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of Volusia County Jail Inmate Muriel Comeau. Was her death investigation handled in similar fashion as was Inmate Nelson's (2006) and Inmate Veira's (2009) death investigations? |
May 31,2011 |
THIS PAGE HAS BEEN UPDATED AS OF May 31, 2011. WE HAVE RECEIVED SEVERAL OF THE COMEAU DEATH INVESTIGATION DOCUMENTS FROM VOLUSIA COUNTY. LIKE IN THE OTHER INMATE'S DEATH INVESTIGATIONS, THERE APPEARS TO BE MANY INCONSISTENCIES. Further, Officer Bauer's recorded statement is now active. (see below)
We ask you to review some apparent inconsistencies in this death and its investigation. Our readers can expect further follow up on Inmate Comeau's death, as soon as we secure MORE public records on this incident.
THIS DEATH RESULTED IN A FEDERAL LAWSUIT BEING FILED.
It is suggested that our readers first read the legal briefs written about this situation, so that they can obtain a basic working knowledge on what apparently transpired.
Click here to a link to the March and June 2010 Court documents regarding Inmate Comeau's death
Sheriff's Office Press Release
VolusiaExposed.Com has received the Muriel Comeau death investigation reports. After a review, VolusiaExposed.Com has some questions in regards to Inmate Comeau's September 2007 in-custody death at the Volusia County Correction Facility.
Once again, like in other in-custody deaths (like Jack Nelson in 2006), there appears to be no internal affairs report from the Volusia County Division of Corrections. Why is that?
VolusiaExposed.Com was unsuccessful in obtaining (via a public records request)the Internal Affairs case number or a copy of the final internal affairs report completed in regards to the Inmate Comeau death. Please see the below email communication between VolusiaExposed.Com and Volusia County officials
Email communication between VolusiaExposed.Com and Volusia County
The documents that VolusiaExposed.Com did secure from Volusia County gave some indications that the jail's internal affiars section investigated Ms. Comeau alleged suicide. Their reports were two short cover letters to an FDLE staffer named Jack Bisland. Although VolusiaExposed.Com's request for the internal affairs case number assigned to the Comeau investigation still goes unanswered by Volusia County officials, it does appears that an IA case file does exist on this death. We direct your attention to page 3 of the below attached documents. There appears to be an October 17, 2007 email from the Volusia County Medical Examiner's office to Internal Affairs Investigator K. Modzelewski in regards to the Comeau death. Hand written on this email is a note that a copy of this email was placed in the IA (internal affairs) file. Therefore, isn't it easy to conclude that that an IA case file does exist on this death and documents within this file are being withheld from the public? As stated before, VolusiaExposed.Com can not even get Volusia County officials to give us the internal affairs case number assigned to Ms. Comeau's death investigation. Why not?
Limited Internal Affairs documents on Inmate Comeau death investigation.
Why can't VolusiaExposed.Com get the Internal Affairs case number assigned to the Comeau death? Why does it appear that there is no final internal affiars report filed on this death? In the 2009 Tracy Veira death, Captain Dofflemyer did file a short internal affairs final report and assigned the Veira death investigation a IA case number. Notice that in the Tracy Veira death investigation her death was assigned an official IA case number of IA-2009-09-274.
Inmate Tracy Veira's 2009 in-custody death internal affairs investigation report
However, like in the 2006 Inmate Nelson death, the Comeau death was "reviewed" by Warden Pronovost.
2006 Jack Nelson Death "review" by Warden Pronovost
2007 Muriel Comeau Death "review" by Warden Pronovost
Why were there no internal affairs investigations into these deaths? There are some indications that supports that jail staff falsified official records in these deaths.
Why was Warden Pronovost assigned to conduct a "review" into these deaths (Nelson and Comeau) in apparent lieu of an official internal affairs investigation? Warden Pronovost apparently was not and is not an assigned or trained internal affairs investigator, is he? Aren't only Captain Modzelewski and Captain Dofflemyer the only assigned internal affairs investigators within the Volusia County Department of Public Protection?
By reading the above court documents, it appears that Inmate Comeau hung herself in a segregation cell within about 28 hours of her arrest on drug charges.
Further, it appears that Inmate Comeau had a reported mental health history by her own admissions, family advisements to jail staff and by a recent attempted suicide within the jail by cutting her wrists.
Therefore, the question to be answered in the recently filed federal lawsuit is whether Volusia County and / or it's agents are culpable in Ms. Comeau's alleged suicide?
We will allow the above lawsuit documents and the below linked jail documents to speak for themselves as to whether any culpability is attached to Ms. Comeau's death.
What we wish to address here - are some inconsistencies in the Comeau reports and secondly to ask why the Comeau case was handled differently then some other inmate's in custody deaths?
Some of the major inconsistencies that must be addressed are as follows:
How long after Inmate Comeau was discovered hanging was she cut down and life saving actions taken by jail and medical staff?
Were Internal Affairs Captains Modzelewski and Dofflemyer called to the scene, and if so, where are the IA final report and case number assigned to this death?
By her own report, Ofc. Bauer apparently discovered Ms. Comeau hanging in her H-block segregation cell at approximately 2215 hrs (1015pm) on September 27, 2007 while escorting the medic (Medic Wismore) in the passing of medications. Please see the below report filed by Ofc. Bauer.
Ofc. Bauer's VCDC 402 report
Within the above report, Ofc. Bauer details how, after she discovered Inmate Comeau hanging by the neck, she called (apparently using her duty radio) a Code White (suicide attempt). (THE CALLING OF A CODE WHITE ENSURES THAT PROPER STAFF, INCLUDING MEDICAL ARRIVE ON SCENE) Ofc. Bauer also documents that immediately after her calling the code that Medic Wismore LEFT the cell block to go to the clinic to apparently gain access to both life saving equipment and the assistance of Nurse Jack Ross. Why did Medic Wismore leave the block? Shouldn't Medic Wismore and Ofc. Bauer have known that help and supplies were on the way via the calling of the code? What did Ofc. Bauer do while Medic Wismore was going for medical supplies? Did she even attempt to support Inmate Comeau body against the ligature (shoe strings)? Her report states nothing of her actions during this time frame. There is an old law enforcement adage - if is not written in your report, it did not happen - so did Ofc. Bauer simply stand around waiting for staff to arrive?
Ofc. Bauer's report further documents that it was Nurse Ross that cut the shoe strings that Ms. Comeau was hanging by (approximately 2219 hrs) Therefore according to Ofc. Bauer own documented timeline, Ms. Comeau was left hanging from when she was discovered at 2215 hrs until she was cut down at 2219 hrs, a total of approximately four (4) minutes.
Further, it is noted in the Bauer report, that as Sgt. Painter and Nurse Ross was starting CPR, Medic Wismore had to make another trip to the clinic for medical supplies.
Doesn't the brain start to die after three (3) minutes from the lack of oxygen? Shouldn't Ofc. Bauer simply had called the Code White on her radio and then both her and the medic immediately have started life saving procedures (ie. cutting her down and starting CPR OR at the very least attempted to relieve the pressure of the ligature against her neck)? Why leave the scene? Why not hold the woman up and attempt to open an airway. Ofc. Bauer and Medic Wismore should have realized that back up staff would be arriving shortly with a tool (911 tool) to cut her down.
Ofc. Bauer was interviewed by Volusia County Sheriff Investigator Agostinis shortly after the incident. This interview was apparently recorded and both jail Internal Affairs Investigators (Modzelewski and Dofflemyer were apparently present during the interview - see Inv. Agostinis report). VolusiaExposed.Com is extremely interested whether Ofc. Bauer was ever questioned on why she apparently did not attempt to immediately take life saving actions, rather than allowing approximately four minutes to past waiting on Medic Wismore's return. Was she questioned as to why she did not attempt to engage Medic Wismore's assistance in a life saving attempt to relieve the pressure of the ligature (shoelaces) against Inmate Comeau's airway, pending additional staff arrival with the 911 cutting tool? These questions apparently only can be answered by obtaining the recorded interview of Ofc. Bauer, as is documented in the below report filed by Investigator Agostinis. Therefore, VolusiaExposed.Com has made a Public Records request for this recorded interview.(THS PAGE WILL BE UPDATED ONCE THIS RECORDED INTERVIEW IS MADE AVAILABLE).
VCSO Investigator Agostinis Report - 3 pages
UPDATE Sept. 4, 2010 Click here to listen to Ofc. Bauer's audio recorded statement.(Large Download 14MB)
Here are some interesting observations - do you, as the reader of this article see them too? - Notice how Ofc. Bauer (@ approximately 2:12 into the recording) repeats that she entered the cell block at approximately 2215hrs (not the 2218 hrs as listed in Investigator Agostinis's report) and how she proceeded ahead of Medic Wismore to Inmate Comeau's cell. Notice how it is never mentioned that upon discover of Inmate Comeau hanging, that no immediate life saving actions were taken (Inmate cut down or supported against ligature, CPR started etc.). It is not mentioned that Medic Wismore departed the block to return approximately at 2219hrs with Nurse Ross to cut Inmate Comeau down. Why not? Ofc. Bauer was NOT asked to explain what she did for those four minutes - in fact it would appear that Inmate Comeau's cell remained secured until the return and arrival of Medic Wismore and Nurse Ross. These are just our observations - we ask that you listen to the audio recording and then compare it to Ofc. Bauer's and Investigator Agostinis's written reports - then ask yourself - are there inconsistencies? If yes, is it possible that these inconsistencies exist by design rather than by accident - the rationale, would possibly be to blur the facts in order to reduce Volusia County Government criminal or civil liability.
It is of interest that in Investigator Agostinis's written report he appears to gloss over the details in Ofc. Bauer's VCDC 402 report. Investigator Agostinis notes the time of discovery as approximately 2218 hrs rather then the approximately 2215 hrs of Ofc. Bauer's report. Where did Investigator Agostinis come up with this 2218hrs time slot? Ofc. Bauer uses the 2215 hrs time line in both her written and oral statements. Further, Investigator Agostinis removes the apparent fact that Medic Wismore departed H-block prior to any life saving procedure being performed on Inmare Comeau. What is the rationale of apparently blurring the account of Ofc. Bauer? Regardless of when Ofc. Bauer discovered Inmate Comeau, it would appear to be clear via Ofc. Bauer's account (2215hrs-2219hrs) that an approximately four minutes delay transpired between the discovery and the starting of life saving procedures. Was this delay appropriate? Why does it appear that Investigator Agostinis report is leaving out important facts that occurred during the Code White? More importantly, does the editing of those facts tend to lower the county's liability in any possible pending civil action?
Could it be, that certain members of the Volusia County Sheriff Department are more driven by the desire to reduce county civil liability then they are at honestly investigating an incident and allowing the facts (all of the facts) to bring them to a logical investigative conclusion of what transpired? Don't these investigators report to VCSO Major Robert Jones? Isn't Major Jones married to Assistant County Attorney Nancye Jones? Does Nancye Jones have a history of handling civil lawsuits coming out of the county jail? (a simple google serach will resolve that question). So is there a conflict in the Volusia Sheriff Department investigating a death within the Volusia County Jail? Many might say that the death is also investigated by the Volusia County Medical Examiner's office, so a check and balance is available. But most Medical Examiner offices in the State of Florida are independent of county government. However, since Volusia is a HOME RULE CHARTERED county, the medical examiner is part of county government. In fact the medical examiner's office and the corrections department are supervised by the same person, Mike Coffin (recently a Captain within the VCSO), Director of the Volusia County Department of Public Protection.
Click here to review the possible Jones conflict.
Shortly after Inmate Comeau was discovered, Ofc. Bauer was assigned to maintain the chronological log of whom entered Inmate Comeau's cell. This chronological list / form is a particular form assigned to all Code White suicide incidents. See the below link to this form as completed by Ofc. Bauer.
Comeau's Suicide Chronological list of persons entering her cell after her death - prior to body removal.
Please note that this chronological form does NOT list Internal Affairs Captains Modzelewski or Dofflemyer as entering Inmate Comeau's cell. However, the chronological form does indicate that VCSO Investigator Dewees entered the cell at 0017 hrs on 9-28-2007. It is very strange and very telling that neither jail Internal Affairs Captains are listed on this form. A report filed by another sworn staff member appear to clearly indicate that both Modzelewski and Dofflemyer entered Inmate Comeau's cell with Investigator Dewees at approximately 0017 hrs on 9-28-2007. Please review the report filed Ofc. T. Hutton. Further, Lt. Sophie filed a report placing both Modzelewski and Dofflemyer on scene. Why were Modzelewski and Dofflemyer NOT mentioned on the chronological form? Was it just a simply a mistake? And if so what other mistakes exist in the paperwork?
Officer Hutton and Lt. Sophie reports
So, since it is fairly clear that both Internal Affair investigators Modzelewski and Dofflemyer were on scene, then why can't VolusiaExposed.Com obtain the IA case file number assigned to this death? The only forms that we have recieved in this death that were filed by internal affairs amount to a couple of cover letters to the FDLE.
Limited Internal Affair reports.
When VolusiaExposed.Com inquired from Volusia County officials why none of these documents contained either an IA case number or the IA final report, we received a reply that all documents had been supplied. Please refer to the below attached email request and response.
Email communication with Volusia County Official
We have presented what we believe to be some inconsistencies in this particular death investigation. We leave it to you, our reader to draw your own conclusions. We also invite you to read how other in- custody jail deaths have been investigated. We believe you will find them to be very eye opening.
Click Here for Link to other questionable Volusia County Jail Inmates Deaths
DUE TO PENDING PUBLIC RECORDS - THIS WEBPAGE SHALL BE UPDATED AS THOSE RECORDS ARE MADE AVAILABLE.