FDLE Floriag Department of Law Enforcement Incorporated by Reference in Rule 118-27.003(2¥ 2! INTERNAL INVESTIGATION REPORT BA. 10 1" 2 nase ype or prt in back nk or blue and use capil and smal eters OFFICER es, ane adress ee AGENCY ‘Aooncy OR: _ 05 4 Agency Name: _Pinoliae County Sherif’s Office _ ‘Agenoy Contact Perton: Teresa R. Dioquino, 8 Agency Telephone Number: (727) 582-6301 Sapien sgoncy Fax Number: (727) $82-6370 VIOLATION = ALLEGATION Nature of Alagation(s) ‘aaney Diapason Sutin ~(Voloon of Secon 963.194) 0¢(7, FS oF Rule 118-27.0011, AC. [1] Sinbad - (Votan of Agency Foor) DX) Not sustained [] Unfounded (TJ Exorerated C1 Ccrimins! Charges Fleet No Agency Dieciptinary Action: _One Day (8 hours) Suspension ‘te atogaton has neen sustained and deleined to be & wlan of Socton 943.136) oF forward fe foley documentation 1 be Flora Deporte of Law Enfrcemer Creat ovestgaton Resort ‘Summary of Facts Wines Sutemewmiapostton ——-["]_Carted Court Documents o Nam end Adcross oF wines fp). F.S. ot Ruie 118-97.0011, FAG. atach and Qo Bo abeqaul ONCE: Pursue to Secon 9412658) FS. an ampeing ancy must cond an lana infaintion wean haveg cause sup alan ‘a 7 AC. It the investigation Is sustained, the ‘fica employs not ln compance wih Secon 043 132) of (7). FS. ‘cmploying ageney must forward a repor to the Commission as specified or Rue MB27 001", by Rute 14B-27.003, Naas 1 SRY sonia ate Fe Baro “Teresa R, Dioguino, Caplain gua _ ATi eis hae ond HS Toneaa COE Fhecive 1Art68 SL ‘Gngiat FOEREPORT OF INVESTIGATION CASE © DATE: SEaSSTPICATION xrscompuct az-08-024 04/10/08 aaerECT DETECTIVE PAUL MARTIN, #52948 mivEstiqarors: sor. ‘ARNGEEDIER SGT. LUBEN Tos of foe Case Closed tS é-n-s8 euseb eller weTABLE OF CONTERTS AI-08-022 Section A- Notification Documents Subject Notification Menor: action B- ARB Documentati: Disciplinary gummary Member notice of scheduled ARB Board notification Confidentiality Form ARB gubject Garrity Warning ARE Checklist Progressive Discipline Worksheet Charge Sheet Notification of Sustained Complaint Final Case Disposition Section C - Notes to File Bote to File - 04/14/08 Note to File - 04/15/08 Mote to File - 04/16/08 Note to File ~ 05/02/08 Mote to File - 05/09/08 Section D - Formal Interviews 1. Sergeant Tom Klein 2. Jason Berd, Asst state at! 3. Dax Someilian, Pawn Shop 4. Sergeant Michael Holbrook 5. Lieutenant Paul Halle 6. SUBS INT: Detective Paul Section - Addenda 1, Cellular Phone records (7: orney er jartin 17580-2457) 2. SOMET photo's (Martin, Klein) 3. Payroll records 4. ACISS supplements, 8008-37762, 06-170773 5. AR-06-280 6. SOP - IOB 1, Report WritinyPINELLAS COUNTY SHERIFF'S OFFICE INTER-OFFICE MEMORANDUM INSPECTIONS BUREAU ATE: APRIL 10, 2008 To: DETECTIVE PAUL MARTIN, #529 FRON: CAPTAIN TERESA 2. DIOQUIKO gt Inspections Bureau SUBJECT: ADMINISTRATIVE INVESTIGATION you are the gubject of an administrative investigation. The A formal complaint of misconduct has been oie against you, and complainant's name and the nature of the below. in General Ordera which deals with Administri leint are listed ive Investigations You should familiarize yourself with situs 10-1 through 10-4 t: and Chapter 3 which are Rules and Regulations| Administrative investigations are confidex ordered not to discuss this investigation wit your chosen representative without the expr Commander of the Administrative Investigat will be contacted later to set your int} representative can attend. You wil) be noti: case disposition upon conclusion of the inves! CASE #: AT-08-021 tial and you are anyone other than ged consent of the as Diviaion. You view, which your ed promptly of the gation. INVESTIGATORS ASSIGNED: SERGEANT MICHAEL APMSEEIMER SERGEANT GLENN LUBER| COMPLAINANT: SERGEANT THOMAS KLEIR COMPLAINT: Zt is alleged that and April 2°, 2008, you violated General 0: Regulation 3.5, Conduct Toward superior and and Associates, and Rule and Regulation 3.4] Duty, specifically, being efficient aad assigned duties. y , Ly MEMBERS SIGNATURE: ‘TRD: MAA: kml between March 31° x 3-13, Rule and jubordinake officers ka), Performance of ffective in youre ADMINISTRATIVE INQUIRY FORM DATE OF INQUIRY: April 7, 2008 DATE OF|INCIDENT: March 31 - April2, 2008, COMPLAINANT: S3t Thomas Klein PHONE: | HOME # ‘ADDRESS: PCSO WORK # 582-6307 ‘COMPLAINT TAKEN BY: Sgt T. Klein 51019 Pra MEMBER(S) INVOLVED: TITLE, NAME & PAYROLL #| COGREVIEW: TITLE, NAME & PAYROLL # Detective Paul Martin 52948. Sy c SHO S SAY UT A720 ALLEGATION(S) Viloation of Pinellas County Sheriff's Office General or 3,5; Conduct Toward Superior and ‘Subordinate Otficers and Associaates. Specifically, Detective Martin's carplidness is questionable and he is not conducting follow up in the field as he is relating to his supervisor. eapecnmemense ADMINISTRATIVE INVESTIGATIONS DIVISION REVIEW DATE:_¥g0 © LEE, ty EL INVESTIGATION TO BE CONDUCTED AT COMMAND LEVEL RECOMMENDATION: CIINVESTIGATION TO BE CONDUCTED BY ALD. Mey, 8 @ weesncaton assionen: Gt GA Aersherme- -08- $52 Copies: Direct to AID. , A.D. via C.0.C. rob A\-03-02.\ Al abort aPINELLAS COUNTY SHERIFF'S OFHICE INTER-OFFICE MEMO DATE: April 7, 2008 wth a Berane : 44 wo Ea Major Stephen W. Allen via C. Sgt. Thomas Klein 51019 [EK 1047 Wortges 4 SUBJECT: Detective Paul Martin 52948 Administrative Inquiry Shortly after the Robbery Unit was absorbed into the Homicide Unit on March 16, 2008, 1 began noticing Detective Paul Martin was rarely in the office during the afternoon hours. He would occasionally call me to tell me he was doing follow up on an active case, As of April 4, 2008, Detective Martin has generated 13 supplemental reports in the ACISS system. Of those 13 reports, 7 are short reports with the narrative of the report documented in the synopsis field. Of the remaining 6 suppl reports, 2 do not contain a narrative and are not approved. The remaining 4 slements contain details documented in the narrative section of the report. ‘After noticing that Detective Martin was utiizing several hours to conduct follow up with minimal supplemental reports being gencratdd, | started to become suspicious as to how Detective Martin was spending his time jin the field, specifically during the afternoon hours. On Friday, March 28, 2008 to drive past his residence in (MII © At 1345 hours I observed Martin's department vehicle parked in his driveway. On this same day at 1405 hours I received a phone call from Detective Martin, who told me be was in the city of Safety| Harbor doing follow up ona robbery that occurred at the Walgreens Drug Store (PCSO [ase S008-37763). He explained he was looking for a vehicle that matched the description of a suspect vehicle observed in a recent robbery of a Walgreens Drug Store that in the city of Largo and he believed the two robberies were related. I drove past Detgctive Martin's residence ‘egain at 1407 hours and his department vehicle was not in his dri xy. ‘At 1400 hours on Monday, March 31, 2008 I received a call from Detective Martin. He told me he was out doing follow up on ¢ robt case that occurred at a ‘motel from the past weekend and he was also doing follow up otf another robbery case. 1 drove past his residence at 1500 hours and at 1515 hours and both times, Detective Martin's department vehicle was parked in his driveway.‘was in Oldsmar. At 1400 hours, I drove past Detective Martin's home and discovered his department vehicle parked in his driveway. ‘On Wednesday, April 2, 2008 I received a phone call from hours, He explained to me he was going to be at the State Attor ASA Jason Bard. The meeting was in reference to a recent ho arrest was made but the State Attomey’s Office did not file charges against the suspect within 21 days. (PCSO Case $008-29334) The defense in the case wanted to have preliminary hearing on Monday, April 7, 2008, Detective Martin was scheduled to be on vacation on Monday, April 7 60 the meeting was necessary to reschedule the hearing. told me he was finished hearing had been reset told me he needed to invasion case where an ‘Ac 1504 hours I received another call from Detective Martin. ‘with his meeting at the State Attomey’s Office, The preliminat to April 14, 2008, Also during this phone call, Detective stop by the Fifth Third Bank at 2508 State Road 580 in Clearwater. He stated he was stopping by to assist bank personne! with a problem a was having. I told Detective Martin that bank was located in the city of Clearwater and any problems would be investigated by the Clearwater Police Department, Detective| Martin indicated the stop at the bank would be good “public relations” for the Sheriff's O I next contacted the State Attomey's Office and Jeamed that Detective Martin made a phone call to the State Attorney's Office and left a message fir ASA Jason Bard. The ‘message Was left at 1312 hours on April 2nd. At 1320 hours, A$A Bard retumed a phone call to Detective Martin at which time he rescheduled the preliminary hearing on the robbery case until April 14, 2008, I confirmed this information| with ASA Bard on April 4, 2008. This time frame shows the phone call conversation|between ASA Bard and Detective Martin occurred one hour, eleven minutes prior to) the phone conversation between me and Detective Martin when he told me he was going to meet with ASA Bard. On April 4, 2008 1 went to the Fifth Third Bank at 2508 State Road $80 and spoke with the bank manager, Alex Kerr, I leamed from Kerr that Detective Martin stopped at the bank sometime between 1400 and 1430 hours on Wednesday, April 2. Detective Martin was at the bank to cash a check. While at the bank, Alex about a bank customer who may be the victim of a fraud. 1 sp called Detective Martin and asked him to come to the bank toi he stated he did not. The statement by Alex Kerr shows that he and Detective Martin talked with Alex Kerr about the bank customer with the prgblem approximately 30 minutes before he called me to tell me he was going to stop by the bank to provide good “public relations” for the Sheriff's Office. In addition the statemer by Kerr shows that ‘no one from the Fifth Third Bank called Detective Martin and -d him to stop by the bank. In addition on Wednesday, April 2, 2008 Detective Martin lefilthe SAB at 1030 hours. Upon leaving he told me he was going to Tampa to the Mister Money Pawn Shop on Hillsborough Avenue. He needed to go to this pawn shop to enshre a hokd was placed on ‘an expensive watch that was taken in a robbery that occurred here in Pinellas County.(PCSO Case 06-170773) At 1400 hours on April 4, 2008 I Pawn Shop located at 3315 Hillsborough Avenue in Tampa. Dax Somellan. [asked Somellan if be had any contact with an ‘County st any time this week. He stated he spoke with Detective Paul Martin, on the phone about an issue with his business. In addition, he stated the owner of the watch purchase thdMMiom the pawn shop. 1 specifically asked ‘Martin came to his shop on Wecinesday, April 2. Somelian a.m. until 9:00 p.m. and Detective Martin never came to his has never seen Detective Martin. This information clearly shows that Detective Paul Martin County Sheriff's Office General Order 3.5; Conduct Toward Officers and Associates. Specifically, Detective Martin’s question. In these three documented incidents, (the meeting Office that did not occur; the drive to Tampa to meet with the not occur; the misleading stop at the Fifth Third Bank for th good “public relations”) Detective Martin has been misleading. ‘and what he is doing when he is away from the office, These it documented incidents where I observed his department vehicle his residence at various times during his scheduled shift supplemental reports, indicates Detective Martin is not investigation in the field as he hes been relating to me. to the Mister Money ‘that location, I spoke to detectives from Pinellas detective, identified as ‘was being beld at |candidness comes into Jat that State Attorney's ‘shop owner that did purpose of maintaining as to where he is going idents, coupled with the in his driveway at the limited number of conducting follow upPCSO Member Contact Page | of L Pinellas County Sheriff's Office Employee Emergency Contact Information ony Con ee nares: ncn Sao Re we ae, oe tone Ca fonae Ce ot oesor en Home # ee @ Pager #: - names: en sono RRS —~ = hae eee see more cen mee . ‘http://sonet/MemberContact/EmergContact. aaspx?id=O2hSTIwy3Lo= 5/13/2008,Pinellas Count Sheriff's ofice e Investigations By Employee with aaa ae Aten cosot_tcidtOaa_ Raper Alain Weten ewe Nambar_ Dae Taten (MARTIN, PAULA 10= 52040 Rank= SevRace*Maie‘Courssion Yrs Servieg 320) wo a nena snettagnen ttc a con camng 2S he sacvsn ewe gammy mamas StSntdnat St crzonr nes vom me te Eh as LS (Ci Paraon Type = ernpioyor"TAND (Emoloyee Namie = ‘MARTIN, PAUL ATT 1 Tea 4 or 1, 2008PINELLAS COUNTY SHERIFF'S OFFICE INSPECTIONS BUREAU INTER-OFPICE MEMO DATE: —-MAY 14, 2008 ‘TO: DETECTIVE PAUL MARTIN, #52948 FROM: CAPTAIN TERESA R. sroqeame THe yad Inepections Bureau SUBJECT: ADMINISTRATIVE INVESTIGATION AI-08 DETECTIVE PAUL MARTIN, #52948 The Administrative Review Board will conve: 05, 2008, at 1100 hours, at the Pinell 22 on Thursday, June County Jail, Healthcare Division Conference Room. This facility is Jocated at 14400 49°" Street North, Clearwater, FL. The proper and required dri dn accordance with General Order 5-1.8, Sect comply with this General order could re} discipline code for this review board is to be ction 9. Pablure £2 ult in additional TRD:MAA: Distribution: Detective Paul Martin ZPINELLAS CouWrY SHERIF?’ OFFICE INSPECTIONS BUREAU INTER-OFFICE MEMO DATE: MAY 14, 2008 To: ADMINISTRATIVE REVIEW BOARD MEMBER a FROM: CAPTAIN TERESA R. DIOQUINO(") id UG Thepections Bureau tes st s SUBJECT: ADMINISTRATIVE INVESTIGATION AT-08-| DETECTIVE PAUL MARTIN, #52948 The Administrative Review Board will conven 05, 2008, at 1100 hours, at the Pinellas Cot Division Conference Room. This is located North, Clearwater, FL. In order to preserve case integrity, at any the case file for review and prior to the ARB, board members are directed to contact! agents for clarification of any relevant iss to whether additional investigation may be ne The proper and requized dr dn accordance with General Order 5-1.8, Sects TRD: MAA: km] Distribution: Chief Deputy Robert Gualtieri Major Stephen Allen Captain Martin Hazt bieutenant Michael Ring 2a. os Thursday, June ty Jail, Healthcare E 14400 49° Street ime after receiving jommencement of the the assigned case 2 or to confer as ary. code for this me board is to be W ni taAT-08-021, CONFIDENTIALITY FORM T understand, pursuant to FSS 112.533 (subsection 4), that I am not to disclose any information about this investigation to anyone not directly involved with Administrative Review Board. Chief Deputy Robert Gualtieri TOM Major Stephen Allen [AN , AK Captain Martin Hart fon Capt lane Lieutenant Michael Ring DAT Wf teh Xe ey Form #1088 (2/08)Al-08-021 ARB - GARRITY WARNING Jaws of the State of Florida, 1. You are entitled to all the rights and privileges guaranteod by Constitution, including the the Constitution of the State of Florida, and the United Sta right not to be compelled to incriminate yourself. 2. You have the right to be represented by counsel or any other fepresentative of your choice, who may be present with you at all times during this invgstigation. Counsel or other representation may interpose objections to questions of the intefrogator and may consult with the officer only to the extent necessary to make a particular objection. Attorneys or representatives should not interrupt the interrogation by raising objections to questions or by making statements for the record unless the objection is based frpon a procedure that violates the rights of the officer under interrogation. Any interrogation who interferes with or impedes the pypgress of ion or investigation will be asked to leave. : “*(f applicable) Also present with you is 3. a, At this time, you are present as the subject of an internal] investigation by the Pinellas County Sheriff's Office. This investigation is of an saninseive nature only. You will be asked questions specifically directed and narrowly related to the performance of your duties and alleged conduct unbecoming a member of the Pinellas Gounty Sheriff's Office. One investigator will ask the questions, unless you waive thit right, allowing only one investigator to question you at any one time. i ** Do you waive the right for only one investigator to questipn you? __ b. This is an official department investigation. It is my dutY to inform you that you are required to answer questions directed to you daring this intervi¢w truthfully and to the best of your knowledge. . | further wish to advise you that if you refuse to answer questions specifically directed and narrowly related to the performance of your official duties, you will be subject to department charges, which could result in your dismissal from the Pinellas County Sheriff's Office. If you do answer, neither your statements nor any information of evidence, which is gained by reason of such statements, can be used against you in any susequent criminal proceedings relating to the incident under investigation. However, these sthtements may be used against yyou in relation to subsequent departmental charges. Further| should you engage in lying, “untruthfulness, misstatement, or should you omit fo respond tolany questions asked you fully and truthfully, you can be prosecuted for perjury, false statemerts, or obstruction of justice. ‘You will be allowed breaks for personal necessity as are reaso} ‘Do you understand what has been stated above? Formi#1060 (7/03)SIA RENE rn) 10. « Bring Subject & Representative back & advise disposit} ADMINISTRATIVE REVIEW BOARD CHECKLIST Convene Board. Identify case to be reviewed. Introduce Board Members, Read Garrity — Allow member to sign. Allow Subject to make a statement. ‘Questions by the Board. Request Subject & Representative to leave. Discuss & decide case disposition. If case is SUBSTANTIATED OR PARTIALLY SU Identify specific Rule & Regulation(s) violated. Decide discipline. Bring Subject & Representative back & advise of findi Allow Subject to make a statement about discipline. Dismiss Subject & Representative. Board Members discuss any mitigating information. Poll Board for concurrence with final recommendation, Collect case files & dismiss Board. If case is UNS SSTANTIATED, UNFO! ED, Collect case files & dismiss board. STAI XONEI AT-08-021 ATED: LIST OF BOARD MEMBERS, Chief Deputy Robert "eee Ya Major Stephen Allen Captain Martin Hart Lieutenant Michael Ring fhe PROGRESSIVE DIS@MRLINE WORKSHEET e Detective Poul Warin, | 60.313, RRS AR16-20, BRI. ro Conduct Teneré Fallrg to document is Supeter ana Investigative acti, Subordinate Offcere and Walon Counesing Aawocit( so va go.s13.nnaue) Performance of Duty speccly, ictnt and Effective In your assigned dutes Gxemien > CommentalCaleuaons:PINELLAS COUNTY SHERIFF'S OFFICE INTER-OFFICE MEMORANDUM pare: 06/13 TO: DETECTIVE PAUL MARTIN, #52948 FROM: SHERIFF JZM COATS SUBJECT: CHARGES RE: Ar-08-021 An investigation has been conducted by fhe Investigations Division, Inspections Bureau, County Sheriff's Office. as a result of this Administrative Review Board has determined following violation. Between Maxch 31° and April 2”, 2008, and) Pinelii Sheriff's Civil Service Act Laws of Florida, County, Florida; you violated the Administrative of the Pinellas investigation, the you committed the while on duty in Pinellas County 99-404 as amended by Laws of Florida 90-395, Section 6, Subsection 4, by violating the provisions of law or the rulea, regulations and operating procedures of the Office of the Sheriff. 4. You violated Pinellas County sheriff’s Office General order, 3-1.3, Rule and Regulation| Conduct Toward Superior and Subort Associates - members shail ¢ subordinate: and associates candidness, They shall be courteou times in their relationship with one! Synopsis; You were found to have ben 11 witb your supervisor concerning activities. 2. You violated Pinellas County Sherif order, 3-1.3, Rule and Regulation Performance of Duty - all members 3.5, xelating to mate Officers and ‘© supervisors, th respect and and civil at all another. than candid your daily work €’3 Office General .4(d), relating to will be efficient and effective in their assigned Huties, performing them in a competent, proficient, and capable manner.Synopsis: You were found to ineffective in your assigned dutie} you documented Disciplinary Points and Recommended Discipling Range inefficient and |, specifically; in ur investigative Detective Martin was found to be in violatiqa of one (2) Level turee (3) Violations, xesulting in a cumulative point total of 25. thie cumulative point total, combined with 5 modified points from AR-07-248 resulted in a total discipline points. At this point level, @iscipline range is from a one (1) day suspension. Disciplinary action shall be consistent discipline, for cause in accordance with the Pinellas County Civil Service Act. My JOR GEORGE INVESTIGATIVE OPERATIONS BUREAU FOR JIM COATS, SHERIFF of 30 progressive the recommended to ten (10) days with progressive provisions of the X have recdived a copy pate nF gc: TRD mem IMs 08-0344e PINELLAS COUNTY SHERIFF'S OFFICE INTER-OFPICE MEMORANDUK pare: O6/iifat TO: DETECTIVE PAUL MARTIN, #52948 FROM: SHERIFF JIM COATS A complaint filed against you involving an jnosdents occurring petween March 31, 2008 and April 2, 2008, [concerning General Order 3-1.3, Rules and Regulations 3.5, Conduct Toward Superior and Subordinate Officers and Associates, saa 3-458). Performance of Duty was handled in Administrative Investipation case number: i-08-021 and bas been thoroughly reviewed by| Sheriff Coats. It has been determined the complaint is gustained and the disciplinary action will be: 1. one (1) day or (8 hour) suspension to be served on: tell ob e Due to the nature of the above listed disciplinary action, you may appeal to the Chief Deputy as described if General Order 107 3. the written appeal must be filed within (#) calendar days of jmposition of the discipline. Failure to |file said written notice within the five (5) dey period prescribed shati constitute a voluntary waiver of all rights to an appeal undex Sheriff's Office policy. Lo . ® PLOYEE: B GuXTURE , pxve/t IME MAIOR GEO] TEFYEN INVESTIGATIVE OPERATIONS BUREAU @ ron suenzer om coats xs 08-0343 eeePINELLAS COUNTY SHERIFF‘S OFF: IMTER-OFFICE MEMORANDUM ICE DATE: JUNE 16, 2008 To: DISTRIBUTION FROM: CAPTAIN TERESA R. DIOQUINOigss JtY9s Inspections Bureau SUBJECT: AI-08-021 - SHERIFF’S FINDING Per sheriff Coate, Detective Paul Martin, #52948, will receive the following as a result of ar-08-o21: 1) One (1) day or eight (8) hours suspension to be served en: June 17, 2008. gc: TRD: kml DISTRIBUTION: Josephine Mattson, Office of the pherift Chief Deputy Robert Gualtieri Major Stephen Allen Majoz Alexis Davis Major Daniel Simovich Majoz George Steffen Director Susan Dann Director Beverly Pruitt Director Julie Upman Lieutenant Terry Sterling Jennifer Moore, Deputy General Copnsel Marianne Pasha, Public Informatioh Coordinator Kathleen Corr, Grants Administrat: Purchasing-Uniform supply Human Resource: Payroll Detective Paul Martin =NOTE TO FILE / SGT M. ARMSHEINER AI-0! on April 10, 2008, Detective Paul martin, &: notice of this formal investigation. > provided a copy of the subject notificatio: then signed the original form, acknowl: understanding of its content. Detective Martin was asked if he was a m |-022. 4/14/08 2948, was placed on eective Martin was form to read. He aging receipt and je of the either the PBA ox FOP and he said, “FOP”. Be was asked if he planned to utilize the FOP for representation, to whic! was and would contact them within the next f I reminded Detective Martin that he is not t other then his chosen representative about He acknowledged my direction and exited the Al oO Whos? flocs “gos wil 4 he advised that he days. this investigation. speak with anyone, I office.@ OE 20 rer / sor aM, anweer nem AT~0§-021 04/15/08 on the date of this note to file, t made contact with Dax Someilien, who is a manager of the Kistér Money Pawn Shop located at 3315 E, Hillsborough Ave, Tampa, FL. Someillan is the person who Sergeant Klein advised be syoke with, reference Detective Martin’s interaction with him on |apri2 2”, 2008. 1 told Someillan the reason for ny call and [f be could confirm what Sergeant Klein had written in his memorandum to Major Stephen Allen, dated April 7, 2008. Someillan confirmed that Sergeant Klein arrived at his on or about April 4", He said sezge Klein we questions about Detective Martin and the pawn shop had received some time ago. Someillan confi that Detective Martin never responded to the pawn shop on April 2™, 2008 T asked goneiiian if he would consent to spfaking to me op the record (tape recorded, and to be transcribed at a later date), and be advised that he would consent and |would make himself available at anytime. At this point, I maile arrangements for myself and Sergeant George Brotchi to travel |to Tampa and record Someiiian’s formal statement. Tt should be noted that during our interview with Someillan, we showed him SONET photographs of both sbrgeant Klein and Detective Martin. Someillan could not [identity Detective Martin, but he easily identified Sergeant Klein as the person wbo came into the pawn shop and spoke to him about Detective Martin. See section Dl in thie case file for Someillay’s statement. This investigation continu oo Zant UP et Peeriye® #NOTR 70 PILE / SGT M. ARMSHETMER AI-08+022 04/16/2008 DISCIPLINARY SUMMARY: Pursuant to General Order 10-1, a record search of the Administrative Investigations Division fil ascertain a disciplinary point scale and/or pther type inquiri. was conducted to on Detective Paul Martin, #52948. The findings of which revealed the following: Administrative Referral AR-06-280, +R 3.4(d), Performance of uty, specifically, Anefficient and ineffective performance. Then, Corporal Martin received a written coupseting on Septenber 6, 2006 for failing to document his invol investigations from March 2005. AR-07-248, R+R 3.1, Standard of Conduct. Then, Corporal Martin received a written req: ¢ dn two robbery imand on September 12, 2007 for threatening a man for allegedjy having an affair with Martin‘s wife. Administrative Investigations: Rone Garry over points: 5 on ple! Wreguee geetNOTE TO FILE / SGT 4. ARMSBEIMER AI-p8-021 5/2/08 on May i, 2008, Sergeant Glenn Luben and I|went to the 5/3" Bank located at 2508 state Road 580, Clea: Bank Manager Alex Kerr. When we firet arrive Kerr he apologized for uot returning indicated that he has been extremely busy xeagon for our visit and explained that we formal statement from him. Kerr almost is saying that he is uncomfortable with ha recorded. He qualified that statement by sa: @ customer of his, meaning the bank, and cause any problem with that relationship. Being cognizant of Kerr’s relationship concer! ne would at least verify the information con Klein's memorandum dated April 7, 2008, K (verbatim) the portion of the memo pertaining eked if it wag an accurate depiction of Sergeant Klein, Kerr advised that as he reci wae accurate. I asked Kerr how he made con! Martin, he said Martin was in line waiting teller. He said he approached Martin with a another bank customer, Kerr said they spoke and then Martin left the building. Kerr si gignificant amount of time but he knew Marti Gould possibly point him in the right direct customer. Kerr provided no further information regardi: either Detective Martin or Sergeant Klein. how we could obtein a copy of the bank sui april 2, 2008. Kerr advised that he had ‘area, he then provided us with the name, can assist us. At this point we had no fur! Alex Kerr snd we ended our contact with him. vpon return to the AID office, I attempted’ Klein but found that she was away, her voici will retura on Tuesday, May 6“. T will att at that time, WAA:nem uk pA” Me i0p id and ter to speak with ¢ down with phone calis, he I outlined the ld like to take a ediately responded ing his statement ing Paul Martin is doesn’t want to we asked him if tained in Sergeant x agreed. I read to Kerr to him and his meeting with 1g the meeting it ct with Detective be assisted by a question segarding for a few minute id it was not a hie contact with He was next asked dilance tapes for control in that Susan Klein and telephone number, (813) 289-7004 of the Peau Investigator who her questions for to contact Susan mail advised she t to contact herMOTE TO FILE / SGT M. ARMSHETMER aL On May 7, 2008, I comtected Susan Klein, Fri s‘*/3" Bank. 1 explained to Susan who I wa my call. 1 asked if she could provi survedilance e for the lobby area of branch. Suean advised that it normally takes a a of information from the bank, but she said her immediate supervisor to make sure nh accurate. We ended the call with her sayii back. A short time later, Busan called, she said im what she told me. T told her that this i criminal in nature and that the Adwinistr: Division does not have subpoena powers. Wii again asked if there was anything she could superiors to change their minds and provide of the requested tape. Susan advised the hands. I then thanked Susan for her time and This investigation will continue with the Detective Paul Martin, which is scheduled f 1300 hours. Migs luloe 8-021, 5/9/08 ud Investigator for and the reason for le a copy of the he State Road 580 to get that type @ would check with x information was she would call me t she was correct vestigation was not tive Investigations that being said T do to persuade her (ar) with « copy Twas cut of her Jended the call. jormal interview of x May 13, 2008 at10 aa 1a 13 1 16 1? 18 19 20 IN RE: CASE NO. Al-08 oa DETECTIVE PAUL MARTIN PLACE: Pinellas Co| Sheriff’s Office 10750 Ulmerton Road Largo, FL 34778 DATE: April 29, 2408 TIME: 8:52 a.m. - 8:12 a.m. REPORTED BY: Tamara M. Pakheco, RPR Notary Publil SWORN STATEMENT OF THOMAS Kb MORGAN J. MOREY & ASSOCIA: P.O. BOX 143 ST. PETERSBURG, FL 3373. (727) 894-7407 ES State of FL10 uw 12 13 14 16 a7 19 20 21 22 23 24 25 APPEARANCES: SERGEANT MICHAEL ARMSHEIMER SERGEANT GLEN LUBEN Pinellas Co. Sheriff's Office 10750 Ulmerton Road Largo, FL 33778 INDEX THOMAS KLBIN Examination by Sergeant Armsheimer. Examination by Sergeant Luben...... Examination by Sergeant Armsheimer...2 43 34 16 7 18 39 20 a 22 23 24 25 (Commencing at 8:52 a.m.) SERGEANT ARMSHEINER: Tne dake is April 29, 2008. The time is 0852 hours. This i Armsheimer of the Pinellas County Sher}. sth we L Inspections Bureau. Present iuben, algo of the Inspections Bureau. AID interview room, and also present w reporter. Sergeant Michael ££’3 Office Sergeant Glen le are at the th us is a court At this time, would you pleage state your name, rank of position for the record purpose of voice identification. SERGEANT KLEIN: ‘Thomas kled sergeant, homicide unit SERGEANT ARMSHEIMER: This ig Department investigation. It is my dut} that you're required to answer questiol during this interview truthfully and to] knowledge. J further wish to advise thy to testify or answer questions relating investigation you will be subject to De} which could result in your dismissal fr| county Sheriff's Office. Also, should lying, untruthfulness, misstatement or to respond to any questions asked to yo truthfully, you could be prosecuted for pd for the an official te inform you Is directed to you the best of your pt if you refuse to this axtment charges m the Pinellas ou engage in frowia you omit fully and perjury, false10 1 12 43 aa 16 18 19 20 22 23 statement or obetruction of justice. The court reporter will be p oath, After you've been placed under acing you under ath, we will be taking sworn testimony from you about this case. Having that in ming, will the court: reporter witness under oath THOMAS KLELN (was duly sworn and testified af SERGEANT ARMSHEINER: This in relation to administrative investigation: AI-08-021. The subject is Detective P: BY SERGEANT ARMSHEIMER: Q. dood morning, Sarge. a Good morning. Q. on Apri, Major Steven Allen of Investigative Opq reference the conduct of Detective Paull explain to us why you wrote that memo? lease place the follow: terview is in division case ul Marcin 7th, 2008, you authdred a memo to rations Bureau Martin. Can you A. Well, the homicide unit merge with the robbery unit on March 16th of this yeay after, I took on the responsibilities unit, which included three detectives |, and shortly f the robbery I noticed that Detective Martin was always -- appeared) to be leaving in the morning nours, leaving in the early afternoon hours, and I'd never see him again the rest of| the day10 ab 32 13 14 16 7 18 19 20 2a 22 23 24 25 | Occasionally he would call mt and say that he was out working, but I really didn’t have any idea where he was. Then I started noticing that police supplement reports to document on the days that he was gone. So T jug here weren’t any hat he was doing tb became a little bit curious about whaz he might be doigg in the afternoon hours So actually, I start -- I dre house on March 28th of this year. It # fe up by bis as about -- it was at 1345 hours and I saw hia car payked in his driveway. Now, that by itself is not qxtremely alarming pecause he could have been taking his lunch break. He could have stopped at home for a variet he's out working on a case, possibly h stopped at home. So that one incident | you know, I still was kind of quest. of reasons. If could have T was a little ning about it, but just one incident really didn’t amount to anything. So I then went by house af ain on the 31st. I remember that day because we had a SWAT call-out out on Dune went up to the scene, We couldn't get was parked with him at Curlew and A19 decided to go by Paul's house again. 7} 3 o’clock in the afternoon, and his car| So now I’m getting a little more suspic} Causeway, and myself and Detpctive Johnson ery close, bat T So T drove -- I is time it was was there again. ous. That's two10 un 12 43 1 16 1? 18 19 20 21 22 Ps days in a row, two work days in a row, Monday. So then on Tuesday, April is house again. This time it was 2 o'clog! Friday and , T went by hie k in the afterncon, and his car was parked in the driveway. Now, all these incidents, he would call me 4nd tell me he's out working at various places. So T was @ Tittle -- now I'm starting to get a little -- I'm ge ted ting disapp. now because here he i telling me he's |out working and I’m driving by his house and his car i driveway So we get to Wednesday, Apri was a case stolen watch that was taken in a robe DMM nad been pavned at a pawn shop oy he had gotten -- there was some kind off miscommunication between Tampa PD, the office in Tampa and our state attorne: had recently gotten a warrant for the a} parked in his 2nd, and there ¢ he was working from 20d6 that involved a case and that ex in Tampa. So jstate attorney’s office. So he rest of one the suspects in that case. Well, this MMMM that was in question was still over at this pawn shh joking for this KIM because the robbery case and it was nowhere to started this was all related to the probleme th} Tampa PD, the pawn shop, Hillsborough | p. So he it’e evidence in be found. And ¢ was between unty State10 a 12 3 1a as 16 7 18 22 23 24 25 Attorney’s Office and our state attornt "06. He got that straigntened out showed up. And on this particular Wed we talked in the office about bim going that particular Wednesday. He Aad to talked about where the pawn shop was, to go over there because they had to m actually wae going co seize the SRI was -- well, he wag talking about seiz he was talking abous having the victin y's office from 1he A esday, he was -- to the pawn ehop jo over there. we ind he was going ke sure -- he Jand also, he lig it, bur then lbuy it back, which you can do, The victim can actually buy their property back if it’s stolen. So that going cn. So when he was talking about] fonvergation was the pawa shop, 1 knew which pawn shop he was talking abokt as far as where he was going to be going in Tampal. 10:3 go he left the office and said he was going to the pawn shop. still curious about what he’s actually the three prior days finding his car in| So T drove up by his house that day and| there. That was in the afternoon hours About 2:30 in the afternoon I in the morning Of course I'm Hoing based on hie driveway his car was not get a call from him, and he says that he has a case thaf he'd made an arrest and the state attorney's office heeded to do a10 12 43 aa 45 16 W? 18 19 20 21 22 23 24 25 preliminary hearing because they had npt filed the charges against this individu; within|22 days. He was going on vacation the following Thursddy after that Wednesday. He was leaving town with his wife, and the preliminary hearing was set. fer that cgming Monday. So he told me -- this was the phone call 4bout 2:30 -- that he needed to meet at the state attorne: "s office, gave me the name of the state attorney and that he was going to meet with him about this preliminar hearing and get it reset. But he said he needed to meqt with the attorney about the case, and that’s why there. So he was on his way out there, So I get ancther call from hij after 3, and he said he was finished at] atvorney’s office. The preli reset from the 7th until the following ny said that he had to stop by the he had to go out , it was shortly the state nary hearing had been jonday. Then he bird Bank in countryside, Being new to robbery, I’m asking him questions about the bank, stopping by t he bank. He said that -- he’s telling me that the bank mknager had called him and there was a problem with one of his customers being basically ripped off by a caretaker. Well, that’s an economic crime case. So I talked wi that, and I said why are we going to tht Bank? And I know where the Fifth Third fh him about f Fifth Third Bank is atwa 12 13 aa 4s 16 a7 18 19 20 21 22 24 25 Countryside because that’s my bank, I|know it’s in the City of Clearwater. I said why are wel|going to the Pigth Third Bank in the City of Clearwater on an economic crime case when we work robbefies? He said well, I am the rebbery guy. Bverybody|at the banks that know me call me when there’s a problem went into telling me it’s good PR, pub the sheriff's office if he steps by to thie bank manager with this problem. 4 he was on his way over there and then he ie relations, for try and help out id he said that he had |gotten the cali and he was on his way over there now. {and this is Like -- I think it was like six minutes aftd only reason I know =he times on these y because I’ve checked my phone to show -| Ir 3. And the one calls is to get the accurate times about when these calls were coming in He said after he stops at the| it would be all right if he started to he was going on vacation. I figured, uF} going to stop at the bank, it's going t minutes, another 15 minutes home, he'd would be ridiculous to drive all the wa] and then go all the way back home and hj vacation eo I said, yeah, just go on hor So then I started checking up stuff, and I went to the pawn shop on pank he asked if bo home because 11, if he’s take him 30, 45 e home by 4. It back to Largo + was going on e. on all this at Friday. And10 aL 12 a3 4 16 17 18 19 20 21 23 24 25 I talked to the pawn shop owner, and P| never been in there during the week, owner told me that he talked to aim on gays he wouldn’t even know Paul Nartin| the deor, Paul never went to Tar aia. I talked to the state attorn¢ that Paul never came up there for a meq to him for five minutes on the phone tl Wednesday. It just so happens that he about 1:20 on that Wednesday, and Paul 2:30, which is like an hour and twenty cen minutes later to tell me he was g0 attorney's office when he had already ve had already -- he had already goth: hearing rescheduled over the phone And then I went to the bank, bank manager, and he told me that Paul ul Martin had fhe pawn shop the phone, but he if he walked in he told me he y, and he said ting. He talked lar at partic nad talked to nim called me at minutes, hour and ing to the state laken care of it. ls preliminary kalked to the ad been in the bank at about 2:30 in the afternoon. He saw Paul standing in line waiting to cash a chec} was going on vacation, which he was, ant because Paul i the bank manager went to Paul and asked alm a hypothetical question about one of his customers tha} problem. Sc there again, Paul is calli 3 ofclock later -- a half-hour later ex} was having a g me at aining to me 1610 an a2 B aa as 16 7 18 19 20 2 22 23 24 25 that he needed to atop by the bank, an| been there. he'd already So that’s when I decided to write the memo because there is a definite history, an¢ definite pattern that he is telling me working and he’s really not. I don’t doing to be honest with you. Q. Did you ever approach him an deal was as far as what’s he doing wit A. No, I did not. d there is a that he’s out now what he’s ask him what the all of his time? Q And you did that because you|knew you were going to write this up and send it to ds? A, Yee. Yes, sir. Q. You spoxe with your supervision, Lieutenant Ring, about this? A. Yes. Q. And he concurred with your e send this to us? AL Yes. @. Okay, In your brief tenure knowing this, what type of work does he| reasonably well work? A. He does a very good job. He good police report. He does a vary goo timate and to ls his supervisor, do? Does he do ites a very 2 investigation He is a very good detective. Unfortunately, just these Sey10 un 13 14 1s ” 18 1s 20 21 22 23 24 25 these few days of his activity lead| conclusion that it would ke very, very| about what ae’s doing because you have a supervisor when you have units like merging the tuo units together, I've gi people now. That‘s a lot of people to to keep track of all their cases. it me toa hard to trust him to have trust as his. With them tt -- there's 13 keep track of and an be very difficult, and I'm still in the learning process of trying to understand the robbery aspect SHRGEANT ARMSHEINER: Okay. BY SERGEANT LUBEN: of it Sergeant Luben Q can you clarify a couple of dates with me. A, Sure. Q. You mentioned the first coupe of days you went by his house. Vou said March 26t specifically a Friday and a Monday. correct date because I don’t have your Wednesday. A. It’s March 28th Q. Okay. The 28th is Friday. A. March 28th is the Friday. 0. Okay. And then you went -- SWAT call-out? A. ‘That was the 3ist. 0. Okay. Tt was March 26th the jneno? That's a mnday was the 1210 aa 12 23 14 15 16 17 18 as 20 21 22 23 24 25 A. Did I have those wrong? Q. No. When you mentioned them| ago, you said Wednesday the 26th, and memo in my hands. Is the memozandum c AL Yes. Q. I just wanted to clarify that you about the detectives’ working hour: working hours? I know they could be f are their standard business hours that A. Standard working hours are 8 Q. Ualess they're flexing or va A. Right. You could end up wit! in the morning, say § o’clock, and they work your eight-and-a-half hours. Q. To your knowledge, these dat: mentioned, there were no call-outs. 7 reagons that he would need to be going A. That‘s correct. Q. Did you check -- were there his time that he was at home when he sl work? A. No. Q. And specifically, he called was going to the state attorney. Actual to -- he called you on the phone, said a few minutes don’t have your erect? So let me ask What are their exible, but what they’re to work? 30 a.m. to 5 p.m. ation or comp? a call-out early work until - Is that you jere were no nome early. my Form 308 for ld have been at pu and said he ly, you talked he’s going to the 13ao au 12 43 a4 16 ay 18 19 20 an 22 23 2a state? A. Yes. Q. And after 3 o'clock, he call Tm finished at the state. A. Those were his exact words d you and said I’m finished at the state attorney's office. He indic4ted he was done with the meeting with the attorney. Q. Okay. when in fact we know that he never went to the state attorney's office, an i thdn he called you afterwards and eaid I’m going to the bank when in fact he‘d already been to the bank? AL Yes. Q. So both of those phone calls frore not consistent with what has been found here? A, That’s correct Q. Okay. And you talked about Detective Martin’s investigative skills. He has been a del a while, and he is a good investigator, issue here? A. That's correct. Q. Okay. He was a corporal in t at one eime, which means he would have of supervieion role, and now somebody i up on him because we can/t, you used th what he's doing during the day. Is thai ective for quite That's rot the © robbery unit een in some type having to check 4 word trust, something that 14