Investigative Summary
FDLE Case # CL-14-0001
Tarpon Springs Police Department
Sergeant Michael Trill et al.
Florida Department of
Law Enforcement
Clearwater Field Office
SA Sharon L. Feola
FDLE Investigative Summary
Operation Songbird CL-14-0001
In December of 2002, the Flor ida Department of Law E nforcement, Clearwater Field Office
commenced an inquiry into allegatio ns of misc onduct and criminal activity involving sworn law
enforcement officers employed by the City of Tarpon Springs, Florida, Police Department.
The initial complaint came to the Florida Department of Law Enforcement (FDL E), Office of
Executive Investigations from the Office of St ate Representative Gus Bilirakis. The information
was referred to the FDLE Clearwat er Field Office after an assessment by FDLE command staff
determined that the allegations warranted further inquiry.
Various types of po lice misconduct were alle ged, to in clude perjury, illega l sear ch/seizure,
planting of evidence an d the unlaw ful use o f f orce, primarily involving Tarpon Spr ings Police
Department (TSPD) Sgt. Michael Trill and former TSPD Officer Romando Black.
The following investigative techniques were utilized by the FDLE during the course of this
inquiry:
Investigative interview(s) with alleged victim and witnesses
Assessment of the credibility and truthfulness of verbal and written statements
Interviews of former TSPD employees
Documentation of incoming intelligence, “tips” and complaints
Collection and review of supporting documentation
Undercover & Surveillance Operations
Examination of TSPD Internal Documentation and Criminal Offense Reports
Review and examination of TSPD personnel records and other employment records
Examination of Circuit Court Records and other court documentation
Examination of State Attorney files and records
Service of United States District Court Grand Jury Subpoena for documents
Service of United Stated District Court Grand Jury Subpoena for testimony
Historically, it is important to note that complaints of misconduct co ncerning off icers of th e
Tarpon Springs Police Department (TSPD) ha ve been re ceived by l ocal, state and federal
agencies for more than a decade, to include a State Grand Jury occurring in 1987. Some of the
past allegations were th e subject of criminal inv estigations while others were not. The instant
investigation, Operation Songbird, did not relate to information docu mented in earlier FDLE
intelligence case files, investigative summaries or criminal investigations.
In summary, historical FDLE records and case files revealed the following information:
FDLE Intelligence file CL-94-48-1852, serial 11, dated June 6, 1994, implicated Det. James
“Bookie” Campbell and Officer Romando “BAM” (Bad Ass Mother Fucker) Black i n illegal dru g
activity and continuing a ssociations with know n drug dealer s operating within the city limits of
Tarpon Springs, Florida.
FDLE Intelligence file CL-95-48-1852, serials 8-10, dated June 26, 199 5, involved allegations
made by a former TSPD patrol officer that O fficer Roman do Black was involved in narcotics
activity, had a gambling problem and associated with known drug dealers.
09/30/2005 2
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
FDLE Operational Case CL-18-0003, dated July 19, 199 6, was a long term join t investigation
coined “Operation Tarnished Sponge” conducted by the Drug Enfo rcement Ag ency (DEA),
Pinellas County Sheriff’s Office (PCSO) and FDLE. This investigatio n was initiated to target
known drug traffickers operating within the City limits of Tarpon Springs, Florida . During
debriefings of suspecte d drug offenders unsolicited information was p rovided that implicate d
TSPD Officer Romand o Black an d Officer Ja mes Camp bell in coca ine traffickin g, marijuana
use, gambling, associat ion with, an d protection of known drug dealer s operating in Tarpon
Springs, Flo rida. Interviews and de briefings of confidential sources bro ught forth u nsolicited
intelligence from nine (9) unrelated individuals that Black a nd Campbell were involved in the
aforementioned activities. The investigation r esulted in nineteen (19) federal indictments of
Pinellas Co unty drug distributors; however, in formation gleaned regarding the all eged illega l
activities of Black and Campbell did not rise to t he level necessary for criminal prose cution. On
November 12, 1997, FDLE SAS Cynthia Sanz and Pinellas County Sheriff’s Office Captain Gary
Billing personally met with TSPD Chief Mark LeCouris to discuss the investigation. A nine page
investigative summary o f the Tarnished Sponge Investigation was provided to Chie f LeCouris
for review.
FDLE Investigative Assistance f ile CL-73-0218, serial 1-4, dated Janu ary 12, 2001, contained
information provided to FDLE by Reverend James Warren, a citizen of Tarpon Springs, Florida.
Reverend Warren alle ges he ha s been involved in an on going disput e with TSPD Chief Mark
LeCouris and indicated he had information alleging Sgt. Michael Trill a nd Romando Black were
involved in illegal a ctivity. None of the information provided by Warren could be substantiated
or corroborated by independent sources.
FDLE Intelligence file CL-48-0220, dated Nove mber 6, 2001, relates to information provided by
a witness, Aaron Hardy, who came t o the FDLE Clearwater Field Office alleging Hardy was an
eye witness to an incid ent involving suspect William Anderson. Anderson alleg edly solicite d
crack cocaine from off-duty TSPD Officer Romando Black, and the subsequent attempted arrest
of Anderson resulted in the death of William Anderson. Hardy provide d information via direct
testimony that was in conflict with the initial TSPD investigation regardin g the death of William
Anderson. All information developed as the r esult of Har dy’s interview was forwarded to th e
Office of the State Attorney, Sixth Judicial Circuit for review.
FDLE Intelligence file CL-48-0329, dated December 13, 2002, contain s information originating
from the Office of State Representative Gu s Biliraki s and cul minated into the insta nt
investigation regarding the TSPD. An aide of R epresentative Bilirakis provided information that
Sgt. Michael Trill and other TSPD officers were involved in improper and illegal activity while in
the performance of their duties a s a Certified Police Officer with the City of Tarpon Springs,
Florida. Investigative in terviews conducted pur suant to this intelligence case wer e transferred
into FDLE operational case CL-14-0001.
FDLE Operational case CL-14-0001, Operation Songbird, was officially opened o n March 27,
2003, after review by F DLE Co mmand Staff. This investigation was initiated pursuant to the
receipt of numerous citizen complaints reg arding allege d criminal misconduct by officers
employed by the TSPD. Complaints included making false statements on official police reports,
perjury, “graft”, “shake downs”, excessive forc e, planting evidence and sexual battery. On
August 1, 2 003, FDLE Tampa Bay Regional Operations Center, (TBROC) Command Staf f
Special Agent in Charge, (SAC) La nce Newma n, Assistant Special Agent in Charge (ASAC)
Moses Jordan and Special Agent Supervisor (SAS) Troy W alker met with Chief LeCouris and
informed him of the existence of the current investigation. Chief LeCouris was a lso apprised of
the allegations made about Sgt. Michael Trill and the focus of the FDLE inquiry.
09/30/2005 3
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
ELIAS DIAZ
Allegations of unlawful search and seizure, fabrication of evidence, falsifying official
statements and perjury.
On July 28, 1997, TSPD Officer Michael T rill and Officer James Campbell a llegedly
observed Elias Diaz, H/M, 6/26/1953 engaged in a hand to hand crack cocaine transaction
with a unknown black male at the Tarpon Woods Apartme nt Complex, 715 E. Lime Street,
Tarpon Springs, Florida. TSPD Officer Campbell reported in an official TSPD offense report
that Diaz had an “off-white subst ance partially cupped in his left hand.” When Office r
Campbell approached Diaz, a short foot pur suit took place resulting in Diaz being forced to
the ground and "knee-spiked" several times in the ribs by a ssisting Officer Michael Trill. A
back-up Officer who was on-scen e observed O fficer Trill on top of the suspe ct, “knee-
spiking” Diaz in the ribs. Later, the back-up officer overheard Trill a nd Campbell fabricating
a statement (defendant placed the suspected substance in his mouth) to justify the detention
of and force used on Diaz. The discussion was regardin g the facts that no cocaine was
found on Diaz and no p hysical evidence existed to justify t he detention and subsequent use
of force. Officer Campbell’s off icial TSPD offense report stated that Cambell observed Diaz
place the d rugs (crack cocaine) in his mout h.1 Diaz w as arrested and charg ed with
Tampering with Evidence by Officer Campbell and booke d into the Pinellas Co unty Jail.
The Office of the State Attorney dropped the charges, stat ing that the re was “insufficien t
corroboration evidence to prove that the defend ant had cocaine in his possession.”2 The
victim, Elias Diaz is deceased and was unable to be interviewed. Additionally, the Use of
Force report authored b y Officer Michael Trill contains stat ements that the use of force was
the result of “unintentional contact (knee) with Diaz right side.3
TONY LEE SHELL
Allegations of unlawful search and seizure, fabrication of evidence, falsifying official
statements and perjury.
On September 19, 19 97, TSPD Officer Mic hael Trill and Officer James Campbell
arrested Tony Lee Shell, W/M, 9/19 /1946, charging Shell with Posse ssion of Cocaine. On
the aforementioned dat e, Mr. Shell , with hand s in h is fro nt pant pockets, was e xiting an
establishment known a s Charlie’s Lounge located within the city limits of Tarpon Springs,
Florida. TSPD Officers Campbell and Trill were in the parking lot of the establishment
investigating an unrelat ed criminal matter and had deta ined two ot her male subjects
reportedly engaged in a cocaine tra nsaction. As Mr. Shell exited the lounge, he observed
the two male subjects sitting on the curb, handcuffed. Shell testifie d that Officer Trill walked
up behind Shell and forcefully removed Mr. Shell 's hands fro m his pockets, at which time a
container with cocaine f ell out. Shell does not deny being in possession of the cocaine. In
the official police report and under oath, Officer Trill testif ied that Trill allegedly observed Mr.
Shell attempt to get rid of the coca ine by tossing it on the ground. 4 Mr. Shell stat es that
Trill’s statement is not true believing the statement was fabricated to justify and/or “cover-up”
the illegal search and seizure. A Motion to Suppress the evidence seized was granted by a
1
TSPD Offense Incident report 97-02630
2
State Attorney’s Office letter of No File Re: CRC97-13576CFANO-C
3
TSPD Use of Force Report 97-02630 authored and signed by Officer Michael Trill.
4
TSPD Offense Incident report 97-03253 authored by Officer Michael Trill
09/30/2005 4
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Circuit Judge, indicating that the re “is a la ck of evid ence and conflict ing testimony
concerning the circumstances of th e encounter. The police had no probable cause to stop
the defenda nt. Therefo re any detention of the defendant was illegal.” 5 Officer Campbell
testified that he did not recall the in cident and therefore could not corroborate any of the
statements made by Trill or Shell.6
LAURA LEE OSMUNDSEN
Allegations of unlawful search and seizure, fabrication of evidence, falsifying official
statements and perjury.
On October 29, 1998, Laura Lee Osmundsen, W/F, 5/5/1962 was arrested by Officer
Michael Tri ll and Officer Romando Black for Possession of Cocaine and Posse ssion of
Drug Parap hernalia. On the afo rementioned date at a pproximately 10:00 p. m., Ms.
Osmundsen parked h er vehicle in front of a d ocumented drug dealer’s home in Tarpon
Springs, Florida. After knocking on t he front door and discovering that no one was home at
the residence, Osmundsen turned to leave. As Osmundsen was walkin g across th e front
lawn, she was confront ed by Officer Trill who was dresse d in a black TSPD utility uniform
and wearing black leat her gloves. Trill stopped her on the front l awn and q uestioned
Osmundsen about her relationship with the resident owner. Officer Trill then “req uested”
Osmundsen to step down to the curb to be que stioned further. Os mundsen testified during
a Motion to Suppress hearing that she denied Officer Trill’s request for a voluntary search of
her purse; however, Officer Tril l “ dumped” her purse on the trunk of her car an d found
cocaine pa raphernalia. Officer Trill’s repor t indica tes that he asked Osmundsen’s
permission to search t he purse and was granted same. Ms. Osmundsen advised that
Officer Trill was not truthful in his st atement and that his off icial police report was fabricated
to justify his illega l actions and un lawful search. A Motion t o Suppress was granted by the
Circuit Cour t Judge indicating, “The search of t he defenda nt’s po ckets, purse a nd vehicle
were not proper.” 7 Osmundsen stat ed that she complained of the illegal arrest to th e Office
of the Public Defender and felt vindicated when the charges were dropped.
PATRICK BARNES
Allegations of unlawful search and seizure, fabrication of evidence, falsifying official
statements, perjury and excessive use of force.
On Ma y 10 , 1999, Officer Michae l Trill and Officer Ro mando Black stopped Patrick
Barnes, W/M, 6/15/1970, who was walking down a public roadway, f or a “citizen contact.”
During the “contact”, Officer Trill req uested that Barnes remove his hands from inside his
pant pocket s. As Barnes was removing his hands from his pocket s, Trill stated that he
personally observed Barnes with crack cocaine i n his right hand. Trill all eged that he saw a
piece of cocaine in between the fingers of Barnes’ hand. When Officer Trill asked a bout the
cocaine, Barnes allege dly turned t o flee and was subseq uently tackled by Officer Trill.
While turning to flee, Tr ill accused Barnes of ingesting the crack cocaine. After Barnes was
apprehended, Officer T rill swiped his gloved hand across Barnes mouth and detected
5
Order on Motion to Suppress, July 20, 1999 Honorable Lauren C. Laughlin
6
SAO Dismissal Memo directed to ASA Mark McGarry dated July 22, 1999
7
Order on Motion to Suppress, April 15, 1999, Honorable R. Timothy Peters
09/30/2005 5
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
“crumbs” of suspected crack cocaine in Barnes’ saliva located on the leather glove. A
presumptive test conducted on the saliva located on the leather glove was allegedly positive
for the presence of crack cocaine. 8 Barnes was charged with Tampering with Eviden ce and
Resisting Ar rest without Violence a nd booked into the Pin ellas Count y Jail. The leather
glove was sent to a forensic laboratory for scientific examination; however, the res ults came
back negative for the presence of a controlled substance. 9 The case was nolle-pro ssed by
the Office of the State Attorney bef ore a Motio n to Suppre ss was heard. Patrick Barnes
testified and categorically denied be ing in possession of cocaine at the time of th e stop.
Additionally, the depositions of Off icer Romando Black a nd Officer Michael Trill reflect
differing statements by both officers and conflict with information presented as fact by Officer
Black at the initial State Attorney investigation conduct ed by the Office of the State
Attorney.10 Officer Black testified in deposition that he did not see what was in Barnes’
hand. At th e SAO inve stigation and under oat h, Black testified, “ They (Trill and Black) saw
a rock-like substance in the defendant’s hand.”11
RANDY MITCHELL
Allegations of illegal search and seizure, perjury, falsifying official statements and
unlawful use of force.
On August 7, 2000, Randy Mitchell, W/M, 0 8/15/1957, was arrested and charged with
Tampering with Physical Evidence and Possession of Cocaine after being stopped for a civil
infraction (speeding) by Sgt. Michael Trill and Officer Romando Black. Mitchell testified
that, on the incident dat e, Mitchell just left a frie nd’s home near the Mart in Luther King area
of Tarpon Springs en ro ute to the Eagle’s Nest Lounge located on Alternate Highway U.S.
19. Mitchell stated that he became aware that TSPD Offi cers Trill an d Black, who were
personally known to him from a prior drug arr est, were fo llowing him after observing the
officers in his rear view mirror. As Mitchell pulled into the parking lot of Eagle’s Nest Lounge
and upon opening the driver’s door to exit his vehicle, the officers act ivated their overhead
lights, apparently conducting a traf fic stop. During the time of the stop, Mitchell states that
Sgt. Trill conducted a v oluntary search of h is pockets; however, nothing illega l was found.
Mitchell reported to FDLE that, without provocation, his mou th was then forcibly opened and
his tongue scraped wit h his driver’s licen se by Officer Trill who was attempting to obtain
evidence of crack coca ine,12 a pre sumptive test of Mitchell’s saliva test ed positive f or the
presence of cocaine . Mitchell wa s arrested and charge d with Possession or Cocaine.
Mitchell sta ted that th e charges were fabricated and the “post Miranda” stat ements
contained in the police report were not accurate. Mitchell accuses officers of lying while
under oath and fabricating the allegations made against him. Further, Mitchell categorically
denies being in possession of cocaine. The ca se was not prosecuted after a Circuit Cour t
judge granted a Motion to Suppress the evidence. Thus, Mitchell was not prosecuted. 13 It
should be noted that the Office the State Attorney indicated that an a ppeal regarding the
Order on Motion to Suppress would not be considered due to the fact that Mitchell’s defense
cited Smith v. State (2DCA 2000), another similar case inv olving TSPD Officer Trill. The
8
TSPD Offense Incident report 99-0804
9
Pinellas County Forensic Laboratory report, April 8, 1999, Number 991191
10
Deposition of Officer Romando Black and Michael Trill dated June 9, 1999
11
SAO Nolle Prosequi memo by ASA Mark Hamilton to ASA Bill Loughery CRC9904643
12
TSPD Offense Report 2000-2849 authored by Officer Romando Black
13
Order on Motion to Suppress, Honorable John A. Schaefer, March 28, 2001
09/30/2005 6
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
State Attorney’s memorandum states, “Apparently, the court did not believe the officer’s
testimony given the similar facts in Smith.” 14 Mitchell stated that he immediately complained
to the Office of the Publi c Defender, but did not complain a fo rmal complaint with the TSPD
as, “They all stick together down there.”
JOHNEL JONES
Allegations of illegal search and seizure and falsifying official statements.
On March 13, 2001, Johnel Jon es, B/M, 0 5/22/1977, was arrested and charged with
misdemeanor Possession of Marijuana after being detained by Sgt. Michael Trill and
Officer Eric Barcelo. J ones reported to FDLE Agents that he was sitting in a car, playing
video games with some friends at Harrison Park in Tarpon S prings. Jones saw the police in
the area, circling the parking lot, so he exited his friend’s vehicle and began walking toward
his own vehicle to leave the park. While walking to his vehicle Officer Eric Barcelo stopped
Jones and immediately began sea rching him, alleging th at Officer Barcelo smelt burnt
marijuana emanating from within the vehicle in w hich Jones had been sitting. Jones alleged
that Officer Barcelo, while condu cting the se arch, ultima tely caused him to remove his
clothing. Jo nes alleges that, at one point, his naked body was openly exposed for public
observation. After Jon es removed his shoes, Officer Barcelo found a small ba ggie o f
marijuana in Jones’ so ck. A Motion to Supp ress was filed by the Office of th e Public
Defender; however, TSPD Officer Barcelo faile d to appear at this hear ing. Trill testified on
Barcelo’s behalf; however, the Motion to Suppress was granted.15
JACQUELINE MOORE
Allegations of battery, falsifying official statements and unlawful use of force.
On June 4, 2001, Sgt. Michael T rill and Offi cer Roman do Black a rrested and charged
Jacqueline Moore, W/F , 12/08/1954, with two counts of Battery on a Law Enfo rcement
Officer after responding to a dome stic disturba nce at the home of a f riend. Moore was
extremely intoxicated when the police arrived; however, she alleges that Officer Michael Trill
and Romando Black used unnecessary and e xcessive force in dealing with her. 16 Moore
complained to FDLE that Officers Trill and Black verbally abused her, failed to follow correct
domestic violence procedure and battered her. Further, Moore alleges that, owing to the
fact she ha d complained to FDLE (October 2 001), she was subseq uently targeted and
harassed b y the TSPD. It should be noted that, on October 22, 2001, FDLE Agent s
interviewed Moore regarding her alle gations concerning Sgt. Trill and Of ficer Black ( CL-48-
0214).17 Pursuant to the fact that Moore’s allegations could not be substantiated and did not
appear to be criminal in nature, the information/complaint was referred to TSPD Captain
Robert Kochen for furth er inquiry. On October 31, 2001, a memorandum authored by Sgt.
Michael Trill to TSPD Captain Robe rt Kochen d ocumented previous co ntact Sgt. T rill ha d
with Jacque line Moore and another citizen iden tified as Bre nda Bailie. The memorandum
indicated th at Sgt. Trill authored t he document because he was co ncerned ab out “their
14
SAO Appeal Memorandum by ASA Quinn Johnson to ASA Bill Loughery CRC00-13557CFANO
15
Order on Motion to Suppress, Honorable Thomas Freeman, July 27, 2001
16
TSPD Offense Incident Report 2001-1696
17
FDLE Intelligence Report CL-48-0214 dated October 17, 2001
09/30/2005 7
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
perception of reality, mental state and any allegations they may make.”18 Do cuments
indicate that Moore’s co mplaint was forwarded t o Captain K ochen several days prior to the
date of Trill’ s TSPD memorandum. Jacqueline Moore reported that a TSPD fe male officer
contacted her about her allegations to FDLE, but Moore refused to speak with TSPD for fear
of retaliation. It is important to note that Jacqueline Moore d oes, in fact, suffer from mental
difficulties.
BENJAMIN GRAND
Allegations of battery, falsifying official statements, unlawful use of force, ongoing
harassament and unlawful search and seizure.
On June 7, 2001, Sgt. Michael Trill, Officer Abe Carmack and Officer William Harding
arrested and charged Benjamin Grand, W /M, 09/26/1 959, with Battery on a Law
Enforcement Officer, Resisting Arrest with Violence and Possession of Marijuana
(misdemeanor) after being stopped by Officer Carmack while riding his bicycle. Grand was
stopped, as it was believed Grand was involved in an aggra vated assault that had o ccurred
earlier in th e evening. Grand was questioned about the contents of a Crown Royal bag,
which Grand had tied to the waistband of his shorts. Grand advised Officer Carmack that he
had a “walkman” inside the bag as the cord to the earphones was extending out from inside
the bag. A fight ensue d when Gra nd refused to turn the bag over to Officer Carmack.
Officers Trill and Harding arrived, and, accordin g to Grand, Grand was thrown to the ground
and Trill p laced his g un to Grand ’s head while stepping on his che st. Grand alleges that
Carmack kicked h im in the groin, and Hardin g hit h im with a nigh tstick. Grand was later
transported to Helen Ellis Hospital a nd was treated and released prior to being transported
to the Pinellas County J ail. Grand alleges that he was the victim of excessive force and
battery, indicating that Sgt. Trill “had it in for him.” Of in terest, the official TSPD offense
report authored by Officer Abe Carmack did not indicate t hat Sgt. Trill was present during
Grand’s arrest. 19 Nor is Sgt. Trill reported to have been present in the TSPD Use of Force
Report authored by Off icer William Harding. 20 However, th e original T SPD Aggra vated
Assault incident report authored by Officer John Kalimnios, which was closed as unfounded,
indicated th at Officer Harding and Sgt. Trill responded to Ofc. Carmack’s lo cation after
Carmack radioed for assistance with the search of Benjamin Grand.21
18
TSPD Internal Memorandum dated October 31, 2001 authored by Michael Trill. Re: Jacqueline Moore
19
TSPD Offense Incident Report 2001-1726 supplemental report authored by Officer Abe Carmack
20
TSPD Use of Force Report authored by Officer William Harding and approved by Sgt. Michael Trill
21
TSPD Offense Incident Report 2001-1726 authored by Officer John Kalimnios
09/30/2005 8
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
SCOTT MONROE
Allegations of planting evidence, falsifying official statements and perjury.
On No vember 23, 2001, Scott Mon roe, W/M, 7/27/1970 was arrested and charged with
possession of crack cocaine by Sgt. Michael Trill and Officer Charles Kondek after being
stopped for an alleged civil infraction (running a stop sign ) while traveling in his mother’s
vehicle within the City limits of Ta rpon Springs. Monroe testified t o FDLE Age nts that
Monroe believes TSPD Sgt. Micha el Trill plan ted a ring size baggie containing cocaine
residue on the floorboard of his vehicle while sp eaking to TSPD Officer Kondek. 22 Monroe
alleges that Trill had prior knowledge of Monroe’s drug prob lem as Monroe was arrested by
Sgt. Trill and Officer Clyde Thornton for attempti ng to purchase crack cocaine on October of
2001.23 Durin g the Octob er arrest, M onroe state s that he was told by Sgt. Trill, “n ever to
come back to the neighborhood.” During the November 2 001 incident Monroe stated that
while talking to the officer (Kondek) who stopped him for the traffic violation, Sgt. Trill arrived
and charged up to him stating, "I told you never to co me back to this neigh borhood."
Monroe stated that he observed Sgt. Trill walk up to his vehicle, loo k inside the driver’s
window and shortly thereafter, another TSPD officer allegedly found drug paraphernalia (a
ring size b aggie with crack re sidue). Altho ugh Monroe admits to attempting to obta in
cocaine during the October 2001 episode, Monr oe categorically denies being in possessio n
of cocaine or having paraphernalia inside hi s vehicle on Nove mber 12, 2001. Monroe
insistently reported his denial and alleged planting of evidence to the TSPD officers at the
scene a s w ell as a Pu blic Defend er investiga tor who inte rviewed him on November 26,
2001, immediately after his arre st.24 Further, Monroe state d that after he got out o f jail h e
contacted th e TSPD ab out his alleg ations and spoke with an unidentified person who told
him “there was nothing” that the PD could do about the allegations.
22
TSPD Offense Incident Report 2001-3369 authored by Officer Charles Kondek
23
TSPD Offense Incident Report 2001-2994 authored by Officer Clyde Thornton
24
Memorandum of OPD Intake Investigator Brian Phiscator interview conducted on November 26, 2001
09/30/2005 9
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
JERRY TAYLOR
Allegations of theft, falsifying official statements, battery and conspiracy.
On July 8, 2002 Jerry Taylor, B/M, 12/28/1978 was arrested and charged with misdemeanor
possession of marijuana after being stopped by Officer George Parrish, Officer Romando
Black, Officer Derek Anderson and Sgt. Michael Trill. On July 8, 2002, Officer Black and
Officer Parrish, riding a s a one-man unit, cond ucted a traffic stop on a vehicle driven b y
Jerry Taylor, B/M, 12/28/1978. TSPD Office rs allegedly smelled burnt marijuana emanating
from the ve hicle, after conducting a traffic stop a search of Jerry Taylor revealed a small
amount of marijuana, which was located in T aylor’s pants pocket. T aylor was arrested and
booked into the Pinella s County Jail for a mi sdemeanor amount of marijuana. Taylor's
vehicle was inventoried by me mbers of the TSPD prior t o being towed from the scene .
During the inventory of his vehicle, Taylor alleged that me mbers of the TSPD unl awfully
removed $2 51.00 from his trunk. Upon bonding from the Pinellas County Jail, 25 Aisha
Carney-Taylor (Taylor’s sister) and Jerry Tay lor responde d to the vehicle impou nd lot to
regain cust ody of Ta ylor’s vehicle. The U.S currency that Taylor alleged was inside the
vehicle was not locate d. Immediately after taking posse ssion of Ta ylor’s vehicle, Aisha
Carney and Jerry Taylo r responded to the TSPD to inquire about the location of T aylor’s
money. Carney reported to FDLE that, on Ju ly 8, 2002, the y traveled to the TSPD and met
with Sgt. T rill about the missing money. Carney reported that Sg t. Trill ignor ed their
complaint, telling Taylor there was no mone y l ocated insid e the vehicle. Carne y further
reported that Sgt. Trill was verbally abusive and almost physically removed the m (Carne y
and Taylor) from the lobby of the Police Depart ment. Aisha Carney re ported that, owing to
previous abusive encounters with the TSPD, she imme diately calle d TSPD Chief Mark
LeCouris about the missing money. Carney told FDLE that, the next da y, Aisha an d Jerry
Taylor received a call (July 9, 2002) from Sgt. Trill indica ting that the money h ad been
located and had been unintentionally taken ho me by TSPD Officer Parrish, the primary
arresting off icer. The currency, $251.00, was subsequently returned t o Jerry Tayl or after
being returned to the TSPD by George Parrish on July 9, 2002.26
As the result of further inquiry conducted by F DLE into Ta ylor/Carney’s allegation s, TSPD
offense incident report 2002-2292 was reviewed. The off ense report indicated th at TSPD
had seized t wo hundred and fifty on e dollars ($251.00) in U.S. curren cy for “safe keeping”
during the a rrest of Jerr y Taylor. The last line in the narrat ive section of the offen se report
reads, “Taylor also had $251.00 in U.S. currency which was placed into propert y for safe
keeping.”26 The officia l TSPD offe nse report or any othe r official re port concer ning this
incident does not document if the currency was taken from Taylor’s person or located during
a search/in ventory of his veh icle. Further, a TSPD Property/Evidence Rep ort was
completed, submitted and signed b y Officer G. Parrish documenting that $251.00 in U.S.
currency was submitted into the Evidence/Prop erty room o f TSPD on 07/08/2002 at 0400
hours.27 The report shows that “Ma x Sanchez” received the property (c urrency) on July 9,
2002 from Bin L-52. However, the ti me the property was received by Sanchez as well a s
the “receive d in person/ removed from locker” s ection was not com pleted. A copy of th e
TSPD vehicle impound/inventory re cord r egarding Taylor’s impounded vehicle was also
obtained, and no item of U.S. currency was d ocumented as being removed fro m Taylor’s
25
Pinellas County Jail Inmate Movement Locator, Taylor released on bond 07/08/2002 @1405 hours
26
TSPD Offense Incident Report 2002-2292 authored by Officer George “Dan” Parrish
27
TSPD Property/Evidence Report for 2002-2292 completed 07/08/2002 @0400 hours
09/30/2005 10
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
vehicle.28 T SPD property receipt in dicated that Jerry Taylor signed f or the retur n of the
currency on July 9, 2002 at 11:45 A.M. 29 TSPD documents a re consistent with statements
made by Carney/Taylor.
During an investigative interview of former TSPD Officer George “Dan” Parrish conducted by
FDLE Special Agents, Parrish admitted that he took Taylor ’s money ($251.00) ho me with
him, and later found this money in th e cargo pocket of his uniform pants. When Parrish was
asked about statements made in th e official police report that “Taylor also had $251.00 in
U.S. currency which was placed into property for safe ke eping.” Parrish admitted that this
statement was added to the report after the report was written and th at this addit ion was
made at the direction of Sgt. Michael Trill. Fu rther, FDLE agents req uested that Parrish
review the official TSPD Property Supplemental Report (p age 3 of 4) authored by Parrish;
Parrish stated that the Section containing the currency submission was completed after the
money was returned to Taylor and the propert y “status” section of the report ha d been
changed with white o ut. Additio nally, a ph otocopy of the TSPD Property/Evidence
Submission Report was presented t o Dan Parrish. Parrish advised that this form was also
completed after the money was returned and not on the incident date, a s documented on
the report. Parrish sta ted that he completed/changed the se forms at the direct ion of his
immediate supervisor, Sgt. Michael Trill. Lastly, the TSPD offense report of Taylor’s arrest
was approved and signed, but not dated, by TSPD Sgt. Michael Trill. 30
Parrish verified that he personally completed the vehicle inventory/i mpound form at th e
scene of the arrest and while oth er items of value were listed on the impound f orm; the
currency was not. Parrish never ind icated to FDLE Agents where the currency was actually
removed.
At the request of FDLE a search of TSPD intern al records was conducted by TSPD Captain
Robert Kochen. Officer George “Dan” Parrish internal file revealed that no additional reports
or memora ndums were authored regarding th is in cident. Further, n o internal r eview or
inquiry was completed or initiated by anyone with the TSPD.
On June 1, 2005, a follow-up interview was s cheduled with former T SPD Officer George
Parrish at the Office of the United States Attorney; Parrish failed to show for the interview.
28
TSPD Vehicle Impound form completed by Officer George Parrish 07/08/2002 @0300 hours
29
Receipt for the return of money to Jerry Taylor, dated July 9, 2002 at 1145 hours
30
TSPD Offense Incident Report 2002-2292 authored by Officer George “Dan” Parrish
09/30/2005 11
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
DANETTE HIRR
Allegations of planting evidence, falsifying official statements, perjury and ongoing
harassment.
On August 20, 2002, at approximately 9:25 pm Danette Hir r, W/F, 06/27/1961 was arrested
and charged with Possession of Crack Cocain e by Sgt. Michael Trill and Officer C lyde
Thornton after being stopped by Sgt. Trill for a traffic violation, illegal window tint. Earlier in
the evening of August 20, 2002, at approximate ly 8:09 pm, Hirr was pulled over for a traffic
infraction by members of the TSPD for “no head lights at dusk” and was warned by Sgt. Trill
that Hirr would be cited if she continued to drive within the City Limits of Tarpon Springs with
“illegal window tinting”. During the initial sto p, Hirr’s vehicle was searched by Sgt. Trill and
Officer Thornton, as well as, a TSPD K-9 drug detection dog. No contraband or illegal items
were located nor did t he detectio n dog alert for the presence of a controlled substance
within the vehicle. On this same date at app roximately 9:00 pm, Hirr and the vehicle
passenger, Dyann Bowen went to a local Tarp on tavern called “T-Flys”. Hirr wa s given
$50.00 by an unidentified male to go purchase crack cocaine. According to her statement to
FDLE, Hirr l eft the bar, proceeding t o a local drug area in an effort to obtain crack cocaine.
While attempting to get change for the pay phone in an attempt to contact Hirr’s drug source
Officer Trill pulled up b ehind Hirr, stopping he r for the ille gal window tint. 31 When Officer
Thornton arrived to back-up Sgt. Trill, Hirr was standing outside her vehicle talking wit h Sgt.
Trill. TSPD Officer Thornton after, again, gainin g consent to search Hirr’s vehicle located a
rock of crack cocaine (in plain view) on the dashboard of the vehicle, just above the air
32
conditioning vent. Hirr was arrested and charged with Possession of Cocaine. While a t
the incident location, Hirr accused the TSPD of planting the cocaine inside her vehicle. Hirr
categorically denies being in possession of cocaine during the stop. Lastly, Hirr advised that
she did not report her allegation to t he TSPD, a s she feare d further reprisal from TSPD, i f
she complained.
MARK RAY ANDERSON
Allegations of theft, falsifying official statements, perjury and ongoing harassment.
On October 11, 2002, Sgt. Michael Trill, Officer John Spatz, and Officer Steve Monforti
arrested and charged Mark Ray Anderson, B/ M, 01/08/1978 with one count Possession of
Cocaine, Possession o f Marijuana and Driving on a Susp ended Lice nse. In th e officia l
TSPD offense report authored by Recruit Officer John Spatz, Marky Anderson was observed
by Sgt. Trill, who was training Officer Spatz, of operating a motor vehicle with a suspended
license.33 A short time later, Sgt. Trill initiat ed a traffic stop on the vehicle in which
Anderson was riding and accused Anderson, who was in the passenger's seat, of operating
the vehicle. Anderson reported to FDLE that Sgt. Trill forcibly removed him from the vehicle
and that he had not be en operating the vehicle as allege d. During a search of Anderson,
incident to arrest, he was found to b e in possession of one (1) ring size baggie of marijuana
and five (5) pieces of crack cocaine.34 Anderson claims that he was actu ally in possession
31
TSPD Supplemental Report 2002-2789 authored by Sgt. Michael Trill
32
TSPD Offense Incident Report 2002-2789 authored by Officer Clyde Thornton
33
TSPD Offense Incident Report 2002-3385 authored by Officer John Spatz
34
TSPD Property/Evidence Report dated October 11, 2002 signed by Officer John Spatz
09/30/2005 12
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
of six (6) coin size bagg ies of marijuana, some loose marijuana and (5) five pieces of crack
cocaine. Anderson reported that TSPD submitted only one bag gie of marij uana into
evidence a nd the re st of the marijuana was taken by officers’ on the scene. Money
belonging to Anderson was also se ized at the t ime of the stop and according to Anderson;
Officer Trill stated to hi m “I’ll give you the mo ney back if you sign thi s ticke t.” Anderson
alleges that not all the contraband seized was p laced into property by the TSPD. Anderson
reported tha t drug evidence was sto len by Sgt. Trill and me mbers of the TSPD. Further,
money belonging to An derson was used a s a threat to g et Anderso n to sign th e traffic
citation for Driving on a Suspended License.
09/30/2005 13
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
PATRICIA GARDNER
Allegations of excessive use of force, violation of civil rights, battery, falsifying official
statements, perjury and tampering with victim/witness.
On May 7, 2003, at approximately 1933 hours Patricia Patty Gardner, W/F, 06/19/1964
was arrested and charged with Battery on Law Enforcement Officer and Resisting Arrest
with Violence by TSPD Officer Paul Care y, Sgt. Mi chael Trill, Officer Derek
Anderson, Officer Joh n Spatz and Officer Scott Brock ew. On the incident d ate,
Patricia Gardner was p resent at 520 E. Lime Street, Tarpon Springs, Florida. The
address is reported to be known for “drug activity” 35 however prior incidents at 520 Lime
Street E. p rovided by TSPD indicate that no arrests or drug activity has b een
36
documented at that loca tion dating a s far back a s 1993. Believing that she (Gardner)
was about t o be attacked/assaulte d by t wo of the black male subjects present at the
house, Ms. Gardner began to yell f or “help” an d “the police.” Two of the neighbo ring
residents notified the Tarpon Springs Police De partment of a W/F yelling for assista nce.
After TSPD Officer Paul Carey, Officer Derek Anderson and Sgt. Michael Trill arrived on-
scene it wa s reported t hat Ms. Gardner was dr agged off th e front porch and restra ined
by officers in the front yard. During the contact officers h ad with Gardner, a physical
altercation ensued and Ms. Gardner bit TSPD Officer Carey resulting in Ms. Gardner
being sprayed with Ole oresin Capsicum (OC) Spray. Ms. Gardner was subsequ ently
arrested, handcuffed, hog-tied, and then transpo rted to the TSPD for a p rocedure called
"decontamination". Ms. Gardner was reportedly decontaminated via an eyewash station
located in t he Sally Port of the Tarpon Springs Police De partment. Ms. Gardner was
then transported to Hel en Ellis Hospital for medical tre atment and rel eased from Helen
Ellis Hospit al at 2227 hours with a Helen Ellis Hospital medical diagnosis, “Cocaine
Abuse.” It is undisput ed that Patricia Gardner had been smoking crack cocaine with
Connie Shepard, B/F, 1/24/1955 a t 520 Lime Street E., T arpon Sprin gs, prior to the
arrival of TSPD.
On May 8, 2003 at approximately 0100 hours, after being medically released from Helen
Ellis Hospi tal, Gardner was transported and booked in to the Pinel las County Jail.
Gardner’s booking phot ograph depi cts obvious facial in juries inclu sive of swelling and
abrasions to the left e ye and cheek. 37 These pho tographs were taken at approximately
1:12 am on May 8, 2003. Upon her release from the Pinellas County Jail (May 10, 2003)
Gardner wa s taken to North Bay Hospital by her grandfat her, Dominic Zappa, w here
Gardner wa s determined to be suff ering from acute kidne y failure and eventually was
admitted into the intensive care unit, until her release on approximately May 24, 2003.
On June 2, 2003, the FDLE Clearwater Field Office received a call from an indivi dual
who identified herself a s Patricia L. Gardner, W/F, 06/19/ 1964. Gard ner advised she
had just been released from the Intensive Care Unit at North Bay Hospital due to kidney
failure, rhabdomyolysis and liver da mage as th e result of her arrest occurring within the
City limits of Tarpon Springs, Florida. Gardner stated that she was “beat en” by Certified
Police Officers with the Tarpons Springs Police Departme nt and wished to file a forma l
35
Deposition of former Officer Paul Carey, State of Florida v. Patricia Gardner, October 2, 2003
36
TSPD Prior Incident CAD Report for 520 Lime Street E., Tarpon Springs, Florida
37
Pinellas County Jail Booking Photograph of Patricia Gardner.
09/30/2005 14
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
complaint. Gardner stated that her grandfather, Dominic Z appa, contacted the TSPD
(determined later to be May 19, 2003) to file a complaint of brutality and unlawful u se of
force. After an “administrative review” of the offense rep orts Mr. Zappa was told by
TSPD Capt ain Robert Kochen that Zappa would have to respond to the TSPD, in
person, if he wished for file a formal complaint. During her initial report to FDLE Gardner
stated, “I cannot ask you to believe me but I will take a polygraph, but t hey beat the shit
out of me.”
Attached to TSPD offen se incident r eport 2003-1441 is a supplemental report authored
by TSPD Captain Robert Kochen, which documented that TSPD Cap tain Kochen had
been conta cted via telephone by Dominic Zappa regarding an arrest involving his
granddaughter, Patricia Gardner. Captain Kochen supplemental report states that
Kochen conducted an administrative review of the arrest documents and determin ed, “I
find that the TSPD acted according to the law and TSPD General Order #6.” 38 No other
inquiry or additional inv estigative activity was conducted by TSPD a nd Patty Gardner
was never interviewed. Further, Kochens' report stated that Zappa, “ha d a right to f ile a
formal complaint with the Tarpon Springs Police Department for further investigation.”38
The official TSPD offense incident report 2003- 1441 indicat es that Patr icia L. Gardner
was arrested and charged with Battery on a Law Enforcement Officer and Resisting
Arrest w/ Violence by TSPD Officer Paul Carey. Officer Paul Carey and Officer Derek
Anderson responded t o 520 Lime Street, after responding to a dispatched call of a
female yelling for help. The afore mentioned TSPD pers onnel (Carey, Trill, And erson,
Spatz, Brockew) were listed in the offense rep ort as be ing present at said lo cation as
well as th e arrestee, Patricia Gardner. Addition ally, Eddie Ray Fisher, B/M, 12/11/1965
and Marlon T. Hargrett, B/M, 06/06/1973 were listed in t he report a s “Z” which is a
Florida Offense report code for “other.” No oth er individuals or witnesses were listed in
the offense report. T SPD Officer Paul Care y authored the origina l offense re port.39
Officer Derek Anderson and Sgt. Michael Trill authored supplemental report(s). 40 TSPD
Officer Dere k Anderson authored a four (4) pa ge Use of F orce Report Form that was
approved by Sgt. Michael Trill. 41 Att ached to th e Use of Fo rce Form was an Oleor esin
Capsicum Exposure F orm as well as the FDLE Use of Force/Levels of Resistance
Matrix.
Investigative activity inclusive of document revi ew, interviews, statement analysis and
other invest igative tech niques conducted by FDLE regarding the ar rest of Patr icia
Gardner revealed the following information:
On May 7, 2003 at 19:33 hours an elderly Tarpon Springs resident, Donald Taylor, who
resides acr oss from 520 Lime Street E., telephoned the Tarpon Springs Police
Department and made the followin g statement: “Across t he street, o ver there, I hear
some young lady over there hollering, ‘Help Me’ and ‘Marlo.’ And that Fisher Boy, I think
that’s the la dy in the house over there and I think she’s hollering, ‘h elp Police’ and
whatnot.”42 T aylor reported to FDLE he heard h ollering, “Help,” “Leave me alone” a nd
“Stop” from a female who was at the resi dence across th e street from Taylor. Taylor
38
TSPD Supplemental Report authored by Captain Robert Kochen on May 19, 2003
39
TSPD Offense Incident Report 2003-1441 authored by former Officer Paul Carey
40
TSPD Offense Supplemental Report 2003-1441 authored by Officer Derek Anderson and Michael Trill
41
TSPD Use of Force Form authored by Officer Derek Anderson dated May 7, 2003
42
Communication Audio Tape of Gardner Incident, 2003-1441
09/30/2005 15
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
reported that someone from a neighboring house was hollering back to Fisher and
Hargrett, “Leave that girl alone.” Taylor told FDLE that he a lso heard someone from the
house say “Take it like a lady” and assumed that someone “was trying to take advantage
of her.” Ta ylor stated he phoned the TSPD a nd requested an officer respond to the
location.43
At approxi mately the sa me ti me Ta ylor telephoned the TSPD another citizen, Derek
Thomas, who was wor king at the r esidence located directly east of 52 0 Lime Street E.,
reported that he heard hollering and, “They were tryin g to make a move on her.”
Thomas sta ted he yelle d over to th e incident location and told Eddie Ray Fisher and
Marlo Hargrett, who are known to Thomas, to “leave that girl alone.” Thomas stated that
he was leaving the residence to go home and when he turned north from Lime St reet
onto Disston Avenue the TSPD was sit ting in the parking lot of the Health Depart ment
located just around the corner. Thomas notified the officers of the problem and recalled
at the same he obser ved that another TSPD cruiser wa s “flying” u p to the in cident
location. Thomas stated that for whatever rea son Thomas went back t o the location to
see what would transpire.44
A review of the TSPD incident rep ort regarding the arrest of Gardner shows Marlon
Hargrett an d Eddie Ra y Fisher we re listed as being present at the residence d uring
Gardner’s arrest. The o ffense report alleges that when TSPD personnel arrived Patricia
Gardner was kneeling on the front porch holding the crotch area of Hargrett’s pants with
one hand and was “swing a cable a t him with her right han d.” Differing statement given
during swor n depositio ns by Officer Carey and Officer Anderson vary on whether
Gardner “Then she picked up this cable and starting swinging,” 45 or “I ob served that she
was holding a metal bike lock.” 35 Officer Carey reported th at while atte mpting to calm
Gardner down he put his right arm out and told her to calm down, Gardner suddenly bi t
Carey’s right arm.
Interviews of witnesses Eddie Ra y Fisher, Marlon Hargrett, Dexter Wallace, Connie
Shepard, Patricia Gard ner, and ne ighbors pre sent at the scene revealed that no one
offered testimony regarding a “ cable” Gardner allegedly was swinging/ picked up/holding
upon the ar rival of the TSPD. Further, Gardner was n ot charged with Aggravated
Assault for swinging a cable at Marlon Hargrett nor was a cable place d into evidence at
the TSPD. 39 The purpose for the original reque st, “a call fo r help from a white female,”
was never i nvestigated by the responding officers however, Officer Carey stated in his
offense rep ort that he later interviewed Fisher and Hargrett who advised that Gardner,
“had been smoking crack coca ine all day and acti ng crazy. She assaulted both of t hem
several times and b it Marlon twice.” 39 The repo rt indicated that Fisher and Hargrett did
not wish to file charges against Gardner. Marlo n Hargrett categorically denies being bit
by Gardner and denies reporting this informatio n to police. Injuries to Hargrett as the
result of a human bite mark were neither photographed nor documented. As noted,
Fisher and Hargrett were reported to be “other s” in the off icial incident report, howeve r
were report ed to have been bitten by Gardner more th at once, allegedly victims of
battery.
43
Interview of Donald Taylor conducted on February 13, 2004
44
Interview of Derek Thomas conducted on February 16, 2004
45
Deposition of Officer Derek Anderson, State of Florida v. Patricia Gardner, October 2, 2003
09/30/2005 16
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
While reviewing numerous affidavit(s) prov ided to FDLE regarding the instant TSPD
corruption investigation, which was initiat ed in December 2002, numerous
statements/affidavits were received from City of Tarpon Springs cit izens displeased with
the treatment and policing activitie s of TSPD. Contained in these w ritten notarized
affidavits was an affidavit from “De xter Wallace” who indicated he observed an incident
involving a white female who was mistreated by the TSPD. The affidavit indicates that,
‘The cop’s sprayed ma ce in her e yes and gr abbed her by the hair and yanke d her
around while he was beating her.” 46 The affidavit described facts similar to th ose
reported by Patricia Garner. The affidavit was signed o n May 14, 2003, during the
course of t his investig ation it was determine d through investigative interviews that
Wallace was present and witnessed the arrest of Patricia Gardner.
In summary, investigative interviews regarding Gardner’s May 7, 200 3 arrest revealed
the following:
Patricia Ga rdner admit tedly was at 520 Lime Street E. smoking cra ck co caine with
another black female by the name of Connie Shepard. Prior to the arrival of the TSPD
Gardner stated that she was propositioned by Marlo, who wanted to have sex with her
and Gardner refused. Gardner stated that afte r she refused another black male pr esent
at the resid ence (Fishe r) was preventing Gardner from leaving the front porch a rea.
Gardner stated that she started yelling for “help” and “the police.” After the T SPD
uniform patrol officer arrived, who were very familiar with Fisher and H argrett, told them,
“We’ll take care of her.” Gardner reported that the officers arrived o n scene, never
addressed her, grabbed her and started dragging her off the porch. Gardner stated that
she got “scared” and wh ile they were starting to drag her do wn the stairs, she bit one of
the officers in the arm. Patty Gardner categorically de nies picking up or being in
possession of a metal cable prior to or during her conta ct with the T SPD. Gard ner
stated that she was sprayed with pepper sp ray, once, possibly twice, handcuf fed,
hogtied and sometime later thrown in the rear o f a police car. Gardner stated that she
was then transported to the TSPD where she felt she was placed in a “car wash.” Later,
Gardner stated she awo ke at the ho spital and she was not in her own cloths. Gard ner
recalled telling the Pin ellas Count y Jail personnel that she was “b eaten” but her
allegations were dismissed owing to the fact that the Helen Ellis Hospital disch arge
papers indicated she was medically cleared due to “cocaine abuse.”47
Upon arrivin g home afte r her release from the Pinellas County Jail Ga rdner’s neighbor
was requested to take photographs of injuries sustaine d during her arrest. T hese
photographs were provided to FDLE for review.
Marlon Har grett report ed that someone called the police as they “thought we were
doing some thing to her. ” When the cops arrived, Eddie R ay Fisher e xited the po rch,
greeting the TSPD Patrol Officers a nd told the cops to get that “crazy bitch out of here.”
Hargrett reported to FDLE that the TSPD arrived at the incident location and immediately
grabbed Gardner and started drag ging her o ff the por ch. After one of the Officers
grabbed her and was t rying to ha ndcuff her, she bit him. Hargrett s tated that after
Gardner had been sprayed one of the off icers had his fo ot to that b ack of her head,
holding it down and was smashing her face into the groun d. Marlon Hargrett reported
that after being sprayed Gardner wa s screaming for water, s he was handcuffed, hogtied
46
Affidavit of Dexter Wallace taken on May 14, 2003.
47
Interview of Patricia Gardner conducted on September 23, 2003
09/30/2005 17
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
and then Sgt. Trill took two bottles of water and threw water i n her face. Hargrett stated
that when the police ar rived at the residence G ardner was not holding a cable nor had
she swung a cable at him. Furth er, Hargrett stated he never reported to TSPD that
Gardner bit him.48
Eddie Ray Fisher reported that prior to the arrival of TSPD uniform p atrol, Fisher was
sitting on Patricia Gardner preventing her from leaving the screened in porch area of the
residence. Fisher recalled that whe n the cops arrived Gardner had calmed down and
TSPD Uniform Officers told Fisher a nd Hargrett, “We got her now” and started drag ging
her off the front porch. At some point Fisher recalls one of the TSPD officers, yelling that
he was bit a nd believes this occurre d while Gardner was still on the porch. Fisher was
certain that Gardner did not have a weapon in her hand n or did she have access to
anything that resembled a weapon. Fisher stated that after the officer was bitten,
Gardner wa s thrown off the porch into the front yard and s omeone wa s smashing her
face in the dirt. 49
Dexter Wallace stated that he had been present at the residence pr ior to the arrival of
the TSPD, but exited the residence and observed the incident from the bu shes near the
triplex immediately west of the incident lo cation. Wallace report ed the following
observations: Two Tarp on Spring PD police officers initially showed up. They “d ragged
her off the porch and thr ew her out onto the fro nt yard, out onto the dirt .” The f irst two
officers who had arrived on scene t hen handcu ffed Gardner. At some point Sgt. Trill
arrived and was holding Gardner’s head into th e dirt and w as flipping d irt into her f ace.
Wallace stated that Gardner was not fighting with the officers but was still screaming that
she needed help and could not bre athe. Gardner was laying face dow n in the dirt and
two of the officers were holding her down. Wallace stated that Gardner’s face was being
held down in the sand and when she turned her head, she bit someo ne. Wallace could
not recall which officer had been bitten. Later, Wallace d escribed Gardner as being
“maced” and believes that the officer “emptied the can.” Wallace stat ed that he thought
Sgt. Trill sprayed Gard ner, but wa s not certai n which offi cer deployed OC. Wallace
stated that Gardner wa s crying for help and begging for wa ter. Wallace stated that Sgt.
Trill grabbed a water b ottle and squirted it in Gardner’s face. Wa llace stated that after
spraying Gardner the officers stood around, walking a nd talking , for about t wenty
minutes and eventually threw her in the back of a patrol car.50
Connie Shepard testified that she was at 520 Lime Street E. and left the residence just prior
to the arriva l of TSPD u niform patrol. Shepard stated that prior to the arrival of th e TSPD
Fisher and Hargrett were sitting o n Gardner preventing her from leaving the residence .
Shepard stated that the TSPD attempted to take Gardner into custody a nd a fight e nsued.
An officer was bit after attempting to hold Gardner down. Shepard testified, “Trill punched
her and the n he and a nother officer threw he r out the front door.” After landing on the
ground in the front yard, Sgt. Trill slammed his knee into her back and then took his right
hand and was shoving her face into the dirt.51
Connie Shepard testified during a sworn deposition that she is fearful of retaliation from the
TSPD and did not want to test ify to her observ ations regarding Gardner’s pendin g criminal
48
Interview of Marlon Hargrett conducted on October 21, 2003
49
Interview of Eddie Ray Fisher conducted on November 2, 2004
50
Interview of Dexter Wallace conducted on December 23, 2003
51
Interview of Connie Shepard conducted on December 11, 2003
09/30/2005 18
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
charges. Prior to Shepard testifying in court she contacted the Assistance Public Defender,
falsely identifying herself as a “friend” of Shepard’s, relaying that she was fearful of testifying
in trial as to what she witnessed regarding the Gardner incident. This “friend” indicat ed that
Shepard wa s moving o ut of state to avoid having to appear and testify at trial. Shepard
related that she is afraid that Sgt. Trill “will come after her” and afraid of r eprisals from other
members of the TSPD.
Lisa Harris , who resides west of 520 Lime Street E., stated she observed Gard ner lying
prone in the dirt of 520 Lime Street E. One of t he TSPD officers was kneeling acro ss her
back holding her down, “grabbing the back of her hair and rubbing her face in the dirt.”52
During the course of inv estigating the Gardner incident, several attempts were made by
FDLE to locate witnesses Dexter Wallace and Eddie Ra y Fisher for interviews. During
this time, t he TSPD ran Fisher a nd Wallace through th e Florida C rime Information
Center (FCIC) on numerous occa sions. On two occasions that T SPD ran Dexter
Wallace, he was reportedly nowhere near the City of Tarpon Springs.53
Digital photographs of Patricia Gardner were t aken by the TSPD on May 7, 200 3, while
Gardner wa s being treated at Hele n Ellis Hospital. These photographs clearly depict
injury to Ga rdner’s left eyebrow an d eye, left c heekbone, left elbow, handcuff gouges,
cuts to wrists, swelling, bruising and injury to her right hand.54
Patricia Gardner’s booking photograph taken on Ma y 8, 2003 depict s abrasions to
Gardner’s left eyebrow, eye and cheek.55
The photogr aphs taken by Patricia Gardner on May 10, 2003 depict obvious physical
injury, specifically bruising to the fa cial area, left wrist, left forearm, right and left e lbow,
right and left upper arm. Additionally, photogra phs reveal severe cuts and abrasion s to
her right elb ow, right an d left ankle, right knee, right cheekbone and eyebrow. 56 There
appears to be bruising to Gardner’s lower back. TSPD alleges injuries were self-inflicted
from rolling on the ground while ha ndcuffed and restrained with hobbles, as indicated in
the TSPD Use of Force Form authored by Officer Derek Anderson.57
Radio traffic reveals that the TSPD a rrived in the Sally Port with Gardner at 19:46 hours
and called f or the Tarpon Springs Fire Department (TSFD) at 19:57 who documented
their arrival at the TSPD Sally Port 19:57 hours.
Interviews of Tarpon Springs Fire Departme nt first responders who treated Pa tricia
Gardner revealed the following:
Gardner was found lying on the cement floor of the Sally Port, handcuf fed and soaking
wet. Gard ner was reported to be moaning, rolling on the ground refusing to allow
anyone to get near her. At one point Sgt. Trill made a “big deal” abo ut the fact t hat
Gardner attempted to b ite his shoe when Trill attempted to get near her. Collectively,
52
Interview of Lisa Harris conducted on October 21, 2003
53
FDLE internal flag system hits on subjects Dexter Wallace and Eddie Ray Fisher.
54
TSPD photographs of Patricia Gardner taken at Helen Ellis Hospital on May 7, 2003
55
Pinellas County Jail Booking photographs taken at 0021 and 0112 on May 8, 2003.
56
Photographs taken by Gardner upon her release from the Pinellas County Jail May 10, 2003
57
TSPD Use of Force Form authored by Officer Derek Anderson dated May 7, 2003
09/30/2005 19
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
the Fire Re scue perso nnel reported that it appeared Gardner was suffering from the
effects of n arcotics. G ardner was briefly examined and a determination was made to
transport her to a medical facility. 58 T SFD personnel were un certain if Gardner was still
hogtied whe n they treat ed her how ever, Sgt. Trill’s supp lemental report indicates that,
“Upon amb ulance arrival at 20:13 hours 59, she was transported to the hospital. N ote:
She was removed fro m the Hobble’s re straint and se cured to th e stretcher for
transport.”60
Interviews with Helen Ellis Hospital personnel resulted in the following:
Helen Ellis Hospital Registered Nurse Nancy Wertz reported that she “vaguely” recalled
treating Patricia Gardner but after re viewing the treatment chart recalled Gardner owing
to some “u nusual” sca ring on her stomach. These are old burn scars and were not
germane to or the cau se of Gardner’s hosp italization. Wertz stated that the only injury
listed on th e hospital chart was a “ self-reported injury to Gardner’s right hand.” Wertz
did not document or recall any other injuries to Patricia Gardner during her treatment at
Helen Ellis Hospital Emergency Ro om. Wertz initially recalled that she did not have any
independent recollect ion of Gardner’s hospit alization but lat er stated th at she recalled
that the TSPD “wet he r down after they pepp er sprayed her.” After providing the
photographs to Wertz taken by Garner, Wertz was in disbelief that she did not “chart” the
obvious physical injury to Patricia Gardner.61
Wertz advised that she was responsible for cre ating the “Patient Aftercare Instructions”
given to TSPD for Gardner’s di scharge fro m Helen Ellis Emergency Room. The
instructions list “Cocaine Abuse. You have been me dically clea red.”62 No o ther
instructions or impressions were not ed on the discharge pap ers. However, the doct ors’
orders listed on the Helen Ellis hospital chart indicated four clinical impressions; cocaine
abuse, hyperpyrexia, h yperventilation and con tusion righ t hand, thre e of which were
excluded by Attending Nurse Nancy Wertz. 63 W hen asked about the oth er impressions
Wertz was dumbfounded as to ho w she would have neglected to in clude the o ther
clinical imp ressions o n the disch arge sheet specifically that the doctor indicate d
“contusion to the right hand.” During the interview, Wertz informed FDL E that she has a
close working relationship with officers of the TSPD “as they are frequently bringing
people in he re as well a s the fact th at Michel Trill ‘was rece ntly a patient here’.” W ertz
also admitted that sh e lied durin g the inter view when she was asked if she has
discussed her request for an intervi ew with an yone with TSPD. Wertz initially denied
having any contact with TSPD reg arding the Gardner incident but later recanted this
statement advising she had asked TSPD Officer Jesse Eaton “what was going on.”
The photog raphs taken of Gardner’s in juries b y the TSPD while Gardner was being
treated at Helen Ellis H ospital were not available for viewing at the time the interview
with Nancy Wertz wa s condu cted. A follo w-up interview with Nancy Wertz was
attempted on numerous occasions, which was met with negative results.
58
Interview(s) of Tarpon Springs Fire Department personnel conducted on October 13, 2003
59
Pinellas County Emergency Medical Services Patient Care Report TSFD
60
TSPD Supplemental report authored by Sgt. Michael Trill, dated May 8, 2003
61
Interview of Helen Ellis Hospital Emergency room Nurse Nancy Wertz conducted on October 30, 2003
62
Patient Aftercare Instructions- Helen Ellis Memorial Hospital, dated May 7, 2003 @ 22:27 hours
63
Helen Ellis Memorial Hospital Chart of Physical Examination dated May 7, 2003 @ 22:20 hours
09/30/2005 20
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Numerous attempts were made to conduct interviews with Helen Ellis Hospital
Emergency Room He ad Nurse Beverly Milne and Triage Nurse Violet “Christine”
Sanchez who treated Patricia Gardner. These attempts were also met with ne gative
results.
A review of the medical chart/body injury sheet completed by medical personnel at the
Pinellas Co unty Jail revealed the following inf ormation: Abrasions an d contusion s left
eyebrow, lef t and right cheek, right and left elb ow, superficial laceratio n right wrist and
swelling right hand. These injuries were documented by th e Pinellas County Jail intake
nurse on May 8, 2003 @0230 hours. 64 Gardner was medically checked by Pinellas
County Jail Medical pe rsonnel until Gardner was released from custo dy on May 10,
2003 at 13:30 hours.65
On May 10, 2003, at approximately 19:15 hours Patricia Gardner was admitted to North
Bay Hospital via the e mergency room for e valuation of diffuse bruises, body a ches,
nausea an d vomiting and subsequently diagnosed with acute r enal failure , with
66
rhabdomyolysis. Gardner was moved to the Intensive Care Unit where she was
treated until her dischar ge on May 24, 2003. F urther, Gardner received kidney dialysis
for sometime after her release from the hospital.
It is worth n oting that Patricia Gard ner made allegations of brutality to members of the
TSPD while at Helen Ellis Memorial Hospital as well as to medical personnel at the
Pinellas County Jail an d emergency room pers onnel upon her admittance to North Ba y
Hospital.
A review of the TSPD Communication Automat ed Dispatch (CAD) Not es revealed that
the TSPD received a call for help from a female at 19:33 h ours. TSPD was dispatched
and arrived on scene at 520 E. Lime Street at 19:34 hours.67
TSPD Communications Dispatch Notes revealed:
19:34:07 Nature Changed from S59 Public Assist
19:35:11 Eddie Ray Fisher
19:36:01 Officer Had to Spray Subject
A review of the TSPD Audio Tape of the radio traffic revealed the following traffic:
00:00 Officers dispatched to Signal 36
00:48 K1 (Carey) and 305 (Anderson) are 97 (0:00)
00:59 Were here, Eddie Ray is… (0:11)
01:12 305, she bit K1 (0: 24)
01:33 305, put in notes that I had to spray her (0:46)
01:46 I don’t know if you heard me but also put in notes that she just bit, prior to
being sprayed, she bit K1 in the right forearm. (0:59)
02:10 (605) Who’s got a hobble? (1:20)
64
Pinellas County Jail Body Sheet Update May 8, 2003 @02:30 hours
65
Pinellas County Jail Inmate Movement Record
66
Morton Plant Mease North Bay Hospital Medical Report, Patricia L. Gardner.
67
TSPD Computer Automated Dispatch Notes of Incident 2003-01441
09/30/2005 21
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Of interest, Officer Ca rey was bit approximat ely thirteen (13) seconds after Off icer
Anderson reported that Eddie Ray Fisher was present.
Patricia Gardner was arrested and charged with Battery on a Law Enforcement Officer
and Resisting Arrest with Violence and was formally charged by the Office of the State
Attorney with One Count Battery on a Law Enfo rcement Officer. On Th ursday, April 29,
2004 trial was schedu led for the criminal charges filed aga inst Patricia Louise Gardner.
Prior to the trial date, W ednesday, April 28, 20 04 the Office of the Sta te Attorney, Sixt h
Judicial Circuit, Assistan t State Attorney, (ASA), Shawn Smith contacte d the Office of
the Public Defender, Assistant Pu blic Defend er (APD) T heresa Fifie ld Wilcox about a
plea agreement regarding the Patty Gar dner c ase (CRC0 3-07897CFANO). The OSA
offered Patricia Gardner a plea to a lesser charge, Resisting Arrest w/o Violence (f irst-
degree misdemeanor) which Patricia Gardner refused to a ccept. Owing to this f act the
OSA offere d a plea of one count Disorderly Conduct wit h time served (second- degree
misdemeanor) which Patty Gardner agreed. 68
During March and April 2005 FDLE attempted to locate Hargrett, Fish er and Wallace
regarding the Patricia Gardner incid ent as well as to serve subpoenas. During this time
the TSPD ran all three subject s a pproximately 14 times through th e Florida C rime
Information Center for “routine wants and warrants checks.”
On April 13, 2005 and April 22, 2005 former TSPD Off icer Paul Carey volunt arily
responded to the Office of the Unites States Attorney for an interview with FDLE and an
Assistant U nited States Attorney (AUSA) James Muench. Paul Carey is currently
employed as a Deputy Sheriff with the Pinellas County Sheriff’s Office:
On April 13, 2005 Paul Carey made the following statements regarding the arrest of Patricia
Gardner:69
Carey was asked specific que stions about an y inappropriate activity regarding th e
arrest of Patricia Gardner and responded, “Well -- well, after we had her -- me a nd
Derek Anderson handcuffed her and pepper-sprayed her. A t first I had to strike her to
get her off my forearm. And then Derek pepper-sprayed her, I believe, if I'm recalling
that correctly. And then we struggled to get her handcuffed. We had her handcuff ed
there on the ground and we were trying to decontaminate her with wat er, and whe n
Trill showed up, he told Derek and I to turn a round. So whatever h e did…” After
additional questioning Deputy Carey reported I turned around. “I didn' t -- I don't know
what he did. But I mean, I -- I don't remember hearing screaming or anything. I think
he kicked d irt in her face, is what I think.” Carey reported that he was turned arou nd
for “second s.” Later, while at Helen Ellis Hospital Carey recalled se eing Gardner’s
face, “And thinking to myself, I mean, I know I didn't do that to her. And -- yeah.
There's no way I could have done that to her. But then again, seeing how she was
flopping around and everything, I mean, I just assumed that she caused these injuries
on her own.”
Carey stated that Patricia Gardner was pepper-sprayed, handcuffed an d laying in the
front yard when Sgt. Michael Trill t old Carey and Anderso n to “turn around.” Car ey
recalled Gardner was already handcuffed. Carey reported he was standing in the front
68
Sentencing and Case Progress CJIS State of Florida vs. Patricia Gardner, CRC03-07897CFANO
69
Transcript of digital recording of interview with PCSO Deputy Paul Carey conducted April 13, 2005
09/30/2005 22
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
yard of the residence, up toward Gardner’s head, when he was told by Sgt. Trill to
“turn around.”
When asked if other T SPD officers present a cted professionally, Carey replied, “Well,
when I was there, Yes, but I never went back to the statio n with her.” Carey stated
that he did not particip ate in the d econtamination that wa s taking pla ce in the Sally
Port but stated. “It didn’t seem ri ght to me t hat they were dousing her with t hat
shower.”
Carey indicated that the other key witness in this case is TSPD Officer Derek
(Anderson) and "Derek will not say anything.” Carey stated that if Derek Anderson
was questio ned about t he Gardner incident he would lie about what happened. In
summary, Carey stated, “I did not ag ree with the way that she was treated, I didn’t sa y
that... my position is...what I did was correct.”
On April 22, 2005 Paul Carey made the following statements regarding the arrest of Patricia
Gardner:70
Deputy Carey reported that Derek Anderson telephone d Carey af ter Anderson
received his Grand Jury subpoena and aske d Carey if he had also received a
subpoena. Carey acknowledged re ceiving a subpoena and told Anderson that Car ey
could not d iscuss the d etail of his assistance. Carey added that he also talked to
Derek “yesterday” (April 21, 2005) b ut the conversation was not in regards to Carey’s
pending interview.
During this follow-up interview, Carey vacilated from his init ial statement and stated he
did not see Sgt. Trill do anything inappropriate. Carey stated, “I Mean, ya know, as I
was turned I could see his leg go , motion toward her, his f oot, that’s w hy I told you I
assumed that he kicked dirt in her face. But I didn’t actually see, completely stare and
look at the incident.” Carey then c hanged his previous statement and told FDLE a nd
the AUSA h e thought about that “specific in cident” and that Carey could not recall if
Trill's specific words were “turn around”, adding, “I remember him directing me to stand
or move in a different p osition, you know having me come over here or whatever a nd
that’s when I believe he kicked dirt in her face.”
On April 27, 2005 PCSO Deputy Paul Carey, TSPD Officer Derek Anderson, Marlon
Hargrett, Eddie Ray Fisher, Dexter Wallace and Derek Thomas testified b efore a
Federal Grand Jury, United States District Court, Middle District of Florida. In
accordance with Rule 6 (e)(3)(A)(ii) this testimony is not subject to disclosure.
On May 23, 2005 De xter Wallace contacted the FDLE Clea rwater Field Office repo rting
that he has been contacted by Officers with the Tarpon Springs Police Department who
have questioned him about his testimony involving Patty Gardner. Wallace reported that
various TSPD officers contacted him at his bu siness and r esidence asking him what is
going on with the case.
On March 1 6, 2005, TSPD Officer Paul Comini arrested Patricia Gardner after Ga rdner
was stopped and asked if she wa s “lost.” A consensual search of Gardner’s vehicle
70
Transcript of digital recording of interview with PCSO Deputy Paul Carey conducted April 22, 2005
09/30/2005 23
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
resulted in t wo specks of crack cocaine being l ocated in th e floorboard of her vehicle. 71
A videotaped interview was conducted with Patty Gardner by Sgt. Mic hael Trill at the
Tarpon Springs Police Department. Trill, during an audio only portion of the interview
Trill state s, “You said your name is Patty?” Acting as if he does not know or has an y
knowledge of Patricia Gardner. During the taped interview, Gardner initiated
conversation regarding her arrest in May of 200 3, Sgt. Trill acts as if h e does not kno w
what she is talking ab out, and changes the subject. S gt. Trill aut hored a le ngthy
supplemental report regarding his contact with Patricia Gardner.72 T he videotaped
73
interview lasted approximately twenty-five (25) minutes.
71
TSPD Offense Incident Report 2005-0915 authored by Officer Paul Comini
72
TSPD Supplemental Report 2005-0915 authored by Sgt. Michael Trill
73
Audio tape of interview with Patricia Gardner conducted on March 16, 2005 by Sgt. Michael Trill
09/30/2005 24
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
BRANDY AVAGIANOS CROSSE
Allegations of excessive use of force, falsifying official statements, perjury and
conspiracy.
On June 23, 2003, Officer Albin Qu inones, Officer Christo pher Cornelius, Officer Paul
Comini, Office Scott Brockew and Sgt. Micha el Trill arrived at 601 E. Orange Avenue,
Tarpon Springs, Florida after being summoned to a verbal dispute by complainan t Helen
Avagianos, W/F, 05/07/ 1936. Avagianos was involved in a verbal alter cation with her son
and roommate Charles Coriaty. Brandy Avagianos Cro sse was n ot involved in the
disturbance but was pre sent at the residence to pick-up her three children who were being
watched by Helen Ava gianos. Ch arles Coriat y (Crosse's Brother) was the sub ject of the
disturbance and the caller (complainant) was Helen Avagianos, their elderly mother. Brandy
Crosse had exited the residence and was backing her vehicle, out of the driveway, when the
police arrived on the scene. Crosse did not notice the police arrival nor had knowledge that
Avagianos had phone d for police assistance. Officer Albin Quinones and Officer
Christopher Cornelius, who were the first to a rrive on-scene, observed Crosse in side th e
vehicle, walked past her and proceeded to ma ke contact at the residence. After Sgt. Trill
arrived on the scene, a n unprovoked altercation ensued resulting in Cro sse being physically
removed from her vehicle, restraine d, handcuffed, and placed in the re ar of a TSPD cage d
cruiser. Crosse alleged that Sgt. Trill was “out of control” telling Crosse h e was placing her
under arrest for “obstruction of ju stice” for fa iling to respond to his verbal commands
ordering her to get out of her vehicle. Crosse stated that she could not hear what th e officer
was telling her as the radio was on inside the vehicle, nor was she aware that Sgt. Trill was
a police officer as he was dresse d in an all black outfit and was wearing black leather
gloves. Brandy Crosse admittedly went berserk after Sgt. Trill physical ly removed from her
vehicle. Upon hearing a commotion down at the curb, Helen Avagianos and Charles Coriaty
exited their residence to inquire about “who was getting arrested at the curb.” Upon learning
that Crosse was the subject of the “arrest” both Avagian os and Coriaty got in a verbal
dispute with TSPD officers regarding the arrest of Brand y Crosse. Owing to this verbal
dispute, Avagianos and Coriaty alleged Sgt. Trill threatened and then ordered TSPD officers
to arrest Coriaty, as well. Helen Avagianos, who is a former TSPD police officer and alleged
relative of TSPD Chief Mark LeCouris, ind icated that she (Avagianos) was not g oing to
stand for t his type to tre atment and officers were in violatio n of her civil rights. Eventually,
after TSPD officers (still at the scene) also learned of Avagianos' rela tionship to Clearwater
PD Sgt. Te rry Coriaty Naumann (daughter), Crosse was subsequen tly "unarrested" and
released fro m custody. The actio n taken by Sgt. Trill was thereafter referred to as a
"detention" and all officers associa ted with the incident claimed that Crosse was never
“arrested” nor told that she was under arrest for Obstruction of Justice. An offense -incident
report authored by Sgt. Michael Trill had consi derably different recoll ection of the events
from sworn statements made by Crosse, Coriaty and Avagianos. 74 Of interest, Sgt. Michael
Trill was the only TSPD officer to author an official report regarding this incident other than a
brief supplement completed by Officer Scott Brockew who later responded to the hospital at
the request of Mease Countryside Hospital personnel. Further, Sgt. Trill authored the TSPD
Use of Force Form regarding his contact with the Avagianos family.75
74
TSPD Offense Incident report 2003-1976 authored by Sgt. Michael Trill
75
TSPD Use of Force Report 03-01976 dated 06/24/2003
09/30/2005 25
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Sometime after being re leased from custody, Crosse conta cted her sist er, Terry Na umann,
who is a Sergeant with the Clearwater Pol ice Department. Naumann and Crosse
responded to Mease Co untryside Hospital as C rosse was complaining of possible injury to
her wrist as well as a bruise to the facial area. While en route to the hospital Nau mann who
was reluctant to report the incident to TSPD officials sto pped a Pin ellas County Sheriff’s
Office Deputy and explained the situation to De puty Jason Deese. Depu ty Deese authored
a report regarding his contact with Crosse and Naumann and referred them back to the
TSPD if they wished to file a formal complaint.76
While at Mease Countryside Hospita l the attending nurse, Kathy Finnegan, unbekno wnst to
Crosse and Naumann, contacted the TSPD and requested an officer take a report regarding
Finnegan’s observations of excessive force due to Crosse’s injuries. TSPD Officer Scott
Brockew responded to Mease Cou ntryside Ho spital, took photographs of Crosse’s injuries
and was reported to be very un professional and “had an attitude” with Cro sse and
Naumann.
A four-page me morandum, obtained by F DLE, was autho red by Sgt. Trill regarding his
contact with Avagianos, Coriaty an d Crosse and explains at length, his version, regarding
his contact and actions taken regarding this incident. 77 No in ternal inquiry, review or action
was initiated by the TSPD regarding this incident.
Owing to th e fact that Crosse and Naumann have severe mistrust in the in TSPD the y
contacted th e FDLE Cle arwater Field Office to complain about Michael Trill allegin g he is
abusive, used excessive force and violated Crosse’s civil rights.
Victim/Witness Interviews were conducted by FDLE and a State Attorney Investigatio n was
initiated by the Office of the State Attorney. All associated TSPD officers were interviewe d
regarding their involvement in this i ncident. Michael Trill w as never interviewed re garding
this incident and the Office of the State Attorney declined any further action.
What is interesting to note is associa ted activity allegedly conducted by the TSPD regarding
the Crosse complaint and subsequent investigation conducted by FDLE.
In summary, the following incidents were reported to FDLE as the Avagianos family believes
they occurred in an attempt to influence and intimidate the family:
On or a bout June 24, 2003 Helen Av agianos obs erved a white mal e d ressed in plain cloth es
standing in her front yard ap pearing to copy down the t ag numbers of th e veh icles par ked i n h er
driveway.
On or about July 1, 2003 Sgt. Terry Naumann, who resides within the City limits of Tarpon Springs,
reported that she h as rec eived T SPD communit y p olicing car d “E yes W atching Y ou” on her
personal vehicle.
On or about July 7, 2003 Sgt. Terry Naumann alleges that TSPD Officer Vanschaick made contact
and engaged Naumann in a conversation about the i ncident involving Brandy Crosse. Vanschaick
was particularly interested if Brandy Crosse was going to f ile a formal complaint against Sgt. T rill.
Vanschaick i ndicated that if anoth er comp liant regar ding Trill's policin g activit y is m ade it could
jeopardize his job. The conversation lasted for approximately 20 minutes.
On or about July 29, 2003 Charles Coriaty reported that while in the front of his residence filling the
dogs water dish, a marked TSPD police cruiser drove by, slowed, and the white male driver pointed
his hand at Coriaty, replicating a handgun, and then sped up and drove away.
76
Pinellas County Sheriff’s Office incident/offense report 03-161555
77
TSPD Memorandum dated June 24, 2003 by Michel Trill to Captain Robert Kochen
09/30/2005 26
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
On or a bout September 4, 2003 Sgt. T erry Naumann reported to F DLE that while “off dut y” in her
personal vehicle an incident occurred where she believed a BB gu n shot out her fro nt windshield.
Naumann stated th at she was sho pping a t the Kash-N-Karry loc ated on Alter nate 1 9 an d was
standing at th e driver ’s do or to her veh icle ta lking to h er da ughter. An unk nown o bject was
projected directly at Naumann, striking the bottom of the metal windshield frame and shattered her
windshield. N aumann r eported th at the windshield tec hnician indicated a hi gh-powered BB g un
would have caused such damage.
Naumann stated s he c ontinues to fi nd T SPD “E yes W atching Yo u” com munity policing cards on
both her personal ve hicle a nd C ity of C learwater u nmarked police v ehicle. Naumann had
ascertained th at no other vehicles or re sidences in t he imme diate vicinit y rece ive simila r
notification.
09/30/2005 27
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
JAMES WHIGHAM
Allegations of planting evidence, falsifying official statements and perjury.
On July 1 7, 2003, James Harvey Whigham, W/M, was arrested and charged with
Possession of Cocaine by Sgt. Mi chael Trill and Officer Matthew McLane aft er being
stopped for a citizen co ntact. Sgt. Trill who was off duty at the time, re sponded to the area
after being notified by Chief LeCouris that a “suspicious male” had been in the a rea. Sgt.
Trill al leges that while speaking wi th Whigham he was act ing as if he had co caine in hi s
mouth describing his mouth “as being somewhat pursed while he spoke.” 78 After a
"consensual" search of Whigham's mouth, Sgt. Trill reportedly removed a rock-like
substance f rom inside Whigham's mouth. A presumptive analysis of the sub stance was
conducted which result ed in a positive reaction for the pre sence of cocaine. Immediately
after, Sgt. Trill asked and was given permission to remove a second piece of crack cocaine
from inside Whigham's mouth, wh ich was pl aced it into the TSPD Property Room as
evidence. Whigham admits to giving Sgt. Trill consent to search his mouth but cat egorically
denies having cocaine in his mouth either prior to, or during his detention.
The offense report authored by former TSPD Matt McLan e was reviewed by FDLE and
indicates79:
“Sgt. Trill observed that the male had his right hand near his mouth, as if to place
something therein.”
“Sgt. Trill o bserved that a s Whigham would spea k with him, Whigham had his m outh
somewhat pursed.”
“Sgt. Trill asked James if he would mind opening his mouth and stick his tongue out.”
“Sgt Trill and I then observed several pieces of an “off-white”, “rock-like” substance on his
tongue that were consistent to crack cocaine.”
“Sgt. Trill retrieved a small piece of the substance from Whigham’s tongue.”
“Sgt. Trill then obtained a field presumptive test and tested the substance…”
“Sgt. Trill advised Whigh am that it was indeed cra ck and a sked him to open his mouth
again, which he did.”
“Sgt. Trill wa s able to ret rieve anoth er small piece of the subst ance from Whigham’ s
tongue.”
These state ments are substantially different th an sworn testimony give n by former TSPD
officer Matt McLane in a deposition taken regarding this case on December 11, 2003.80
“When we were talking to him, we noti ced that he was kind of keeping his mouth kind of
shut as if he was concealing something in his mouth possibly.”
“…we asked him if he had anything illegal on him or in his mouth.”
“As we were searching him, we asked him to open his mouth which he voluntarily opened
his mouth and stuck his tongue out a nd at that time there we re several white pieces of
possibly crack cocaine on his tongue.”
“We retrieved that and did a field presumptive…”
“I asked him to stick his tongue out.”
78
TSPD Offense Incident Supplemental Report 03-02232 authored by Sgt. Michael Trill
79
TSPD Offense Incident Report 03-02232 authored by Officer Matt McLane.
80
Deposition of Officer McLane taken December 11, 2003 State of Florida vs. James Harvey Whigham
09/30/2005 28
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
“That’s why I had him leave his mouth open.”
Further, the re were numerous other discrepa ncies regar ding the fa cts and circumstance
surrounding the arrest, specif ically regarding t he retrieval of the se cond piece of crack
cocaine and the cir cumstances of the presumptive test of W higham’s saliva by Officer Matt
McLane and Sgt. Michael Trill.
James Whigham alleges he gave th e officers co nsent to sea rch his mouth but categ orically
denies placing a controlled substance inside his mouth.
A polygraph examination was administered to James Whigham by th e Office of t he Public
Defender and the results were d etermined to be incon clusive as t he defenda nt is on
medication, which ma y affect the outcome of the test. However, it was the e xaminers
opinion that Whigham was truthful in his statement that he was NOT in po ssession o f
cocaine at the time of the encounter.
Whigham's filed motion to suppress, which was denied. Whigham testified at a jury trial and
was subsequently convicted of the offense charged. Both court actions are currently unde r
appeal.
TAMERA CLARK
Allegations of excessive use of force, battery, unlawful search and seizure, falsifying
official statements and perjury.
On May 22, 2003 citizen Tamera Clark filed a written affidavit claiming ongoing harassment
and continui ng illegal se arches by members of the TSPD. 81 Ms. Clark admits to having a
drug addiction and because of her known past, she alleges that she is targeted by members
of the TSP D and is fr equently su bjected to ill egal search es. Ms. Clark advises that the
search tech nique used by TSPD of ficers referr ed to, as " making elep hant ears" o ut of her
pockets and if she does not comply, evidence will be planted on her.
On August 30, 2003, f ormer TSPD Officer Christophe r Cornelius and Officer Robert
Simmonds arrested and charged Tamera L ynn Clark with Possession of Cocaine and
Tampering With Physical Evidence after obser ving Clark walking down the street and “is a
known crack cocaine u ser and has a history of drug arrests." 82 Ms. Clark admittedly placed
a piece of crack cocaine in her mouth and swallowed it prior to TS PD Officer Cornelius
making contact with her. While Clark was walking down the street TSPD Officer Cornelius
stopped Cla rk, forced o pen her ha nd and afte r not find ing any cocaine therein, forcibly
opened Clark’s mouth and allegedly choked Clark to preven t her from s wallowing. While
her mouth was forcefully opened a swab of sa lvia was taken from inside Clark’s mouth.
Clark's saliva and/or a small bit of cocaine allegedly retrieved from her mouth tested positive
for the presence of cocaine. Formal charges r egarding this offense were not file d by the
Office of the State Attor ney.83 Mrs. F aye Clark, T ammy’s mother, contacted the FDL E and
requested to file a formal complaint regarding the arrest telling FDLE th at Clark was choked
by Officer Cornelius and the police report was inaccurate. Mrs. Clark was referred by FDLE
81
Sworn Affidavit from Tamera Clark dated May 22, 2003
82
TSPD Offense Incident Report 03-02683 authored by Officer Christopher Cornelius
83
Pinellas County Criminal Justice System record for 0315361CFANO and 0315362CFANO
09/30/2005 29
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
to the TSPD to file formal written complaint. Sometime l ater, Mrs. Clark contact ed FDLE
stating she was scare d to have Tamera file a complaint owing to the wording on the
compliant cover, threatening jail if any person discloses the complaint to any person.84
On February 17, 2004, a formal written complaint was sent via U.S. Postal Service to th e
TSPD by Tamera Clark. A formal T SPD internal invesitgation was initiated, assigned to and
conducted by Sgt. Michael Trill. On February 18, 2004 an TSPD Memorandum was
authored by Sgt. Michael Trill updating Captain Robert Kochen of the progress of the
inquiry.85 Additionally, Officer Rober t Simmonds , authored a memoran dum regarding his
observations during th e arrest of Tamera Clark. No other investigative activity was
conducted. The complaint was closed as unfounded by Captain Ron Holt on March 4, 2004
alleging, “T here is no physical evidence to su pport Ms. Clark’s claim. All we have is Ms.
Clark’s statement to consider and the officer’s report. Ms. Clark’s credibility is questionable
at best. Further, Officer Cornelius no longer works for this department.” 86
The case w as closed u nfounded h owever; the subject of ficer (Cornelius) and the victim,
Tamara Clark, were never intervie wed. Of interest in a S t. Petersburg Times Letter to the
Editor authored by T SPD Captain Ron Holt dated June 28, 2004 regarding a complaint filed
by another arrestee Holt indicated that, “Dilling er refuses us access to the complainant,
Investigation 101 is: Interview the victim.” 87 Tamera Clark, compla inant, was never
interviewed by the TSPD, even afte r filing a fo rmal written complaint regarding TSPD sworn
personnel.
84
TSPD Citizen Complaint Form, form #5.
85
TSPD Memorandum dated February 18, 2004 authored by Sgt. Michael Trill to Captain R. Kochen
86
TSPD Memorandum dated March 4, 2004 to Chief Mark LeCouris from Ronnie H. Holt
87
St. Petersburg Times Letter to the Editor by Captain Ron Holt dated June 28, 2004
09/30/2005 30
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Pinellas Co unty Circuit Court reco rds were searched, an d the following ca ses involving
Officer Romando Black and Sergeant Michael Trill officers were identified :
State of Fl orida vs. Paul Richard Smith, CRC98-00579CFANO, arresting office r Michael
Trill, back-u p officers Officer Jame s Campbell and Sgt. James MacKenzie arrest ed and
charged Smith with Possession of Crack Cocaine and Resisting Arrest without Violence. On
January 9, 1998 Paul Smith was stopped for a “citizen con tact” and a “consensua l search”
of his perso n was conducted. After several “consensual re quests” to lo ok in Smith’s mouth
Officer Trill alleges he viewed an “off-white rock like su bstance” in side the de fendants’
mouth. Smith closed his mouth and Office r Trill forcib le removed the item by using a
“mandible angel” to force open the defendants mouth.
A Motion to Suppress the Evidence was filed and denied by the Circuit Court Judge. The
Second DCA reversed the lower court ruling indicating th at the search of the def endant’s
oral cavity was illegal, based on the totality of t he circumstances. The lower court’s opinion
was reversed and remanded.88
State of Florida vs. Allen C. Cars on, CRC9810198CFANO, arresting Officer Michael Trill
and back-up Officer Romando Black arrested and charged Allen Carson with Possession of
Cocaine and Tampering w/ Physical Evidence. On Augu st 10, 1998 Allen Carson was
stopped by Officer Michael Trill dur ing an alleg ed “citizen contact.” During the contact,
Carson ma de a “swallowing motio n” and was ordered by Officer Mic hael Trill to open his
mouth. Officer Trill the n grabbed the lower jaw after alleging Trill saw crack coca ine when
Carson opened his mouth. Carso n was ordered to expectorate his saliva on a piece of
paper. At which time the presumptive test of the saliva sample tested positive for the
presence of cocaine. Trill knew the defendant from prior arrest situations.
A Motion to Suppress t he evidence was filed and subse quently granted by the Circuit
Court.89 The case wa s appealed to the Se cond District Court of Appeals where the
suppression was upheld. Owing to the nature of the officer’s contact with the defendant the
Circuit Court Judge ruled that the search of the defendant’s mouth was unlawful. No
unequivocal consent was given.90
State of Florida vs. Pasqualino Russo , CRC9901 6478CFANO, Arresting Officer Clyde
Thornton and Officer Romando Black arrested and charged Pasqualino Russo with
Possession of Cocaine and Tampering with Ph ysical Evidence. On September 9, 1999,
Pasqualino Russo voluntarily stopped his vehicl e after being followed by Officer Ro mando
Black and Officer Clyde Thornton who approached Russo f or a “citizen contact." During the
stop, Officer Thornton alleged that Russo wa s moving s omething around in his mout h
described a s a “small white rock shaped sub stance,” an d then swallowed it. Thornton
squeezed R usso’s throa t causing Russo’s tong ue to fall ou t of his mouth wherein Officer
Black scrap ed Russo’s tongue with a driver’s li cense that had been seized from another
individual. The tongue scraping t ested positive for the presence of cocaine .91 Note:
Officers had previous contact with Russo approximately one week prior to this stop.
88
State of Florida vs. Paul R. Smith court documents and Motion to Suppress, Testimony and Appeal Documents.
89
Order on Motion to Suppress, Honorable R. Timothy Peters, dated November 4, 1998
90
State of Florida vs. Alan C. Carson court documents, Testimony and Appeal Documents.
91
State of Florida vs. Pasqualino Russo, court documents and Motion to Suppress
09/30/2005 31
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
A Motion to Suppress t he evidence was grante d by the Circuit Court Judge whose order
revealed, “…Based on the totality of the f actual circu mstances and on the Court’s
observations of the off icers, the Court finds that the t estimony of both officers lacke d
credibility. Specifically, this Court does not find credible that officers’ testimony t hat they
saw crack cocaine in t he Defendants mouth…” “Becau se the Court does not find the
officers’ testimony to b e credible, the Court finds that th e Defendant was improperly
detained because the officers did not have probable cause…”92
State of Fl orida vs. Blake Thomas, (Juvenile), CRC009010CLANO, Arresting Officer
Michael Trill and Back-up Officer Ro mando Black and Officer John Kalimnios arrested and
charged Blake Thomas with Possession of Marijuana w/ Inte nt to Distribute. On September
28, 2000 Officer Trill made contact with Blake Thomas and twin brother, Brandon Thomas at
Harrison Park within the city limits of Tarpon Spri ngs. Trill parked his marked TSPD c ruiser,
blocking the exit. During his contact with the Thomas’, Officer Trill alleg es he “smelled fresh
unburned marijuana inside the defendants front pants pocket.” Subsequent search of both
subject and their vehicle revealed illegal contraband (marijuana).93
A Motion to Suppress was filed and granted by the Circuit C ourt Judge hearing the Motion.
The Order reflected th at, “This C ourt did not find credib le Sgt. Trill’ s testimony that he
smelled the odor of fresh marijuana, in open air, from ten to fifteen feet a way, from less that
a grand total of less that two ounces of the substance packa ged and enclosed in in dividual
plastic bag s, in three different locat ions.” The back-up officers (Kalimnois) testimony to
“detecting the odor…is likewise not credible.” Additionally, t he Court opinioned, “The Court
has also had the opportunity to observe Sgt. Trill’s demeanor in the courtroom and finds him
to be of imposing mien , such that it is without question tha t, once he determined that the
youths were not free to leave, his tone of voice and p hysical demeanor would surely
communicate that intent very clearly and unambiguously to any reason able person .” The
stop and search was un lawful. “Thi s court will concede to Sgt. Trill his unique and special
commanding demeanor, but, it will not concede to him the nose of a blood hound.”94
92
Order on Motion to Suppress, Honorable Dee Anna Farnell, dated June 12, 2000
93
State of Florida vs. Blake Thomas, court documents RE: Motion to Suppress
94
Order on Motion to Suppress, Honorable Marion Fleming, dated March 8, 2001
09/30/2005 32
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
ROBERT LINDSEY
Allegations of planting evidence, unlawful search and seizure, falsifying official
statements and perjury.
During the course of t his investig ation, Retired Pinellas County She riff’s Deputy Robe rt
Lindsey reported he witnessed an incident w herein he b elieves Officer Trill p lanted drug
evidence on a white female during a routine traffic stop.
Lindsey reported to FDLE that he witnessed the following incident:
Lindsey stated that approximately six to seven years ago, in approxi mately 199 7-1998,
Lindsey was working as a Deputy Sheriff assigned to t he Transport Unit, working the
evening shift. Lindsey stated that Lindsey and another PCSO Deput y (na me un known)
were dispatched to the Tarpon Springs Police Department to assist Vice/Narcotic U nits with
the transport of arrestee’s apprehended during a narcotics “Round-Up.” Lindsey sta ted that
on this particular occasion “things were quiet” so Lindsey and his partner decide to go out on
“patrol” until transportation services were needed.
While on patrol, Lind sey stated t hat Officer Trill allegedly st opped a vehicle, a s “th e driver
was known to be leavin g the area of a known crack house.” Lindsey watched Officer Trill
approached the vehicle and ordered the female out of the vehicle. Trill asked the driver if he
could search her vehicle and the white female responded “No.” Lindse y then heard Officer
Trill stated, “I don’t nee d your permission” an d then took custody of the females purse.
Lindsey stated that Trill took the purse and dump ed the contents on the hood of her vehicle.
Lindsey stated that evidence of ille gal contra band was found. Lindsey stated that Officer
Trill then ordered the female sit on the curb. Lindsey then observed Officer Trill sta nding in
front of the driver’s door and reaching into hi s right front po cket removed an item fr om his
pocket that was describ ed as “a ba ggie.” Lind sey did not see or could not describe what
was in the baggie. Officer Trill then leaned into t he vehicle bending over the seats as if he
was looking around. After a short period, Officer Trill ca me out of th e vehicle and stated,
“Oh, look what I found,” and produced a small je welers baggie of crack cocaine. Trill
alleged he found the drugs in plain view on the passenger’s side floorboard.
The female was arreste d and charg ed with Possession of Crack Cocaine. Lin dsey stated
that Trill th en placed th e baggie of cocaine amongst the it ems Officer Trill had du mped out
on the hood of the vehicle.
Additionally, Deputy Li ndsey recalled that so me years l ater he was transferre d to the
courthouse and was working as a Bailiff. T SPD Officers were test ifying in a hearing
regarding an unrelated arrest situation. Lind sey stated tha t it was clear to all p arties in the
courtroom that, “They (Officer Trill and another TSPD Officer) were lying.” Lind sey stated
that after the trial was over, Lindsey stated to the Assistant State Attorney (ASA) tr ying the
case, “How could you in good conscious allow those Officers to lie like that?” Lindsey stated
the ASA stated something to the effect, “We use what we got.” Lindsey then told t he
Assistant St ate Attorney that Lindsey observ ed Officer Trill plant evidence on an arrestee.
Lindsey stated that the ASA acted as if he did not believe him and no f urther questions were
asked.
*A document review of Tarpon Springs Police Department offense reports as well as Pinellas County
Jail records was conducted in an effort to identify a pot ential victim in this in cident. This effort was
met with negative results.
09/30/2005 33
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Allegations of armed sexual battery, false imprisonment and conspiracy to commit
sexual battery.
Former TSPD Officer reported t he following information to FDLE re garding
her employment as a Certified Police Officer wit h the City of Tarpon Spri ngs. It is important
to note that filed a complaint of “sexual bias” again st the City of Tarpon
Springs just prior to her departure. These alle gations were investigated internally by the
TSPD and were resolved as, unfounded. However, a se ttlement agreement wa s made
between and the City of Tarpon Springs to settle the ongoing dispute. 95
Former TSPD Officer was inter viewed and questioned about any criminal
activity she may have witnessed during her employ with the TSPD. An incident during which
believes Sgt.Trill fabricated evidence on a W/F arrestee was provided; however, the
victim was never interviewed nor was additional investigative activity conducted.
During the interview wit h she alleged that she was the victim of a sexual
battery perpetrated by co-worker, former TSPD Officer Romando Black.
reported t hat she was told by Sg t. Trill to end her sche duled shift , go home
and change her clothing and report to the Police Department of participate in an undercover
operation. Trill alleged ly told what to wear during the operation as well as directing
to leave her duty weapon in the car. On her way back to th e station to report for the
“operation” stated she was re-contacted by Sgt. Trill and told that she was to mee t
Officer Romando Black at an apartment compl ex off U.S. Highway 19 and to sta nd-by a t
that location until further instructed. Upon arriving at the apartment, Black was drinking
alcoholic beverages and the only pe rson at the “ briefing.” W hen attempted to steer
the conversation to the pending “o peration” Black cont inually change d the subje ct and
talked about personal matters. After a considerable amount of time and several calls to Sgt.
Trill, stated, “Once I realized something was wrong I wanted to leave.” Reportedly
Black kept making sexual advances toward . stated she had been at the
apartment approximate ly an hour and a half and got up in an a ttempt to leave the
apartment. Once the d oor was open, Black put his hand on the door to stop from
leaving the apartment a nd made a statement, “It’s not going to look good if you leave now.”
Black to ld h er that they “were still working on a deal and that Sgt. Trill was wait ing on a
phone call.” While at the front doo r stated, “Black started kissin g me. I go t scared
and attempted to u se my cell phone to call my mom. I star ted calling my mom and he took
the phone away and talked me o ut of u sing the phone. ” a ttempted to exit the
apartment by opening up the door, again, and Black shut t he door and held it closed. Black
then grabbed by the back of the hair an d pulled her down to the floor. Eventually,
while being held down, Black allege dly engaged in vaginal sexual intercourse with
Prior to lea ving, Black told that if she r eported this incident to anyone, “he would
make it worse for her.” told Black “to fu ck-off” and Black reminded her that she had
two children to think about.
stated she did n ot wish to p ursue this incident further owing chiefly to the fact she is
still employed as a Law Enforcement Officer with another police agency.
95
Settlement Agreement and General Release for all known and unknown claims, dated April 30, 2001
09/30/2005 34
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Additional investigative interviews with other law enforcement personnel revealed the
following information:
On August 5, 2003, a t elephone interview was conducted with former TSPD Sergeant
Ronald Surmin who was employe d by the Cit y of Tarpon Springs Police Depart ment
from June 2 , 1988 through Ma y 4, 2 001. Ron Surmin stated that he worked opposite
shifts from Sgt. Trill an d never witnessed any criminal mi sconduct by members of the
TSPD. Ho wever, Ron Surmin ad vised he wa s “suspiciou s” about the criminal cases
that Trill was making, as he was known to make a drug arrest, almost nightly, which was
“highly unu sual.” Sur min recalle d that often Sgt. Trill would take the rookie patrol
officers under his wing and show them various investigative techniques. Howe ver, the
newer TSPD officers n ever seemed to develop cases and /or had the amount of arrests
that Officer Trill did. Additionally, Surmin stated that Sgt. Trill, “had a unique way o f
dealing with people.” Adding, “Trill was aggressive, often abusive and instigated pe ople
in to react ing defensively.” Former Sgt. Surmin had other observations regarding the
administration of TSPD, which were not germane to this investigation.
On August 6, 2003, an interview was conducte d of former TSPD Offic er Eric Tinsle y.
Eric Tinsley was employed with the Tarpon Springs Police Department from February 9,
1995 to Jun e 12, 2002. Tinsley rep orted to FDLE that he p ersonally witnessed Michael
Trill con duct illega l se arches and reported that Trill wa s “verbally and physi cally
abusive” to individuals he arrested and/or had contact with while on patrol within the City
limits of Tar pon Springs. Tinsley to ld Agents th at it was co mmon knowledge that “ Trill
was a bully” but the command staff, “loved the way he operated.” Owin g to the fact that
Tinsley did not agree w ith Trill’s policing t echniques he “ steered clear of him” and was
considered a “loner.”
On Septe mber 15, 2003, an interview was c onducted of former T SPD officer Eric
Barcelo. Eric Barcelo was employed with the City of Tarpon Springs Police Department
from May 4, 2000 to June 6, 2002. Barcelo had no first hand knowledge of any cri minal
activity committed by members of the TSPD. Barcelo described Mike Trill as a “bad cop”
and if he wit nessed any improper activity would be reluctant to report it as Trill’s fat her-
in-law was a Sergeant at the depar tment and Trill was, “we ll insulated.” Barcelo stated
that the officers on Trill’s squad were “handpicked” and Barcelo was not one o f the
chosen ones. Barcelo stated there were instances where, “I heard complaints from folks
(defendants) that Trill p unched or k icked them but the com plaints were alway s m ade
after the fact.” Barcelo stated, “Trills reports were always well articulated.” Lastly, Eric
Barcelo stated that a ve ry close friend of his, TSPD Officer Albin Quinones, who is still
employed by the TSPD, “Warned me about Trill and Black, therefore I steered clear.”
On September 10, 20 03, former TSPD Officer Abe Carmack was contacted and
requested f or an interview by FDL E Agents. Abe Carma ck was employed with t he
Tarpon Springs Police Department from Nove mber 25, 2000 until h e resigned on
January 5, 2002. Carmack is cur rently employed as a Deputy She riff with the Pasco
County She riff’s Office. Abe Carmack stated that he would be willi ng to speak with
FDLE upon receiving a Subpoena Decus Tecum. On December 23, 2004 prior to
testifying be fore a Federal Grand Jury Abe Ca rmack responded to the FDLE for an
interview. Abe Carma ck worked f or Mike Tr ill during his employ with the TSPD and is
currently assigned as a Narcotics Officer with the Pasco County Sheriff’s Office.
Carmack did not have any information pertin ent to this investigation or alleges he
witnessed any illegal activity while working under the direction of Sgt. Michael Trill.
09/30/2005 35
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
On Septe mber 17, 2003, an intervi ew was con ducted of former TSPD Officer William
Harding. William Harding was e mployed with the City of Tarpon Springs from April 8,
1999 to Jun e 29, 2002. William Harding is curr ently employed as a Police Officer with
the City of Clearwater, Florida. Harding had no information pertinent to this
investigation, describ ing the Tarpon Springs Po lice Depart ment was one of the m ost
professional police age ncies he h as worked for/with. Harding reported that he is
personal friends with Michael Trill and has weekly contact with TSPD Sgt. James
MacKenzie, Michael Trill’s father-in law.
On January 13, 2004, an interview was conducted of Pinellas Count y Sheriff’s Office
Deputy Michael Papamichael . While employed with t he Dunedin Police Department
(1993-1994) Papamichael was “det ailed” to th e Tarpon S prings Police Department,
specifically under the direction of T SPD Officer Ed Ha yden to work in an undercover
capacity purchasing crack cocaine from local dr ug dealers. Papamichael was h ired by
the Pinellas County Sh eriff’s Office (approxima tely 1995) when the Dunedin Po lice
Department went defunct. Papamichael stated that in May of 1997 he was transferred to
the PCSO Narcotics B ureau and once-again assisted the TSPD with undercover drug
transactions. TSPD Detective Dan Rivera was his point of contact during this t ime.
Papamichael stated that he never observed any wrongdoing or suspect ed miscond uct
while working with the officers from the TSPD. Papamichael further advised that if he
observed any wrongdo ing or inappropriate acti vity he wo uld have re ported it to his
supervisors.
On January 23, 2004, an interview was conducted with former TSPD Officer Sean Wells
who was employed on and off with the City of Tarpon Springs from September 20, 1990
through April 1, 2001. Wells stated that he only worked u nder Trill’s command (afte r
being promoted) very i nfrequently as Wells was not a pa rt of the “club.” Wells stated
that Trill, Paul Carey, Derek Anderson and K ris Walguar nery were members of “the
club.” Wells reported th at he did no t observe any misconduct by members of the TSPD
pertinent to this investigation.
On January 27, 2004, a n interview was conducted with Pin ellas County Sheriff’s Office
Corporal Jeffrey Este rline. Esterline worked closely with me mber of the TSPD
narcotics of ficers specif ically Ed Hayden, James Campbe ll, Romand o Black, Daniel
Rivera and Michael Trill . When asked about h is relation ship with Mike Trill, Corpo ral
Esterline predicated his statement telling Agent s that Mike Trill is “aggressive” and “the
best cop I have ever h ad the opportunity to work with.” Esterline re ported he never
witnessed or has any information regarding any misconduct regarding the TSPD. During
the interview FDLE Ag ents asked Esterline when the l ast contact he has ha d with
Michael Trill and Esterline reported, “Over one year ago.” Upon being asked a bout
contact with anyone from the TSPD Esterline stated, “Over a year ago or more.”
During the course of t his investig ation it was learned t hat Corporal Esterline mislead
FDLE regarding his con tact and a ssociations with members of the TSPD. Some of the
this information was verified throug h documents obtained via further inquiry by F DLE
and as the result of a Federal Grand Jury Subpoena, thus are not subject to disclosure.
09/30/2005 36
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
On April 19 , 2004, an interview was conduct ed with Pin ellas County Sheriff’s Office
Deputy Matt McLane. McLane was employed by the City of Tarpon Springs Police
Department from February 14, 2002 to January 8, 2004. In s ummary, Matt McLane had
no information pertinent to this investigation.
On March 9, 2005, an Interview was conducted with former Tarpon Springs Police
Department Officer George “Dan” Parrish. Parrish was as a certified police officer with
the City of Tarpon Springs from November 15, 2001 to June 29, 2004. Parrish stated he
did not work under the c ommand of Sgt. Trill and spent the majority of h is shift work on
the “relief squad.” Parrish stated never witnessed illegal activity but advised overhearing
members of the evening shift being “verbally abu sive” to arrestees in the holding cells of
the department. Parrish stated th at while in the report writing room he would overhear
TSPD officers being ver bally abusive and swea ring at susp ects. Parrish gave several
examples wherein Parrish overheard officers telling people, “Shut the fuck up – mot her
fucker.” “You have the right to remain silent , so shut the fuck up,” “If you don’t shut up,
I’ll slam your head in the concrete.” Parrish reported that officer shift assignment would
have been based on a “bid” but Sgt. Trill would justify getting “certain people” on his shift
by telling the administrators “We have the highest arrest st ats, and these are the peo ple
I want on my shift.” T his group of Officers wa s often refer red to as t he “Nextel Club.”
The “Nextel Club” which consisted of Trill (the ringleader), John Spatz, Steve Monforti,
Scott Brockew, Chris Cornelius, Paul Carey (hot-tempe red), Derek Anderson, Chris
Walgaurnary and Romando Black. Parrish candidly rep orted to FD LE that Mike Trill
would influe nce young recruits “and take them under his wing.” Parrish reported that
Trill was well known in the depa rtment and bragged to other in a self-procl aimed
statement, “I am the n ecessary e vil.” Parri sh stated it would not surprise him if
members of Trill’s squad “planted dope” and that they “may have conducted ille gal
searches.” Parrish w as asked a bout report writing an d acknowle dged that it was
common practice for S gt. Trill to a uthor/write official po lice reports and have officers
under his command sign the report and/or the arrest affidavit.
On March 7, 2005, an interview was conducted of Pine llas County Sheriff’s Off ice
Deputy Steve Monforti. Steve Monforti was e mployed as a certif ied police officer with
the City of Tarpon Springs from Ju ne 15, 2000 to January 10, 2005. Monforti initially
refused to be interviewed by FDLE Agents without the benefit of a sub poena. Mo nforti
stated that his current roommate is TSPD Officer Chris Wa lguarnery currently assigned
to the PCSO HIDTA t askforce. Monforti st ated that he never witnessed any illegal
activity by any me mber of the TSPD and currently has limited contact with TSPD
officers.
During the month of March 2005, an interview was reque sted of City of Tampa Police
Department Officer Christopher Cornelius . Cornelius was employed as a TSPD
certified police officer from February 14, 2002 to February 2, 2004. Cornelius refused a
request for an interview and eventually an attorney with the West Florida Police
Benevolent Associatio n, acting at t he request of Cornelius, contacted FDLE. It was
agreed that Christopher Cornelius would voluntarily respond for an inter view regarding
his employment with the City of Tar pon Springs. Cornelius never scheduled an
interview.
09/30/2005 37
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
The followin g information is a syno psis of ad ditional inte lligence gath ered since the
instant investigation C L-14-0001 was initiate d. These complaints/ allegations were
generated as the result of unsolicited information provided to FDLE:
A sworn statement was given by a prot ected source that a pproximately $1,800.00
dollars and some “dope” was taken off a friend when “the friend” was stopped by
TSPD Officer Michael Trill and former TSPD Officer Romando Black. After TSPD
officers Trill and Black searched the subject, the U.S currency was ta ken and the
dope was t hrown in th e bushes. Later, the individual returned to the l ocation of the
incident and retrieved the dope out of the bushes.
Officer Matt McLane arrested subject Eric Dickson for Possession of Cocaine after
Dickson was consensually searched during a “citizen contact.” Dickson’s vehicle, a
1990 Honda CRX was impounded by the TSPD after Di ckson was arrested and
charged with Possession of Cocaine. Dickson does not dispute being in possession
of cocaine . Sometime after being released fro m jail, Eric Dickson an d his father
Dennis Dickson respon ded to the TSPD to re port damag e to the veh icle radio a nd
missing money from Dickson’ s seized vehicle. TSPD had in itiated forfeitur e
proceedings on the vehicle and was currently impounded for that purpose. Owing to
the allegatio ns of dama ge and mis sing money, TSPD Sgt. James Mc Kenzie was
assigned to conduct a follow-up inspection of the vehicle t o ascertain if the missin g
money was located and to verify if damage was sustained to the radio. During this
secondary search (post-impound) Sgt. McKenzie located dozens of ille gal items of
contraband (pills and ot her narcotics) in the console/compartment of the vehicle.
These items were not located by the original TSPD officer who conducted the vehicle
impound. Dickson d enies these ite ms were inside the vehicle during th e time of his
arrest.
Ms. Debora h Didonato made contact with TSPD Sgt. Mic hael Trill while Trill was
working an off-duty detail. Didon ato requeste d Sgt. Mike Trill keep a “look-out” for
her daughter, Katie Janise, who was missing (t here was no official ru naway repo rt
taken). Jan ise was believed to be in the comp any of her friend, Betsy Rutledge.
Sgt. Trill radioed on-duty Officer Larry Kobielnik requesting that Kobielnik respond
to the Rutle dge residence and “Se e if you can go and t ake the Rutle dge girl 10-15
(arrest) for something, if possible.”96 Kobielnik responded to the Rutledge residence
and upon his arrival made contact with Betsy Rutledge. During this contact, Officer
Kobielnik alleged he wa s the victim of a battery (slapped in the arm) by Rutledge .
Thus, Betsy Rutledge was arrested and charged with Battery on a Law Enforcement
Officer.97 Conflicting depo sitions regarding the facts of the ca se as well a s differing
police reports were given by Sgt. Tri ll and Officer Kobielnik.98 Based on the differing
testimony a nd disputed facts coup led with the fact that Kobielnik fa bricated the
charge, the Office of t he State At torney Noll e Prosequi the charges. 99 Officer
Kobielnik was subsequently fired owing to a false statement that he wa s battered by
Rutledge.
96
TSPD Transcript of radio traffic dated March 16, 2001
97
TSPD Offense Incident Report 2001-0842 authored by Officer Larry Kobielnik
98
Depositions given by former Officer Larry Kobielnik and Sgt. Michael Trill, dated May 10, 2001
99
No Prosecution letter dated July 3, 2001, State of Florida vs. Elizabeth Rutledge CRC0104578CFANO
09/30/2005 38
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Lamar Perry provided a sworn affidavit that Perry was stopp ed for DWLSR by TSPD
Sgt. Michael Trill and subsequently released a fter he agreed to “snitch” on “local
dopers.” P erry never h eld up to h is end of the deal and w as later charged with th e
DWLSR. Perry provi ded information that he had inf ormation regarding an
unidentified “friend” who was stopped by Sgt. Michael Trill searched and $1,500.00
in U. S. curr ency was fo und. Sgt. T rill allegedly took $700. 00 of the U. S. Currency
and then released the detainee.
During an undercover operation co nducted dur ing instant investigation CL-14-0001
intelligence information was gleaned that Sgt. Michael Trill and subject Kenny
Hayes, who is a confirmed drug trafficker, have a personal relationship . Informatio n
was provided by Kenny Hayes to an undercover operative that indicated Sgt. Michael
Trill conducted a traffic stop on Bobb y Hayes (Kenny’s brother) and located 22 rocks
of crack cocaine. Trill seized the cocaine and released Bobby Hayes.
A protected source provided information that a white female by the name of Christine
Petty was pulled over by TSPD and a "con sensual search" was conducted by
Officer Michael Trill. No contraband was found during this initial sear ch. Petty was
searched a second time by Officer Michael Trill and a small piece o f crack cocaine
was seized from Pett y’s shirt pocke t. During an intake int erview conducted by th e
Public Defe nders Office , Petty alleg ed that the drugs were planted. T SPD report
indicated that at the scene Petty was adamant that the cra ck did not belong to her .
TSPD offense report a uthored by Officer S. Gassen st ated that P etty accuse d
officers at the scene, Gassen and Trill, of planting the drugs.
Michael Bodrug reported that he was arreste d by Sgt. Michael Trill and Officer
Romando Black on “fabricated charges” which were “co ncocted” to justify illeg al
behavior. Bodrug alleges he was on his motorcycle, droppin g off a work er friend at
home, in th e “drug section of town.” As Bodrug was pulling out of the drivewa y,
Bodrug felt someone pull on the back of his t-shirt. Not knowing who was grabbing
him, Bodrug continued on his way feeling that he was about to be jumped “by a black
guy.” A short time later, a traffic stop was initiated by TSPD patrol of ficer. While
Bodrug was handing his driver’s license and registration to the unifo rm officer,
inquiring why he was stopped, Officer Michael Trill came running up, pushed Bodrug
in the chest and sta ted that he (Trill) knew why Bodrug was, “in the neighborhood.”
Bodrug stated that Trill, who was dressed in an all black un iform and wearing black
gloves, was "out of control." Without asking fo r consent, T rill reached into Bodrug
jacket po ckets and searched him, nothing illeg al was lo cated. Bodru g alleged h e
attempted to file a complaint with the TSPD and was told b y a department employe e
that they, "did not take complaints at that hour.”
Jesse Barte lloni was ar rested by TSPD Officer Scott Brockew for Possession of
Alprazolam after Officer Brockew, Officer Chris Cornelius and Officer John Spat z
responded to a disturba nce at the Shell Gas Station. Bartelloni allege s that durin g
the arrest he was injured by Sgt. Michael Trill. Bartelloni alleged that the charges of
“resisting” w ere fabricat ed and he was injured as a resu lt of Sgt. Trill’s excessive
behavior. Mrs. Bartelloni reported to FDLE that after being relea sed from t he
Pinellas County Jail, Jesse responded to the T SPD in an a ttempt to file a complaint
and to obtain a copy of the videotape allegedly capturing his arrest at the Shell Gas
Station. Bartelloni repo rted that he was told by a TSPD employee at the front desk
that “they did not have the evidence and that it was lost.”
09/30/2005 39
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Dondrae Byrnes related several occasions wh erein Byrnes alleges she was the
victim of ille gal sear ched conducte d by Sgt. Michael Trill and Officer Romando
Black. Byrnes stated that she could not walk down the street without being stopped,
harassed a nd illega lly searched b y Sgt. Trill. Byrnes al leges that Sgt. Trill ha s
dumped the contents of her purse on the trunk of his car without permission. During
one of these searched a “stem” (crack co caine pipe) was located insid e her purse
and Byrnes was arrest ed, and subsequently charged with Possession of Cocaine .
Byrnes stated that dur ing this and numerous contacts she has had with Mike Trill,
Trill is always verbally abusive, screams at her and is insistent that she should not be
dating “Lamar.” Byrne s related th ree other occasion s she alleges she was th e
victim of unprofessional and illegal behavior perpetrated on her by Sgt. Trill.
William Venetoff contacted the TSPD requesting to file a compliant regarding contact
Venetoff has had with Sgt. Michae l Trill. Apparently, Ven etoff was u pset with the
dialogue he was trying to establish with Captain Kochen and a verbal argument
ensued resulting in a termination of the conversation. Subsequently, Venetoff was
referred by Captain Kochen to FDLE in an atte mpt to have his complaint processe d.
Venetoff contacted FDLE reporting that he requested to file a compliant regarding his
displeasure with TSPD Sgt. Micha el Trill. Venetoff report ed that he has been th e
victim of an illegal arrest involving “tampering with physical evidence” charges, which
Venetoff alleges are no t true. A for mal statement was never taken from Venetoff as
he failed to provided requisite documents regarding his claim.
Arrestee Anthony Finn and witness Angela Fra nks allege Finn was fa lsely arrested
for charges stemming from a traffic sto p initiated by TSPD Officer Joh n
Angelakopoulos. Finn is reported to have fled from Officer Angelakop oulos while
Officer Angelakopoulos was attempting to make a traffic stop for running a stop sign.
During the chase, Finn, who was allegedly driving the suspect vehicle, crashed into a
tree near his girlfriends (Angela Franks) residence located at 637 E. Tarpon Avenue,
Tarpon Springs, Florida . During th e subseque nt investigation Angela Franks (wh o
was not involved in the incident) alleged that TSPD Officer John An gelakopoulos
and Officer Christoph er Corneliu s illegally searched her residence. Franks, in a
written affid avit alleges that TSPD officers au thored a fra udulent police report to
justify their illegal activit y and plant ed drug evi dence in her vehicle. Angela Franks
alleges officers illegally searched her residence, violating her constitutional rights.
James Lambert was arrested and charged by T SPD Officer John Angelakopoulos
with Possession of Cocaine and Possession of Marijuana after being stopped for
allegedly running a stop sign. Officers alleged t hat Lambert was attempting to elude
officers while TSPD was attempting to co nduct a traffic sto p. A knife, reportedly in
plain view, was seized from inside Lamber ts vehicle and a presumptive test was
conducted o n “residue” located on t he blade. Allegedly, th e “residue” on the kn ife
tested posit ive for the presence of cocaine. During a search of the vehicle,
predicated on allegations of “fleeing and eluding” a small p iece of aluminum foil was
located inside Lambert s vehicle a nd a presumptive test indicated p ositive for the
presence of marijuana. The Pinellas County Forensic laboratory conducted a
forensic exa mination of the seized knife (resid ue) and reported no presence of a
controlled substance. The seized foil showed “trace amo unts” of ma rijuana. All
criminal ch arges were subsequen tly dropped. After th e case was dismisse d,
Lambert responded to t he TSPD and took custody of his seized knife. Lambert
09/30/2005 40
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
reported to FDLE that the charges against him, specifically relating to t he “residue”
on the kn ife, (possession of cocain e) were fabricated. Lambert took possession of
the evidence (knife), in its origina l TSPD packaging and indicated he will see k
possible civil remedies regarding his false ar rest and vi olation of his civil right s.
Lambert insisted that th e substance on the knif e was resid ue from left from slicing
cheese. La mbert was adamant that he told t he TSPD of ficers on th e scene the
same information and the substance clearly resembled the film left on a knife blade
after it has been used to slice chee se. Lambert declined to give a formal statement
or provide the knife to FDLE for further exa mination. Lambert ad vised he is
suspicious of all law enforcement (owing to this incident) and afraid that statements
made may incriminate him and may be later used against him.
Information provided by former TSPD officer who believes that Rhonda Edwards was
arrested an d charged with attempt purchase of coca ine after a U C operation
involving Sgt. Michael Trill, who was acting in an undercover role. Trill allege s he
traded “crack for sex” with Edwa rds after an extensive conversation took pla ce
between both subject s. Edwards was searched inciden tal to arrest after Trill
accused Ed wards of agreeing to trade a piece of crack co caine for se x. Ed wards
was searched after she allegedly took possession of the suspected n arcotic. No
drugs (the fake crack cocaine used in the tran saction) were located on Edwards’s
person afte r a search incidental t o arrest. The Undercover (Sgt. Michael Trill)
insisted on being transported to the TSPD with defendant Edwards a nd while both
subjects were being tra nsported in the rear of the TSPD cruiser Trill alleged he
witnessed Edwards removed the previously un-located piece of crack cocaine and
placed same in the seats of the marked police vehicle. The cocaine was located by
the transporting officer after Edwards and Trill were re moved from th e rear of th e
cruiser.
Written cor respondence was received from Bobby Bowen who is current ly
incarcerated in a Florida Correctional Institut ion regarding an arrest occu rring in the
City of Tarp on Springs. Bowen wri tes that he was “set up” by Detective Michael
Trill and Detective Romando Black of the Tarpon Springs Police Department;
alleging that he was fal sely arrested and convi cted of a crime he did not commit.
Bowen reported that th e charges o f “Attempt Purchase of Cocaine” which Bowen
was arrested were fabricated; he was arrested for a false charge and is currently
incarcerated as the Officers (Trill a nd Black) g ave false/dif fering testimony durin g
Bowen’s trial. Bowen alleges that h e took the case to trial as he is not guilty of the
charges and Michael Trill lied during his test imony. Bowen stated that his attorney,
Charles Holloway, could verify this informat ion as well as the Office of the Public
Defender.
A protective source provided information that William Walla ce was the victim of a n
illegal search and se izure conducte d by Sgt. Michael Trill . Court reco rds indicate
that a Motion to Suppress was granted by the Circ uit Court based on an
improper/illegal search conducted by TSPD.
Information was received that George Arnold a ccused TSPD Sgt. Mic hael Trill of
planting evidence in his vehicle af ter Arnold was stopped for a traffic violation.
Arnold apparently contacted the St. Petersburg Times after reading articles featured
in the paper regarding the activities of Sgt. Michael Trill.
09/30/2005 41
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Terry Ca mpsen was arr ested by the TSPD on March 20, 2004 after be ing stopped
during a routine area check regard ing a “suspicious” male who had a llegedly ran
upon seeing a TSPD marked police cruiser. C ampsen was stopped sometime lat er
as he matched the de scription of the subject who ran. During the the “stop, ”
Campsen was arrested by the TSPD for Providing a False Name to L aw
Enforcement and Unlawful Use of a License. During a search incidenta l to arrest, a
small pocketknife was reportedly seized fro m Ca mpsen’s right fr ont pocket b y
Officer Thangh Nguyen. Officer Nguyen “inspected the pocket knife t hat belonged
to Campsen and discovered a small white residue substa nce on a plastic baggie
wedged inside the hand le below the blade (The plastic bag gie was 1/3 of a man’s
finger nail.)” Campsen was charge s with possession of cocaine. During an intake
interview with the Office of the Public Defender Campsen categorically denied being
in possession of a knife at the time of his arrest . The Office of the Public Defend er
requested Campsen take a polygra ph regarding these allegations. The Polygraph
Examiner who administered the examination believes Campsen was truthful during
the interview. The Offi ce of the Public Defender reported to FDLE t hat Campse n
passed a polygraph specifically regarding his denial of possessing a pocketknife and
being in po ssession of cocaine. F DLE referred the Public Defender’s Office to the
TSPD for a formal investigation into the matter.
An individual, who wi shed to remain anonymous, pro vided information and
observations that were made while he frequent ed a lounge/bar located in the City of
Tarpon Springs, Florida . The source advised that while a patron at “The Zone Art
Lounge” located at 121 E. Tarpon Avenue, Tarpon Springs, Florida he observed Sgt.
Michael Trill up near th e bar area o f the establishment with a brown cardboard box
in his po ssession. The source did n ot think anyt hing of his o bservations at the time
and had no personal contact with Mike Trill on this date. The source stated that he is
not friends with Mike T rill but has f riends who are acquainted with Tri ll. On a later
occasion, th e source was speaking with the owner of the establishm ent and the
subject of Mike Trill came up. The owner, Jeff Moore, advised the source that
Michael Trill is no longer allowed t o frequent t he bar. Upon further inquiry, the
source was advised by Jeff Moore that Trill had a box with him that “was filled wit h
drugs.” Jeff Moore told the source t hat he observed the contents of “the box” and i t
contained “crack, baggie's, paraphernalia and sp oons.” Jeff told the source that Trill
“was bragging to patrons in the bar about the contents of the box.” The source could
not advise if Trill was “on or off duty.” Additionally, the source stated th at he recalls
the night, as he personally observed Mike Trill in the bar with a cardboard box. The
source did not observe or have any knowledge of the contents of the box prior to his
conversation with the bar owner Jeff Moore. The sou rce also told FDLE tha t
another friend of his, who he refused to be identified, also observed the contents of
the box. Th is individual told the sou rce that he observed the box contained zip lock
baggie's, spoons and other types of drug paraphernalia. The source advised that the
incident had to have occurred sometime after February 2004.
FDLE was contacted by the Pinellas Count y Sheriff’s Office who advised a Depu ty
was taking a criminal complaint regarding the T SPD from an individual by the name
of Larry Black. Bla ck phoned the PCSO and requested to see a Deputy Sheriff
about an alleged brutalit y complaint against the TSPD. Larry Black rep orted to the
PCSO that he was dra gged across the sidewalk and kicked numerous times by
TSPD Officer John Angelakopoulos and Officer Ro bert White. Black was
arrested on July 29, 2004 after being charged with disorderly conduct. An
09/30/2005 42
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
investigation into the allegations we re referred and investig ated by the TSPD and
subsequently closed, unfounded. The case was unfounded due to the f act, “... there
is no evide nce to supp ort any complaint by Mr. Black reg arding this issue.” It is
important to note that the victim, L arry Black, failed to coo perate with investigators
after repeated requests for an interview. It is also pertinent t hat Larry Black has filed
intent of Notice to Sue in the Federal Civil Court, Middle District of Florida.
Citizen Mingo Vera contacted FDLE stating he was unlawfully arrested for Battery on
a Law Enfo rcement Off icer and the charges were subsequently dropped. Vera
stated that Officer Sco tt Osarczuk lied about t he facts an d circumsta nces of their
encounter in the official police report. In summary, Vera alleges that he was illegally
arrested by me mbers of the TSPD, spec ifically Sgt. E. Miller and Officer S.
Osarczuk. Vera alleg es that the officers allegedly battered him and fabricate d
statements in the police report to bolster the ch arges placed against him. Vera also
alleges that his fourteen-year-old son, Raphael Morales (juvenile), also arrested, was
the victim o f unnecessary and e xcessive force. Mingo disputes th e events th at
occurred aft er the TSPD arrived on scene. Mingo was referred by FDLE to file a
complaint with the TSPD. Vera advised that he refused to file a complaint with TSPD
regarding the officer’s a ctions, as he does not t rust them. Vera stated that he has
sought legal advice from an attorn ey for possible civil ra mifications. Vera alleged
that the report authored by Officer Dennis Kraft is an accurate depiction of what
occurred but several statement made in the supplemental report authored by Officer
Scott Osarczuk are false, specifi cally regarding the allegatio ns that Sgt. Miller was
punched.
Mrs. Diane Nicholas co ntacted the FDLE Clearwater Field Office and advised that
her son, Sp encer Nicholas, was arrested by members of t he Tarpon Springs Police
Department and was the victim of police brut ality and corruption. Spencer Nicholas
(juvenile) re ported to F DLE that he was unlawf ully detaine d and arrest ed by TSPD
Officer Rob ert White and Officer Thangh Nguyen on th e night of September 15,
2004. Nicholas allege s that Officer White grabbed him a nd pushed him to the
ground after making contact with Nicholas while TSPD was investigating a “bee r
snatching” at a local gas station. Aft er Nicholas was arrested and placed in the rear
of a TSPD cruiser Nicholas repo rted that the female clerk from the Sunoco
responded to his location to identify the thief, TSPD was told by th e clerk that
Nicholas was not the perpetrator. Nicholas stated that after the clerk failed t o
identify him “he went b erserk.” At that time, Officer Whit e pulled h im out of the
cruiser, threw him on th e ground an d kneed him in the back in an attempt to hog-t ie
him. During this time Nicholas all eges that Officer White was calling him a “puss y
Greek” and stated, “”I finally got y ou, you litt le pussy.” Nicholas a lleges that t he
TSPD fabricated information in the police report to justify their illegal use of force and
false arrest. The Nicholas’ family was referr ed by FDLE to the TSPD to file a formal
complaint.
On or abo ut October 8, 2004 of a citizen Deanna Cullinan was arrested for
Possession of Cocaine by TSPD Officer John Spatz. Apparently, TSPD Officer
Spatz stopped Cullinan for a “citize n contact” a fter Spatz observed Cullinan walkin g
down the street in a “high crime area” within the City Limits of Tarpon Springs. Afte r
stopping Cullinan, Officer Spatz “re quested” Cullinan open her clenche d fist, which
was hanging down the side of her body. Officer Spatz testified the request was
09/30/2005 43
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
made for “officer safety” purposes. Two rocks of crack co caine were located after
Cullinan opened her closed fist. T he Office of the Public Defender filed a Motion to
Suppress the evidence alleging the search was illegal chiefly owing to the size of the
offenders (Cullinan’s) fist coupled with statements alleged by Office Spatz regarding
a “high crime area.” A hearing regarding this matter was heard by the honorable
Douglas Baird on February 4, 2005 and the motion was granted, by written order, on
February 15, 2005.
Jessica Shea reported to FDLE that she was st opped in Ta rpon Springs for a traffic
violation by a male off icer describ ed as, short, stocky with dark ha ir. During th e
traffic stop, TSPD Officer John Spatz and Officer Ro bert White located non-
prescribed OxyContin t ablets on the driver’s seat, Shea was arrested and charged
with possession of Oxyc odone. During a search of the vehicle, Shea alle ges Officer
Spatz locat ed two thousand dolla rs ($2,000. 00) under the passeng er’s seat of
Shea’s vehicle. Shea a lleges she had another one- thousand dollars hidden in her
underwear, which was later found b y Pinellas County Jail personnel. Jessica Shea
claims that she witnessed Officer Spatz remove the curre ncy from th e vehicle and
place it in side the waistband of his uniform. Shea stated that she acquired th e
money from her income tax return a nd through selling drug s. Shea accused Officer
Spatz of stealing the $2,000.00 b ut indicted she did not wish to file a complain t
regarding th e theft, a s she “did not want to g et her head blown off.” Shea also
reported that while at the location of the traffic stop a back-up officer described as tall
and blonde was ridiculing her calling her a “crack-head” and “crackie” continually
belittling he r. After ag reeing to submit to a polygraph examination regarding th e
theft, Jessica Shea refused to cooperate.
09/30/2005 44
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
A review of internal T arpon Springs Police Department i.e., perso nnel files, police
training file s, yearly p erformance evaluations, miscellan eous intern al memoran dums,
internal affa irs complian t files etc. r egarding Sgt. Michael Trill and Officer Roma ndo
Black reveal the following:
Michael Trill
Officer Mich ael Trill wa s hired as a Certified Police Officer with the City of Ta rpon
Springs on July 24, 1995 and was promoted to Police Se rgeant on o r about May 6,
1999.
Yearly employee yearly appraisals all reflect satisfactory evaluations. During evaluation
period 10/1/1996 through 09/30/1997 Officer Trill recei ved a Meritorious Ye arly
Evaluation, which resulted in a five (5) percent, pay increase.
A review of Michael Trills personnel file revealed approximately 14 letters of appreciation
from citizens and/or internal memorandum’s of commendation.
Internal affairs documents and other citizen complaints files revealed:
On November 29, 1999 Officer Trill was suspe nded from duty without pay for three
days with mandatory sensitivity training as the results of an internal investigation as the
result of six incidents of alleged misconduct. 100 T he investigation determined that Sgt .
Trill was found to be in violation of City Rules a nd Regulations, Rule 18 that reads; Has
been offensive in his conduct or language toward his fellow employees, City officers, or
the public. Further, the memorandum of discipline reflects, “Any further incident s would
lead to the progressive disciplinary procedure which includes demotion/dismissal.”101
On October 29, 200 3 Sergeant Trill was su spended fro m duty without pay for five
days and twenty discipline points as the result of an inquiry into the accidental disch arge
of Sgt. Trill’ s firearm while inside t he police station. Essentially, whi le conduct ing a
training exercise with Recruit Officer Michelle Hayward, Sgt. Trill accid entally fired his
off-duty weapon into his desk and the wall behind it. 102 The inquiry determined that Sgt.
Trill was found to be in violation of two rules violations; Mistake due to carelessness
which affect the safety of person o f City personnel, of the public, equ ipment, tools or
property and Violating a safety rule where the violation endangers th e welfare of City
personnel or the public, property or equipment.103
TSPD Internal Memora ndum obtained by FDLE, which were authore d by Sgt. Michael
Trill to Operations C aptain Rob ert Kochen , revealed that Sgt. Trill auth ored
approximately seventeen (17) official memora ndums informing Capt ain Kochen of
incidents th at Trill belie ved could p otentially result in a complaint. All the documents
listed Sgt. Trill a s the person to whom the complaint may be against. T hese
memorandums, dated f rom 1999-2002 were in regard to contact Sgt Trill had with
citizens involving varying types of police service or requests for police service.
100
TSPD Memorandum from Captain Ronnie Holt to Chief Mark LeCouris dated November 22, 1999
101
City of Tarpon Springs Chiefs Interoffice Memorandum #99-0053
102
TSPD Memorandum from Captain Ronnie Holt to Chief Mark LeCouris dated October 22, 2003
103
City of Tarpon Springs Chief’s Memo #03-0038
09/30/2005 45
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Four formal complaints involving Sgt. Trill were provided to FDLE by the TSPD for
review, all the inquiries were determined by TSPD command staff to be unfounded.
The followin g documents provided by the TSPD indicate t hat Sgt. Mi chael Trill h as
discharged his weapon, in the line of duty, under the following conditions:
On Nove mber 28, 2001 two rounds were fired from Smith and Wesso n 9mm
handgun to kill an Opossum.
On October 23, 2002 two rounds were fired from a Remingto n shotgun to kill a
snake.
On March 25, 2003 o ne slug wa s fired from a Remington Shotgun in an
attempt to kill a vicious dog. The shot missed and the dog went awol.
On October 29, 2003 one round was fired f rom “off-duty” weapon while
conducting a training exercise inside the police department.
A review of Michael Tri ll’s Use of Force repor ts showed t hat Sgt. Tril l authored t hirty-
seven (37)*104 use of force reports, which provided the following information:
1995 – One (1) Use of Force Reports
1996 – Nine (9) Use of Force Reports
1997 – Seven (7) Use of Force Reports
1998 – Three (3) Use of Force Reports
1999 – No Reports
2000 - Three (3) Use of Force Reports
2001 – Five (5) Use of Force Reports
2002 – Six (6) Use of Force Reports
2003 – Three (3) Use of Force Reports (January – May 2003)
TSPD Gen eral Order #6 dated 1/ 2/1996 rea ds: The Use of For ce Form will be
completed by the officer in any of the following circumstances.
The member uses physical or defensive force on any individual
The member uses defensive equipment on any individual
There is visible injury to the arrested person
The arrested person complains of injury
The arrested person requires medical attention.
A report review and subject interviews conduct ed by FDL E regarding Sgt. Michael Trill
indicate several arrests where force (physical o r defensive) was used on an arrestee,
were not d ocumented in a Use of Force report. Use of Force reports listed ab ove
resulted in either injury, hospitalization of the defendant, use of leg restr ains (Hobbles),
or both.On Tuesday, October 26, 2 004, electro nic corresp ondence was received f rom
TSPD Captain Ron Holt indicating that Michael Trill has been formally notified (in writing)
of the FDLE criminal inquiry.
104
*It is important to note that these Use of Force Reports were authored by Michael Trill
is unknown what additio nal incident s Michael T rill was invo lved but were authored by
other TSPD employees.
09/30/2005 46
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
Romando Black
Former Officer Romando Black was hired as a Certified Police Officer with the TSPD on
or about August 30, 1990.
Employee yearly evaluations were not received as the result of a FDLE records request
A review of Romando Black’s personnel file revealed:
On May 2, 1991 a written reprimand was given to Officer Black for being late for duty on
April 16, 1991 and for failure to attend read-off for a special event March 24, 1991.
On May 14, 1991 Officer Black was suspended from duty without pay for failing to report
to duty for a mandatory firearms training course.
On August 19, 1993 a written reprimand was given to Officer Black for two incidents of
tardiness, July 5, 1993 and July 31, 1993.
On February 8, 1994 Of ficer Black was suspended without pay for one (1) day for b eing
late for a special detail.
On July 28, 1994 a wri tten counse ling session was given to Officer Black regar ding
Officer Black not being prepared to testify at a Motion to Suppress Hearing involving a
traffic citation.
On July 29, 1994 Officer Black was suspended from dut y for five worki ng days wit hout
pay regarding continued tardiness.
On April 16, 2002 a written reprimand was given to Offic er Black for a violation of
General Order 29B relating to turning in reports on time.
On March 28, 2002, Officer Black was involved in s single vehicle accident wher e he
rear-ended a stopped vehicle.
On July 11, 2002 Office r Black was involved in another accident where it was belie ved
that Officer Black passed out behind the wheel of a TSPD marked c ruiser while on
routine patrol. Another officer riding with Officer Black at the time of the accident alleged
Officer Black appeared catatonic. On July 1 2, 2002 Romando Black was placed on
administrative leave and then was out on sick leave. On July 12, 2002 Officer Black was
referred to t he DHSMV for a re-e xamination based on allegations of having seizures.
FDLE Cri minal Justice Professionalism Program official records report that Black was
separated f rom the TSPD on November 13, 2002. The reason for the separa tion
indicates, Retired.105
One formal complaints involving Off icer Bl ack was provided to FDLE by the TSPD fo r
review, the complaint involved “missing money” and was determined by TSPD command
staff to be unfounded.
105
FDLE Professionalism Records; Romando M. Black hired December 11, 1990 , separated November 13, 2002
09/30/2005 47
SA Sharon L. Feola
Clearwater Field Office
FDLE Investigative Summary
Operation Songbird CL-14-0001
A review of Romando Black’s Use o f Force rep orts showed that Officer Black authored
four (4) use of force reports from 1990-2002.
Additional information developed regarding Romando Black shows that Ro mando
Black’s driving privileges were revo ked by the Department of Highway Safety and Motor
Vehicles (DHSMV) on September 20, 2002 for failing to f ile a medical report rega rding
his alleged seizures. Additionally, Black’s driving privileges were suspended by DHSMV
on September 26, 2003 for failing to pay a fine for an accident Black was involved during
the summer of 2003. L astly, Black was charged with Driving While Lice nse Suspended
and Revoked on July 30, 2004.
09/30/2005 48
SA Sharon L. Feola
Clearwater Field Office