Brutality Complaints Probed

The following article is reprinted in its entirety. It was published as the headline story on February 1, 2002 by the Florida Keys only daily newspaper, "The Key West Citizen" and was written by Tom Walker:

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State tries to determine if some Key West police officers used excessive force.

The Monroe County State Attorney's Office is investigation accusations of brutality against some Key West police officers, City Manager Julio Avael has confirmed.

"Yes, the city has referred cases to the state attorney's office and we are waiting on a report hopefully within the next two weeks," he said.

Although he could not be specific as to the scope of the investigation, Avael said some of the complaints involved allegations officers may have acted improperly during some arrests.

"There are some allegations of excessive force, but, I can't say what [the complaints] all are," he said.

On Wednesday, Mayor Jimmy Weekley told Solaris Hill he was also aware of the investigation being conducted by the state. "I understand that this has been going on and that the chief requested it," he said.

Due to the nature of the ongoing investigation, officials aren't releasing any names, but sources claim the past actions of at least one police supervisor and two patrol officers are being questioned.

The state attorney's office did not return calls Thursday seeking comment.

Two local attorneys, requesting their names be withheld, said they have been monitoring the outcome of the investigation, and intend to sue the city for allowing the abuses to occur. "So far I've got 10 cases," said one of the attorneys.

City Attorney Bob Tischenkel, citing a decline in the economy since the events of Sept. 11, told police Chief Buz Dillon in November there was "a large increase" in the number of people notifying the city by letter of their intent to pursue civil litigation as well.

"Almost all of them concern the police department," Tischenkel said. "This doesn't mean that the lawsuits have merit. But to the extent possible, may I ask that the police department take particular care."

Two requests made to the Professional Standards Division for the number of excessive force complaints received by the department during 2001 were not fulfilled.

According to a department policy enacted in 1995 when Ray Peterson was chief, force used by a police officer is considered excessive "when its application is considered inappropriate to the circumstances, resulting in injury, serious injury or death to a suspect." However, the policy goes on to say there is no actual definition of excessive force.

"Each situation must be evaluated according to particular circumstance," it says.

In June, Dillon reinforced that policy requiring officers who utilize force during an arrest to fill out a lengthy form documenting their actions. "Excessive or inappropriate use of force will result in disciplinary action, up to and including possible termination, as well as possible criminal prosecution," he said.

Avael said there was nothing unusual asking the state to intervene by looking into the excessive force complaints.

"Anytime there's a question raised with regards to an impropriety it is referred to the state attorney," he said. "I've offered up my full cooperation and the police chief has as well."

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To contact the author of this article send e-mail to:
twalker [at] keysnews.com

To contact the Key West Citizen for confirmation:
Editor Tom Tuell
3420 Northside Drive
Key West, Florida, 33040
(305) 292-7777
e-mail: info [at] keysnews.com

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To contact Attorneys for Steven Lecklitner for more information and confirmation into events leading to the Florida State Attorney investigation into Key West Police Department excessive use of force and abuse of powers complaint:

Law Offices of Cornelius Shiver
3337 Thomas Ave.,
Miami, Florida, 33133
(305) 441-8202