For the Law Enforcement Agencies of Miami-Dade County Katherine Fernandez Rundle Miami-Dade State Attorney 1MARCH, 2003 POLICE-PROSECUTOR COORDINATING COMMITTEE Steering Committee: Kristi Bettendorf, ASA, Chair State Attorney’s Office (305) 547-0220 e-mail: [email protected] Mary Cagle, ASA State Attorney’s Office (305) 547-0309 e-mail: [email protected] Chief Naim Erched Miami-Dade Police Department (305) 471-2687 e-mail: [email protected] Chief Patrick Kiel West Miami PD (305) 266-0530 e-mail: [email protected] Chief Fred Maas Sunny Isles Beach PD (305) 947-4440 e-mail: [email protected] David Maer, ASA State Attorney’s Office (305) 547-0535 e-mail: [email protected] SUMMARY OF FEBRUARY 20, 2003 PPCC MEETING Digital Photography: The first topic discussed was evidentiary issues associated with the use of digital photography. The SAO Technology Committee has been researching and discussing this issue and offered the “Scientific Working Group on Imaging Technologies (SWGIT) – Definitions and Guidelines for the use of Imaging Technologies in the Criminal Justice System”. This is the most comprehensive statement of the topic that the Technology Committee has found, and it was suggested that each department, in creating and implementing their own operating procedures, should consider all areas included in the SWGIT guidelines. Obviously, the main issues involved are chain-of-custody type concerns and the ability to demonstrate that the original image has not been manipulated. The standard for the introduction of any type of photographic evidence remains the same; if a witness can testify that the photograph truly and accurately portrays the subject matter therein, then it can be ruled admissible. You must be prepared, however, to counter possible defense attacks on the issue of possible manipulation of the image. How each department decides to accomplish this (saving the original disk to a designated hard drive, or utilizing a software program which will document any changes to the image) should be determined by each department in light of the SWGIT guidelines. Cost and equipment factors will vary from department to department, and the imposition of minimum standards could be counter-productive. If you have any concerns, or questions about specific technology or equipment, please feel free to contact ASAs Brian Barakat or Bronwyn Miller. Charges on Arrest Affidavits: The necessity for officers to write charges, statute sections and subsections accurately on their A-forms was discussed. Where the appropriate charge is not clear, personnel in the jail or the Clerk’s Office may be inputting incorrect information. This, consequently, may affect a defendant’s bond or release status, or may even mean the difference between a felony or misdemeanor case being created. Thumbprints on Arrest Affidavits and Traffic Citations: It was mentioned that a large number of PTA A-forms and NVDL traffic citations did not include a thumbprint of the defendant. This can be critical in our ability to identify the defendant in these cases. Police representatives present indicated that they would reinforce these procedures with their personnel. It was requested that the article outlining the thumbprint procedure on PTA A-forms be republished; you will find it on page 3. Continued next page IMPORTANT! Next ppcc meeting, Thursday, March 20, 2003 - 10:00 a.m. State Attorney’s Office • 1350 NW 12 Avenue • Miami FL 33136 All are invited to attend Page 2 The Rap Sheet March, 2003 Summary of February 20, 2003 PPCC Meeting Continued from page 1 Hate Crimes Seminar: ASA Luis Caso spoke about the Hate Crimes Seminar which was recently conducted at the Miami Beach Police Department. He expressed the need for a Hate Crimes Committee, consisting of both police and prosecutors, to discuss the issues inherent in these crimes. Misconceptions about what constitutes a hate crime are common. Therefore, the members of this committee would become very well-versed in this area and could be available for instruction and advice on these crimes. Anyone who is interested in participating in this effort may contact Luis Caso at (305) 601-1018 (this is a pager). * “JUSTICE IN MOTION” A service provided by the Office of Katherine Fernandez Rundle, State Attorney and Miami-Dade County, Department of Human Services “JUSTICE IN MOTION” (J.I.M.) is a 37-foot mobile office equipped with state-of-the-art technology for community-based interviewing and public education. J.I.M.’s main purpose is a special response for the elderly or persons with disabilities who cannot come to us for help and services. Another exciting use for JIM is to go into the community to educate and provide information to the public about the functions and services of our office. Schedule JIM for your next community event! We provide: A CHILD ID PROGRAM LAW ENFORCEMENT SUPPORT INFORMATION TO EDUCATE THE PUBLIC Contact: Ulises Martinez (305) 547-0844 or E-mail: [email protected] or Luis Martinez (305) 547-0754 or E-mail: [email protected] FAX: (305) 547-0534 Web site: www.miamisao.com *Funded by a Victims of Crime Act Grant & the Miami-Dade Department of Human Services Page 3 The Rap Sheet THUMBPRINT PROCEDURE ON PTA ARRESTS When officers are arresting individuals on misdemeanor offenses and have determined that they are going to permit the defendant to sign a promise to appear in lieu of an arrest, the right thumbprint of the defendant is to be placed on the white (original), pink (SAO) and yellow (central records) copies of the arrest affidavit. Until such time as a designated space for a thumbprint is provided on the arrest affidavit form, the arresting officer should roll (not press) the defendant’s right thumbprint in the lower right-hand corner on the front of the A-form, next to the area where the defendant places their signature. The print should not be placed over preprinted portions of the Aform. With regard to traffic citations, Florida Statute 322.15(2) requires that a thumbprint be affixed to the back of the court copy of the citation in the space provided. March, 2003 TRAINING UPDATE The Miami-Dade County State Attorney’s Office Training Directors are pleased to continue to update you as to police-prosecutor trainings. On February 5th, the Miami Beach Police Department, in conjunction with our office, presented a “Hate Crimes” Seminar to prosecutors and police officers from Miami Beach, the City of Miami, and Miami-Dade Police Department. Speakers included Renelda Mack from the Palm Beach County State Attorney’s Office, Joan Peppard Winograd of the Anti-Defamation League, Sergeant Mark Causey and Martha Diaz Perez of the Miami Beach Police Department. Panelists included Sergeant Causey, Martha Diaz Perez, Assistant State Attorney Brian Barakat, and Assistant State Attorney Luis Caso. Mr. Caso announced the formation of a police-prosecutor “Hate Crimes” Committee. Please contact him if you are interested in participating. The State Attorney’s Office is providing four training sessions for the Sunny Isles Police Department. The speakers are: Penny Brill and Fleur Lobree, Assistant State Attorneys from our Legal Division, Senior Trial Counsel David Waksman, and County Court Chief Stephen Talpins. David Waksman has also been training at the Aventura Police Department where he presented “Search and Seizure.” We are especially pleased to announce our participation in the MiamiDade Police Department “Mock Trial” exercises to be held at the Training Bureau March 3rd, 2003. Law Enforcement and our Assistant State Attorneys will be participating in the Youth Gang Summit on February 28th, 2003. The Miami-Dade Police Department has graciously agreed to host our Assistant State Attorneys in a tour of the Crime Laboratory. The tour will take place on April 16th, 2003, and will take approximately three and a half hours. Miguel Palmer of the Miami-Dade Police Department will be conducting the tour. As a follow-up for the tour, we are in the process of organizing an inhouse training on forensics. The Miami-Dade Police Department will be bringing their second rookie class to the Justice Building on March 31st, 2003, for a tour of the building, Trial Watch, and an introduction to the process. We will be hosting an “Advanced DNA” seminar on May 29th, 2003, in conjunction with the Miami-Dade Crime Laboratory. Current and back issues of the Rap Sheet are posted on the State Attorney’s Office web site: http://www.MiamiSAO.com The Rap Sheet’s e-mail address is: RapSheet @MiamiSAO.com Page 4 The Rap Sheet March, 2003 All PPCC Sub-Committees, Chairs and members are listed below. Please contact any of the Co-Chairs or members if you have an issue to be addressed. CASE INTAKE SUBCOMMITTEE CO-CHAIRS: Det. Mike Crowley, M-DPD (305) 270-3842 Johni Hardiman, ASA, SAO (305) 547-0255; e-mail: [email protected] Committee Members: Marie Lacroix, ASA, SAO Sandy Roberts, SAO Sgt. Laura Diaz, M-DPD Det. Andrew Delgado, M-DPD Det. Paul Manzella, SIBPD Sgt. Efren Lopez, M-DPD Sgt. Ray Santiago, UMPS COMMUNICATIONS SUBCOMMITTEE CO-CHAIRS: Steve Talpins, ASA, SAO (305) 324-2999; e-mail: [email protected] Major Grace O’Donnell, M-DPD (305) 375-5555; e-mail: [email protected] Mike Grieco, ASA, SAO (305) 547-0303; e-mail: [email protected] Committee Members: Lt. Steve Rossbach, MPD Asst. Chief Michael Mills, SMPD Denise Moon, SAO Lt. Kathy Katerman, NMBPD Manny Segarra, ASA, SAO Mark Smith, ASA, SAO Gloria Paskiewicz, MBPD Ray Araujo, ASA, SAO, County Court Sgt. Laura Diaz, M-DPD Kathleen Phang, SAO Lt. Harry Pickering, CGPD Trpr. Peter Gonzalez, FHP Melinda Breidenbach, SAO Teresa Williams, SAO Johni Hardiman, ASA, SAO Ergio Fernandez, SAO Sandy Roberts, SAO Oliver Spicer, Jr., M-DPD CRIMES AGAINST LEOs SUBCOMMITTEE CO-CHAIRS: Capt. David Rivero, MPD (305) 579-6450; e-mail: [email protected] David Waksman, ASA, SAO (305) 547-0445; e-mail: [email protected] Committee Members: Chief Chuck Reynolds, SAO Lt. Ralph Gracia, Hialeah PD Denise Moon, SAO Lt. David Evans, M-DPD, Cutler Ridge Abbe Rifkin, ASA, SAO Lt. Willie Hill, Pinecrest PD Sgt. Efren Lopez, M-DPD, Hammocks Det. Norma Dieppa, CGPD Chief Pat Kiel, West Miami PD Jonathan Davidoff, ASA, SAO Audrey Frank-Aponte, ASA, SAO Lt. Luis Bazo, M-DPD, Northside Susan Leah Dechovitz, ASA, SAO Sgt. Marshall Gilreath, M-DPD George Cholakis, ASA, SAO Det. Ray Hoadley, M-DPD Lt. Brian Ackerman, M-DPD, Northside Det. Robert Garland, M-DPD Ofcr. Carlos Arguelles, M-DPD, Hammocks Sgt. Danny Formosa, Homestead PD JUVENILE SUBCOMMITTEE CO-CHAIRS: Lt. Howard Ostlund, JAC (305) 755-6130 e-mail: [email protected] Leon Botkin, ASA (305) 637-1300 or e-mail: [email protected] Kerri Bennett-Egozi [email protected] Committee Members: Sgt. Ian Moffett, M-DSBPD Capt. Michael Mouring, M-DPD Sgt. James Harley, MBPD Ellen Skidmore, SAO DOMESTIC CRIMES SUBCOMMITTEE CO-CHAIRS: Esther Jacobo-Rubio, ASA, SAO (305) 547-0132; e-mail [email protected] Maj. Harriet Janosky, M-DPD Committee Members: Carrie Soubal, SAO Sgt. Eugenio Rodriguez, MBPD Denise Moon, SAO Sarah Poux, MBPD Judith Rubenstein, M-DPD Legal RAP SHEET SUBCOMMITTEE CO-CHAIRS: Lt. Brian Ackerman, M-DPD, Northside (305) 835-4072; e-mail: [email protected] Capt. David Rivero, MPD (305) 579-6450; e-mail: [email protected] Kristi Bettendorf, ASA, SAO (305) 547-0220 e-mail: [email protected] Committee Members: Sandy Roberts, SAO Betty Tarre, SAO Ed Griffith, SAO ROLL CALL/RIDE-ALONG SUBCOMMITTEE CO-CHAIRS: Chief Patrick Kiel, West Miami PD (305) 266-0530; e-mail: [email protected] Walter B. Batt, ASA, SAO (305) 324-3008; e-mail: [email protected] Anne Wedge-McMillen, ASA, SAO (305) 547-0419 Committee Members: Lt. David Evans, M-DPD, Cutler Ridge Lt. Brian Ackerman, M-DPD, Northside Shana Seitchik, ASA, SAO Chief Chuck Reynolds, SAO Audrey Frank-Aponte, ASA, SAO Brenda Mezick, ASA, SAO TRAINING SUBCOMMITTEE CO-CHAIRS: Lt. Ricardo Gomez, M-DPD, Court Services (305) 547-5088; e-mail: [email protected] Bronwyn Miller, ASA, SAO; 547-0309 e-mail: [email protected] Susan Dechovitz, ASA, SAO; 547-0309 e-mail: [email protected] Ofcr. Barry Mankes, M-DPD, Training Bureau Committee Members: Sgt. Ian Moffett, M-DSBPD Det. David Adlet, EPPD Lt. Van Toth, Hialeah Gardens PD Sgt. Michael Gilreath, M-DPD Lynnise Jones-Curry, M-DPD Ofcr. Chad Rosen, Surfside PD Lt. Luis Bazo, M-DPD Det. Jorge Ceballos, M-DPD Johni Hardiman, ASA, SAO David Waksman, ASA, SAO Shana Seitchik, ASA, SAO Martha Diaz Perez, MBPD Jay Novick, ASA, SAO Oliver Spicer, Jr., M-DPD OPERATIONS SUBCOMMITTEE CO-CHAIRS: Melinda Breidenbach, SAO (305) 547-0418; e-mail: [email protected] Chief Robert Holden, M-DPD (305) 471-3165 [email protected] Committee Members: Lt. Albert Vila, MPD Johni Hardiman, ASA, SAO Sgt. Gladys Amato, MPD Bill Altfield, ASA, SAO
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