09-08-2005 VC SP-MMINUTES OF THE SPECIAL SESSION
~• VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
SEPTEMBER 8, 2005
Present: Dr. Edward M. Eissey, Mayor
David B. Norris, Vice Mayor
Robert F. Rennebaum, President Pro Tem
Charles R. O'Meilia, Councilman
Donald G. Noel, Councilman
Mark Bates, Village Manager
Melissa Teal, CMC, Village Clerk
ROLL CALL
Mayor Eissey called the meeting to order at 7:00 p.m. All members of Council were present.
All members of staffwere present.
REQUEST FOR ATTORNEY-CLIENT SESSION
Village Attorney George Baldwin requested a private Attorney-Client session with the Village
Council regarding litigation styled Sean Jackson and Sherrel Meriweather vs. Village of North
Palm Beach, et al.
ANNOUNCEMENT OF CLOSED ATTORNEY-CLIENT SESSION
Mayor Eissey announced that the Village Council would recess at this time for the purpose of
convening a private Attorney-Client Session with an estimated length of 30 minutes to discuss
pending litigation styled Sean Jackson and Sherrel Meriweather vs. Village of North Palm
Beach, et al. Mayor Eissey announced all persons who would be in attendance at the Session.
RECESS
The Special Session recessed at 7:01 p.m.
RECONVENED SPECIAL SESSION
Mayor Eissey reconvened the Special Session at 7:40 p.m. and announced the termination of the
Attorney-Client Session.
ADJOURNMENT
With no further business to come before the Council, the Special Session adjourned at 7:40 p.m.
• Melissa Teal, CMC
Village Clerk
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JACKSON
and
VILLAGE OF NORTH PALM BEACH
APPEARANCES:
Village of North Palm Beach, Florida
September 9, 2005
7:00 o'clock p.m.
KENNETH P. CARMAN, ESQ.
RON VINOGRAD
ED M. EISSEY, COUNCILMAN
DAVID NORRIS, ESQ, COUNCILMAN
CHARLIE R. O'MELIA, COUNCILMAN
DONALD G. NOEL, COUNCILMAN
GEORGE BALDWIN, ESQ, COUNCILMAN
MARK BATES, COUNCILMAN
ROBERT F. RENNEBAUM, COUNCILMAN
SPECIAL COUNCIL MEETING
FOR APPROVAL OF SETTLEMENT
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Thereupon:
The following proceedings were had:
MR. EISSEY: Mr. Baldwin, do we begin with
Mr. Carman or do --
MR. BALDWIN: That would be fine.
MR. EISSEY: Okay. Mr. Ca'.rman, you're on.
MR. CARMAN: Thank you. We're here at a
meeting to present to you the status of a
lawsuit which has tentatively been resolved
pending the approval of council and the
approval of the SIRMA board; SIRMA, being the
self-insured poll to which the city belongs.
SIRMA handles all insurance claims on behalf of
the city.
This case arrives out of an incident that
occurred back on October 20th of 2004.
To very briefly summarize the facts leading
up to this particular lawsuit, the Village
Police Department was notified by the Dade
County Public Safety Department that one of
their prisoners that was on work release had
fled.
He was believed to be back on his way up to
the Village to look for his wife, predicated
upon information they have received that they
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had obtained from his wife a, quote, Dear John
tetter.
They notified us that he may be coming back
up to the Village because his last known
address was believed to be here in the Village.
Upon receiving that information we, in
fact, verified, based on information available
to us, that he was residing here or last had
resided herein an apartment complex located
here in the Village.
Predicated upon that information the
decision was made that because this gentleman
had a violent past, including utilization of
force against police officers, that it would be
best to utilize -- best to utilize the SWAT
team to apprehend this individual and bring him
back into custody and return him to Dade
County.
So, we found out where he last resided and
we set up surveillance using equipment
belonging to the SWAT team unit.
Unfortunately, there was inclement weather on
the day of this occurrence and we were never
able to identify who was coming in or out of
this particular apartment.
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We got information from one of our
detectives that a gentleman was seen entering
the apartment; however, due to weather
conditions and darkness we were not able to
identify the individual that went into the
apartment as that matching the description
given to us by Miami -Dade.
For whatever reason the captain in charge
of the SWAT team decided that he would
effectuate entry. So, we set up outside of
this individual's apartment and we attempted
entry using avon rounds, which are a type of
shotgun rounds, and flash grenades in an
attempt to exercise the element of surprise and
gain entry into the apartment.
The intent was to prevent the occupants.of
the apartment from being harmed and other
individuals in the surrounding apartments being
harmed.
When we entered the apartment, instead -of
finding a white male, which is who we were
looking for, we found a black family hiding in
the bedroom.
Having realized that we had entered the
wrong apartment and that nobody fitting the
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description of the gentleman who was missing
from Dade County was in fact residing in that
apartment, we still placed the male inhabitant,
that being the black male of the apartment, in
handcuffs and marched him out of the apartment
while in handcuffs in front of his neighbors.
We caused considerable damage to the
apartment. They had. a young child residing
with them in the apartment. It was a husband,
a fiancee, and their child. Our own records
indicate that the child was somewhat shook up
as a result of this to the extent where
children and family services were called to the
scene to render care to the young child.
MR. EISSEY: How old was the child?
MR. CARMAN: Nine years old, I believe, at
the time the incident occurred.
The bottom line is that we made a mistake.
We went into the wrong apartment arguably with
inadequate information and also arguably by
using a SWAT team with the amount of force that
was not necessary for that type of unit to be
utilized.
The captain in charge felt like it was
necessary to use the SWAT team; however, it's
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important to note that our policy and
procedures did not contain any guidelines as to
when the SWAT team would or would not be
utilized. That's important because when
you're -- and I'll get into what the nature of
the claim that was filed against the Village --
MR. NOEL: May we ask questions while he
does this?
MR. EISSEY: What's your pleasure?
MR. CARMAN: Whatever suits him.
MR. EISSEY: Go ahead,'Mr. Noel.
MR. NOEL: Well, you know, to start this
thing I'm kind of going through this. It say
it was a fugitive. What kind of fugitive was
he? You said we used the SWAT team.
MR. CARMAN: He was on work release. The
argument
MR. NOEL: For what kind of crime?
MR. CARMAN: He did have a violent past,
but the argument being that they felt that he
was sufficiently rehabilitated to the extent
that he was able to be released on a work
release program, which requires minimal
supervision.
Now, the counter argument to that, to
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answer your question, is that he was at the end
of the sentence. So, somehow in this man's
mind he felt it so necessary to walk away from
the tail end of his sentence and risk
additional jail time. One would suspect that
he was capable of doing violence either to
himself or to his wife so as to incur
additional jail time by --
MR. NOEL: What time was this raid?
MR. CARMAN: The raid was conducted at
about 8:30 in the evening.
MR. NOEL: So, it was dark?
MR. CARMAN: Yes.
MR. RENNEBAUM: When did they start the
surveillance?
MR. CARMAN: We started at around noon and
there was a gap in the surveillance because we
thought we spotted somebody similar to the
description in a nearby park.
One of the problems that we had, however,
is that the Plaintiff's testified that they
came home from work at different times that
day; the husband, the wife, and the husband
bringing the child home at different times.
They entered -- The husband went out to get
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groceries and it wasn't until he returned with
the groceries when we first noticed for the
first time someone entering the apartment.
So, our surveillance missed the fact that
the wife came home, that the husband came home,
and that the husband left to pick up groceries.
So, our surveillance was somewhat inefficient
in that we failed to pick up the individuals
that entered this apartment before an
unidentified male was identified as entering
the apartment, which is when the captain called
for the raid to begin.
MR. EISSEY: Anything else, Mr. Noel?
MR. NOEL: Not at the moment.
MR. EISSEY: Please proceed.
MR. CARMAN: Okay. We entered the
apartment again, brought this individual out in
handcuffs, and later released him from the
handcuffs. We had done considerable damage to
the apartment.
One of the difficulties that we had is that
this occurred shortly after the last hurricane
took place and we had an extremely difficult
time finding a place for these individuals to
stay since most of the hotel rooms were booked
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up. We did, after some period of time, replace
all of the contents of the apartment that had
been damaged.
MR. NOEL: What's that period of time?
MR. CARMAN: There was a dispute about
that. Our records reflect that they were
immediately replaced after a matter of days.
It was the Plaintiff's contention in mediation
and they produced records to show that it was
actually months before everything was replaced.
So, we did replace their damaged materials;
however, there were some difficulties that were
brought to our attention at the mediation.
The first difficulty is.the fact that
neighbors of the Jacksons' were out there with
video cameras filming everything that was going
on. These videotapes were not made known to us
until the mediation that we attended shortly
after the lawsuit was filed. That became a
particular importance due to the case law in
the nature of the claim that were served
against us.
In the videotape that the neighbors took
our officers were verbally and visibly rude to
the neighbors that were videotaping. One of
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the things they made reference to when they
told these people to stop filming is that this
is a crime scene. You must leave.
Actually, these individuals, that being the
Jacksons, had committed no crime. One of the
things that caused us to have some concern is
the continued reference of referring to this
situation as a crime scene even after we knew
no criminal activity had been committed by the
Jacksons.
One of the claims that has been asserted
against us is a civil rights claim, a 1983
claim, arising out of the Forth Amendment
violation of illegal search and seizure.
The defense available to the individual
officers is qualifying immunity, which means
that,the officers, in fact, in the importance
of their official duties will not be
responsible as a matter of law unless they're
blatantly ignoring the law and acted in an
incompetent matter or in a willful or wrongful
matter to cause damage to the individuals that
are involved.
One of the case law and sections of
qualified immunity that creates an issue of
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fact that prevents an entry of motion for
summary judgement in our favor is the
continuation to refer to a crime scene or to
criminal activity once it is known by us that
there is no crime that has been committed. In
mediation they continued to refer to this as a
crime scene even though we knew that the
Jacksons were innocent of any crime.
One of the concerns we had to address was
whether or not that would impact on our ability
to get our officers out via filing the motion
for summary judgment.
The other concern was the utilization of
the explosive.devices forcing entry --
MR. NOEL: Hang on a second. Before you
get off of the 1983 claim, you mentioned in
here something about -- Mayor, I'm sorry for
interrupting.
You have a problem with officers not
being -- not having the immunity that they
would normally have because they were referring
to this as a crime scene. That's the
incompetence you're referring to?
MR. CARMAN: No. We're getting a little
bit ahead of the presentation, but generally
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there were two causes of action that were
stated against the Village and against the
officers.
Against the Village it was a 1983 claim.
That is a claim against the government entity,
which means that they have to establish and
plead that the Village had a custom of policy,
whether it be in fact by the city's policies
and procedures or that the city had established
through its customs and policy a policy 'and
procedure to violate individuals' civil rights
by violating the Forth Amendment right by
committing an illegal search and seizure. We
know that did not exist.
The second way to establish such a cause of
action is to establish that the actions of our
administration by way of supervision and
training were deliberately indifferent to the
rights of our citizens. That would have been
the claim that they would have been traveling
on to establish a 1983 claim against the city.
I don't believe that the Plaintiff would
have been able to have met that burden against
the city. We felt very strongly that a 1983
claim against the city had not been sustained.
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MR. NOEL: Okay.
MR. CARMAN: Where we felt we had a problem
with the 1983 claim is with the individual
officers, more particularly the captain, in his
decision to use the SWAT team based upon the
lack of sufficient information that would
justify his calling of the SWAT team to
effectuate the raid.
Now, when a claim is filed against a
governmental employee where a governmental
employee is acting under the color of law and
violating an unconstitutional right under color
of law, one of the defenses that we assert is
the defense of qu..alifying immunity. That means
that the officer was just doing his or her
official job in an official manner following
the known law.
We immediately filed for a summary judgment
asserting a defense for qualified immunity.
The theory behind that defense is that the
federal courts did not want governments to come
to a standstill while its officers spent all
their time in depositions and in courts of law
defending themselves, because then local
governments would not be able to function
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because they would be spending all of their
time at a court of law.
The problem that we had is that there are
several cases out there that stand for the
proposition that if you continue to call
somebody a criminal after knowing they
committed no crime, that kind of takes you out
of that immunity because you are therefore
violating a constitutional right in and of
i tself .
Those cases say that then becomes a
question of fact for the jury to decide. It's
no longer -the judge, but the jury must decide
whether or not qualified immunity will apply.
So, we were concerned about those cases.
The reference to the continuation of referring
to this as a crime scene might cause the judge
to deny our motion for summary judgment thereby
causing our officers to remain in the law as a
party defendant.
MR. NOEL: So, when they say "crime scene",
that implies that the person inside the scene
is a criminal?
MR. CARMAN: Correct. The second prong of
that had to do with the fact that there are
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cases that deal with areas of this nature that
find that the utilization of explosive devices
to gain entry in and of itself is a
constitutional violation. It creates
sufficient questions of fact under the
circumstances so as to avoid the judge, as a
matter of law granting qualified immunity,
leaving it up to the jury to decide.
So, again instead of being able to win over
the judge saying, Judge, it's a matter of law,
you must grant summary judgment in favor of our
officers, we may have been faced with the
proposition of having to go to the jury and
letting the jury decide.
MR. NOEL: Thank you.
MR. EISSEY: Please continue.
MR. CARMAN: So, as it turns out we clearly
made a mistake. Now, there are two causes of
action that were pled, state court claims for
negligence and false arrest, false
imprisonment, and then we had the federal civil
rights claims.
Again, I did not believe that the plaintiff
would be able to sustain his burden of
establishing a federal claim against the
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Village for the officers, but when the lawsuit
was filed, we prepared and filed a motion for
summary judgment -- excuse me a motion to
dismiss the 1983 claim.
The case in federal court fell if front of
Judge Middlebrooks. Judge Middlebrooks was
very welt -known to us. He never grants motions
to dismiss. I've had probably 50 or 60 cases
in front of him and I never had him grant a
motion to dismiss. He denied our motion to
dismiss.
The next step for us would have been to
have a -- to proceed with discovery and then
file a motion for summary judgment on the basis
of qualified immunity. Once that motion was
heard, we would then file the second motion to
get the Village out on the basis that the
Plaintiff did not establish necessary evidence
to have sustained the 1983 claim against the
Village.
The problem we had with the 1983 claim is
that there's no statutory cap on damages on a
1983 claim as there are on the State Tort
Claims. As you are aware there was a $200,000
statutory cap on the State Tort Claims. In
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this instance they were claiming that $200,000
was available on damage. On the 1938 claim no
such statutory cap exists.
If the Plaintiff substantially recovered on
any of their civil.rights claims, not only do,
we owe monetary damages, but we owe their
attorney's fees as well.
So, we had a mediation with the officers on
two occasions. What we learned from our
meeting with the officers is that there were
three positions that were being taken by the
various officers involved in the circumstance.
There was then an entirely different
position taken by the administration that was
not involved in this situation because a change
in administration didn't take place.
One group of officers felt that the
utilization of the SWAT team and the
information that what relied upon was totally
inappropriate .and the information that was
relied upon was totally inadequate.
MR. RENNEBAUM: Are these members of the
SWAT team that were saying this?
MR. CARMAN: Yes. Another group supported
everything that was done and a third group sat
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mute.
What that caused was a problem in our being
able to represent all of the officers that were
involved because obviously there was a conflict
of interest because one group of officers was
in essence going to be pointing fingers at a
second group of officers that was involved in
this particular event. Just as a side, some of
that is continuing on today in other cases that
we have pending.
MR. NOEL: With us?
MR. CARMAN: Yes. So, we had a problem
there and that caused me to have to go to the
claims representative, who was handling this
file and say, if this continues, I have a
conflict of interest and you're going to have
to bring in another law firm to represent these
officers because there's a conflict of
interest. They'll be pointing the finger at
other officers and I can't represent them.
Based upon those discussions, based upon an
analysis of the cost involved to defend the
lawsuit, based upon the possibility that a 1983
claim could go to a jury, based upon the fact
that claims of this nature could have some
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jury's sympathy because nobody tikes to have
their house innocently broken into whether it's
intentionally or whether it's by mistake, and
based upon the position taken by our current
chief we were instructed to undertake a
settlement negotiations.
One of the things of concern is what it
would cost to defend this case if we were to
continue to the point where we could file a
necessary summary judgment. That would entail
hiring several expert witnesses. It would
entail having two law firms defend the city.
My projection as to what it would cost to
continue on with this defense at least to the
point where we're ready to go to trial would
probably be $100,00 because we're going to have
two law firms at all of these depositions and
we anticipated 30 or 40 depositions.
We foresaw the need for two liability
experts and the need for at least one if not
two medical experts.
So, we were given instructions to attempt
to resolve these issues before incurring
defense cost and more importantly for giving
the Plaintiff the opportunity to take discovery
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from our officers which would be detrimental to
our case.
So, we set this case for mediation. We
mediated the case and the Plaintiff demanded
$750,000 and insisted that that was his bottom
line. We got into a very strong argument as to
whether or not he would be able to sustain his
1983 claim against the city. I was addiment
that he would not. That caused him to walk out
of the mediation.
We were instructed to formally continue the
mediation process through the mediator and we
were finally successful in doing that and we
arrived at a tentative settlement of this case
at the $200,000 statutory cap. That settlement
would include all claims, all resolution, all
attorney's fees, all costs.
It's a little bit more than what we felt
the value of the case was, but due to the
publicity --
MR. EISSEY: Considering all of the other
things you mentioned earlier.
MR. CARMAN: And considering the fact that
I earned very little in'defending this case.
We have put defense costs towards the
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settlement, that we're not going to incur
future defense costs and expert witness fees,
that this case did have value to it that would
no longer expose the city to attorney's fees
and to potential damages that could include the
statutory cap.
It was a recommendation from all parties
involved that we attempt to resolve this case.
MR. EISSEY: At $200,000?
MR. CARMAN: Yes, sir.
MR. EISSEY: And that's what you'll
recommend to the council to consider?
MR. CARMAN: Yes.
MR. EISSEY: Mr. Rennebaum.
MR. RENNEBAUM: When you said Mr. Jackson
walked out, is he now agreed to this $200,000
offer?
MR. CARMAN: Yes, sir.
MR. RENNEBAUM: So, we say $200,00 and it's
all done and everybody agrees?
MR. CARMAN: Everybody agrees. It's
confirmed at the SIR meeting set for September
16th, but with your approval I'm sure that --
MR. NOEL: What's SIR?
MR. CARMAN: Self Insurance Retention.
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MR. NORRIS: The money all comes from
SIRMA?
MR. CARMAN: Correct.
MR. BALDWIN: And anything over $25,000
they have to approve?
MR. CARMAN: Yes, that's correct.
MR. NORRIS: Can I ask one question?
MR. EISSEY: Mr. Norris.
MR. NORRIS: You mentioned position by a
current chief. What was that? You said one of
the reasons or --
MR. CARMAN: The chief reviewed all
potential circumstances surrounding this
particular situation and felt that it was
improperly handled. He felt it did not support
the utilization of a special response team and
felt that it was in the Villages best interest
to resolve the case.
There were also some issues that may have
come up in discovery. There were some other
cities that our SWAT team participated in
training activities with. They refused to
allow our participation with concerns --
MR. RENNEBAUM: Say that again.
MR. CARMAN: They refused'to allow us to
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participate in their activities.
MR. RENNEBAUM: For what reasons?
MR. CARMAN: Once we established the team
they didn't think -- From what I've been told
by the chief they didn't think that we were at
a sufficient level to be on -- be put with
their units and would not allow us to
participate in the.
MR. RENNEBAUM: Prior to this incident?
MR. CARMAN: Yes.
MR. RENNEBAUM: Not based on this incident?
MR. CARMAN: Prior to the incident.
MR. RENNEBAUM: Strictly independent based
on their perception of our qualifications?
MR. CARMAN: Correct
MR. BALDWIN: How many Plaintiffs are
involved and are they all represented by one
attorney?
MR. CARMAN: Yes, every Plaintiff is
represented. It was a father, a mother, and a
child.
MR. NOEL: I heard neighbors are jumping in
on this.
MR. CARMAN: No.
MR. NOEL: No neighbors?
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MR. CARMAN: No neighbors.
MR. O'MELIA: Is the lawsuit just against
the Village or against the Village and the
employees?
MR. CARMAN: It was the Village and I think
there were six officers named.
MR. O'MELIA: So, this would release all of
the officers?
MR. CARMAN: This would be an entire
release of the Village and all of its
employees.
MR. NORRIS: Will you be directed to defend
all of the officers and the Village?
MR. CARMAN: Yes, but after meeting with
the officers, due to the inconsistencies as to
how they saw the events surrounding the
circumstances, it's apparent that I could not
continue with that representation any further
because they were taking positions adverse to
one another.
MR. EISSEY: Well, allow me to stipulate
and I believe I can, in this case, speak for
the council to thank you for the thorough
information that you have provided us and it's
very, very helpful. With that, unless there --
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Do you have any questions?
MR. NOEL: Do you want to talk about it in
here?
MR. EISSEY: Shall we --
MR. BALDWIN: I think I would talk and
converse about it in here, but the actual
decision I think would be made at the regular
meeting.
MR. EISSEY: With the amount?
'MR. BALDWIN: Correct. .There is a
resolution prepared for the council with the
amount to be inserted and to take --
MR. NOEL: So, we shouldn't be having a big
discussion about this out there?
MR. BALDWIN: Is that appropriate with
you?
MR. CARMAN: Yes. That's correct. I know
there is probably going to be a lot of media
attention surrounding this and I think we have
to stick firm that this was a simple mistake.
Nobody's constitutional rights were in any way,
shape, or form violated.
This was never looked upon by the Village
as being a civil rights 1983 claim and that in
large part what went into our settlement,
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Number 1; we wanted to do right by our citizens
who did sustain some damages as a result of a
mistake on our part and, Number 2, that
economics and cost of events played a large
factor.
The attorney who was representing the
Plaintiffs is very publicity happy and will try
to put a negative spin against the Village --
MR. NOEL: Who is it?
MR. CARMAN: Brian Porsaw (phonetic). I've
never dealt with him before.
MR. EISSEY: Will he be here tonight?
MR. CARMAN: I don't think so. He knows
about the meeting tonight.
I know there will be another article in the
paper, so if anybody if intending to speak to
the press, we want to say --
MR. EISSEY: It will be my recommendation
to all of the council that we stipulate that
they must contact our attorney then our
attorney can respond based upon --
MR. CARMAN: Well, I don't respond. My
standing instructions is not to speak with the
press.
I just want to make clear that my position
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is that there was no and never has been any
constitutional violation, no 1983 violation.
If fact,.it was a simple mistake that has been
made. They have a remedy for the mistake
that's under Florida Tort Law, not under the
civil rights claim.
MR. EISSEY: And your recommendation is
that we just not have any comment and not refer
this to anyone else?
MR. BALDWIN: That's my bet. It's that you
will refer to Mr. Carman, who won't comment.
MR. EISSEY: Any problem with that,
counsel?
MR. CARMAN: I have no problem with that.
MR. BALDWIN: Is that all right with you?
MR. CARMAN: Well, that's strictly your
decision as to whether or not you want to
somehow, you know, present the city's version
of this in the press so that the Village -- so
that we don't -- They're going to make this
look as bad as they possibly can.
MR. BATES: At some point I think it will
be incumbent upon the city to make a comment.
It should be very concise, very brief, and
entirely consistent. It should be one time
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only.
MR. NORRIS: We need to have a prepared
statement.
MR. EISSEY: All right. Will the council
agree that Mr. Carman should do that.
MR. BALDWIN: Well, Mr. Carman said he
doesn't comment.
MR. NOEL: Let's have Mr. Carman approve
the comment.
MR. EISSEY: Mr. Bates can comment and
Mr. Carman will approve the comment.
MR. BATES: Tonight or tomorrow morning
I'll -draft up probably a two to three sentence
comment. I can run it by Mr. Carman and
Mr. Baldwin's office. When the question comes,
if it comes, here it is. You'll know about it
ahead of time and that's it.
MR. EISSEY: Do you have any problems
drafting a sentence or two for our village
manager?
MR. CARMAN: I think Mr. Bates is quite
capable of doing that.
MR. BATES: It will take me 5 minutes and
it will take them 30 seconds to comment on
that. It's not terribly complicated.
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MR. CARMAN: I want to make sure that
nobody leaves the room feeling that it wasn't
anything but an honest mistake made here. We
have economic considerations that we have to
consider and that was --
MR. EISSEY: We announced a certain time to
get back, so may I thank you on behalf of the
council for your representation here this
evening and for your representation in the past
with us.
MR. RENNEBAUM: Mayor, I have one last
question. Mr. Bates, what's the form of the*
motion for tonight?
MR. EISSEY They have a resolution.
MR. BALDWIN: Let's give all the letters
back to Mr. Carman.
(Thereupon, the meeting was concluded at
7:35 o'clock p.m.)
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CERTIFICATE WITH ACKNOWLEDGMENT
I, Nancy Berrios, certify that I was authorized
to and did stenographically report the foregoing
proceedings and that the transcript is a true record.
Dated this 14th day of September, 2005
Notary Publ�i4, State of Florida
Nancy Benios
Commission #DD319521
�;. `�'.01ZQ= Expires: May 16, 2008
Bonded Thru
Atlantic Bonding Co., Inc.
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
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$100,00 - 19:16
$200,00 - 21:19
$200,000 - 16:24,
17:1, 20:15, 21:9,
21:16
$25,000 - 22:4
$750,000 - 20:5
1 - 26:1
14th - 30:9
16th - 21:23
1938 - 17:2
1983 - 10:12, 11:16,
12:4, 12:21, 12:24,
13:3, 16:4, 16:19,
16:21, 16:23, 18:23,
20:8, 25:24, 27:2
2
2 - 26:3
2004 - 2:16
2005 - 1:8, 30:9
20th - 2:16
30 - 19:18, 28:24
4
40 - 19:18
5
5 - 28:23
50 - 16:8
6
60 - 16:8
7
7:00 - 1:9
7:35 - 29:18
8
8:30 - 7:11
9
9 - 1:8
A
ability - 11:10
able - 3:24, 4:4,
6:22, 12:23, 13:25,
15:9, 15:24,18:3,
20:7
Acknowledgment -
30:1
acted - 10:20
acting - 13:11
action - 12:1, 12:16,
15:19
actions - 12:16
activities - 22:22,
23:1
activity - 10:9, 11:4
actual - 25:6
addiment - 20:8
address - 3:5, 11:9
administration -
12:17, 17:14, 17:16
adverse - 24:19
agree - 28:5
agreed - 21:16
agrees - 21:20,
21:21
ahead - 6:11, 11:25,
28:17
allow - 22:23,
22:25, 23:7, 24:21
Amendment -
10:13, 12:12
amount - 5:21,
25:9, 25:12
analysis - 18:22
announced - 29:6
answer - 7:1
anticipated - 19:18
apartment - 3:9,
3:25, 4:3, 4:6, 4:11,
4:15, 4:17, 4:20, 4:25,
5:3, 5:4, 5:5, 5:8, 5:9,
5:19, 8:3, 8:9, 8:11,
8:17, 8:20, 9:2
apartments - 4:18
apparent - 24:17
Appearances- 1:11
apply - 14:14
apprehend - 3:16
appropriate - 25:15
Approval - 1:23
approval - 2:10,
2:11, 21:23
approve - 22:5,
28:8, 28:11
areas - 15:1
arguably - 5:19,
5:20
argument - 6:17,
6:20, 6:25, 20:6
arising - 10:13
arrest - 15:20
arrived - 20:14
arrives - 2:15
article - 26:15
assert - 13:13
asserted - 10:11
asserting - 13:19
attempt - 4:14,
19:22, 21:8
attempted - 4:11
attended - 9:18
attention - 9:13,
25:19
attorney - 23:18,
26:6, 26:20, 26:21
attorney's - 17:7,
20:17, 21:4
authorized - 30:5
available - 3:7,
10:15, 17:2
avoid - 15:6
avon - 4:12
aware - 16:24
B
bad - 27:21
Baldwin - 1:16, 2:3,
2:5, 22:4, 23:16, 25:5,
25:10, 25:15, 27:10,
27:15, 28:6, 29:15
Baldwin's - 28:15
Based - 18:21
based - 3:7, 13:5,
18:21, 18:23, 18:24,
19:4, 23:11, 23:13,
basis - 16:14, 16:17
Bates - 1:16, 27:22,
28:10, 28:12, 28:21,
28:23, 29:12
Beach - 1:4, 1:7
became - 9:19
becomes - 14:11
bedroom - 4:23
begin - 2:3, 8:12
behalf - 2:13, 29:7
behind - 13:20
belonging - 3:21
belongs - 2:12
Berrios - 30:5,
30:12
best - 3:15, 22:17
bet - 27:10
big - 25:13
bit - 11:25, 20:18
black - 4:22, 5:4
blatantly - 10:20
board - 2:11
booked - 8:25
bottom - 5:18, 20:5
Brian - 26:10
brief - 27:24
briefly - 2:17
bring - 3:16, 18:17
bringing - 7:24
broken - 19:2
brought - 8:17, 9:13
burden - 12:23,
15:24
C
cameras - 9:16
cap - 16:22, 16:25,
17:3, 20:15, 21:6
capable - 7:6, 28:22
captain - 4:8, 5:24,
8:11, 13:4
care - 5:14
Carman- 1:13,2:4,
2:6, 2:7, 5:16, 6:10,
6:16, 6:19, 7:10, 7:13,
7:16, 8:16, 9:5, 11:24,
13:2, 14:24, 15:17,
17:24, 18:12, 20:23,
21:10, 21:13, 21:18,
21:21, 21:25, 22:3,
22:6, 22:12, 22:25,
23:3, 23:10, 23:12,
23:15, 23:19, 23:24,
24:1, 24:5, 24:9;
24:14, 25:17, 26:10,
26:13, 26:22, 27:11,
27:14, 27:16, 28:5,
28:6, 28:8, 28:11,
28:14, 28:21, 29:1,
29:16
case - 2:15, 9:20,
10:24, 16:5,19:8,
20:2, 20:3, 20:4,
20:14, 20:19, 20:24,
21:3, 21:8, 22:18,
24:22
cases - 14:4, 14:11,
14:15, 15:1, 16:8,
18:9
caused - 5:7, 10:6,
18:2, 18:13, 20:9
causes - 12:1,
15:18
causing - 14:19
certain - 29:6
Certificate- 30:1
certify - 30:5
change - 17:15
Charlie- 1:15
chief - 19:5, 22:10,
22:12, 23:5
child - 5:8, 5:10,
5:11, 5:14, 5:15, 7:24,
23:21
children - 5:13
circumstance -
17:12
circumstances -
15:6, 22:13, 24:17
cities - 22:21
citizens - 12:19,
26:1
city - 2:12, 2:14,
12:9,12:21, 12:24,
12:25, 19:12, 20:8,
21:4, 27:23
city's - 12:8, 27:18
civil - 10:12, 12:11,
15:21, 17:5, 25:24,
27:6
claim - 6:6, 9:21,
10:12, 10:13, 11:16,
12:4,12:5, 12:20,
12:21, 12:25, 13:3,
13:9, 15:25, 16:4,
16:19,16:21, 16:23,
17:2,18:24, 20:8,
25:24, 27:6
claiming - 17:1
claims - 2:13,
10:11, 15:19, 15:22,
17:5,18:14, 18:25,
20:16
Claims- 16:24,
16:25
clear - 26:25
clearly - 15:17
color- 13:11, 13:12
coming - 3:3, 3:24
comment - 27:8,
27:11, 27:23, 28:7,
28:9, 28:10, 28:11,
28:14, 28:24
committed - 10:5,
10:9,11:5, 14:7
committing - 12:13
complex - 3:9
complicated - 28:25
concern - 10:6,
11:13, 19:7
concerned - 14:15
concerns - 11:9,
22:23
concise - 27:24
concluded - 29:17
conditions - 4:4
conducted - 7:10
confirmed - 21:22
conflict - 18:4,
18:16, 18:18
consider - 21:12,
29:5
considerable - 5:7,
8:19
considerations -
29:4
Considering- 20:21
considering - 20:23
consistent - 27:25
constitutional -
14:9, 15:4, 25:21,
27:2
contact - 26:20
contain - 6:2
contention - 9:8
contents - 9:2
continuation - 11:3.
continue - 14:5,
15:16, 19:9, 19:14,
20:11, 24:18
continued - 10:7,
11:6
continues - 18:15
continuing - 18:9
converse - 25:6
correct - 22:6,
25:17
Correct- 14:24,
22:3, 23:15, 25:10
cost- 18:22, 19:8,
19:13, 19:24, 26:4
costs - 20:17,
20:25, 21:2
Council- 1:22
council - 2:10,
21:12, 24:23, 25:11,
26:19, 28:4, 29:8
Councilman- 1:14,
1:15, 1:16, 1:17
counsel - 27:13
counter - 6:25
County- 2:20, 3:18,
5:2
court - 14:2, 15:19,
16:5
courts - 13:21,
13:23
creates - 10:25,
15:4
crime - 6:18, 10:3,
10:5, 10:8, 11:3, 11:5,
11:7, 11:8,11:22,
14:7, 14:17, 14:21
criminal - 10:9,
11:4,14:6, 14:23
current - 19:4,
22:10
custody - 3:17
custom - 12:7
customs - 12:10
D
Dade - 2:19, 3:17,
5:2
dade - 4:7
damage - 5:7, 8:19,
10:22, 17:2
damaged - 9:3, 9:11
damages - 16:22,
17:6, 21:5, 26:2
dark - 7:12
darkness - 4:4
Dated - 30:9
David - 1:14
days - 9:7
deal - 15:1
dealt - 26:11
Dear- 3:1
decide - 14:12,
14:13, 15:8, 15:14
decided - 4:9
decision - 3:12,
13:5, 25:7, 27:17
defend - 18:22,
19:8, 19:12, 24:12
defendant - 14:20
defending - 13:24,
20:24
defense - 10:15,
13:14, 13:19, 13:20,
19:14, 19:24, 20:25,
21:2
defenses - 13:13
deliberately - 12:18
demanded - 20:4
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
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Department- 2:19,
2:20
depositions -
13:23, 19:17, 19:18
description - 4:6,
5:1, 7:19
detectives - 4:2
detrimental - 20:1
devices - 11:14,
15:2
different - 7:22,
7:24, 17:13
difficult - 8:23
difficulties - 8:21,
9:12
difficulty - 9:14
directed - 24:12
discovery - 16:13,
19:25, 22:20
discussion - 25:14
discussions - 18:21
dismiss - 16:4,
16:8, 16:10, 16:11
dispute - 9:5
Donald - 1:15
done - 8:19, 17:25,
21:20
draft - 28:13
drafting - 28:19
due - 4:3, 9:20,
20:19, 24:15
duties - 10:18
E
earned - 20:24
economic - 29:4
economics - 26:4
Ed- 1:14
effectuate - 4:10,
13:8
Eissey - 1:14, 2:3,
2:6, 5:15, 6:9, 6:11,
8:13, 8:15, 15:16,
20:21, 21:9, 21:11,
21:14, 22:8, 24:21,
25:4, 25:9, 26:12,
26:18, 27:7, 27:12,
28:4, 28:10, 28:18,
29:6, 29:14
either - 7:6
element - 4:14
employee - 13:10,
13:11
employees - 24:4,
24:11
end - 7:1, 7:4
entail - 19:10, 19:12
entered - 4:20, 4:24,
7:25, 8:9, 8:16
entering - 4:2, 8:3,
8:10
entire - 24:9
entirely - 17:13,
27:25
entity - 12:5
entry - 4:10, 4:12,
4:15,11:1, 11:14,
15:3
equipment - 3:20
Esq - 1:13, 1:14,
1:16
essence - 18:6
establish - 12:6,
12:15, 12:16, 12:21,
16:18
established - 12:9,
23:3
15:25
evening - 7:11, 29:9
event - 18:8
events - 24:16, 26:4
evidence - 16:18
excuse - 16:3
exercise - 4:14
exist - 12:14
exists - 17:3
expert - 19:11, 21:2
experts - 19:20,
19:21
explosive - 11:14,
15:2
expose - 21:4
extent - 5:12, 6:21
extremely - 8:23
F
faced - 15:12
fact - 3:7, 5:2, 8:4,
9:14, 10:17, 11:1,
12:8, 14:12, 14:25,
15:5, 18:24, 20:23,
27:3
factor - 26:5
facts - 2:17
failed - 8:8
false - 15:20
family - 4:22, 5:13
father - 23:20
favor - 11:2, 15:11
federal - 13:21,
15:21, 15:25, 16:5
fees - 17:7, 20:17,
21:2, 21:4
fell - 16:5
felt - 5:24, 6:20, 7:3,
12:24, 13:2, 17:17,
20:18, 22:14, 22:15,
22:17
fianc - 5:10
file - 16:14,16:16,
18:15, 19:9
filed - 6:6, 9:19,
13:9, 13:18, 16:2
filing - 11:11
filming - 9:16,10:2
finally - 20:13
fine - 2:5
finger - 18:19
fingers - 18:6
firm - 18:17, 25:20
firms - 19:12, 19:17
first - 8:2, 8:3, 9:14
fitting - 4:25
flash - 4:13
fled - 2:22
Florida- 1:7, 27:5,
30:13
following - 2:2,
13:16
force - 3:14, 5:21
forcing - 11:14
foregoing - 30:6
foresaw - 19:19
form - 25:22, 29:12
formally - 20:11
Forth- 10:13, 12:12
front - 5:6, 16:5,
16:9
fugitive - 6:14
function - 13:25
future- 21:2
G
gain - 4:15, 15:3
generally - 11:25
gentleman - 3:12,
4:2, 5:1
George- 1:16
given - 4:7, 19:22
government - 12:5
governmental -
13:10
governments -
13:21, 13:25
grant - 15:11, 16:9
granting - 15:7
grants - 16:7
grenades - 4:13
groceries - 8:1, 8:2,
8:6
group - 17:17,
17:24, 17:25,18:5,
18:7
guidelines - 6:2
H
handcuffs - 5:5,
5:6, 8:18, 8:19
handled - 22:15
handles - 2:13
handling - 18:14
Hang- 11:15
happy - 26:7
harmed - 4:17, 4:19
heard - 16:16, 23:22
helpful - 24:25
hiding - 4:22
himself - 7:7
hiring - 19:11
home - 7:22, 7:24,
8:5
honest - 29:3
hotel - 8:25
house - 19:2
hurricane - 8:22
husband - 5:9,
7:23, 7:25, 8:5, 8:6
identified - 8:10
identify - 3:24, 4:5
ignoring - 10:20
illegal - 10:14,
12:13
immediately - 9:7,
13:18
immunity - 10:16,
10:25, 11:20,13:14,
13:19, 14:8, 14:14,
15:7,16:15
impact - 11:10
implies - 14:22
importance - 9:20,
10:17
important - 6:1, 6:4
importantly - 19:24
imprisonment -
15:21
improperly - 22:15
inadequate - 5:20,
17:21
inappropriate -
17:20
incident - 2:15,
5:17, 23:9, 23:11,
23:12
inclement - 3:22
include - 20:16,
21:5
including - 3:13
incompetence -
incompetent -
10:21
inconsistencies -
24:15
incumbent - 27:23
incur - 7:7, 21:1
incurring - 19:23
independent -
23:13
indicate - 5:11
indifferent - 12:18
individual - 3:16,
4:5, 8:17, 10:15,13:3
individual's - 4:11
individuals - 4:18,
8:8, 8:24, 10:4, 10:22
individuals'- 12:11
inefficient - 8:7
information - 2:25,
3:6,3:7,3:11,4:1,
5:20,13:6, 17:19,
17:20, 24:24
inhabitant - 5:3
innocent - 11:8
innocently - 19:2
inserted - 25:12
inside - 14:22
insisted - 20:5
instance - 17:1
instead - 4:20, 15:9
instructed - 19:5,
20:11
instructions -
19:22, 26:23
insurance - 2:13
Insurance - 21:25
insured - 2:12
intending - 26:16
intent - 4:16
intentionally - 19:3
interest - 18:5,
18:16, 18:19, 22:17
interrupting - 11:18
involved - 10:23,
17:12, 17:15, 18:4,
18:7,18:22, 21:8,
23:17
issue - 10:25
issues - 19:23,
22:19
itself - 14:10,15:3
J
Jackson- 1:2, 21:15
Jacksons- 10:5,
10:10, 11:8
Jacksons'- 9:15
jail - 7:5, 7:8
job - 13:16
John- 3:1
Judge- 15:10, 16:6
judge - 14:13,
14:17, 15:6, 15:10
judgement - 11:2
judgment - 11:12,
13:18, 14:18, 15:11,
16:3, 16:14, 19:10
jumping - 23:22
jury - 14:12, 14:13,
15:8, 15:13, 15:14,
18:24
jury's - 19:1
justify - 13:7
K
Kenneth- 1:13
kind - 6:13, 6:14,
knowing - 14:6
known - 3:4, 9:17,
11:4, 13:17,16:7
knows - 26:13
L
lack - 13:6
large - 25:25, 26:4
last - 3:4, 3:8, 3:19,
8:22, 29:11
law - 9:20,10:19,
10:20, 10:24, 13:11,
13:13, 13:17, 13:23,
14:2, 14:19,15:7,
15:10, 18:17, 19:12,
19:17
Law- 27:5
lawsuit - 2:9, 2:18,
9:19, 16:1, 18:23,
24:2
leading - 2:17
learned - 17:9
least - 19:14, 19:20
leave - 10:3
leaves - 29:2
leaving - 15:8
left - 8:6
letter - 3:2
letters - 29:15
letting - 15:14
level - 23:6
liability - 19:19
line - 5:18, 20:6
local - 13:24
located - 3:9
look - 2:24, 27:21
looked - 25:23
looking - 4:22
M
male - 4:21, 5:3,
5:4, 8:10
man's - 7:2
manager - 28:20
manner - 13:16
marched - 5:5
Mark - 1:16
matching - 4:6
materials - 9:11
matter - 9:7, 10:19,
10:21, 10:22, 15:7,
15:10
Mayor - 11:17,
29:11
means - 10:16,
12:6, 13:14
media - 25:18
mediated - 20:4
mediation - 9:8,
9:13, 9:18, 11:6, 17:8,
20:3, 20:10, 20:12
mediator - 20:12
medical - 19:21
Meeting - 1:22
meeting - 2:8,
17:10, 21:22, 24:14,
25:8, 26:14, 29:17
members - 17:22
mentioned - 11:16,
20:22, 22:9
met - 12:23
Miami - 4:7
Miami-dade - 4:7
Middlebrooks -
16:6
might - 14:17
mind - 7:3
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
minutes - 28:23
missed - 8:4
missing - 5:1
mistake - 5:18,
15:18,19:3, 25:20,
26:3, 27:3, 27:4, 29:3
moment - 8:14
monetary - 17:6
money - 22:1
months - 9:10
morning - 28:12
most - 8:25
mother - 23:20
motion - 11:1,
11:11, 14:18, 16:2,
16:3, 16:10,16:14,
16:15, 16:16, 29:13
motions - 16:7
must - 10:3, 14:13,
15:11, 26:20
mute - 18:1
N
named - 24:6
Nancy - 30:5, 30:12
nature - 6:5, 9:21,
15:1, 18:25
nearby - 7:19
necessary - 5:22,
5:25, 7:3,16:18,
19:10
need - 19:19,19:20,
28:2
negative - 26:8
negligence - 15:20
negotiations - 19:6
neighbors - 5:6,
9:15, 9:23, 9:25,
23:22, 23:25, 24:1
never - 3:23, 16:7,
16:9, 25:23, 26:11,
27:1
next - 16:12
Nine- 5:16
nobody - 4:25, 19:1,
29:2
Nobody's - 25:21
Noel - 1:15, 6:7,
6:11, 6:12, 6:18, 7:9,
7:12, 8:13, 8:14, 9:4,
11:15, 13:1, 14:21,
15:15, 18:11, 21:24,
23:22, 23:25, 25:2,
25:13, 26:9, 28:8
noon - 7:16
normally - 11:21
Norris - 1:14, 22:1,
22:7, 22:8, 22:9,
24:12, 28:2
North - 1:4, 1:7
Notary - 30:13
note - 6:1
noticed - 8:2
notified - 2:19, 3:3
Number- 26:1, 26:3
0
o'clock - 1:9, 29:18
O'melia- 1:15, 24:2,
24:7
obtained - 3:1
obviously - 18:4
occasions - 17:9
occupants - 4:16
occurred - 2:16,
5:17, 8:22
occurrence - 3:23
offer - 21:17
office - 28:15
officer - 13:15
officers - 3:14, 9:24,
10:16, 10:17, 11:11,
11:19, 12:3, 13:4,
13:22, 14:19, 15:12,
16:1, 17:8, 17:10,
17:12, 17:17, 18:3,
18:5, 18:7, 18:18,
18:20, 20:1, 24:6,
24:8, 24:13, 24:15
official - 10:18,
13:16
old - 5:15, 5:16
once - 11:4
Once- 16:15, 23:3
one - 2:20, 4:1,
13:13, 18:5, 19:20,
22:7, 22:10, 23:17,
24:20, 27:25, 29:11
One- 7:5, 7:20,
8:21, 9:25, 10:5,
10:11, 10:24, 11:9,
17:17, 19:7
opportunity - 19:25
outside - 4:10
owe - 17:6
own - 5:10
P
Palm - 1:4, 1:7
paper - 26:16
park - 7:19
part - 25:25, 26:3
participate - 23:1,
23:8
participated - 22:21
participation -
22:23
particular - 2:18,
3:25, 9:20, 18:8,
22:14
particularly - 13:4
parties - 21:7
party - 14:20
past - 3:13, 6:19,
29:9
pending - 2:10,
18:10
people - 10:2
perception - 23:14
period - 9:1, 9:4
person - 14:22
phonetic - 26:10
pick - 8:6, 8:8
place - 8:23, 8:24,
17:16
placed - 5:3
plaintiff - 15:23
Plaintiff - 12:22,
16:18, 17:4, 19:25,
20:4, 23:19
Plaintiff's - 7:21, 9:8
Plaintiffs - 23:16,
26:7
played - 26:4
plead - 12:7
pleasure - 6:9
pled - 15:19
Pm - 1:9, 29:18
point - 19:9, 19:15,
27:22
pointing - 18:6,
18:19
Police - 2:19
police - 3:14
policies - 12:8
12:10
poll - 2:12
Porsaw - 26:10
position - 17:14,
19:4, 22:9, 26:25
positions - 17:11,
24:19
possibility - 18:23
possibly - 27:21
potential - 21:5,
22:13
predicated - 2:24
Predicated - 3:11
prepared - 16:2,
25:11, 28:2
present - 2:8, 27:18
presentation -
11:25
press - 26:17,
26:24, 27:19
prevent - 4:16
prevents - 11:1
prisoners - 2:21
problem - 11:19,
13:2, 14:3, 16:21,
18:2, 18:12, 27:12,
27:14
problems - 7:20,
28:18
procedure - 12:11
procedures - 6:2,
12:9
proceed - 8:15,
16:13
proceedings - 2:2,
30:7
process - 20:12
produced - 9:9
program - 6:23
projection - 19:13
prong - 14:24
proposition - 14:5,
15:13
provided - 24:24
Public - 2:20, 30:13
publicity - 20:20,
26:7
put - 20:25, 23:6,
26:8
Q
qualifications -
23:14
qualified - 10:25,
13:19, 14:14,15:7,
16:15
qualifying - 10:16,
13:14
questions - 6:7,
15:5, 25:1
quite - 28:21
quote - 3:1
R
raid - 7:9, 7:10,
8:12, 13:8
ready - 19:15,
realized - 4:24
reason - 4:8
reasons - 22:11,
23:2
received - 2:25
receiving - 3:6
recommend - 21:12
recommendation -
21:7, 26:18, 27:7
record - 30:7
9:9
recovered - 17:4
refer - 11:3, 11:6,
27:8, 27:11
reference - 10:1,
10:7,14:16
referring - 10:7,
11:21, 11:23, 14:16
reflect - 9:6
refused - 22:22,
22:25
regular - 25:7
rehabilitated - 6:21
release - 2:21, 6:16,
6:23, 24:7, 24:10
released - 6:22,
8:18
relied - 17:19,17:21
remain - 14:19
remedy - 27:4
render - 5:14
Rennebaum- 1:17,
7:14,17:22, 21:14,
21:15, 21:19, 22:24,
23:2, 23:9, 23:11,
23:13, 29:11
replace - 9:1, 9:11
replaced - 9:7, 9:10
report - 30:6
represent - 18:3,
18:17, 18:20
representation -
24:18, 29:8, 29:9
representative -
18:14
represented -
23:17, 23:20
representing - 26:6
requires - 6:23
resided - 3:9, 3:19
residing - 3:8, 5:2,
5:8
resolution - 20:16,
25:11, 29:14
resolve - 19:23,
21:8, 22:18
resolved - 2:9
respond - 26:21,
26:22
response - 22:16
responsible - 10:19
result - 5:12, 26:2
Retention- 21:25
return - 3:17
returned - 8:1
reviewed - 22:12
rights - 10:12,
12:11, 12:19, 15:22,
17:5, 25:21, 25:24,
27:6
risk - 7:4
Robert 1:17
Ron- 1:13
room - 29:2
rooms - 8:25
rounds - 4:12, 4:13
rude - 9:24
run - 28:14
S
Safety - 2:20
sat - 17:25
saw - 24:16
scene - 5:14, 10:3,
10:8,11:3, 11:7,
11:22,14:17, 14:21,
14:22
search - 10:14,
second - 11:15,
12:15, 14:24, 16:16,
18:7
seconds - 28:24
sections - 10:24
seizure - 10:14,
12:13
self - 2:12
Self- 21:25
self-insured - 2:12
sentence - 7:2, 7:4,
28:13, 28:19
September- 1:8,
21:22, 30:9
served - 9:21
services - 5:13
set - 3:20, 4:10,
20:3, 21:22
settlement - 19:6,
20:14, 20:15, 21:1,
25:25
Settlement- 1:23
several - 14:4,
19:11
Shall - 25:4
shape - 25:22
shook - 5:11
shortly - 8:22, 9:18
shotgun - 4:13
show - 9:9
side - 18:8
similar - 7:18
simple - 25:20, 27:3
Sirma - 2:11, 2:13,
22:2
situation - 10:8,
17:15, 22:14
six - 24:6
someone - 8:3
somewhat - 5:11,
8:7
sorry, - 11:17
Special - 1:22
special - 22:16
spending - 14:1
spent - 13:22
spin - 26:8
spotted - 7:18
stand - 14:4
standing - 26:23
standstill - 13:22
start - 6:12, 7:14
started - 7:16
state - 15:19
State- 16:23, 16:25,
30:13
statement - 28:3
status - 2:8
statutory - 16:22,
16:25, 17:3, 20:15,
21:6
stay - 8:25
stenographically -
30:6
step - 16:12
stick - 25:20
still - 5:3
stipulate - 24:21,
26:19
stop - 10:2
Strictly - 23:13
strictly - 27:16
strong - 20:6
strongly - 12:24
substantially - 17:4
successful - 20:13
sufficient - 13:6,
15:5, 23:6
sufficiently - 6:21
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
summarize - 2:17
unit - 3:21, 5:22
summary - 11:2,
units - 23:7
11:12, 13:18, 14:18,
unless - 10:19,
15:11, 16:3, 16:14,
24:25
19:10
up - 2:18, 2:23, 3:4,
supervision - 6:24,
3:20, 4:10, 5:11, 8:6,
12:17
8:8, 9:1, 15:8, 22:20,
support - 22:15
28:13
supported - 17:24
utilization - 3:13,
surprise - 4:14
11:13, 15:2, 17:18,
surrounding - 4:18,
22:16
22:13, 24:16, 25:19
utilize - 3:15
surveillance - 3:20,
utilized - 5:23, 6:4
7:15,7:17,8:4,8:7
V
suspect - 7:5
sustain - 15:24,
value - 20:19, 21:3
20:7, 26:2
sustained - 12:25,
various - 17:12
16:19
verbally - 9:24
Swat- 3:15, 3:21,
verified - 3:7
4:9, 5:21, 5:25, 6:3,
version - 27:18
6:15, 13:5, 13:7,
via - 11:11
17:18, 17:23, 22:21
video - 9:16
sympathy - 19:1
videotape - 9:23
videotapes - 9:17
videotaping - 9:25
T
Village- 1:4,1:7,
2:18, 2:24, 3:4, 3:5,
tail - 7:4
team - 3:16, 3:21,
3:10, 6:6, 12:2, 12:4,
4:9, 5:21, 5:25, 6:3,
12:7, 16:1, 16:17,
6:15, 13:5, 13:7,
16:20, 24:3, 24:5,
17:18, 17:23, 22:16,
24:10, 24:13, 25:23,
22:21, 23:3
26:8, 27:19
tentative - 20:14
village - 28:19
tentatively - 2:9
Villages- 22:17
terribly - 28:25
Vinograd- 1:13
testified - 7:21
violate - 12:11
themselves - 13:24
violated - 25:22
theory - 13:20
violating - 12:12,
thereby - 14:18
13:12, 14:9
therefore - 14:8
violation - 10:14,
Thereupon- 2:1,
15:4, 27:2
29:17
violence - 7:6
third - 17:25
violent - 3:13, 6:19
thorough - 24:23
visibly - 9:24
three - 17:11, 28:13
W
today - 18:9
tomorrow - 28:12
walk - 7:3, 20:9
tonight - 26:12,
26:14, 29:13
walked - 21:16
Tonight- 28:12
weather - 3:22, 4:3
took - 8:23, 9:23
well-known - 16:7
Tort- 16:23, 16:25,
white - 4:21
27:5
wife - 2:24, 3:1, 7:7,
totally - 17:19,
7:23, 8:5
17:21
willful - 10:21
towards - 20:25
win - 15:9
training - 12:18,
witness - 21:2
22:22
witnesses - 19:11
transcript - 30:7
wrongful - 10:21
traveling - 12:20
Y
trial - 19:15
true - 30:7
years - 5:16
try - 26:7
turns - 15:17
young - 5:8, 5:14
two - 12:1, 15:18,
17:9,19:12, 19:17,
19:19, 19:21, 28:13,
28:19
type - 4:12, 5:22
U
unconstitutional -
13:12
under - 13:11,
13:12, 15:5, 27:5
undertake - 19:5
Unfortunately - 3:22
unidentified - 8:10
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338