VOLUSIA EXPOSED.COM
                   

Has the Volusia County Department of Public Protection
Internal Affairs Section
manipulated criminal investigations?

Updated
August 3, 2010
“Veritas Omnia Vincit”- Truth conquers all

UPDATE July 8, 2010 IMPORTANT UPDATE ON GETTING THESE MATTERS PROPERLY INVESTIGATED

Is the Attorney General Investigating these concerns?

Has the Volusia County Department of Public Protection manipulated criminal investigations? Has the Volusia County Department of Public Protection influenced other outside law enforcement agencies to manipulate their investigative findings to support the VCDPP agenda? We here at VolusiaExposed.Com are only able to pose "questions" to our concerns involving the VCDPP, we can not confirm these concerns. These concerns cry for a professional criminal investigation. We have asked that the Florida Department of Law Enforcement investigate our concerns, but they have declined. These are important questions, and since FDLE will not investigate, we present them now to our readers, so that they can decide for themselves what the answers to these questions are.



In regards to the in custody death investigations of Volusia County Jail inmates Nelson and Veira, this website has questioned why in the Nelson death it appears that VCDPP staff failed to advise VCSO Investigator Johnson that jail staff had not actually conducted their cell block rounds. Further, in the Veira death, it is unclear why VCSO Investigator Campanella failed to properly address his initial concerns as documented in his report, that jail staff's documented interactions with Ms. Veira were not consistent with her apparent time of death (Veira's body state of decomp vs. last documented interactions with jail staff). Please read the events surrounding both of these inmate's deaths and investigations at the below link.



Is it possible that "professional favors" are being afforded to the VCDPP by other law enforcement agencies? We here at VolusiaExposed.Com are unsure, we ask you the reader to review the documents and come to your own independent conclusion. If, however, you come to the conclusion that these matters deserve an more detailed investigation, we ask you to contact your public officials and request that these matters be investigated.





Now, in support of the concerns in the Nelson and Veira matters, we present our readers with the possible manipulation of the Sgt. Bandorf criminal investigation by VCDPP personnel. The Bandorf matter is presented here as just another possible example of how VCDPP might have engaged in criminal case manipulation.

Sgt. Bandorf was hired by the county jail in 1986. He was known by some in the Volusia County Division of Corrections of being a sort of "whistler blower". In fact in the late 1990's / early 2000's Bandorf had a "run in" with then Volusia County Department of Public Protection Investigator Captain Kenneth Modzelewski. Bandorf (along with other officers) were questioning the employment application of Captain Modzelewski. These concerns of Bandorf were detailed in some Daytona Beach News Journal articles. Further, there were some issues with Captain Modzelewski's ranking participation in the early 1980's Pasco County Sheriff Department's administration. The administration of the Pasco County Sheriff Department came to the attention of a reporter (Lucy Morgan) from the Saint Petersburg Times. Lucy Morgan won the 1985 Pulitzer Prize in Investigative Journalism for her articles exposing alleged corruption in the PCSO. These articles included ones on Mr. Modzelewski.
(THE PASCO COUNTY SHERIFF DEPARTMENT FIASCO WILL BE OUTLINED IN A FUTURE WEB ARTICLE)

By late 2003, Bandorf was placed under several internal affairs investigations. ONE of the investigation initially revolved around allegations that he was viewing porn on county computers. When Bandorf revealed that he was not even working the days the alleged violations were suppose to have occurred, the investigation changed to that Bandorf had somehow made the computers internet accessible, so that others could view porn. Bandorf was eventually cleared of all the "allegations", but apparently by February 2004 he suffered a mental breakdown due to the stress of all the apparent fabricated allegations against him.

In May 2004, while on an extended leave of absence from Volusia County he was arrested for fleeing the police after his refusal to be hospitalized.

We have some questions about the handling of Bandorf's criminal case. Is it possible that VCDPP staff manipulated the handling of his criminal case? And if so, is this type of criminal case manipulation indicative of how other criminal investigations (Nelson and Veira) were "handled"? We will present the documents and questions, we ask you the reader to draw your own conclusions.

Bandorf was arrested by Holly Hill police on May 3, 2004 - by the end of May 2004 it would appear by FDLE and HHPD records that it was HHPD intentions to drop their criminal case against Bandorf.

In the Bandorf arrest, Holly Hill PD secured blood samples from Bandorf, however, these blood samples appear to have been documented destroyed as evidence in a May 18, 2004 HHPD "Evidence Disposal Form". This form appears to be co-signed by property Ofc. Thomann and Sgt. Aldrich (SKA) of the HHPD.



Further, in FDLE lab records, FDLE staff appears to document HHPD desire to not have FDLE "work" the blood samples in the Bandorf case. Some research has revealed that Ofc. Thomann had initially sent the keys to the evidence refrigerator instead of Bandorf's blood samples. When Sgt. Aldrich became aware of the foul up, he apparently advised FDLE to return the keys and that HHPD considered the Bandorf case closed (dropped). Please pay attention to the highlighted areas of the FDLE documents.

Please also note that in the below linked document, a "Cpt. Ken Modulaki" contacted the FDLE lab inquiring why the Bandorf blood work was not being "worked" by the FDLE lab. Is this Captain Ken. Modzelewski of the VCDPP contacting the FDLE lab and involving (thus manipulating the case) himself in a criminal case that he has no involvement in? Can a law enforcement officer involved himself in a case that he has no jurisidiction over? Is that how the Orlando FDLE lab operates, any law enforcement officer can call and request tests be done in cases outside their jurisidiction? Note, the telephone number that is documented as a contact point for "Cpt. Ken Modulaki" - 386-254-1591, was that Captain Modzelewski contact number in 2004? Then, note the final entry in the FDLE lab document - "Holly Hill to bring submission back in to be tested" - what submission, the blood? Wasn't the blood samples documented "destroyed" by Sgt. Aldrich and Officer Thomann in a May 18, 2004 "Destruction of Evidence Form"? Didn't Sgt. Aldrich apparently advise FDLE officials that the Bandorf case was being dropped. What changed HHPD mind, was it "CPT. Ken Modulaki's" involvement in the case? We are unsure, we ask you as the reader to draw your own conclusions.



Surely, since HHPD Sgt. Aldrich and Property Officer Thomann had officially documented Bandorf's blood samples as "destroyed" they will not actually be re-submitting apparently destroyed evidence to the FDLE lab for testing, would they? Apparently the answer is YES THEY WOULD. Please see the below additional FDLE lab documents that clearly indicate that on June 15, 2005 (almost a month after the blood samples were signed off as destroyed by Thomann and Aldrich), Officer Thomann delivers what he passes off as Bandorf's blood samples to the FDLE criminal lab. Isn't it eye opening that this June 15, 2004 evidence submittal was accomplished, AFTER the alleged evidence had been apparently officially destroyed, AFTER HHPD Sgt. Aldrich had advised FDLE that the Bandorf case had been "dropped" and AFTER whom appears to be Captain Modzelewski demanded to know why the Bandorf evidence was not being tested by the FDLE lab? Why did Sgt. Aldrich of the Holly Hill Police reverse his documented decision that HHPD was "dropping" the Bandorf case? Did Modzelewski's apparent involvement in the case influence that reversal? If so, has Modzelewski (or others) in county government used their "influences" to manipulate other criminal investigations?



Did anyone bother to advise the local State Attorney that this criminal case against Bandorf might involve the manipulation / creation of evidence? Apparently not, the local State Attorney found the finding of the FDLE lab to be significance enough to include it as evidence to use against Bandorf in his pending trial. Please see highlighted area of the below attached "Supplmental Discovery/Witness list" filed by Assistant State Attorney Feigenbaum.



(THE COMPLETE BANDORF MATTER WILL BE REVIEWED IN A FUTURE WEB ARTICLE)

So, here are some questions for our readers to ponder:
1. Does it appear that VCDPP officials has in the past used their influences to manipulate criminal investigations / cases?

2. Given the documentation - does there appear to have been manipulation by VCDPP law enforcement personnel in the criminal investigations in at least the Nelson, Veira and Bandorf matters?

3. Is it ethical, legal and permmitable by FDLE standards to allow another law enforcement officials to involve themselves in a criminal case outside their jurisdiction?

4. Why does FDLE refuse to investigate these concerns? Is it because they (FDLE) actively allows uninvolved agencies (to include VCDPP) to influence the forensic testing at their FDLE lab?

5. IF VCDPP staff was able to successfully manipulate a criminal case being handled by the City of Holly Hill (an agency not attached to county government), how difficult would it be for the County to manipulate VCSO (an county agency) criminal investigations, for cases involving possible civil liability for the county.(such as the Nelson and Viera death investigations conducted by the Volusia County Sheriff Department)

We here at VolusiaExposed.Com believe that given the questionable events surrounding the Nelson and Veira investigations, we have the duty to ask the following question. Is it smart for Assistant County Attorney Nancye Jones to be apparently representing the county civilly in these matters, while her husband Major R. Jones is apparently supervising the staff handling the criminal investigations into these matters? Doesn't that appear to be a conflict of interest?

Below is a link on Assistant County Attorney Jones in which we had similar concerns of an apparent conflict of interest. We had concerns that her husband's involvement in apparently most VCSO criminal cases would create a conflict of interest in Attorney Jones serving as a Circuit Court Judge. Apparently, Volusia Sheriff Ben Johnson failed to appreciate this apparent conflict of interest by writing Attorney Jones a letter of recommendation for the judgeship appointment. Therefore, we have concerns that if Volusia County leaders can not appreciate that a conflict of interest appears to exist, that they (County leaders) will not be able to appreciate the conflict of interest that apparently exist in such matters as the inmate deaths.



We also invite our readers to fully review all of the documents attached to this web page, especially the ones involving the deaths of Nelson and Veira. We then ask our readers to ask themselves the following questions:

1. Does it appear that the jail officers falsified their security / safety observations on both inmates Nelson and Veira?

2. By the county not criminally charging the correctional officers with falsification of jail records are they (the county) attempting to reduce their exposure to civil liaibilty in these inmate in custody deaths?

3. It is significant that VCDPP Internal Affairs section had no apparent problems in finding a "criminal predicate" to charge Officer Prevatt with alleged criminal violations (10 total criminal violations)(see the below charging document filed by VCDPP IA section against Officer Prevatt). Therefore, we here at VolusiaExposed.Com are left wondering why VCDPP IA failed to file criminal charges against the officers that apparently falsified their jail logs in reference to jail Inmates Nelson and Veira deaths? It is that criminal charges against Officer Prevatt served the jail's agenda to discredit Mr. Prevatt in his attempts to exposed the apparent criminal activities within the Volusia County Jail's administration? Would filing criminal charges against the officers involved in the apparent falsification of log entries in the inmate Nelson and Veira deaths open the jail up to more civil liability, so therefore, no criminal charges were filed?

Only a proper law enforcement investigation into these concerns can properly answer these disturbing questions. However, since FDLE has gone on the record that they are not interested in investigating these concerns, we leave it to you, the reader, to review the attached documents and to make your own conclusions.
(THE COMPLETE PREVATT MATTER WILL BE THE SUBJECT OF A FUTURE WEB ARTICLE)