if they kept going, then W w o u l d be suspicious, hey, why are you trying to blow me off, those types of things. Thats the information that was received." When asked if he was okay with this meeting Sergeant Odom stated, "Well I wasnt necessarily thrilled about the meeting and the reason why, because it .was evidentiary value that we missed in that meeting and that needed to be covered by law enforcement to make sure that we can monitor and get that information for evidentiary, purposes, yes." Sergeant Odorn stated lnvestigator Pender told him about this unauthorized meeting with the target, Ms. Hoffman and and he approved of Ms. Hoffmans continued use as a confidential in ormant afterwards. Sergeant Odom stated he notified Lieutenant Taltha White of this unauthorized meeting during a conversation in a training class. He stated Lieutenant White asked if any of the meeting was on tape. Sergeant Odom said he found Ms. Hoffman to be a credible, reliable informant. He explained this trust was because, in part, she told them (Vice) when she revealed to informant. Another (potential target), that she was working as an was she seemed bright, educated and not nervous about working as an:informant. -.----- 1.1. # 08-21 Page 134 of 199
  • TALLAHASSEE POLICE DEPARTMElr I INTERNAL AFFAIRS UNITSergeant Odom stated he was not involved in the April 22nd operation but heverbally approved the plan. He said the suspect for that plan was known only as Sergeant Odom stated he was concerned about this but added that, "ithappens on many occasions."Sergeant Odom was asked, "What steps did lnvestigator Pender take to identifythe suspect?" He explained lnvestigator Pender took photos of the business,checked the license for the business, ran a city utilities check, ran tags andshowed the CI s photos of the persons associated with the business.Sergeant Odom was asked if he gave lnvestigator any direction on how to try toidentify the suspect. He replied, "No, lnvestigator Pender is a very thoroughinvestigator on doing background checks. He actually continues after the 22nd -and ultimately identifies who it is by doing additional checks. He identified if Iremember correctly, he identified one of the two for the 22" - or for the 7Ih dealis what he does. So he does a great job dong that, quite honestly."lnvestigator Davis stated, "So let me get this straight. The search warrant is April 17~. On April 18Ih she makes controlled calls to the police and she she revealed her CI statusto Hoffman go to deal. April set up with an unidentified suspect. Is thatcorrect?" Sergeant Odom replied, "That sounds correct."-Sergeant Odom was asked, "Were you aware of what I just mentioned to youprior to the April 22ndoperation?" He replied, Yes." lnvestigator Davis thenasked, "Did anything cause you concern?" He replied, "No. maam."Sergeant Odom was asked, "What assurances did the agency have that Ms.Hoffman had not rev s as a confidential informant to the suspect like she did with r?" Sergeant Odom stated, in essence, thatat that point, her motivation, trust, and honesty levels were, "pretty high."Sergeant Odom stated that there was talk of a possible gun purchase in thedeals planned in April but not a "confirmation." He stated he did not know howthe gun was actually brought up. When asked if lnvestigator Pender told himanything about a gun on April 22"d, he replied, "No, the only thing he told meabout a gun, being there, that there was conversation about a gun, that therewere pictures associated with looking at a gun and everything else. Thats whatthey were talking about, but that was never confirmed they were going topurchase a gun there on the 22", no." 1.1. # 08-21 Page 135 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITSergeant Odom stated he was not involved in the May 7h operation until 7:30 pmbecause he was on approved vacation May 5ththrough May 7th. He said hecalled Lieutenant White at approximately 7:00 pm and was made aware of whathappened. He said he then responded and worked all night and the next day.Sergeant Odom was asked how Sergeant Looney became involved in theoperation on May 7" He replied Sergeant Looney was asked by the captain toassist with the operation as the on-scene supervisor.Sergeant Odom stated he has not had any issues with investigator Penderrelating to the handling of confidential informants. He described lnvestigatorPender as, "Probably one of the best investigators I have in the vice unit."On September 3, 2008, lnvestigator Danielle Davis conducted a secondtaped interview i n the legal conference room with Sergeant David Odom toclarify a few items from the first interview. Sergeant Odom was remindedthat the OathIPerjury Warning and the Police Office Statement of Rights hesigned in the first interview were still i n effect. In addition, the followingpersons were present: Internal Affairs lnvestigator George creamer, Jr.,PBA Representative Sergeant Sam Gereg, PBA Attorney Tom Klein, andcourt stenographer Danielle Freeze.Sergeant Odom was reminded of the Garrity notice and administrative perjurywarning he signed during the August 27, 2008 interview, and was reminded hewas still under oath for this interview. Sergeant Odom acknowledged he was stillunder oath.Investigator Davis asked about the fact that although RachelHoffman was a C before 1 er CI number (1129) was higher than (1127). Sergeant Od CI numbers are not assigned in the number of the submission of the CI packet. He explainedinvestigators leave the CI packets in a stack on his desk for review and numberassignment. If there are multiple CI packets to review at one time, the CI numberis assigned in the order in which he finds it in the stack, not upon the date of thereview submission.lnvestigator Davis asked Sergeant Odom if he reviewed C1 Rachel Hoffmans CIpacket prior to her being used as a CI in the planned April 22, 2008 drug deal.He stated, "No, I did not." He stated he understood what was in the CI packetfrom talking with lnvestigator Pender, and once he did review the packet, found itto be completed accurately. Sergeant Odom told lnvestigator Davis he did notremember if there was NCICIFCIC information in the packet, but stated, "therewas a criminal history check in there." 1.1. # 08-21 Page 136 of 19!
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITSergeant Odom was asked if he had ever discussed what he knew about RachelHoffman with Sergeant Looney. Sergeant Odom stated "No", and stated he"never had an occasion to talk to him (Looney) about that."Lieutenant Taltha White:Lieutenant Taltha White, PBA Attorney Tom Kleln, and PBA RepresentativeSergeant Sam Gereg were provided the opportunity to review the exhibitspresented as evidence i n this investigation prior to his interview o n August28,2008.On August 28, 2008, lnvestigator George Creamer, Jr. conducted a tapedinterview in the Legal Conference Room with Lieutenant Taltha White afterbeing advised of her Oathiperjury Warning and Police Officer Statement o fRights. Sergeant Sam Gereg was present as Lieutenant Whites P.6.ARepresentative. P.B.A. Attorney Tom Klein represented Lieutenant Whitefor the interview. Also present for the intenriew was lnvestigator DanielleDavis and court reporter Sandi Nargiz.Lieutenant White has been employed at the Tallahassee Police Department forapproximately 21 years. She was asked to describe the assignments she hashad during her employment. Lieutenant White stated, "Started in July of 1987, 1was on the power squad from August of 88 to September 89. I was on theselective enforcement squad from, that was a TDY position, COP squad, it wascalled collective enforcement, from September 89 to January 90 because it wasa three month TDY assignment; crime prevention officer from January 1990 toMarch 1991, field training officer from March of 91 to October of 1992. 1 waspromoted to sergeant in October of 1992 and was southwest patrol sergeant onmidnights from October of 92 to June of 96. Sergeant Alpha COP squad fromJune of 96 to June of 99; Field Training sergeant from June of 99 to August2004; Crime Prevention sergeant from August 2004 to May 2005, at which point Iwas promoted to lieutenant. And I was a Watch Commander and theCommander of the Special Response Team. Commander started November of2004 to present, and I have been lieutenant since 2005, started the watch office,then went to Vice Unit, it was January 28 of 2008." (pages 8:15-9:9)Lieutenant White was asked how much experience she had in Vice prior to beingassigned as a lieutenant. She stated, "The TDY assignment was - again,remember the nighttimetdaytime vice, it was the nighttime vice LieutenantMaureau across the street, so we had three months there. COP squad, we did alot of things, it was a lot of drug work also; drugs, prostitution, and neighborhoodissues kind of stuff. So we did that for three years." (page 9:14-20)Lieutenant White was asked about the training she received for Vice when shetook over as the Vice Commander. She stated, "The formal training as far asvice and narcotics, I met with Lieutenant Montgomery for a day and he tooknotes - understand, Vice is not just - the lieutenant up there is not just Vice. You ------ - 1.1. # 08-21 Page 137 of 199
  • TALLAHASSEE POLICE DEPARTM~N I INTERNAL AFFAIRS UNIThave got - you are the lieutenant over the crime analysis unit, you are lieutenantover the Crime Intel Unit, and you are lieutenant over the Vice Unit, and thenlieutenant for the tech spot, so its not just Vice."So I met with Lieutenant Montgomery, he went through each section, I tooknotes about that kind of stuff. I dont know if Iam answering your question or not,but thats the kind of introduction that I got going into the unit." (page 10:lO-22)Lieutenant White stated her meeting with Lieutenant Montgomery lasted severalhours. They did not discuss Vice Standard Operating Procedures (SOP). Lieutenant White was asked if she received any formal training as to what Vice investigators do. She stated, "No." (page 11:l) Lieutenant White was asked ifshe had expected further guidance and instruction on the Vice Unit. She stated,"It was an understanding with me going in that you had two veteraninvestigators/sergeants that 1 would use and Captain Connell. Because again,administrative, there is more to getting this position than being a Vice lieutenant. -There is because I was very familiar with Crime Analysis and the STACC(Statistical Tactical and Crime Control) I have been involved in that for a longtime."The intel is a little bit new to me except I was already doing crime intel, so Iknew some of the that stuff too. Of course, the tech I knew, talking about ChrisCorbitt, I knew that he could go and track a cell phone and I knew he could puttrackers, but I didnt know all the stuff he could do. Thats a continuous learningprocess, because he is learning, he gets new stuff every day."So the understanding was that, you know, all the ops plans and everything wasgoing to be run through Captain Connell anyway, if I had any questions, to cometo him. And depended on the two sergeants because they had more experiencethan I did. But they were the field operato~ m more the administrativeoverseer." (pages 14:19-15:14)Lieutenant White was asked what her duties were in reference to confidentialinformants (CI). She stated, "Nothing directly to confidential informants.Confidential files, 1 do a quarterly review of the files, an inspection is actliallywhat it is now termed. I have no signatures on the confidential informant files,and I keep, I maintain the key. Mine are the responsibility for the files, not theconfidential informants, the confidential informant files." (page 16:7-13)Lieutenant White was asked what her responsibilities were in reference tooperational plans. She stated, "Even though there is not a signature place for meto sign them, the plans, after the sergeant - let me tell you, the plan itself endsup coming to me to review and go over it and then I walk it up to Captain Connell.But the - its an ongoing process throughout the day, two days a week. Its aconstant talking and talking, until you get down to writing it. We hash - we vet alot of things out; what if we do it this way, what if we do it that way. Its usually 1.1. # 08-21 Page 138 of 199
  • TALLAHASSEE POLICE DEPARTMENIT INTERNAL AFFAIRS UNIT the tactics kind of thing, its not talking about the confidential informant. And its talking about bad guys and the tactics." (pages 16:15-17:l) Lieutenant White was asked what responsibilities she had when it came to ongoing investigations and oversight. She stated, Well try to do a weekly meeting, but I will tell you right now it wouldnt always happen weekly, but usually Mondays afternoon at 1:30 we will have a meeting and I would just take notes, where are you at on the case, what do you have going because my captain is going to want to know what you have going. Are you having any or are you anticipating any search warrants, anticipating any buylbusts? What do we think about doing this week?" (pages 17:23-18:6) Lieutenant White was asked what she considered a major investigation and would she consider the investigation involving CI Rachel Hoffman a major investigation. She stated, "It was - for me it was major because of two things. We were using more money than I had done. I know they had done bigger deals but this was a new one for me. It was the first time that there was discussion of doing a buylwalk, hit it directly with a search warrant kind of, and having an anticipatory search warrant, had never done any of that. The buylbust, yes, I was familiar with, so that buylbust part of it, if it went to aI parking lot, I was fine. I was familiar with that. But the other side of it was different for me; again I am in there for three months, actually a little bit less than three months because of the other training I went to. But it was - so a lot of things were new to me but that was one that was new. Buylbust and do search warrants I was familiar with this, but this was a case that, major in that it was a lot of discussion going on." (pages 21:9-22:2) Lieutenant White was asked if she reviews tli e CI files. She state1 The Way d, that Lieutenant Montgomery explained it to me for quarterly inspections, he said Looney used -would do them and let me know that he did them. When I came I didnt want to do it that way. I wanted to go into the cabinet with Odom and Looney, and the last one I did was - I only did one because I was only there three months - with Odom and we just picked some random files, opened it up, made sure all the signatures were there, made sure all the documents that were supposed to be there were there, not just see criminal history checked, no, I wanted, everything had to physically be there, the prints were there, everything was there, take a glance at the log and see, has this person been used recently? Are they staying up - if the last date is 2006, we need to take a look at this, is it time to deactivate it, that kind of stuff. We would randomly pick a few. And I would mark, actually the way that I did it is marked it in the book that said on this date, did quarterly inspections." (pages 24:21-25:15) Lieutenant White was asked if she expected her supervisors to keep her up to date on what was going on with the different Cls and did they do this. She stated, Would I expect it? Yes. Did they? No, minus Pender telling me about 1.1. # 08-21 Page 139 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITthe Hoffman thing. I didnt even know her name. I can only think of one CIbefore May 7 that I know a name, and that was one of Suleskis and that wasbecause it had been an ongoing thing for so long. Thats how Suleski referred tothem. Most the time they dont refer to them by name. They will refer to it bycase. As a matter of fact, Pender says do you remember the girl from Polos Onthe Park that I did? Yes, I didnt know her name until after she went missing."(pages 2525-26: 10)According to Lieutenant White, she had never directly supervised a confidentialinformant. She had never sat in on an investigator interviewing a confidentialinformant. Lieutenant White stated, "No, when I was a sergeant I oversaw theconfidential informant because I was one that signed, I was the sergeant, Isigned off on the packet. None of them were assigned to me; they were alreadyassigned to the other COP squad officer. In that three months back in 90s whenI was at - I know I did one search warrant, but I dont know that I did it with aconfidential informant. I thing I did it just off, based on crime stoppersinformation. So have I directly had a confidential informant assigned to me? No."(page 27:4-17)Lieutenant White was asked what ner expectations were as to how herinvestigators discussed being a CI with a suspect. She stated, "I expect them tofollow - the packet follows policy. And then they are going to ask him who doyou know, what do you know, how do you know them, how much can you - they -are going to try 1 would expect because again back in the COP squad days,you would find out what your normal - what do you normally do. You try to getthem to tell you about themselves first. And then if they mention so and so, soyou go over to Popcorns house and get some, how does he get it, what do youknow about him, how often do you go, and you just keep working on, workingaround." (pages 28:24-11)She stated, "They look i bLieutenant White was as d what background checks are done on potential Cls. hey do - they run - they usually, because of thephotos, is an easy one of use, they run their DL, if its a Florida DL, put that inthere. They do their CJlS check, FCICINCIC check." (page 33:2-5)Lieutenant White was asked whether pretrial release would be an issue withenlisting a CI. She state, "lts not listed in policy." Lieutenant White was asked ifpretrial intervention would be an issue with enlisting a CI. She stated, "lts not inpolicy." She was asked if these were issues with her. She stated, "No."Lieutenant White was asked if she knew what Drug Court was. She stated, "No.I know - can I rephrase? I know just from working the streets that there is a drugcourt. What my personal - Ive never personally gone and said to the StateAttorney or anybody and said what is drug court? What do they have to do? Mygut tells me, and I may be completely wrong, that its like a misdemeanordiversion program. Have I ever gone to court and said what is misdemeanor 1.1. # 08-21 Page 140 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT diversion? My understanding is if you do what you are told, then you dont have the charges, you are not really charged with it. "I am assuming, again, that thats part of the drug court also, is that you have an opportunity to follow the rules, whatever they happen to be, and if you dont violated those rules, whether its just make sure you come to the court, I dont know. But I dont know what the rules, that you want to be formally charged with it or its dismissed, the charges are dismissed." (pages 33:17-34:16) Lieutenant White stated that had she known the conditions of the Drug Court program and had known those conditions is that the participant cannot be in possession,of drugs and cannot use drugs she would have contacted the StateAttorneys office for guidance. Lieutenant White was asked if one of hersupervisors had known the conditions of Drug Court and had knowledge a CIwas in the program, would she have expected the supervisor to inform her. Shestated, "If - drug court has never come up the three months I was in there, didntcome up the day of May 7" If Pender and his - when he was sitting there, 1 know we are going to get to this. If Pender was sitting there telling me the storyabout this CI and how we got it and happened to say she is in Drug Court she -the reason she cant come in until 5 oclock today is because she has a UA,because she is in Drug Court, she has to do a UA for a Drug Court. How aboutthat, lets put it that way."And that probably would have gotten my attention and I would have said, DrugCourt, how does that fit in? Does that fit in with the parole and probation rule?What have we done with this in the past? That would be Looney and Pendersitting right there in front of me. And if their answer had been we alreadychecked into it, its not a problem, we keep going. If the answer had been, I dontknow, we never thought about it before, its not in policy. Then my next questionis: What is Drug Court? Anybody know? If it got to the point where they couldntgive me these answers, we didnt know, I would say lets check into it." (pages37:ll-38:lO) Lieutenant.White stated that she had not been informed that CIRachel Hoffman was in the Drug Court program.Lieutenant White was asked if verbal approval of a C packet was sufficient to Istart use of a CI. She stated, "They would have to do the whole packet, they -would have to and I want to answer that. They have to do the entire packet,theyve done the background checks, the sergeant asks the questions, have youchecked for the parole and probation, blah, blah, and they said, yes, because thesergeant may not be in the office for whatever reason or talk to them. Verbalapproval is fine. The packet is sitting on your desk, Sarge, when you get back."(pages 39:24-40:7)Lieutenant White stated she is briefed on cases, not Cls. She stated, "So I amnot talking about their Cls, I am talking about their cases. Now in talking about------------.- ------------- 1.1. # 08-21 Page 141 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT the case, are they saying what their C1 is doing and what they are not doing?" (page 42: 11-14) Lieutenant White was asked what type of issues with CIS she would expect to be brought to her attention and what she would expect her sergeants to take care of. She stated, "Some of both. The investigators are going to be dealing directly with the sergeant on what the CI is doing. And again, both my sergeants have more experience that me. Most the time they are making the decision, they are just coming to tell me what it is. Has anyone of them come to tell me that, hey - I am going to deactivate the CI because theyve done this, this and this? No. In the three months I have been there, no, it hasnt happened. I am sure it has happened before me." (pages 43:20-44:4) Lieutenant White was asked if she would expect to hear from her supervisors andlor investigators should a CI be arrested. She stated, "On a case that they were already working and it messed up their case, yeah, they would tell me that." The question was clarified to reference the Cls arrest only, not affecting an ongoing case. She stated, "I would probably hear it. Do I expect to hear it? 1 dont know, I wasnt there. Its a tough -" Lieutenant White was asked if she at any time sat down with her sergeants andI told them what she expected to be notified on concerning Cls. She stated, "No, I hadnt. And I probably, as you learn the job and things happen, then you are going to - ok, wait a minute, guys. This is the kind, just like as a patrol sergeant - this is the kind of things you got to call me and tell me, this is what I need to know. And because even though you kind - buy no, did I have a formal sit down, these are the kind of things I want you to tell me? No." (pages 44:23-455) Lieutenant White was asked if it was a hindrance that the lieutenant leaving the position had such a short period of time to go over Lieutenant Whites new position with her, such a short period of time for her to shadow someone in this position. She stated, "Absolutely." (page 50:20) She was asked if Captain Connell provided her guidance. Lieutenant White stated, "Not in particular, not necessarily each individual function of the job but in the overall, he would kind of, if you have any questions, come to me. Just - I dont have any notes that I sat down and talked to him. Have we had many conversations about - he would come downstairs, I would go upstairs, how is it going? What are you doing? That kind of stuff. Or I am going to need - on these ops plans, this is what I need. this is what I am looking for. If I bring him one, we made changes. I cant tell you a time that I went up there that he didnt find something that he wanted different in an ops plan and I would take it back down." (page 51:20-52:8) Lieutenant White was asked if she voiced any concerns reference orientation and training for her position in Vice. She stated, "No. And I am not trying to voice it now, I am answering your questions." She continued, "No, I had two veteran sergeants as far as their experience in the unit had a fairly experienced unit, I 1.1. # 08-21 Page 142 of 19!
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIThad - the newest one came on board was Ray Finales when I was there on K-9;thats kind of actually different. And everyone else was there before me. And Ihad a captain that was very hands on, very accessible. I could call him any timeof the day or night, was expected to call him any time of the day or night if Ineeded anything."So I am not voicing that I am concerned. I am answering your questions; youare asking me did I have a policy. But I knew if I was uncomfortable aboutanything, that I could go to him, and 1 could actually ask the sergeants first andlook at policy." (page 52:19-53:7)Lieutenant White was asked if Captain Connell gave her guidance on howinvolved he wanted her to me in the Vice Units day to day activities. She stated,"No, the closest we came to talking about that - and again, you are only focusingon the Vice Unit. He gave me direction on all this. On the Vice Unit thing, I saidlook, I said, I am not looking to go out and do the buylbust and the searchwarrants and everything every time with these guys. He goes, no, no, no, no, Idont want you to. I said I dont want to be one of the boys. I want them to lookat me with respect, but I am going to go out on one here, one there, just so I cansee what they are doing. And so I can - I want - 1 can do it as an overallobserver of what they are doing. And thats what I ended up doing."I had two search warrants, one on each side, one on interdiction and one ongeneral and one delivery. I had not gone on any buylbusts. I went to thebuylbust training that Boccio put on. And 1 went, I said did one control delivery,again bringing up the rear kind of thing." (page 53:15-54:8)Lieutenant White described an operation on which she joined the Vice Unit in thefield. She was asked what made that operation one she felt she needed to beinvolved in the field. Lieutenant White stated, "It involved other agencies, thatand it was an all day kind of deal. And I didnt have a role as in you are going toimpound this house. I was just there again."Lieutenant White was asked if Captain Connell gave her direction as whatoperations he expected her to be in the field on. Lieutenant White stated, "If Ibrought him an ops plan and he said I want you here on this one, he didnt -because we talked about every one. So if he wanted me on one -" (page 55:lO-12)Lieutenant White was asked questions concerning different types of operations,buylbust and control buys, and different funds of department funding for eachoperation. The questions concentrated on using money from the Flash Fund fora control buy operation. ------- ----.--.- ."-- - 1.1. # 08-21 Page 143 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITInvestigators Note: Per General Order 14 (Cash Management), Flash Fundmonies are "used by the Department for show when dealing with drug andnarcotic offenders".Lieutenant White stated, "On April - on the May 7h Rachel Hoffman. What doyou want you to call the thing we were going to do at the house? So that was - Itold you that was new to me. So that was the discussed with the captain.Captain says, Look, its - we are still to immediately go over and have the placesecure. We are going to immediately go in there and get the money. So yes, themoney can stay inside. We are going to go in and get the money." (page 72:l-11).Lieutenant White explained that Flash Money can be under their control withouthaving eyes on the money itself. She gave the example of knowing the money isin a house and the Vice Unit having the house surrounded or having the moneyin the possession of a CI and having the CI under observation. Lieutenant Whitestated that it was common for CIS to operate alone in buylbust operations underthe observation of Vice investigators.Lieutenant White had been in the Vice Unit as a l~eutenant approximately 3 formonths on May 7, 2008. She had no experience as a Vice investigator orsergeant. She was asked if she relied on the experience and training of her twosergeants and captain. Lieutenant White stated, "Let me tell you, I have workedwith Captain Connell, Sergeant Looney, and Sergeant Odom for years. And timeand time and time and time again, they have shown very good judgment, veryknowledgeable people. And I trust them whether I am there or not. I trust themto make good decisions. And so did I have - you know, I would come up withsome things: Can you do it this way? Oh, yeah, I havent thought about that.Sometimes, no, we tried that before, this is what happens when you do. Thosekind of things. Its not like I was a complete moron and didnt do anything."I had input in it, but did I - I knew - and I dont know if it was set up this waywhen Montgomery was there or not, but I knew that when I sat down with thecaptain to go over the operation plan, if he said this is good, then it was good."(page 85: 18-9)Lieutenant White was asked if during the discussionoperation anyone had an issue with the plan forSummerbrooke. She stated, "The discussions I had about the May 7h was withPender, Looney, and Captain Connell. So yes, we discussed that back and forth,the pros and cons of doing it that way. And, of course, until we actually - the firstinformation we had was just it was a house in Summerbrooke. We didnt evenhave an address. Of course that was way early into the conversation. We had tofigure out where the house was, so we should know what was going on there.But so yes, it was - we discussed about the pros and cons of all of that." (page86:25-87: 13) 1.1. # 08-21 Page 144 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Lieutenant White was asked if it is clear in the operational plan who is assigned to watch the CI. She stated, "All the ones that - the three months that I have been there, whoever is monitoring the CI, and which usually is the case agent is the one thats watching the CI. Thats how it happened. Even though its not - its actually on the ops plans, whos the monitor and all that kind of stuff. But thats how it goes." (page 90:l-6) Lieutenant White stated she had never filled out an operational plan but had attended briefings and read operational plans in the past. For the operation on May 7, 2008, Lieutenant White was present for the planning but did not see the completed operational plan or attend the briefing at length. Until she saw the operational plan the following day, the only location she knew to be on the plan was I . !- Lieutenant White was asked who is involved in choosing the location for an operation. Lieutenant White stated, "It is. I know you heard this answer before, and its the absolute truth. You can have -just like that particular thing, you have the house, thats a set thing here. And then if it could go - because it there is any other discussion about any other places it might happen, because thats usually what happens, if you had Walmart, Forest Meadows, Pan Station, andI Circle K as scenario two, they are all the same because they are a parking lot, - they are all suitable for to do a buylbust. - "So you could list all four of those on there if you want if thats what you want to do. But everything would stay the same. The tactics would stay the same, the arrest team one will always be arrest team one, arrest team two would always be arrest team two. Everything stays the same. So who determines -we determine the final - okay. If they say were going to do it at Forest Meadows, whether we discussed it or not, thats - I know thats a - but well get to that. Just say we are going to do it at Forest Meadows. If thats a suitable location for us, and we can beat the CI there, get set up, see what it looks like; see if everything is okay, then thats a suitable location so we agree to it. If we get to Forest Meadows and there is Maclay track team sitting there, they are all out in the parking lot or theyre having a big tennis tournament that day, we go, uh-uh, get her to call him back, this aint going to work." (page 97:ll- 98:16) Lieutenant White explained the approval process for an operational plan in general. Those involved vetted out between the investigator and sergeant. Later the lieutenant and possibly the captain are involved in hammering out the possibilities. After the planning is done, the investigator does the background work and types up the operational plan. Lieutenant White stated she slightly changed the procedures at this point when she joined the unit. 1.1. # 08-21 Page 145 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT When I got there, they would bring me four or five copies of the thing and it would be signed off. And then what would happen is I would go through it, I would find mistakes. So we just wasted these five copies. So it was just a constant battle. So again, I am learning these things - you got to go - I said, Wait a minute, this is the way I want you to do it. We were just getting into this. Bring me a copy. And one of the first things I write on it is "Draft" when I got it, put a sticky in case it turned out to be a good one. And I would start reading through it. "If I didnt find anything wrong with it, it was signed, it talks about what we talked about. Everything is - looks good. Then I take it and I physically go to and - walk it up to Connell. If he is not there, I would leave it there and say, call me, this is something they want to do today, tomorrow or this is not until tomorrow. Whatever happens to be. So he is not there, he would end up calling me. And instead of talking about it on the phone, most of the time I would go up there with him. But if he called me up and says, Hey, I looked at the ops plan, looks fine, looks pretty good. Very rarely if ever did that happen." (page 100:8-101:9) According to Lieutenant White, her sergeants were instructed on this procedure. She wanted the investigators to keep the signed original on the operational plan. Lieutenant White was to be given a signed copy. If she approved of it, she wouldI make the copy for Captain Connell. If he approved, she would make him the copies he needed to brief the rest of the chain of command. Lieutenant White was asked how this process worked for the May 7 , 2008 operation involving CI Rachel Hoffman. According to Lieutenant White, she was assigned to monitor a project from the citys Information System Services (ISS) several days earlier. ISS needed to access all computers directly to update software. A supervisor had to be present for this project in each section. Homeland Security and Special Investigations (HSSI) was scheduled to be updated on May 7, 2008. Sergeant Odorn would be on vacation and Sergeant Looney was off duty at 3 prn. Lieutenant White volunteered to be present while ISS completed HSSI. Lieutenant White stated that she was also preparing for a Run for the Money day with the Special Response Team (SRT) the following day, May 8,2008. When the May 7moperation was discussed, Lieutenant White reminded Captain Connell of the ISS project scheduled for that day. According to Lieutenant White, Captain Connell stated, "I got it," meaning the operational briefing. Lieutenant White would still be involved with the planning but Captain Connell would take care of the briefing. There were several issues that came up with the ISS project. When Lieutenant White came back to her office she looked for a copy of the operational plan on her desk. There wasnt one. Lieutenant White dropped by the briefing. Investigator Pender was briefing o n e 0 1 She looked on the table - -- 1.1. # 08-21 Page 146 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITfor an extra copy of the operational plan but did not see one. At this point shewas approached by Officer Ray Roa who was doing the ISS project. One of theVice computers, lnvestigator Boccios, was locked. Lieutenant White gotlnvestigator Boccio out of the briefing to fix his computer. She then stayed withOfficer Roa. Lieutenant White stated, "So thats - my duties starting at 3:00, 3:30on involved the - it involved the - doing the computers. So I dont know whatPender did with it." (page 108:14-16)Lieutenant White was asked if she considered calling in Lieutenant Wheeler tohelp with the ISS project. She stated, "That would have been something that Ididnt think about doing. I dont even know what Wheeler was doing that day; Icouldnt tell you. He may have not been there; I dont know. But Captain Connellsaid, I got it. So there was not an expectation for a lieutenant to be on scene."(page 110:5-I 1)Lieutenant White was asked if, with all that was going on, she consideredpostponing the operation. She stated, "A lot going on every day up there." (page113:18) She stated the only out of the ordinary business was the ISS project andpreparing for SRT practice.Lieutenant White was asked if she voiced any wncern that she had not seen acopy of the operational plan. She stated, "Well, because something - because ofthe outcome of this -the operational plan, the mistake in the operational plan onthe first part (referring to a typo and misprint on amount of drugs to bepurchased) is not what got Rachel Hoffman killed. The only thing that wouldhave done is if I had seen that plan, I would have had the top part corrected. Allthe tactics would have stayed the same. Okay? It wouldnt have changed; noneof the tactics would have changed." (page I 14:8-17)Lieutenant White was asked about the search warrant performed on RachelHoffmans apartment on April 17, 2008. She stated she was aware lnvestigatorPender was working an investigation and was made aware by lnvestigatorPender when he started typing up the search warrant. While lnvestigator Penderwas completing the search warrant, officers on scene reported Rachel Hoffmanhad exited her apartment and was giving consent to search. lnvestigator Pendercompleted the search warrant. According to Rachel Hoffman, no one was in theapartment. She provided officers with keys. lnvestigator Pender and officers onscene did a quick briefing and then searched the apartment. An operational planwas not completed and a supervisor was not on scene for the search warrant.Lieutenant White stated, "Yes. It was an informed decision that I made. Okay.No dynamic entry, its a one-bedroom apartment, theyve been watching it,nobodys come and gone, she says nobody is in there and shes admitted, hey,Ive got a quarter pound of weed and some pills inside. Thats - that was adecision that I made. Theres no sense in doing - getting everybody there."(page 122:19-25) -----.---.- -.- -- ----- 1.1. # 08-21 Page 147 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITAccording to Lieutenant White, during the April 22, 2008 operation involving CIRachel Hoffman, she was in school at the Pat Thomas Academy. SergeantOdom was with her. Sergeant Looney called and provided a brief synopsis of theoperation being planned. She was told the Career Criminal Unit (CCU) would beinvolved and they were planning to utilize a sniper on a building near the targetlocation. Lieutenant White stated, "...and I stated, well, that seems prettyextreme but you guys handle it. I am not going to supervise from out at theacademy in the middle of a six-day training class." (page 126:lO-22)Lieutenant White stated that she had no role in the April 22"d operation. Sherecalled Sergeant Odom telling her at the end of the day that he was going tohead in and assist with the operation. She also recalled speaking to SergeantOdom during breaks in the class. At that time she did not make the connectionbetween CI Rachel Hoffman and that operation. Lieutenant White was not giventhe name of the CI for the April 22"doperation.Lieutenant White stated the first time she recalled being briefed on CI RachelHoffman was on May 7, 2008. She was asked to describe that briefing.Lieutenant White stated, "On May 7, late in the morning, I know Pender normallycomes in at 11:30 but - so it was somewhere in the at time, could have been -but sometime late morning. Looney and Pender walk into my office an say, hey,we need to talk to you about this plan that we are trying to put todether, whatsgoing on with this operation. So thats when Pender is really doing the talking.Looney is sitting down, they sit down in my chair. And I dont know if he startswith the amounts or with the background. So well just go to the background. -The background is, hey, remember the girl on that the Polos on Park. Yes. Iremember that. Well, we documented her and then do you know we tried to do adeal back in April. I said, okay, I dont know that I knew that that was the sameCI, but, yes, I know that deal didnt go for some reason. Yeah, they couldnt -come up with all this is a continuation of that deal. The guys now saying wegot the product.name, -"So that may have been when he said we are going to do 15 ecstasy, we got agun (reading from her notes). He describes we are either going to go 25 or 22,something, his brother- -one is silver, one is dark you know what I am trying to say. And one costsmore than the other. He gives me one guy that we have been talking to, hespells out the name for me, we call him - he goes by- but he spells out the black male, date of birth. I asked what his history is,DWLSR, weed, hemp. There was another guy supposed to be his brother or I dont know anything else about, I put -, threequestion marks. So he is kind of outlining the deal. So that may have been howthat flowed."From there he says, okay; let me tell you about how we got here. You knowabout the search warrant, I got it, she came in, she wanted to work. Yes. When - ---- --------."-.- - 1.1. # 08-21 Page 148 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT she comes in. she tells me some guys that she can do and one of them that she - - was going to do is . So she is going - we start placing some control calls t ey en up golng to text messaging and that stuff, so we set up a deal with- I dont remember what the deal was, whether it was ecstasy or whatever. We set up a deal f o r m She ends up calling me - I think ven said I dont remember if it was that night or the next day, but I get a call rom her that says Ive got some good news and some bad news for ou. So hes telling me the story. He says, well, the bad news is after I l e f t , b called me, confronted me, and said, hey I heard your place got raided, are you trying to set me up, and she confesses. She says, you are right I am sorry. I - have I did. And Pender says I - Pender is animated when he says I asked what the good news is the good news i a w a n t s to come in and help me out. a n t s to meet y o u . m a n t s to tell you w h d k n o w s and help me out. And m first question to Pender was: Why in the world w o u l m o that? Why d o e d a n t to do that? And he says, well, they are n-d on girlfriend, she has a l l ) but my belief is t h a t k e s her, is sweet on her, the term.)used is sweet on her. So my - he said my interactio because remember this is well after the - this is on May 7Ih. So my reactio rib IS kind of sweet on Rachel. Thats w h m s doing it. I said okay. So that causes me to pause a little bit. And keep going.i "So anyway,-omes in, I d o c u r n e n t ~ , ~ c t u a ldoes a deal f o r m ly guy named Flea. We get that done. It went fine, did a buylbust on him. We did that on the 24Ih of ~ ~ r Didnt have any problems there.- And then when I am i . documenting - but that time I am documenting-asmtarts talking about this guy n a m e d a t the -there and so we are going to end up work on him once I get more information. I send them - they go on their way. And I get a call from Rachel again, I believe it was that night, said, hey, I want you to know that when we left there, we ended up - actually I dont know if it was a phone call or in person, but he gets the infor were driving by, sees us, flags us in, and they actually do an introduction outside my corL-- iliwb ixrol. When we left there, we introduces them and "And I said, what do you think without it. He! said it didnt really hurt our case, remember I told her she cant do that, but at the same time they cant avoid these people. And it didnt hurt our case. We actually completed the introduction. And so he ends up telling me that. That, hey, thats what happened. Okay. But -- I am not saying this - only one - "So in my mind 1 am going kind of going over things in my head as far as I asked Pender what does this do for your case. Really other than the fact that I cant use anything that happened there in my case, it doesnt hurt my case. They have actually done the introduction, so weve actually done something we were going to do anyway. That was one of our options was to do an introduction. So it really didnt hurt my case." (pages 130:l-132:16) - 1.1. # 08-21 Page 149 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Lieutenant White wastasked if she relayedthis background to Captain Connell. She stated she did recall that Captain Connell came in during the conversation. Lieutenant White was not positive when Captain Connell came in but she believed it was at the beginning of the discjsdon on CI Rachel Hoffman. (page @0:24) Lieutenant White stated, "As far as going in my head as far as do we Wave any problems with Rachel to continue to use her. She was truthful to him. She was - she ended up - I related this. If this makes sense to you." Lieutenant White continued, "So I am thinking, you know, yeah did she do some things that shes not supposed to go make the contact, not%upposed to tell anybody that you are working CI. But she dF%lnlttry to hide it from Peder. She told Pender exactly what happened immediately told him what happened and the reasons that she did the way she did it. And so I didnt think it took away from heV,Eredibility. And C. - it added.to her character side of it." (page 135:2-I 0) 1 Y. 6. ~ieutenaht White was asked, after reading the transcripts of other interviews, did CI Rachel Hoffmans explanations sound believable. She stated, What - you are asking m o inion. What ibelieve is t h a t a i d I want - because I remember is t h ~ n who didnt want - you are asking me after e -I reading all the transcripts. - . is the one that says you need to do this face to face; he doesnt do this stuff on the phone: I believe that-is the one that took her over there to do it after reading everything. "Talking about May 7, the way Pender was presenting itto me, I dont know what Pender knew before. I have no idea. I am saying the way he presented it to me is that it just happened." (page 137:lO-21) Lieutenant White was asked if she knew of the financial arrangement between CI Rachel Hoffman and for o r k to count towards her substantial assistance. Lieutenant White stated she %as not aware of that arrangement and would have expected to be advised of it if her sergeants knew of it. Had she know herself, Lieutenant White stated that she would have provided that information to Captain Connell for guidance. Lieutenant White was asked if there was an issue with a CI that was involved in an operation that she was being briefed on, would she expect to be informed. She stated, "Yes, I would. I would expect it and I imagine because thats what happened on that particular one. I had not had any other backgrounds on any of the other ones because - 1 guess I am assuming because there was no problems. But, yes, I would expect it. Thats exactly what they did, they told me what their issues were." (page 147:3-9) Lieutenant White was asked how much she knew of the efforts to identify the suspect 0. She stated, "A direct thing was that when one of the meetings - - 1.1. # 08-21 Page 150 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT broke up, I guess it was the first one, I know that Connell says directly to Pender in front of me and Looney, Pender, you got lots and lots of things to do. Dont do it all by yourself. Get someone else, get a couple of you other guys in therehelping you identify, do everything you can to identify who -is. He said, yes,sir. He and Looney walked out the door. We talked for few more minutes. Idont know how long. But I know I walked in there to say Corey was asking,Corey, you working on trying to - he said I am finishing up what I am doing andwill. And Watson says to me, hey, I think I may know who this- guy is. mguy I know is older than that. I said stop what you are doing, do everything youcan, everything, get with Pender, get everything he knows and start looking tosee if you can find anybody named get pictures so that Rachel can take alook at some pictures, see if we cant identify who -was." (page 154:15-155:8)Lieutenant White gave a description of resources she knew the investigatorswere using to identify- In the end she was satisfied with the efforts to identifyhim.Lieutenant White was asked if she had any concerns during the planning. Shestated they always have concerns but none during this one that kept her fromgoing ahead with the operation. She stated, "Yes, we vetted though everythingthat we could vet through. And its inherently a dangerous job but felt like weminimized the dangers as we,could go through." (page 158:6-9)According to Lieutenant White, the location of Forest Meadows cameup during aconversation with Investigators Pender and Watson. They stated CI Hoffmanmention a park on Old Bainbridge Road. They already knew one of the suspectshad a residence in Summerbrooke. Lieutenant White made the comment thatshe didnt know of a park on Old Bainbridge but if there was a park nearSummerbrooke it would be Forest Meadows. That was the only time sherecalled discussing the park. From her understanding during the planning of theoperation, lnvestigator Pender was only, going, to include one location in theoperational plan, 0 T6e"first she heard of the operation beingdone at Forest Meadows was when lnvestigator Pender walked into her officeand used her radio to inform investigators that the location would be ForestMeadows. Lieutenant White stated it did not surprise her and she had no issueswith the new location.Lieutenant White was aware a firearm was part of the purchase CI RachelHoffman was making. She was asked if she was aware CI Rachel Hoffman hadno experience handling firearms. She stated that she did not. She was asked ifthat caused her concern of if it should have been addressed. Lieutenant Whitestated, "It didnt come to my mind. It just wasnt a question that - I believe,again, in that briefing that Pender said she is the one that asked for a gun, kind -I dont know anything about guns, but I have been ripped off before. I didntknow that she never actually physically handled a gun. It didnt -" (page 167:25-168:5) -- - 1.1. # 08-21 Page 151 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITLieutenant White was asked if this should have been addressed. She stated, "Idont know that it wasnt done." (page 168:lO) She was asked if she expected itto be done. Lieutenant White stated, "What are you going to tell her? He isgoing to hand you a gun?" (page 168:12-13) Lieutenant White was told thedirection being referred to was what CI Hoffman was to do if handed the firearm,where to place it as investigators moved in on her vehicle during the deal, how tohold the firearm in a safe manner, a safe place to put the firearm for all thoseinvolved. The statement was clarified to addressing CI Rachel Hoffman and howshe was to handle the firearm should the suspect hand it to her. LieutenantWhite stated, "Never crossed my mind until you said that right there." (page170:3) Lieutenant White was asked about the assignments of lnvestigator Pender andSergeant Looney. lnvestigator Pender was monitoring his TPD radio, DEA radio,the wire on CI Rachel Hoffman, his cell phone; he was driving, and observing CIRachel Hoffman with some assistance from Officer Chris Pate. Lieutenant Whitestated that was not too much for him to handle but was regular duties. SergeantLooney was managing an operation with approximately 15 officers. As far asspan of control, Lieutenant White was asked if this was an unusual amount ofmanpower for one sergeant to direct and manage in the field. She stated, "No,you manage in teams, so no." (page 175:13) Lieutenant White was asked ifthere was any reason to believe there should have been additional supervision inthe field assisting Sergeant Looney. She stated, "No." (page 176:2)Lieutenant White was asked if at any time she felt the tasks she was doing at thedepartment were interfering with her responsibilities in reference to monitoringthe operation as it was in motion. She stated, "I dont have to monitor theoperation. Looney is doing it from the field. Either 1 am going to be there in thefield and be part of it or not. I just happened to say I would be listening out foryou guys. If I had heard something, just like Connell, if he had heard anything onthe radio, or something that was happening that we needed to say anything, Iwould have said it. But was I - I did not believe that myself or Connell were partof the field operation." (page 176:9-I 7)Lieutenant White monitored the radio during the operation. From the radio traffic,it was her understanding that lnvestigator Pender and DEA Special Agent (SA)Lou Andris were following CI Rachel Hoffman on North Meridian Road. At onepoint SA Andris took over surveillance. CI Hoffman took a wrong turn into theMeridian Sports Complex south of Forest Meadows. lnvestigator Pender spokeup and stated he had CI Hoffman at that point. Lieutenant White was not awarethat lnvestigator Pender was not going to follow C1 Hoffman from the MeridianSport Complex to the entrance of Forest Meadows and that no one would beobserving CI Hoffman during that period.- -" -. ---- --- 1.1. # 08-21 Page 152 of 199
  • TALLAHASSEE POLICE DEPARTMEk I INTERNAL AFFAIRS UNITLieutenant White was asked if she would have approved of that decision had sheknown. She stated. "Thats a tough one because we know what happened now."(page 183:13-14) The question was clarified and Lieutenant White was asked ifshe would approve any investigator to lose sight of a CI carrying money to abuylbust for that distance by choice. This would not include traffic situations thatare beyond the investigators control. She stated, "For that to go - I have to try toanswer this way. For that to go, it would had to have been on the radios - Imean, it wouldnt have been something we would have planned ahead of time. Ifhe had told me this is what I am planning to do, 1 am going to go in the ballparkand theres not going to be any eyes on her, no. Theres no reason that wecouldnt do this differently. We can make sure she turns in." (page 183:20-184:2)On September 3,2008, lnvestigator George Creamer, Jr. conducted a tapedfollow up interview in the Legal Conference Room with Lieutenant TalthaWhite. Lieutenant White was reminded that the OathlPerjury Warning andthe Police Officer Statement of Rights she signed i n the first interview werestill in effect. Sergeant Sam Gereg was present as Lieutenant WhitesP.B.A Representative. P.B.A. Counsel, Attorney Tom Klein representedLieutenant White for the interview. Also present for the interview waslnvestigator Danielle Davis and court report Danielle Freeze.Lieutenant White was asked if she recalled having a conversation with SergeantDavid Odom about CI Rachel Hoffman while they attended a class at the PatThomas Law Enforcement Academy on April 22, 2008. She stated, "No that Irecall." (page 5: 18)As a follow-up to earlier conversation about Vice Standard Operating Procedure(SOP) and revisions to Vice SOP, Lieutenant White stated she was lookingthrough her emails and found several correspondences between she andSergeant Stan Hoover, Office of Professional Standards (OPS). LieutenantWhite sent several revised Vice SOPS to Sergeant Hoover in March of 2008 forapproval. These emails documented this.Captain Chris Connell:Captain Chris Connell, Don Pumphrey, Jr., Esquire, and PBARepresentative Sergeant Sam Gereg were provided the opportunity toreview the exhibits presented as evidence in this investigation before hisinterview on August 29,2008.At 12:44 PM, lnvestigator Danielle Davis conducted a taped interview withCaptain Chris Connell in the Legal Conference Room o f the TallahasseePolice Department. Also present: Internal Affairs lnvestigator GeorgeCreamer Jr., Don Pumphrey, Jr., Esquire, PBA Representative SergeantSam Gereg and Court Reporter Mrs. Sarah Gilroy. The MemberlSubjectAdministrative Rights and OathlPerjury Warning fonns were read, affirmed,and signed by Captain Connell. All parties present witnessed the forms. 1.1. # 08-21 Page 153 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITCaptain Connell has been employed by the Tallahassee Police Department overtwenty-two years, and was appointed as the division commander over the nowdefunct Homeland Security and Special Investigations (HSSI) Division in 2004.Captain Connell has about two years worth of previous work experience in viceoperations as an investigator in the late 1980s, serving in both the "crack squad"and general narcotics unit. His vice and narcotics training is limited to basic drugidentification training he received in the 1980s.Captain Connell explained that as the HSSI division commander, he provided"management oversight". and guidance to the lieutenants he supervised. Herelayed that he had "very little" of a role in dealing with confidential informants,and that his "overall assignment per policy" was to make sure everybody else inhis chain of command was "complying" with the regulations concerning the use ofconfidential informants.In describing his role in preparing operational plans, Captain Connell stated henormally reviews search warrant plans and non-spontaneous buy-bustoperations, and provides "guidance and feedback to the lieutenant or thesergeant in the lieutenants absence." He added later, "when it comes to anoperational plan, I will usually get a fairly thorough (briefing) of what brought us toa certain point."Captain Connell stated that he normally did not attend operational briefings, but ifhis schedule allowed, or was specifically requested to be there, he would attend.He stated that if he was in attendance, he would "provide guidance" if he felt itnecessary.Captain Connell was asked which supervisor, in terms of rank, should attend theoperational briefings, and he stated, "The sergeants should be there." He added,"1 dont normally let an operation go without at least someone with stripes there."He also relayed that although the case investigator usually does most of thespeaking, "the supervisor is ultimately responsible for conducting the briefing."Captain Connell, in explaining his role of participating in a vice operation, stated,"I very seldom ever go out on an operation." He continued by stating his"presence as a captain tends to direct focus away from the supervisors. So attimes, I will monitor." He further explained he did not want to take action onscene "countering what a supervisor is trying to do" because he did not have asmuch information as the supervisor about the operation. Captain Connelldescribed his part is such operations as a "support role", and stated if he didrespond to a scene, it was typically to "check with the officers and see how theydid."Captain Connell explained after he became the HSSI division commander, heinstituted a case management program that included weekly meetings where the 1.1. # 08-21 Page 154 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITgoal was to have the sergeants and lieutenant in the meeting with all theinvestigators to discuss their open cases so "everybody i n the unit knew whateverybody else was working."In regards to the training of Lieutenant White after her transfer to the vicelieutenant position, Captain Connell stated he directed the outgoing lieutenant,Jim Montgomery, to provide on-the-job training to Lieutenant White. In addition,Captain Connell stated he provided direction to Lieutenant White on varioustasks he wanted addressed such as "personnel issues", working "long-termcases", and "policy revisions."Captain Connell elaborated on the revisions ot vice policies, stating LieutenantWhite had taken over the policy revision task from Lieutenant Montgomery uponher transfer to the Vice Unit. According to Captain Connell, he and LieutenantWhite had "several conversationsn and met several times on specific issuesLieutenant White saw differently than Lieutenant Montgomery.Captain Connell, when asked which supervisor needed to be present during ahigh-risk incident, stated, "the sergeant is a must" and "after that it really -depends." He added, "Depending on the level of what it is, then it would be itsnot inappropriate for a lieutenant to go, but its not mandatory." He concluded bystating it would be "fairly rare" for the captain to be on scene.When asked to name the rank that fulfills the role of "unit supervisorn as denotedin Vice SOP 16, Captain Connell stated, "That would be the two sergeants."In discussing what would be considered an unsuitable CI, Captain Connell statedhis opinion of an unreliable C1 was "someone who is untruthful and unreliable."Captain Connell relayed an accurate knowledge of the policy provision ofcontacting the State Attorneys Office when a CI is on probation or parole, andstated he felt "its an issue" to use a CI on pretrial release status. He added thathe knew Drug Court was a diversion program, and although there is not a policyprohibition against working a CI while they are involved in Drug Court, hebelieves "it would be an eliminating factor" for the persons use as a CI. CaptainConnell added if knew a potential CI was involved in the Drug Court, he wouldwant "contact (with) the State Attorneys Office before using that person."Captain Connell stated it was not part of his management role to review C1packets or CI files. He added that responsibility rests with the sergeants.Captain Connell also stated he has had conversations about CIS when beingbriefed on an operation where a CI is involved, and stated, "I cant think of a timewhere 1 just had a CI briefing." He later added that he had never told Viceinvestigators and sergeants what behavior he would not accept on the part of aC ,although he stated the reliability of a CI is a concern before an operation Iinvolving a CI. --- ..--. *- 1.1. # 08-21 Page 155 of 19
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITCaptain Connell stated he received most of his case briefings from the lieutenant,and although there was no way to know if the lieutenant was telling himeverything she knew about the case or operation, he would ask pertinentquestions, and the lieutenant would provide answers;.. He described thediscussed topics as "relevant information, safety informhtion."Captain Connell was asked if it was the responsibility of the investigator to keepthe sergeant and lieutenant aware of a Cls actions, or the responsibility of thesupervisors to stay aware of a Cls status. He answered, "A little of both." Heconcluded by adding the investigator has the responsibility to keep theirsupervisor informed, but "the supervisors, through case management, should beasking those questions at the same tirrCaptain Connell was asked, "If a searcn warrant is served at someones homeand drugs are found, are they formally charged prior to them working as a CI?" towhich he answered, "Not always." He elaborated by stating it depended upontheir "substantial assistance." Captain Connell described substantial assistanceas "a program - or run by the State Attorneys Office", that "allows someone toprovide information that may be reviewed by the State Attorney or one of hisdelegates to be considered for reduced charges or sentencing at a later date."Captain Connell stated that he did not "normally have much input" into thesubstantial assistance process, and he "would hope" the lieutenant was involvedin the process through the units case management procedures. He added,"Ultimately, the State Attorney decides on what charges are filed."As the discussion about substantial assistance continued, Captain Connell statedhe assigned former Vice Lieutenant Jim Montgomery the task of working out anarrangement with the State Attorneys Office (with Assistant State AttorneyJackie Fulford) on the substantial assistance matter. Based upon LieutenantMontgomerys work, it was Captain Connells understanding that it was okay withthe State Attorneys Office for TPD Vice investigators to not initially place criminalcharges on a person who committed a crime, if that person was "someone whowas going to provide assistance."Investigative Note: In the interviews of Sergeants David Odom and RodneyLooney, an inconsistency was noted on how the sergeants approach theState Attorneys Office on the substantial assistance of a CI.Investigator Davis asked Captain Connell, "Were you aware that there was aninconsistency with how the sergeants were approaching the State AttorneysOffice?" He answered, "No." Captain Connell stated although it was hisunderstanding that officers "had the ability to not charge someone" at themoment probable cause was established for an arrest, it was his position "that at 1.1. # 08-21 Page 156 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITsome point in the near future, you started the dialogue with the State AttorneysOffice."Captain Connell was asked how much information on a CI did he require prior toapproving an operational plan. When he replied, "I dont normally get into theinformant background", He was asked was there any reason why? CaptainConnell explained that he "trust the people who work with them every day, andthe officers are working it, sergeants are working it, and possibly lieutenants bythe time it got to me."In addressing the amount of trust he believed should be placed in a CI, CaptainConnell stated, "I never trust an informant." He added, That doesnt mean youstill dont work with them."Captain Connell was asked to describe a controlled buy, a buy-bust, and a buy-walk. In describing a controlled buy, Captain Connell stated it was "when eitheran officer, investigator, or an informant purchases, at our direction, narcotics orany other property for the purpose of an investigation or to obtain a searchwarrant at a later date."He described a buy-bust as being "fairly close to a controlled buy, but makingthe arrest "right there, as soon as you have probable cause, or it is tactically orsafety-wise practical to make the case."According to Captain Connell, a buy-walk is different from a buy-bust becauseyou allow the suspect to leave after making the purchase as "part of theinvestigative strategy."In describing a Cls role in a controlled buy, Cz onnell stated "the informantis provided money to purchase" narcotics or orner property, and "thoroughlysearched and then kept under supervision and sent to do the deal." He statedthe use of a CI in a buy-bust was "very similar" to use in a controlled buy, andcontinued by saying "the only difference to me in a buy-bust and buy-walk is that(in) a buy-bust there is an arrest immediately at the end."According to Captain Connell, flash money is used for "investigative purposes",and "used in a buy-bust." He explained Deputy Chief Proctor is "the only oneauthorized to sign it (flash money) out." Captain Connell stated he has to briefthe deputy chief in order to get the flash money, and considered the receiving ofthose funds an approval of the operation. He answered, "absolutely" when askedif it was safe to assume that whoever received the funds was responsible formoney.In describing what show money is, Captain Connell stated, "1 can show it to youand let you hold it with no intent of you ever leaving with it is probably the bestway I can answer that." 1.1. # 08-21 Page 157 of 1 99
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITWhen asked what safeguards are put in place to make sure the money is safeduring the operation, Captain Connell stated, "It depends on the case. Itdepends on the operation itself. There is - it kind of - each operation is different.You know, if you give it to an undercover, then you have, you know, certain - -safeguards just because its with them. If you if its a decided to give it to theCI, then obviously you have - you need more provisions in place."Captain Connell was reminded of Vice SOP 10 which describes a buy-bustoperation as a CI introducing an undercover investigator into a deal oropportunity for a deal, and that the investigator should make every effort toreduce the Cls role in the case to that of merely making the introduction. Hewas then asked how often are Cls used alone in a buy-bust operation.Captain Connell stated, "Icant quantify that answer for you. I dont think its aneveryday practice, but it does happen." He then clarified his answer by adding, "Iknow that they are used; I dont know how many times", and "as small adepartment as we are, our people (Vice investigators) are fairly well known. Sowe have to go with what theyre comfortable with - what the informant iscomfortable with and what they can do."Captain Connell stated he approved of the use of CIS being alone in buy-bustoperations, and relayed "its probably done on a more regular basis than yourealize." Additionally, he added, "Its been going on since 1987", and We didbuy-bust in 87." He is not aware of an official memorandum authorizing this typeof use of a CI. Captain Connell stated, "I know the deputy chief is (aware of thistype of CI use), because he gets all the operational plans that I bring - that cometo my desk go to his."Upon inquiry about TPD Vice purchasing firearms, Captain Connell stated thatthe unit does purchase firearms (in undercover operations) more often than in thepast, and he knew officers had purchased them. When asked whether or not CISare used to purchase firearms, he stated, "I cant really cite a case where a CI did 1.1. # 08-21 Page 158 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITspecifically. But I believe that there are." Captain Connell told me it was part ofthe May 7,2008 operation for CI Rachel Hoffman to purchase a firearm.Captain Connell was asked what safety precautions are put in place for the CIand officers when there is the purchase of a firearm involved. His response was,Well, each operation is different." He elaborated by saying, "Depending on thesite location, environment, the background of the suspects, who the informant is.Captain Connell was asked what information, in his opinion, should be includedin an operational plan, to which he replied, "All relevant information to theoperation at hand, safety." I then specifically asked about information onsuspects, weapons, locations, and whats being sought or bought. His answerfor suspects and weapons was "Whatever is known at the timen, "Same" forlocations, and for what was being sought or bought, "Correct. Thats the relevantinformation, right."*When asked what concerns he has when a gun (purchase) is put into theoperational plan, Captain Connell stated he expects "there to be a gun ateverything." He elaborated by citing an increase in the number of firearms beingrecovered by officers and investigators, and stated, "lts gotten to the point whereyou have to plan on there being a gun every time." Captain Connell continued,and said, We discuss the contingencies around it. And everybody is - these are- in the Vice Unit specifically, these are very well trained people."Captain Connell described the approval process for an operational plan asbeginning with the investigator working with the sergeant, and "usually thelieutenant is brought in at some point." He added, "The investigator and thesergeant are working very close together on this" and "lts talked about quite a biteither the days before or day of, depending how much time is available. Then itgoes to the lieutenant if theyre not already involved."Continuing, Captain Connell stated, "When the sergeant has his approval, itsthen fowarded to the lieutenant. Lieutenant gives his or her approval." Headded, "the formal approval process stops with the lieutenant."Captain Connell also said he receives several copies of the operational plan; onefor him, one for the deputy chief, and another for the chief. He stated, "If I haveproblems (with the plan) we give it back." He reiterated this sentiment by statingif he has concerns after viewing a copy of the plan or after receiving a verbalbriefing, he would address the matter. He said, "They then go back and will take - - - - 1.1. # 08-21 Page 159 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITcare of my concerns. They will bring it to me." Captain Connell added that afterhe is okay with the plan, he takes the deputy chief a copy of the operational plan,and "If he (has) concerns, it may go back down. From there its approved."Captain Connell stated that the operational plan did not need to be signed to beconsidered approved. Investigator Davis asked, "And why is that?" CaptainConnell said, "because sometimes its a verbal process." He expounded bygiving examples of verbal approval of an operational plan being given over thetelephone by the lieutenant or himself, but them being physically unavailable tosign the form ("at home", a "Saturday" or "in the middle of the night*).Captain Connell stated the lack of an approving signature "doesnt mean its notapproved, not vetted out and not planned, its just there may not be a signatureon that form."Captain Connell said he is briefed on operational plans "at least" when he isprovided a copy of the plan, but "many times" he is briefed prior to ever seeingthe actual plan. In speaking about briefing other persons on Vice operationalplans, Captain Connell stated, If Im aware (of the plan), then 1 brief the deputychief and sometimes the chief."When asked how often he briefed the deputy chief on operational plans, Captain -Connell stated, "Every time I brief the deputy chief every time one of thoseplans come across my desk." He added that those briefings are either by phoneor in person.Concerning operational plan briefings, Captain Connell stated that everything inthe operational plan is discussed at the briefing, and locations and contingencyplans not in the operational plan are also discussed.When asked why that happens, Captain Connell stated, "Well, the operationalplan is an overview. It has detailed - it has information on the case, butsometimes the investigator will go over more of what got us there. The -contingency plans - an operational briefing isnt a there is a lot of other inputthat comes in. There (are) things, you know, better ideas come up. You mighthave, you know, somebody like me show up who really wasnt part of anything,and I might have input. So we want everybody in the room to have input so thatwe put together the best operation, the safest operation, and that, you know,maybe when you start out with an operational plan, someone who wasntconsulted has a better idea. So they throw out their idea, and we might changethe plan."Captain Connell stated everybody involved in the operation attends theoperational briefing, including sergeants. He stated lieutenants attend "at times",the deputy chief "very seldom" attends, and hes only seen the chief at one suchbriefing. 1.1. # 08-21 Page 160 of 195
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITCaptain Connell stated the authority to change something in the operation once itis in motion rest with the "supervisor on scenen, and he places the "overallauthority" with that supervisor.According to Captain Connell, a copy of the operat~onal plan is kept with the leadinvestigator in the case file, and he (Connell) keeps a copy; some with approvingsignatures and some without. In specifically speaking of CI Rachel Hoffman, Captain Connell stated he firstbecame aware of who CI Hoffman was on May 7, 2008. Before that date, heknew Vice investigators were working with a female informant, but did not knowher name until May 7. According to Captain Connell, he was given someinformation about CI Hoffmans drug dealing in a pre-May 7hmeeting. He statedhe remembers CI Hoffman being referred to as a "player", and that "she wasmoving a lot of marijuana, several pounds." He continued, and said, "At thatpoint ecstasy came up. And then I was told there were other things found in herapartment when they served the search warrant: that she knew these guys thatcould, you know, supply cocaine and ecstas I there had been talk of afirearm."Captain Connell stated there were no concerns brought to his attention about C1Hoffman being used as a CI, and that based upon what he was told prior to theMay 7Ih operation, he had no concerns of her being used as a CI. He stated hewas not aware CI Hoffman was participating in the Drug Court program.Captain Connell was aware of the search warrant service at Rachel Hoffmansapartment on April 17, 2008, but only after the fact. lnvestigator Davis askedCaptain Connell, "Is a supervisor supposed to be on scene of a search warrantexecution?" He replied, "No." Captain Connell stated he was not aware asupervisor was not on scene of the April 1 7 ~ search warrant service, but that dueto the circumstances of the situation ("no forced breaching" and "cooperatingdefendant"), he did not "see a problem with it." Captain Connell further statedthat he did not need to be notified of the decision to execute the search warrantat Ms. Hoffmans residence without a supervisor present because he "trust thelieutenant to make the decision" and "trust the sergeant to make that decision."Captain Connell stated he was not involved in the approval of Rachel Hoffman asa CI, and that "went between Investigator Pender and Sergeant Odom."Captain Connell was asked what he knew of the relationship between CIHoffman a n d Although he stated he had been "subjected to alot of information in the last several months", he stated what he knew then was "itwas just an introduction from another source. Thats how I remember it anyway." 1.1. # 08-21 Page 161 of 195
  • TALLAHASSEE POLICE DEPARTMER INTERNAL AFFAIRS UNIT m status would make 7Ih operation. had revealed herCI status to Captain Connell stated he did not know CI Hoffman until after the May revealing her CI When asked if C1 Hoffman her an unsuitable CI, Captain Connell stated, "It depends on the circumstances." He further explained in this particular case, he "probably would have approved" the continued use of both Hoffman and a s CISwhile "cautiously moving forward." approvaI process for- Ca tain Connell stated he did not participate in the i D ecorning a CI. "- Captain Connell stated that he was not aware that on the Pender met with Cl Hoffman to complete paperwork,, both CI Hoffman and person they were supposed to set up for a drug deal. When asked did he know the meeting with was without the prior knowledge or approval of Investigator Pender, Captain Connell answered, "No." When asked if this action by CI Hoffman would make her unsuitable as a CI, Captain Connell answered, "Probably so." He added, "Again, a lot of it would be what was worked out, what were the circumstances around it, did - was it incidental contact?"I Captain Connell stated he was not aware CI Hoffman work for the Vice Unit in order f o m o r k to count toward her substantial assistance. When asked if that action would make her unsuitable as a CI, Captain Connell answered, "Yes." Captain Connell was asked if he believed he was fully briefed about the use of Rachel Hoffman as a CI. He stated, "No." When asked if he would have expected more information to be provided to him about CI Rachel Hoffman, he answered, "Yes." Captain Connell stated that a decision to stop using a CI is usually made "at the sergeant level", and "It normally doesnt come to me at all. But in this particular case, I dont - more information should have been made aware to the supervisor." When asked specifically if he knew then what he knows now about CI Hoffman, would he have canceled her as a CI, Captain Connell said, "Yes." He stated he would expect Lieutenant White, Sergeant Odom and Sergeant Looney - if they were aware of the information at the time - to have canceled Ms. Hoffmans use as a CI. captain Connell added in regards to CI Hoffman paying "Anything that has to do with one informant paying another, no." m Captain Connell was asked if he was aware of the first operation with Ms. Rachel Hoffman. He replied, "I believe I received a phone call with Lieutenant White, 1.1. # 08-21 Page 162 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT who was in training that day. But she called me to tell me there was something getting ready to go on; it was a deal, and that Sergeant Odorn was going to be coming to the station - Looney was working on it, but that Odom was going to come, and that they had a buy-bust that they were going to want to do, and that Odom was going to come in and run it." When asked what his involvement was Captain Connell replied, "I didnt go out. I got a copy of the operational plan. And I reviewed the material and contacted the deputy chief and made sure a.memo was done so they could receive the money they needed." CaptainC. Connell stated the operation called for $6,000 and he was briefed by Sergeant Odom. Captain Connell stated Sergeant Odom explained: "He just came up and met me and explained the parameters of the case, that they had - they were going to go into the tint shop. The plan was for the informant to drive into the place, that they believed that they were selling drugs out of the place, as well as auto parts. So it may potentially be a fencing operation. And so the informant was going to go in. And once they were inside, we would have a tight perimeter around the place. And as soon as she pulled away, we would then detain the people inside." Captain Connell was asked if Ms. Hoffman had an undercover lnvestigator assigned with her and he replied, "Not that Im aware of." When asked if a gun was part of the April 22"6deal as it was explained to him, Captain Connell stated, "I believe at some point prior that they had discussed a gun, but she was not there to purchase a gun." lnvestigator Davis asked Captain Connell if it caused him concern that the two suspects listed on the operational plan were identified only as 0 and Flea. Captain Connell advised he discussed it with Sergeant Odom and asked, "Is this all we can do?" He said Sergeant Odom told him they had been checking but were unable to identify the suspects. Captain explained, "So although we discussed it, it wasnt totally a concern, because it was a very controlled location." Captain Connell was asked, "Did you give any direction on how they could identify them?" He replied, "I didnt - I dont remember that I got into that. Usually I ask, have you done this? And I get told, weve exhausted everything." Captain Connell stated he read and approved of the operation plan for April 2znd that was provided to him by Sergeant Odom. He said he was the final signature of approval. Captain Connell stated he believes Lieutenant White was aware of the operation plan. Captain Connell was asked if there was a briefing for the operation on April 22nd. - He replied, "To my I did not attend. Im - that would be our protocol. So I would have to say, 1 dont have knowledge that occurred, but it should have." 1.1. # 08-21 Page 163 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS U N I TCaptain Connell stated he recalls the operation was cancelled because thesuspects were unable to produce the full amount of what they were looking for. lnvestigator Davis asked Captain Connell how he became aware the operation on May 7Ih 2008. He explained he attended a briefing with lnvestigator Ryan Pender, Lieutenant Taltha White and Sergeant Roderick Looney that morning. lnvestigator Davis asked, "What did you all discuss during that briefing?" He replied, "Investigator Pender kind of laid out what he had, that his source was -they had done controlled calls, and they had done a meeting, and that they weregoing to try and purchase, I think - I think even at that time he told me it was 1500 pills and about two ounces of cocaine, and that they were still talking about,they believed they might be able to buy a small firearm, that the - there wasmention of a house in Summerbrooke, but that they were going to try and youknow, do a take down in a lot - in a parking lot." Captain Connell stated he gave lnvestigator Pender instructions as far as trying to identify this other person andtold him, "That we needed to do a whole lot more work at this point before wewere going to move forward. They were talking about a house inSummerbrooke, but they had not identified the house, I believe, at that point.And I told them, if we dont know ahead of time where the house is, forget it;were not doing this. Were not going to let her just drive up to the house. Andthen he found a little bit of information and came back. I said, come on, if youvegot this amount of material, cant we take it a little bit further."Captain Connell was asked about his main concern pertaining to this operation.He replied, W ewere not going to hit an unknown, and we were probably notgoing to do it without a search warrant." He explained he then discussedobtaining a search warrant, jurisdictional issues and obtaining other resources.He stated the amount involved and the gun basically met the criteria for adoptionas a DEA case so he called Special Agent Mark Cutcliffe with the DEA whoagreed to provide assistance assist.lnvestigator Davis asked Captain Connell if Ms. Hoffman seemed capable ofdoing this operation. Captain Connell replied, "Yes, nobody said to me, wevegot a problem with this girl; we want to use her any way. I was not aware therewere any problems with Ms. Hoffman."Captain Connell stated he approved the operations plan for May 7Ih and briefedDeputy Chief John Proctor. He stated Chief Proctor was out because of adoctors appointment so he called him just to give him a "heads up" and to tellhim he would need flash funds. Captain Connell stated Deputy Chief Proctorknew about the drugs and the firearm at that point stating, "I mean, he had what Ihad at that point." Captain Connell stated he made arrangements with ChiefProctor to meet at the station around 4:00 pm.Captain Connell stated Deputy Chief Proctor approved of the plan and showedhis approval by providing the operation with flash funds. He said he discussed 1.1. # 08-21 Page 164 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITcontingency plans and had the basic overview of the plan that was provided overthe phone initially. Captain Connell discussed the plan with Deputy Chief Proctorwhile they were getting the money from the Property and Evidence Unit. He saidDeputy Chief Proctor did not voice any concerns but raised an eyebrow when hestarted talking about how the money was going to be going inside and would beout of sight for a few seconds. Captain Connell said he gave Deputy ChiefProctor a copy of the Operations plan but didnt remember exactly when hedelivered it to him.Captain Connell stated there was a memo completed to document the removal ofthe flash funs. He explained the $13,000 in flash funds were the responsibility oflnvestigator Ryan Pender who received the funds from Deputy Chief Proctor.Captain Connell stated Lieutenant White approved of the May 7" plan. He statedhe was surprised to read in her transcripts that she did not. He also stated, inessence, there is a difference in a plan and a briefing. He said, "Ive heard a loton the plan. The plan is - you know, the piece of paper thats here to representthe plan. The briefing is final. And then even from there, the supervisor has theability to change, based on new facts and circumstances, Thats their operationalcontrol. Thats why there out there."Captain Connell stated that both of the contingency plans for May 7th were buybust plans and he assumed that both the Chief and Deputy Chief were okay"with them. He said he briefed Chief Dennis Jones stating, "He didnt get a formalbriefing from me. But I spoke with him during that day, kind of told him what wewere doing, Now he didnt get the, were going to this house and all that, but heknew we were taking the money out."lnvestigator Davis asked Captain Connell, "Did you have any concems with Ms.Hoffman doing her first operation alone in her own vehicle with $13,000 of flashfund money?" Captain Connell stated he didnt have concems with Ms. Hoffmanusing her own vehicle explaining that has been the standard practice since hehas been with the department. He stated, "you always have concerns, yourealways worried about safety issues, youre worried about the informants safety;youre worried about the officers safety; and youre worried about the suspectssafety. All of those are concerns." Captain Connell stated he felt they hadeliminated his concerns, and he was okay with the operation as it went forward.Captain Connell stated it wasnt documented in the operations plan for someoneto specifically keep observation on Ms. Hoffman. He stated, Well let me clarify itin a different way. I personally told lnvestigator Pender, as did the deputy chief,that the money didnt leave his sight. So if the money didnt leave his sight thegirl didnt leave his sight."Captain Connell was asked if there were differences between a gun coming intoplay for sale versus the suspect carrying a gun, He stated there was, but that it 1.1. # 08-21 Page 165 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITall depends, and it was situational. He stated, "I always assume there is alwaysa gun there." Captain Connell was asked, " Do you do things differently becausethe gun is for sale." He replied, "I dont feel so."Captain Connell stated, in essence, the gun was mentioned at the briefing onMay 7hand was "checked off" on the written plan. He said lnvestigator Penderdiscussed during the briefing the fact they were looking to purchase cocaine, pillsand a firearm. He stated the documented drug amounts to be purchased wereincorrect on the actual plan but he didnt feel like he needed lnvestigator Penderto go back and amend the plan.Captain Connell was asked, "As TAC commander, did you approve a plan wherea female would go alone into a home with 13,000 and buy drugs and a firearmfrom two males, one unknown, and unknown what was in the house?" Hereplied, "Yes, Can I qualify that a little bit? I obviously had concerns. The factthat it was unknown that was believed to be the parents home, and it was theirhome, or one of their homes that we believed at the time too, I felt that we were -had an acceptable risk at that point - alleviated my concerns, anyway, plus I hadall kinds of contingency plans or resources on the outside to deal with any threatthat she might have gotten into."Captain Connell stated he attended the May 7" briefing with lnvestigator Penderand Sergeant Looney and believed it to be a detailed briefing lasting about 30minutes. He stated Lieutenant White stood in the doorway for the majority of thebriefing. Captain Connell stated Lieutenant White was never part of the actualoperation but didnt remember excusing her from the briefing. He explained theoperation was being covered by Sergeant Looney stating, "its what he does itsnot what she does. Sergeants run the plans. In vice, the sergeants are the onesthat take care of the field missions."lnvestigator Davis asked, "Did you tell her, with reference to the briefing, quoteunquote, I have it." He replied, " dont recall doing that. But that is - is a 1possibility that she could have come to me and said - because I was going to bethere. So Im not saying that shes wrong; I just dont remember having thatdiscussion." Captain Connell stated Lieutenant Whites obligation with the May7Ihoperation was the planning and coordinating part of it.Captain Connell stated there were no photos of Ms. Hoffman or her vehicleavailable at the briefing. He said his duty at the May 7Ih operation was theapproval process. He stated he got the money and attended the briefing. Hestated he spoke at the briefing a discussed the possibilities of a robbery rip off.Captain Connell stated he discussed Forest Meadows as a possible location butit wasnt mentioned in the operation plan. He said lnvestigator Pender was givenprimary responsibility for keeping his eyes on Ms. Hoffman. ---- ----. -.-- --------.---- I 1.1. # 08-21 I Page 166 of I f ,
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Captain Connell stated he monitored the operation via radio but missed the first part and heard mention of a flashing light on Meridian Road and units at Forest Meadows. Captain Connell stated Sergeant Looney was the only supervisor on scene on May 7Ih. He stated, "He was the only supervisor out there. But these were broken up into areas of responsibility for teams Captain Connell stated he did not direct L~euienantWhite to supervise the computer project that was going on at the time, he explained she volunteered. He stated he didnt want his lieutenants going out in the field; he wanted his sergeants in the field and his lieutenant monitoring the activity. Captain Connell stated he did not feel Sergeant Looney was given an unusual number of people to supervise. He said he didnt have any concerns about the span of control during the May 7hoperation. Captain Connell stated he spoke personally with TAG officer Jason Laursen and told him not to hesitate to get in there and get Ms. Hoffman if he felt she was danger or in jeopardy.i Captain Connell stated he did not know if Ms. Hoffman had any experience with guns and did not know what she was told to do with the gun she was to purchase. Investigator Davis asked Captain Connell, "In hindsight, was there any key information as a supervisor, you should have known that was not told to you?" - He replied, "Her background well the background of Ms. Hoffman. Had I known her background and the things that she was doing, we probably wouldnt - have done this operation, I dont know how much Pender knew." According to Captain Connell, after the briefing he told Deputy Chief Proctor at the station about the operation briefing and discussed other issues. He explained he felt he had time because the DEA plane would take some time to get up. He stated he then went back to his office and turned on his radio. Captain Connell stated he was not concerned when the location for the May 7Ih operation moved to Forest Meadows. He said, "I knew it was a remote possibility. So I was surprised that we werent at the house or Wal-Mart, but not totally." He said Lieutenant White did not express any concerns to him when the location was changed. lnvestigator Davis asked Captain Connell, "Was there any point, short of Rachel ending up on Gardener Road, where you thought of calling off the operation?" He replied, "No." ----- 1.1. # 08-21 Page 167 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Captain Connell stated he would have called off the operation had he had known at the time lnvestigator Pender directed Ms. Hoffman back onto Meridian Road, from where she went in the wrong entrance, without following her. Captain Connell stated he did not consider calling off the operation when, at 6:46 pm, he heard DEA Agent Lou Andris spot the suspects BMW at the nursery with nose facing out to the road. Captain Connell stated he believed all of the TPD members on scene were deputized" by DEA. He said Lieutenant White told him she had all of the forms and that was his impression. lnvestigator Creamer asked Captain Connell, "Just to clarify something, there is a point - and this is a question. Im going to read it again, same one as before. lnvestigator Pender came on the radio, confirmed that he didnt have eyes on her, no wire contact, but he was trying to get her on the phone. She wouldnt answer the phone. He asked Special Agent Andris - And I think it was him and Looney - to keep eyes on the suspect vehicle. Andris radioed back, Ive lost sight; I have to turn back around, doing a U-turn. At that point right there, did you think they were continuing with the operation, or they were looking for Hoffman at that point." Captain Connell stated, "They were looking at that point. They mayI have tried to go with the operation, but they needed to find the girl. I was really tuned in at this point. Before then Im kind of working in the oftice. Now Im really tuned in. So now Im listening to whats going on, more intent on what theyre saying. They just need to find the girl. And I felt they were doing everything they could - again, Im not there. Looney is kind of running it. Hes asking questions. Theyre trying to get eyes on again. So-" On September 4, 2008, lnvestigator Danielle Davis conducted a taped interview in the Legal Office conference room with Captain Chris Connell. Attorney Don Pumphrey was present as Captain Connells legal advisor. lnvestigator George Creamer, Jr. Sergeant Sam Gereg and Court Report Sarah B. Gilroy were also present. lnvestigator Note: September 4, was the second interview for Captain Connell. The second interview was conducted t o clarify additional questions. On August 29, 2008 Captain Chris Connell was advised of the memberlsubject administrative rights. Captain Connell was also advised o f the oathlperjury warning. Captain Connell stated h e understood both statements still apply and he was still under oath. lnvestigatoris note: Captain Chris Connell and Attorney Don Pumphrey were allowed to review the Internal Affairs Special Report and the Office of the Attorney General report. - - -- - 1.1. # 08-21 Page 168 o 199 f
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT According to Captain Connell, when he was first briefed about the operation in reference to Ms. Hoffman, he was advised she would be operating alone in her vehicle. He was made aware earlier that day (May 7, 2008) that the "inforinant was going to attempt the purchase." Captain Connell stated the reason it was decided to allow Ms. Hoffman to go without an undercover, "at that time the informant was uncomfortable with that. So, fearing that would make her act differently, we didnt do it." (pages 9:20-25- page 10:l-2) Captain Connell was asked if when he briefed Deputy Chief Proctor was it by telephone. Captain Connell stated that there were a couple of conversations. The first briefing he advised Deputy Chief Proctor they were planning a buy-bust later that day (May 7, 2008). Captain Connell advised Deputy Chief Proctor "it was going to be a continuation of the previous case where we signed out the flash funds" ($6,000). According to Captain Connell he advised Deputy Chief Proctor they were looking at potentially a house in Summerbrooke and then a buy-bust on the northeast side of town. (page 1I :I-8) Captain Connell stated he advised Deputy Chief Proctor they were also looking at Wal-mart at that time, and that there was a possibility of a park. (page 11:9-10) Captain Connell further stated he advised Deputy Chief Proctor he would getI back to him later, "at which point it was a much more detailed conversation, where I had a little more information at that point." (page 11:14-18) According to ell they had already identified the place for the operation at the earch warrant location. Captain Connell stated that he remember h ~ s conversation with Deputy Chief Proctor "fairly in detail." (page 12:l-2). According to Captain Connell he remembered Deputy Chief Proctor was a little upset with them because of the previous deal with the money. Deputy Chief Proctor inquired about the status of the previous deal. Captain Connell stated he advised Deputy Chief Proctor the money had been turned back in. According to Captain Connell, Deputy Chief Proctor told him he had not been notified the money had been turned back in. Captain Connell stated after checking with Ms. Wallace and Sergeant Odom as to the status of the previous operation, he reassured Deputy Chief Proctor on what had been done. Investigators Note: The "previous deal" was the April 22, 2008 operation that involved $6,000 from the flash fund. Captain Connell was asked did he tell Deputy Chief Proctor that Ms. Hoffman would be alone in a car. Connell stated, "I told him that the C1 at that time was going to make the purchase. " (page 12:21-22). According to Captain Connell he does not believe he actually made the comment she was going to be driving alone in her car. - --- 1.1. # 08-21 Page 169 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Captain Connell stated at approximately 5:00 p.m. Deputy Chief Proctor called to meet him downstairs to rectify the money from the April 22 operation. According to Captain Connell, he and Deputy Chief Proctor had a general conversation about why they were there. Captain Connell advised at the time they were receiving the money for the operation, it was not a detailed briefing because there were other people sitting there. Captain Connell mentioned Investigator Pender came in at some point during their conversation. Captain Connell was asked whether or not he told Deputy Chief Proctor that Ms. Hoffman would have the money alone. Captain Connell stated, "not in so many words." (14:l-4) Captain Connell further explained, Deputy Chief Proctor had concems how they were going to execute the search warrant at the house and he expressed concems about "the money being physically out of sight for a second or two." (page 14:12-13) Captain Connell advised he assured Deputy .Chief Proctor they had containment on the house and the money was not leaving. (14:14-16) According to Captain Connell he briefed Deputy Chief Proctor on several possible locations the operation would occur. Captain Connell advised he mentioned "the home in Summerbrooke, the Wal-mart, and the remote possibilityI of Forest Meadows." (page 15:Z-7) Captain Connell advised lnvestigator Pender or Lieutenant White described the park to him, "it was the park where the white people play tennis." (159-11) Captain Connell said he remembered the conversation about the park with Deputy Chief Proctor because he felt awkward making that statement about the park to Deputy Chief Proctor that was made to him. Captain Connell was asked did Deputy Chief Proctor know the exact details when Ms. Hoffman would be receiving the money. According to Captain Connell, he did not get into the details of all possible locations Ms. Hoffman was going to be in possession of the money alone. Captain Connell stated, "he believed he (Deputy Chief Proctor) knew that she was going to take the money into the house to make the purchase." (page 1 5 16-20) Captain Connell stated he was concerned with two issues at the briefing. The issues were Ms. Hoffman approaching the house alone and Ms. Hoffman would be in the Wal-mark parking lot by herself. Captain Connell stated he left the decision to the supervisors as to how Ms. Hoffman would be transported to those locations. (page16: 12-20) Captain Connell stated he did not know t h a t h a d an open warrant at the time of the operation. (page 16:4-6) 1.1. # 08-21 Page 170 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITInvestigators Note: Mr. Don Pumphey was provided an opportunity to askclarifying questions during the interview. Below is a synopsis of thosequestions.Mr. Pumphrey asked Captain Connell "as far as the money goes, how manytimes did Deputy Chief Proctor bring up the issue of his concern for the moneyand the money being completely protected by law enforcement so that it made itback to the department?" Captain Connell stated twice. Captain advised oncewas when they were in the property and evidence receiving the money, thesecond time was in Deputy Chief Proctors office. (page 17:16-24)Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor ask questionsabout the safety of the confidential informant or any issues surrounding thesafety of the confidential informant. Captain Connell responded, "No he did not."(page 18:1-4)Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor have anopportunity to ask questions about the safety of the confidential informant.Captain Connell advised, "he did." (page 185-8)Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor ask were thereundercover officers, which were going to be utilized with the confidentialinformant. Captain Connell stated, "no." (page 18:17)Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor indicate he hadconcerns other than the money being returned. Captain Connell advised, "no."(page 18:13-17)Mr. Pumphrey asked Captain Conne~~ he answer all the Deputy Chief UIUProctors questions he had about the operation. Captain Connell responded,"Yes." (page 18: 18-20)Mr. Pumphrey asked Captain Connell did he answer all the Deputy ChiefProctors questions he had on the telephone prior to the briefing. CaptainConnell stated, "yes." (page 18:21-24)Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor appear that hehad his normal faculties about him or did he seem impaired by medication.Captain Connell stated, "He appeared normal." (page 19:l-3)Mr. Pumphrey asked Captain Connell to explain normal. He asked CaptainConnell how many times had he been around Deputy Chief Proctor. CaptainConnell stated, "daily for the past four years, and before that on a fairly regularbasis." (page 19:4-7) ----- -- 1.1. # 08-21 Page 171 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITMr. Pumphrey asked Captain Connell did Deputy Chief Proctor ever indicate toyou that he was having trouble thinking or processing any of the information orwas unable to function at any time. Captain Connell stated, "no, sir." (page 19:8-12)Mr. Pumphrey asked Captain Connell, in addition to the briefing over the phoneand the discussion with lnvestigator Pender when the money was being counted,you additionally approached Deputy Chief Proctor and provided him a copy of theOps plan and made yourself available for any questions he may have hadconcerning safety or other issues. Captain Connell responded, "yes." (pages19:13-25; 20:l-10)Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor ask anyquestions whatsoever about the confidential informant. Captain Connellresponded, "Not specifically about the informant."Mr. Purnphrey asked Captain Connell did he affirmatively supply Deputy ChiefProctor with all information pertaining to the confidential informant as you knew itas to the house, the Wal-mart parking lot, and the potential for their being a thirdcontingent. Captain Connell stated, "I gave him everything relevant to the caseat the time that I knew." (page 20:14-20)Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor know that thiswas a confidential informant that was operating without an. undercover officer.Captain Connell stated, "I believe so." (page 20:21-24)Mr. Pumphrey asked Captain Connell did Deputy Chief Proctor have anyconcerns or asks any questions whatsoever concerning the safety of theconfidential informant at any time whatsoever. Captain Connell stated, "Wediscussed safety in general, but not specifically as it related to the informant."(page 21:l-4)Investigators note: Investigator Davis had 1 rp questions t o Mr.Pumphreys clarification questions.lnvestigator Davis asked at the time you met with Deputy Chief Proctor, did youknow that the location for the buy was going to be at Forest Meadows. CaptainConnell stated, "no." Captain Connell was asked to be specific with all relevantinformation he gave to Deputy Chief Proctor.According to Captain Connell he could not recall every little thing he had beentold throughout the day. Captain Connell stated he discussed with Deputy ChiefProctor the normal things they talk about. Captain Connell nave the examples ofthe information given 6 ~ e p u t y Chief proctor. "where i t i going to occhr, thesource, staffing that was available, and theextra DEA staffing." Captain Connell stated he was confident that he discussed 1.1. # 08-21 Page 172 of 199
  • TALLAHASSEE POLICE DEPARTMEW INTERNAL AFFAIRS UNIT with Deputy Chief Proctor they (vice officers) had the house secured, Wal-mart was secured, they had good surveillance and they had taken every precaution for those two locations. (page 21:9-25) Mr. Pumphrey advised he had other clarification questions. Mr. Pumphrey asked Captain Connell what he thought was relevant was all the information you had. Captain Connell responded, " Correct." But I cant tell you I gave him 100 percent of everything I knew at the time." (page 22:8-11) Mr. Pumphrey asked Captain Connell, did Deputy Chief Proctor indicate any concerns to you about the flash fund not being accompanied by an officer at all times. Captain Connell stated, "He (Deputy Chief Proctor) didnt specifically say that. When we were talking about the money and the fact that the CI would go in and then walk out, and then we take the house, there was that - - you have never - been around Chief Proctor - he looked at me funny. I knew he had concern." (page 23:l-6) Captain Connell explained to Deputy Chief Proctor, they had the vans on the front, the place covered, the plane was up, and the money was not going anywhere. Captain Connell advised it was only a temporary transition and theyI were going to execute the search warrz Mr. Pumphreys last question to Captain Conrle~l was, "in your discussions with Deputy Chief Proctor was the concern about the flash fund money returning because there was not going to be an officer with the money at all times." Captain Connell stated, "Correct." "Hes always worried about the money returning." (page 23:24-25; 24:l-2)) Interview concluded at 1:37 p.m. ---- -.--. 1.1. # 08-21 Page 173 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITAdministrative Obsenrations:During this Internal Affairs investigation, issues surfaced related to the use ofRachel Hoffman as a confidential informant (CI) and the May 7, 2008 operationthat were found to not be specifically addressed in current Department policy.The following is a summation of those issues, cou~led with a suggested remedyfor each.ISSUE:In the May 7, 2008 operation, one of the key and critical assignments was tomaintain eye contact with C Rachel Hoffman. This task was shared between a 1TPD investigator and a member of another law.enforcement agency. During thecourse of this Internal Affairs investigation, it was discovered that eye contactwas lost with CI Rachel Hoffman, which is a violation of Department policy. Non-Department members cannot be held accountable for actions that violateTallahassee Police Department policy.SUGGESTED REMEDY:During pre-planned Vice operations with other agencies where the TallahasseePolice Department is in command of the operation, only Department membersshall occupy designated key roles and critical assignments. This will providegreater oversight and accountability for actions and outcomes of TPD Viceoperations. Department directives should be amended to address this matter.ISSUE:On April 17, 2008, TPD Vice investigators established probable cause to arrestRachel Hoffman for felony narcotics violations but did not arrest her. Instead,she was allowed to become a CI in anticipation of "working off her charges".Department policy does not specifically address this matter.SUGGESTED REMEDY:Department members shall make arrests of persons when probable cause existsto believe the person has committed a felony. Department members shall arrestpersons when probable cause exists to believe the person has an outstandingarrest warrant or active capias.Exceptions to the above are permitted only with approval from a representative ofthe State Attorneys Office, or the lieutenant (or hiaher rank) in the arrestingmembers chain of command.Department directives should be ed to address this matter.ISSUE:The term "substantial assistance" was used by numerous Vice investigatorsduring the course of this Internal Affairs investigation. According to those 1.1. # 08-21 Page 174 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITinvestigators, it refers to a confidential informants work having their pendingcriminal charges dropped or reduced in severity."Substantial Assistance" is not defined in Department policy, nor does anyDepartment member have the authority to drop or reduce the severity of a felonycriminal charge.SUGGESTED REMEDY:Department members shall not determine the substantial assistance of a CI, andall determinations shall be the purview of the State Attorneys Office.Department directives should be amended to address this matter.ISSUE:CI Rachel Hoffman had numerous telephone contacts with Vice investigatorsduring her time as a CI. None of these contacts were noted in the ConfidentialInformant Contact Log (PD 215). Department ~ o l i c ydoes not specificallyaddress this matter.SUGGESTED REMEDY:Mandate every contact of investigative importance - regardless of the method -be noted in the Confidential Informant Contact Log. Department directivesshould be amended to address this ma1 1.1. # 08-21 Page 175 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Findings: Vice SOP 2 Section: Ill,6.10 Sergeant: Maintain control o f all informants developed b y subordinates and ensure their credibility. Sergeant David Odom: 1. Sergeant David Odorn was aware that Confidential Informant (CI) Rachel Hoffman had met with a potential suspect outside lnvestigator Ryan Penders control, without his knowledge, and against his instruction. 2. Sergeant David Odom was aware that CI Rachel Hoffman disclosed her status as a confidential informant t o , an individual she was assisting the Vice Unit with building a case against. 3. Sergeant David Odom approved and later signed off on the CI Packet for Rachel Hoffman. 4. Sergeant David Odom approved of an operarlon using CI Rachel Hoffman before ensuring all proper checks had been completed and included in the CII Packet. 5. There is no record in the CI Packet showing whether Rachel Hoffman was checked through the National Crime lnformation Center (NCIC) or the Florida Crime lnformation Center (FCIC). With Rachel Hoffman being from outside this Circuit Area, these checks would have been necessary to get a full criminal background. 6. Sergeant David Odom does not recall whether lnvestigator Pender checked Rachel Hoffman through NCIC or FCIC. 7. According to a Florida Department of Law Enforcement (FDLE) Transaction Archive Report (TAR), Rachel Hoffman was not checked through FCIC or NCIC prior to being used as a CI. Vice SOP 2 Section: Ill,C, 6 Investigator: Maintain control of all informa reloped by subordinates <sic> and ensure their credibility. lnvestigator Ryan Pender: 8. Rachel, Investigator Ryan Pender was aware CI status as a confidential informant t was assisting the Vice Unit in investigating. offman disclosed her a suspect whom she - -- 1.1. # 08-21 Page 176 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT9. - lnvestigator Ryan Pender was aware that CI Rachel Hoffman met with a potential suspect outside his control and against his direction.10. lnvestigator Ryan Pender was aware that C Rachel Hoffman spoke with 1 several times on the phone outside his control and against his direction. During one of these telephone contacts, CI Rachel Hoffman set up a deal with a suspect without consulting lnvestigator Ryan Pender.11. Investigator Ryan Pender was aw at CI Rachel Hoffman made a financial arrangement for to work for the Vice Unit and for w o r k to apply to her substantial assistance. He did not advise his supervisors of this arrangement.12. lnvestigator Ryan Pender was aware Rachel Hoffman was a participant in the Drug Court program. He was aware of the conditions of the program. He was aware that Rachel Hoffman had violated those conditions and that her work as a confidential informgn+ would continue those violations. (Pender - volume 1, page 18:6-24:13. By allowing CI Rachel Hoffman to be alone in her vehicle during the May 7, 2008 operation, lnvestigator Ryan Pender gave up control over her direction of travel, communications, safety, and decision-making.14, lnvestigator Ryan Pender allowed CI Rachel Hoffman to decide the placement of the listening device, recording device, and money prior to the operation dated May 7,2008.15. lnvestigator Ryan Pender chose to turn into the Meridian Sports Complex and not follow C Rachel Hoffman to Forest Meadows. In doing so 1 lnvestigator Ryan Pender lost control and sight of CI Rachel Hoffman. lnvestigator Ryan Pender made no arrangements for anyone else to establish control or sight of CI Rachel Hoffman.Vice SOP 6 Section: Ill,D(General Order 62 Section: (Ill, D)Each contact with a confidential informant shall be documented on theConfidential Informant Log (PD 215), which shall remain a component ofthe informant documentation package.lnvestigator Ryan Pender:16. After interviewing Vice investigators, it was learned it is common practice of the unit to log in person contacts enly. Relevant telephone contacts are 1.1. # 08-21 Page 177 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT recorded in the investigation files, as opposed to the Confidential Informant Log.17. Sergeant David Odorn and Sergeant R mey both approve of this practice.18. Lieutenant Taltha White approved of this practice.19. Captain Chris Connell, the Division Commander, approved of this practice.Sergeant David Odom:20. ~ f t ginterviewing Vice investigators, it was learned it is common practice of r the unit to log in person contacts only.21. Lieutenant Taltha White approved of this practice.22. Captain Chris Connell, the Division Commander, approved of this practice.Vice SOP 7 Section: I C .Prior to making a controlled buy, the informant must be thoroughlysearched and if possible be searched in the presence of anotherinvestigator. Female informants will be searched by a female investigatoror officer...Officer Chris Pate:23. Officer Chris Pate searched C1 Rachel Hoffman PIrior to tti e operation. . . -24. Officer Chris Pate was not aware the Vice Standard Operating Procedure (SOP) prohibiting this search.25. Officer Chris Pate is assigned to the Community Oriented Policing Squad (COPS).26, Officer Chris Pate has never been assigned to the Vice Unit.lnvestigator Ryan Pender:27. lnvestigator Pender asked Officer Pate to search CI Rachel Hoffman, a violation of Vice SOP.Vice SOP 10 Section: IEvery reasonable effort must be made to ensure that any persons identifiedas being involved in drug trafficking activity be identified as fully and 1.1. # 08-21 Page 178 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITaccurately as possible. Investigators assigned t o this unit should makeuse of every investigative resource available.lnvestigator Ryan Pender:28. lnvestigator Ryan Pender did the following in an effort to identify - , a suspect in the operations dated May 7, 2008- Surveillance of his place of work. Checked vehicle license plates of possible vehicles at - " place of work through the Driver and Vehicle Information Database (DAVID). Checked heck for the alias L. Used information provided by confidential informants in an effort to identifv -. Surveillance photos o f a n w e r e shown to CI Rachel Hoffman. (Pender - Volume 1, page 138)29. During the interview process, lnvestigator Ryan Pender showed proof of his efforts to identifySergeant Rod Looney:30. Sergeant Rod Looney was aware of the efforts lnvestigator Ryan Pender made to identify "-. He found these efforts were reasonable.Lieutenant Taltha White:31. Lieutenant Taltha White was aware of the efforts lnvestigator Ryan Pender made to identifyw. He found these efforts were reasonable.Captain Chris Connell:32. Captain Connell was aware of the efforts lnvestigator Pender made to "m. identify He found these efforts were reasonable.Vice SOP 10 Section: II, B, 6Never allow the informant to control the situation.lnvestigator Ryan Pender: 1.1. # 08-21 Page 179 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT33. CI Rachel Hoffman participated in an undercover investigation of- as part of her substantial assistance. C Rachel Hoffman I disclosed her status as a confidential informant t o and lnvestigator Ryan Pender was aware of this.34. Durin this underc ver investigation, CI Rachel Hoffman disclosed t o m d t h a d a s the subject of a criminal investigation, thereby prematurely ending the investigation. lnvestigator Ryan Pender was aware of this.35. lnvestigator Ryan Pender was aware that CI Rachel Hoffman met with suspect w outside his control and against his direction.36. lnvestigator Ryan Pender was aware that CI Rachel Hoffman spoke with suspects m" 1-meveral and times on the phone outside his control and qgainst his direction. During one of these telephone contacts, CI Ractiel Hoffman set up a deal with q w i t h o u t consulting lnvestigator Pender first.37. lnvestigator Ryan Pender was aware that CI Rachel Hoffman made a financial arrangement f o r to work with the Vice Unit and for work to apply to her substantial assistance.38. By allowing CI Rachel Hoffman to be alone in her vehicle during the May 7, 2008 operation, lnvestigator Ryan Pender allowed CI Rachel Hoffman control over her direction of travel, communications, safety, and decision- making.Vice SOP 10 Section: Ill.APrior to all buy cases, there should be as much surveillance andinformation gathering about the suspects, his accomplices, and thelocation of the buy(s) as possible.lnvestigator Ryan Pender:39. According to the Operational Plan dated May 7, 2008, one of the contingency locations was Walmart, 5500 Thomasville Road.40. There was no surveillance done for Walmart, 5500 Thomasville Road.41. No information was gathered on Walmart, 5500 Thomasville Road, pertaining to ingresslegress, construction, special events, pedestrianlvehicular traffic, and the location in the parking lot where the buy was planned to occur. 1.1. # 08-21 Page 180 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT42. According to Sergeant Rod Looney, the supervisor of the Vice operation, no prior operations had been planned or conducted at Walmart, 5500 Thornasville Road.43. Although Forest Meadows was discussed at the end of the May 7, 2008 operational briefing, surveillance of the location was not performed.Sergeant Rod Looney:44. According to the Operational Plan dated May 7, 2008, one of the contingency locations was Walrnart, 5500 Thomasville Road.45. There was no surveillance done for Walmart, 5500 Thomasville Road.46. No information was gathered on Walmart, 5500 Thomasville Road, pertaining to ingresslegress, construction, special events, pedestrianlvehiculartraffic, and the location in the parking lot where the buy was planned to occur.47. According to Sergeant Rod Looney, the supervisor of the Vice operation, no prior operations had been planned or conducted at Walmart, 5500 Thomasville Road.48. Although Forest Meadows was discussed at the end of the May 7, 2008 operational briefing, surveillance of the location was not performed.Lieutenant Taltha White:49. According to the Operational Plan dated May 7, 2008, one of the contingency locations was Walmart, 5500 Thomasville Road.50. There was no surveillance done for Walmart, 5500 Thomasville Road.51. No information was gathered on Walmart, 5500 Thornasville Road, pertaining to ingresslegress, construction, special events, pedestrian1 vehicular traffic, and the location in the parking lot where the buy was planned to occur.52. According to Sergeant Rod Looney, the supervisor of the Vice operation, no prior operations had been planned or conducted at Walmart, 5500 Thomasville Road.53. Although Forest Meadows was discussed at the end of the May 7, 2008 operational briefing, surveillance of the location was not performed.Captain Chris Connell: - ---- ..--.---.-----.---- --- --. 1.1. # 08-21 Page 181 of 199
  • TALLAHASSEE POLICE DEPARTMET-- INTERNAL AFFAIRS UNIT54. According to the Operational Plan dated May 7, 2008, one of the contingency locations was Walmart, 5500 Thornasville Road.55. There was no surveillance done for Walmart, 5500 Thornasville Road.56. No information was gathered on Walmart, 5500 Thornasville Road, pertaining to ingresslegress, construction, special events, pedestrianlvehicular traffic, and the location in the parking lot where the buy was planned to occur.57. According to Sergeant Rod Looney, the supervisor of the Vice operation, no prior operations had been planned or conducted at Walmart, 5500 Thornasville Road.58. Although Forest Meadows was discussed at the end of the May 7, 2008 operational briefing, surveillance of the location was not performed.Vice SOP 10 Section: Ill.C. 1Avoid crowded meeting locations, when pas,,,,,.Investigator Ryan Pender:59. The May 7,2008 operational plan had Walmart, 5500 Thornasville Road as one of the approved locations for the operation. At 6 PM, this location is crowded with vehicular and pedestrian traffic.60. The location for the operation, not documented in the operational plan, Forest Meadows, is a public park with tennis facilities, a pool, bike trails, and meeting facilities. At 6 PM, this location is crowded with vehicular and pedestrian traffic.Sergeant Rod Looney:61. The May 7, 2008 operational plan had Walmart, 5500 Thornasville Road as one of the approved locations for the operation. At 6 PM, this location is crowded with vehicular and pedestrian traffic.62. The location for the operation, not documented in the operational plan, Forest Meadows, is a public park with tennis facilities, a pool, bike trails, and meeting facilities. At 6 PM, this location is crowded with vehicular and pedestrian traffic.Captain Chris Connell: 1.1. # 08-21 Page 182 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT63. The May 7, 2008 operational plan had Walmart, 5500 Thomasville Road as one of the approved locations for the operation. At 6 PM, this location is crowded with vehicular and pedestrian traffic.64. The location for the operation, not documented in the operational plan, Forest Meadows, is a public park with tennis facilities, a pool, bike trails, and meeting facilities. At 6 PM, this location is crowded with vehicular and pedestrian traffic.Vice SOP 16 Section: I. B, c IInvestigators should know the names, addresses, and description of thedefendantlsuspect, including any special characteristics and mannerisms;hislher vehicle description and tag, frequently traveled routes and meeting -places, such as bars, restaurants or clubs.lnvestigator Ryan Pender:65. ws !fa - fully identified along with vehicles and addresses.66. As stated in the findings under Vice SOP 10 Section: I, lnvestigator Ryan Pender made every reasonable effort to identify but was unsuccessful.Vice SOP 16 Section: 11, EIdentify suspect(s) who may be involved. Obtain photographs o f allsuspects. Obtain vehicle descriptions of all vehicles involved.lnvestigator Ryan Pender: -67. Ba -t s w fully identified along wlrn vehicles, addresses, and photos.68. lnvestiaator Rvan Pender obtainea a DOSSlDle pnoto of while69. As stated in the findings under Vice SOP 10 Section: I, lnvestigator Ryan - Pender made every reasonable effort to identify but was unsuccessful.Vice SOP 16 Section: 11, F. IDo not deal with suspects at their chosen location.lnvestigator Ryan Pender:70. In the conversations between CI Rachel Hoffman and suspects and -, the suspects stated they wanted to do the deal at I Presidence. ; 1.1. # 08-21 Page 183 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT71. lnvestigator Ryan Penders investigation revealed that the location the mothers home, 0 - d to was suspect 72. lnvestigator Ryan Pender approved the suspects chosen location and included the 7 - Rocation in his operational plan.73. On May 7, 2008, after the operational briefing, a controlled call between CI Rachel Hoffman and suspect was conducted. The suspects chose to move the buy location to Forest Meadows.74. CI Rachel Hoffman informed lnvestigator Ryan Pender of the Forest Meadows buy location, chosen by the suspects, and lnvestigator Ryan Pender approved the location.75. lnvestigator Ryan Pender advised other rnembers of the location change to Forest Meadows over the police radio.76. lnvestigator Ryan Pender did not inform any member, including supervisors, of the fact that the suspects chose Forest Meadows as the buy location. (Radio transmissions page 1).Sergeant Rod Looney: -76. In the conversations between CI Rachel Hoffman and suspeds- 0and I-, the suspects stated they wanted to do the deal at -residence.77. lnvestigator Ryan Penders investigation revealed that the location the suspects referred to was suspec 4 mothers home,78. lnvestigator Ryan Pender approved the suspects chosen location and included t e h- location in his operational plan.79. Sergeant Rod Looney approved the operational plan including the suspects chosen location.80. On May 7, 2008, after the operational briefing, a controlled call between C I Rachel Hoffman and suspect was conducted. The suspects chose to move the buy location to Forest Meadows. -81. Sergeant Rod Looney (Looney page I knew that the suspects changed 15) the location to Forest Meadows. Knowing this, Sergeant Rod Looney allowed the operation to continue at Forest Meadows. -- -- .----. -..--- 1.1. # 08-21 Page 184 of 199
  • TALLAHASSEE POLICE DEPARTMET -- INTERNAL AFFAIRS UNIT Lieutenant Taltha White: 83. In the conversations beheerl bl Rachel Hoffman and suspects- 0 and " - , the suspects stated they wanted to do the deal at I ! * residence. 84. lnvestigator Ryan Penders investigation revealed that the location the suspects referred to was suspec- mothers home,- 0 - 85. lnvestigator Pender approvea me suspecrs. cnosen location and included the o c a t i o n in his operational plan. 86. Lieutenant White approved the operational plan including the suspects1 chosen location. - Captain Chris Connell: 87. In the conversations between CI Rachel Hoffman and suspects a n d- , the suspects stated they wanted to do the deal at -residence.I 88. lnvestigator Ryan Penders investigation revealed that the location the red to was suspec- mothers home, 89. Investigator Ryan Pender approved the suspects chosen location and included thei-ation in his operational plan. 90. Captain Chris Connell approved the operational plan including the suspects chosen location. Vice SOP 16 Section: I , G, 6 I THE MONEY MUST BE PROTECTED AT ALL TIMES. (Capitalized i n policy) lnvestigator Ryan Pender: 91. Per General Order 14 (Cash Management), Flash Fund money is "used by the Department for show when dealing with drug and narcotic offendersn. 92. lnvestigator Ryan Pender placed Flash Fund money he received for the operation into C Rachel Hoffmans purse and allowed her to transport the 1 funds alone. 1.1. # 08-21 Page 185 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT93. The operational plan detailed a scenario where, after the transaction, the Flash Fund money would be left by CI Rachel Hoffman inside the residence of suspecf parents.94. lnvestigator Ryan Pender chose to turn into the Meridian Sports Complex and not follow CI Rachel Hoffman to Forest Meadows. In doing so lnvestigator Ryan Pender lost control and sight of CI Rachel Hoffman and the Flash Fund money she was carrying in her vehicle. lnvestigator Ryan Pender made no arrangements for anyone else to establish control or sight of CI Rachel Hoffman.95. The total amount of $13,000 in Flash Funds disbursed to lnvestigator Ryan Pender was stolen and less than the total amount was recovered.General Order 62 Section: Vl, CIf it i s determined at any point that the continuing use of a confidentialinformant i s no longer beneficial to the department, the originating memberor Vice, Narcotics and Technical Support Lieutenant or designee shallcomplete the termination information sheet (PD 211) i n order t o de-activatethe confidential informant.96. This general order directs members to complete the termination information sheet (PD 211) upon determination that the continued use of confidential information is no longer beneficial to the department. The originating member, and supervisors involved with this informant, failed to determine that C Rachel Hoffman was no longer beneficial to the department 1 (reference Vice SOP 2 Section: Ill, C, 6).General Order 46 Section: I ,I, I IMembers shall not fail to use ordinary or reasonable care i n theperformance of assigned and lawful duties and responsibilities.Negligence is synonymous with carelessness and signifies lack o f care,caution, attention, diligence or discretion.lnvestigator Ryan Pender:97. lnvestigator Ryan Pender was aware CI Rachel Hoffman was a participant in the Drug Court program, and was aware of the conditions of the program. He was aware that CI Rachel Hoffman violated those conditions and her work as a confidential informant would continue those violations. (Pender - volume 1, page 18:6-24).98. lnvestigator Ryan Pender did not notify his Hoffman had made a financial arrangement wit - - - - - - 1.1. # 08-21 Page 186 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT - work to apply to her substantial assistance. (Odom page 111:16-20) - (White page 141:16-19) (Looney - page 91:17 - page 92:11) (Connell- page 78:5-12)99. lnvestigator Ryan Pender allowed CI Rachel Hoffman to travel alone with $13,000 of department funds in her vehicle during the May 7, 2008 operation to purchase illegal narcotics and a firearm from two suspects, one whose full identity was unknown to Vice investigators.100. lnvestigator Ryan Pender was unaware if C Rachel Hoffman had any 1 experience in handling firearms. Additionally, he did not provide any training in safe handling of the firearm she was supposed to purchase. (Pender - volume 2 page 182:22 - page 184:07)101. By allowing CI Rachel Hoffman to be alone in her vehicle during the May 7, 2008 operation, lnvestigator Ryan Pender gave up control over her direction of travel, communications, safety, and decision-making.102. The suspects changed the buy location to Forest Meadows minutes before the deal was to occur. Factors to consider in this change of location include: Post 5 oclock vehicular traffic traveling north on North Meridian Road (a two lane road). North Meridian Road at Forest Meadows is a canopy road, which rendered the aircraft surveillance useless. a CI Rachel Hoffman was not familiar with the area. Forest Meadows is a public park with citizens present. Despite these factors, lnvestigator Rya~ ?r approved the change of location.103. lnvestigator Ryan Pender, as the case agent, made no provisions to have surveillance conducted at Forest Meadows after he approved the change of location.104. lnvestigator Ryan Pender chose to turn into the Meridian Sports Complex and not follow CI Rachel Hoffman to Forest Meadows. In doing so lnvestigator Ryan Pender lost control and sight of CI Rachel Hoffman. lnvestigator Ryan Pender made no arrangements for anyone else to - establish control or sinht of CI Rachel Hoffman. (Pender Volume 2, page 243:9 -244:6)Sergeant Rod Looney: 1.1. # 08-21 Page 187 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT105. Sergeant Rod Looney allowed CI Rachel Hoffman to travel alone with $13,000 of department funds in her vehicle during the May 7, 2008 operation to purchase illegal narcotics and a firearm from two suspects, one whose full identity was unknown to Vice investigators.106. By allowing CI Rachel Hoffman to be alone in her vehicle during the May 7, 2008 operation, Sergeant Rod Looney gave up control over her direction of travel, communications, safety, and decision-making.107. The suspects changed the buy location to Forest Meadows minutes before the deal was to occur. Factors to consider in this change of location include: Post 5 oclock vehicular traffic traveling north on North Meridian Road (a two lane road). North Meridian Road at Forest Meadows is a canopy road that rendered the aircraft surveillance useless. CI Rachel Hoffman was not familiar with the area. ,a Forest Meadows is a public park with citizens present. Despite these factors, Sergeant Rod Looney took no actions to stop the operation.108. Sergeant Rod Looney, as the supervisor in charge of the operation, made no provisions to have surveillance conducted at Forest Meadows after he knew of the change of the buy location.Lieutenant Taltha White:109. On April 17, 2008 a search warrant was served at Rachel Hoffmans residence at 2626 East Park Avenue #16303. Lieutenant White authorized Investigator Pender to conduct the search warrant service without a supervisor on scene to provide active and direct supervision. (White - page 122:13 - 123:22)110. According to the operational plan, and interviews conducted, there were a total of eighteen (18) investigators and DEA agents involved in the May 7, 2008 operation. Factors to consider in determining the supervisory span of control were: General Order 2 (Chain of Command-General Management) states "as a general rule, span of control should not exceed nine to twelve members unless working conditions allow a greater number". Vice SOP 2 (Vice Unit Members) 3, A, 10, states one of the roles of the Vice lieutenant is to "ensure proper staffing and effective use of manpower and resources in conjunction with the unit goals". 1.1. # 08-21 Page 188 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT This was a joint operation with the Drug Enforcement Administration (DEA). Operation members were assigned to five different locations/assignments: o Arrest teams and a block team at Wal-Mart, 5500 Thomasville location. Lieutenant Taltha White was aware Sergeant Rod Looney was the only supervisor assigned to supervise on-scene operations.111. Lieutenant Taltha White approved the May 7 , 2008 operational plan allowing CI Rachel Hoffman to travel alone with $13,000 of department funds in her vehicle to purchase illegal narcotics and a firearm from two suspects, one whose full identity was unknown to Vice investigators.Captain Chris Connell:112. According to the operational plan, and interviews conducted, there were a total of eighteen (18) investigators and DEA agents involved in the May 7, - 2008 operation. Factors to consider in determining the supervisory span of control were: General Order 2 (Chain of Command-General Management) states, "as a general rule, span of control should not exceed nine to twelve members unless working conditions allow a greater number". This was a joint operation with the DEA. Operation members were assigned to five different locations/assignments: o Surveillance at the .- o Arrest teams and a block team at Wal-Mart, 5500 Thomasville Road (later chanaed to Forest Meadows). o ~urveiilance tce residence a at d ! 0 o Mobile units following C Rachel Hoffman to the buylbust I location. - 1.1. # 08-21 Page 189 of 199
  • TALLAHASSEE POLICE DEPARTMEI INTERNAL AFFAIRS UNIT Captain Chris Connell was aware Sergeant Rod Looney was the only supervisor assigned to supervise on-scene operations.113. Knowing Sergeant Rod Looney was the sole on-scene supervisor, Captain Chris Connell allowed Lieutenant Taltha White to remain at the police department during this operation to work on administrative tasks. (Proctor - page 47:3)114. Captain Chris Connell approved the May 7, 2008 operational plan allowing CI RachelHoffman to travel alone with $13,000 of department funds in her vehicle to purchase illegal narcotics and a firearm from two suspects, one - whose full identity was unknown to Vice investigators. (Connell page - 105:19 106:09)General Order 14 Section: Ill,D, 5The individual receiving the money shall assume responsibility for thefunds and ensure they are retained in a secure location until returned t o theFund Custodian.lnvestigator Ryan Pender:115. Per General Order 14 (Cash Management), Flash Fund monies are "used by the Department for show when dealing with drug and narcotic offenders". lnvestigator Ryan Pender placed Flash Fund money he received for the operation into CI Rachel Hoffmans purse and allowed her to transport the funds alone.116. The operational plan detailed a scenario where, after the transaction, the Flash Fund money would be left by CI Rachel Hoffman inside the residence of suspect )parents.117. lnvestigator Ryan Pender chose to turn into the Meridian Sports Complex and not follow CI Rachel Hoffman to Forest Meadows. In doing so lnvestigator Ryan Pender lost control and sight of CI Rachel Hoffman and the Flash Fund money she was carrying in her vehicle. lnvestigator Ryan Pender made no arrangements for anyone else to establish control or sight of CI Rachel Hoffman.118. The total amount of $13,000 in Flash Funds disbursed to lnvestigator Ryan Pender was stolen and less than the total amount was recovered. 1.1. # 08-21 Page 190 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Conclusion: Officer Chris Pate: Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Officer Pate for Vice SOP 7 Section: I C be termed Not , Sustained. lnvestigator Ryan Pender: Based on the information gat here^ --... lg this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 2 Section: Ill, C, 6 be termed Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 6 Section: Ill, D be termed Not Sustained. Based on the information gathered during rnls investigation, it is theI recommendation of Investigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 7 Section: I C be , termed Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 10 Section: I be termed Not Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Penrler fnr Vice SOP 10 Section: 11, B, 6 be termed Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 10 Section: Ill, A be termed Sustained. Based on the information gathered during this investigation, I L IS the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 16 Section: Ill, C, 1 be termed Sustained. 1.1. # 08-21 Page 191 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 16 Section: II, B, c be termed Not Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 16 Section: I, E be I termed Not Sustained. Based on the information gathered during r r investigation, it is the ns recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 16 Section: II, F, I be termed Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for Vice SOP 16: 11, G, 6 be termed Sustained. Based on the information gathered during rnls investigation, it is theI recommendation of Investigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for General Order 46 Section: II, I 1 , be termed Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against lnvestigator Pender for General Order 14 Section: Ill,D, 5 be termed Sustained. Sergeant David Odom: Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Odom for Vice SOP 2 Section: Ill, B, 10 be termed Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Odom for Vice SOP 6 Section: Ill, D be termed Not Sustained. Sergeant Roderick Looney: Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Looney for Vice SOP 10 Section: I be termed Not Sustained. 1.1. # 08-21 Page 192 of 199
  • TALLAHASSEE POLICE DEPARTME INTERNAL AFFAIRS UNIT Based on the information gathered during this; investigation, it is the . - --- recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that - the allegation against Sergeant Loonev for Vice SOP 10 Section: Ill, A be termed Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Looney for Vice SOP 10 Section: Ill, C, Ibe termed Sustained. Based on the information gathere" UUIIIIY UIIS investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Looney for Vice SOP 10 Section: 11, F, I be termed Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Sergeant Looney for General Order 46 Section: 11, I, 1 be termed Sustained.! Lleutenant Taltha White: Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Lieutenant White for Vice SOP 10 Section: I be termed Not Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Lieutenant White fnr Vice SOP 10 Section: Ill, A be termed Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Lieutenant White for Vice SOP 16 Section: 11, F, I be termed Sustained. Based on the information gathered during this investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that the allegation against Lieutenant White for General Order 46 Section: II, I, 1 be termed Sustained. - - Captain Chris Connell: Based on the information gathered during rnls investigation, it is the recommendation of lnvestigators George Creamer, Jr. and Danielle Davis that 1.1. # 08-21 Page 193 of 199
  • TALLAHASSEE POUCE DEPARTMENT INTERNAL AFFAIRS UNITthe allegation against Captain Connell for Vice SOP 10 Section: Ibe termed NotSustained.Based on the information gathered during this investigation, it is therecommendation of lnvestigators George Creamer, Jr. and Danielle Davis thatthe allegation against Captain Connell for Vice SOP 10 Sectlon: Ill,A be termedSustained.Based on the information gathered during this investigation, it is therecommendation of lnvestigators George Creamer, Jr. and Danielle Davis thatthe allegation against Captain Connell for Vice SOP 10 Section: Ill, C, 1 betermed Sustained.Based on the information gathered during this investigation, it is therecommendation of lnvestigators George Creamer, Jr. and Danielle Davis thatthe allegation against Captain Connell for Vice SOP 16 Section: II, F, I betermed Sustained.Based on the information gathered during this investigation, it is therecommendation of lnvestigators George Creamer, Jr. and Danielle Davis thatthe allegation against Captain Connell for General Order 46 Section: 11, I 1 be ,termed Sustained. 1.1. # 08-21 Page 194 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITI, the undersigned, do hereby swear, under penalty of perjury: That I have read the foregoing document and, to the best of my knowledge, information. and belief, the facts stated therein are true and accurate; and That, to the best of my personal knowledge, information, and belief, I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any - of the rights contained in ss. 112.532 and 112.533, Florida Statutes.STATE OF FLORIDCOUNN OF LEOhSwom to (or affirmed) and subscribed before me this c d a y of $;$dh- , 2 0 0 e byGeorge Creamer, Jr., lnternal Affairs Investigator for the Tallahassee Police Department InternalAffairs Unit, who is personally known to me or provided + h as ldentifcation. Richard D Courtemanche, Jr. . Cmnlsdon A DD377253 fdm Officer My Commission Expires: Z/w$9I,the undersigned, do hereby swear, under penalty of perjury: That I have read the foregoing document and, to the best of my knowledge, information. and belief, the facts stated therein are true and accurate; and That, to the best of my personal knowledge, Information, and belief. I have not knowingly or willfully deprived, or allowed another to deprive, the subject of the investigation of any of the rights contained in ss. 112.5Kand 112.533, Florida Statutes. - 53- Invnstiqator Tallahassee Police lntemal Affairs UnitSTATE OF FLORIDACOUNN OF LEON /9.Sworn to (or affirmed) and subscribed before me this /a. day of " b . 2 0 0 x . byDanielle Davis, Internal Affairs Investigator for the Tallahassee ~ o l i c e n t e m aAffairs lUnit, who is personally known to me or providedas identification. RichardD. Coudemanche, Jr. Cornmisrion # DD377253 ) February 8,2009 vmy~m. IIB-;~. 14, NOW or Law ~nforce6dnt Public Officer My Cornmlssion Expires: /P47 1.1. # 08-21 Page 195 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNIT Predet o n Notic:e:lnvestiigator Rj(an Pencjer 9 8 -5 -.OD& M .-Serge; ~ nDavid odom t - 7 / / < / J o ~ ~ z : h AJM 7Sergeernt Roderick Loo I ?ant Taltha Whitc 7//ddc0 8 5.l/ro~fl n Chris Connell ?/la-/% 7lnterna11Affairs CommanderC i n n r ture: ~Dispositions:Vice SOP 2 Section: Ill,B, 10Sergeant: Mailntain control of all informants developed by suk ?S and e ~eircredibility.Sergeant David Odom: sf:;n~/d#z3--- --vice SOP 2 Section: Ill,C, 6Investigator: Maintain control of all informants developed by subordinatesensure their credibility. gator Ryan Pender 54.Sfl,>d.53 -~~ -Vice SOP 6 Section: Ill,D(General Order 62 Section: (Ill, D)Each contact with a confidential informant shall be documented on the Confidenl tialInformant Log (PD 215), which shall remain a component of the informant documentatipackage.Investigator Ryan PenderSergeant David Odom &~,7,Vice SOP 7 Section: I,CPrior to making a controlled buy, the informant must be thoroughly searched and ifpossible be searched in the presence of another investigator. Female informants willsearched by a female investigator or officer ...Officer Chris Pate 4/47 - 1.1. # 08-21 Page 196 of 199
  • .ALLAHASSEE POLICE DEPARTMEN INTERNAL AFFAIRS UNIT Investigator Ryan Pen1 derVice SOP 10 Section: IEvery reasonable effort must be made to ensure that any persons identific einginvolved in drug trafficking activity be identified as fully and accurately as possiible.Invest! iaators assigned to this unit should make use of every investigati!availallnvestiigator RJ jer /t/o7 G S Z ~ V ~ ~ - .- .Serge: rnt ~ o a e r l ~ o o n e y c~ N o 7 &J~AIBP nant Talltha White -l bnrls Connell r m1-..:- r &@ 7- ,<& c 72??/u#ZJ d P 10 Section: II, B, 6Never allow thc inform, t o control the situation. ant .rr DrrrVice SOP 10 Section: II ringPrior to all buy cases, there should be as much surveillance and information gathe~about the suspects, his accomplices, and the location of the buy(s) as possible.lnvestigator R jran Pender 5arn,~>d9., J,~T Semnn - L -- - a . K O ~ooney ~ S ~ J ~ , ~ DLieut eiant Tall ~ e 5~4.m n Chris (:onnellVice SOP 10 Section: Ill, C, 1Avoid (crowdedI meeting locations, when possible. gator Ryran Pendlerlnvesti S&~W,~/>V ---ISergea~ nnoo ~ o o n e y t -I I C(Y: .7?%//e".13 < n Chris Connell s4~7 GJVice SOP 16 Section: II, B, cInvestigators should know the names, addresses, and description of thedefendanffsuspect, including any special characteristics and mannerisms; hislher vehicln 1.1. # 08-21 age 197 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITdescription and tag, frequently traveled routes and meeting places, such as bars,restaurants or clubs.lnvestigator R](an PencVice SOP 16 Section: II, EIdentify suspect(s) who may be involved. Obtain photo of all suspects. Obtainvehicle descriptions of all vehicles involved.lnvesti ran PenclerVice SOP 16 Section: II, F, IDo not deal with suspects at their chosen location.lnvestigator Ryan PendSergeant Roderick LooneyLieutenant Taltha WhiteCaptain Chris ConnellVice SOP 16 Section: I , G, 6 ITHE MONEY MUST BE PROTEC ALL TI! i in policy)Investi! gator Ry,an PendGeneral Order 46 Section: I , I, 1 IMembers shall not fail to use ordinary or reasonable care in the performance of assignedand lawful duties and responsibilities. Negligence is synonymous with carelessness andsignifies lack of care, caution, attention, diligence or discretion.lnvestigator Ryan PendSergeant Roderick Loo1Lieutenant Taltlha WhiteCaptain Chris Conne~~ .. -General Order 14 Section: 111, u,The individual receiving the money shall assume responsibility for the! funds i snd ensurethey are retained in a secure location until returned to the Fund Custodi an.lnvestigator Ryi 1.1. F utr-21 Page 198 of 199
  • TALLAHASSEE POLICE DEPARTMENT INTERNAL AFFAIRS UNITChiefsSignature:Date Concluded: - 1.1. # 08.94 Page 199 I