VOLUSIA EXPOSED.COM
                   



VOLUSIA SHERIFF DEPARTMENT DEMOTES AND SUSPENDS
HIGHEST RANKING FEMALE DEPUTY OVER ALLEGATIONS OF MISCONDUCT AT THE
FBI NATIONAL ACADEMY



Updated
December 14, 2012
"Every organization rests upon a mountain of secrets." - Julian Assange




UPDATED ON DECEMBER 14, 2012
Additional documents now available



INTRODUCTION
In some law enforcement agencies, the investigative process sometimes is more corrupt, then the corruption it has been assigned to investigate.


In 2012, to our knowledge, Captain Michelle Newman was twice a suspect deputy in two separate investigations centering on alleged moral character violations. We believe that it is important for our readers to understand the events surround the August 2012 investigation, to be able to fully appreciate the matters (apparent corruption) attached to the second (September 2012) investigation.

The first investigation (August 2012) was started over some anonymous allegations that VolusiaExposed.Com received and forwarded to the Volusia County Sheriff Department. We invite you to review those anonymous allegations at face value, at the below web link. In short, the allegations alleged that several deputies (to include Captain Newman) were engaging in extra marital affairs within the Volusia County Sheriff Department. Further, there was a inference that participation in these affairs forwarded some of the deputies' promotional opportunities.


Anonymous allegations received by VolusiaExposed.Com



VolusiaExposed.Com's Article on the
August 2012 Investigation


Captain Newman, along with the other suspect deputies, were cleared of any misconduct in the August 2012 investigation. In fact, if anyone was indicted by the VCSO for misconduct in the August 2012 investigation, it was VolusiaExposed.Com. Using such terms as fully libelous, hostile, malicious and politically motivated, the VCSO implied that VolusiaExposed.Com was less than honorable in forwarding these anonymous complaints to their office. We invite you to review the below linked copy of VCSO's Investigative Report of the August 2012 Fraternization Investigation. Determine for yourself the quality of the investigation. Were officers merely allowed to deny the allegations?


August 2012 Report of Investigation (ROI)


Notice that within the above ROI on page 2, paragraph one, the investigating officer states that the anonymous complainant "did not provide any corroboration, such as dates, times or locations for where this activity is suspected of occurring."

However, this is simply not accurate - we invite you to re-read the above linked anonymous complaint, and it clearly indicates an allegation that Captain Newman and Major Robert Jones were known to rendezvous at the 24 hour gym located in the same shopping plaza that the DeLand VCSO district office was located. So ask yourself, why didn't the VCSO investigator question any of the staff members of the 24 hour gym? Notice how all the "witnesses" that were "interviewed" were heavily connected to the VCSO.



Further, neither Captain Newman, nor Major Jones were questioned regarding the allegation surrounding the 24 hour gym. Why were they not questioned? Surely, a denial of such a fact, connected to the complainant's allegations would only go to prove that the allegations were without merit, right?

We now invite you to review Major Jones' rather short sworn statement (5-6 minutes), he was never required to address the allegations surrounding the gym. Don't believe us (VolusiaExposed.Com), we encourage you to read their (VCSO) own paperwork - see below testimony of Major Robert Jones.


Major Jones' Testimony


Now that you (the reader) have an understanding of the first fraternization investigation - let's move on to the next installment of allegations that were attached to Captain Michelle Newman. Only this time the allegations were not forwarded to the Volusia County Sheriff Department from the alleged, fully libelous, hostile, malicious and politically motivated VolusiaExposed.Com - oh no - these new allegations came directly from the FBI's National Academy. Things are about to get interesting. But before we move on - what did you think about that first investigation? Did the VCSO investigate those allegations to the fullest, as stated by Internal Affairs Investigator, Sgt. Tatum?


CAPTAIN MICHELLE NEWMAN
vs
THE FBI NATIONAL ACADEMY


Last July (2012), Captain Newman, the highest ranking female deputy within the VCSO, enrolled at the FBI National Academy in Quantico, Virginia.

However, in November 2012, VolusiaExposed.Com became aware that Captain Newman had been expelled from the FBI academy due to alleged misconduct. We were also advised that Captain Newman's alleged misconduct at the FBI academy was similar in nature to the August allegations and investigation.

Below, you are encouraged to review the following documents: the VCSO investigative report, the FBI memo detailing the allegations attached to Captain Newman's attendance at the academy, and Newman's sworn testimony during the VCSO internal investigation. We suggest you review each report very carefully - because your understanding of what these documents say will greatly assist you in determining the quality and veracity of the VCSO internal affairs investigation. (YOU MIGHT EVEN CONSIDER PRINTING THEM OUT, SO YOU CAN DO A SIDE BY SIDE COMPARISON, AS WE MOVE FORWARD)



VCSO Investigative Report - Captain Michelle Newman



FBI Memo - Captain Michelle Newman


Transcript of Newman's Testimony
FBI Academy dismissal


Listen to Capt. Newman's Sworn Statement


QUESTIONS, CONCERNS AND OBSERVATIONS REGARDING
THE SHERIFF DEPARTMENT'S INVESTIGATION


After VolusiaExposed completed our review of the above documents, we expressed some particular concerns / questions to the VCSO, regarding the handling of this particular investigation (September 2012). Our concerns centered around our belief that this investigation was conducted outside the perimeters of Florida Statutes 112.531 to 112.535, commonly referred to as the Florida Officers Bill of Rights. We invite you to read our EMAIL to the VCSO, in which we address our questions. Gary Davidson, the Public Information Officer with the VCSO was kind enough to supply us with answers (in GREEN font, to the right of the screen) to our questions and concerns within this EMAIL .


Were Florida Statutes violated?
and
The clairvoyance of the VCSO investigators


We believe that the VCSO's answer to Question #4, possibly indicates that their entire investigative process in this investigation was corrupted from the very start.

Ask yourself this, since Florida Statute 112.532(d) encourages that all identifiable witnesses be interviewed prior to interviewing the suspect officer, why didn't the VCSO investigator even attempt to interview the witnesses identified in the FBI memorandum (Robert Turner, his roommate, and Mr. Cappetta, and other academy students)?

In their (VCSO) response to VolusiaExposed, they state that "since Michelle Newman admitted to the inappropriate behavior and the policy violations for which she was being investigated, it was not deemed necessary to contact the other party for purposes of the IA". We (VolusiaExposed.Com) can't seem to figure out how the VCSO investigators could have known that Newman was going to allegedly admit to the inappropriate conduct, prior to their interview of her on November 2, 2012.

Maybe, Newman had another interview with the VCSO investigators prior to November 2, 2012, or she was talking around the Sheriff's Office about how she would admit to the inappropriate conduct. NOPE - that can't be it either, Florida Statutes also forbids unrecorded interviews of the suspect officer, or anyone talking about an open internal investigation.

VolusiaExposed.Com has requested all of the recorded interviews with Captain Newman, and the VCSO has only provided the November 2, 2012 interview.

So logic dictates, that it was impossible for the VCSO Investigators to conclude that Newman would admit to the inappropriate behaviors, prior to their official recorded interview of her on November 2, 2012. Maybe there is a little wiggle room, in that in Mr. Cappetta's (FBI) memorandum he states, that Newman admitted to some inappropriate behavior?, However, ironically, during the November 2, 2012 interview with VCSO investigators, she appears to recant some of those admissions. (THESE INCONSISTENCIES ARE DISCUSSED, IN FURTHER DETAIL, LATER IN THIS ARTICLE - SEE BELOW)

So, are the VCSO investigators clairvoyant? We don't believe so, how about you?

Questions (on the record) to the VCSO

VX Question 1. Since Newman states medical / emotional concerns as a possible rationale for her apparent failures and conduct - was she required to take a fitness for duty physical / evaluation prior to returning to duty? If yes, do you have any documentation to support that she was required to do such (Copy requested) - If she was not required, why?

VCSO Answer: She was not required to take a fitness for duty evaluation, as her medical condition did not require one.

VX Question 2. Does the Sheriff have any concerns that Newman was exercising this type of misjudgement while also being questioned / investigated regarding the previous fraternization investigation (August 2012)?

VCSO Answer: No. The prior allegations were thoroughly investigated and determined to be unfounded. Nothing has changed in that regard and no information came to light in the most recent internal investigation that would have any bearing on the facts or circumstances of the prior IA.

VX Question 3. The received documents indicate that the NA started on Sunday, July 15, 2012 - the NA is a 10 week long program, therefore, it would appear that the NA would have been complete on or around September 22-23, 2012. When did the VCSO become aware that Newman did not complete the NA, and how (via Newman, via the FBI........)?

VCSO Answer: As noted in the ROI, our notification was received on September 18th in a phone call from Unit Chief Cappetta with the FBI National Academy.

VX Question 4. Did Capt. Bonnevier (or any other member of the internal affairs team) attempt to / or make contact with Mr. Turner or his roommate, in an attempt to vet out the allegations that Newman denies in the ROI, to include, but not limited to, that she slept with Mr. Turner and that the room was not reconfigured? If not, why ? (F.S. 112.532( d)) - "All identifiable witnesses shall be interviewed, whenever possible, prior to the beginning of the investigative interview of the accused officer."

VCSO Answer: No. Since Michelle Newman admitted to the inappropriate behavior and the policy violations for which she was being investigated, it was not deemed necessary to contact the other party for purposes of the IA.




IF IT WALKS LIKE A DUCK, AND QUACKS LIKE A DUCK, IT MUST BE A .......?

In a follow up EMAIL to VolusiaExposed.Com, the VCSO attempted to assure us that what "Michelle Newman had already acknowledged (her inappropriate behavior)) in her interview with Mr. Cappetta..........Because of that, and in conjunction with Mr. Cappetta’s written memorandum, the conduct and resulting violations that resulted in Michelle Newman’s failure to graduate from the Academy were never a disputed fact".

THE DISPUTED FACTS

Okay people, here is where it pays off to have your printed copies of the following documents.

VCSO Investigative Report - Captain Michelle Newman

FBI Memo - Captain Michelle Newman

Transcript of Newman's Testimony
FBI Academy dismissal


First, before we began - read lines 32-38 of Captain Newman's sworn testimony during the VCSO investigation. VCSO Captain John Bonnevier clearly advises Captain Newman that any false statements would be considered perjury, as defined in F.S. 837.02.

Now read lines 71-76 from Captain Newman's sworn testimony - clearly she is testifying that only some of the allegations contained in Mr. Cappetta (FBI) October 22, 2012 memorandum are true. In fact, Investigator Bonnevier documents on page 2, paragraph 3 of his investigative report (ROI), that "Captain Newman then cited paragraph by paragraph (Cappetta's Memo), what she admitted to and what she denied". So much for the VCSO's email stating that no facts were in dispute...right?

Read lines 84-85 from Captain Newman's sworn testimony - she clearly disagrees with Mr. Cappetta memorandum inference that her and fellow student Robert "Rob" Turner were a couple.

Read line 92 from Captain Newman's sworn testimony - she clearly states no knowledge of Mr. Turner's room being reconfigured, as stated by his roommate to Mr. Cappetta (see Cappetta's FBI Memo). The rationale for the room reconfiguration was apparently to given Newman and Turner more privacy. Who is telling the truth - the roommate or Newman? Why wasn't this dispute in the facts vetted out? Why wasn't this inconsistency challenged by the VCSO investigators?

Read lines 115-117 from Captain Newman's sworn testimony - she admits "kissing and sitting on his (Turner) bed", but denies any sexual contact to include "fondling" with Mr. Turner. Now read page 2, last paragraph of Mr. Cappetta memorandum - he clearly documents that Captain Newman "admitted to kissing, cuddling and fondling while in bed with him (Turner)". Ask yourself, can both statements be accurate, or must one be a lie? Are these statements in "dispute" with one another?

And lastly, just as an FYI - read lines 130-133 of Captain Newman's sworn testimony - she states that there were couples at the National Academy that were caught by FBI counselors engaging in sex, and they were not dismissed from the FBI NA? We would imagine that if this statement is in fact true, that the credibility of the FBI NA is in severe decline. We have contacted the FBI NA and advised them of this allegation, so that they can investigate as they see fit.


VolusiaExposed.Com's email to FBI Unit Chief, Greg Cappetta



THE VCSO INVESTIGATIVE FAILURES

So, why didn't VCSO Investigator Bonnevier challenge Captain Newman's sworn statement that she and Robert Turner did not engage in fondling? After all, according to Mr. Cappetta's memorandum, she had already admitted to engaging in fondling.

Why were none of Captain Newman's inconsistent statements challenged by the VCSO investigator?

Maybe, VCSO Public Information Officer, Gary Davidson provided some insight on why Captain Newman's veracity was not challenged, within his (Davidson's) answer to our Question # 2.

Question # 2

VX Question 2. Does the Sheriff have any concerns that Newman was exercising this type of misjudgement while also being questioned / investigated regarding the previous fraternization investigation (August 2012)?

VCSO Answer: No. The prior allegations were thoroughly investigated and determined to be unfounded. Nothing has changed in that regard and no information came to light in the most recent internal investigation that would have any bearing on the facts or circumstances of the prior IA.


In the below linked Notice of Demotion and Suspension, Sheriff Johnson noted that Captain Newman's behaviors attached great embarrassment to the agency.

We agree with Sheriff Johnson. But then again, Captain Newman's inappropriate behaviors were the actions of merely one member of the VCSO, imagine if several deputies had participated in similar behaviors, imagine the level of embarrassment that would bring to the agency.


Captain Newman's
Demotion and Suspension notice


In the August 2012 Fraternization investigation, several deputies, to include Captain Newman and other senior members of the VCSO, were accused of extra marital affairs and fraternizations, similar in nature to the Newman - FBI Acadmey scandal.

As you can review for yourself, the quality and professionalism in the August 2012 investigation is "questionable" at best, and a cover-up at worst. (Our opinion)

In the August 2012 investigation, Captain Newman, as well as other senior staff of the VCSO, flatly denied the allegations of fraternization and extra marital affairs. Now imagine if Captain Newman's veracity came into question in this related FBI Academy investigation.

Could that possibly be enough cause to re-open the August 2012 fraternization investigation?

Could several senior VCSO staff members careers and marriages hang in the balance?

Has Captain Newman's internal investigation and disciplinary action been "managed" by senior staff members to insure her cooperation in not revealing more of the facts attached to the August 2012 investigation?

Could this be the reason why the VCSO IA investigators knew how Captain Newman was going to testify, because the recorded interview was nothing more than rehearsed, scripted out theater, for the benefit of the official record? Interestingly, in both investigations (August and September) several of the suspect deputies have pre-written statements to read into the official record.


August 2012 Investigation



OUR FINAL THOUGHTS AND COMMENTS

In this article, VolusiaExposed.Com has presented documents attached to two related investigations. We have presented what we believe to be honest, logical and fair questions surrounding both of these investigations. Further, we have expressed some opinions. However, it is up to each and everyone of our readers to form their own independent opinions regarding the quality and veracity of these investigations.

But, once you come to your opinion, we wish to ask our readers this question. Based on your opinion of these above listed internal investigations, how confident are you with ANY investigations coming out of the Volusia County Sheriff Department (whether criminal or administrative)?

Frankly, we hold the opinion, that the citizens of Volusia County and the staff of the Volusia County Sheriff Department deserve better.

WE SHALL CONTINUE TO MONITOR THIS SITUATION FOR FURTHER DEVELOPMENTS.

-----------------------------------------------



----------------------------------------------------



If you found this article to be thought provoking, we (VolusiaExposed.Com) invite you to review, the below linked, Special Investigative Report, exposing law enforcement corruption with the State of Florida.

SARASOTA HERALD-TRIBUNE'S
SPECIAL INVESTIGATIVE SERIES ON LAW ENFORCEMENT CORRUPTION

UNFIT FOR DUTY
by Matthew Doig and Anthony Cormier
Tarnished badge, flawed system
Police unions / political clout
Predator in uniform?
What the personnel files reveal
Problems and solutions
Flagrant abuses invite little scrutiny
Problem officers still find work
How serious offenses go unreported
Sworn to protect....their pensions
Governor investigates CJSTC
Additional concerns surrounding the
Volusia County Sheriff's Department


VCSO deputy supplies underage females with alcohol.

VCSO deputy sexually approaches female prisoner?

Sex and the Badge
Extra-martial affairs within the VCSO?


VCSO deputy engaging in sexual relationship, while on duty?

VCSO deputy attempts romantic relationship with felony suspect?

VCSO deputy sexually assaults handcuffed woman.

VCSO deputy reprimanded for domestic violence arrest

VCSO Frangiamore-Carper murder-suicide incident

Questionable In-Custody Deaths
Click Photos


We look forward to your comments on this situation.
Drop us a line to let us know what you think.

EMAIL US



Sex Crimes
and
VCSO Press Releases


The VCSO issued a press release on the Stewart-Marchman molestation incident - but did not issue a press release of a jail rape - why not?

VolusiaExposed.Com article
No VCSO Press Release on Jail Rape?


VolusiaExposed.Com article
Rape at the Volusia Jail



---------------


DID A CONFLICT OF INTEREST
INFLUENCE THE JAIL'S
RAPE INVESTIGATION?


Assistant County Attorney, Nancye Jones handles many of the litigations coming out of the Volusia County jail.

Nancye Jones' husband, VCSO Major Robert Jones, supervises the deputies that investigate possible criminal violations within the county jail.

We have concerns that several criminal investigations have been possibly manipulated, in order to reduce the County of Volusia's civil liability.

Our concern includes this particular in-custody sexual battery investigation, and the below listed situations.

We invite you to review our concerns.

The Mary Knudsen Incident

The in-custody death of Inmate Tracy Veira
Falsification of Documents by County Officials



---------------


The Failure of the FMJS Jail Inspection Process, Florida needs to return to the independent FAC 33-8 Inspection Process.

Florida Jail Oversight in Retrograde



Follow Us on FACEBOOK