For the Law Enforcement Agencies of Miami-Dade County Katherine Fernandez Rundle Miami-Dade State Attorney 1 July 2007 POLICE-PROSECUTOR COORDINATING COMMITTEE Steering Committee: IN THIS ISSUE: PAGE Summary of PPCC Meeting ....................................................................... 1-2 Miami-Dade Crime Lab Procedures On Firearm Cases................................ 3 PPCC Sub-Committees ................................................................................ 4 Kristi Bettendorf, ASA, Chair State Attorney’s Office (305) 547-0220 e-mail: [email protected] José Arrojo, Chief ASA State Attorney’s Office (305) 547-0309 e-mail: [email protected] PLEASE NOTE: The next PPCC meeting will take place after the summer break on Gerald Darling, Chief Miami-Dade Schools Police (305) 754-9630 Thursday, September 13th, 2007, the second, not third, Thursday of the month. Naim R. Erched, Assistant Director Police Services Miami-Dade Police Department (305) 471-2625 e-mail: [email protected] ALL ARE INVITED TO ATTEND. Frank Ledee, ASA State Attorney’s Office (305) 547-0853 e-mail: [email protected] Summary of June 21, 2007 PPCC Meeting Chief Fred Maas Sunny Isles Beach PD (305) 947-4440 e-mail: [email protected] Betty Tarre, SAO Recording Secretary e-mail: [email protected] Agencies represented: M-DPD, Coral Gables PD, Miami Gardens PD, Surfside PD, Biscayne Park PD, North Miami Beach PD, North Miami PD, Sunny Isles Beach PD, ABT and Miami-Dade Crime Lab. Agenda: Firearms Testing and M-DPD Crime Lab Procedures: Members of the Crimes Against Law Enforcement Officers Subcommittee are listed on the back page Please see the article on page 3 regarding NIBIN protocols and local Crime Lab procedures for the testing of firearms. Continued next page IMPORTANT! Next PPCC meeting, Thursday, September 13, 2007, at 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 July, 2007 Continued from previous page Thomas Fadul, Jr., Manager of the M-DPD Crime Laboratory, was present and answered questions. The Crime Lab’s internal criteria state that the firearms they enter into the NIBIN system must be auto-loading firearms. They do not enter spent bullets for identifying and researching purposes into NIBIN; spent casings provide a much better possibility of matching in the system. He further stated that the goal of the Metro-Dade Crime Lab is to help and provide service to law enforcement personnel throughout the state. When asked about the “caseload”, Mr. Fadul stated that there is currently a backlog of 800 to 1,000 cases, however he expects that this will gradually lessen with the addition of staff who are currently undergoing training in forensic identification of firearms. Issues From the Floor: New Juvenile Program? Captain Carmen Puentes-Croye from ABT inquired about a juvenile program she learned of at a meeting of the Dade Police Chiefs. It was announced that misdemeanor juvenile offenses would be processed by civil citations. Former West Miami Chief Patrick Kiel advised that this was not an across-the-board policy but would be adopted on a case-by-case basis, depending upon whether juveniles qualified for the program and eligibility would be determined/reviewed by the JAC. Officers should continue to write up arrests of juvenile misdemeanants on arrest affidavits. (Kristi Bettendorf will get more detail and include this information in a future issue of The Rap Sheet.) Curfews / Domestic Violence Reports: Major Kathy Katerman raised two issues. At a recent CRB (Community Relations Board) meeting the members discussed Memorial Day police procedures and the issue of curfews for juveniles under 17 years of age was raised. She inquired if the curfews were being strictly enforced and what was the county’s position on this. While the city of Miami Beach has its own city ordinance governing curfews, Sgt. Reyes, Miami-Dade PD, said that all curfew violations are processed and that the monetary penalties fall on the parents. They are currently in discussions with the JAC, which has a database, and will check on the process and follow up. Major Katerman also raised the issue of checking statistics related to officers’ response to domestic violence calls to see if reports are routinely being written. Should domestic calls be treated differently (regarding the writing of reports) when there is violence or a threat of violence versus situations where there is a verbal argument with no threats involved? Some officers stated that their departments do a report in either type of situation, if for no other reason than to establish a history for future referral. If a 911 call contains an allegation of abuse, either verbal or physical, even though upon arrival the parties indicate to the officer there “is no problem”, then a report still needs to be done. Major Katerman stated that these reports are sent to a clearinghouse and can be tracked by case number for future retrieval or inspection. Some officers suggested that reports are really necessary to protect against possible liability in the future. Kristi will request an ASA in one of the SAO’s domestic violence units to write an article for The Rap Sheet on the topic of report writing on domestic cases. Untaxed Cigarettes and Alcohol: Representatives from the Division of Alcoholic Beverages and Tobacco stated they are concerned that high numbers of their misdemeanor cases charging possession of untaxed cigarettes or alcohol are being dropped or nolle prossed in court. So far they have received little feedback and feel they would benefit from this information. If the cases are being filed incorrectly or lack necessary documentation, they would like to be made aware so that they can modify procedures. Kristi Bettendorf suggested they call County Court Chief Patrick Trese for further clarification. A presentation of the County Court S.T.O.P., Smoking Tobacco Offender Program, will take place at the October PPCC meeting. This is an encore of a very informative presentation first given by County Court Judge Beth Bloom at a January 2003 PPCC meeting. Page 3 The Rap Sheet July, 2007 MIAMI-DADE CRIME LAB PROCEDURES ON FIREARM CASES After the May issue of The Rap Sheet reported a summary of the April PPCC meeting and a summary of the NIBIN (ATF’s National Integrated Ballistics Information Network) protocols, Stephanie Stoiloff of the Metro-Dade Crime Laboratory Bureau was kind enough to send me some additional information, updating, supplementing, and, in some instances, correcting the Rap Sheet information. In addition, she provided some procedures that will be followed by the Metro-Dade Crime Lab. The Crime Lab partnered with NIBIN in 2001. (Prior to that, they maintained a database through the FBI-sponsored Drugfire Program.) It is to be noted that the NIBIN protocols are guidelines and strict adherence to their guidelines is not a requirement for participation in the NIBIN program. Twenty-four local agencies actively participate in the Crime Lab’s NIBIN program, as well as state and federal agencies. The participating agencies need not test-fire submitted firearms to participate; the Crime Lab will do the test-firing for entry into the NIBIN system. A pre-printed NIBIN Laboratory Analysis Request form is available for a NIBIN entry. When a firearm is submitted to the Crime Lab for examination outside of the NIBIN Testing Unit, these firearms will also be examined, test-fired and entered if they meet the Crime Lab’s internal NIBIN criteria (firearms must be auto-loading). As of this writing, the Crime Lab has made over 480 NIBIN hits from fired casings entered into the computer system. A NIBIN report, containing specific information regarding the firearm, will be created for all firearms impounded and searched through the NIBIN system. If a Crime Lab Firearms Examiner examines a firearm, the Crime Lab will issue a report detailing specific information about the firearm’s caliber, make, model and serial number. On the subject of spent bullets, studies have rarely produced positive results. Fired casing results have been found to be superior to spent bullet results. Based upon this information, the Crime Lab’s policy is not to enter spent bullet information into NIBIN. Metro-Dade Crime Lab’s Suggested Procedures for Processing Crime Guns and Related Evidence: All crime guns or ammunition need not be swabbed for DNA. This determination is case specific and should be based upon the particular facts presented to the investigating officer. Swabbing for DNA and/or processing of firearms for latent fingerprints should be done on a case-by-case basis. In most cases, the submitting agency can swab the firearm’s grip, handle, trigger and/or magazine and submit the swabs directly to the Crime Lab for DNA testing, while the firearm itself is submitted for latent fingerprints and then for test-firing to the Crime Lab NIBIN Testing Unit. If there are any questions about routing items of evidence, the submitting agency should contact the Crime Lab. Typically, the different areas of a firearm are processed for DNA and latent fingerprints. Generally, latent processing chemicals do not compromise DNA recovery; however, the method of latent processing can affect recovery of cellular material. Therefore, routing decisions should always be made in consultation with the Crime Lab. All agencies within Miami-Dade County that submit evidence to the Metro-Dade Police Department Crime Lab must submit such evidence using a Laboratory Analysis Request (LAR) form describing the specific facts of the case that explain the analysis request to the Crime Lab analyst. The completion of this analysis request form is critical to the examination of evidence for the presence of biological material. Needless to say, all firearm evidence must be handled MOST carefully so that if it is determined that DNA and fingerprint analysis is necessary, that the handling of the evidence will not contaminate such testing. Current and back issues of the Rap Sheet are posted on the State Attorney’s Office web site: http://www.MiamiSAO.com Subscribe online by sending an e-mail to: RapSheet @MiamiSAO.com Page 4 The Rap Sheet July, 2007 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: Marie Jo Toussaint, ASA, SAO (305) 547-0255; e-mail: Marie Jo [email protected] Bart Armstrong, Police Legal Advisor Miami-Dade P.D. (305) 471-2550 e-mail: [email protected] Committee Members: Sandy Roberts, SAO Sgt. Ray Santiago, UMPS Det. Paul Manzella, SIBPD Lt. Efren Lopez, M-DPD COMMUNICATIONS SUBCOMMITTEE CO-CHAIRS: Major L. Buck, M-DPD (305) 375-5555; e-mail: [email protected] Deisy Rodriguez, ASA, SAO (305) 324-2999 [email protected] Committee Members: Lt. Steve Rossbach, MPD Major Michael Mills, SMPD Sandy Roberts, SAO Major Kathy Katerman, NMBPD Manny Segarra, ASA, SAO Oliver Spicer, Jr., M-DPD Gloria Paskiewicz, MBPD Ray Araujo, ASA, SAO, County Court CRIMES AGAINST LEOs SUBCOMMITTEE CO-CHAIRS: José Arrojo, ASA, SAO (305) 547-0309; e-mail: [email protected] Chief Steven Steinberg, Aventura PD (305) 466-8996; e-mail: [email protected] David Waksman, ASA, SAO (305) 547-0445; e-mail: [email protected] Capt. Mike Hernandez, M-DPD, (305) 375-5086 [email protected] Fran Miller, Inv., SAO, (305) 547-0669 e-mail: [email protected] Committee Members: Lt. Ralph Gracia, Hialeah PD Abbe Rifkin, ASA, SAO Lt. David Evans, M-DPD, Airport Lt. Willie Hill, Pinecrest PD Det. Robert Garland, M-DPD Ofcr. Roger Ruano, Corrections Lt. Efren Lopez, M-DPD, City of Doral Det. Norma Dieppa, CGPD Susan Leah Dechovitz, ASA, SAO Ofcr. Nelson Delgado, VGPD Audrey Frank-Aponte, ASA, SAO Lt. Marshall Gilreath, M-DPD Lt. William Riley, MBPD Sgt. Danny Formosa, Coral Gables PD Sgt. Carlos Arguelles, M-DPD, City of Doral Captain Luis Bazo, M-DPD, Police Administrative Bureau JUVENILE SUBCOMMITTEE CO-CHAIRS: Leon Botkin, ASA (305) 637-1300 e-mail: [email protected] Olanike Adebayo, M-DPD, Legal Unit e-mail: [email protected] Committee Members: Sgt. Ian Moffett, M-DSBPD Lt. Walter Campbell, MBPD Ellen Skidmore, SAO Lt. Howard Ostlund, M-DPD, JAC PAWNSHOP SUBCOMMITTEE CO-CHAIRS: Colleen Kay, ASA, SAO (305) 547-0350; e-mail: [email protected] Committee Members: Det. Melissa Dejong, CGPD Pat Kiel DOMESTIC CRIMES SUBCOMMITTEE CO-CHAIRS: Leah Klein, ASA, SAO (305) 547-0132; e-mail [email protected] Major Michael A. Herrera, M-DPD (305) 305-418-7200 e-mail [email protected] Committee Members: Carrie Soubal, SAO Sarah Poux, MBPD Sgt. Jed Burger, MPD/CID/Violent Crimes/Domestic Violence Unit RAP SHEET SUBCOMMITTEE CO-CHAIRS: 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: Committee Members: Lt. Richard Pichardo, M-DPD, Cutler Ridge Shana Belyeu, ASA, SAO Audrey Frank-Aponte, ASA, SAO Brenda Mezick, ASA, SAO TRAINING SUBCOMMITTEE CO-CHAIRS: Capt. Miguel Hernandez, M-DPD, Court Services (305) 375-5086; e-mail: [email protected] Susan Dechovitz, ASA, SAO; 547-0309 e-mail: [email protected] Tom Headley, ASA, SAO; 547- 547-0186 e-mail: [email protected] Sgt. Barry Mankes, M-DPD, Intracoastal District (305) 940-9980 Committee Members: Sgt. Ian Moffett, M-DSBPD Det. David Adlet, EPPD Lt. Van Toth, Hialeah Gardens PD Oliver Spicer, Jr., M-DPD Sgt. Lynnise Jones-Curry, M-DPD Ofcr. Chad Rosen, Surfside PD Capt. Luis Bazo, M-DPD Shana Belyeu, ASA, SAO David Waksman, ASA, SAO OPERATIONS SUBCOMMITTEE CO-CHAIRS: Major Carmen Pichardo, M-DPD, Property and Evidence Bureau, (305) 471-2900, [email protected] Major Kathy Katerman, NMBPD, (305) 948-2929, [email protected] Dreama Oliver, SAO, Administrator, Felony Operations, (305) 547-0307, [email protected] Committee Members: Lt. Albert Vila, MPD Bill Altfield, ASA, SAO Sgt. Gladys Amato, MPD Jay Pollen, MPD Liaison Subcommittee CO-CHAIRS: Kathleen Hoague, SAO, (305) 547-0522; e-mail: [email protected] Maria Diaz, SAO, (305) 547-0331; e-mail: [email protected] Sgt. Betty Jewett, M-DPD, (305) 548-5775 [email protected]
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