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Highlands Today

Evidence Inventory Finished

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By GARY PINNELL

Highlands Today

Published: October 8, 2008

SEBRING - Sheriff Susan Benton's office has completed an inventory of about 8,000 evidence items, said the office's attorney, Mike Durham.

The Highlands County Sheriff's Office agreed on Sept. 11 with State Attorney Jerry Hill to account for all guns, drugs, cash and DNA evidence. The sheriff has scheduled an Oct. 13 meeting with Hill to discuss the matter.

The Florida Department of Law Enforcement was at the sheriff's office Tuesday to review what was found in the inventory, Durham said. "We'll discuss what improvements have been made."

Missing Evidence

In February, an inventory of about 4.5 percent of the 33,000 items stored in evidence for future court cases determined 33 items were missing, including a gun and DNA from various cases. In addition, the report stated that marijuana seized from 16 of 79 grow-house raids "were unable to be weighed or individually accounted for due to advanced spoilage."

Asst. State Attorney Steve Houchin said that's caused problems with other grow house cases. On Sept. 24, Judge Peter Estrada heard a motion by Justin Gaines, the attorney for Nelson Rodriguez's lawyer, to throw out one count of his four-count case: trafficking in cannabis.

Gaines phoned Sgt. Jamie Casey, who informed the Polk County attorney that the cannabis in the Rodriguez case, "was improperly stored. As a result, the cannabis mildewed, creating a biohazard to anyone inside the storage facility."

On Sept. 10, Benton and Hill met for two hours to discuss evidence handling and procedures.

"Within 30 days," the sheriff and prosecutor agreed, "under the supervision of an outside, independent agency, the following will be accomplished:

•"All guns not documented as properly destroyed will be accounted for.

•"All drugs and cash will be accounted for.

•"All DNA evidence will be accounted for.

•"One in four of the more than 35,000 bulk evidence items will be inventoried."

Benton and Hill agreed to revisit Stephen Newell's original evidence inventory.

"Certain issues were raised in a lengthy report by a former employee who reviewed the evidence room," Hill's press release said. "Each point raised will be responded to."

Newell was a retired 34-year police veteran, a former watch commander of the Palm Beach Sheriff's Office, and an assistant police chief at the Pahokee Police Department when he was asked by Benton to inventory the evidence room.

More than half of the items listed as missing in Newell's original 13-page report have been found, Durham said. "Some of it was misfiled."

Gary Pinnell can be reached at gpinnell@highlandstoday.com or 863 386-5828

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