NOWHERE TO RUN: NEW VIDEO DEVASTATING TO KWPD CREDIBILITY

A wrecking ball crashed through the City’s defense to the Eimers police brutality case on Friday.  At a scheduled deposition Chief Lee was expected to provide bureaucratic information about the City’s procedures and policies in the wrongful death case filed by the Eimers family against the City of Key West and 13 police officers.

But instead he spent over two hours freefalling into a seemingly endless pit opened by allegations of  “perjury” committed by his officers.  At issue was the surprise new bystander video that showed up this week from Colombia.   Unlike the first video, it shows Eimers arrest all the way to the point of his death.  A fact that turns out to be devastating to the somewhat creative and more favorable stories cooked up by some of the officers.

“Sir, we’ve gone to the trouble, in preparation for various motion practice,” said attorney Robert McKee, “of taking every question and answer of your officers who were under oath and every time their answers were not what the video showed. There are pages and pages of it”…. and down we went. Continue reading

KWPD AND FDLE, PARTNERS IN CRIME?

Issue 58 Mr and Mrs Smith for web

Issue 58 Mr and Mrs Smith for web

It’s a hell of a thing when an FDLE Special Agent commits perjury.  A hell of a thing.

Kathy Smith, lead FDLE agent in the Eimers death-in-custody investigation and KWPD’s Chief of Operations at the time of the arrest, appear to be partners in a perjurious plot to obtain a strangely advantageous home loan.

This casts more doubt on FDLE’s “independent” investigation of the death of Charles Eimers. It is especially troubling considering that so much direct evidence including dashcam recordings, Taser video footage, and witness information was allowed to “slip away” and that Eimers’ body was nearly cremated before autopsy; all under Special Agent Kathy Smith’s watch. Continue reading

Officer Gary Lee Lovette: “Me, I Dropped Like a F***ing Bomb On His Head… We Killed Him”

Photo provided by Treavor Eimers

Photo provided by Treavor Eimers

The Grand Jury’s Final Report is in. No indictment will be handed out in response to the fatal Thanksgiving Day arrest of Charles Eimers.

The report – no matter how beneficial it is for the officers who could have faced criminal charges – throws more fuel than water on that fire.   Indeed a summary contained in the FDLE Investigative Report, made public yesterday afternoon, of an audio recording captured during and immediately after the arrest is simply stupefying.

Apparently Officer Gary Lee Lovette inadvertently left the recording mechanism on his Taser in the on position for several hours after putting the Taser back into its holster.  What follows is an excerpt from FDLE’s summary of the audio recordings: Continue reading

Grand Jury Clears All Officers in the Death of Charles Eimers / Vogel Brings In Expert Police Officer Defense Witness

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“This allows the prosecutor to say I didn’t take the decision.  The Grand Jury did it.  The people did it.  But of course, how vigorously the prosecutor presents the case is everything.  It’s just the prosecutor presenting a case to these Grand Jurors.  If the DA doesn’t want an indictment or has questions it could be a very different thing.”

-       Dan Abrams, “Nightline” anchor and Chief Legal Affairs anchor for ABC News, when speaking about the Grand Jury proceedings in the Michael Brown shooting in Ferguson, MO.

The Grand Jury’s Final Report was released this afternoon.  All Key West police officers involved in the death of Charles Eimers were cleared of any wrongdoing.

So, how “vigorously” did our State Attorney present the case for excessive force?

Continue reading

Could Key West Reach the Ferguson Flashpoint?

Issue 76 Comic hood kkk for web

“Cartwright began yelling as loud as he could, and almost immediately a large crowd began forming around us […] Within minutes a crowd of at least 50 bystanders surrounded us and Det. Wormington called for additional Officers while I held down Cartwright.”

Police officers were arresting bad boy Ricky Cartwright who had ridden his bicycle through a stop sign while texting, allegedly with a beer in his hand.  They tased him in the back.  He was now screaming in pain in the middle of the road, attracting an angry crowd which, according to Detective Siracuse’s police report, kept “drawing closer and closer… despite numerous commands to stay back.”

No, this is not Ferguson, Missouri.  This is Bahama Village, Key West, May 9, 2014.  Detective Siracuse had just tased a black man on Emma Street and yes this is the same Siracuse who three years ago tased Matthew Murphy into a coma. Continue reading

The Case of Matthew Murphy / Another Cover-Up?

Kaeden Murphy, 3 yrs old; Photo by Richard Watherwax

Matthew Shaun Murphy’s son Kaeden Murphy, 3 yrs old; Photo by Richard Watherwax

8:30 on a Saturday morning.  It’s already hot and with no AC in the car it’s going to get a whole lot hotter by the time we get into Miami.

At her mother’s tiny apartment on Olivia Street, Mary Annuylsse is getting 3-year old Kaeden Murphy ready to go see his dad, Matthew, at Jackson Memorial Hospital.  As we reported in previous articles, Matthew Murphy has been stuck in a hospital bed ever since he was tased by a Key West police officer on April 16, 2011.  We’d been told he was unable to walk, speak, or eat on his own, but that he could communicate by blinking his eyes.  We are in for the ride. Continue reading

THE EIMERS CASE: Witness Claims Police Intimidation Tactics Will Not Deter Him

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“To be honest with you, I am really nervous about the whole thing.  I think they’re going to bother him or something,” says L, whose friend P was subpoenaed to testify before the Grand Jury in the Charles Eimers case last Wednesday.

While P was testifying, two squad cars were parked in front of his house, one blocking his driveway.  His friend, concerned about the strange coincidence, texted him a photo of the police cars.

On a recent occasion, officer Gary Lee Lovette, who was one of the officers who arrested Eimers last Thanksgiving, reportedly pushed P’s shopping cart violently out of his way at a Publix grocery store.

P had spoken with the Blue Paper after Eimers’ death revealing certain behavior and incriminating admissions by Key West police officer Lovette.  After P was finally interviewed by FDLE, he says Lovette’s attitude became threatening. Continue reading

Reenactment Points To Asphyxiation

“Your safe word is “no” and if you can’t talk, move your arms.” The woman lies down on the beach resting on her stomach, hands behind her back.  To be clear, we’re not shooting a bondage movie.  This is South Beach, at the end of Duval Street, where 61-year-old Charles Eimers died last Thanksgiving Day while being arrested by Key West police officers. The woman on the sand is Naja Girard of The Blue Paper.  We were trying to understand, through a reenactment, the most troubling part of the tragedy:  the cause of death itself.

Medical Examiner E. Hunt Scheuerman’s autopsy report shows no physical evidence that can directly establish the cause of Eimers’ death. However, circumstantial evidence led him to rule out asphyxiation.

This is what he wrote:

“FDLE’s investigation concluded that his face was not forced into the sand, but rather, as he struggled, his face moved back and forth across the sand. Audio recordings from the event revealed that Mr. Eimers repeatedly said “No.” Such verbalization would not have been possible if he had been smothering in the sand.” Continue reading

Invalid Investigation–Derides & Mocks The Death Of An Innocent Man…

Issue 48 investigation for web

An innocent man was killed while in the custody of the Key West Police Department. This disabled 61 year-old met his fate at the hands of police officers, as he laid down on the ground before them. This defenseless and helpless citizen  appeared compliant to all commands that were directed at him.

An onslaught of aggression was executed upon Mr. Eimers. He was face down in a prone position, with his arms extended above his head. He did not pose a threat to anyone. Continue reading