Rachel Hoffman | Internal Affairs Investigation For Drug Informant Death With Botched Sting By TPD

September 24,2008

RE: Public Records Request, TPD Special Investigation 08-011Internal Investigation 08-21

Dear SirMadam:

Please find enclosed the records as you requested from the Tallahassee Police Department. As required
:I
by Florida or Federal law, certain portions are exempt from public record and must be redacted. Should
you have any questions or feel that this has not answered your request in any way, feel free to contact this
office at (850) 89 1-4234.

Florida Statute Exemption
o 119.071(2)(d) Surveillance Equipment, Procedures, or Personnel
o 119.071(2)(f') Confidential Informants or Sources
o Pursuant to Court's Order dated September 24,2008 in State of Florida
v. Andrea Green and Deneillo Bradshaw. Leon County Circuit Court
Case No.: 2008CF1681 and 2008CF1682.

Assistant City Attorney
Police Legal Advisor

September 25,2008

RE: Public Records Request, TPD Special Investigation 08-011Internal Investigation 08-21

Dear SirMadam:

Please find enclosed the records as you requested from the Tallahassee Police Department. As required
by Florida or Federal law, certain portions are exempt from public record and must be redacted. Should
you have any questions or feel that this has not answered your request in any way, feel free to contact this
office at (850) 891-4234.

Florida Statute Exemption
a 119.071(2)(d) Surveillance Equipment, Procedures, or Personnel
119.071(2)(f) Confidential Informants or Sources
o Pursuant to Court's Order dated September 23,2008 in State of Florida
v. Andrea Green and Deneillo Bradshaw. Leon County Circuit Court
Case No.: 2008CF1681 and 2008CF1682.

Assistant City Attorney
Police Legal Advisor

TALLAHASSEE POLICE
DEPARTMENT
Internal Affairs

Internal Investigation
08-21

TALLAHASSEE POLICE DEPARTMENT
INTERNAL AFFAIRS UNll

Contents
Allegation Overview:.......,..................... .................................... .....4
Witness Officer Interviews: ................... .............,.....,..............., .....7
Investigator Gary Watson: ................ .......-............................ .....7
Investigator Kevin Miller: ................... .. ..........., ,.. I 0
Investigator Chris Corbitt: ................. .. ............ 12
..
5..

Officer Greg Tucker: ............................................................. .................
i'

16
Investigator Vincent Boccio: ............. ............ ,..20
Investigator David Donato: ............... ............ .. 23
Investigator Shane Porter: .............................................................................. 25
Investigator Gavin Larrernore: .......... ............ .
. 27
Investigator Corey Hale: ................... ............ .
. 28
.
Investigator Rey Finales: .................................... ..............................33
Officer William (Bill) Hurlbut: ............. ............ .. 36
Investigator Jason Laursen:.............. ............ .. 41
Investigator Michael Suleski: .......................... .................................. 45
Deputy Chief John Proctor: .......................... ............................... ..
48
Drug Enforcement Administration (DEA) Special Agent Interviews: ..... .. 57
Special Agent Lou Andris: ............................................................................. 57
Special Agent David Wilson:., ............ .. 61
Special Agent Jim Harley:....., ............ .. 62
Special Agent Robert L. R ~ b t , ....................................................................
,,~ 63
Civilian Witness Interviews: ....... , ...,.. ....,
. ............ .. 65
Elizabeth Rose Patty: ............ , ..........., ............ .. 65

Taylor Sexton: ...................................
Subject Officer Interviews:.........
Officer Chris Pate: .................
lnvestigator Ryan Pender: .....
Sergeant Roderick Looney: ...............
Sergeant David Odom .......................
Lieutenant Taltha White: ....................
Captain Chris Connell: ...........
Administrative Observations: .....
Findings:....................................
Vice SOP 2 Section: Ill, B, 10 ............
Sergeant David Odom: ...................
Vice SOP 2 Section: Ill, C, 6 ..............
lnvestigator Ryan Pender:..............
Vice SOP 6 Section: Ill, D..................
lnvestigator Ryan Pender:..............
Sergeant David Odorn: ....................
Vice SOP 7 Section: I, C ....................,

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AHASSEE POLICE DEPARTME
INTERNAL AFFAIRS UNI

Officer Chris Pate: ................................................................................. 178
Investigator Ryan Pender: ............ .....................................178
Vice SOP 10 Section: I .................... .....................................178
Investigator Ryan Pender:......................................................................... 179
Sergeant Rod Looney: ................. .........................179
Lieutenant Taltha White: .............. .........................179
Captain Chris Connell: .............................................................................. 179
Vice SOP 10 Section: II, B, 6 ........... ..................................... 179
l nvestigator Ryan Pender: ............ .....................................179
Vice SOP 10 Section: III, A ......................................................................... 180
Investigator Ryan Pender:............ .................................. 180
.
Sergeant Rod Looney: ................. ................................... 181
.
.
Lieutenant Taltha White: .............................. ........................................181
Captain Chris Connell: ........................................................................... 181
Vice SOP 10 Section: Ill, C, 1....................................................................... 182
Investigator Ryan Pender: ............. .....................................182
Sergeant Rod Looney: .................. .................................. 182
Captain Chris Connell: .................. ................................... 182
Vice SOP 16 Section: II, B, c ............ .....................................183
Vice SOP 16 Section: II. E................ .....................................183
Vice SOP 16 Section: II, F, I ............. ..................................... 183
Investigator Ryan Pender:............. .....................................183
Sergeant Rod Looney: .................. ................................... 184
Lieutenant Taltha White: ............... ....................................185
Captain Chris Connell: .............................. .................................... 185
Vice SOP 16 Section: 11, GI 6 ....................... .................................... 185
Investigator Ryan Pender: ......................... ....................................185
General Order 62 Section: VI, C ................... ....................................186
General Order 46 Section: II, I, I .................. ....................................186
Investigator Ryan Pender: ......................... . .. .................................... 186
-

Sergeant Rod Looney: .................. .................................... 187
Lieutenant Taltha White: ............... .................................... 188
Captain Chris Connell: ..............................................................................189
General Order 14 Section: Ill, D. 5 ............... ....................................190
Investigator Ryan Pender: ......................... ....................................190
.
.
Conclusion: .............................. ................................................................. 191

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TALLAHASSEE POLICE DEPARTMEB

Complaint Number:

Complaint Against: ,,,,am ~ n r i Corm'ell
s
Lieutenant Taltha White
Sergeant Rod Looney
Sergeant David Odom
lnvestigator Ryan Pender
Officer Chris Pate

Classification: Improper Procedure1Use and Control of
Informants
Improper Conduct1Neglect of Duty

Complainant: Chief Denni: ; M. Jon

Date Initiated: July 10,2008

lnvestigator Assigned: lnvestigator George Creamer, Jr.
lnvestigator Danielle Davis

I Evidence: Recorded sworn Interviews with the following:

1) lnvestigator Gary Watson, dtd; August 8, 2008
2) lnvestigator Kevin Miller, dtd; August 8, 2008
3) lnvestigator Chris Corbitt, dtd; August 8, 2008
4) lnvestigator Michael Suleski, dtd; August 11, 2008
5) lnvestigator Vincent Boccio, dtd; August 11,2008
6) Officer Greg Tucker, dtd; August 11,2008
7) lnvestigator Corey Hale, dtd; August 12, 2008
8) lnvestigator David Donato, dtd; August 12, 2008
9) lnvestigator Shane Porter, dtd; August 12,2008
10) lnvestigator Gavin Larremore, dtd; August 12,2008
11) lnvestigator Jason Laursen, dtd; August 13,2008
12) Officer Bill Hurlbut, dtd; August 13,2008
13) lnvestigator Rey Finales, dtd; August 13, 2008
14) Special Agent Jim Harley, dtd; August 14,2008
15) Special Agent Lou Andris, dtd; August 14,2008
16) Special Agent David Wilson, dtd; August 14,2008
17) Special Agent Robert Robbins, dtd; August 14, 200t
18) Officer Chris Pate, dtd; August 22, 2008
19) lnvestigator Ryan Pender, dtd; August 25,2008
20) Sergeant David Odom, dtd; August 26,2008
21) Sergeant Rod Looney, dtd; August 26,2008
22) Lieutenant Taltha White, dtd; August 28, 2008
23) Captain Chris Connell, dtd; August 29,2008

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TALLAHASSEE POLICE DEPARTME
INTERNAL AFFAIRS UNI-

24) Sergeant David Odom, dtd; September 3,
25) Lieutenant Tatha White, dtd; September 3,2008
26) Sergeant Rod Looney, dtd; September 3,2008
27) lnvestigator Ryan Pender, dtd; September 3, 2001
28) Captain Chris Connell, dtd; September 4,2008

Exhibits:

Please see attached invl ts.

Allegation Overview:

On May 7, 2008, the Vice and Narcotics Unit in conjunction with members of the

-
Career Criminal Unit and the Drug Enforcement Administration (DEA) conducted
a BuyIBust Operation at 4750 North Meridian Road, Forest Meadows Park.
Confidential Informant (CI) Rachel Hoffman was to complete the purchase from
sse( d
upc)tn
a-
' an unknown suspect that went by the name
v.
The original Operational Plan detailed a urchase of narcotics from Mr.
residence at Ms. Hoffman was to enter the
I residence and purchase Methylenedioxymethamphetamine (MDMA) and
cocaine. Once she exited the residence, a prepared anticipatory search warrant
would be served on the residence.

A second scenario was detailed in the Operations Plan. This involved a buylbust
in the parking lot of Walmart, 5500 Thomasville Road. The plan called for the
suspect@) to enter Ms. Hoffman's vehicle with the intent to sell Ms. Hoffman
MDMA. When the suspect(s) entered the vehicle, arrest teams would move in to
detain all occupants.

The operations plan listed two suspects as bein involved in the buylbust,
p- 4
check was done -o
and someone only known as .%.
A complete background
' w a s not identified prior to the operation.

Once units were enroute to their assigned locations, suspect spoke with
Ms. Hoffman and changed the location to Forest Meadows Park, 4750 North
Meridian Road. Officers were notified of the change and moved their location to
the Forest Meadows Park area. Ms. Hoffman left the Tallahassee Police
Department and headed to Forest Meadows in her personal vehicle following
lnvestigator Pender and Officer Pate in another vehicle and Special Agent Louis
Andris, United States Drug Enforcement Administration, in his vehicle.

Ms. Hoffman pulled into the wrong location, the Meridian Park Baseball Fields
1 south of Forest Meadows. Investigator Pender redirected her north on North
Meridian Road to Forest Meadows. Ms. Hoffman pulled back onto North

1.1. # 08-21
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INTERNAL AFFAIRS UNIT

Meridian Road but did not go to Forest Meadows. When lnvestigator Pender
was able to get her back on the phone, Ms. Hoffman told him she was following
on Gardner Road. This was their last contact with Ms. Hoffman.

Investigator's Note: The following is a time table of this operation based on
surveillance wire transmission, radio communications and phone calls
between lnvestigator Ryan Pender, CI Rachel Hoffman, and suspect
0
S Andris reports Ms. Hoffman, Investigator Pender, Officer Pate,
A
and himself are leaving Tallahassee Police Department.
Pender calls Hoffman (2 min. 58 sec. Conversation)
Investigator Pender tells units that - ' phoned Ms. Hoffman to
tell her he was at Forest Meadows. They had just passed Tharpe
Street on North Meridian.
Text messages between Hoffman and Ben Reeves
Hoffman: ' just got wired up wish me luck I'm on my way."
I
Reeves: "Good luck babe! Call me and let me know what's up"
Hoffman: "its about to go down"
Test messages between Hoffman and Liza Patty
Hoffman: "Park off meridian now"
Patty: "And old Bainbridge?"
Hoffman: "Its far ill call u after"
Pender calls Hoffman (1 min. 55 sec. onv versa ti on)

*
Investigator Pender tells SA Andris to "keep your eyes on her (Ms.
Hoffman)" while he moves back to turn the listening device on.
Investigator Pender advised units that they are passing Timberlane
Road on North Meridian Road and Ms. Hoffman is calling '0
6:38PM Hoffm calls-
From
"Yeah, this 1s I e he residential side, yeah it was like on the east
side of the residential neighborhood, but um, right, so the, we're ...
alright... so after I go, sorry, I'm gonna go down this hill after
Maclay and then I turn left on the Ox Bottom?
6:39PM Investigator Pender advises he is overhearing Ms. Hoffman's side of
the conversation and that is attempting to send her to Ox
Bottom Road.
6:40PM Investigator Pender advises they are approaching Maclay School.
According to his report, Investigator Pender pulls into Maclay

Pendw
School to park and monitor Ms. Hoffman's wire.
6:41PM Ils Hoffman 1 min. 37 sec. Conversati '
From
"Hey ... he's telling me to go to his dad's nursery, or some shit, I'm
not even sure, I'm going through Maclay right now if you see me,

1.1. # 08-21
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-

I'm actually going down this... Unhuh... alright, perfect, he told me
to get in his car... yeah Iknow I'm not getting in there... aright so,
I'm gonna go down this, on my left? Right here turn left? Alright I
don't see the other car out there, 1/11pull in here."
6:41PM S Andris advises units that Ms. Hoffman pulled into baseball fields.
A
6:42PM Investigator Pender advises units that is attempting to direct
Ms. Hoffman to the nursery.
6:43PM 0 - &.Co ion)

You there? Alright .... Ball park... alright, I'll call you right back...
person.
Investigator Pender advises units that he is directing Ms. Hoffman
to pull into Forest Meadows Park. She is to tellht' ta
' is where
she is.
Hoffman speaks to , min, 45 sec. Conversation)
' (2
From Kel transcription:
"Hey, alright I'm pulling into the park with the tennis courts right
now, cause I have no idea where Iam... unintell... alright... I'm in
my Volvo" (loses signal)
Pender attempts to call Hoffman (no answer)
Investigator Pender asks units at Forest Meadows Park if they see
her. They do not.
Investigator Pender advises he has lost Ms. Hoffman on the wire
and can not get her on the phone.
S Andris advises the suspect BMW is parked at the nursery
A
occupied by two black males, parked with nose out by the road.
Investigator Pender advises units that he cannot get Ms. Hoffman
by phone or wire and that they need to keep eyes on the suspect
vehicle a t the nursery.

-
S Andris advises he is turning around to get back to the nursery.
A
6:47PM Sgt. Looney advises to get back with the suspect
vehicle to ensure Ms. Hoffman does not pull in and make the deal
outside their presence.
Pender speaks to Hoffman on her phone (42 sec. Conversation)
Investigator Pender advises units that Ms. Hoffman in on Gardner
Road following He advises units to go to Gardner Road and
move in immediately.
Investigator Finales and Investigator Porter advise the arrest teams
are on Gardner Road.,
)
Investigative Note:

1.1. # 08-21
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TALLAHASSEE POLICE DEPARTME,. I

INTERNAL AFFAIRS U N T

This report Is a summary of the statements given by those individuals
Interviewed. For the sake of brevity, only a synopsis o f the relevant
information, and not a word-for-word recital, i s contained herein. Unless
otherwise indicated, all interviews with witnesses and subject officers were
recorded .and transcribed in real time. At the conclusion of the
investigation, said tapes and transcriptions will be available for review by
interested parties.

Witness Officer Interviews:

lnvestigator Gary Watson:
On Wednesday, August 8, 2008, at 10:07 AM, lnvestigator Danielle Davis
conducted a taped interview with lnvestigator Gary Watson in the Legal
Conference Room o f the Tallahassee Police Department. Also present i n
the room was Internal Affairs lnvestigator George Creamer Jr., Police
Benevolent Association (PBA) Representative Sergeant Sam Gereg and
Court Reporter Mrs. Sandra Nargiz. The MemberNVitness Administrative
Rights and OathlPerjury Warning forms were read, affirmed, and signed by
lnvestigator Watson. All parties present witnessed the forms.
I
lnvestigator Watson has been employed by the Tallahassee Police Department
for over thirteen years. He has been assigned to the Vice and Narcotics Unit for
approximately ten months. He has had the opportunity to attend the Basic
Narcotics Investigation School and internal training classes on blocking
maneuvers, high-risk incidents and conducting surveillance. When he joined
the unit he "shadowed" lnvestigator Ryan Pender for on-the-job training.

lnvestigator Watson advised he was present at Ms. Rachel Hoffman's residence,
located at 2626 East Park Avenue, number 16303, on April 17, 2008, during the
issuance of the search warrant. lnvestigator Watson recalled illegal drugs being
present in the apartment and probable cause existing for Ms. Rachel Hoffman's
arrest. According to lnvestigator Watson, Ms. Hoffman was not criminally
charged because she was provided the opportunity to work for the Tallahassee
Police Department as a confidential informant (CI).

On April 18, 2008, Ms Rachel Hoffman came to the Tallahassee Police
Department to complete her confidential informant paperwork (packet). Present
during the interview was lnvestigator Ryan Pender (the case agent) and
lnvestigator Gary Watson. lnvestigator Watson stated that Ms. Hoffman was
read her Miranda Rights and afforded the opportunity to call her attorney.
According to lnvestigator Watson, Ms. Hoffman did not call her attorney because
she did not like him. He stated, "She was afforded that opportunity but her
comment was she did not like her attorney because she thought he was kind of
geekish, kind of weird, she didn't like him." (Page 14:6-9)

1.1. # 08-21
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INTERNAL AFFAIRS UNI-

lnvestigator Watson said he witnessed lnvestigator Pender go through the CI
packet with Ms. Hoffman. The CI packet explains what a Cl's rights and
responsibilities are and the expectations of the investigator (Page 15:ll-13).
lnvestigator Watson advised Ms. Hoffman appeared to understand what her
duties were and he witnessed her sign the documents acknowledging her duties.
He also advised she was warned not to speak with others about the work she
was doing with the Tallahassee Police Department (Page 19:22-25).

When asked what instructions were given to Ms. Hoffman, lnvestigator Watson
answered, 'You are given the standard instructions. Do not make contact with
these people without us being present, being recorded; don't tell people about
what you are doing, secrecy and confidentialitv of what you are doing, things like
that," (Page 25:9-16).

According to lnvestigator Watson, Ms. Hoffrn;ll~ ur~uerstood game of drugs.
the
"...But once she started talking about the deal that she was going to make, it was
clear to me that she understood the game of drugs and as we express it, say the
game. She was very well versed in the language and how to work the deal..."
stated lnvestigator Watson, (Page 17:9-13). "She was very fluid in using street
language in terms of describing the drugs, quantities, dollar amounts, things like
that," recalled lnvestigator Watson (Page 24:19-21). He continued, "The only - I
I
can express it this way. Me being from a very rough neighborhood growing up
and her jargon would have been very consistent with someone from a very rough
neighborhood who knew the drug game," (Page 24:24 - Page25:2).

When asked if Ms. Hoffman volunteered to purchase MDMA, lnvestigator
Watson advised, "She would have had to," (Page 17:25 - Page 18:2). He also
advised she would have been the one to bring up the firearm. "I believe she
brought that up because we had no reason to believe that there was anything
about a firearm anywhere," (Page 18:3-6).

lnvestigator Watson did not recall a discussion about Drug Court during the
meeting. He stated, "I don't remember Drug Court coming up in that because
normally it's a probation and I don't remember anything from Drug Court coming
up," (Page 20:14-18).

lnvestigator Watson said he did not know what transpired in between the time
Ms. Hoffman left the police station on April 18, 2008 and her coming back with
her supplier . . on April 21, 2008. He stated, "I don't know what
happened, wwe-t en
e her leaving and showing up w i t h w i t h
her and the case agent. But I do know that she informed us on that time that her
neighbors who were out there that day saw what was happening and the reason
.d
)di not do the deal was because someone had already t o l d that we
I busted her and that she was working for us. ~ n ~ u ~ ~ o s e d her~
confronted l
with that. And one of the things w a a m e in and said, hey, you know, I will

1.1. # 08-21
Page 8 of 199


help her work off the charges. I will give you information to help work off these
charges for her," (Page 25:24 - Page 26:9).

present at the meeting on April 21, 2008, with Ms.
Hoffman, and Investigator Pender. He stated, "Yeah, I was
about~would work off the charges and they were

and Hoffman, for what she was going to do for &.
trying to work out whatever the situation between the o of them, in terms of the
-
And I was like - we
like, hey, that's not what we here for," (Page 26:16). lnvestigator Watson

a
a reed the conversation was stopped aboutwhat she was going t o do for-

lnvestigator Watson advised lnvestigator Pender spent a lot of time preparing for
the May 7, 2008 operation. He stated, "...Investigator Pender was doing so

-
much on that case, he was creating OP plans (operational plans) and having to
recreate OP plans. I mean he had so much information in the OP plan, I don't
remember what the original date was-"(Page 28:l-4).

lnvestigator Watson advis
He was assigned to the

I
When asked which supervisors attended the operational briefing, he recalled
Sergeant Looney, Lieutenant White and Captain Connell being present. He did
not recall anyone (supervisors or investigators) present objecting to anything
being discussed at the briefing. He also did not recall anything about Forest
Meadows Park being discussed at the briefing or written in the operational plan.

According to lnvestigator Watson, the initial plan was to conduct the operation at
the house. He stated, "That was the residence. As I said earlier, there is always
-
a contingency for things. And this is not - this type work is not something that
always happens where you think it's going to happen," (Page 34:19-23).
lnvestigator Watson advised the case agent decides on where the location is
going to be.

When asked if lnvestigator Pender was allowing the suspects in this investigation
to set the buy location, lnvestigator Watson answered, "Negative. He was not,"
(Page 351-3). He did not know how the operation moved to Forest Meadows
because he .was at the - - conducting surveillance. He learned the
1
operation had m6md to Forest Meadows after speaking with lnvestigator Hale.
He stated, "lnvestigator Hale and I talked on the phone and 1 knew he was going
to Forest Meadows. lnvestigator Pender informed me that I needed to head- -
that it was going to take place at Forest Meadows," (Page 38:22-25).

lnvestigator Watson said he knew one suspect's 'identity. He did not know the
J,.
other suspect.
-

1.1. # 08-21
Page 9 of 199


The interview was concluded at 10:57' AM.

lnvestigator Kevin Miller:
On Friday, August 8, 2008 at 12:57 PM, lnvestigator Danielle Davis
conducted a taped interview wfih lnvestigator Kevin Miller in the Legal
Conference Room of the Tallahassee Police Department. Also present i n
;the room was Internal Affairs lnvestigator George Creamer Jr., PBA
Representative Sergeant Sam Gereg and Court Reporter Mrs. Sandra
Nargiz. The Memberwitness Administrative Rights and OathIPerjury
Warning forms were read, affirmed, and signed by lnvestigator Miller. All
parties present witnessed the forms.

lnvestigator Miller has been employed by the Tallahassee Police Department for
over eight years. He has been assigned to the Vice and Narcotics Unit for
approximately three years. For formalized training lnvestigator Miller has
attended schools on; Basic Narcotics investigations, Advanced Undercover
Narcotics Investigations, Methylenedioxymethamphetamien (Meth) lab training /
certification, and Interviews and Interrogations. For on-the-job training he
shadowed former Vice investigator Sergeant Sam Gereg.

I lnvestigator Miller advised background checks are completed on a confidential
informant before a CI packet is given to a supervisor to sign off on. Additionally,
the packet must be signed prior to the CI being worked. According to
lnvestigator Miller probation and parole status is always asked of the potential CI
and if they are working with any other agencies.

lnvestigator Miller did not participate in the search warrant served at Ms.
Hoffman's residence. He was unaware Ms. Hoffman was participating in the
Drug Court also unaware she came to the police station
with her supplie after completing her CI packet. He answered, "I
- Page 16:4).
lnvestigator Miller advised he got involved in the investigation involving Ms.
Hoffman at the request of lnvestigator Pender. He said he sat in on control
phone calls she was making to suspect "m however, could not recall the
He,
exact date of the phone calls.

lnvestigator Miller said he knew a couple of days prior to May 7, 2008, the
operation was going to occur. He said Ms. Hoffman ma
(on May 5, 2008) to contact W by telephone at the but the
attempts were unsuccessful. He stated, "So, it was

i at that point I believe she met w i t h u - 1 " (Page 17:16-20).

1.1. # 08-21
Page 10 of 199

ENT
TALLAHASSEE POLICE DEPARTMI

lnvestigator Miller later agreed the person Ms. Hoffman spoke with during the
"meet and greet" w's
a'-

He recalled the "meet and greet" lasting for approximately 20 minutes. He could
not remember the exact details of the conversation but advised it was recorded.
From what he did recall, Ms. Hoffman seemed comfortable speaking with
da'
n in control of what she was saying. "From what I remember, he
basically assured that he could get the drugs that she was wanting. I don't
remember the finite details of it, but it sounded good. We left it thinking yes, that
he was going to be able to get us those particular drugs," said lnvestigator Miller
(Page 18-20-24).

According to lnvestigator Miller the suspect "m
was not identified between the
time frame of April 22,2008, and before the May 7, 2008 operation occurred at 6
PM.

In reference to background work, lnvestigator Miller advised he assisted
May 7Ih. He went - d
to and to the
where he took photographs. He did not do any other

I When asked who determines buy-busr ~ocarions,Investigator Miller responded,
"It's a very difficult question to answer. We do our best to make sure that the
location is purely by our choice. We - - ideally, we would like it to be in one
particular location; however, the nature of narcotics and the untrusting nature of
suspects sometimes will make it so that location will have to change. If the
location changes, there is an assessment, generally by our supervisors, to make
sure that the location would be conducive.to the way we would perform our
operation. If it's not conducive we would not do it," (Page 13:15 - Page 14:3).
According to lnvestigator Miller, the supervisor gives the final okay to move the
location of the bu'y-bust.

lnvestigator Miller advised he was a part of the primary arrest team for the May
7Ihoperation. From what he recalled from the operational plan, Forest Meadows
Park was not mentioned. He recalled the Wal-Mart (5500 Thornasville Road)
a n d f b a s the buy locations listed in the plan.

When asked if he was present for the operational briefing on May 7'h,lnvestigator
for part of the briefing because he was taskedwith
He recalled supervisors Sergeant Looney, Lieutenant
present at the briefit-@. He did not recall
anyone at the briefing objecting-to anything discussed.- when agKed what
assignment DEA (Drug Enforcement Administration) Agent Lou Andris was given
he advised, "I don't remember what it said specifically on paper without reviewing
it. I know that he was with lnvestigator Pender and Rachel Hoffman," (Page

1.1. # 08-21
Page 11 of 19'


25:17-22). lnvestigator Miller did not recall Forest Meadows Park being
discussed at the briefing.

According to lnvestigator Miller after the briefing was over, no one knew exactly
where the buy-bust was to occur. He stated, "We - had the general location.
We wanted it on Thomasville, the Wal-Mart. However, I think we were going to
have a better idea once - an actual finalized location once more phone calls
were made, which is actually very common," (Page 26:6-12). After the briefing
he and the rest of Arrest Team # I (Sergeant Looney, lnvestigator Suleski and
lnvestigator Boccio) went to the parking lot, "geared up" and stood by for the final
confirmation on where the deal was to occur (Page 27: 21-24).

When asked if lnvestigator Pender allowed the suspects to pick the buy location,
lnvestigator Miller answered, "I don't know. You have to ask him, lnvestigator
Pender that," (Page 28:lO-13).

When asked what occurred when he reached Forest Meadows Park, lnvestigator
Miller advised his team drove into the park via the main entrance and "pulled just
to the right of the entrance." 'We were informed by units that were already in it
that a possible suspect vehicle matching the description of the suspect vehicle
was already there so we set up in a position to where we could try to see it. We
couldn't see if from where we were at," said lnvestigator Miller (Page 29:3-7).
lnvestigator Miller advised no one ran the license plate of the vehicle to try and
identify whom the car belonged to.

lnvestigator Miller recalled what occurred when Ms. Hoffman reached the park
area from the radio transmissions that were occurring at the time. He stated, "...I
believe Rachel Hoffman pulled into the first entrance off Meridian to the park,
which is south of the main entrance in the parking lot where we wanted her to go.
And somehow in there, I don't know, 1 didn't see any of it, she had pulled back
out and was supposed to come to our location - - or go to our location and return,
which she never did," (Page 29:16-23).

lnvestigator Miller said he never saw Ms. Hoffrnan eriter Forest Meadows Park.

The interview was concluded at I PM.
:30

lnvestigator Chris Corbitt:
On August 8, 2008, lnvestigator George Creamer, Jr. conducted a taped
interview in the Legal Conference Room with Investigator Chris Corbitt
after being advised o f his OathlPerjury Warning and Police Officer
Statement of Rights. Sergeant Sam Gereg was also present as lnvestigator
Corbitt's P.B.A Representative. lnvestigator Danielle Davis and Court
Report Sandi Nargiz were also present.
I

1.1. # 08-21
Page 12 of 199

TALLAHASSEE POLICE DEPARTMEINT

lnvestigator Corbitt has been employed as a police officer with the Tallahassee
Police Department for approximately 12 years and is currently assigned to the
Technical Operations Unit. He has been assigned to t
years. lnvestigator Corbitt has received training in
advanced surveillance techniques, and has twice attended the National
Technical Investigator's Association's (NTIA) training seminar.

According to lnvestigator Corbitt, all Special Investigations Unit (Vice)
investigators receive basic training and are authorized to use the technical
surveillance equipment. He referred to some as "superusers". . Those listed as
"superusers" currently are Investigators Ryan Pender, Kevin Miller, Corey Hale,
Gary Watson, and Scott Heath.

lnvestigator Corbitt was asked what extra training was provided to "superusers".
lnvestigator Corbitt stated, "Just additional hours of product-specific training.
There was some vendor training materials that were provided for them. They are
shown advanced installation techniques or - and have assisted in setting those
operations up when I am not available." (pages 10:22 - 11:)
I

Later in the interview lnvestigator Corbitt was asked to further explain what
training is necessary to be a "superuser" in regards to surveillance equipment.
1 He stated, "There is not a designated standard that someone satisfies to become
a superuser. It is based on a selection by the sergeant for who will participate,
the desire of that person to participate, and then the additional training that is
provided." (page 352-6)

lnvestigator Corbitt was not involved in the planning or execution of the operation
dated May 7, 2008, involving Confidential Informant (CI) Rachel Hoffman.
lnvestigator Corbitt had been requested to assist the Florida Department of Law
Enforcement (FDLE) in Panama City, FL, reference a violent crime where
tracking equipment was required. Hf however, aware of the equipment
used for that operation.

Investigator's Note: lnvestigator Corbitt sent by email the following model
I numbers for the_above listed equipment:

1.1. # 08-21
Page 13 of 199


Prior to our interview, lnvestigator Corbitt and his PBA representative, Sergeant
Sam Gereg, were taken to the area of the May 7, 2008 operation. They were
shown key locations in the operation to include Forest Meadows, the Meridian
Sports Complex, and Maclay School. This was in preparation for asking
lnvestigator Corbitt questions as to how he would have arranged equipment for
the operation.

ccording to lnvestigator Corbitt, it would have been uncommon to use
for an operation such as this one (page 18:19). lnvestigator Corbitt was

"So not knowing the particulars of the operation, then it's impossible for me to
say hypothetically what I would have used. I can tell you half of the equation as
far as the equipment itself, but the needs and demands of the operation, it's hard
1
for me to make recommendations without knowing those particulars." (pages
17:25 - 18:12)
lnvestiaator Corbitt was asked to describe where he would have laced the
Y n this operation. He stated, "Again, the particuiars of the

1.1. # 08-21
Page 14 of 199


lnvestigator Corbitt stated he maintains the repair logs on the equipment used.
According to lnvestigator Corbitt, all the equipment used during the May 7, 2008
operation was in good repair with no noted issues.

lnvestigator Corbitt was asked where he would have setup the monitoring vehicle
to monitor an operation occurring at Forest Meadows. He stated. "Again. it's

Investigator's Note: The parameters lnvestigator Corbitt listed were not
known to officers involved in the operation on May 7,2008.

As ~reviouslv
noted. lnvestiaator Corbitt was ~rovided tour of the area around
a

"So in that situation, I would begin as far away as I felt comfortable for the
operation. And if I was not able to receive, then I may move closer until 1 am
able to receive. And that may be a trial and err01operation." (page 251-15)

Investigator's Note: The baseball fields south of Forest Meadows that
lnvestigator Pender will refer to is the Meridian Sports Complex. For the
purpose of clarity, distances between the Meridian Sports Complex, Maclay
School, and Forest Meadows Park were recorded. Maclay School is
approximately .55 miles south of the Meridian Sports Complex. Maclay
School is approximately .6 miles south of Forest Meadows Park. The
Meridian Sports Complex is approximately .05 miles south of Forest
Meadows Park.
1

1.1. # 08-21
Page 15 of 199


According to lnvestigator Corbitt's interview, Maclay School would have been an
acceptable starting point for gauging the reception for an operation being
conducted at Forest Meadows.

lnvestigator Corbitt was asked to describe the duties of the team in the
monitoring vehicle. He stated, "The duties, as I understand them, for the
monitoring person is to monitor the transaction, monitor the wire, the audio that is
coming, and relay pertinent information to the team.

"Generally, I am listening not at the specifics of the conversation, but 1 am
listening for conversation that is consistent with the drug transaction. I am
listening for any predetermined symbols of verbiage to indicate that the deal has
occurred.

"Depending again on the operation, if there is to be a takedown or whatever is to
occur, then I will relay pertinent milestones during the operation that it has
occurred, suspects have arrived, suspects have departed, whatever those may
be." (pages 28:17 - 295)

lnvestigator Corbitt acknowledged some advantages to having the case agent
and the monitoring person as the same person or in the same vehicle. The case
agent has specific knowledge about the investigation and therefore a benefit
1 when monitoring the transaction. His preference is to have the case agent or
someone as knowledgeable with him while monitoring the audio surveillance.

Officer Greg Tucker:
interview in the Legal Conference Room with Officer Greg Tucker after. ,
being advlsed of his OathlPerjury Warning and Police Officer Statement o f
Rights. Sergeant Sam Gereg was also present as Officer Tucker's P.B.A
Representative. lnvestigator Danielle Davis and Court Report Sarah Gilroy
were also present.

Officer Tucker has been employed with the Tallahassee Police Department as an
officer for approximately 10 years. He is currently assigned to the patrol division.
Prior to this he spent 14 months in the Special Investigations Unit (Vice). As part
of his training in Special Investigations, Officer Tucker attended training in basic
narcotics investigations, undercover work, and a Drug Enforcement
Administration (DEA) diversion course.

lnvestigator Tucker provided a description of the process for documenting a
confidential informant (CI). According to Officer Tucker, it is the investigator's
responsibility to do the background check on potential Cls. This background
check includes a criminal history check. Officer Tucker stated, "Obviously we
I check JIS and FCIC." (page 155) Officer Tucker stated pretrial release and

1.1. # 08-21
Page 16 of 199


diversion programs such as the Drug Court program are not an issue when
enlisting a CI.

The rules of confidential informants (CI) are to follow were discussed with Officer
Tucker. According to Officer Tucker, the list is "pretty comprehensive as far as
telling them what to do, what they're not allowed to do and such." (page I 1:22-
24)
Officer Tucker was asked if was against the rules for a CI to discuss their work
with the Tallahassee Police Department with another suspect, one they're
attempting to "set up". He stated, "Yes." (page 12:4) Later in the interview he
stated this would be cause for him to dismiss the CI. (page 19:3)

Officer Tucker was asked if would be against the rules for a CI to discuss or set
up a deal with a suspect without first discussing it with the case agent. He
stated, "In fact, that's one of the rules we discuss, that you cannot set anything
up. I tell, them, if somebody calls and says, hey, I got to do this, put them off.
What do you got to do? My sister is in the hospital, got to leave town. Put them
off until you can talk to me. Then 1 will give you guidance from there. But you
don't say anything without me knowing about it." (page 12:8-15)

i Officer Tucker was asked what decisions were up to a CI to make. He stated,
"The CI makes no decisions besides whether they want to work or not. That's
always their decision. If they want to walk, I don't care. I can get other CIS. But
we make the decision." (page 26:16-19)

Officer Tucker was asked about a situation where one CI paid another CI to work
for Vice and for that work to count towards the first Cl's substantial assistance.
Officer Tucker was asked if he would have a problem with that. He stated,
- -
"Yeah. Ijust no, I don't again, I'm sort of a stickler as far as, I don't like Cls. I
don't trust Cls. I don't like using Cls. I kept them lower level just for that reason."

Officer Tucker was asked if suspects are allowed to choose the location for an
ooeration. He stated. 'We ultimatelv decide if we're aoina to ao there or not.

-.
-
someplace that meets our parameters." (page 35:l-7)-

According to Officer Tucker, operational plans are approved and physically
signed off on by a supervisor. At times there are corrections made along the way
that may cause the final copy to not bear a signature. The final copy, though, will
not be substantially different from the signed copy.
I Officer Tucker was asked who had the authority to change an operation once it
was in motion. Investigator Creamer specified the change referred to would be

1.1. # 08-21
Page 17 of 199


the location of the operation. Officer Tucker stated, "At the very minimum your
sergeant, at the very minimum. And usually the sergeant - obviously I'm not
there; I don't know. But I'm guessing they usually call the lieutenant. But the
very minimum your sergeant has to know about that." (pages 37:25 - 38:4).

For the operation dated May 7, 2008, Officer Tucker was assigned to arrest team
number two. Officer Tucker was to drive his unmarked vehicle with lnvestiaators
lason Laursen, Gavin Larremore, and Shane Porter. Officer Tucker assisted in
E l Rachel Hoffman was to use in the operation.
:ent of the operational briefing (page 43:7). His
knowledge of the operation, who was in attendance at the briefing, and their
assignments was limited to the operational plan.

Officer Tucker was asked who approved the operational plan. He stated, "At
least up to the deputy chiefs level, because he gave us the money. So I figured
at least up to there it had been approved, since he gave us the money to do the
operation. He gave Pender the money to do the operation." (page 41:19-23)

Officer Tucker was asked who had been assigned to "keep eyes" on CI Rachel
Hoffman. He stated, "Usually that's handed off to people as we go. In this case
we had arrest teams already in the parking lot. My understanding was that
Pender or someone else would follow her up to the entrance to Forest Meadows.
When she pulled in, the teams already in the parking lot would take over
surveillance then." (page 45:14-19)

Officer Tucker learned the location for the operation had been changed to Forest
Meadows once he and his team were in their vehicle. Officer Tucker had been to
the area before. One of the officers on his team told him which entrance to turn
into once they got to Forest Meadows. Officer Tucker was asked to describe ,

Forest Meadows and the surrounding area. He stated, "Basically the three
-
entrances at the time I knew there were two or three entrances. But, now, of
course, I know there is more. The first entrance is softball, baseball field. The
second is the tennis facility. And the third entrance i s the soccer field or
something. I think it's something else. Basically a third entrance of the road, if
I;m not mistaken." (page 50:4-10)

Officer Tucker was asked if he knew what the safeguards were in case of a
robbery or should C Rachel Hoffman chose not to follow directions. He stated, "I
I
wasn't at the briefing for that part. I know what normally would happen. As far
as the particular operation, I dc~n't
know."

Investigator's Note: I A sr10uld be noted the three Investigators in Officer
I[
-L-..

Tucker's vehicle, Larremore, Laursen, and Porter, are members of the
Career Criminal Unit and the Tactical Apprehension and Control (TAC)
team. They were carrying gear to assist the operation should a violent
encounter occur.

1.1. # 08-21
Page 18 of 199

INTERNAL AFFAIRS U N P

Officer Tucker was asked if anyone "scouted" out the area when the location was
switched to Forest Meadows. He stated, "Didn't have time to scout it out ahead
of time because they had just made the change. Our guys got there - I don't
know who got there first, but we had units there well ahead of when Pender left
the station." (page 5 5 12-16)

Officer Tucker was asked if he thought the location of Forest Meadows was a

1
According to supplemental reports and statements, a possible suspect vehicle
was located in the Forest Meadows parking lot by Investigator Corey Hale. He
radioed to other units in the parking lot this information. Officer Tucker was
asked if this caused them concern about possible counter-surveillance by the
suspects. He stated, "We're always looking for anybody else hanging around the
parking lot who looks like they're watching anybody else in the parking lot." (page
57:lO-12)

Officer Tucker was asked if concern of counter-surveillance by the suspects
would warrant calling off the operations. He stated, "Depends if we had seen
that counter-surveillance or not. Again, it's something you're always aware of.
Some of your dopers do it automatically." (page 575-8)

Officer Tucker was asked if he thought someone would be following CI Rachel
Hoffman to the entrance of Forest Meadows where the arrest teams would
up visual surveillance. He stated, "Yes."

Officer Tucker heard lnvestigator Pender on the radio when he advised CI
Rachel Hoffman was heading to the entrance of Forest Meadows from the exit of
the Meridian Sports Complex. He was asked if he thought someone had
continued to follow her to the park entrance. Officer Tucker stated, "It was only a
few seconds there. And when he said he lost her on the wire, at that point we
I knew it was a problem, because we knew they weren't behind her, and they lost
her on the wire. So we knew there was a problem right there." (page 59:21-25)
~-

1.1. # 08-21
Page 19 of 199

TNTERNAL AFFAIRS U N I I

When lnvestigator Pender radioed to units that CI Rachel Hoffman was on
Gardner Road, Officer Tucker and his team left the parking lot and headed north
on North Meridian Road. According to Officer Tucker, no one in his vehicle knew
where Gardner Road was located. At some point, he was given directions over
the radio that Gardner Road was approximately two miles north of Thompson
Circle.

Officer Tucker did not activate his lights and siren when responding to Gardner
Road. Officer Tucker stated, "I was tom between activating lights and sirens. If
this is going bad to a robbery, they hear it coming, and something bad happens,
which we didn't know at the time she was already - so I was torn between getting
there as fast as I could and not alerting the bad guys until we got there. At that
point we didn't care about the takedown as far as the arrest. We didn't care
about the dope. We were going to get our CI back."

Investigator Vincent Boccio:
On August 11, 2008, lnvestigator Gaurytr Creamer, Jr. conducted a taped
interview in the Legal Conference Room with lnvestigator Vincent Boccio
after being advised of his OathIPerjury Warning and Police Ofticer
I
Boccio's P.B.A Representative. lnvestigator Danielle Davis and Court
Reporter Sarah Gilroy were also present.

lnvestigator Boccio has been employed by the Tallahassee Police Department as
an officer for approximately 7.5 years. He has been assigned to the Special
Investigations Unit (Vice) for almost 4 years. As part of his position he has
received training reference indoor marijuana school, basic investigations,
interviews and interrogations, tactical drug law enforcement, high-risk search
warrants, and rave drug identification.

lnvestigator Boccio discussed the procedures per Vice Standard Operating
Procedure (SOP) for documenting confidential informants (CI). He stated, 'We
will run warrants, wants and warrants, NCICIFCIC, our local database." (page
10:5-6) According to lnvestigator Boccio, the Drug Court program is not an
issue.

Once the CI Packet is completed, it is sent to the sergeant for review.
lnvestigator Boccio stated, "And the supervisor, again, their ultimate decision is
to sign off on the packet or not and whether it gives us permission to use the CI."
(page 12:12-14)

lnvestigator Boccio was asked what would cause him to stop using a CI. He
stated, 'Whether the CI has been arrested while in my - under my supervision, I
! guess so to speak, for obviously drug-related crimes; if they're caught lying; if
they're out and about, and they're telling other people that they're working for the

1.1. # 08-21
Page 20 of 199


police department, and deals are starting to fall through because theyre openlng
their mouth, that would be some of the big reasons they will be inactive for us."
(pages 12:24-13:6)

lnvestigator Boccio was asked if it would be cause for dismissal if a CI disclosed
hisker status to a suspect. He stated, "Yes. They wouldn't be used again."
(page 13:15)

lnvestigator Boccio discussed how it is determined what type and the quantity of
product the CI is to purchase. He indicated it depended on what the CI normally
purchased. The amount and price would be consistent with the Cl's history. The
type of drug would also depend on the Cl's habits, lnvestigator Boccio stated, "I
would ask them, would you be able to buy that? They would say, yeah, I've done
that before. I'm not going to send someone in, never bought something before,
and just do it." (page 19:17-21) lnvestigator Boccio was asked if that decision
-
was left to the CI. He stated, "No. That would again, the CI would run it
through me, and then you talk it over with your supervisor." (pages 19:24- 20:l)

lnvestigator Boccio was asked if he would allow one CI to pay another CI to work
for the Vice Unit and for that work to apply to the first Cl's substantial assistance.
He stated, "No. CI number one would ask C1 number two, hey, can you buy
drugs from this person or introduce - you know, can you introduce me to this
person? Sure. But paying for money? No, we don't do that." (pages 21:24-22:3)

lnvestigator Boccio was asked if there are any discussions at an operational
briefing that are not covered in the operational plan. He stated, "The only thing
that's ever discussed that's not in the operational plan is safety concerns. Does
anyone see an easier way to do it? Obviously it's already written on paper."
(page 26:19-22) lnvestigator Boccio was asked who had the authority to change
an operational plan once the operation is in motion. He stated, "Usually on a
buylbust or search warrant you always have a sergeant on scene. If something -
and the case agent and sergeant are constantly talking. They're telling him

-
what's going on, what the CI is talking about, what the bad guy is saying. So if
something was to go wrong, the ultimate decision would be made by your
sergeant." (page 29:7-13)

For the operation dated May 7, 2008, lnvestigator Boccio was assigned to arrest
team one with Sergeant Rod Looney and Investigators Mike Suleski and Kevin
Miller. When asked about supervisors who attended the briefing, he recalled
seeing Captain Chris Connell, Lieutenant Taltha White, and Sergeant Looney.
According to lnvestigator Boccio, the Drug Enforcement Administration (DEA)
Special Agents were assigned surveillance at He did not
recall any of DEA Special Agents bc?ing as:signed surveillance on CI Rachef
Hoffman.

1.1. # 08-21
Page 2 1 of 199

TALLAHASSEE POLICE DEPARTME-- .

lnvestigator Boccio was asked who approved the operational plan. He stated, "I
know the sergeant was on scene. Lieutenant, captain, and had to be approved
by the deputy chief, because he issued the money." (page 33:15-17)

lnvestigator Boccio was asked about the safeguards discussed at the briefing.

asked, "And all that is contingent upon the wire, everything else,listening devices
being operative?" lnvestigator Boccio stated, 'That's correct."

lnvestigator Boccio's team was still in the parking lot of the Tallahassee Police
Department when he got word the location of the deal had been moved to Forest
Meadows. He did not know who changed the location. He was asked if he and
his team went straight to Forest Meadows. He stated, "That's correct, on North
Meridian Road. We actually parked - once we passed Meridian Road, passed
the park, we actually pulled into a church, because lnvestigator Hale - I'm sorry -
yeah, lnvestigator Hale's team was going to drive into the parking lot and see if
they could get eyes on a potential suspect vehicle. Once they did, then our team
I took place inside Forest Meadows park." (page 40:15-23)

lnvestigator Boccio was asked if pre-surveillance was done at Forest Meadows.
He stated, "The only pre-surveillance was because we were heading toward that
direction anyway. lnvestigator Hale's team went inside, did a quick drive-through
to see if we could locate the silver BMW that we go information about." (page
42:5-9)

lnvestiaator Boccio was asked if Forest Meadows. Der Vice SOP. was a aood

for a buylbust." (page 42:15-22)

lnvestigator Boccio was asked if it wa: :ern that the suspects might have

I Investigator Boccio was asked at what point did he believe C1 Rachel Hoffman
was not going to make it to Forest Meadows. He stated, "We were advised on

1.1. # 08-21
Page 22 of 199

TALLAHASSEE POLICE DEPARTMt N I

the radio she pulled into the wrong entrance. lnvestigator Pender then stated
that she should be pulling in now to the other location. We had eyes on the
entrance. We did not see her. About a minute went by. Rod Looney got on the
phone, on the radio and said, we don't see her. lnvestigator Pender said, they're
trying to get in touch with her. And he mentioned something about Gardner
Road. That's when we started heading out." (page 44:24-438)

lnvestigator David Donato:
On Tuesday, August 12, 2008, at 1:00 PM, lnvestigator Danielle Davis
conducted a taped interview with Investigator David Donato in the Legal
Conference Room of the Tallahassee Police Department. Also present in
the room was Internal Affairs lnvestigator George Creamer Jr., PBA
Representative Sergeant Sam Gereg and Court Reporter Mrs. Sandra
Nargiz. The MemberMlitness Administrative Rights and OathlPerjury
Warning forms were read, affirmed, and signed by lnvestigator David
Donato.

lnvestigator Donato has been employea ~y the Tallahassee Police Department
for fourteen years. He has been assigned to the Vice and Narcotics Unit for four
years and assigned to the Drug Enforcement Administration Task Force for
almost two years. He has received the following training related to narcotics: an
I 80 -hour DEA Basic Investigations school for state and local officers and the 40-
hour advanced DEA state and local investigator class; a 24 hour school on
indoor marijuana grows; a 32-hour class on asset forfeitures and seizures; a 40
b u r class on criminal patrol techniques for drug enforcement and Interview and
" Interrogations. He received on-the-job training from former Vice investigator,
Sergeant Sam Gereg.

According to lnvestigator Donato the investigators run JIS (Justice Information
System) checks on potential confidential informants and Teletype runs the
FCICINCIC printouts. (Page 9:23-24)

lnvestigator Donato advised he was not present for the search warrant served on
April 17, 2008. He also did not attend any meetings with Rachel Hoffman
between April 18" and May 7th.

lnvestigator Donato said he became aware the May 7Ih operation was going to
occur on May 7tharound lunchtime. "Pender called me right around lunchtime.
In fact, I think I was at lunch," said lnvestigator Donato (Page 30:18-21).
lnvestigator Donato said he goes to lunch at 11:30 AM.

When asked what preparation he did for the May 7'h operation, lnvestigator
Donato advised he completed a DEA operational plan which referenced back to
the TPD (Tallahassee Police Department) operational plan. He also searched
through DEA records to see if there was intelligence information
h e y didn't have any). Additionally, lnvestigator

1.1. # 08-21
Page 23 of 199


gathered information on the investigators participating in the operation (their
birthdays and social security numbers) for the DEA deputization form.
lnvestigator Donato's attention was directed to an e-mail he sent to himself with
the involved officers' dates of birth, social security numbers, home addresses,
birth city, and date of their last firearms qualification. When asked if that was all
that is required for an officer to be deputized under DEA, lnvestigator Donato
advised there is a standard DEA form with blocks on it. The information gathered
goes onto the form. After the form is completed, the officers have to raise their
right hand and swear.

According to lnvestigator Donato, the DEA supervisor would have been the
person to deputize the officers involved in this investigation. He believed eight or
nine officers were deputized.

lnvestigator Donato recalled DEA agents Jimmy Harley, Lou Andris and the DEA
attending the briefing. Jimm Harle was sent t o r n o
w a f c h u s e and as a spotter* --. He was unsure what
Agent Andris' assignment was.

When asked what supervisors are normally on scene, he advised a sergeant. He
said lieutenants normally attend the briefings and in the case of this operation,
I the captain (Connell) was there.

lnvestigator Donato said he a n d ( ~ ~ eRobert Robbins) left to-g
n t

r efore the controlled telephone contacts were made. When he got t o m
he called lnvestigator Pender and learned the location of Forest
Meadows had been decided on. He did not recall Forest Meadows specifically
being mentioned at the briefing. He stated, "...they did mention that she had had
a conversation with him and they mentioned some kind of park where all the rich
people go off Old Bainbridge," said lnvestigator Donato, (Page36:8-12). He
continued, "...She had had conversation with him at some point and they were
talking about doing it at the park where the rich people go on Old Bainbridge.
And of course nobody knew what that was because it doesn't exist," (Page
36:24-Page 37:3).
lnvestigator Donato was asked what the restrictions are in terms of buylbust
locations. He answered, "I don't know if there is really any spelled out. What you
are going to look at is someplace where you can blend in, you can do it safely for
everybody involved, from the sources, the suspects, to the innocent people, to
the officers that are doing it. Someplace that you can, again, kind of blend in and
monitor and kind of quickly seal off or isolate," (Page 37:13-21). lnvestigator
Donato believed Forest Meadows Park met those guidelines.

----.
-----
1.1. # 08-21
Page 24 of 199

TALLAHASSEE POLICE,DEPARTMENT

at the house,- went to - to see if they could follow the
suspects from the house to the deal and still have a valid search of the house
Pa e 39:6-11). lnvestigator Donato advised he could see the h o u s a
&-

Investigator Donato advised-~hen he heard it relayed that
the gray BMW, which

Investigator Donato advised Anent Harley then advised "thev" were at the dead
end o f ~ a r d n e r
Road. After h d i n g ~ a i d n e r
Road
lnvestigator Donato a d v i s e n
g wasn't going right." (Page 43:15-23)

lnvestigator Shane Porter:
On August 12, 2008, lnvestigator George Creamer, Jr. conductea a taped
interview in the Legal Conference Room with lnvestigator Shane Porter
after being advised o his OathlPerjury Warning and Police Officer
f
Porter's P.B.A. Representative. lnvestigator Danielle Davis and Court
Reporter Sandi Nargiz were also present.

lnvestigator Porter has been employed by the Tallahassee Police Department for
approximately 8 years. He is currently assigned to the Career Criminal Unit
I ( c c ~ ) has been for the past 4.5 years.
and

- -

1.1. # 08-21
Page 25 of 195

,

staffing (page 19:3-4). Had the operation taken place at -
lnvestigator Porter was asked to participate in the May 7, 2008 operation as extra

lnvestigator Porter and the CCU participants were to use their Tactical
Apprehension and Control (TAC) supplies. If a robbery or hostage situation were
to occur, Captain Chris Connell advised that the CCU participants were to take
over. lnvestigator Porter was assigned to arrest team 2.

lnvestigator Porter was asked who was assigned to keep eyes on Cl Rachel
Hoffman. He stated, "I don't recall. I am assuming it would be Pender, but I
don't know, because he was running the wire. So I don't recall who." (page 21:l-
3)
lnvestigator Porter was asked if any safeguaras were discussed at the briefing
such as what was to occur if the CI is lost or does not follow orders. He stated, "I
don't remember if it was discussed at the briefing. We've always been told that if
you have a situation where we completely lose contact with the CI, typically we
call stuff off. We are not going to do deals if we don't know what's happening.
But I don't remember if it was specifically said in that particular briefing or not.
It's just kind of a known." (pages 23:20-24:l)

Prior to leaving the parking lot, lnvestigator Porter and his team were notified the
I location of the operation had been changed to Forest Meadows. According to
lnvestigator Porter, he knew Forest Meadows and the surrounding area.
lnvestigator Porter was asked if the suspects had changed the location to Forest
Meadows. He stated, "If I remember right, I believe the suspect changed the
location, yeah." (page 25:2-3)

lnvestigator Porter recalled lnvestigator Corey Hale had observed a possible
suspect vehicle in the parking lot prior to his team entering the park. lnvestigator
Porter was asked if those on his team had any concerns about the suspects
setting up counter-surveillance. He stated, ' W e were concerned the whole time.
Because I remember when we were pulling in, we were specifically making sure

lnvestigator Porter was asked if his team took any measures to ensure the
sus~ectswere not watching them, that there was not a second vehicle of

lnvestigator Porter was asked if any of the other officers were actively checking
the park for additional suspects or vehicles. He stated, "As far as walking around
1 or driving around, no, because, just like I said, believing that that could be the
suspect, nobody really wanted to move." (page 28:l-3)

1.1. # 08-21
Page 26 of 199


lnvestigator Porter was asked if he thought anyone was watching C1 Rachel
Hoffman until she entered Forest Meadows. He stated, 'Well, we were all
watching Meridian Road, watching the entrance waiting for her to pull in the park,
because when we were told she was leaving the baseball field she pulled in, I
guess she thought she was supposed to be. And what I remember Pender got
ahold of her and said, hey, you need to go one more up, one more parking lot up.
So he got on the radio and said, hey, I told her to move up. And we all started
watching the entrance, watching Meridian Road, and just never saw her pull in."
(page 28:8-I 8)

According to lnvestigator Porter, he believed lnvestigator Pender was watching
CI Hoffman from the time she left the baseball fields to the point she entered
Forest Meadows. He stated, "I honestly thought that Pender saw her or had
eyes on her, yes." (page 28:24-25)

lnvestigator Porter was asked what his reaction was when he realized
lnvestigator Pender had no phone contact or wire contact with CI Hoffman. He
stated, "He - Pender said I am still trying to get her on the wire. At that point we
are still thinking the guy might be in the same lot as us, so nobody really wanted
to move and go look for her. And we already knew that we had a DEA guy on
Meridian Road and Pender on Meridian Road. It wasn't too long after that
Pender got back on the radio and said, I got her on the phone, she is following
him right now, and they are going down whatever road. He said, do the
takedown now, I don't care if the deal goes or not, take it down now." (pages
29:21-2016)

lnvestigator Gavin Larremore:
interview in the Legal Conference Room with lnvestigator Gavin Larremore
after being advised o f his OathlPerjury Warning and Police Officer
Larrernore's P.B.A Representative. lnvestigator Danielle Davis and Court
Reporter Sandi Nargiz were also present.

lnvestigator Larremore has been employed by the Tallahassee Police
Department as an officer for 5.5 years. He is currently assigned to the Career
Criminal Unit (CCU) and has been for approximately 9 months.

. Investigator Larremore was asked to participate in the May 7. 2008 operation
along with several members of CCU. He acknowledged he attended the briefing
for the operation. lnvestigator Larremore recalled Captain Connell, Lieutenant
White, and Sergeant Looney were present at the briefing.

lnvestigator Larrernore described his role in the operation for each of u l a
locations in the operational plan. He stated, "They talked about the Walmart

1.1. # 08-21
Page 27 of 199


being the main place. That was kind of, from my recollection, was a backup
possible location. It could happen one of either on Meridian or possibly at the
Walmart. And I don't remember at what point we found out it was going to be at
the Meridian location, but that's where we headed to when we left here the
station. But we did talk about which vehicles arrest team 2 was going to do this
and be responsible for the suspect's car or this group is going to be responsible
for her car. So there was discussion as to that at the buy location. I don't
remember into what detail it was." (pages 18:24-19:lO)

lnvestigator Larremore was asked who was going to give him h ~ cues as to what
s
was occurring in the house or vehicle. He stated, "My understanding would be
that it would come from the guys - and I believe it was Pate and Pender in the
car monitoring the wire, if I am remembering correctly." (page 19:13-16)

lnvestigator Larremore was asked if he recalled what assignments the DEA
Special Agents had. He stated, "There were - I believe one of them, maybe
Andris, if I am correct, was to be one of the eyes on the car on her way to the
location. And I don't know if the other one . I am not sure what
their direct assignments were. That's just w h a t a g e 20~18-23)

lnvestigator Larremore was asked if the location of Forest Meadows was
discussed at the briefing. He stated, "I think it was. I can't - 1 remember the
Walmart being discussed. I don't remember when it was decided it was one or
the other. I just remember when we left the station, we went to Forest Meadows
and that's what I had in my mind that we were going to." (page 25:14-22)

lnvestigator Larremore was asked at what point his team realized CI Rachel
Hoffman was not going to make it to the park. He stated, 'We heard the radio
traffic that she turned off at the baseball fields, and then heard traffic that she
was turning back on to Meridian and should be coming in within a minute or two.
And then a minute or so after that, somebody, I don't know who; asked over the
radio do you see her in the parking lot yet? And we didn't see her. And I know
within our car we kind of started discussing where do you think she went, I don't
know. I don't know.

"And then that's when we heard Pender on me radio when Pender said she is on
Gardner Road and he didn't have a wire and then she wasn't answering. Then it
was quite obvious at that point. But we started wondering when he asked, did
anybody see her turn in yet. And I had been looking at the entrance and had not
seen her. So right about that time." (page 32:6#

lnvestigator Corey Hale:
interview in the Legal Conference Room with lnvestigator Corey Hale after
being advised of his OathIPerjut-yWarning and Police Officer Statement of
Rights. Sergeant Sam Gereg was also present as lnvestigator Hale's P.B.A
--
1.1. # 08-21
Page 28 of 199


Representative. lnvestigator Danielle Davis and Court Report Sandi Nargiz
were also present.

lnvestigator Hale has been employed with the Tallahassee Police Department as
an officer for approximately 7 years. He has been assigned to the Special
Investigations Unit (Vice) approximately one year. As part of his assignment he
has had training in basic narcotics investigations, undercover work, and domestic
marijuana interdiction.

lnvestigator Hale explained the process of documenting a confidential informant
(CI). He was asked what kind of background information is collected on a CI.
lnvestigator Hale stated, 'We make sure they have a driver's license - I mean,
it's not necessary to have one, but that obviously makes it easier if they have a
valid driver's license, they can drive themselves to the station and they can come
and go to the suppliers' residences without one of us having to drive them
around. We also do a local background check as far as their criminal history.
We also go to teletype and run them through a criminal history check through
FCICINCIC which would see if they have any criminal history in other states or
other counties in the state of Florida, if the! any outstanding warrants,
anything of that nature." (page 'l3:13-25)

I Investigator Hale was asked if the CI being in the Drug Court program was an
issue or concern. He stated, "That - I know you are asking because Willie
Meggs made a big deal about it on the news. There is nothing in our policy or
working procedure that says we shall or should get approval from the State
Attorney's office to work someone who is in Drug Court. Drug Court basically is
pretrial intervention. So they are not on any kind of, as our policy states,
probationary status." (page 14:3-10)

lnvestigator Hale was not familiar with the conaltlons of the Drug Court program.
He was asked if there was a condition of the Drug Court program that the C1
would be violating should helshe participate in an operation, would that be an
issue. He stated, "Yes, we would probably clear it through whoever is assigned,
probably Owen McCaul, he does a lot of the Drug Court stuff." (page 16:ll-13)

Investigator's Note: The following are the standard conditions for the Drug
Court program according to Assistant State Attorney (ASA) Owen McCaul.
These conditions are listed on the Drug Court agreement and
acknowledged by all participants in the program:

1. The Defendant agrees to enroll in the Leon County Drug Court
Intervention Division and comply with all conditions imposed as a part
of such treatment under the rules and regulations of the program. The
Defendant's participation i n the program shall be for a minimum of
twelve (12) months and a maximum of eighteen (18) months, unless

1.1. # 08-21
Page 29 of 199


otherwise ordered by the Court. The Defendant will be required to pay
costs of $50 a month.
The Defendant agrees to refrain from the possession andlor usage of
Illicit drugs, to refrain from the consumption of alcoholic beverages,
and to refrain from the commission of any misdemeanor or felony
offenses throughout the pendency of this case.
The Defendant agrees that, during participation in the program, the
Pretrial lntervention Officer or the Court may require from the
Defendant samples of breath, urlne andlor blood for the purpose of
determining whether the Defendant has used Illicit drugs andlor
alcohol. The Defendant shall not refuse any attempt by the treatment
staff to extract a breath, urine or blood sample for the purpose of
determining compliance with the requirements of the Leon County
Felony Drug Court lntervention Division. However, such samples will
not be used as evldence against the defendant on the current drug
offenses charged.
The Defendant hereby stipulates to the validity, accuracy and manner
of testing pertaining to tests performed on breath, blood andlor urine
samples. The Defendant hereby waives any right or claim to challenge
the extraction, chain of custody, and testing of the breath, blood andlor
urine sample, and waives any right to a hearing on such issues.
The Defendant agrees to appear in court before the Leon County Felony
Drug Court Division judge on a monthly basis, or as othewise ordered
by the Court.
The Defendant consents to communication between the Drug Testing
Center, the Drug Court judge, the Drug Court prosecutor, defense
attorney, and Drug Court pretrial intervention officer in order to inform
the court and all other named parties of hislher eligibility andlor
acceptability for substance abuse treatment services and hislher
treatment attendance, prognosis, compliance and progress in
accordance with the Drug Court program's monitoring criteria.
The Defendant agrees to speak freely with the Drug Court judge about
hislher treatment and substance usage, with the understanding that
such statements made in Leon County Felony Drug Court Intervention
Division will not be used as evidence on the current drug offense
charged.
The Defendant agrees to waive all rights to speedy trial under the laws,
constitutions, and rules of the State of Florida and the United States of
America during the period of the diversion of this cause.
The Defendant agrees to refrain from violating any law.
Cost of Supervision is waived by the Court, until a specific order with
respect thereto is entered in such case.
The Defendant will work diligently at a lawful occupation, or attempt to
secure employment unless helshe is enrolled as a full-time student.
Employment is to be verified by pay stub and school status is to be
verified by report card or written documents.

1.1. # 08-21
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INTERNAL AFFAIRS U N I T

12. The Defendant will make himselflherself available fur m e services for
the Leon County Felony Drug Court Intervention Agreement Program
by reporting in person to hislher Probation Officer on a monthly basis
as directed.
13. The Defendant will truthfully answer all inquiries b y hislher Probation
Off'icer and agrees that the officer may visit hislher home, or school,
without prior approval and will comply with all instructions he or she
may give.
14. The Defendant agrees to enroll i n and attend an approved educational
andlor vocational training program if deemed appropriate.
15. The Defendant will not own, possess, or carry any fireann or other
types of weapons.

According to lnvestigator Hale, the unit supervisor is kept informed about Cis by
the case investigator. He was asked if he would inform his supervisor should
one of his Cls break a rule. He stated, "Yes." (page 18:24) lnvestigator Hale
was asked what actions from a CI would cause him to stop using the CI. He
stated, "Unreliability, putting themselves or others in jeopardy, giving false
information that we know was false. We've actually bypassed several Cis for
unreliability. We had some commit perjury in court, courtroom testimony.
Obviously that's going to disqualify them from being an informant. Just various
I things of that nature." (page 19:l-7)

lnvestigator Hale was asked if a CI were to disclose their status as a CI to a
potential suspect and spoke to suspects outside his control and against his
advice, would this cause him to cease use of the CI. He stated, "It just depends.
It would be on a case-by-case basis. Who they told. Like oftentimes we tell
them not to tell anyone, but they tell their parents." (page 19:13-16)

lnvestigator Hale was asked if it were appropriate for one CI to pay another C1 to
work for the Vice unit and for that work to apply to the first Cl's substantial
assistance. He stated, "I can see where that would be a problem, but I don't
necessarily think it would be wrong." (page 27:7-8)

lnvestigator Hale was present for the search warrant at Rachel Hoffman's
apartment, 2626 East Park Avenue, on April 17, 2008. He did not hear the
interview of Rachel Hoffman by lnvestigator Pender where she requested to be a
CI. He did recall Rachel Hoffman requested to keep some of her drug
paraphernalia. She claimed that if a potential supplier came to her apartment it
would look suspicious if she didn't have any drug paraphernalia.

lnvestigator Hale was requested to assist in the May 7, 2008 operation. He was
assigned to the block team with investigator Rey Finales. lnvestigator Hale did
not recall any of the Drug Enforcement Administration (DEA) Special Agents
I attending the briefing. He also recalled Captain Connell and Sergeant Looney

1.1. # 08-21
Page 31 of 199

TALLAHASSEE POLICE DEPARTMEN I

being in attendance. lnvestigator Hale could not recall seeing Lieutenant White
at the briefing.

lnvestigator Hale was asked whose responsibility it was to keep eyes on CI
Rachel Hoffman. He stated, "Investigator Pender was the monitor unit and it was
his responsibility for that." (page 48:15-16) lnvestigator Hale was asked what
would happen should contact be I

Investigator Hale stated Forest Meado was not disc:ussed at the briefing. The
NS
first he heard of the change in location was when he was heading towards
Sumrnerbrooke on North Meridian Road. lnvestigator Hale did not know who
changed the location or who approved the change in location. He and
lnvestigator Finales were the first to arrive at Forest Meadows.

lnvestigator Hale was asked if he recalled Vice Standard Operating Procedures

lnvestigator Hale stated, "Not specifically that I recall. I am sure there may be
some but as a working practice you generally have it cleared through your
supervisor and make sure he is okay with it." (page 56:23-57:l)

lnvestigator Hale and lnvestigator Finales arrived at the park approximately 5
minutes before the next vehicle. They observed a vehicle, gray BMW, matching
the description of the suspect vehicle pull into the park. lnvestigator Hale stated,
''Well, I was on the north end of the park and it came in and did not come north,
so I assumed it had to be either at the very - at the middle of the park or on the
I south side of the parking lot." (page 57:14-17) Investigator Hale did not observe
the occupants.

1.1. # 08-21
Page 32 of 199


lnvestigator Hale was asked if the arrival of the vehicle gave him concern to

ensure the suspects had not set up counter-su'weillance. lnvestigator Hale
stated, "I don't know who determined the location. So if it was something we
-
determined, we were there as soon as I was there as soon as Miller or as soon
'as Pender said." (page 58:24-59:2) lnvestigator Hale was asked if it was his
understanding that the Vice Unit set that location, that he had no reason to
believe the suspects had set the location earlier. He stated, "Right." (page 59:6)

lnvestigator Hale was asked at what point his team realized CI Rachel Hoffman
was not going to make it to Forest Meadows. He stated, "I guess it would be
several moments after he said that she was coming out of the other entrance and
then we never saw her come. At that point, Pender stated that he was trying to
get her on the phone and reestablish contact with her." (page 60:18-22)

lnvestigator Hale was asked what their response was to this news. He stated,
'We stayed in position because typically Cls make wrong turns all the time and
,
I
they come around and go in the right spot. So we stayed in the right spot. So
we stayed in position assuming that she would come back." (page 60:24-61:2)
lnvestigator Hale was asked if he believed someone still had eyes on CI
Hoffman. He stated, "I figured someone did." (page 61:5)

lnvestigator Hale stated they left the park when lnvestigator Pender relayed that
CI Hoffman was now on Gardner Road. He was asked if he knew where
Gardner Road was located. He stated, "lnvestigator Finales, who was in my
vehicle, did.. I was not familiar with Gardner Road myself. But he knew where it
was, so I was glad to have him in the car." (page 61:15-18) .

lnvestigator Rey Finales:
interview in the Legal Conference Room with lnvestigator Rey Finales after
being advised of his OathlPerjury Warning and Police Officer Statement of
Rights. Sergeant Sam Gereg was also present as lnvestigator Finales'
P.B.A Representative. lnvestigator Danielle Davis and Court Reporter
Sarah Gilroy were also present.

lnvestigator Finales has been employed by the Tallahassee Police Department
for approximately 7 years. His current assignment is as a K-9 handler with the
Special Investigations Unit (Vice). lnvestigator Finales has been assigned to this
position since March 3,2008.

1.1. # 08-21
Page 33 of 199

Rachel Hoffman | Internal Affairs Investigation For Drug Informant Death With Botched Sting By TPD

Rachel Hoffman | Internal Affairs Investigation For Drug Informant Death With Botched Sting By TPD

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Rachel Hoffman | Internal Affairs Investigation For Drug Informant Death With Botched Sting By TPD