Bureaucratic Insanity

I sent the following email to various agencies including FDLE:

I am contacting you in reference to violations of Florida Statute regarding LET fund. Via public records requests, I have found that the Escambia County Sheriff’s Office is not obtaining the followup accounting per statute 932.7055(5)(c). I have requested this documentation from the Sheriff’s office. The CFO, Henrique Dias, was confused about my request but emailed me that his office just disbursed the funds, someone else did the followup.  So I contacted the Board of County Commissioners, who have to OK all donations and they do not do any follow up as they insist the Sheriff’s office should. But they did tell me that the Clerk of Court may have the documentation as they are supposed to verify that paperwork is done. Today, Pam Childers, the Clerk of Court, said there was no way for her to fulfill request and re-directed me to the Sheriff’s office.
Each step of the way I had to CONVINCE each of these entities that follow up reporting is required by statute. What that tells me is they aren’t properly handling the reporting. My question is if this can go on without anyone regarding the law that establishes procedure, what else is being mishandled?
A serious inquiry should be done. Even though this is just follow up reporting, it shows how used to cutting corners the officials in this county are. This is merely a symptom of a much deeper problem when all the checks and balances are not in place properly.
Jimmie Staley
This is the FDLE response I got:

Dear Mr. Staley,

Your recent correspondence with the Florida Department of Law Enforcement (FDLE) was received by the Office of Executive Investigations (OEI). In your correspondence, you addressed concerns about the handling of civil asset forfeitures. Upon review, it was determined that your complaint does not warrant an investigation by FDLE. If you believe that employees of the Escambia County Sheriff’s Office did not follow proper procedure or statute, you should provide that information to their internal affairs or command staff. Florida law states that the employing agency is responsible for investigating complaints against officers and employees within their agency. Therefore, any complaints regarding alleged misconduct by members of the Escambia County Sheriff’s Office should be directed to the Escambia County Sheriff’s Office Internal Affairs / Professional Standards Unit for their review and any action deemed appropriate.

Sincerely,

Florida Department of Law Enforcement

Office of Executive Investigations

 

This could be a form letter from any agency, honestly.  It is this sort of thinking that enables corruption; surely this is by design.  Archimedes said, “Give me a place to stand & I will take over the world.” Sadly this is not the mantra of the average American. But what I wanted to point out to people is that just to get to the point to report wrongdoing or send a complaint, as simple as it was, takes someone a very long time to work up to doing. The average person has to weigh the cost of “rocking the boat”, either personally or professionally.  This person would have to be absolutely sure the result would outweigh the cost and be heard by the recipient. This is where people will abandon vocalizing their concerns. Once someone from an organization or agency, in effect, tells them there is nothing they can do, that generally ends it. The person re-thinks their intuition and rationale thinking that led them to the point of reaching out. They start to doubt their understanding of the process and procedures that make up “the system”–sometimes even falling in the trap of thinking they aren’t smart enough to navigate the plain language of laws, rules and regulations.

This isn’t true in most cases, but that is what people are led to believe. Stepping up against politicians, figures of authority, is a huge deal that can paralyze the average citizen. Robert F. Kennedy said in his speech, dubbed, The Ripple of Hope Speech,  “Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring those ripples build a current which can sweep down the mightiest walls of oppression and resistance.”

Kennedy points out 4 dangers to people stepping up to do the right thing. The first is the risk of futility, or being afraid the stance they choose to take, isn’t enough to make a difference alone. The second danger is of expediency, not having an immediate impact that is measurable. The third is the timidity of being cast aside by trusted and respected people in the community, or being a pariah. Finally, the risk of falling into a position of comfort and not wanting to create discomfort in everyday life for themselves or their family.  All of these dangers are valid and reasonable obstacles that prevent 90% of the population to stay quiet in the face of obvious injustice and corruption.

FDLE tried to accomplish this with their response to me. They pointed out “after review” they are not the entity to be contacted, roughly a week after they received my initial email. This hits upon the lack of expediency, while they also assert that after their “review”, which gives the impression someone thoughtfully and attentively read my complaint and carefully crafted an answer. Nothing could be further from the truth because of the obvious fact they did not understand, THE SHERIFF is the issue, not just an employee on his staff. This reflects the futility Kennedy pointed out of being heard, but not making an impact. In reality, I wasn’t heard, so it is not futile to think that a complaint won’t render a positive outcome.

In my case, the final point that is relevant from Kennedy’s speech is pushing my comfort level by referring me to confront the ECSO directly. This is the laughable part because I have vocally and gregariously made statements directly to staff about this. I fail to fall prey to 3 out of 4 dangers in this example, as Kennedy outlined in this one speech over 30 years ago.  My message to everyone reading this is simply to be mindful of the traps of the insanity and wild goose chase that people may inevitably be directed to fall into via lack of analysis of what they are told and inattentiveness of the respondents to the initial contact.

One person can make a difference. I am living proof of this. So my advice is to scrutinize your answers as critically as possible before abandoning the path chosen.  Bureaucracy is red tape outlined to trip those up who are not serious about pursuing the right cause of action, for the right reasons. It says more about them than it does you.

Sheriff Morgan Makes False Accusations Against PBA

Sheriff Morgan,

I feel compelled to respond to your letter to Matt Puckett of the PBA. You accuse the PBA of leaking the letter sent to Lee Tyree, stripping him of his PBA obligations due to Haines’s tyrannical handling of deputies’ rights.

I know you are aware I posted that same letter on Facebook a couple of days ago and did a blog post on my blog, ConjuringJusticeBlog.com, yesterday.

Make no mistake: your administration through a NUMBER of sources leaked that document to me, not anyone in the PBA, although I called PBA first after I heard about it. However, my voicemail to Ianna Durning was not returned. Haines’s attempt to hide the letter in his own IA investigation was a terribly misguided thing to do. Everyone aware of that was appalled and reached out to sources to leak it to me.  You have more people in your administration leaking information than ever before. Why do you think that is? Don’t bother with headhunting in this case. There were so many people who contacted me, you would literally have only the handful of people who did not want this left out. I have more supporters than you do, at least in terms of people you supposedly oversee.

As for airing your ex employees’ dirty laundry, I hope Bain Custer sues you for defamation.  You used county resources to do a DNA test of fluids found in his office to prove he had sex on duty. The problem is, the male DNA found was not Bain’s. Was it another sexual deviant in your admin? That expensive test the taxpayers footed the bill for backfired on you. It only reveals the more serious problems of in your agency with you and Haines turning a blind eye to favored employees while you conduct witch hunts for those you don’t. The favored ones are a smaller group every day.

Your prevarication regarding lawsuits is being observed by many. You were not honest in asserting that all cases were dismissed or abandoned, not settled. Anita Hemphill and Jeff Van Camp settled their lawsuits with you, just to name a few. And the ongoing cases include, Laura Montoya, Philip Nix, Mindy Pare, Adam Narvaez and Tama Barber and hopefully Bain Custer soon. And this is not an all-inclusive list. I believe there are more, but you would have to ask your counsel, who is paid for by the people. They have an accurate count I’m sure.

Your rush to judgment on how the PBA letter got out is not surprising. It is much like your impulsive press conference asserting you don’t remember ever meeting Leah Manning, or your rush to think there was no Billy Boyette was in woods next to the vehicle he left abandoned, when, in fact, he was; that poor decision cost another life. All these poor decisions from the number one law enforcement officer in the county. Is there any wonder the people who call you boss, are reaching out to anyone who will listen asking for intervention?

But to be clear, this is me accepting responsibility for leaking this letter that I RECEIVED FROM YOUR OFFICE. You may want to apologize to the PBA.

Sincerely,

Jimmie Lee Staley,

aka “The Blogger who doesn’t deserve airtime”

 

Chief Deputy Haines Hiding Public Records from Deputies

On 8-13-2019, I received a notice from the Escambia County Sheriff’s Office concerning a public record request made. The request was for a letter prepared by the Florida Police Benevolent Association Inc. The letter details the change in procedure for employees being investigated or disciplined by the ECSO, taking the point of contact person out of the agency and replacing them with a PBA attorney. This is a drastic move but a positive one for deputies, if they know about it. The letter calls out Eric Haines & the IA investigators for multiple complaints of “intimidation and blatant violations of LEO bill of rights”.

PBA LETTER.jpg

The letter is addressed to Lee Tyree. Tyree is the President for the local chapter of PBA. He is the only paid board member for the Northwest Florida PBA. Tyree receives a paycheck that is funded by the members of the PBA. The dues the members pay is to ensure that they are protected from improper employment practices. The members are paying to have their careers protected from corrupt leadership. They pay and trust that Lee Tyree will take the proper steps to protect them if needed. The members should be severely disappointed with what they have received from Tyree, while the PBA asserts his ineffectiveness to do his job as being in fear of retaliation, from people on the inside, the ineptness of Tyree is more about keeping favor with Haines, not avoiding retaliation, which is a different motivation altogether

After receiving this letter Tyree was instructed to hand deliver it to Haines. When Tyree provided Haines a copy of the letter, Haines, for obvious reasons, did not want the letter to be a public record. Honestly it is not a letter that belongs to Haines nor is it his call to determine what is a public record. The letter is addressed to the President of PBA, Lee Tyree. However, if Lee Tyree allows Haines to dictate his actions and tells him it is now part of an ongoing Internal Affairs investigation into Haines. Yes, Haines is overseeing his own IA investigation.  But without any balking, Tyree accepts this direction and without hesitation allows Haines to hide the letter from the PBA membership and public.

Every member of this chapter of the PBA should file a complaint against Tyree with the sender of this letter. Tyree has allowed countless employees to be mistreated and disciplined by Haines, knowing violations of employee rights were occurring.  Tyree even helped assist Haines by talking employees into resigning convincing them there is no other options. Tyree was seldom concerned enough to put up a strong defense for employees being harmed by Haines.

Now that we have seen the letter, we know it doesn’t relate to any investigation. There is not a true reason to refuse a public record request because of confidential status. In fact, it is an informative document advising the President of  this chapter of the PBA that a process that has been in place for over 25 years will change. A process for handling investigations and discipline will change because of improper conduct of “upper management” specifically Eric Haines and Internal Affairs investigators. This was a letter written to Tyree so he could inform the membership that PBA was taking action to protect them.

Unfortunately, but predictably, Tyree went the course of conspiring to hide the letter in a bogus Internal Investigation. Tyree is most concerned with being promoted apparently. He jumped at the chance to please Haines even though he was derelict in the performance of the duties he has been paid to perform as PBA President. He did nothing to inform the membership or post the letter for consumption by the membership. Tyree is the person responsible for protecting employees but instead assisted with committing law violations by concealing a public record. Why?

All PBA members should demand an explanation from Tyree and try to determine exactly how much he has kept hidden from the membership. A review of his conduct should be completed to determine if he should return funds received because of  shirking his required duties. In fact, it appears Tyree was more concerned with personal gain and has provided little service to members of the union. His recent contract negotiation left PBA with a shell of a contract and even less job protection. Seems more appropriate for Haines to be paying Tyree and not the membership of PBA for this service of undercutting deputies’ rights.

As far as Public Record request are concerned this is an old issue with Haines. He routinely makes attempts to delay or avoid Public Records requests. Haines should be held accountable for his conduct with this issue as well as the issues brought up by PBA. The fact that the ECSO would consider avoiding public record laws is a major concern. Why is that? What could they be hiding?
68751610_2972267126124045_390176119321526272_o

Here are a couple of public records requests that have been difficult to obtain. Maybe some of the readers could attempt to obtain some records. If anyone is willing, go to this link  & please find out for yourselves how certain subjects really upset the ECSO leadership. You probably will not be successful, but you will get a first-person view of corruption at work. Here is the standard template. Copy and paste any all of the requests.

 

In Accordance with FSS Ch 119 I request the following record:

  1. Monthly total of off duty fee collected from extra duty employment
  2. Any document indicating deposit, expenditure, or disbursement of funds collected from off duty

 

 

In Accordance with FSS Ch 119 I request the following record:

  1. Any investigation relating to any employee investigated for improper use of SSN
  2. Any employee investigated for committing fraud by stealing identity of a deceased person
  3. Investigation completed by Capt. Ray Briggs on the listed issues.
  4. Any recorded interviews of the subject of the investigation
  5. Crime stoppers tip that notified the ECSO of employee not being a legal citizen

 

In Accordance with FSS Ch 119 I request the following record:

  1. All training records documenting the training Steve Cappas has received concerning evidence handling.
  2. All training Steve Cappas has received making him qualified to examine electronic evidence

In Accordance with FSS Ch 119 I request the following record:

  1. Any internal communications, emails relating to & from David Morgan or any public information officers from 7/9/2009-7/15/2009 (Billings case)
  2. Any internal communication relating to server failure for the above time frame

In Accordance with FSS Ch 119 I request the following record:

  1. All Gulf Coast Crimestoppers payouts for any given year.

In Accordance with FSS Ch 119 I request the following record:

  1. Evidence logs showing chain of custody of all evidence in reference to the Manning case.
  2. All internal correspondence that mentions the name “Jimmie Staley” or “Conjuring Justice”

If anyone gets this information, please share. You will likely be told that the record doesn’t exist or there was never an investigation. Just because they say it doesn’t mean that it is true. A good rule to follow is to verify that the record exists from someone inside the agency. This is my rule of thumb but the powers that be inside the agency haven’t  seemed to figure this out yet.

Cappas’s Involvement in Other Cases

I wrote the following post in 2015. I had been talking to Michelle Clarke for a while prior. Nothing could ever be proven because of Steve Cappas’s involvement. She reported her son missing to this man and months later after no word, she found out no report was ever written. Every other agency she tried to involve referred to Cappas who said the woman was crazy.

Looking back at this just how possible is it that this case happened just as she reported?

“Where’s Gavin?”

An Interview with a Victim of the Corruption in the ECSO

Michelle & Gavin
Michelle & Gavin Clark

“My name is Michelle Clarke. I am the mother of Gavin Jake Clarke. We lived in Hammond, Louisiana. I have been stuck in a waking nightmare for the last 3 years. My son was taken by his biological father, Mike Cancienne Jr. According to Gavin’s paternal grandmother’s current husband (Not Mike Sr.), Gavin was taken by his father. Mike Jr for a trip to Florida but they never returned. This worried us all. Gavin’s grandmother had feared what Mike Sr. did to Gavin on a camping trip.

This scared me because Mike Jr. confided in me that his father had molested him as a boy. My baby communicated to his grandmother and myself that at his very young age of 5, Gavin had been molested by Mike Sr. My worst nightmare was realized. During this time my life started falling apart. It began with a car accident that killed my older daughter which almost killed me and then the subsequent death of my father in Pensacola. Mike Jr, Gavin & I moved to Pensacola to deal with my father’s passing. He had a house in Marcus Pointe. Mike and I started having problems. He began to beat me while he was on “blue ice” (different version of methamphetamine made popular in the series, “Breaking Bad”). He was making it as well. After an interwoven set of circumstances that resulted in Mike Jr. taking Gavin without having absolute custody, I found that Mike Jr. was living in Milton. At some point, they lived in a house across the lake in Marcus Pointe with a deputy Mark Smith (yes that Mark Smith). I called CrimeStoppers. Originally Deputy Walter Thomas called to follow up on my complaints of harassment of Smith and Mike Jr. I discussed the fact that my son was taken and not returned by his father Mike Jr. My complaint was ignored. No one wanted to get involved because this seemed like a non-crime that is way too common and law enforcement don’t want to get involved.

Senior Deputy Mark Smith
Senior Deputy Mark Smith

But the greater concern was that these people were pedophiles. Smith busted into my house and attempted to rape me. When I asked about my son, he said he would “take” him sexually too & just keep him. Another ECSO official, later identified based on a series of pictures I was shown, was Stephen Cappas. He initially was going to record Smith raping me. For some reason, he had a change of heart and talked Smith down off of me. When I called to report Smith again, Cappas followed up and said he would help me. However at that point I hadn’t realized the man on the phone was the man who pulled Smith off of me. A similar event happened later with Deputy Walter Thomas accompanying Smith. They were both high and got scared when they realized I knew their names.

Stephen Cappas
Stephen Cappas

Cappas strung me along for a while. He finally told me he’d investigated Gavin’s whereabouts and he was not missing. How did he know that? Did he know where my son was? He told me I was crazy and that none of my complaints were founded. Finally he stopped answering my calls. So my thought was Smith and Mike Jr. may have him. They had moved closer to the beach. I reached out to a couple of local people. I found out Gavin wasn’t in the DCF system and not in school in Escambia County. He wasn’t in Louisiana with his paternal grandmother.

I now know what a monster Mike Jr was, I immediately knew his roommate Smith must be the same. This entire time I’m trying to investigate where Gavin might be.

Could he have been in that house across the lake? If he was in Florida with his dad and his dad was across the lake from me, surely Gavin is there too. In a constant battle trying to get Smith to tell me where Gavin was, I became aware of Smith’s demons. He was on “ice” too. To give you an understanding of what happens to a person on “blue ice”, here is a description from 7-star-admiral.com as to why someone would want to use meth:

“The number one reason is sex. High levels of serotonin heighten mood and emotional responses- particularly one’s sex drive. It makes one “feel horny” with the result that their sexual inhibitions and limits are seriously curtailed. This, in combination with increased self-confidence and aggressiveness, may lead persons to engage in unprotected sex.”

Another article from Mamasite.com called “Suffer the Children”:

“But methamphetamine is unique among drug of abuse in its sexual effects. Meth causes intense sexual arousal, particularly in men. Pornography is a universal finding in a meth lab. The pre-occupation with sex is pervasive. Children in these homes are exposed to the pornography and inappropriate sexual activity of the adults with each other, but they are also exposed to direct sexual abuse, often violently so…Children of all ages are sexually abused by parents of both sexes, including rape and sodomy. Children are often prostituted to dealers and cooks as payment for meth. They are left alone with people who are likely to sexually abuse them. They are also used to produce child pornography which is a lucrative trade.”

The effects of this drug have a specific behavioral result. That was the side of Smith I saw when he tried to rape me. So without any law enforcement to be able to go to, I am coming to the people of Pensacola. Everyone knows Smith’s pedophilia and sexual misconduct. I was even told that my son was killed being forced to perform oral sex. His neck was broken; Mike Jr. took him to Louisiana and buried my baby in a backyard.  Oh MY GOD!  But the more I thought about it, the more I chose to believe this was just a way of psychologically terrorizing me and to get me to stop looking for my son.

Please if you have any information on Gavin or any way to expose this dangerous and corrupt Sheriff who seems to either not know what’s happening on his watch or he is allowing it. Please, Please stop them before they hurt more kids.

My Baby, Gavin
My Baby, Gavin

Pattern of Evidence Mishandling

Steve Cappas has become the poster boy of what a good investigator doesn’t look like. What is really disturbing is that Cappas is an average Joe in this agency. He is among others just like him.  He is the guy that takes orders well and doesn’t, for a second, question authority.  A dutiful soldier. But in that case, is that what is needed?  Is it ok for someone to break the law if a commanding officer directs them to do so? No it isn’t but most try to assert the Nuremberg Defense,  I was just following orders. I’m sure Cappas will be using that himself. The fact remains, law enforcement officers are supposed to follow laws, procedures & protocol for EVERYONE’S protection, not just their own. Cappas’s deviation from procedure and policy exposes, not only himself, to liability but the agency as well. Not to mention the fact that failing to properly handle/store evidence could affect a person’s liberty and freedom can be taken. That is the most crucial part.

In this case, two deputies rolled the dice on this evidence that was not properly handled and stored; one was able to get away with molesting a child because of it and one was found guilty, in the absence of evidence. That is paradox within itself. But both of their trials will be moot due to the mishandling of evidence. The “what-if’s” will propel criminal and civil cases alike back in front of a judge and jury.  As they should, in this case. Morgan’s crew did whatever they wanted. Procedure is overrated to them. Due process protection is not important to them. The law is of no consequence.

Steve Cappas was worried about me making his sworn testimony free for people to see and to shine a light on randomly applied laws and selective enforcement of policies. His words, though true, are going to be the catalyst for next phase of the ECSO. The paradigm has shifted. Evidence has been lackadaisically handled and destroyed in many cases. Records, in particular, are the biggest casualties of this regime. For example, public records have been destroyed in regards to one unsworn employee specifically. This employee became a citizen in 2011. The problem is this person has been in the US for more than 20+ years illegally. With false papers, this employee went to school, has bought property, married and worked. Because of that, the citizenship granted in 2011 is void, because this person is guilty of fraud, identity theft, larceny by trick. These felonious acts will invalidate citizenship. When this came to Morgan’s attention, he had it investigated and that indeed was the case. What did he do next? Nothing. He didn’t want anything negative to happen to the employee, so he let this criminal slide. That is a violation of his oath and Florida law, as he is aiding this person. Then Morgan wanted the records destroyed.  To date, this person is a well insulated employee at the ECSO. Your tax dollars at work.

Getting back to the evidence. The procedure’s violated by both these case is excerpted in the passage below.

 

High value items/narcotics: Submitting officers/crime scene technicians must separate items including, but not limited to, narcotics, firearms, jewelry, and currency so that it will be submitted separately from all other evidence items and where possible, will be identified with individual defendants or owners.  All high value items will be submitted with NO unnecessary delay.  [CFA 36.01 E]

527.5

Release and Disposal of Property/ Evidence [CFA 36.01 G]

Property or evidence may be released from the Evidence Unit with the authorization of certain individuals under certain conditions.  The Evidence Unit is responsible for ensuring that prior to the release, disposal or destruction of property that such property can be legally possessed by the person to whom it is to be released, and that there are no pending court orders prevent the release, disposal or destruction of the property.

Persons who may authorize the release of property:

  • Submitting officer;
  • An investigator assigned to the case;
  • Officers authorized by the investigator assigned to the case;
  • Supervisor of the submitting officer or Investigator assigned the case;
  • In cases where the submitting officer and/or investigator is no longer employed with the Sheriff’s Office:
  • Operations Division OIC;
  • Investigation Division OIC/AOIC;
  • Investigations Section OIC/AOIC;
  • Forensic Services Section Supervisor;
  • Evidence Unit Supervisor;
  • Chief Deputy; and
  • Sheriff.

 

In cases where the submitting officer and/or investigator was from another agency and is no longer employed with said agency, release may be authorized by the: [CFA 36.01 G]

  • A command level supervisor for the submitting agency (in writing);
  • Forensic Services Supervisor;
  • Evidence Unit Supervisor;
  • Investigation Section OIC/AOIC;
  • Investigations Division OIC/AOIC;
  • Chief Deputy; and
  • Sheriff

 

Property or evidence may be released for the following reasons:

  • Return to the owner;
  • Return to the agent: As in the situation where the victim has been reimbursed by an insurance company and the proper documentation has been filed with the Criminal Records Section by the insurance carrier;
  • Evidence processing, laboratory examination, and/or other investigative purpose;
  • Court presentation, evidence review related to discovery or case preparation, or in compliance with other court order;
  • Disposal of unclaimed evidence, lost or abandoned property; or,
  • Disposal or destruction of contraband property.
  • Disposal through a settlement or Final Order pursuant to Florida’s Contraband Forfeiture Act.

All transfers in the chain of custody will be recorded on ALL evidence cards to include, but not limited to, the following:

  • a) Date and time of transfer; [CFA 35.02 A]
  • b) Receiving person’s name and authority; and [CFA 35.02 B]
  • c) Reason for transfer. [CFA 35.02 C]

 

Each evidence transfer, whether by evidence card, transfer form or other means, will be documented with the following:

  •          Date/time & method of transfer; [CFA 35.02 A]
  •          Receiving person’s name/responsibility; [CFA 35.02 B]
  •          Reason of transfer; [CFA 35.02 C]
  •          Name/location/lab and synopsis of events; [CFA 35.02 D]
  •          Date/time received in lab; and [CFA 35.02 E]
  •          Name/signature of person in lab receiving the evidence. [CFA 35.02 F]

 

If any of these things had happened, we would not be talking about either case now. But we are and some criminals go unpunished . How do I know that evidence has been destroyed? The employee mentioned above is still in this country and still employed by Morgan. If the evidence of this employee’s citizenship were properly handled, this would be an empty seat in his office.  However, the employee is there and that is proof that documented crimes and evidence has been destroyed.

The Biggest Threat to ECSO is the Actions of Deputies/Sheriff

Apparently, in the wake of my last few blog posts, Steve Cappas has been trying to figure out a way to sue me to get his transcript excerpts taken down. I find this so amusing because this man has committed numerous felonies against so many people, depriving them of their constitutional right to due process, and I am his concern. Cappas should be concerned about Joe Zarzaur’s next move or perhaps the real likelihood of prosecution or maybe the number of cases he has handled that may be overturned in light of his participation and questionable evidence handling.

In researching the duties Cappas should have upheld, according to FDLE, I found this (My apologies for the blurry quality. Please see the link for a clearer view):

Plainly, as simple as the rules appears to be, Cappas had difficulty following them .He stripped constitutional rights from individuals on a whim. He allowed evidence to be exposed to tampering threats and possibly lost that could be exculpatory to individuals currently incarcerated or that could have put more people who broke the law behind bars, justifiably.

In true fashion of the ECSO, there has been no response or change in policy regarding the shocking evidence handling procedures, Cappas has adopted. The agency staff members have been busy overseeing back to back investigations on one officer as well as preparing admin for the numerous jury trials against them in the near future.

One of the claims being investigated is that an officer used profanity. The recommended punishment is termination. The supporting evidence includes a statement given by Capt. Hall. She is also on leave for misconduct involving dishonesty. However, her statement getting an employee fired was taken as truthful, but she will likely suffer adverse employment action for being dishonest.

Another investigation into Facebook posts or gossip including derogatory remark about David Morgan has recently been completed. The employee suffered serious penalty as well. There was no law violation. There was no indecent behavior. Never tampered with evidence. Never destroyed evidence to avoid detection of a crime. This employee insulted David Morgan unknowingly and will suffer serious consequence.

In accordance to status quo, the idea that Cappas being untruthful would catch the attention of ECSO staff members is a fallacy. However, it seems like if officers can be terminated for using profanity when upset, there is no doubt admin would expeditiously handle the admitted criminal behavior of Cappas. But sadly, that assumption would be wrong. Cappas is a follower. He is willing to evade lawful conduct and hide behind the fact he is following orders. He should know he isn’t excused for improper behavior because his superiors don’t choose to follow law. Yet I am sure I will be the scapegoat if Cappas is, in fact, arrested for criminal activity.

Cappas should seek advice on how best to avoid that inevitable outcome because currently, he is a fall guy for improper/criminal acts in the Manning case. He may be satisfied with being sacrificed. If he is sacrificed and loses his freedom and/or job, he can at least celebrate not having to explain how one person could be so spineless and blindly follow orders that are contrary to procedure and law, affecting anyone’s freedom . His conduct should be addressed immediately by the ECSO Administration and he should be investigated while on leave just as all other employees when an investigation begins that is serious in nature like offending David Morgan. However, offending, Sir David is far more serious in the eyes of this administration than wrongfully, criminally mishandling cases. This is your Escambia County Sheriff’s Office.