MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

October 27, 2009

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in special session on October 27, 2009 at 9:04 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Chuck Nelson, Commissioners Robin Fisher, Trudie Infantini, Mary Bolin, and Andy Anderson, and County Manager Howard Tipton and County Attorney Scott Knox. 

 

 

 

Invocation was given by Reverend Glenn Dames, Pastor, St. James AME Church, Titusville.

 

Commissioner Fisher led the assembly in the Pledge of Allegiance.

 

 

 

 

Chairman Nelson advised, the Board has been invited to the roof raising ceremony for the new Viera Hospital next Thursday; and inquired if the Board would like to take a break during its meeting to attend the ceremony.  Commissioner Bolin stated she would like to be able to attend.  Commissioner Nelson stated the ceremony begins at 11:00 a.m.; and the Board could take a break at 10:50 a.m., based on how the meeting is going.  He stated he thinks it would be worthwhile for the Board to attend. 

 

 

 

Commissioner Fisher stated October 31, 2009 is the last day for people to write their letters for the Save Space Campaign; he has 1,000 letters that will be delivered to the EDC (Economic Development Commission) today; and the EDC will be mailing the letters to the White House.  He noted the campaign will continue until there is a decision by the President; and if anyone still needs to send a letter, they can go to www.savespace.us and write a letter.

 

 

Hon. John M. Harris, Eighteenth Judicial Circuit Court, stated on behalf of the Judges in the Eighteenth Circuit Court, he would like to thank the Board to invite them to participate in today’s Workshop; and he would like to provide the Board with a broad overview of the Court’s involvement in the process, and in the system.  He stated the criminal cases are resolved by trial court judges; there are two levels of trial court judges in Brevard County; there are County Court Judges and Circuit Court Judges; there are 11 County Judges in Brevard County; eight of those Judges handle criminal cases full-time; three of those Judges handle civil matters; the criminal cases that are heard are those categorized as misdemeanors; misdemeanors are defined as those punishable by up to one-year in the County Jail; and those misdemeanors are heard by the eight County Court Judges.  Judge Harris stated there are 15 or 16 Circuit Judges; of those, there are six Judges that hear felony cases; and stated felonies are crimes in which punishment is one-year and a day, or more, in the Department of Corrections.  He stated the most common misdemeanors heard are DUI’s and Battery/Domestic Violence; there are different categories of felonies; third-degree felonies are the least serious of felonies, which are crimes where the maximum penalty that can be imposed is up to five years; the maximum that can be imposed on second-degree felonies is up to 15 years; and the maximum that can be imposed on first-degree felonies is 30 years.  He noted Circuit Judges can also hear those crimes in which the maximum penalty could be up to life in prison, or even death.  He stated occasionally, the Judges will know about a case before an arrest when law enforcement will ask a Judge to review an affidavit and to sign an arrest warrant for someone; in those cases, the Judges will know the facts of a case before anyone is arrested; but that is an exception; and by far, the majority of the time, people are arrested and brought into the system when law enforcement determines probable cause that a crime has been committed.  He stated within 24 hours of an arrest, the defendant is entitled to appear in front of a judge at an initial appearance; there is a fully functional courtroom in the Jail that is staffed everyday by a Judge, prosecutors, public defenders, court clerks, deputies; at the initial appearance, the defendant will be advised of why they are there and what the charges are against them; the Judge will determine if there was probable cause to support the arrest; if the defendant cannot afford an attorney, counsel will be appointed for them at the initial appearance; and the most scrutinized thing the Judges to is figure out what to do with the defendant while the case is pending, such as Pre-Trial Release (PTR).  He stated as Judges, they hear a lot of complaints, such as a person who was recently arrested on a DUI and they are back on the streets; people wonder why those defendants cannot be held in Jail until their case is over; but there are several reasons why that cannot be done; and the first practical reason is that there is no room at the County Jail, as it has always operated at, or near, capacity.  He stated everyone charged with a crime is presumed innocent until proven guilty; that presumption stays with each defendant until the State can prove to a jury that, beyond a reasonable doubt, that the crime was committed; and if someone is presumed to be innocent, they should not be in a County Jail.  He noted the Statute that governs PTR states there is not only a presumption that people should be released while their case is pending, but they should, in fact, be released on non-monetary condition, meaning without even a bond; the presumption is that for an ROR type of release, or release under the supervision of PTR staff, and if, and only if, the Court finds that those release conditions could not assure the defendants appearance back in court, or cannot adequately protect the public, then a bond can be set; and almost everyone is entitled to have a bond set, and it has to be reasonable under the circumstances.  He stated the next step would be charges that would be brought against a defendant; that is done either by the filing of a formal charging document called an Informational Grand Jury Indictment; but the charges are not brought by the Judges, as it is the function and responsibility of the State Attorney’s Office; and once those charges are filed, the case will begin working its way toward a resolution.  He noted there are three ways a case will be resolved at some point; either the State will decide not to file charges, or to drop charges it did file, or the case will be resolved through a trial, in which there is either a guilty or not guilty verdict; and the most common way cases are resolved is through plea bargaining.  He stated a plea bargain resolves a case without the necessity of a trial;  negotiated  pleas  are critical to the efficient management of the criminal dockets; and without them, the system would come to a crashing halt, as there simply is not enough Judges, courtroom, prosecutors, defense lawyers, and jurors to handle every case by trial.  He stated the Judges do not get involved in the negotiations; and while the Judge does have the discretion, or authority, to either accept or reject a negotiated plea, it is fairly rare that a Judge does not accept a negotiated plea.  He stated following a defendants guilty plea, or a jury’s guilty verdict, the next stage is sentencing where an appropriate sentence will be imposed that can include incarceration in the County Jail or Department of Corrections, or some type of supervision under house arrest.

 

County Manager Howard Tipton, stated with the Juvenile System, he knows at one point there was concerns that the Judges did not have a chance to sentence the juveniles they way they thought there should be; there was a great deal of influence by the Department of Juvenile Justice (DJJ); and inquired if that is still the case.  Judge Harris replied, yes, that is still the case; stated there is a recent case law from the Florida Supreme Court that significantly restricts the Judges’ authority in discretion in juvenile cases only; and the Judges have to follow the recommendations of the DJJ.

 

Judge Silvernail, Chief Judge, Eighteenth Judicial Circuit Courts, stated the Criminal Justice System is a resource-intense process; this is the fourth year of telling the Florida Supreme Court and the Legislature that new judges are needed, but never gotten; the reason for not getting new Judges is economics; but without more judges, more cases cannot be processed; the result of that is jail overcrowding; and frankly, the addition of one or two judges at this point would not do a lot of good, because there would need to be more public defenders, more State attorneys’, and more law enforcement.  He stated some of the things that have been suggested over the years that have not been able to be followed up on, is that a work-release program be developed, in which defendants in the County Jail would be released during daylight hours when they might go out in the community and earn some of their way in life, and perhaps make a contribution toward their stay at the Jail; it can be a complicated process, as when an inmate returns to the Jail they have to be searched; but he thinks a work-release program would be productive.  He stated 10 years ago, he requested the Board instruct its lobbyists to help with the Legislature; Judges cannot employ lobbyists; and it is helpful to the Judges to have a connection to the Board’s lobbyists.  He stated in Brevard County there are very few beds for people who are placed on probation and made the subject of in-house drug treatment; there are very few of those beds in Brevard County; there is a facility used in Seminole County known as “The Bridge”, but it cannot always take Brevard’s defendants because it is always crowded; and a facility has been needed for a long time in Brevard County.  He stated unfortunately, the County Jail is used to keep mentally ill persons from time to time; and there are a limited number of beds in Brevard County in mental health treatment facilities.  He stated Brevard County needs a criminal case coordinator helping the Judges to monitor and make sure the cases were flowing through the system in an even manner; and that would be very helpful to the Judges. 

 

Chairman Nelson inquired to what extent has the Eighteenth Judicial Circuit Court been reduced by the State.  Judge Silvernail replied, over the last year and a half 12 positions have been lost; but that is shared between Brevard and Seminole County. 

 

 

 

Kendall Moore stated he appears in front of the Board occasionally in a professional capacity, but he is here today for a much more personal reason; his family are victims of a violent crime recently; and he is representing himself, his parents, and many other family’s of victims who have suffered the same tragedy.  He stated he also represents the future, in hoping there are not other families who have to endure the same process and tragedy that his family has endured over the last several months.  He stated focus is on the families of victims for many reasons; but there are also families of witnesses that are impacted; even families of suspects and defendants are impacted; and he has concern for the number of children that will grow up without a mother or father in the home.  He stated it is going to take a collaborative effort from everyone if there is really a desire to impact this particular problem; and it is a much broader issue that impacts more people across the County and the quality of life, thereof, that anybody would ever imagine.  He expressed appreciation to the Board for the opportunity to speak today, and for its willingness to focus on the issue of crime prevention.

 

 

 

Ken Pinson stated he wishes there was not a need for him to attend the Workshop today; but it is time for everyone to throw the first stone into the water and create the ripple, and let Brevard County be the first place that cleans up its community.  He advised, on July 22, 2009, slightly after 2:00 a.m., he received the most dreaded phone call a parent can get; the caller told him his daughter, Crystal, was dead; and those words have forever and permanently the remaining days of his life and those of his son, Crystal’s mother, and other family and friends.  He stated on his birthday, August 18, 2009, he was notified that Terrance Oliver had been indicted by the Grand Jury for two counts of first-degree murder, with one of them being his daughter, Crystal; Mr. Oliver had been arrested 29 times or more on felony charges; that meant he had been apprehended and placed in custody on numerous occasions for allegedly violating the laws of society; it also meant Mr. Oliver had been released on numerous occasions for whatever legal reasons; and he concluded that Mr. Oliver should not have been walking among his fellow man freely.  He stated he wondered what within the justice system had allowed that to occur; he questioned many times why Mr. Oliver had ever gotten the opportunity for the attention from his daughter; he wondered how many other daughters, sisters, mothers, or other innocent people had been exposed to the presence of this person; and stated he wondered how many other lives has this man’s actions had an impact on.  He stated those thoughts set off an inner storm within himself to do something, to not let his daughter’s death not benefit someone in some capacity; and stated he could not just let her die in vain.  He stated it does not matter to him what others may think about his daughter; she was a superstar in his life; and he will always see her shining smile.  He advised his mission is to bring about system and societal changes to reduce the probability of someone with this kind of unlawful record from standing beside our loved ones in a grocery store, mall, movie, gas station, neighborhoods, or anywhere else; and that those who seek to enjoy the freedoms of liberty and the pursuit of happiness without bringing harm to others.  He stated he wrote a letter to the Police Chief of Titusville; the letter thanked the Titusville Police Department for the arrest of Terrence Oliver; when he was notified of Mr. Oliver’s arrest, some closure of the horrific event began for him; he has a long way to go; but the process had begun.  He stated his letter today is more about the conditions that allowed Terrence Oliver to be on the streets walking among the general population after being arrested 29 times for felonies; stated he wondered how many more are in the general population; the condition presents a dangerous situation for the general populations; and he would like to learn more about the recent arrests, past arrests, and the seemingly constant release of bad individuals back into society.  Mr. Pinson stated society must be fixed, because he does not see it getting any better; and he does not want another parent, brother, or sister to ever be in his position.

 

 

 

Reverend Glenn Dames expressed appreciation to Commissioner Fisher for having the foresight and insight to hold a crime prevention workshop; and in the faith community, the subject is one that cannot be run away from.  He stated murder statistic rates have dropped overall in the last few years; but lately, they have been inching up the community in which he serves; and accounting for only 13 percent of the country’s population, more African Americans are killed in the U.S. than any other racial group, accounting for 49 percent of all murder victims, according to the FBI.  He advised the Medical Examiner in Cincinnati analyzed all the data on his region’s most recent murder victims; and he realized that 60 percent of the victims had quit school over a five-year period.   He stated he feels that youth are most important to the community; stated he also feels the community needs to hold its bad apples as an example; a safe haven must not be created for the bad apples; and he would not want anyone to go through what his friends have gone through.

 

Commissioner Fisher stated he believes it is important to understand that crime is not just a north Brevard issue, as it is a Countywide issue.

 

 

            Palm Bay Police Department

 

Chief William Berger, Palm Bay Police Department, expressed appreciation to Commissioner Fisher for bringing the topic of crime prevention to the surface; and he would like to thank Commissioner Anderson for his concern regarding the effectiveness of law enforcement.  He advised he has served the City of Palm Bay for five years; he has over 35 years of law enforcement experience; he has served as President of the Florida Police Chief’s Association; and also as President of the International Association of Chief’s of Police from 2001 to 2002.  He stated he has had the privilege of addressing governors, legislators, both houses of congress, and past presidents and leaders from around the world in regard to crime prevention; the crime problems in Brevard County are no different than any other jurisdiction in Florida, the United States, and most of the free world; and law enforcement in the County has a great opportunity to work together to address and fix this problem.  He noted in south Florida, on any given day, there are 25,000 wanted felons who walk the streets; Brevard’s crime problems seem to pale in comparison to other areas; but one crime, and one dangerous criminal living in the community is too many; and if changes are not made, the situation will only get worse, becoming unfixable.  He stated a small number of criminals commit the majority of the crimes, particularly violent crimes; the majority of crime in Brevard County is property and miscellaneous offenses; most property crimes are committed by juveniles and drug offenders; drug abuse and greed related to drug crime results in the majority of violent offenses; and stated finally, a large percentage  of violent  offenders have a long  history  of  property and non-violent vice crimes, such as drugs and prostitution.  Chief Berger stated there are systemic problems with the Criminal Justice System addressing crime in Brevard County; the system is not effectively handling repeat offenders engaging in crime as a lifestyle or career; most offenders continue to progress to violent crimes, as there is no effective consequence to criminal behavior; and there is a disconnect in Tallahassee.  He stated while it is important to recognize Brevard County is a safe place to live, work and play, law enforcement is beginning to see more violent acts of younger and younger offenders; and the most violent crimes occur within high-risk lifestyles, such as between drug dealers, the homeless, and specifically, gang members.  He stated he would like to give the Board an overview of Palm Bay’s top 10 offenders from the past three years; they are divided into five adults and five juveniles; and the offenders were chosen randomly for the overview.  He stated Steven Terry, 23 years of age, is now deceased as a result of a violent crime after being released from jail; Mr. Terry had 15 cases and nine arrests; and advised, Mr. Terry was involved in numerous shootings, allegedly received a quantity of assault rifles, and reportedly aimed rifles at on-duty officers on patrol.  He stated Kenney Gordo, 26 years of age, has 23 cases, 18 arrests, and is currently in the Brevard County Jail; Steven Jackson, 21 years of age, has 23 cases, 11 arrests, and is currently in the Brevard County Jail; stated Robert Gonzales, 23 years of age, has 20 cases, 12 arrests, and is currently out of jail; and Warrant Camarda, 20 years of age, has 21 cases, 12 arrests, and is currently out of jail.  He stated of the juveniles, J.P., 17 years of age, has 26 cases, 15 arrests, and is currently out of jail; stated J.P. is one of three brothers with a combined 100 offenses; and he is on a six-month waiting list for detention.  He stated G.W. 15 years of age, has 26 cases, 21 arrests, and is currently in the Department of Juvenile Justice in Osceola County; S.T., 17 years of age, has 18 cases, 13 arrests, and is currently out of jail; J.H., 14 years of age, has 16 cases, 11 arrests, and is currently out of jail; and M.W., 14 years of age, has 16 cases, 14 arrests, and is currently out of jail.  He stated there is a consistent pattern countywide; it is a proverbial revolving door; and there needs to be swift and sure punishment, no conflicts with Constitutional protections.  He stated some recommendations include adjudication of all gun and violent crimes, funding for more prosecutors, citizens judicial watch group, review of all “no file” cases, improved assessment at I.P. hearings, funding for more corrections facilities, and a system to monitor career criminals.  He stated it is important to protect the citizens of the community, and the Palm Bay Police Department will extend whatever help is needed.

 

Commissioner Fisher stated in Chief Berger’s recommendations, he did not hear anything about how to keep kids out of the system; stated Chief Berger mentioned five juveniles under the age of 17; part of the challenge in the future is keeping the 14, 15, and 16-year olds out of the system; and in the long-term, it has to be part of the answer to the problem.  Chief Berger replied there is more to it than just putting kids in an institution, it is an entire system; a strong message needs to be sent to Tallahassee; he believes once a criminal is 20 years old, they become a career criminal; but a difference can be made at the first encounter and truly send a strong message; and he is a firm believer that if an impression is made from the beginning that there will be ramifications for what kids do, a difference can be made.

 

Commissioner Anderson stated a few years ago there was some initiative to start holding parents accountable for a 14 year old; and inquired what happened to that initiative.  Chief Berger replied 40 percent of his complaints who enable their kids and ask why the police are picking on their kids; somehow, parents have lost the feeling that they are responsible for their children until they leave home; and parents will find any excuse not to hold themselves accountable.   He stated a juvenile curfew is being looked at right now, along with an alternative school program; and he is looking for different ways of dealing with juveniles.  Commissioner Anderson stated law enforcement has very little authority to do anything with the parents.  Chief Berger stated restorative justice is a concept that is being utilized in Canada currently, in which the criminals pay back to the victims in some form, whether it be labor or cost recovery; but society realized the current system is not working. 

 

Commissioner Anderson stated Brevard County has a big issue with prescription pills; there is even a related murder in West Melbourne; stated Florida prescribes 80 percent of all oxycontin in the United States, according to a recent documentary he watched; and he knows there were loopholes that are supposed to be closed in 2010.  Chief Berger advised he met with the new Drug Czar, who went to Broward County recently and was appalled as he saw individuals going in to paying clinics and purchasing hundreds of oxycontins and other sedative-type drugs; and within minutes these individuals would go back and purchase the drugs again.  He stated law enforcement needs to work with the medical community because there is a total disconnect; he cannot under stand how a doctor, seeing the same person within hours, could possibly prescribe those drugs; it is law enforcement’s number one problem; unfortunately, the Federal Government is always behind by saying drug usage among young people is down; but the bottom line is that they are not measuring what the drugs are today, which are pharmaceutical drugs, not the drugs of the past. 

 

 

            Cocoa Police Department

 

Chief Mark Klayman, Cocoa Police Department, stated his presentation will illustrate the gravity of the situation; and he has five cases he would like to illustrate.  He advised, his presentation is a compilation of information regarding the arrests and prosecutorial outcomes of five of Cocoa Police Department’s most popular criminals; most have served small prison sentences over their time; the information details their arrest dates and comments made during the prosecution of their cases; and this update also includes the number of cases filed, no-filed, and pleaded down.  He stated John Horace Dixon, 29 years of age, has 40 felony arrests and 49 misdemeanor arrests, making the total number of arrests 89; stated 47 charges were dropped by the State Attorney; 15 charges were pled to; 25 charges were plea bargained to a lesser offense; 2 jury trials were conducted; and he has had a total of nine felony and 18 misdemeanor convictions.  He stated Terry Ozell Suggs, 38 years of age, has 34 felony arrests and 29 misdemeanor arrests, making his total number of arrests 63; 30 charges were dropped by the State Attorney; 20 charges were pled to; eight charges were plea bargained to a lesser offense; five jury trials were conducted; and he had a total of 12 felony and 11 misdemeanor convictions.  He advised, Neally Cunningham III, 38 years of age, has 31 felony arrests and 24 misdemeanor arrests, making his total number of arrests 55; 23 charges were dropped by the State Attorney; 19 charges were pled to; seven charges were plea bargained to a lesser offense; six jury trials were conducted; and he had a total of eight felonies and 13 misdemeanor convictions.  He stated Andrae Leron Johnson, 32 years of age, has 31 felony arrests and 26 misdemeanor arrests, making his total number of arrests 57; 22 charges were dropped by the State Attorney; 25 charges were pled to; seven charges were plea bargained to a lesser offense; two jury trials were conducted; and he had a total of eight felony and 13 misdemeanor convictions.  He stated Kennedy Harris, 39 years of age, has 30 felony arrests, 19 misdemeanor arrests, making his total arrests 49; 22 charges were dropped by the State Attorney; 18 charges were pled to; five charges were  plea bargained to a  lesser offense;  four jury trials were conducted; and he had a total of eight felony and four misdemeanor convictions.  Chief Klayman noted the weapons seized in conjunction with criminal conduct include .45 caliber, 9mm, .32 caliber, Glock 40, Mossberg 500, Savage Arms, AK-47, Saiga 7.62, Hi-Point .380, S&W .32, Keltec P32, and Springfield .45; and noted a total of 170 weapons were seized from the streets in a three year period.

 

Commissioner Nelson stated he knows Chief Klayman does a lot of community-based activities; and inquired if he is starting to see the benefits of those activities.  Chief Klayman replied yes, those activities are specifically designed at building trust with the people the Police Department serves; those activities have been very productive for the Police Department; and he is now starting to get information that helps solve crime in a more efficient and effective manner.  Commissioner Nelson inquired if there is anything the County, or cities, can do in assisting in that kind of effort; and if more can be done, what would it be.  Chief Klayman stated it is all about partnerships; there are areas of Unincorporated Brevard County within the City of Cocoa; and if programs are done that are more unified throughout the geographic area, it could be more productive.

 

 

            Brevard County Sheriff’s Office

 

Lieutenant James Woosley, Brevard County Sheriff’s Office, stated he will give the Board a synopsis of arrest and prosecutorial outcomes of three Brevard County subjects with extensive violent criminal histories.  He noted the first case study is a 28-year old male who has been charged a total of 50 times; of the 50 charges 28 were felony charges, with 16 being violent crimes; he has had 22 misdemeanor charges, which two being violent crimes; stated he had a total of 10 felony convictions, of which two were violent crimes; and a total of 11 misdemeanor convictions, one of which was a violent crime.  He stated the second case study is of a 22-year old male who has a total of 34 charges; 24 charges were felonies, with 15 of those being violent crimes; he had 10 misdemeanor charges, with two of those being violent crimes; there were two felony convictions, both of which were violent; and he had a total of two misdemeanor convictions.  He stated the third case study is a 25-year old male with a total of 79 charges; out of 53 felony charges, 30 were violent; out of 26 misdemeanor charges, nine were violent; he had a total of five felony convictions, of which three were violent; and out of 15 misdemeanor convictions, one was violent.  He stated violent crimes are those in which a firearm was used, or another weapon, battery against other individuals, robberies, assault or battery on a law enforcement officer, battery on the elderly, and simple domestic violence; and as most everyone knows, domestic violence often escalates to more violent crimes.  He noted in all three case studies, the violent crimes are over 50 percent of the felony crimes they convicted; and more violent crime is committed than anything else.  He stated there are numerous factors involved in whether a person is convicted; but none the three individuals he spoke of are in the Department of Corrections; and with committing that many amount of felony violent crimes, those three individuals should be in prison.  He stated the Criminal Justice System needs to focus and prioritize the violent criminals; he understands every agency is dealing with shortfalls in finances, but that seems to be here to stay for the next couple of years; and if that is the case, then these violent individuals need to be dealt with, with the resources available.  He stated in order to do that, law enforcement and the criminal justice system needs to prioritize that small percentage of criminals committing the violent crimes; those people cannot be allowed to continue  to  fall  through the  system;  and then fall back onto the streets to re-offend.  He noted the three case studies also had numerous probation violations; probation is a privilege, and if violated, that person should go back to prison; however, the three individuals violated their probations numerous times, but they get put right back out on the street.

 

Commissioner Infantini inquired why criminals are allowed back on the street when they violate probation.  Lieutenant Woosley replied there are numerous reasons; criminals violate a condition of their violation, which is sanctioned by the courts; they then go back in front of the Judge that put them on probation; and then there is a hearing to determine what happens to that violation.  He stated in other cases, a probation will be extended; the probation office has a huge case load; they are doing the best they can as far as personnel; and the focus needs to be on sending criminals back to prison if they violate their probation.  Commissioner Infantini inquired if tougher rules need to be put into place so that there is not as much latitude; apparently, what happens is an individual goes back before a judge, and then it is determined if it is a situation in which the individual should be allowed to continue his or her probation, even though they have violated it; and inquired why the parameter is set in the first place if it is not going to be enforced.  She noted she was made aware of a case in which an individual was released on ROR; they were arrested for attempted first-degree murder; stated she is missing the correlation; and she is just trying to find a resolution. 

 

Lieutenant Woosley stated it is an eye-opener to see Chief Berger’s presentation in which there is a 14-year old child committing so many crimes; stated he does not have the $1 million answer; but he does know there are programs, such as the Space Coast Marine Institute, which is a court ordered program; seven out of 10 boys that graduate from that program never re-offend; it is a success story; and more programs like that are needed to deal with juveniles.  He stated also mentioned today was the pharmaceutical drug trafficking; stated he worked in the narcotics division for a long time; numerous arrests have been made on I-95 of citizens of Kentucky that will drive to the Miami area of south Florida and spend two or three days shopping doctors; they will get as many oxycontins or oxycodones as they can during those threes day, in order to take them back to Kentucky and sell them; and stated he agrees with Chief Berger that there are some issues that are being addressed to try to fix that loophole.

 

 

            Melbourne Police Department

 

Chief Don Carey, Melbourne Police Department, stated last year, Melbourne experience a 23 percent increase in violent crime over the 2007 totals; the Police Department responded to that with extra details targeting guns and known criminals; high crime areas were flooded with uniformed officers in an attempt to deter crime; and the Department also worked with the DEA and other agencies in order to do some undercover operations in order to get inside the young adult gangs and disrupt their activities.  He stated currently, crime is down eight percent in Melbourne; but violence continues to be a concern; the Sheriff’s GAME OVER Task Force has helped the Department a great deal, in being able to go after known criminals and put them out of business; but the most important thing he would like to talk about is how drugs drive crime.  He noted the National Institute of Justice completed a study last year that indicated that 90 percent of individuals involved in crime are either directly or indirectly involved in drugs; and virtually all of the pharmacy armed robberies occur at the drug counter, not at the money counter.  He stated when the Federal Government does its study’s of the top 50 cities throughout the nation  every year,  over 70  percent  of the individuals  booked into jail are either under the influence of drugs or alcohol; those are self-admission surveys; and he would think that people under the influence of drugs or alcohol are probably lying a little bit, and percentages may be even higher.  He stated until law enforcement can get a handle on the drug trafficking, it is going to be difficult to control violent crime.  Chief Carey noted there have been some tough times in Brevard County; in the last three years, the Melbourne Police Department’s budget has been reduced; three police officers were lost through attrition, and not able to be replaced; even the State Attorney’s Office (SAO) has lost over one-third of its personnel; the SAO is very important in that it determines who goes to trial, and how vigorously they are prosecuted; and with one-third of the SAO’s staff gone, it is difficult to do that.  He stated additionally, the State has made cutbacks at FDLE (Florida Department of Law Enforcement), which has affected the Police Department’s forensic investigation.  He advised the Melbourne Police Department has worked diligently with the Police Community Relations Commission in Melbourne to try to work with the community; unfortunately, the system, over the years, has mitigated towards looking after the perpetrators instead of the victims; the victims are the people the system needs to look after; and as a long time police officer he feels strongly that the best way to control crime is to put criminals in jail and keep them there.  He noted the State needs to stop cutting back on Corrections budgets so that the career criminals can stay in jail and not be a part of society anymore; they need to be put away and kept in jail; and he looks forward to a continued relationship with the Board of County Commissioners, as it continues to support public safety.

 

 

            Titusville Police Department

 

Assistant Chief John Lau, Titusville Police Department, stated his presentation today will cover objectives such as illustrating challenges within the Criminal Justice System, an example of a repeat offender, and explain why criminals are able to re-offend.  He stated the Board heard about Terence Tabius Oliver from Mr. Pinson, earlier; and Mr. Oliver had 32 felony charges, one conviction, 15 misdemeanor charges, and 13 convictions.  He noted in 1994 Terence Oliver committed an armed robbery at the Goodings in Titusville; he was tried and received four years and four months in the Department of Corrections; he was released in 1998, and nine months after his release he broke into an apartment, pistol whipped the male, kidnapped the female, took her to another location where he committed a sexual battery on her; unfortunately, when criminals commit bad crimes on other criminals, sometimes their testimony is not looked at equally, as they are not cooperative; and Mr. Oliver never faced any charges for that crime.  He stated in March 2000, Mr. Oliver had an active warrant for an armed robbery in Volusia County; officers recognized him driving a vehicle and initiated a traffic stop; Mr. Oliver did not stop for the officers and had an accident, which allowed police to get him in custody; and Mr. Oliver was sentenced and pled guilty to those charges of fleeing and alluding.  He stated the hope was that Mr. Oliver was going to go away for a long time for the pending robbery in Volusia County; those charges dissipated; and Mr. Oliver only received 48 days in the County Jail.  He stated between March 2000, June 2000, and July 2000, Mr. Oliver plea bargained to three separate felony cases, all within two years of his prison release from the initial robbery.  He stated he supports plea bargaining, but it has to be a win/win situation; Mr. Oliver was sentenced to 48 days for fleeing and alluding; two months later, he received 12 months of community control; one month after that, he received one-year of supervised probation while he was on community control; stated he looks at that as working backwards; criminals should start with community control and probation, and then move on to prison; but the system is going in reverse; and that is part of the problem.  Assistant Chief Lau stated in 2001, Mr. Oliver robbed a convenience store in Titusville; he robbed the lone, female clerk at night; took her money; when she cowered under the counter he shot her twice; and it was told he shot at the victim because in the other robbery someone testified against him, and he did not want that to happen again.  He stated the case ended up pleading to petit theft due to speedy trial lapsing; and the Police Department was extremely disappointed that it never made it to trial.  He stated in May 2002, Mr. Oliver committed another home invasion robbery, in which he kicked in a door of another criminal; they were fighting over stolen rims and tires; Mr. Oliver then pulled his gun and fired multiple times at that homeowner; no one was hurt seriously; that case was also plea bargained; and the defendant was sentenced to probation.  He noted that while he supports plea bargaining, it was not a win/win situation.  He stated Mr. Oliver has been detained by Volusia County Sheriff’s Office, Titusville Police Department, Daytona Beach Police Department, Florida Highway Patrol, Miami/Dade Police Department, and Holly Hill Police Department.  He advised in January 2009, Mr. Oliver choked his girlfriend until she passed out; she faked her own death, instinctively; the girls dad, Mr. Pinson, encouraged her to go forward; she did go forward; the case was resolved; and Mr. Oliver received probation.  He stated two months after his probation, Mr. Oliver kicked in another door, which was at the home of a drug dealer in Holly Hill; he poured boiling water on the person until he gave up his drugs and money; and Mr. Oliver is awaiting trial for that, but not before the horrible incident in July, in which Mr. Pinson’s daughter was killed. 

 

            Florida Department of Law Enforcement (FDLE)

 

Wayne Ivey, Special Agent in Charge, FDLE, stated he is proud of the efforts of all of the law enforcement agencies in Brevard County; every one of them are always willing to work together; working together through public and private partnerships is the key to having success; and he would like to give the Board some examples of what has been done collectively in Brevard County.  He stated Brevard County has the GAME OVER Task Force, which is an acronym that stands for Gang And Major Epidemic Of Violence Enforcement Response; the Task Force is a collective effort; both perpetrators that impacted the Moore family and the Pinson family were taken into custody by the GAME OVER Task Force; their presence in going after those individuals from a fugitive perspective allowed the investigators the time and resources to focus on putting the case together while the GAME OVER Task Force was taking them into custody; and that effort tracked one of the perpetrators to Georgia and the other one through two different counties.  He noted another initiative is the Cease Fire Initiative, which involves many different agencies, goes after getting firearms off the street; taking the individuals off the street who are selling those firearms; and that is what Cease Fire focuses on.  He stated a correlation was heard earlier about drugs and crime; the Sheriff’s Office has a Drug Task Force that is a collective effort from different agencies; unfortunately, today’s budget is attacking everyone; agencies have less officers in their command; and all of the seizures and arrests are a joint effort that is working to take these individuals off the street.  He stated there is also a program in Brevard County that is referred to as SMART, which revisits cold cases; and it also is an effort in which all agencies work together for one common cause.  He stated in Brevard County, whenever there is a child abduction, there is a collective effort by the CART Team (Child Abduction Response Team) that is comprised of every agency in the County; there was recently a case in Palm Bay in which a child was missing; within one hour and 20 minutes, there were over 100 law enforcement officers on scene; all officers are pre-trained; and they all know what their role is.  He stated fortunately the child was found; and fortunately, there was no foul play.  He stated through the various initiatives, FDLE is seeing a positive impact.

 

 

 

Norm Wolfinger, State Attorney’s Office, expressed appreciation to the Board for holding the crime prevention workshop; and stated he applauds Mr. Moore and Mr. Pinson for their courage, because for them to step out into a leadership role is incredible and so important to the community.  He stated he would like to explain the prosecution role; when someone is arrested, they can be arrested on probable cause; the State Attorney’s Office (SAO) has a different burden, which is that it has to prove a case beyond the exclusion of every reasonable doubt; and the Florida Supreme Court has put that burden on the SAO when it files.  He stated the SAO needs the witness to not just tell the police officer that he or she witnessed a crime; the SAO needs witnesses to cooperate before going into the courtroom; and he believes the community needs to be engaged better than it has been in coming up with crime prevention strategies. He stated the SAO and law enforcement need to gain the trust of the community, because cooperation is needed; there can be many arrests, but if there is not enough evidence, he will instruct his staff not to file it; and it does no good to file a case if it cannot be proven.  He stated there are different roles in the Criminal Justice System; the judges have a different role than the SAO; the court can turn down whatever it wants to; and people need to be better educated on the system.  He stated Crimeline is a valuable tool; but there are some people in the community that do not believe it is anonymous.  He stated the SAO is down approximately 30 people, which is significant; the SAO used to have people walking around neighborhoods where a gun crime was committed, advising the community there was a gun crime at the end of the street; and the SAO did that to gain trust.  He stated when there is a witness who is a bad guy that complains to law enforcement that he needs protection, the SAO has to give that person protection whether they like him or not; and that has to be done because the SAO needs that cooperation when they get in the courtroom.  He noted his office started the Cease Fire Initiative; the SAO still meets with ATF and every law enforcement agency every week in his office to discuss gun crime; and to him, gun crime is the most important thing to fight.  He stated he still has prosecutors in every division assigned to gun crimes; stated he is taking one of his senior prosecutors now doing gun crimes, off the trial docket so that he can trouble shoot and go to different areas where needed.

 

Commissioner Infantini inquired what the Board can do to help reduce the incidents of the plea bargaining; when looking at some plea bargains, when the person violated their probation it was pled down to more probation, and when he violated that probation it was pled down to another probation, or else he committed another crime and was put back on probation; and inquired at what point can somebody be sent back to jail so that the citizens and police officers are protected.  Mr. Wolfinger advised, it is case-specific; each case has to be looked at to see what the problem was with that case; it is hard to generalize; but he does not think the SAO is the cause of all of those; and there still needs to be witnesses at violations of probations. 

 

Commissioner Fisher stated he does not think the SAO is the total cause; it is every agency together; and the SAO plays a role, the Commission, the police, and the community all plays a role.  He inquired if the SAO verifies with the victims and the police departments every time a case is reduced to probation; stated anyone looking at Terence Oliver’s record will wonder why he is still on the streets; and inquired how much say did the victims and police have in when Mr. Oliver was allowed back on the streets.  Mr. Wolfinger replied his policy has been to notify law enforcement when there is a plea; there are 5,000 cases in the system every year; the phone works both ways; but his office always contacts victims on pleas.  Commissioner Fisher inquired if what the victims or police officers think makes a difference in the SAO decision.  Mr. Wolfinger replied  it all  depends on  what it is;  when law enforcement disagrees  on certain cases with his office, he meets with them to review it; and usually the two agree to file or not to file.  He stated both the SAO and law enforcement can do better in terms of communicating.

 

Commissioner Infantini inquired, what is the method of communication when the SAO notifies the police department of a potential plea deal.  Mr. Wolfinger advised, an attorney in Titusville wrote an email advising of upcoming cases, and stated if anyone had a special interest in them to let him know; phone calls are another form of communication; but it is hard, as everyone works different hours.  Commissioner Infantini inquired if Mr. Wolfinger maintains some kind of log indicating where the communications took place between the SAO and law enforcement.  Mr. Wolfinger replied no, not on cases from many years ago; but there is a system for tracking that information now.  He advised, his prosecutors are working hard to communicate with law enforcement to try to work the cases together; and they are succeeding. 

 

Commissioner Anderson stated he knows the SAO is on the same team as law enforcement; the overwhelming theme is the violent crimes; stated he would feel comfortable letting repeat traffic offenders out of jail, just to be able to make room for people like Terence Oliver; and he would like to help make that happen.  Mr. Wolfinger noted his office will come up with a better system to monitor when people are contacted on pleas.  Commissioner Fisher stated the Board is hopeful that communication is between every agency.

 

 

The Board recessed from 11:05 a.m. to 11:21 a.m.

 

 

 

J.R. Russo, Brevard County Public Defender, stated his office represents all of the people who are charged with criminal offenses in Brevard County and Seminole County, who do not have the financial resources to hire their own lawyer; and for the most part, his office represents most of the individuals who have been described this morning.  He stated his office handles approximately 23,000 cases per year with 36 lawyers; that is over 600 cases per lawyer; and that is a little over three hours per case, which is a lot of work in not a lot of time.  He stated a little over 99 percent of the cases plead guilty; people are herded through the system like cattle, which is wrong; his office is made up of attorneys and counselors at-law; the attorneys do not get to do much counseling; and one of his better cases was to sit down an acquaintance of his and discuss with him exactly what he was doing with his life and how it needed to be changed.  He noted he had the luxury of doing that because he does not carry a case load; if his lawyers had a couple of extra minutes to do things like that, it may make a difference here or there.  He stated in the past there used to be a Probation and Parole, but today, those functions are another arm of law enforcement trying to enforce the conditions of probation; Probation and Parole used to sit down with people and actually try to counsel them and help them get a job and education; but there is not the time to do that anymore; and that is one of the things that is broken in the system.  He noted the problem is that there are not enough resources to fix any of the problems; and there will not be any time soon.  He stated some things his office sees over and over again are entirely too many people who do not have high school educations; there are entirely too many people who are kids who have kids; there are too many single mothers; and too many families with absent fathers.  He stated if someone can get a handle on those kinds of problems,  there  may  be a chance  to get a fix on the other end; and stated  he is  talking about having families with fathers at home, and kids to stop having kids, people who need at least a high school education to succeed in today’s society, and to stay out of trouble. 

 

Commissioner Fisher stated he agrees with Mr. Russo; it might become the responsibility of elected officials to start putting dollars toward education; and long-term, it would cost more to incarcerate people than to educate them.  Mr. Russo stated he does not have the control, or expertise, to fix the problem, but he thinks it can be fixed; there are not the resources within the Criminal Justice System to hire enough judges, prosecutors, probation and parole people, and public defenders to handle the problem; but things can be prioritized. 

 

 

 

Jack Parker, Brevard County Sheriff, stated it is amazing to him, not the numbers of kids who get in trouble, but the numbers of kids who do not get in trouble; some kids have no love in the household, and no parental support; and they still survive, despite what they see in the home.  He stated the kids who do survive all have an interesting characteristic; they all generally point to a person that came into their lives, whether it was teacher, adult, uncle, or someone that loved them and showed them they have some self worth; and one thing that can be done today is to support any effort of the community to mentor these children that need a strong, healthy adult during a very vulnerable time in their lives.  He stated the time to get to the children is when they are eight, nine, and 10 years old; and there has to be caring adults that make friends with the family and look after the children.  He advised in the 1970’s and 1980’s Florida was in a similar economic time as today; one way the Legislature fixed that problem was to stop providing funding to Florida’s prisons and started new legislation that allowed ridiculous amounts of gang time for violent offenders; and that resulted in early releases from prison of violent people.  He stated in the 1980’s it was not uncommon to see people who were convicted of a second degree murder and get 20 years in prison, but only actually serve three years; most of the time spent awaiting trial in jail, was actually their sentence; and they would be released into the community where they would kill someone else.  He noted Junny Rios Martinez was killed by a man who was released early from prison.  He stated a lot of violence seen today, are committed by people who should be in prison; he is often asked what the answer is to helping to reduce violent crime; the violent guys need to be prosecuted vigilantly; they need to be sentenced to the highest extent possible; and the Legislature needs to keep them in prison.  He stated the initiatives that were put in place in the 1980’s and 1990’s finally began to change thanks to the efforts of State Attorney Norm Wolfinger, and then-Senator Charlie Crist, who sponsored the legislation with the 85 Percent Rule, which basically said if someone is sentenced for a felony, they were going to do 85 percent of their time in prison; it should be 100 percent; but 85 percent is always better than 15 percent.  He noted that rule is still in place, but it is starting to erode.  He advised, at the beginning of the last Legislative Session there was a bill that was passed that states if someone has 56 points, which is a certain number of points for every crime they commit, they could go to prison; but last year the State chose to stop doing that; and if someone has 56 points or less, the judges are no longer allowed to sentence them to State prison.  He stated that is the first indication that there are bad things coming, because when judges are told how to sentence people, it is a bad thing; and there is a slew of bad legislation beginning to brew.  He stated the Legislature is trying to justify giving less money to the Department of Corrections for their prison system; stated people with sentences of life in prison  without  parole  are  now  being  reviewed  to  see if  the sentence was too  strong,  even though they may have killed someone; and it is being questioned as to whether people who have served 25 years in prison should be able to be release and get another opportunity.  He stated there is legislation right now called House Bill 484, which is kindly titled, “An Act Relating to Elderly Inmates”; the Act says that is somebody has committed a heinous offense and was sentenced to life without parole, and have reached the age of 50 years of age, and have good behavior, and have served 25 years of their life sentence, they are eligible for release; and that is deceptive because age 50 is not elderly.  He noted many people who would hurt children are just hitting their stride at age 50; the last thing needed is legislation such as House Bill 484; all of the Sheriff’s have agreed to fight the legislation, but they are not going to be able to do it alone; and on his website is a link to the proposed legislation, and it will show the Bills that are of great concern to the Sheriff’s Office.  He stated in addition to everything heard today, bad legislation may be the biggest threat to the community; and eventually he will ask the Board to send a resolution to the Brevard Legislative Delegation to fight against anything that will make the streets of Brevard County unsafe.

 

 

 

Andrea Alford, Director, Office of District and School Security for Brevard County Public Schools, stated her topic is homeless students, abusive homes, gangs, drugs, and other issues.  She advised she has been in law enforcement for 25 years; she has worked for the School District for 15 years; and she has been the Director for six years.  She stated the School District has approximately 70,000 students in schools, 10,000 employees who work for the District at 85 sites; all the issues law enforcement is dealing with is also being addressed by the School District; and  anyone who works for Brevard Public Schools, or volunteers, wants kids to be in school.  She stated the Statutes mandate that kids be in schools, even if they have committed violent felonies; the District has an alternative learning center, and it is notified by every law enforcement agency when a student is arrested for a violent felony or misdemeanor; and the Office of District and School Security takes appropriate action with the classroom teachers and/or move them off site.  She stated if a student commits an expellable offense, the School District does not want them out on the street, because if the kids are not in school, there is a good chance they will be committing crimes; but the crime rate on Brevard school campuses is down; and a lot of reporting is done.  She stated the School District does a lot of training; the School District received two federal grants for training, totaling almost $1 million, to allow the District to implement the four phases of crisis management, which are mitigation, prevention, response, and recovery; the School District just completed a District-wide bullying program; and Rachel’s Challenge, which was begun after the Columbine attack, has just been initiated in all of Brevard’s high schools, all of the middle schools, and some of the elementary schools.  She noted the School District has a Speak Out Hotline so that kids can report anonymously; and she wants to make sure that information is saturated throughout Brevard County.  She stated what is heard a lot is that the solution resides with the families of school children; inquired if that is not in place, then who is going to fill that place; and stated that is what the School District is looking at.  She stated in the past three weeks in Brevard County Schools she has dealt with a second grader who threatened to kill his teacher and himself, and a student whose father was arrested for domestic violence; the School District has a missing student at least once per week; a parent will call the school and say their child did not get off the bus; and every one of those cases are treated as if they were an abducted child; but almost every time, it turns out that the grandparent picked up the child, the child  got on  the  wrong bus, or  the  child  stayed  after school;  but  the School District does not wait; and it pulls out all resources until that child is located.  Ms. Alford advised, recently, a sixth grader was in possession of oxycodone; the reason the student was in possession of the drug was because his own dentist has prescribed it for a tooth procedure; and the parent allowed the child to self-medicate.  She stated she recently met with the Sheriff’s coordinator for gangs; there are gangs in Brevard County; the reason kids join gangs are the same reasons adults join clubs and societies, because they want to have a sense of belonging and need to make sure they are successful somewhere; and that is why young children are being lost to gangs. 

 

Commissioner Bolin inquired if there are still School Resource Officers in the schools.  Ms. Alford replied, yes, there are School Resource Officers in all of the middle and high schools; the School District pays a certain portion of that, and each agency pays a portion of the salaries for the officers; the Resource Officers are an integral part of the safety and communication, because kids will report to Resource Officers; and Titusville has taken the initiative to pay for its own elementary school resource officers, and there is also a Resource Officer in Cocoa, because there are certain needs that need to be addressed.

 

 

            CRIMELINE PROGRAM

 

Barbara Bergin, Executive Director, CRIMELINE Program, stated CRIMELINE is a non-profit organization; and it is important that everyone knows how the Program works.  She advised, CRIMELINE has been in existence for 32 years; it began in Orlando; and it now covers six counties.  She stated CRIMELINE is a 24 hours per day, seven days per week, answered by live operators who will interview the tipster; once a tip is given, the tipster is given a unique tip number; and CRIMELINE never identifies the tipsters.  She stated the tips are taken and forwarded to law enforcement for follow-up; CRIMELINE has the ability to take phone tips, web tips, and now text tips; if the tips lead to any arrest, stolen property recovered, or felony drugs, law enforcement reports back to CRIMELINE directors who then determine reward amounts; the reward is up to $1,000 for any felony, $5,000 for homicides; and the CRIMELINE Program is recognized across North America as one of the top five in North America.  She stated in the past 12 months, CRIMELINE has taken 11,000 tips from six counties; and that is more than Cities such as New York and Detroit.  She stated within those tips, law enforcement recovered $1.3 million worth of property, and $2.4 million worth of drugs were seized; drugs are the start of a lot of problems in the community; and it is important that the drug tips are the No. 1 tips coming into CRIMELINE, followed by people with active warrants across the six counties.  She stated funding is important to CRIMELINE, as it is a non-profit; there is a State Statute in place in which the judicial system, if it assesses the fine at sentencing, there is monies that come into the grant; and CRIMELINE also does some private fundraising; but if CRIMELINE does not have the money to pay the tipsters, it is going to fail.  She stated the tipsters can even collect their reward money anonymously; there are banks in Brevard County in which people can collect their money completely anonymously; the tipsters will never be identified; and if it were not for the anonymous tip line, important tips may not be given to law enforcement.  She stated the message of anonymity needs to be spread throughout the community.  She stated CRIMELINE  is the umbrella that houses Speak Out, which is a phone number for kids to call; bullying  is the  No. 1 tip taken  from  campuses;  and  the kids are being educated to call Speak Out to report that they are being bullied.  Ms. Bergin stated with the arrest of Terence Oliver, CRIMELINE had multiple tips; and there was one tip that was significant and actually put him in custody.

 

Commissioner Fisher inquired if CRIMELINE has caller-ID; with Ms. Bergin responding no, CRIMELINE does not have caller ID, voice recording, or anything of any sort; and everything is done to protect the tipster from being known. 

 

Commissioner Fisher inquired how the Board can help educate the public on the CRIMELINE Program.  Ms. Bergin replied any opportunity the Board has to tell the community that it is an anonymous program; the tipsters will not be known to law enforcement; and it is a way to get involved and make a difference without having to get in the court system. 

 

 

            Circles of Care

 

Dr. Barry Hensel, Circles of Care, advised a study came out this year from Harvard that suggested that two-thirds of prisoners who had mental illness at the time they were arrested, were off of their medication and treatment regimens; there is a large number of people who have mental health problems who end up in jails and in the Criminal Justice System, when maybe a better alternative would be treatment; and perhaps the under-treatment of mental health problems may lead to crime problems.  He stated in the State of Florida there are approximately 16,000 prison inmates, 15,000 local jail detainees, and 40,000 who are under community correctional supervision, who have serious mental illnesses; additionally, as many as 125,000 people with mental illnesses require immediate treatment, but are arrested and booking into Florida jails; and the vast majority of those individuals are charged with misdemeanors, and low-level felony offenses, which are mostly a result of their psychiatric illnesses.  He stated people who have serious mental illnesses often come in contact with the Criminal Justice System; in addition to these problems, they are typically poor; many are homeless, or uninsured; and they often experience substance use disorders.  He advised the State of Florida spends approximately $250,000 to treat approximately 1,700 forensic commitment inmates; most are receiving services to be restored to competency so they can go to trial and end up in prison; and so, the State is spending enormous amounts of taxpayer dollars on costly back-end services.  He stated in expenditures for forensic mental health services, Florida ranks in the top 10 of states correspondingly for community services at the front-end; Florida ranks 48^th in per-capita spending for mental health services; and the system for mental health treatment in Florida is difficult to navigate.  He stated the Criminal Justice System was never intended as a safety net for the public mental health system; but it has become just that; and the largest institution treating psychiatric patients is not a State hospital, but it is Rikers Island in New York City.

 

 

            Melbourne Police Community Relations Council

 

Yvonne Minus stated the Melbourne Police Community Relations Council was established and approved by the Melbourne City Council over 20 years ago, to bridge the communication gaps between the Melbourne Police Department and the community; and the meetings are held at 7:00 p.m.  on  the  second  Thursday  of  each  months,  alternating  between  the  Grant  Street Community Center and Carver Park; but the Council is open to all residents of Melbourne to attend and voice their concerns.  She stated often, the City Council and the City Manager attend the meetings, along with many police officers who are there to listen to the concerns of the community; once the concerns are heard, officials and officers can attend the next meeting to give an update on the concerns; and the Melbourne Police Department acts swiftly to ensure the appropriate resolution is done.  Ms. Minus stated the Council helps parents to reach out and gain control of their own children; and to help parents reach their children at an early age, such as elementary school, when their minds are still being molded.  She stated if a parent would take the time to study the behavior of their youth at an early age, then those children can be reached; a lot of times, parents do not want assistance; but the Council still tries to reach those children at the community centers.  She stated the youth need to understand that when they are approached by police, they are not to reach back, as that is considered resisting without violence; and they need to be educated on that.  She stated the Council is improving on police involvement and interaction in the community; citizens should be familiar with, and know, the police officers, and not fear them; and the police officers should know the community as well.  She stated members of the community should be able to approach police officers without being profiled, abused, or arrested, provided they have not done anything wrong.  She advised, the Police Community Council is conducting a workshop on October 31, 2009 at Stone Middle School from 8:00 a.m. to 3:00 p.m.; the Commissioners are invited to attend; and she looks forward to having District 3 Commissioner, Trudie Infantini work with the Police Community Relations Council. 

 

Carl Finnerson stated the question was asked earlier about what can be done about individuals prior to them getting involved in illegal activities.  He advised there was a program in the community two years ago called Amer-I-Can, which was a very successful program with a 98 percent success rate; it was sponsored by the State, and implemented in four schools; the program dealt with a facilitator at the school to deal with at-risk kids and turn them into productive citizens; but that program was cut by the State.  He stated he wanted to implement the program again this year; he wanted to put the program in Titusville, Cocoa, Palm Bay, and Melbourne at a sum of $265,000; but he could not get the money; and if the community is going to be serious about resolving issues, then it has to put its money where its mouth is.  He stated as well as needing a program for individuals coming out of jail, there needs to be a program to prevent those individuals from going to jail in the first place.  He requested that the Board please get involved and take some crucial actions to resolve the crime in Brevard County, and prevent further crime. 

 

Commissioner Fisher inquired who funded the Amer-I-Can Program in the past; with Mr. Finnerson responding the State funded the Program.

 

 

            REALITY CHECK PROGRAM

 

Larry Lawton stated he believes Sheriff Parker’s initiative of the Probation Check was right on target; it was a great initiative; and that strategy is to combat crime.  He advised he deals with at-risk kids; but to him, all kids are at-risk kids, as well as young adults; and the minute a person is put into a category because of where he or she lives, the point is being missed.  He stated he deals with kids who come from very wealthy families, middle class, and poor, along with kids that  are  black,  white, and  hispanic;  a family  came to  him  advising him  their son had a drug problem; and what he found out was that the son was given an allowance of $300 per week and drives a Mercedes Benz; and the problem is not just in the poor communities, it is happening everywhere.  He stated he has a radio show; this month one of his shows was called, “New York Flavor Month”; he had district attorneys and high public officials from New York to come onto his show to find out what they are doing; Brooklyn has a 50 percent less rate with their re-entry than Brevard County has; and they are doing something right.  He read a letter from a prison inmate as follows:  “Today is Wednesday, the 10^th of October.  Just came off lockdown a while ago; we had been down for over two weeks; 18 days to be exact; there was this big brawl in the kitchen between the blacks; they say there were 40 dudes going at it; the cops did not know what to do; there was not enough of them to handle the situation; they had bean bag guns, paintball guns, and pepper spray bullets; the shit was off the chain.”  He stated kids need to know that; stated he applauds Sheriff Parker and Commander Jeter because they run a tight house at the Jail, which is the way it has to be, because incidents like that can happen; and the kids in the community need to know that.  He stated he would like to read aloud a letter from a youth in his program that happens to be a success story: “Thank you for helping me turn my life around, and realizing everything in the world can be different, you just have to change it yourself.  Well, my JPO is currently terminating my probation a year early because I did everything I was supposed to do and never got in trouble.”  He stated another letter reads, “I was in your program today, July 11^th; dude, your shit was straight up and really made me open my eyes and realize I can’t “f” up.  And I’m down with that radio thing; give me a place, date, and time.  I want to tell kids how much good your program can do for them.  I want to thank you for what you have done; I have put your name and website all over my website.”  He stated the youth need to be reached by people who can help them, before they get in trouble with police; the kids need to know that the police are not the enemies; and something the Board can do is fund programs like his and Amer-I-Can.

 

 

            Domestic Violence Shelters

 

Cindy Mitchell, Salvation Army Domestic Violence, stated the Salvation Army provides confidential shelter and outreach services to domestic violence and sexual assault victims in Brevard County.  She stated batterers are in control of every aspect of the abuse of their partner; it is not out of control behavior; it is planned behavior; the batterer chooses how bad the violence is going to be, who is going to witness it, and if there will be bruises; and it is all chosen behavior.  She stated treatment for battering involves changing that belief system that gives that person permission to abuse their partner; domestic violence is not caused by substance use or abuse; and anger management, couples, or family counseling are not effective or appropriate primary solutions for domestic violence, and it can be quite dangerous for victims to participate.  She noted one in four women in the U.S. will be raped and/or physically assaulted by their intimate partner at some point in their life; globally, the number is one in three women; and it is not just a problem in the United States.  She stated nationally, 85 percent of victims of domestic violence are women; women ages 16 to 24 experience the highest per capita domestic violence rates; and each year, three million to 10 million children witness domestic violence.  She stated domestic violence accounts for one-quarter of all violent crime; and domestic violence homicides account for one-third of all homicides.  She advised, nationally, one in three teenagers report knowing a friend or peer who has been hit, punched, kicked, slapped, strangled, or physically hurt by their partner; one in five adolescent girls will be physically and/or sexually  assaulted  in a  dating  relationship;  and  that  statistic  is  frightening.  She stated 50 percent to 75 percent of the 1,500 annual murder/suicide deaths occur in intimate relationships; 90 percent to 95 percent are committed by men; 75 percent occur in the home; and they are most commonly preceded by the victim’s attempt to leave or end the relationship, with firearms being the weapon of choice.  She stated costs due to domestic violence are due to exceed an estimated $1 billion every year; costs include $5.8 million for medical and mental health care; and $2.5 million in lost productivity.   She stated the good news is that Florida is the first State in the union to make domestic violence prevention a priority, and funds it; the certified centers in Brevard County are all doing domestic violence prevention work.  She stated the Salvation Army is working with the School Board and other partners in creating a seven-week curriculum to work with third graders; and that has been very helpful.  She stated it would be helpful to domestic violence prevention if men were more involved; and one goal is to separate violence as part of being a man. 

 

Melody Keeth, Serene Harbor, stated a lot of problems that were spoke of today can be fixed with money; but there is no money available; and it seems to her, it will have to be fixed in the short-term without money.  She stated since funding gets taken away from her organization first, they are always starting programs, because some initiative has been funded; but when the funding goes away, they find a way to keep the program going; and that is what has to be done right now.  She stated a previous speaker mentioned a domestic violence court; she spoke to colleagues in Orlando, which does have a good, consistent domestic violence; Orlando has a domestic violence misdemeanor court, and a civil court; obviously, that take money along with a commitment from the County to do it; and in addition to that, Orlando has a Court Watch Program, which is a volunteer effort that could begin in Brevard County.  She advised the Court Watch Program is made up of impartial people who go into the court system and just watch what goes on and reports back to the organizations.  She stated if perpetrators expect to be held accountable, in the long run, then they are going to think twice before they perpetrate a violent crime; and the prevention efforts need to be continued, regardless of whether there is funding to do them. 

 

Sue Kiley, LMHC, The Women’s Center, Clinical Director and Director of Victim Services, stated she is part of the Community Action Team and the Fatality Review Board, along with several other processes dealing with domestic violence.  She stated The Women’s Center is a non-profit organization located in Melbourne that has been providing services to Brevard County for over 34 years; the Center has a counseling program and a victim services program; there is a domestic violence support group; there is free, individual counseling for any victims of crime; and there is a program for children who are witnesses to violence.  She noted the No. 1 prevention for children in early education and breaking the cycle; the Cool Kids Program hopes to change statistics, which is that 60 percent of boys who grow up in families where domestic violence occurs will become perpetrators themselves; and a large percentage of girls will become victims.  She stated she agrees with Chief Berger that the assessments before an injunction for protection hearings need to be improved; it is vital that there be a review of criminal history of the perpetrator before an injunction is ruled on; and certainly before a release.

 

 

 

            Congressman Bill Posey

 

Patrick Gavin, Congressional Coordinator/Liaison for Congressman Bill Posey, stated there are two issues that have been brought up today, in which some way has to be found to take both avenues at the same time; the first one deals with the current crime problem; and the other issue deals with prevention.  He stated there are several different opportunities and options available; but they have not been utilized to their best benefit.  He stated his office deals with grants and giving money to the State and local agencies to deal with the crime issues; there are two major grants that are available and come up each year; they are the Community Oriented Policing Services grant, which is the COPS Program; and also the Edward Byrne Justice grant assistance program.  He stated there are agencies that are not taking advantage of trying to grab onto money, and others that are; he has been notified by one person who has spoken today, to help them and assist them in finding monies to fund their program; it goes a long way to call a Congressman and ask for help in finding funds; monies are out there, and they need to be used.  He stated he hopes today’s lesson is that each and every Commissioner will take the time to listen more, and to take the time to visit some of the programs that are working in the community; and realize their needs are something that should be taken care of.  He stated he would like to invited everyone in attendance to visit him in Congressman Posey’s Office; and he wants to help them find money for their programs.

 

Commissioner Bolin inquired if a match is required for some of the grants. Mr. Gavin replied some grants do require a match; but the majority do not; a match for grants can be manpower; it does not have to be money; and there are many different opportunities for matches.

 

 

 

Cezar Gonzalez, Vice President, Central Florida YMCA, stated he believes the YMCA is part of the solution to the issues that have been discussed today; the YMCA has been a big part of the community; and it will continue to do so.  He stated the YMCA is based on Christian principles and programs that build a healthy spirit, mind, and body for all; the YMCA provides positive values; the YMCA is a leader in the values of respect, honesty, caring, responsibility, and faith; and the YMCA’s philosophy is to strive not to deny anyone the ability, or inability, to participate in YMCA programs, which is done through scholarships.  He noted the YMCA was founded in 1844 for the purpose of keeping youth off the streets; it was done through bible study; and 165 years later, the YMCA is doing the same thing.  He stated some of the programs that the YMCA began with are still being used today to keep kids off the street; the programs are geared toward youth, families, adults and seniors; and the YMCA has over 400 volunteers in the County that help in the programs throughout the year. 

 

Neal Johnson, President, Board of Trustees, AMIKids Space Coast, stated AMIKids was formerly known as the Space Coast Marine Institute.  He advised, AMIKids serves 36 kids all of the time on site; when kids graduate, there is a waiting list for kids needing to come in from the judicial system; and the kids are sent to AMIKids by the Juvenile Justice System.  He noted AMIKids mostly serves Central Florida; over 50 percent of the kids currently at AMIKids are local kids from Brevard County; and he is glad to be serving the home County.  He stated the organization began 20 years ago; the initial facility was at the Expo Center in Cocoa; due to the generosity of a previous County Commission,  the organization was given some land; and  three buildings were built across from the South Brevard Animal Services Facility.  Mr. Johnson stated he has seen kids come to the school with bad attitudes; but when the kids successfully complete the program and go home, they are different young men.  He stated for fiscal year 2008, the success ratio for AMIKids was 81 percent; AMIKids is doing good things and is part of the solution; one of his roles as President is to educate policy makers and communities on what it is that AMIKids does; and that is his role here today.  He stated he would like help from the Board in getting out the word that AMIKids is making a difference in young men’s lives, and they are not entering back into the system after they leave AMIKids.  He noted Sheriff Parker, Kendall Moore, and Wayne Ivey, along with representatives from the State Attorney’s Office, the Juvenile Justice Judges Office, and the Clerks Office, serve on the Board of Trustees at AMIKids. 

 

Commissioner Fisher noted Sheriff Parker serves on the Boys and Girls Club; and inquired if the Club is also part of the solution.  Sheriff Parker stated yes, he believes the Boys and Girls Club are part of the solution; the Club allows children who do not have a lot of parental support, the ability to bicycle to the Club after school, and be mentored by other children; and he would love to seen 10 Boys and Girls Clubs in the County. 

 

Sheriff Parker stated on the subject of domestic violence, often times, women are afraid to leave an abusive relationship because they are afraid the spouse will kill or harm their pets; the Board should be proud of the fact that Brevard County is one of the only counties that allow women in terrible situations to be able to take their pets with them; and Animal Services will take custody of that animal and protect it while the victim goes to a safe place. 

 

Donna Davis displayed a picture of her daughter to the Board, and stated that is what she looked like on January 22, 2006; and she displayed a picture of her daughter on January 23, 2006.  She stated her daughter was beaten and strangled; after she was murdered, the family was victimized; when she reported that her daughter’s things were stolen, a State Attorney’s Office representative told her not to be worried about her daughters cell phone because she could not use it anyway; and she was left to clean up her daughters crime scene.  She stated when she was given her daughter’s property after court, no one bothered to tell her that in that bag was her daughter’s bloody blanket; and inquired why a criminal has more rights than a victims family.  She stated she was notified there would be no charges for her grandson; stated her daughter was two days away from being five months pregnant; her baby fought for 10 minutes after her heart quit beating, to live; and stated she is fighting to change Florida law.  She stated House Bill 141 has been filed by Representative Ralph Poppel; the Bill made it to the Senate; and it is Senate Bill 290.  She stated she is asking for help that it be considered double murder when a pregnant woman is killed.  She stated she speaks out frequently about domestic violence; stated she is raising her five-year old grandson who cries for his mother; and there is not a day when she does not have nightmares about the crime scene.  She stated things need to change; and she is asking for help. 

 

Kathy Moore stated she is the President of Riding Against Violence, which is a division of the Cocoa Motorcycle Riders Club; they have been riding their bikes since 2005; in 2004 her son was murdered in Cocoa; and she has thrown her whole body and soul in trying to make a difference.  She stated violence is a problem all over the world; but as a group of people in the community, all of the organizations are joining together; and they are all rallying against crime.

 

Ms. Moore stated she is always telling people in the community to stand behind their police department; if someone knows someone who has committed a crime, they need to call 9-1-1; and just like CRIMELINE, it is anonymous.  She advised that is what she did when her son was murdered; she plastered pictures of her son all over Cocoa; and his murderer was arrested 30 days later.

 

Naomi Priest stated domestic violence victims have to go to court to get an injunction; to get an injunction, they have to come up with two incidents within six months; and they have to prove that the person has done something to them within six months, twice.  She stated when law enforcement is called, they have to be able to see the perpetrator there before they can be arrested; if the perpetrator is not there, law enforcement cannot come back later or go to the perpetrators home and pick him up; and the victim has that against her.  She stated the victim gets beaten by a perpetrator and is always told they are wrong; when they go to court, the perpetrator makes the victim look like the one doing wrong; the victim needs help; and they cannot always leave the home because they have children or pets.  She noted victims cannot go to their families half of the time because they are ashamed because they were told not to marry the man and that he was no good; the victims cannot tell their mothers that she and the kids are being beaten; and the victims have to keep it to themselves.  She stated people often wonder why women do not leave abusive situations; victims often do not have money, or a job; and stated someone has to start talking for the victims.

 

Elizabeth King stated she represents the Committee on Community Response to Domestic Violence; and she believes the community has what it takes to make a difference and help break the cycle of violence.  She advised the Committee’s mission is to advocate for victims by raising community awareness to promote the development of a faith-based coalition to support an integrated community response to domestic violence, and by supporting existing services working together to promote a coordinated, appropriate, consistent, response to domestic violence in the community.  She stated the Committee began by asking the Mayor and the City Council of Titusville to declare October as Domestic Violence Awareness Month in the City of Titusville; and the Committee also asked the City if it would please give the Committee the statistics for Titusville, and for access to the Titusville Police Department’s policies and procedures pertaining to domestic violence.  She stated at tonight’s Titusville City Council meeting, the Committee is going to give a presentation regarding domestic violence awareness, and the current proactive initiatives to reduce and eliminate domestic violence, as well as the current statistic trends and training requirements at the meeting; and the Committee is pleased with the City Council’s efforts.  She noted the State of Florida has spent a lot of money to develop the best practice standards through the prevention of domestic violence section of the Florida Department of Community Affairs and the Florida Law Enforcement Research Coalition; and the Committee would like the Board to know that model policies and procedures exist for police departments to protect them and to provide the best standards of care for the victim and the perpetrator in these situations.  She advised there is a free, online course that was developed by the Law Enforcement Families Partnership at the Institute for Family Violence Studys within Florida State University’s College of Social Work, and it is for officer-involved domestic violence.  She stated the Committee would like to see domestic violence posters with 1-800 tear-off numbers in public restrooms, public buildings, and malls throughout the County; the Committee urges the Board to read the book, Coordinating Community Responses to Domestic Violence, Lesson from Duluth and Beyond, about a successful model for a coordinated  consistent  response  that  involves all of the agencies represented today; and  she can tell by today’s presentations that the County has the people and the will to end domestic violence and make Brevard County a better place.

 

April Lininger, Coordinator, Brevard Youth and Substance Abuse Prevention Coalition, stated prevention is an integral part of building a strong and healthy community; and whether preventing substance abuse or other crimes such as domestic violence, it is the role of the entire community to make a true impact.  She stated there are many connections between issues of substance abuse and crime; individuals who use illicit drugs are more likely to commit crimes; and it is common for many offenses, including violent crimes, to be committed by individuals who had used drugs or alcohol prior to committing the offense, or who were using at the time of the offense. She noted the Coalition uses environmental strategies that focus on changing conditions in the physical, social, and cultural environment to create a setting that discourages substance abuse; substantial evidence from numerous research studies suggests that changes in local polices, ordinances, and enforcement patterns can reduce illicit drug use, drug related crimes, and violence; and prevention targeting the environment also offers the opportunity to produce larger reductions in risk by creating conditions that support the non-use of illicit drugs and the responsible use of legal ones.  She concluded, effective prevention can only be obtained through the collaboration of government, law enforcement, and the community.

 

Commissioner Nelson stated last year during the budget process, the Board got focused on dollars and stopped focusing on services and the impact of those services; public safety does not stop at the Sheriff, it includes the State Attorney, the public defender, and the court system, but it also includes community centers, which are safe-zones; and community centers are sometimes used to reach out to the community to try to intercept those kids who are heading toward trouble.  He stated over the course of three years, the Board has started reducing hours at the community centers, so the Board is beginning to contribute to the problem; stated there are a lot of good programs available that the Board can cooperate and communicate with, but it has to be a comprehensive effort; and he hopes in next year’s budget process, that the decisions the Board is going to be making related to the budget is about the impact of those reductions and what those will do in the communities. 

 

Commissioner Anderson stated he is a huge advocate for the Boys and Girls Clubs and the Scouting Programs; he will continue to harp to allow the Scouting Organizations into the schools to recruit young men and women to get involved in those programs, as they are good programs; and suggested the Board prepare a resolution asking the School Board to move forward quickly on that to ensure that is taking place.  He stated there are so many youth organizations that it almost seems like there needs to be some kind of clearing house, or some way to put them all in one list to help in pointing people in the right direction when they call his office; and he will volunteer his office to start a list of youth organizations.

 

Commissioner Bolin stated she is looking at a three avenues for attack; one is that the Board needs to put pressure on the State level or Federal level to get money; secondly is the category of prevention; and third is to look at what is being done in the courts and the jail. 

 

County Manager Howard Tipton, stated he spent 20 years working closely in the Criminal Justice System; he had the Orange County Jail under his responsibility for three years; and everything  that  has been  shared today is not unique to  Brevard County.  He  stated what is so impressive is that Brevard County wants to come forward and do something about it, which is great news.  Mr. Tipton stated the violent offenders have to be dealt with and taken off the streets; the schools need to be partners, along with the mental health community and police agencies; but the violent offenders need to be taken off the streets first; and he would encourage the Board to help give direction as to how the County can develop a program that targets the top 10 violent offenders off the street, how it can support the State Attorney, and how it can support the court system to ensure that happens.

 

Commissioner Infantini stated regarding the top 10 violent offenders, it is her understanding that the detention center currently has space for all of the municipalities’ and the Sheriff’s top 10; she would like to encourage more rigorous prosecution of some of the cases rather than seeing the statistics that she was shown today; and she would like to see a higher conviction rate on the felonies.  She stated education is a fantastic idea; kids might be able to convince their parents there is a way out of a violent situation; kids today have a lot of influence on their parents; and they will help their parents get help if they know help is available.

 

Commissioner Nelson stated unfortunately, the County had a Youth Coordinator position that was unfortunately a victim of tax reform three years ago; as the County has had to reduce, some of the first things to go are some of those programs; and he agrees with Commissioner Anderson that there needs to be better coordination. 

 

Commissioner Fisher stated a lot of goods ideas came out of today’s meeting; and hopefully the Board can help fund or implement even two or three of the suggestions that were heard today in order to call it a successful Crime Prevention Workshop.

 

 

Upon motion and vote, the meeting adjourned at 1:37 p.m.

 

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    CHUCK NELSON, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)