Part 2 – The Trayvon Martin Cover Up: “Hurley Blows A Gasket”

On February 26th Trayvon Martin was killed by George Zimmerman in a claimed self-defense shooting.   The claim by George Zimmerman would be bolstered by, forensics, witness statements, and subsequent Sanford Police investigation.

On February 29th as part of the investigation, according to investigative affairs within the Miami-Dade School Police Department, Detective Steven Hadley received a phone call from Sanford Police Dept Randy Smith.  [internal documents note Smith as both a Lieutenant and a sergeant - some confusion there]

Smith was requesting background information on shooting victim Trayvon Martin to complete a victimology report.   Hadley told Smith the Miami-Dade School Police dept fax number and asked him to submit his request in writing on letterhead from Sanford PD.

FOIA Preview

Upon receipt of the request in Miami Detective Hadley told Sergent William Tagle of the request who instructed him to access the Record Management System (RMS).   Hadley input Trayvon Martin’s information into the RMS system and located a police report.   Hadley informed Tagle of the report and was told to provide it to [Lieutenant/Sergeant] Smith.

Hadley faxed the report (8 pages) to Smith and then called Sanford Police Dept and confirmed reception by Randy Smith.   Having no further use of the printed data, Hadley, according to a later sworn statement, then shredded the report.

A few weeks later, On Monday March 26th, 2012, Frances Robles from the Miami Herald ran a story outlining that a police report existed with Trayvon Martin, and also accounted for another report about possibly stolen jewelry in possession of Trayvon Martin, and a screwdriver identified by school authorities as a “burglary” tool.  “Multiple Suspensions Paint Complicated Portrait of Trayvon Martin”

This article led to Miami-Dade School Police Department Police Chief Charles Hurley launching an Internal Affairs investigation into possible leaks and violations of Standard Operating Procedure:

MDSPD 1

Chief Hurleys position, bolstered by internal counsel affirmation, was that the report mentioned was not subject to FOIA public access due to the reports being considered consequential for “school discipline” and not the “criminal justice system”.

MDSPD 2

On the same date the Miami Herald ran the article, the M-DSPD responded to the Herald’s FOIA request for copies of the police reports with the following e-mail:

mdspd 3

It might seem a little odd that police engagement activity (police reports) can be divided by whether it takes place in the educational setting, or as a matter of “off school” engagement with the Police Dept.

But it is a position the Police Chief himself affirmed/espoused – which was supported by the School Board Superintendent who appointed him, and the “Board Attorney’s”:

mdspd 4

Understanding the motive to qualify the police engagements by both the School Superintendent, and the School Police Chief, you cut to the heart of the issue that surfaces surrounding the Trayvon Martin case; and the involvement of Martin with the Miami-Dade School Police Dept.

Claiming that their police reports were not created for the purposes of law enforcement, but for school disciplinary actions – takes you to a place where many of the alarming revelations about M-DSPD instructions from Hurley.

When the Internal Affairs investigation was launched by Chief Hurley, against his own General Investigations Unit (GIU) team, he opened a can of worms that ultimately led to his removal from his office once the investigation was complete.

Hurley’s goal, according to sworn statements by those he instructed, was to divert kids away from Criminal Records by manipulating the police reports,  and changing information to avoid bad optical statistics that would not look good on his record.

Trayvon Martin was one of those “statistics” to avoid recording.

Trayvon would have just been another hidden statistic if it were not for the high-profile the case took because of the media driven public interest.

As soon as Hurley realized that “Trayvon’s REAL Story” presented a risk to the optical scheme he coordinated within Miami Dade Public Schools - things got ugly and a coverup began.

Here is a partial sworn statement of Sergeant William Tagle - taken Thursday May 3rd, 2012 @12:15pm  - regarding Trayvon Martin and M-DSPD as it pertains to the internal investigation:  (*note the redacted name is “Trayvon Martin” and also the abbreviation “TM”)

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mdspd 10

mdspd 11

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Summary:

Recapping what is above -  It has come to light that former Miami-Dade School Police Chief Charles J Hurley used his office, and position, to pressure at least six officers within the Miami-Dade School police department to manipulate records of engaged young persons within the school district to create the appearance of improvement.

A diversion program, combined with a fraudulent avoidance program.

Trayvon Martin was one of those “statistics” within the school system, whose behaviors brought him into contact with the police, but because of the police Chief’s mandates to his officers, Trayvon Martin, along with others troubled students, was intentionally not engaged with the Criminal Justice System.

Instead, (like the example of the back pack with Jewelry and a burglary tool) of recording the issue with the authorities – and investigating the issue – the Krop Senior High School  Resource Officer, Dunn, was given instructions to fill out the report as just “found jewelry” without attribution to any student (ie Trayvon) – even though it was found in his back pack, so that no criminal investigation was warranted.  [The same approach was taken with the Marijuana Pipe and Marijuana baggie which was categorized as "tobacco"].

The jewelry was then taken to police evidence storage where it just sat, unattended, until file number T-08809 was mysteriously identified “post shooting”; and demanded attention.

The jewelry was initially defined as related to school discipline - so as to avoid engaging the Juvenile Justice System;  and later, because of the way it was defined/cataloged, it simultaneously enjoy the benefit of FOIA discovery avoidance.

This is only the TIP of the iceberg.   There are hundreds and hundreds of pages of sworn statements outlining similar coordinated activity, and much more about Trayvon Martin - All apparently within the M-DSPD so they could retain appearances like this media release below from just before the shooting:

M-DSPD Media Advisory - Copy

Much more will follow – we are still organizing all the information; and reviewing all of the sworn statements.

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181 Responses to Part 2 – The Trayvon Martin Cover Up: “Hurley Blows A Gasket”

  1. LOu says:

    I knew the first suspension was for criminal mischief. think about it. Frances Robles was the one who put out that misinfo. there wasn’t any suspension for tardiness. first of all, suspending for tardiness illegal according to the Code of Student Conduct. Michelle Kypriss is a LIAR!

  2. Unicron says:

    It’s sad that keeping up appearances was more important to them than the truth.

    • Rick Madigan says:

      Never known so much lying and cheating in America, as has happened since Obama took office: There goes America!

      It reminds me of D’Souza’s documentary “Obama 2016,” talking about how Obama is America’s first “third world President,” as such, we are seeing third world values of corruption and deception all around, from the top down.

      • arkansasmimi says:

        Rick, I personally do not like Obama, but IMHO, there is and has been lying and cheating going on in office, FOREVER. Its just to what degree I guess. JMHO

        • ctdar says:

          Never to this magnitude of intent to crash economy and very foundation/constition that the country was built on.

        • Sharon says:

          I disagree, mimi. This is far more than just “a matter of degree.” His manner of practicing public lawlessness and forcing things against the will of the people is remarkable, and sets a standard for others to practice lawlessness and forcible government that is contrary to both our Constitution and our Declaration of Independence.

          Even if it were the same as what has gone on “forever” the degree of it, alone, should be highly alarming. I would not think a person could find any comfort in so qualifying it.

          • pbunyan says:

            He does what he does because he can– he knows that not only will no one stop him, but most are simply clueless. The major media has been tending leftist for the last 50 -60 years, but now it’s gotten to where it is nothing more than a department within the administration. We have a state run media just like in any other communist country. Thank God for the internet so at least some of the people know the truth. Hopefully it won’t be too little too late.

          • John VI says:

            Obama is double covered. The media covers up bad behaviour by blacks so blatantly that if you read a story and they DONT mention the race of the perpetrators, you can almost automatically assume they are black. Then they cover up the dems crap left right and center. NO ONE has ever called out obama on his crap his entire life. Kind of like we are seeing here with trayvon. Why would he assume that would change? No consequences in your life leads you to take rediculously large risks, particularly when you believe someone else will pay the price ( see Cyprus Banks, Wall street, goldman Sacs, etc etc )

  3. auscitizenmom says:

    This is such a huge story.

  4. doodahdaze says:

    What is REPA and the compliance office?

    • cboldt says:

      Do you mean FERPA? That is Family Educational Rights and Privacy Act, a federal law that regulates disclosure of student records. I would have to look at the context for “compliance office,” but speculate the reference is to an internal department that is expert at authorizing and limiting disclosures so as to be in compliance with all manner of disclosure law.

      • Sharon says:

        And the existence of that body and that “process” is being used, along with an “internal police department” to prevent law enforcement issues from being dealt with as law enforcement issues. This reminds me of the post a couple of weeks ago documenting some college (I believe also in Florida) that was campaigning to have its own police department (where the town/county cops couldn’t come) suggesting that they want to have separate records and no public light on what goes on there. Same thing here.

        This is not just happening now. This is the implementation of something that has been in the works for a very long time. We are not accustomed to thinking long range in planning for undercutting our Constitutional/representative Republic like they are, so we are slow to comprehend the import of the thing.

        Dot-connect we must. Skip getting upset and introspective and go straight to flat-out resistance.

  5. cboldt says:

    Well, my speculation that recording the jewely as “found” was reflecting nothing more than lack of probable cause turns out to be wrong. The report was jiggered to disassociate Martin from the jewelry. At least that recording mischief has been corrected, but the presence of mischief sure does make the rest of the internal police reporting suspect as to accuracy.

    Further, the internal investigation shows a clear awareness of the politics of the Martin death, and that awareness apepars to have affected the handling of evidence and information in a way that is potentially detrimental to Zimmerman’s defense.

    I also see FDLE involvement as requesting information, and wonder if FDLE’s findings from M-DSPD have been provided to Zimmerman.

    • doodahdaze says:

      It appears that rather than deal directly with the severe crime and law and order problems with young blacks. The guvmint is covering them up and avoiding them like the plague. No wonder there is all the gang related violence and crime. Problem identified…cover it up.

      • myopiafree says:

        Hi Doo Dah Daze – This seems to be chronic in Chicago. The last shooting by a “Black”, is where he killed that person from the White House. This THUG had been picked up with an illegal pistol in the previous months. That is a felony – with a prison sentence of five years. What did they do for this “perp”? They RELEASED HIM, so he got another pistol – and killed this young girl. Now the DEMAND is for “more gun laws”? This is truly a screwed up system, where the criminal is CAUGHT, and then released to “do it again”. This is why Chicago has a murder rate of 500 per year. They must “protect” the people in this “culture” from being put in prison – for the crimes they are committing.

        • cboldt says:

          Same MO as fast ‘n’ furious. Arm the thugs to obtain violence; use the violence to justify policy that disarms the law abiding.

        • doodahdaze says:

          Next they will be hiding the bodies. This is really over the top. All this to show better stats? Must be a deeper reason. Maybe $$$? What is the motive for faking the numbers in black juvenile crime rates?

          • Sharon says:

            I think the motive is to (1) avoid solving the problem, because solving the problem (2) cuts off the cash flow and attention of government programs at all levels and (3) cuts off the career tracks of those who live for this kind of endless chaos (think BGI) and finally (4) they will not tolerate the dilution of their reason for being in power. Their places of power (individually, in the community, professionally, paycheck-wise) are directly tied to working the angles on this kind of lawlessness, corruption and dysfunction. It’s intentional. The better stats are a tiny part of the plan they’re working. No different that the test stats in Philadelphia. Dishonesty, theft and corruption make a lot of sense in the hands of those whose goals require excellent dishonesty, flawless theft and deep-seated corruption.

            • John VI says:

              I Dont think its for money, or careers or conservation of their own power. They ideologically cant deal with the dissonance. If white or asian kids commited the same crimes at the same rates as the black students, they wouldnt have to bother covering anything up, but when blacks commit crimes at a rate 8X the white average and 12X the asian average, no matter how much money they throw at the problem, well, thier psyches cant handle the attack on their beliefs. It has to be wrong, so they change it to make it fit with thier world view. They are literally arguing with reality, losing, and patting themselves on the back for hiding the evidence.

              • Sharon says:

                Yeah, in the close-in pic, I think you’re right. The things I mentioned probably have to do with driving the larger infrastructure and are the motivation for those who are keeping the picture in focus for these folks.

            • doodahdaze says:

              I think, unfortunately you have hit the nail squarely on the head. !00% correct. You win my cynic of the week award.

              • auscitizenmom says:

                I’ll thrown in with this, too. It covers everything.

              • Sharon says:

                It’s not my desire to be cynical as an end in itself. Unfortunately, saying what is so in a culture accustomed to (and somewhat dependent on) deception can sure look cynical. I’d like to be known as someone who speaks the truth, but I truly do not want to be a cynic. :)

                Psalm 27:13 helps me see sanity, “I would have lost heart, unless I had believed that I would see the goodness of the Lord in the land of the living.” It is desperately important that in our determination to expose evil, it doesn’t become a black hole that redefines us.

          • auscitizenmom says:

            Somebody wants them to be lawless, chaotic, ruthless, and dangerous. Just preparaton to show the need to declare Martial Law.

          • cajunkelly says:

            And those they do arrest, the “just us” department declines prosecution:

            http://www.foxnews.com/politics/2013/02/25/gun-debate-gun-crime-prosecutions-on-decline-amid-call-for-more-laws/

  6. arkansasmimi says:

    WOW!!!!

  7. Chip Bennett says:

    Not the sharpest tool in the shed is Hurley, eh?

    When trying to cover up your shenanigans, the last thing you do is open a formal investigation into those who you think are “leaking” the information you’re wrongfully trying to cover up.

    • canadacan says:

      I couldn’t believe my eyes when I saw that. since when do you investigate people for not cooperating with a crime

      • auscitizenmom says:

        Isn’t it obvious?? It is arrogance. The whole BGI is so full of it because they are getting away with it. Grrrrrr. Just maybe not this time.

        • tara says:

          I was thinking Hurley was forced by the people above him to initiate the investigation. He probably didn’t want to!

          • Sharon says:

            Oh. That must be it.

            • tara says:

              I want to elaborate. Hurley didn’t want to initiate the investigation because he knew he’d be caught. Now whether or not someone above him knew what he was doing, that’s a question. Did the people above throw him under the bus? Or were they completely unaware of what he was doing?

              • Sharon says:

                Hurley didn’t want to initiate the investigation because he knew he’d be caught.

                I don’t understand–is this your opinion or do you know this as fact? As much of a “closed system” as they had going, and considering the hell SD went through to get this FOIA request honored, I can’t think Hurley would had any real fear of getting caught.

            • auscitizenmom says:

              Very likely.

        • jello333 says:

          Ha! “Arrogance”… check out my 8:06 comment. ;)

      • Sharon says:

        Those being investigated are pretty persistent about asking “exactly what is it I’m being charged with doing” and it takes some doing for the investigator questioning them to finally say exactly what it is. It’s along the lines of — you “were potentially involved…..”

        Oh. IOW, “We think it looked like you might be thinking about doing something, so we’re going to investigate you for doing it, even though you never did….”

      • jello333 says:

        It’s called arrogance. He thought he was SO right, and had things all figured out. His actions were “for a good cause” in his mind, and so even if they were exposed, he would just argue his point and people would pat him on the back for being so “creative”.

    • Sharon says:

      It’s always baffling to watch them illustrate their assumptions that they themselves are impervious to law and order.

    • John Galt says:

      Who is protecting this stupid $!$%#@! ?

  8. Unicron says:

    So, when Serino was telling George that Trayvon was a good kid, not a goon, clean record… all that sort of thing was he:

    1.) Lying to see GZ’s reaction, tighten the screws
    2.) Lied to by M-DSPD via their record keeping shenanigans?

    • cboldt says:

      Or, the report that M-DSPD forwarded to SPD’s R. Smith never made it to Serino.

      I don’t recall the exact timing of that remark to Zimmerman, by Serino. It may have been based on nothing more than feedback and reaction from Tracy. In any event, it’s a throwaway remark by Serino. Even if he was purposefully lying in order to see if Zimmerman would recant his “I was attacked and threatend” narrative, that sort of interrogation tactic (lying) is the norm.

    • Auntie Lib says:

      Yes.

    • AdukeLAXobserver says:

      Cops lie to suspects all the time. There is no law I know against it. So they can’t get in trouble for it. The scary part is that people who lie a lot, get better at hiding their lies. They probably stop feeling any remorse about lying. Then when it is time to testify it isn’t hard for them to lie and look good doing so.

      • eoow says:

        Well said. If I might add never under estimate the power of “Professional Courtesy” when an agency is dealing with a “non law enforcement person” be it local, state, Fla Bar, ME or Sates Attorney. JMHO.

      • pbunyan says:

        They don’t just lie to suspects. Several years ago I was stopped by the state police while driving on a two track farm lane– on private property that I had permission to be on– and was told by the cops who stopped me that I was stopped because the land owner (a very close friend of mine) had complained of trespassers. I later verified with the landowner that he had never made such a complaint and later discovered that in fact the cops were looking for an escaped convict who was reportedly hiding the woods near my home. I would have been nice to know that, but the cops lied to me instead.

    • 22tula says:

      Left Sidebar Link
      Audio # 4 – Recorded Interview with Investigator Serino on February 29, (Part 1)
      “That was a kid with a future, a kid with folks that care. Not a goon,” Serino said. “In his mind’s eye, he perceived you as a threat. He has every right to defend himself.” – Detective Chris Serino
      http://www.miamiherald.com/2012/06/21/2860569/zimmerman-told-police-trayvon.html

      • 22tula says:

        Video (Posted above – left sidebar ) – 2/27/2012 @ 7:28 “When I shifted, my jacket came up and my shirt came up and exposed my firearm…” George Zimmerman
        and #3 Audio – February 27 (1205 AM)

        “JPD Detective Was Shot 4 Times”
        By Ross Adams – April 5, 2013
        Excerpt
        The deadly shooting is being called a murder-suicide.
        It happened as Eric Smith was questioning a murder suspect.

        Investigators believe that suspect, 23 year-old Jeremy Powell, managed to overpower Smith while he was in an interview room on the third floor of the building.

        He then took Smith’s service revolver.
        The coroner tells us the officer was shot four times, twice in the chest and twice in the arm.

        Powell then turned the weapon on himself. He died from a single gunshot wound to his head, the coroner said.
        http://www.wjtv.com/story/21895291/jpd-detective-was-shot-4-times

        APNewBreak: Video shows Miss. police HQ deaths”
        By Hilbrook Mohr/AP – April 6, 2013
        http://news.yahoo.com/apnewsbreak-video-shows-miss-police-hq-deaths-153914633.html

  9. AdukeLAXobserver says:

    All the journalists that covered this story or live in Florida should be ashamed of themselves. Where were the Woodward and Bernstein’s? Why is it citizens like Sundance are having to do your job of exposing coverups? And you wonder why your subscriptions and viewership are down. STOP RUNNING FROM THE TRUTH AND REPORT IT!

    • tara says:

      None of them wanted to be perceived as the bad guy, the report would necessarily including damaging info about that scare skittles black chile.

    • mcfyre2012 says:

      “Why is it citizens like Sundance are having to do your job of exposing coverups?”

      To stay employed. Read the editorials. The “Tampa Bay Times” for example is very liberal/progressive. The editors are moon-bats, and complete shills for the progressive movement. A crime committed by a black youth is usually followed up with a multi-page perp fiction story of how that youth is misunderstood, and really a good church-going kid that wanted to be a pro athlete and astronaut, yada, yada, yada.

      They’re also critical of the new stricter qualifications to receive Florida Bright Future scholarships…the requirement for higher grades would “disproportionally affect minorities.” Yep, there’s nothing quite like the low expectations of progressives for the people they are supposed to be championing for.

      And don’t forget… “Politi-Fact” is run by the TBT!

  10. thehoff71 says:

    It’s hard to put into words, my feelings about why this happened and why the *cough* journalists circle the wagons around the real corruption. This is appeasement through and through. Mainstream media is merely a tool of the leftist power structure used to maintain the dependence of the perpetually aggrieved. Hurley is another tool, held up as a Great White Knight for the oppressed so that he can be looked upon as a hero..yet he found out the hard way that he was just a useful idiot for the powers that be, to continue putting a bandaid on festering wound that is the broken African American community.

    They needed to distract, hence the media going after the Sanford PD, who for all intents and purposes were conducting a proper investigation into the shooting of Trayvon Martin. The Miami corruption clearly had no idea that their Poster Child was in reality just another symptom of their out of control community. And they just could not have that.

    God Bless You Sundance, for wading through the river of garbage to find this. I hope it blows the lid completely off of everything and forces a real conversation.

    • John Galt says:

      “God Bless You Sundance, for wading through the river of garbage to find this. I hope it blows the lid completely off of everything and forces a real conversation.”

      Amen.

    • doodahdaze says:

      It is to cover the failure of 50 years of Great Society Programs costing trillions of dollars and bankrupting the country. It must be covered up at all cost. Sounded good, did not work, never will work. The entire daffacit consists of the cost of the lunacy. We have to borrow every penny spent on the conglomeration. It is the roots of all the problems we have. Financially and morally. They only thing they will do now is accelerate the madness.

      • Sharon says:

        Yes. X 10000 This did not start recently. The declared intentions of the progressives, articulated in very similar language to that used by FDR and later, go back to the late 1800s. The declared intentions and declared goals of the progressives really got legs in the 1912 Presidential Campaign when Woodrow Wilson’s speeches spoke of transforming America, leaving the Constitutional limits behind, and mocking those who kept calling for guarding America’s foundational principles.

        He called them “stand-patters” and ridiculed them. This is not about blacks. it’s not about Florida. It’s not about George Zimmerman. It’s about the survival (if it’s not already too late) of our nation. This element has been ground into our legislative processes, our judicial processes, our educational system from top to bottom and is being rammed down our throats crossways by Valerie Jarrett. They are fulfilling the dreams of dreamers going back as far as Civil War days.

        Liberty and representative republicanism has been hated and feared for a very, very, very long. The fat lady is not fat because of the ice cream she had for breakfast.

    • thefirstab says:

      + Eleventy gazillion.
      Especially the last paragraph. Great post, thehoff71.

  11. creepytwins says:

    Let’s not lose sight of the fact that theft is not a victimless crime. That jewelry belonged to someone, but the police made no effort to return it. Instead they placed it in a locker and failed to investigate the crime. If you arrest the culprit (TM) and threaten him with severe consequences, perhaps he would tell the police where he got the jewelry in exchange for a lighter punishment.

  12. LittleLaughter says:

    What angers me is that the people responsible for the beginning of the Zimmerman persecution, Scott & Bondi to be precise, either didn’t bother to do their homework first, or they lied to cover it up just like Hurley. Either way, it is disgusting. These people are there to serve the interests of the public, not a select few, but all of them. They are all just a gaggle of liars.

    • tara says:

      They were more concerned with keeping their jobs and looking good to the people above them than with helping to ensure that justice is done. Zero integrity.

      • LittleLaughter says:

        I totally agree. With that said, I feel there should be a demand to know what Scott and Bondi knew at the time they decided to interfere and push this thing through. I think they need to be held accountable just like the rest of the gaggle. I know they have plenty of protection, but I would think a very present and strong investigation into their actions and what they knew when, would at least be uncomfortable for them. The voters should be made fully aware of everything these two did.

    • Sharon says:

      They had done their homework. In their world their homework was carefully done and, as a result, they have made the choices they have made. This is their milieu. We are the ones who are out of step–and that is not intended as sarcasm. The parade has turned into this kind of lawlessness being the norm, for cash flow, for power, for influence, for winning elections, for controlling people….and we stand on the sidelines with our mouths hanging open acting like the drum major made a mistake when he took the band left instead of right. The drum major is trained to lead the band the way it is being led, and the things they are doing are not mistakes. And they are certainly not a result of these folks not having done their homework.

      Because they have done their homework, they do not have the courage to do anything other than that what they have done.

      It is what it is. Stop re-interpreting it to make it something else. ;) (I sort of pound on these themes, LL, because it’s exactly what I’ve been trying to get through my own head for about five years now….we have GOT to start dealing with what’s in front of us and stop mentally “fixing it” so it’s not so threatening.)

  13. John Galt says:

    FERPA does not protect records of deceased students and does not protect records of school police departments.

    It appears to me that any privacy or confidentiality right associated with Trayvon’s school records and school police records would be those afforded by state law, and not by FERPA.

    State law provision:

    (d) Students and their parents shall have the right of privacy with respect to such records and reports.

    “such records and reports” apparently means “education records created, maintained, or used by public educational institutions and agencies”.

    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1000-1099/1002/Sections/1002.22.html

    Florida Bar article about confidentiality of juvenile records

    http://www.floridabar.org/DIVCOM/PI/RHandbook01.nsf/1119bd38ae090a748525676f0053b606/dc411ea99845604a852569cb004c9bf9!OpenDocument

    Question: Does the state law right of privacy with respect to juvenile student records survive the death of the student?

    • stella says:

      That’s a question I have too. I imagine there will be much more discussion about how the various LE agencies interpret the law.

    • doodahdaze says:

      If they are relevant evidence in a murder trial everything is fair game, unless privileged I think. But I think they could be had by the defense if they want them. I doubt they are privileged. That would be ridiculous.

    • doodahdaze says:

      Appears that they can be destroyed in some cases if expunged or sealed. I don’t know if that applies post death. FSA § 943.0585

    • John Galt says:

      See page 3 – FERPA does not protect records of deceased students.

      http://www.doj.state.or.us/public_records/orders/cross_61698.pdf

      “The Family Policy Compliance
      Office concluded that the student’s right to privacy under FERPA
      is personal and lapses upon the death of the person who holds it.”

      • (d) The Act neither requires nor prohibits the disclosure by an educational agency or institution of its law enforcement unit records.

      • boutis says:

        This is what sends the TM supporters over the edge. Our right to privacy dies with us. Does this mean people should be libeled after death? No. But most of the records on earth would be sealed if we made everything private after death. No history, no ancestry or medical research, etc would be allowed.

    • John Galt,

      Not a direct answer to your question, but an answer that makes your question moot:

      CFR › Title 34 › Subtitle A › Part 99 › Subpart A › Section 99.8

      prev |
      next

      34 CFR 99.8 – What provisions apply to records of a law enforcement unit?

      CFR
      Updates
      Authorities (U.S. Code)

      prev | next
      § 99.8
      What provisions apply to records of a law enforcement unit?
      (a) (1) Law enforcement unit means any individual, office, department, division, or other component of an educational agency or institution, such as a unit of commissioned police officers or non-commissioned security guards, that is officially authorized or designated by that agency or institution to—
      (i) Enforce any local, State, or Federal law, or refer to appropriate authorities a matter for enforcement of any local, State, or Federal law against any individual or organization other than the agency or institution itself; or
      (ii) Maintain the physical security and safety of the agency or institution.
      (2) A component of an educational agency or institution does not lose its status as a law enforcement unit if it also performs other, non-law enforcement functions for the agency or institution, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student.
      (b) (1) Records of a law enforcement unit means those records, files, documents, and other materials that are—
      (i) Created by a law enforcement unit;
      (ii) Created for a law enforcement purpose; and
      (iii) Maintained by the law enforcement unit.
      (2) Records of a law enforcement unit does not mean—
      (i) Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or
      (ii) Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution.
      (c) (1) Nothing in the Act prohibits an educational agency or institution from contacting its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, State, or Federal law.
      (2) Education records, and personally identifiable information contained in education records, do not lose their status as education records and remain subject to the Act, including the disclosure provisions of § 99.30, while in the possession of the law enforcement unit.
      (d) The Act neither requires nor prohibits the disclosure by an educational agency or institution of its law enforcement unit records.

      • John Galt says:

        “Not a direct answer to your question, but an answer that makes your question moot”

        I stated my opinion that any right of privacy comes from state law, rather than FERPA. You responded that federal law does not require or prevent disclosure. My question is whether state law right of privacy survives death. It is not moot.

        • I understand that, but the question was raised because FERPA was invoked to shield these records from disclosure. What I posted clearly shows that FERPA does not prohibit disclosure of the records in question. It doesn’t matter if the student is deceased or not. The M-DSPD misapplied FERPA, either out of ignorance or in a deliberate attempt to stop anyone from gaining access.

        • doodahdaze says:

          It does if a friendly court destroy’s the records.

  14. tara says:

    So tell me if I got this right … Trademark’s records were manipulated prior to his death, but when the records were requested by Sanford Police some decent person at MDSPD who was aware of and offended by the manipulations leaked factual info about Trademark to the Miami Herald reporter. But the records Sanford Police received were still the manipulated records, and I’m assuming the records the Defense received were the same.

    Interesting to fast forward to January of this year, MDSPD head Hurley was demoted for sexual harrassment. One of the women Hurley had targeted in his leak investigation, Deana Fox Williams, is one of two women who accused Hurley of long-running sexual harrassment. I’m sure there’s a good soap opera story there, though we’ll never know the details and they’d be a distraction anyway, having little or nothing to do with the Trademark coverup.

  15. I’m loving these multiple-part exposes. You are connecting the dots perfectly. When I first read about the policy handed down from Hurley, I thought the expose would be more on the outer edges and we would have to infer that it applied to Martin. Boy, was I wrong! Awesome, awesome job!!!

  16. nivico says:

    “… changing information to avoid bad optical statistics that would not look good on his record.”

    For example, calling an item that is universally banned and classified as a ‘weapon-like instrument’ by the school system a ‘burglary tool’ instead…

    It was fairly obvious they were trying to be ~lenient~ but I’m amazed that they would show any leniency where it concerns a student carrying weapons to school?!

    • cboldt says:

      It was a big screwdriver, useful as a medium duty pry bar and lock breaker. Obviously a screwdriver can also be used as a weapon, and maybe the burgular does use the prybar as a weapon too. I guess you could say the same thing about any crowbar, or hammer, or even baseball bat (which doubles as a window breaker).

    • auscitizenmom says:

      Well, Trayvon was black and they had met their quota for the year.

      • cboldt says:

        Heh. Reached their “allowance” you mean. The system had (and still has) the inverse of a quota. The objective was to decrease the number of crimes reported, because the PTB measure performance in terms of (reported) crime rate.

        Fudging the books, just like Enron – and the unemployment rate ;)

    • IAmGeorgeZimmerman says:

      ive said that before as well. we live in a day and age where a nail file gets a kid expelled, surely a sharpened screwdriver counts as a weapon…its a shank….unless he was working in Kropp’s No_Limit_Astronaut program building a space shuttle so he and his friends can “get high”.

  17. doodahdaze says:

    To get this stuff in the defense will have to show it is relevant. This is the test.

    • John Galt says:

      Might be relevant to a 1983 action.

      • doodahdaze says:

        The defense has used the 6th amendment and due process in its most recent filing. The time thing though. The SA and TCJ can cut them off on the 10th. Then proceed to trial I thinks. Unless the schedule is changed. But yes it is about time some of the CR laws start being used in this sort of thing. They should cut both ways.

    • brocahontas says:

      If they have evidence of violent behavior the case is over, especially if he punched a bus driver.

    • tara says:

      Can they depose Officer Dunn? And call him as a witness? Because Dunn seems to be the person, or one person at least, who knew exactly what Trademark had done. The MDSPD records they received were probably watered down.

  18. John Galt says:

    Well, at least they are maintaining a pretty even racial balance. Can’t say that the Orange Blossom Express isn’t an EOE railroad.

  19. Serpentor says:

    The stink on this case continues to ferment; the system is quite disgusting inside and out

  20. recoverydotgod says:

    From the partial sworn statement included above of Sergeant William Tagle
    -snip-
    A: I was Carol City in reference to walkouts on that day
    -snip-

    Thursday, Mar 22, 2012
    http://www.nbcmiami.com/news/Carol-City-High-School-Students-Hold-Trayvon-Martin-Walk-Out-143836476.html

    Same day?

  21. yankeeintx says:

    This is just so overwhelming! Trayvon Martin should have had a police record. Possession of cannabis for personal use, possession of drug paraphernalia, carrying a conceal weapon (or possession of burglary tools), possession of stolen property, and vadalism/criminal mischief. One of the things a judge will do when sentencing someone is look at prior criminal history. TM’s history would have appeared clean if he were to be sentenced for something like “swinging on a bus driver”. Hurley in an attempt to make himself look like a hero in lowering crime in the school districts by 60%, endangered all of the residents of Florida. There is no doubt in my mind that the students knew that they could do just about anything and not get charged with a crime. Trayvon probably had the mindset that he was untouchable, that he could get away with anything, because he had never been punished. This is huge, and the people of Miami Dade, and all of Florida should be outraged. Who is the top law enforcement officer of the State of Florida, Pam Bondi! I hope her phone is ringing off the hook, and could someone please confiscate Crumps passport.

    • John Galt says:

      “could someone please confiscate Crumps passport.”

      With respect to the school police records, it appears, thus far, that Crump is just an innocent bystander watching the antics of a bunch of nefarious honkeys.

      • tara says:

        I think Crump is getting in the way! He’s mucking it up for the slick politicians who had everything so neatly arranged. Hahaha. I never thought I’d ever say this, but THANKS CRUMP!

        • John Galt says:

          Perfect AA campaign issue – nefarious honkeys attempting to put one over on the AA community. Pretending that they have improved the schools when all they have done is cooked the books.

      • yankeeintx says:

        His clients are Sybrina Fulton and Tracy Martin. I would like to think that as an officer of the court, he would not be spreading false information. He was quick to point to George’s arrest record, even though George had no convictions. He should have known that TM’s interactions with the M-DSPD, was more than “typical teenage stuff”. There was a reason he jumped to have TM’s school records sealed, he knew what was in them. He then went on to portray TM as a saint, knowing he was lying.

    • Coast says:

      I agree with you 100%. Sadly most people don’t know what’s going on and how it could affect their lives. Bondi needs to be put out of office as soon as possible.

    • doodahdaze says:

      The gangs use this to advantage. Getting the youngun’s started early so the programs can protect their operations. This looks like (“Novacaine Cowboy’s”). Numbskull’s at work with stupid social engineering schemes.

      • yankeeintx says:

        I guess that is the reason why a lot of the recent crimes we have been reading about include a much younger accomplice. It is the new Chief Hurley mentoring program.

      • tara says:

        Perfect. The gangs were already using minors because the punishments for the crimes were far less harsh for minors. And now in Miami they know that the crimes won’t even be reported properly, presuming they’re committed on the school grounds, that is.

        So set up shop on the school grounds, kiddie gang dope dealers! You won’t even be prosecuted!

        • doodahdaze says:

          That is how they do it. They could have a 100% reduction in crime if they would leave all these little Children alone. Those mean old Cop’s. They’s prolly a bunch of conservatives. Now. This is just for the one’s they get caught doing. Think how many they don’t. Prolly an everyday routine for them. Including Tcon. Good Grief!

    • Floridianne says:

      Who on earth believes a 60% reduction of anything occurred in one year? I would have thought it had to be a typo. Nothing like hiding your dirty laundry under a big steaming pile and getting and then getting an award for it!

    • doodahdaze says:

      I bet the Cop’s are mad as hell about this crap.

      • yankeeintx says:

        They have a right to be, and had to have known what was happening. I always knew that TM was given a lot of breaks, but I assumed it was because Sybrina’s dad was a retired Miami-Dade cop (cops are one big family, and there is camaraderie that takes place).

        • doodahdaze says:

          What if they are trying to make cases and working hard then this BS hit’s em in the face. Ugghhh!

        • Sharon says:

          The sworn statements being drawn from in these posts were done over twelve months ago. Yeah. I’m thinking these cops have been living a nightmare. I hope they are somewhat encouraged that someone out here gives a rip and that each of them is finding ways to deal with the impacts this has had on their careers and their families. Being called a liar by people in authority who have been bought off is a very, very stressful situation for anyone– that is what these LEOs have been living for OVER A YEAR.

          Telling the truth is not popular when society has agreed to let deception be the norm.

          • yankeeintx says:

            You were the first person I’ve ever heard use the term “feral children”, and thought it was so appropriate. I wonder how many crimes could have been prevented if these kids had their criminal behavior nipped in the bud by the benefit of interventions, punishment, discipline and parental involvement.

  22. tara says:

    This couldn’t have been a more perfect storm to create a perfectly horrible situation for George and his family.

    - shooting victim is an endangered species (young black male), minor candy-carrying chile, and beneficiary of a public schools crime coverup
    - parents successfuly portray themsevles as loving doting couple (after Alicia and Brandy were ejected from the picture)
    - parents hire an attorney who had been praying for the next Emmett Till; attorney determines Trademark is close enough with some remodeling
    - attorney engages a PR firm to produce a deceptive story about Trademark and the shooting incident
    - “Champion of the Blacks!” reporters (waving to Matt Gutman) spew the deceptive story to the public
    - ignorant citizens accept deceptive story without question and congratulate themselves by engaging in superficial irrelevant acts
    - ‘Champions of the Blacks!” white politicians trample justice to pander for black votes
    - race-baiting racist Congressmen/women engage knee-jerk reactions, because (as my husband says) that’s what they do
    - race-baiting racist President creates false legitimacy
    - race-baiting racist terror groups and individuals threaten to kill and riot

    I’m sure I’ve left other elements out here, but this is sufficient. What Defendant could have possibly survived this combined force for such a long time? An innocent one, perhaps?

    • auscitizenmom says:

      You summarized that very well. And, yes, George is completely innocent and they weren’t counting on that.

    • myopiafree says:

      Let me include this: The police pick up an un-known cell phone near the body. They have no idea who it belongs to. (Normal police work is to 1) Re-charge the bettery 2) Access the phone (by 911), and get the number. 3) Contact T-Mobil, and INSIST that they be given all phone records – since it DID NOT BELONG TO TM, AND NO ACCESS CODE WAS REQURIED. Even if there was such a thing – the police still have the right to get all the information. 4) Call all the phone numbers – to get who was calling. They would have “found” DeeDee at that point – if they made even a SLIGHT EFFORT. Why did they NOT DO THAT? Why was that information “buried” or “covered up”? Was this part of NOBLE’s role?

  23. nameofthepen says:

    Just an educated guess, but I’ll bet Hurley is nowhere near the “top of the pyramid” involved here…

    Sir Sundance, I am in awe!

  24. John Galt says:

    Baker Act records might be protected even after death under HIPAA. Thus, by transforming violent criminal conduct into mental health medical issues, disclosure of evidence of violent character may have been prevented because under HIPAA the right of privacy survives death (unlike FERPA). If Trayvon was Baker Acted, perhaps a school records request would not reveal Baker Act mental health medical records evidencing a character of violence.

  25. IAmGeorgeZimmerman says:

    crumps opposition to the defense motion to unseal the HOA lawsuit settlement that has nothing to do with the case but crump felt the need to send it to this courts files in spite of that…then wants it sealed……because something about it doesnt help the scheme team. leads one to wonder why the idiot submitted it to the court if he himself argues it has nothing to do with the case. where did he get his law degree? a cracker jack box???
    http://www.gzdocs.com/documents/0413/opposition_to_mot_unseal.pdf

    • auscitizenmom says:

      JMO but I think he wanted it to show that they had gotten a settlement. The court seems to be going his way, so he figure he could keep it sealed, but it would count against George. So, I quote you, “where did he get his law degree? a cracker jack box???” Maybe he thought it would weight with the jury. ?!?

    • John Galt says:

      Crump is now litigating the issue of publishing the settlement agreement with O’Mara. Crump has established himself as opposing counsel ! Except it is too late because O’Mara has already filed a petition for cert. Ooops. Ready! Fire! Aim!

      Looks like the HOA might be able to sue if Crump breaches confidentiality by causing publication.

      Crump seems to be relying on (vi)

      (9) Any court record determined to be confidential in case decision
      or court rule on the grounds that
      (A) confidentiality is required to
      (vi) avoid substantial injury to a party by disclosure of
      matters protected by a common law or privacy right not generally inherent in the
      specific type of proceeding sought to be closed;

      Case law:

      http://www.rcfp.org/florida-open-courts-compendium/g-settlement-records

      • John Galt says:

        BTW, I’m still wondering how Crump has standing to file the HOA settlement agreement in State v. George Zimmerman. Sure makes it look like State and Scheme Team v. George Zimmerman.

        • John Galt says:

          If Nelson seals the settlement agreement, I think maybe it can be immediately appealed.

          FRAP 9.100

          (d) Exception; Orders Excluding Press or Public.
          (1) A petition to review an order excluding the press or public from access to any proceeding, any part of a proceeding, or any judicial records, if the proceedings or records are not required by law to be confidential, shall be filed in the court as soon as practicable following rendition of the order to be reviewed, if written, or announcement
          of the order to be reviewed, if oral. A copy shall be furnished to the person
          (or chairperson of the collegial administrative agency) issuing the order, and to the parties to the proceeding.
          (2) The court shall immediately consider the petition to determine whether a stay of proceedings in the lower tribunal is appropriate, and on its own motion or that of any party, the court may order a stay on such conditions as may be appropriate.
          (3) If requested by the petitioner or any party, or on its own motion, the court may allow oral argument.

          • cboldt says:

            The press will do the heavy lifting there. As for the correct outcome, I remarked elsewhere that the HOA Insurer should not be punished for Crump’s indiscretion.

          • doodahdaze says:

            I expect no favorable rulings at TC level. Time is running on motion cut off. 500 jurors to whittle down. Maybe a stay from a higher court to delay? More time is needed. Ahh Dunno.

    • John Galt says:

      Crump seems to have an affinity for secrete evidence.

    • eastern2western says:

      it is obvious that the settlement is not a victory for crump and making him work extra hard to keep it under wraps.

  26. eastern2western says:

    the settlement just does not seem very victorious for crump at all. Judging from the new letter, he had hired another lawyer to fight the publication which seems to be odd to me. If it were actually a 2 million dollar settlement, then crump would definitely putting that amount on his company’s website and take photos of the martins receiving an enlarged version of the check with huge smiles on their faces. However, the man is suppressing it with lawyers, court orders and many other things. what ever is contained with the settlement must be very damaging to the credibility of tracy, crump and park inc and his whole narrative. The prosecution has not had any reactions yet, but who knows at this point. by the way, are the 10 days court days or calendar days?

    • doodahdaze says:

      He may have had to give it to the court, if some of the party’s that either paid or received money are witnesses. Trying to hide who they are and what they got won’t work.

    • cboldt says:

      Calendar days. Crump got his mission accomplished with Stutzman’s help. Existence of settlement agreement is public knowledge, amount is subject of speculation, Crump did not personally disclose the existence of the agreement. Court won’t (or shouldn’t) punish the HOA insurer for Crump’s indiscretion.

      If Crumpadvertises the settlement, he is in breach of the agreement, and must forfeit at least some of the money exchanged for his promises.

  27. Hadley Sux says:

    Check out these comments people have left about Hadley on ratemycop.com

    http://ratemycop.com/index.php?option=com_comprofiler&task=userProfile&user=215854

    He is a POS

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  31. PapawEd says:

    Reblogged this on Info, Please and commented:
    “The rest of the story…

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