Office of Paula S. O Neil Clerk & Comptroller Pasco County, Florida. Evidence Handling & Management. New Clerk Academy March 16, 2016

Transcription

1 Office of Paula S. O Neil Clerk & Comptroller Pasco County, Florida Evidence Handling & Management New Clerk Academy March 16, 2016

2 Presenters Hon. Paula S. O Neil, Ph.D. Pasco Clerk & Comptroller Debbie Gay, CPM Director of Records

3 Agenda Introduction Chain of Custody Storage Disposal Destruction Preserve and Protect

4 Introduction James Bain Exonerated After 35 Years Behind Bars YmwbrQ95cNU&list=PLAW_YgRb V4Y2crmoeEaaf8w-5LJfgN- 8L&index=4

5 Introduction James Bain - Always Innocent, Finally Free RbV4Y2crmoeEaaf8w-5LJfgN-8L

6 Introduction Importance of Objectivity Ada, Oklahoma Ron Williamson Dennis Fritz 1982: Debbie Sue Carter raped and murdered. 1988: Williamson and Fritz convicted. ng.com/video s/search?q=i nnocent+ma n+video+john +grisham&&v iew=detail&m id=0a5a7dd 3FDEDEEA A5A7D D3FDEDEEA 02287&rvsmi d=7a AD9489A7A 7737A AD9489A7 A773&FORM =VDFSRV&f sscr=0

7 Introduction Ronald Keith Williamson Minor league baseball player Convicted of raping and murdering Debbie Sue Carter. Only five days away from death on September 22, 1994, when the execution was stayed by the court following a habeas corpus petition. Set free in Died in a nursing facility in December 2004.

8 Introduction Set Free in 1999

9 Introduction Dennis Fritz

10 Introduction Evidence Handling and Management Authority Florida Rules of Judicial Administration Florida Statutes

11 Introduction Evidence A perceptible thing that tends to establish or disprove a fact, including testimony, documents, and tangible objects. Black s Law Dictionary

12 Chain of Custody Clerk s Role How does the Clerk receive evidence?

13 Chain of Custody Progression of Evidence Civil Circuit & County Collected by plaintiffs, defendants, and/or their attorneys Admitted by them in court Maintained by the Clerk s Office once admitted

14 Chain of Custody Progression of Evidence Criminal Circuit & County Collected by law enforcement during investigations Used/admitted by State Attorney and Defense Maintained by the Clerk s Office once admitted

15 Chain of Custody Chain of Custody Definition The movement and location of real evidence from the time it is obtained to the time it is presented at court (Black s Law Dictionary). Witnessed, written record of all individuals who have maintained unbroken control over the evidence since its acquisition (FDLE).

16 Chain of Custody Clerk s Role Document Evidence Transferred to Clerk Mark each item of evidence for identification. Identify party who admitted the evidence. Record date that evidence was admitted. Record name of Court Personnel. Identify case number. Include a detailed description of each item.

17 Chain of Custody Safeguards Limit the number of individuals who handle evidence. Ensure that individuals who handle evidence affix their names to all Chain of Custody Documents. Obtain signed receipts as evidence is transferred. Ensure dual verification of all items received for storage (e.g., evidence stickers/tags to sheet, weights, counts).

18 Chain of Custody Exhibit Labels

19 Chain of Custody Evidence Tracking

20 Chain of Custody Barcode Identification

21 Chain of Custody Transferring Evidence When transferring evidence from the Clerk s Custody and Control, record the following: Detailed description of the evidence Reason for the change in custody Name and contact info of receiving party Name of employee releasing evidence Date and time released Acknowledgement by receiver

22 Chain of Custody Evidence Change of Custody

23 Storage Store in original packaging. Seal organic drugs in bags to reduce chance of mold. Verify stickers, tags, and evidence sheets. Segregate & store biohazards on bottom shelves. Biohazards can be stacked on top of biohazards. Refrigeration/freezer may be necessary.

24 Storage Weigh drugs with their packaging on Statecertified scales when first received and when placed into storage. Note the make, model, and serial number of firearms. Seal currency in clear plastic bags and count when first received and when placed into storage.

25 Dual-control vault Segregate sensitive evidence, e.g., weapons, drugs, & cash Climate controlled & fire suppression system Storage Evidence Rooms Access to rooms manual log, electronic device

26 Numbering system shelves, boxes, & storage areas Audits/Inventories full sensitive audit every 6 months and monthly random sampling of nonsensitive evidence Storage Evidence Rooms

27 Storage Biohazards Any solid or liquid waste, which may present a threat of infection to humans.

28 Storage Training Identification Segregation Handling Labeling Gloves, masks, and any other protective materials etc., waste bags, body fluid clean up kits, blood and fluid control solidifier, eyewash station, antiseptic wipes, soap, and water BIOHAZARD stickers with international symbol

29 Storage 24/7 Protection

30 TCPalm Unique Evidence Security Rules Storage Evidence Examples

31 Storage Evidence Examples Lafayette, LA Rapes Serial rapist-13 years Caught by the epithelial cells from the saliva on cigarettes left at scene. Committed by a deputy of the sheriff s dept. 6 life sentences

32 Storage Evidence Examples Wood River, IL Karla Brown killed. Set of bite marks on her back. Body exhumed four years later to make mold of bite mark. Matched Serial rapist- 13 years later. 75 years in prison

33 Tampa Bay Times Evidence Audit Tools Safety Storage Evidence Preparedness Clerk s role is a legal responsibility and a solemn obligation.

34 Disposal Two Categories Documentary Physical

35 Disposal Exhibits - Rule Fla. R. of Jud. Adm , Retention of Court Records (a)(1) defines Court Records to include documentary exhibits

36 Fla. R. of Jud. Adm Public Access to Judicial Branch Records (b)(1)(a) defines Court Records to include documentary exhibits Committee Notes: Disposal Exhibits - Documentary The word exhibits...is intended to refer only to documentary evidence and does not refer to tangible items of evidence such as firearms, narcotics, etc.

37 Disposal Exhibits - Documentary Fla. R. of Jud. Adm (f)(2) Clerk shall retain for 90 days after a judgment has become final. Clerk may destroy/dispose after providing 30-day notice shred/incinerate. Exhibits shall be delivered to any party or attorney of record calling for them during the 30-day time period.

38 Disposal Exhibits - Final Judgment Fla. R. of Jud. Adm (a)(2) (A) when a final order, final judgment, final docket entry, final dismissal, or nolle prosequi has been entered as to all parties, no appeal has been taken, and the time for appeal has expired; or (B) when a final order, final judgment, or final docket entry has been entered, an appeal has been taken, the appeal has been disposed of, and the time for any further appellate proceedings has expired.

39 Disposal Exhibits - Criminal Fla. R. of Jud. Adm (f)(1) Exhibits in criminal proceedings shall be disposed of as provided by law.

40 Disposal Physical Evidence , F.S. General Rule Applies to Civil physical evidence and Criminal documentary and physical evidence Disposal of physical evidence filed as exhibits: The Clerk may dispose of physical evidence if Held for 3 years No appeal or collateral attack is pending or can be made *Exception: Life/Death Sentence Retain for Life

41 Disposal/Destruction Disposal Physical Evidence , F.S. No monetary value - shall be disposed of as unusable refuse Monetary value - shall be sold and the revenue placed in the Clerk's general revenue fund A sample petition to sale unclaimed evidence is in the best practice.

42 Disposal Notice Best Practice Once items are ripe for disposal, Clerk sends notice to: Civil Parties and/or their attorney of record Criminal State Attorney, seizing agency, defense counsel, and victim (if applicable?) Provide no less than 30 days notice of Clerk s intent to dispose of evidence.

43 Disposal Notice

44 Disposal Clerk can proceed to dispose of evidence without petition or order if: Approval received Or Notice period expired with no objection *Can file petition and obtain order to dispose of evidence for added protection. Sample petition and order are in the Best Practice.

45 Disposal Types of Evidence Dispositions Return to owner Sale/auction Diversion to local government Destruction Dual verification before disposing evidence

46 Disposal Preserving DNA Evidence (4)(a), F.S. - Post sentencing DNA testing The clerk shall maintain any physical evidence in the event the court orders a post sentence DNA test.

47 925.11(4)(b) Disposal DNA Evidence Death penalty case - maintain evidence for 60 days after execution of the sentence All other cases - dispose evidence once term of sentence expires (unless provided differently by another law or rule)

48 Disposal Firearms and Weapons Disposed of by Sheriff (2), F.S. If convicted of a crime using a weapon, weapon becomes forfeited without order and shall be delivered to the Sheriff. Best Practice A law enforcement officer and two Deputy Clerks should sign a transfer form.

49 Disposal Firearms and Weapons Disposed of by Sheriff (3), F.S. If acquitted of a crime using a weapon and the person calls for the weapon within 60 days of the acquittal, the weapon shall be returned to the person. If the person fails to call for it within 60 days, the weapon shall be delivered to the Sheriff.

50 Disposal Firearms and Weapons Best Practice Motion and Order to return firearm to person acquitted of crime. Check CCIS if anything of record would preclude transfer of weapon under the Gun Control Act. Gun Control Act (18 U.S.C. 922(d)).

51 Disposal Gambling Devices , F.S. - Disposition of machines upon conviction

52 Disposal , F.S. - Gambling Devices The court shall issue an order declaring the device forfeited and directing the Sheriff to destroy it. The order shall state the time, place, and manner in which the device shall be destroyed. The Sheriff shall destroy the device in the presence of the Clerk.

53 Disposal Contraband Contraband is subject to seizure and confiscation. Court shall order the contraband forfeited and destroyed. Law enforcement shall destroy, document destruction, and submit report to court. Best Practice Clerk s management staff accompany two Deputy Clerks and law enforcement officer to witness incineration at local refuse company.

54 Disposal Obscene Material , F.S. - Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty

55 Disposal (7) - Obscene Material No right of property Motion for disposition of property By prosecuting officer or any claimant If found in violation: Court orders Sheriff to destroy the property in the presence of the Clerk. Certificate of compliance must be filed by the Sheriff and the Clerk. Otherwise: Court orders property returned to claimant.

56 Disposal Batteries Noxious/Flammable Materials Contact and transfer items to local fire department for destruction. A representative from the fire department and 2 Deputy Clerks should sign the transfer form.

57 Disposal Biohazard Contact and transfer items to local fire department for destruction. If fire department not an option, contact a third party who specializes in biohazard disposal. A representative from the fire department and 2 Deputy Clerks should sign the transfer form.

58 Destruction Breaking apart, melting, crushing, or otherwise making unusable prior to discarding

59 Destruction Video OgVAeU&index=6&list=PLAW_YgRbV4Y2 crmoeeaaf8w-5ljfgn-8l Reporter at evidence destruction

60 Destruction Wakulla County

61 Destruction Wakulla County

62 Destruction Pasco County

63 Destruction Pasco County

64 Destruction Pasco County

65 Destruction Pasco County Incinerator

66 Preserve and Protect Your obligation is not over until she sings

67 Preserve and Protect HoumaToday.com 7 year Evidence Custodian Guilty of 438 Charges 10 year prison sentence DRUGS THEFT MALFEASANCE

68 Preserve and Protect Washington Post Selling and distributing guns More than 20 guns missing Lack of recordkeeping THEFT CRIMINAL MISCONDUCT

69 Preserve and Protect Federal Bureau of Investigations Clerk of Court indicted Sold methamphetamine and cocaine Narcotics taken from evidence room 70 months imprisonment CONSPIRACY DRUGS THEFT

70 Preserve and Protect Columbia County Clerk Mary Childs Childs discovered a problem in the evidence room. A bale of marijuana had been replaced with a bale of hay. She conducted her own investigation instead of calling law enforcement. The Governor removed her from office.

71 Preserve and Protect Video Evidence Destroyed in Error

72 Preserve and Protect Clerk s Role "A public office is a public trust. The people have the right to secure and sustain that trust." Art I, 8, Fla. Const.

73 I m Innocent!