Sep 042015


by John Donnelly…….

Words are insufficient in describing the outrage felt by citizens from all walks of life, regarding the lenient consequences dealt out to Special Agent Kathy Smith by the Florida Department of Law Enforcement; resultant from her misconduct.

Many are inflamed by the degree of deception and malfeasance characterized by this misconduct; for which she received a 5 day suspension.

Prior to this punishment, she was on a 91/2 month paid vacation (suspended with pay). Her $93,000 yearly salary, would bring it to about $72,000 she was given for sitting at home, at taxpayer’s expense.

Of particular note, SA Smith was the prime investigator of the in-custody death of Charles Eimers during an arrest by the Key West Police Department. Allegations of a criminal conspiracy and cover-up continue to rage concerning this incident.

FDLE’s Ethical Standards Policy Rule 7.1 states: “Police officers shall, unless required by law or policy, refrain from becoming involved in official matters, or influencing actions of other police officers in official matters, impacting the officer’s immediate family, relatives, or persons with whom the officer has or has had a significant personal relationship”.

How in the world can Special Agent Kathy Smith be expected to conduct an impartial, detailed and unbiased investigation involving her police officer ex-husband? The man who is the father of her child.

It’s an impossibility. That is why there are strict rules against it. The FDLE, State Attorney and all those working in concert with Ms. Smith; cannot be taken seriously, when from the start, they clearly violated their own ethical standards and policies.

Are double standards incorporated into assessing the due process rights of citizens living in Monroe County? Is justice tiered to reflect special treatment, favoritism and sweetheart deals for the privileged and one’s colleagues?

If so, the blood sacrifices, harrowing wounds and lives lost to protect and defend the Constitution of the United States; have all been for naught.

The alleged focus of Special Agent Kathy Smith’s investigation was to examine allegations of misconduct by some Key West Police Officers under her ex-husband’s command. The father of Ms. Smith’s child.

The purpose of the investigation was to launch an inquiry into the causes of an innocent man being killed, while being arrested by the Key West Police Department. Captain Smith (her ex- husband) was a commander charged with supervising the officers under investigation.

Ms. Smith was chosen to investigate and examine all of the data, which might have led to charges of criminal misconduct being lodged against police officers under Captain Smith’s charge and control.

The scope of Ms. Smith’s investigation was to include any alleged negligent or criminal conduct by the officers under scrutiny, which may have caused or contributed to the death, of a disabled 61 year old man.

An exhaustive search was to be made by Investigator Smith, to identify any excessive or inappropriate uses of force that might have been used to injure and suffocate Charles Eimers. Of particular concern was a documented fact (video recording), which identified the individual officers approaching this man who had already surrendered to them. Mr. Eimers complied with all of their commands, as he laid face down on the ground, with his hands and arms fully extended over his head.

How could this defenseless, acquiescing and elderly man been terminated so rapidly?

It has been my experience, that in investigations similar to this one, many times there are attempts to cover-up and ignore evidence, which does not fit the governing authorities’ narrative. In too many instances the emphasis is upon shifting and altering the responsibility for loss of life encounters, when they involve an unarmed civilian and law-enforcement; rather than the policing agency digging in their investigative heels with professionalism, integrity and perseverance; to authentically determine the facts of the event, no matter how unpleasant they might be.

Covering-up evidence and crimes are egregious violations, punishable with long stays in state and/or federal prison. It is clear to me, as designated by a plethora of physical evidence (video & pictures of a blood and sand asphyxiated face); someone did something to Charles Eimers, which cost him his life.

Given the particulars addressed, why would Special Agent Kathy Smith be chosen to investigate this tragic fatality? A matter this serious calls for stringent adherence to all rules and policies set forth by the aforementioned investigative agency. Along with actual misconduct, all appearances of impropriety must be ruled out in a case as sensitive as this one. That was not done in this matter. Despite the public’s cries for an authentic, legitimate and legal investigation; our pleas were ignored.

How in the world can investigative results, which from all appearances, seem to proffer an illicit and illegitimate undertaking, render the acuity and insight necessary to pursue a ‘just result’ for Charles Eimers? Citizens within this nation and from around the world, intent on securing ‘Justice’, will not rest until their voices are heard.

The multifaceted layers of alleged fraud and duplicity concerning the death of this innocent man, appears to run long and deep. After a detailed examination and investigation of the facts, it seems to me that there was a concerted and expansive attempt by some to conceal, distort, destroy and create evidence related to the in-custody death of Mr. Eimers. From the perspectives of many onlookers, a ‘composite of corruption’ has been distorted and recklessly re-assembled, in the furtherance of constructing a flimsy reed extended to the public, so that their monetary pay off and charade might be considered ‘closure’.

This expansive and far reaching cover-up, as it is alleged, appears to comprise an assembly of government employees and public officials.

The extraordinary research and independent investigations that have been done and published regarding the death of Mr. Eimers, authored by Naja and Arnaud Girard in “Key West The Newspaper” (The Blue Paper); convincingly lay out specific, relevant and precise evidence that can provide the Justice Department with a plethora of credible information, which can be formulated into a series of successful prosecutions and convictions; if they choose to move forward on this case.

Serious crimes committed by public officials undermine the stability and viability of our government. Communities become destabilized and unsafe, while our children and families are robbed of their peace of mind and trust in a nation; once founded upon Constitutional Law.

The integrity and diligence that has gone into independently investigating this matter has drawn the attention of our president.

Via some colleagues remaining in government, I will look to get a completed file into the hands of President Obama and Attorney General Lynch.

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 September 4, 2015  Posted by at 12:46 am Issue #130, John Donnelly  Add comments

  27 Responses to “Justice Department – Please Bid Our Pleas To Cleanse & Correct Wrongs…”

  1. Sister,

    As always, I’m very grateful for your comments and contributions. Many thanks…

    I did a little research and came up with this: “The U.S. Congress officially recognized the Noahide Laws in legislation that was passed by both houses. Congress and the President of the U. S., George Bush, indicated in Public Law 102-14, 102nd Congress, that the United States of America was founded upon the Seven Universal Laws of Noah, and that these Laws have been the bedrock of society from the dawn of civilization. They also acknowledged that the Seven Laws of Noah are the foundation upon which civilization stands and that recent weakening of these principles threaten the fabric of civilized society, and that justified preoccupation in educating the Citizens of the U.S. of America and future generations is needed. For this purpose, this Public Law designated March 26, 1991 as Education Day.”

    It appears that your concerns have some basis in fact. However, we may be safe on this one, as it has to do with educating our citizens, our public school systems collectively rank last and near the bottom in every measurable academic area, when compared to their counterparts on the world stage. Over the last 24 years, since the passage of this law, I haven’t heard anything about it.

    Attempting to keep up with ridiculous government overreaches, definitions, intrusions, executive orders, un-constitutional conduct and criminality; via a plethora of embedded layers of governance and bureaucracies; and as you indicted, many of them enacted in the shadow of darkness; arms our overseers with the means to silence and come after anyone they deem appropriate.

    Just look at the “Military Commissions Act”. You can be arrested and imprisoned for as long as the government wants to confine you; if in a dark room, behind some closed doors, an unknown bureaucrat identifies you as posing a threat to our national security.

    So my Sister, we got some real problems right here, in River City…

    The beat goes on, as individual choices are being made on how to combat, what many believe, are the rising tides of abuses stemming from the government’s constitutional violations of our rights and liberties.

    With Blessings & Respect, Always…

    • John, I’m afraid the Education Day Act, passed in secret under Bush, is much more sinister than it appears. Much of the true implications of this were alluded to in the first link I provided.

      Have you read any of the Talmud lately?

      Here’s more…

      The Seven Laws of Noah (Hebrew: שבע מצוות בני נח‎ Sheva mitzvot B’nei Noach), also referred to as the Noahide Laws or the Noachide Laws (from the Hebrew transliteration of “Noah”), are a set of imperatives that, according to the Talmud, were given by God as a binding set of laws for the “children of Noah” – that is, …
      Seven Laws of Noah – Wikipedia, the free encyclopedia

      I guess I could provide you with more links but it appears that you will not release your belief that you live under a benevolent government.


    As always, I sincerely appreciate and value all of your comments. Thank you…

    With all due respect, and in my humble opinion, the actions that Kathy Smith is alleged to have taken, are just as serious, and in fact may be far more harmful, than the alleged acts of police misconduct implicated in the death of Charles Eimers.

    As the lengthy and detailed ‘independent investigations’ carried out by The Blue Paper allegedly indicate, Kathy Smith may be a significant factor in why there were never any criminal charges brought against those officers participating in the arrest, which is alleged to have killed Mr. Eimers.

    Kathy Smith is alleged to have engaged in an investigation of this fatality, which from the very start, appears to have violated the “Ethical Standards” of the agency for which she works. It is also alleged that this investigation was instrumental in devising a cover-up for those connected and involved with this tragedy.

    The way your change things in Key West is by applying harsh and punitive consequences to anyone who illegally takes the life of another. By applying harsh and punitive consequences to any public official or government employee who engages in an act of corruption or violates the law.

    Come election time, let the fire in our bellies become manifest, as we pledge ‘our lives, fortunes and sacred honor’ to the candidates and prospective leaders, which come closest to reflecting our Constitutional Principles, Values & Laws.

    I am as outraged as you are. However, please be aware that there are many thousands of citizens working quietly behind the scene to bring accountability, equanimity and justice back into our nation’s institutions.

    JIMINKEYWEST; your insights, perspectives and words of encouragement have already made a difference. Please continue with your forceful and passionate ideas. We are pressing forward, and will arrive at the Promised Land.

    With Many Blessings & Respect…

    • Don’t misunderstand what I am saying. I am not defending her actions. She needs fired and criminally charged. She clearly violated the law and perhaps needs some prison time as well. From my view what I see is a closed loop in the legal system of Key West. They will cover each others asses even for murder. Seems the voters do not care what image the tourist see. Some might welcome fewer tourists but the business owners just might see a result that shuts the doors. Tourist stay away from unsafe towns.

      We can not undo the wrongful death of Mr Eimers and I will never let it be forgotten. All could have been avoided by following the laws and had the grand jury been given all the details then the guilty cops would all been facing trial. Been watching KW very close for last few years and we had plans of buying a house and retire in KW. After all of the recent corruption we will pass that idea up because property values are not stable. Many of the charms of KW are already gone. Atlantic Sores , the pier show , older 1920 buildings slowly going away. Even Fast Buck Freddy were all a part of it. You lost the pier show do to the slick move of a developer that took away housing. Yes I know in time people forget and new tourists replace the ones that stop attending events.

      It is not too late to clean up KW but not something that can happen fast. Still have hope in the feds taking action but it is one hell of a huge mess and could mean dozens involved out of jobs and perhaps in prison.

      Even with a paper that has the guts to expose the corruption very little has changed.

  3. John, Woo … I’d like to be so optimistic. Speaking in Time Magazine terms, I’d call Gandhi the Man of the Century (20th), and perhaps one of the greatest persons of all time. But John, think how long it took for his vision to finally happen … centuries, generations … Keep trying to convince me my friend, yours is a healthier state of being than mine. ciao, Jerome

  4. Jerome,

    I may be incorrect, however, my understanding is that the Mahatma accomplished the fulfillment of his vision; in ONE lifetime; His…

    Not in theory, but a scientific and practical approach that changed the oppressive, violent and enslaving nature of a world’s super power, via peaceful and non-violent means.

    Such are the principles and practices successfully implemented by Dr. Martin Luther King…

    Am I getting closer?

    With Blessings & Respect, Always…

  5. Sister,

    Your diligence and research capabilities are second to none. Thanks for the continued discussion.

    Absolute Power–Corrupts Absolutely…

    How can one keep up with the sinister mechanisms and intent of a corrupted government, whatever your political persuasion may be; to control, condition and intimidate its populace towards the beliefs and behavior that the ruling authority desires. They have many allies in the media, school system, unionized government and the corporate world.

    How many laws, executive orders, ordinance’s, policies, guidelines and authoritative acts (tax code//affordable care//Medicare//social security//immigration etc,etc,etc.) can be pulled out of the government’s hat, which require civilian conformity; under penalty of imprisonment or lethal force??

    I’m required to deal with what is on my plate now. Going back in history to address wrongdoing, is a luxury that I just don’t have at this time.

    As we both know, there aren’t many benevolent qualities within the operation of government.

    Strict Constitutional adherence to the rights and liberties delineated under our Law of the Land, is the best chance we have to advance the cause of freedom.

    Thanks again for your comments.

    Blessings & Respect…

  6. John, Yes, Gandhi accomplished his task in one lifetime, but it was the culmination of hundreds of years of horrifying, racist, western colonial domination. The same can be said for what MLK accomplished. People like them were just the straw that finally … finally … broke the camel’s back. ciao, Jerome

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