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Highlands Today

PBA Asks For Grand Jury On Evidence Handling

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By JOE SEELIG

Highlands Today

Published: September 6, 2008

SEBRING - The evidence handling controversy involving the Highlands County Sheriff's Office just isn't going away.

A copy of a letter dated Sept. 4, from David Murrell, executive director of the Florida Police Benevolent Association Inc., written to State Attorney Jerry Hill was faxed to the Tampa Tribune's Tallahassee bureau late Thursday and forwarded to Highlands Today.

In the letter Murrell asks Hill to convene a grand jury "for the purpose of investigating allegations of evidence mishandling at the Highlands County Sheriff's Office."

The letter included an apparent news release (undated), stating the association has launched a formal complaint against the Highlands County sheriff.

"We are alleging gross incompetence by Sheriff Susan Benton in the custody and handling of evidence critical to prosecutions in Highlands County," wrote Murrell. "If a deputy were to mishandle or lose evidence of this magnitude, they would be terminated with cause. We feel an independent investigation by the State's Attorney is necessary to restore confidence in this agency."

Benton said Friday she has been working with the state attorney's office and an internal investigation of the matter was ongoing.

The internal investigation is two-fold, she said; the inventory process if it followed policy and industry standards as well as were any personnel in violation of the law or policies and procedures of the sheriff's office.

"Mr. Hill and I have been in communication as the evaluation of our evidence handling progresses," she said. "We will continue to talk and in fact will meet here next week to work out any remaining resolutions. Mr. Hill and I reassure the community that all efforts are being made to guarantee the integrity of the evidence process."

Benton said she received a letter from Hill dated Aug. 29, in which he expressed his continuing concerns regarding issues raised in the audit. Hill's letter included some of those concerns raised by the PBA.

Benton responded to Hill on Thursday, Sept. 4.

"Please forgive me, but I did not realize you were waiting for information from the Sheriff's Office, since we have been working closely with the State's Attorney's Office in Highlands County," she wrote.

She said she looked forward to her 9 a.m. meeting with Hill on Wednesday.

Benton wasn't immediately aware Friday of the PBA's letter, but then again, neither was Hill's office, according to spokesman Chip Thulberry.

When Thulberry was asked to comment on the PBA's allegations, he could not.

"The letter has not arrived," he said. "Clearly we cannot respond on a letter we have not received."

Mike Durham, the sheriff's general counsel, found it interesting that the letter got to the press before it got to the person it was written to.

The PBA cited a 13-page report written by Stephen Newell, who was a 30-year veteran in law enforcement hired by Benton as a part-time civilian to work on cold cases. His employment began on June 21, 2007, working about 20 hours per week.

He was later asked to lead a team conducting an inventory and audit of the sheriff's evidence storage rooms. He resigned in protest to what he called the "mishandling of the truth" regarding the inventory he conducted.

"Newell's memo was highly critical of past evidence handling procedures and listed specific pieces of evidence that were missing or improperly destroyed," the PBA's news release stated. "Upon receipt of the Newell memo, Sheriff Benton abruptly ended the audit and had staff rewrite the memo to 'sanitize' the conclusions critical of her agency."

"Benton could have accepted the findings of the audit and acted in good faith to restore credibility to her agency," said Murrell. "Instead, she sanitized the Newell report for political purposes and, thus, misrepresented his work to the press and the public. She needs to be held accountable."

Benton said Friday, a review of the inventory revealed many items listed as missing were actually there. She simply lost confidence in Newell's experience.

"He admitted to me that never once, in his 30-some-year distinguished law enforcement career, had he conducted an inventory," Benton said Friday.

PBA Deputy Executive Director Matt Puckett said Friday it got involved when it received information regarding the circumstances of Newell's resignation on Aug. 6 this year.

Durham said the PBA's move could be in response to recent efforts by some members to unseat the PBA as its labor union.

"Could the PBA be upset that the Fraternal Order of Police has endorsed Sheriff Benton and there may be an effort to terminate the PBA's relationship with the members of the sheriff's office," said Durham. "After all the unions survive from dues-paying members. It appears the PBA has made this personal against Sheriff Benton."

Puckett said Friday that was not the case.

"As far as I know the officers are very satisfied with the organization," he said. "We just want to be sure that the sheriff's office is strictly following the letter of the law."

View the documents:
http://media.tbo.com/tbo/pdfs/090908audit.pdf

http://media.tbo.com/tbo/pdfs/090908pba.pdf

http://media.tbo.com/tbo/pdfs/090908resignation.pd...

http://media.tbo.com/tbo/pdfs/090908report.pdf

Joe Seelig can be reached at (863) 386-5834 or jseelig@highlandstoday.com

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