IN the DISTRICT COURT of APPEAL FIRST DISTRICT of FLORIDA FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., JOHN DOE 1, and JOHN
Filing # 111774980 E-Filed 08/13/2020 05:09:08 PM
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT OF FLORIDA
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., JOHN DOE 1, and JOHN DOE 2,
Appellants, Case No. 1D20-2193
v. L.T. Case No. 2020-CA-1011
CITY OF TALLAHASSEE, FLORIDA,
Appellee.
ON REVIEW FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA
APPENDIX TO APPELLEE’S MOTION FOR REVIEW OF ORDER GRANTING “AUTOMATIC STAY”
CASSANDRA K. JACKSON PHILIP J. PADOVANO Florida Bar No. 650757 Florida Bar No. 157473 HANNAH D. MONROE JOSEPH T. EAGLETON Florida Bar No. 102762 Florida Bar No. 98492 CITY ATTORNEY’S OFFICE BRANNOCK HUMPHRIES 300 S. Adams Street, Box A-5 & BERMAN Tallahassee, FL 32301 1111 W. Cass Street, Suite 200 RECEIVED, 08/13/202005:09:33 PM,Clerk,First District CourtofAppeal Tel: (850) 891-8554 Tampa, FL 33606 [email protected] Tel: (813) 223-4300 [email protected] [email protected] [email protected] Secondary: [email protected]
Counsel for Appellee APPENDIX TO APPELLEE’S MOTION FOR REVIEW OF ORDER GRANTING “AUTOMATIC STAY”
TAB DOCUMENT DATE PAGES
-- Appendix Index 8/13/2020 1-3
A. Petition for Declaratory Judgment, Mandamus 6/12/2020 4-108 Relief, and Injunctive Relief
B. Order on Petition for Declaratory Judgment, 7/24/2020 109-113 Writ of Mandamus, and Preliminary Injunction
C. Motion to Enforce Automatic Stay 7/24/2020 114-117
D. City of Tallahassee’s Response in Opposition 7/24/2020 118-121 to Motion to Enforce Stay
E. News Media’s Opposition to Motion to Enforce 7/24/2020 122-124 Automatic Stay
F. Supplement to Motion to Enforce Automatic 7/27/2020 125-128 Stay
G. Order Enforcing Automatic Stay 7/31/2020 129
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the Florida Court’s E-Filing Portal on all counsel in the attached service list on this 13th day of August 2020.
/s/Philip J. Padovano CASSANDRA K. JACKSON PHILIP J. PADOVANO Florida Bar No. 650757 Florida Bar No. 157473 HANNAH D. MONROE JOSEPH T. EAGLETON Florida Bar No. 102762 Florida Bar No. 98492 2
CITY ATTORNEY’S OFFICE BRANNOCK HUMPHRIES 300 S. Adams Street, Box A-5 & BERMAN Tallahassee, FL 32301 1111 W. Cass Street, Suite 200 Tel: (850) 891-8554 Tampa, FL 33606 [email protected] Tel: (813) 223-4300 [email protected] [email protected] [email protected] Secondary: [email protected]
Counsel for Appellee
SERVICE LIST
Counsel for Intervenor, News Media: Counsel for Appellants:
Carol Jean LoCicero Luke Newman Mark R. Caramanica Luke Newman, P.A. Thomas & LoCicero PL 908 Thomasville Road 601 S. Boulevard Tallahassee, FL 32303 Tampa, FL 33606 [email protected] [email protected] Secondary: [email protected] Stephen G. Webster [email protected] Louis J. Baptiste Secondary: [email protected] The Law Offices of Stephen G. Webster LLC Daniela B. Abratt 1615 Village Square Blvd., Suite 5 Thomas & LoCicero PL Tallahassee, FL 32309 915 Middle River Drive, Suite 309 [email protected] Fort Lauderdale, FL 33304 [email protected] [email protected] Secondary: [email protected] Stephanie Dobson Webster Florida Police Benevolent Association 300 E. Brevard Street Tallahassee, FL 32301 [email protected]
3
Filing # 108807586 E-Filed 06/1212020 03:28:45 PM
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., A Florida Citizen; JOHN DOE 1, and JOHN DOE 2, A Florida Citizen,
Petitioners,
CASE NO.: 2020 CA 1011 vs.
CITY OF TALLAHASSEE, FLORIDA,
Respondent. ______1
PETITION FOR DECLARATORY JUDGMENT, MANDAMUS RELIEF, AND INJUNCTIVE RELIEF
COME NOW Petitioners, FLORIDA POLICE BENEVOLENT ASSOCIATION, INC.,
and JOHN DOE 1, and JOHN DOE 2, by and through undersigned counsel and pursuant to Article
I, §§ 16 & 24 of the Florida Constitution; Chapters 86 & 119 Florida Statutes; and Rule 1.610,
Florida Rules of Civil Procedure, and file this Petition for Declaratory Judgment, Mandamus
Relief, and Injunctive Relief, and in support thereof would state as follows:
JURISDICTIONAL ALLEGATIONS
1.) This is a petition for declaratory judgment, mandamus relief, and injunctive relief
pursuant to Article I, § 16 of the Florida Constitution; Chapters 86 & 119 Florida
Statutes; and Rule 1.610, Florida Rules of Civil Procedure.
2.) Petitioner, FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. [hereinafter
"PBA"], is a citizen ofthe State of Florida and has standing to bring this action. Miami-
Dade County v. Professional Law Enforcement, 997 So.2d 1289 (3d DCA 2009).
1 4 3.) Petitioners JOHN DOE 1 [hereinafter "Doe I"] and JOHN DOE 2 [hereinafter "Doe
2"], are citizens of the State of Florida and have standing to bring this action. Included
among the rights and privileges being asserted by Doe 1 and Doe 2 is a constitutional
right, as crime victims, to have their personal identifying information deemed
confidential. See Art. I, § 16, Fla. Const. As such, the Florida Constitution provides
Doel and Doe 2 with a reasonable expectation of privacy and a concomitant right to
proceed in this cause anonymously. See generally Doe v. State, 901 So.2d 881 (Fla.
4th DCA 2005).
4.) Primarily, Petitioners seek a declaration of their rights as crime victims pursuant to
Article I, § 16 of the Florida Constitution.
5.) The Respondent, CITY OF TALLAHASSEE, FLORIDA [hereinafter "COT"
"Respondent" or "City"], is a municipality duly organized and existing under the laws
of the State of Florida. COT has a duty to abide by, protect, and enforce the rights and
privileges guaranteed to all Florida citizens.
6.) PBA is the certified bargaining agent (Union) which represents Tallahassee Police
Department officers and has standing to bring this action.
7.) Doe 1 and Doe 2 are sworn law enforcement officers who are employed with the
Tallahassee Police Department [hereinafter "TPD"]. Doe 1 and Doe 2 were threatened
with deadly weapons while working in their official capacity as law enforcement
officers. In defense of their lives, Doe 1 and Doe 2 were forced to utilize deadly force
against their attackers.
2 5 8.) Section 784.011, Florida Statutes, defines an assault as "an intentional, unlawful threat
by word or act to do violence to the person of another, coupled with an apparent ability
to do so, and doing some act which creates a well-founded fear in such other person
that such violence is imminent." Section 784.021, Florida Statutes, enhances the crime
of simple assault to a felony when the assault includes the use of a deadly weapon.
9.) Petitioners have requested that COT protect and enforce their rights as crime victims,
but Respondent has refused to recognize Doe 1 and Doe 2 as victims. See email dated
June 4,2020, a true and correct copy of which is attached hereto as Exhibit "P-l". As
such, an adverse interest exists between the parties concerning the Petitioner's
constitutional rights as guaranteed to all crime victims in Florida. This places the
Petitioners' rights or privileges in doubt, and they request that this Court remove that
doubt. Grable v. Hillsborough County Port Authority, 132 So.2d 423 (Fla. 2d DCA
1961).
10.) In addition to the request for a declaration from this Court, Petitioners also request
that the Court issue an alternative writ of mandamus requiring the Respondent to show
cause as to why the relief sought herein should not be granted. Lastly, Petitioners seek
a preliminary injunction to preserve the status quo until the Court can rule on the merits
of this Petition which is necessary to protect the Petitioners from suffering irreparable
harm.
3 6 VENUE
11.) The acts or omissions which give rise to this cause of action occurred in Leon
County and the Respondent is situated in Leon County. Section 47.011, Florida
Statutes.
12.) Moreover, this Court has jurisdiction to "declare rights, status and other equitable
or legal relations". Sec. 86.011, Fla. Stat.
13.) Lastly, this court has subject matter jurisdiction to grant mandamus relief, and the
place for the performance of the duty at issue lies in this Court's jurisdiction. State ex
reI. Anderson et al. v. Parks, Circuit Judge, 94 Fla. 91 (Fla. 1927).
14.) As such, venue is proper in this Court.
LEGAL FRAMEWORK
I. Art. I, §16 "Marsy's Law"
15.) In 2018, Florida citizens voted to amend the Florida Constitution to include an
express recognition that all crime victims are entitled to certain rights and protections.
16.) That constitutional amendment is ratified at Article I, Section 16, and is commonly
referred to as "Marsy's Law".
17.) Marsy's Law recognizes that crime victims need and deserve protections and that
they enjoy certain rights and privileges as victims of crime. Art. ], § 16, Fla. Const.
18.) Marsy's Law defines a victim as "a person who suffers direct or threatened
physical, psychological, or financial harm as a result of the commission or attempted
commission ofa crime." Art. I, § 16(b )(11 )( e).
19.) The definition of victim specifically excludes "the accused." Id.
4 7 20.) Marsy's Law guarantees that a "victim, the retained attorney of the victim, [or] a
lawful representative of the victim," is allowed "as a matter of right" to assert the
protections enumerated in Article I, § 16(b), in any court which has jurisdiction. Id. §
16(b )(11)( c).
21.) Marsy's Law also states that a court with jurisdiction "shall act promptly, on a
victim's request for the enforcement of any right afforded to them in Marsy's Law."
Id. § 16(b)(1l)(c).
22.) Marsy's Law and the rights provided therein "are self-executing, and do not require
implementing legislation." 1 Id. § 16(b )(11)( d).
23.) Marsy's Law states that every victim is entitled to be "free from intimidation,
harassment, and abuse" and provides that every victim has the "right to prevent the
disclosure of information or records that could be used to locate or harass the victim."
Art. I, § 16(b), Fla. Const.
24.) The Florida Supreme Court has previously acknowledged that despite their
professional status, police officers are persons who can be the victim of a crime and
who deserve the full protection that Florida law affords to crime victims. State v.
Peraza, 259 So.3d 728 (Fla. 2018).
1 Nonetheless, an attempt was made to codifY Marsy's Law into statute. See Senate Bill 1426, a copy of which is attached hereto as Exhibit "P-2". That bill attempted to exclude law enforcement officers from the definition of "victim" as provided in Marsy's Law, but the bill failed to move beyond its first committee hearing and no companion bill was filed in the House of Representatives. Senate Bill 1426 was indefinitely postponed and was withdrawn from consideration. The Bill died in the Criminal Justice committee.
5 8 25.) In Peraza, the State appealed a ruling by the Fourth District Court of Appeals which
affirmed the trial court's dismissal of criminal charges against a police officer who
asserted his use of deadly force was protected through Florida's Stand Your Ground
Law as provided at Section 776.032(1), Florida Statute.
26.) The Florida Supreme Court accepted jurisdiction of the question after a conflict
was certified with an opinion from the Second District Court of Appeals where that
court determined that police officers were not entitled to assert a Stand Your Ground
defense. State v. Caamano, 105 So.3d 18 (Fla. 2d DCA 2012).
27.) In resolving the conflict, the Florida Supreme Court rejected the State's argument
that police officers were ineligible to assert Stand Your Ground as a defense, which the
State argued was preempted by Section 776.05, Florida Statute, which outlines the use
of deadly force by police officers. Peraza, 259 So.3d at 731-32.
28.) In short, the Florida Supreme Court held that police officers are "persons" and are
thereby entitled to the protections of Florida's laws, unless the law specifically provides
otherwise.
29.) Marsy's law does not exclude law enforcement officers from its definition of victim
either generally or specifically. See Art. I, § 16(b), Fla. Const.
30.) In fact, Marsy's Law states: "nothing contained herein is intended to create a special
relationship between the crime victim and any law enforcement agency or office absent
a special relationship or duty as defined by Florida law. Id. at (b )(3).
6 9 31.) Doe 1 and Doe 2 enj oy a special relationship with TPD due to their employment
with that agency, and this provision makes clear that Marsy's Law contemplated that
people who did enjoy a special relationship with a law enforcement agency (officers
employed with that agency) can be crime victims and afforded the protections of Article
I, Section 16.).
II. Statutory Rights of Crime Victims
32.) In addition to Marsy's Law, Section 960.001, Florida Statutes, also delineates rights
that are guaranteed to crime victims in Florida.
33.) For example, crime victims have a statutory right "to be informed, to be present,
and to be heard when relevant, at all crucial stages of a criminal or juvenile
proceeding." See § 960.001(1)(a), Fla. Stat.
34.) In addition to being informed, crime victims also enjoy a statutory right to be
consulted and to offer input regarding pretrial release of the criminally accused, any
plea offer, or sentence imposed. Id. § 960.001(1)(g)1.
III. Access to pu blic records and duties of records custodians
35.) Article I, § 24 of the Florida Constitution guarantees that "[ e ]very person has the
right to inspect or copy any public record made or received in connection with the
official business of any public body, officer, or employee of the state, or persons acting
on their behalf, except with respect to records exempted pursuant to this section or
specifically made confidential by this Constitution." Art I, § 24(a), Fla. Const.
(emphasis added).
7 10 36.) As such, Article I, § 24 recognizes that constitutional provisions can designate
material exempt from the public record; and Article I, Section 16 does not conflict with
Article I, Section 24. Id.
37.) Article I, § 24( c) provides that statutory exemptions may be created by general law
where those exemptions are "passed by a two-thirds vote of each house" and as long as
any newly enacted exemption "state with specificity the public necessity justifying the
exemption." Section 24 further requires that any such statutory exemption be "no
broader than necessary to accomplish the stated purpose of the law."
38.) Section] 19.07, Florida Statutes, outlines the responsibilities imposed on a public
records custodian or their designee. That statutory section draws a distinction between
information that is exempt from inspection versus information that is deemed
confidential. § 119.07 (1 )( f).
39.) Section 119.07(2)(b) requires that a custodian of public records safeguard and
protect the contents of public records "to prevent the disclosure or modification of those
portions of public records which are exempt or confidential from [subsection 119.07(1)
or Article I, § 24, Florida Constitution]."
40.) Accordingly, a custodian of records is legally obligated to shield from disclosure
any confidential information as provided in Florida's Constitution, as is stated in
Article I, Section 24.
41.) That duty extends to the information deemed confidential within Marsy's Law.
42.) Lastly, section 119.105, Florida Statutes, provides that information contained in
police reports is subject to examination as a public record except where the information
is "otherwise made exempt or made confidential."
8 11 IV. Constitutional and Statutory Construction
43.) Florida's Constitution serves as a limitation on the legislature's power. Notami
Hosp. of Florida, Inc. v. Bowen, 927 So.2d 139, 142 (Fla. 1st DCA 2006).
44.) As a result, a statute cannot restrict any right granted by the Constitution, and where
a statute conflicts with the Constitution, "the statute must fall." Id.
45.) That principle holds true when a statute predates a constitutional amendment. Id.
46.) Lastly, courts are afforded less latitude "when construing constitutional provisions
because it is presumed that they have been more carefully and deliberately framed than
statutes." Department of Environmental Protection v. Millender, 666 So.2d 882, 886
(Fla. 1996).
V. Declaratory Relief
47.) As provided in section 86.011, Florida Statutes, a circuit court has "jurisdiction to
declare rights, status, and other equitable or legal relations, whether or not further relief
is or could be claimed."
48.) Section 86.011 adds that a circuit court can render a declaratory judgment on the
existence or nonexistence:
"( 1) of any immunity, power, privilege, or right; or
(2) of any fact upon which the existence of such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action."
9 12 49.) As provided in section 86.051, Florida Statutes, a circuit court can enter a
declaration as to acts that are anticipated but have not yet occurred, and any such
declaratory judgment "shall have the same binding effect with respect to that future act
or event."
50.) However, a declaratory decree should not be entered where there is no "bona fide
dispute between the contending parties" and declaratory relief should not be used to
assist a party with "making up his mind in coming to a decision." Helfrich v. City of
Jacksonville, 204 So.3d 39 (Fla. 1st DCA 2016)(intemal quotations and citations
omitted).
VI. Mandamus Relief
51.) Mandamus is a common law remedy that serves to compel a public official to
perform an indisputably ministerial duty and for which mandamus is the only available
remedy. Randall v. Florida Department of Law Enforcement, 791 So.2d 1238 (Fla. 1st
DCA 2001).
52.) To obtain mandamus relief, a petitioner must show a right to the performance of a
ministerial act by a public officer where the law provides the petitioner with no other
remedy. Hatten v. State, 561 So.2d 562,563 (Fla. 1990).
VII. Preliminary Injunctive Relief
53.) Rule 1.1610 permits the entry of a temporary injunction2 where a movant shows
"by affidavit or verified pleading that immediate and irreparable injury, loss, or damage
will result to the movant before the adverse party can be heard in opposition." Rule
1.610(a)(I)(A), Fla.R.Civ.P.
2 Preliminary injunctions can be entered ex parte. 10 13 54.) Preliminary or temporary injunctions are designed to maintain the status quo while
a court works towards resolving a controversy on the merits. Camji v. Helmsley, 602
So.2d 617,618 (Fla. 3d DCA 1992).
55.) Circuit courts have broad discretion to enter or dissolve a temporary injunction.
Brock v. Brock, 667 So.2d 310,311 (Fla. 1st DCA 1995).
56.) However, preliminary injunctions are an extraordinary remedy that should be
granted sparingly. City ofJacksonville v. Naegele, 634 So.2d 750 (Fla. 1st DCA 1994).
57.) To warrant the entry of a preliminary injunction, a movant must show (1) a
likelihood of irreparable harm; (2) no adequate remedy at law; (3) a substantial
likelihood of success on the merits; and (4) entry of the preliminary injunction is
supported by considerations of the public interest. Id. at 752.
58.) What constitutes "irreparable harm" has been difficult to clearly define, but it is
widely accepted that purely economic injury will rarely constitute irreparable harm.
Kailin Hu v. Haitian Hu, 942 So.2d 992, 995 (Fla. 5th DCA 2006).
59.) However, the Florida Supreme Court has held that irreparable harm should be
presumed when the controversy involves a disclosure of confidential information.
Capraro v. Lanier Vus. Prods., Inc., 466 So.2d 212 (Fla. 1985) (holding that a
controversy involving trade secrets necessarily included a claim for both injunctive
relief and economic damages, which gave rise to a presumption that irreparable injury
would follow improper disclosure.)
11 14 60.) The absence of an adequate remedy of law is oftentimes subsumed within a
showing of irreparable harm, given that irreparable harm most often exists where no
adequate legal remedy exists. De Leon v. Aerochango, S.A., 593 So.2d 558,559 (Fla.
3d DCA 1992).
61.) To establish a substantial likelihood of success, a movant must demonstrate a
"prima facie, clear legal right to the relief requested." Naegele, 634 So.2d at 753
(internal quotations omitted).
62.) Finally, much like irreparable harm, courts have struggled to define what disserves
the public interest and have adopted a case by case approach to that consideration. Id.
FACTUAL BACKGROUND
63.) On March 20,2020, Tallahassee police officers attempted to conduct a traffic stop
on a vehicle that was reported stolen. See Tallahassee Press Release attached hereto as
Exhibit "P-2". The officers disengaged from the pursuit after the suspect vehicle fled
at a dangerous rate of speed. Id. The suspect vehicle was nonetheless monitored by
the Leon County Sheriff's Office Aviation Unit after the pursuit ended. Id. at pg. 2.
After TPD disengaged, the suspect attempted a carj acking which prompted TPD
officers to reinitiate the pursuit. Id. During the second pursuit, the suspect lost control
of the stolen vehicle and crashed. Id. At that point, the suspect fled on foot and
attempted a second carjacking. TPD Officer Justin Davidson prevented the carjacking
and attempted to physically apprehend the suspect. Id. Officer Davidson deployed his
TASER twice to gain compliance, but the TASER failed to have the desired effect
which led to a physical fight ensuing between Davidson and the suspect. Id. During
the physical confrontation, the suspect attempted to obtain control of Davidson's
12 15 firearm at which point fellow TPD Officer Zackri Jones was forced to fire a single shot
fatally wounding the criminal suspect. Id. Given that Officer Davidson was attacked
by the criminal suspect, the City declared that he was "a victim" and recognized that
he was entitled to have his identity deemed confidential pursuant to Marsy's Law. Id.
Nonetheless, Officer Davidson was asked by the City ifhe wished to have his identity
deemed confidential and withheld from the public record, but he waived that right and
his name was released.
I. Facts and circumstances surrounding the attack on Doe 1
64.) At approximately 1:40 a.m. on the morning of May 19,2020, Doe 1 was nearing
the completion of his assigned work shift when he responded to a call for service at a
Circle K on North Monroe Street. The complaining citizen showed obvious signs of
trauma and explained that he was beaten by an unidentified white male. The victim
stated the attack occurred at an abandoned restaurant located directly across the street
from the Circle K convenience store. The complainant requested that TPD officers
retrieve his cell phone from that location, which he dropped during the attack. He also
noted that the suspect was armed with knives and that the suspect had been openly
brandishing said knives during the confrontation.
65.) Doe 1 responded to the suspect's location and began to look for the victim's cellular
telephone. While scanning the area with his flashlight, Doe 1 saw the suspect partially
concealed in some bushes. Doe 1 repeatedly ordered the suspect to step out of the
bushes and the suspect eventually stood up. However, the suspect continued to conceal
his right hand behind the bush. Doe 1 ordered the suspect to show his hands at which
point the suspect rushed towards Doe 1 revealing a knife that he was holding in his
13 16 right hand. The suspect was brandishing the knife in a threatening manner and verbally
threatened to kill Doe 1. In response to that imminent threat, Doe 1 discharged his
firearm at the aggressing suspect while attempting to retreat from the threat. The
suspect eventually collapsed to the ground, and backup arrived immediately at the
scene. The suspect was handcuffed, and medical aid was rendered. The suspect later
died from his injuries.
66.) The suspect was approximately 10-15 feet away from Doe 1 as he was rushing
headlong towards Doe 1 while armed with a knife. As such, Doe 1 was a victim of an
aggravated assault with a deadly weapon, and he had no choice but to use deadly force
in defense of his life.
67.) Doe 1 requested that his information be deemed confidential pursuant to Marsy's
Law, and the City did not object to that request or deny that he was not entitled to the
protections of Article I, Section 16, until after George Floyd was killed in Minneapolis
on May 25,2020. That occurred two day before the attack on Doe 2 occurred.
II. Facts and circumstances surrounding the attack on Doe 2
68.) On May 26,2020, Natosha "Tony" McDade3 had a physical confrontation with five
individuals. The circumstances surrounding that confrontation are unclear, but it is
believed that McDade initiated that confrontation. McDade was severely beaten during
that confrontation, and the event was uploaded to social media.
3 McDade identified as a male. 14 17 69.) In the hours that followed that physical confrontation, McDade livestreamed a
video recording wherein he promised to murder the five people he fought on May 26,
2020. The video was transcribed, and a copy of the transcript is attached hereto as
Exhibit "P-3".
70.) In that video, McDade stated "it took five of you to kick and punch and have me
on the ground in a fetal position. But you know what? Y'all ain't going to look the
same when them bullets touch your dome." Id. at pg. 4, lines 4-9. 4
71.) McDade went on to immediately add "I am telling you five mother fuckers that you
are going to die ifI ever see you." Id. at pg. 4, lines 11-13.
72.) McDade continually repeated his intent to murder those who he blamed for beating
him on May 26,2020. Id. at pg. 7, line 22; pg. 8, lines 20-22; pg. 20, lines 14-16.
73.) McDade also made the following ominous assurance: "after I get to killing you
bitches, I am going to get back on live, if I have the opportunity, because I will not be
going back to prison. Me and the law will have a standoff after I end you bitches'
lives." Id. at pg. 5, lines 15-19.
74.) McDade stated he was "living suicidal right now" and described his plan as a
"suicide mission." Id. at pg. 8, lines 13-15.
75.) McDade repeated his intention to die as opposed to returning to prison. Tr. pg. 9,
lines 17-18.
76.) McDade held up a pistol as he added "Tony the Tiger is going to do, hold courts in
the streets. You see-." Tr. pg. 10, lines 1-3.
4 This motion quotes McDade as transcribed without qualifYing slang or errors. 15 18 77.) McDade identified the gun as a being a .25 caliber pistol, and he requested that his
audience provide additional bullets "because I am going to need every single bullet I
can get. But if! don't get any, I already got [enough] for tomorrow." Id. at pg. 26,
lines 8-13.
78.) McDade closed the video by stating "just know before I kill myself through a
shootout, because that's what's going to happen, because I am going to pull it out, and
you know officers nowadays, they see a gun, they just want to shoot." Id. at pg. 37,
lines 4-9.
79.) Doe 2 worked as a patrol officer the following day, May 27,2020.
80.) Doe 2 did not know McDade and had no information about McDade's Facebook
video or his homicidal/suicidal intentions.
81.) Doe 2 was wearing a police uniform and driving a marked patrol car.
82.) As such, Doe 2 was easily identified as a law enforcement officer.
83.) Doe 2 responded to a call for service related to a stabbingS where the suspect was
reported to have fled the scene.
84.) The call described the suspect as bald, wearing all black, and armed with a gun.
85.) Doe 2 drove his marked patrol car to the area where the suspect had allegedly fled
where he encountered a vehicle parked in the roadway facing his direction of travel.
86.) An unidentified person was leaning into the passenger window of the parked
vehicle.
87.) The unidentified person was later learned to be McDade.
5 It has been reported that McDade was responsible for the stabbing and that the victim of that crime died from his wounds. 16 19 88.) Another patrol officer was approaching the parked vehicle from the opposite
direction.
89.) As the second patrol vehicle neared the rear of the parked car, a woman leapt from
that vehicle and rushed towards the second patrol vehicle. That officer exited his patrol
vehicle and began speaking with the citizen who was frantically pleading for help. Due
to her frantic state the citizen was largely incoherent, but the officer could make out
that the citizen was claiming somebody was "suicidal"6.
90.) That citizen was McDade's Mother.
91.) While that was occurring, McDade began to take steps towards the second officer,
but pivoted back towards Doe 2 when his Mother entered his would-be line of fire with
the second patrol officer.
92.) Thereafter, McDade aggressed towards Doe 2 and punched his arms out in a
shooting stance. Doe 2 was sitting inside his patrol vehicle when McDade began
advancing toward him.
93.) Doe 2 was completely caught off guard by the unidentified person who was
approaching toward him in an aggressive fashion, and he immediately recognized that
the unidentified person was pointing a firearm at him.
94.) This realization placed Doe 2 in fear for his life.
95.) As such, Doe 2 was the victim of an aggravated assault with a deadly weapon as
defined in § 784.021, Florida Statute. 7
6 The officer did not know that the suicidal person was the stabbing suspect they had been dispatched to find, and neither officer knew anything about McDade's previous Facebook live video where he outlined his murderous plot or suicidal intent.
7 It is important to note that had McDade survived, he would likely have been charged with aggravated assault with a deadly weapon and a criminal information would have been filed against 17 20 96.) In self-defense, Doe 2 managed to partially exit his patrol vehicle and discharge his
firearm.
97.) McDade fell to the ground but continued to reach for the firearm.
98.) The second patrol officer, who had witnessed the entire event along with McDade's
Mother, quickly approached McDade while Doe 2 remained at a distance providing
cover.
99.) The second patrol officer retrieved the firearm to ensure that McDade did not
reacquire possession of the gun.
100.) Backup arrived immediately on scene and medical aid was rendered as soon as the
scene was secure.
101.) Bystanders who arrived after the shooting immediately began to threaten the
officers.
III. Respondent's interpretation of Marsy's Law and Procedural Background
102.) As was discussed above in paragraph 58, as of March 20, 2020, the Respondent
interpreted Marsy's Law as applying to law enforcement officers who become a victim
of crime while serving in their official capacity. Exhibit "P-l".
103.) The Respondent reaffirmed that interpretation through the circumstances that
surrounded the aggravated assault against Doe 1.
him for that charge and would have listed Doe 2 as the victim. Petitioners would request that the court take judicial notice of the numerous criminal informations that have been filed in this circuit and which exist in this court's own records wherein law enforcements officers are identified as victims for crimes committed against them while serving in their official capacity. 18 21 104.) However, on the afternoon of Friday, May 29, 2020, undersigned counsel was
contacted by City Attorney Cassandra Jackson who stated that the Respondent had
changed its position on the application ofMarsy's Law to law enforcement officers.
105.) City Attorney Jackson informed undersigned counsel that the Respondent intended
to reveal the names of the officers, and undersigned counsel requested an opportunity
to seek a court ruling prior to the release of that information.
106.) City Attorney Jackson inquired ifundersigned counsel would file something on that
same date, and undersigned counsel noted that more time would be necessary.
107.) Undersigned counsel stated that he would submit a filing to Circuit Court on
Monday June 1,2020.
108.) On Sunday May 31, 2020, undersigned counsel informed City Attorney Jackson
that he was finalizing a motion for preliminary injunction for filing on Monday June 1,
2020. See email dated May 31, 2020, a true and correct copy of which is attached
hereto as Exhibit "P-4".
109.) Undersigned counsel requested that City Attorney Jackson confirm whether the
Respondent opposed the entry ofthe preliminary injunction so that undersigned counsel
could include the results of that conferral within the motion. Id. City Attorney Jackson
did not respond to that email.
110.) On Monday June 1, 2020, undersigned counsel provided City Attorney Jackson
with a copy of the motion for preliminary injunction and repeated his request for a
conferral, at which point City Attorney Jackson stated that she would reply after
conferring with her client. See email dated June 1, 2020, a true and correct copy of
which is attached hereto as Exhibit "P-5".
19 22 Ill.) No such response was provided, and undersigned counsel filed the motion as
agreed.
112.) On June 1, 2020, the Respondent filed a response to the motion for preliminary
injunction that seemed to oppose the entry of a preliminary injunction, but an express
statement in opposition was not included within the responsive filing.
1l3.) The court called the motion up for a hearing on June 4,2020, a transcript of which
is attached hereto as Exhibit "P-6".
114.) During the hearing, the Court requested that the Respondent clarifY whether it
opposed the motion for preliminary injunction and Respondent stated it could "see both
sides" and added the City was "seeking guidance from the Court on what our
obligations are under the law." Id. at pg. 25, lines 8-l3.
115.) The Court denied the motion after determining that no case or controversy existed,
and further advised that the Petitioner should serve a copy of any future filings on the
State Attorney and the Attorney General, pursuant to Rule 1.071, Florida Rules of Civil
Procedure. Id. at pp 25-28.
116.) The hearing concluded at 12:45 p.m., and undersigned counsel received an email
that same day at 5:06 p.m. wherein the Respondent confirmed that it did not believe
Marsy's Law applied to law enforcement officers and further noted that the City
intended to release their names on Monday June 8, 2020. See email dated June 4,2020,
a true and correct copy of which is attached hereto as Exhibit "P-l".
117.) Petitioner requested more time to prepare this filing and the City agreed that
Petitioners could have until the close of business on June 12,2020 to bring this issue
back before the Court.
20 23 8 118.) On June 10,2020, the "News Media" filed a motion to intervene in this cause .
ARGUMENT
119.) Police officers are included within the broad definition of "victim" as provided in
Article I, Section 16.
120.) The Court cannot look beyond the plain language of Article I, Section 16, because
the law presumes constitutional amendments are "more carefully and deliberately
framed than statutes." City of Jacksonville, 666 So.2d at 886.
121.) This conclusion is also consistent with the language of Article 1, Section 24, which
exempts from the public record any information that is deemed confidential by any
provision of the Florida Constitution.
122.) For these reasons, one must conclude that police officers have a constitutional right
of confidentiality, as is afforded to all crime victims in Florida.
123.) It is important to note that the Constitutional definition of "victim" controls and
cannot be rebutted by any statutory provision, as constitutional provisions "prevail over
statutes where there is conflict.,,9 State ex reI. Curley v. McGeachy, 149 Fla. 633, 642
(Fla. 1942).
124.) As such, Doe 1 and Doe 2 have a constitutional right to demand that the City's
custodian of records exempt as confidential any information that could be used to locate
or harass them or their family.
125.) Doe 1 and Doe 2 have made that request, but in the wake of the killing of George
Floyd, the City has reversed its position on the applicability of Marsy's Law to police
8 Petitioners do not object to that motion.
9 Petitioners do not concede that Article I, Section 16 conflicts with any statutory provision. 21 24 officers and is now denying that law enforcement officers can be victims of crime while
working in their official capacity.
126.) The City has not provided any legal authority to justifY its new interpretation of
Marsy's Law and it is reasonable to conclude that the City is merely acceding to public
pressure in response to the tragic death of George Floyd.
127.) There exists a dispute as to the rights of Doe 1 and Doe 2, and Petitioners request a
declaration from this Court that they are not excluded from the broad definition of
victim as provided in Marsy's Law, and Petitioners request an order mandating that the
City refrain from releasing any information that could identifY them.
128.) Given that Marsy's Law does not exclude law enforcement officers from its
protections and given that confidentiality cannot be recaptured once disclosure has
occurred, this record supports the entry of a preliminary injunction to maintain the
status quo.
WHEREFORE, Petitioners, PBA, Doe 1, and Doe 2 request that this Honorable Court:
(1) accept jurisdiction of this motion and act promptly to afford Petitioners their rights
as provided in Marsy's Law;
(2) issue an alternative writ of mandamus compelling the City to show cause why the
relief requested herein should not be granted;
(3) enter a preliminary order enjoining the City of Tallahassee from releasing any
personal information that could be used to identifY or locate John Doe 1 or John
Doe 2; and
(4) granting any other relief the Court deems appropriate.
22 25 Certificate of Compliance with Florida Rule of Civil Procedure 1.071
Undersigned counsel hereby certifies that a copy of this Petition has been provided to the
Honorable Ashley Moody as Attorney General for the State of Florida and the Honorable Jack
Campbell as the State Attorney for the Second Judicial Circuit, in compliance with Florida Rule
of Civil Procedure 1.071. Attorney General Moody has not stated a position as to the relief
requested herein, but State Attorney Jack Campbell has indicated that he agrees with the
Petitioner's and that the protections of Marsy's Law apply to law enforcement who are crime victims while serving in their official capacity.
Certificate of Service
I HEREBY CERTIFY that on June 12th, 2020 a copy of the foregoing was electronically
filed with the Florida courts e-filing portal. A copy was electronically served to: Cassandra
Jackson, City Attorney's Office, [email protected]; Hannah D. Monroe, City
Attorney's Office, [email protected]; Carol Jean LoCicero, Thomas & LoCicero PL;
docicero(ii)ilolawfirm.com; and Mark E. Caramanica, Thomas & LoCicero PL;
mcaramanica(i:l/tlolawfirm.com. Additionally, per agreement, a copy of the foregoing will
electronically mailed to: Richard Martin, Florida Attorney General's Office,
oag.civil.escrv({l/mytloridalegaLcom; and Jack Campbell, Florida State Attorney 2nd Judicial
Circuit, campbell [email protected].
Respectfully submitted,
/s/ Stephen G. Webster Stephen G. Webster, Esq. FBN: 145054 Webster + Baptiste, PLLC 1615 Village Sq. Blvd, Suite 5 Tallahassee, FL 32309 Telephone: (850) 597-7142 Email: [email protected]
23 26 /s/ Stephanie Dobson Webster Stephanie Dobson Webster FBN: 694401 Florida Police Benevolent Association, Inc. 300 E. Brevard Street 201 Tallahassee, Florida Tel: (850) 222-3329 Facsimile: (850) 561-8898 Email: stephanie(G'!flpba.org
/s/ Louis J Baptiste Louis J. Baptiste, Esq. FBN: 126082 Webster + Baptiste PLLC 1615 Village Sq. Blvd, Suite 5 Tallahassee, FL 32309X Telephone: (850) 597-7142 Email: [email protected]
Attorneys for Petitioners
24 27 From: Monroe, Hannah
Good afternoon,
It is the City's position that Marsy's law is not applicable in this instance. On Monday, June 8, the City intends to release all public records that are not otherwise exempt under Florida law, which will include the name of the officer. Please accept this communication as notice of the intended disclosure.
Thank you,
Hannah Monroe, Esq. Assistant City Attorney, City of Tallahassee 300 S. Adams Street, Box A-5 Tallahassee, FL 32301 (850) 891-8554
From: Stephanie Webster
Please report any suspicious attachments, links, or requests for sensitive information.
Good afternoon Ms. Jackson and Ms. Monroe, In light of the judge's ruling today, the PBA is requesting clarification as to the City's intent to release Officer John Doe's personal information in response to requests for public records. As we are all aware, Chief Revell agrees with the PBA position that law enforcement officers can be victims of crime and they are entitled to the respect and protections afforded to every other crime victim in Florida. The PBA will continue to fight to protect Officer Doe's privacy interests and protect him from any further victimization. Officer Doe had to defend his life once already, and we intend to do everything in our legal authority to make sure he doesn't have to defend his life again. Please let us know the City's position as soon as possible.
Exhibit28 P-l Because the City is confused as to its legal obligations, we encourage you to seek an opinion from the Attorney General or the State Attorney. That seems like a reasonable step, and it would also address the valid concerns raised by Judge Dodson. If the City decides that it is going to release any records that could ultimately turn out to be a violation of Marsy's law, the PBA asks that you please provide advance notice of the disclosure so that we can take all necessary steps in the legal process to ensure that the Court has an opportunity to render a decision on the merits prior to disclosure. Thank you, Stephanie
29 Officer Involved Shooting (Update) I News Archive I Public Safety 6/6/20,12:30 PM
COVID-19 Local Impacts Information updates and changes to City services (/publicsafety/covid-19.aspx)
Officer Involved Shooting (Update)
March 25, 2020
Update, Monday 3/30
The involved officers in this case are Officer Zackri Jones, a seven-year officer assigned to the Violent Crimes Response Team, and Officer Justin Davidson, a four-year officer assigned to the Uniform Patrol Bureau.
During the arrest attempt, Officer Davidson was the first to approach the suspect. A foot pursuit ensued, and Davidson attempted to apprehend the suspect. Davidson fired his TASER twice in order to take the suspect into custody, and it did not have the desired effect. A physical fight then ensued between Davidson and the suspect. Officer Jones caught up to where the fight was occurring and fired the single, fatal shot.
In this event, Officer Davidson is considered a victim, and in accordance with Marsy's Law his name has been released with his permission.
Update, Wednesday 3/25
As the investigation into Friday's officer involved shooting continues, Investigators with TPD's Violent Crimes Unit are asking the public for assistance.
Attached is a photo which depicts the victim vehicle in the first of two carjacking attempts by the suspect. The event occurred in the Indianhead Acres/Lehigh neighborhood on Mountbatten Road
htt p s:/ /www.talgov.com/publicsafety/News/ 4 7 5 9. a spx Page1of3 Exhibit30 P-2 Officer Involved Shooting (Update) I News Archive I Public Safety 6/6/20,12:30 PM
approaching Jim Lee Road around 7:30pm. The photo shows the stolen black Chrysler 300 after forcing the victim vehicle to stop. The victim vehicle appears to be a silver SUV or minivan and is behind the suspect vehicle in the photo. The white vehicle in the driveway is uninvolved. After being forced to a stop, the victim vehicle immediately reversed away and was not seen again.
At this time, the occupant or occupants of the victim vehicle have not come forward and we have not identified them. We are asking them to contact the Violent Crimes Unit at 850-891-4200 or 850-251-2024, or Crime Stoppers at 850-574-TIPS.
Update, Saturday 3/21
In this incident, two officers were involved in the arrest attempt. One officer fired their handgun, and both are on administrative leave per policy during the investigation.
This is still an open and active investigation, and there are no more details to release at this time. As more information becomes available, it will be distributed via press release.
TPD is asking anyone who may have witnessed the incident but did not speak with an officer or investigator on scene, or anyone with information about the incident to please call 850-891-4200 and ask to speak with the Violent Crimes Unit. They may also remain anonymous by calling Crime Stoppers at 850-574-TIPS.
Update, Friday 3/20
th At approximately 7:00pm on March 20 , Tallahassee Police officers got behind a stolen vehicle in the area of Capital Circle NW. A traffic stop was initiated and the suspect vehicle fled from the stop. Officers fell back and listened to the movements of the vehicle as relayed by The Leon County Sheriff's Office Aviation Unit. The Aviation Unit called out that the suspect attempted a carjacking in the area of Mountbatten Road near Jim Lee Road. Another attempt was made to stop the vehicle and it fled again. Due to the carjacking attempt, a pursuit was authorized. It continued until the suspect vehicle lost control as it traveled northbound on Blairstone Road and crashed. No other vehicles were involved in the crash.
The suspect fled on foot and attempted to carjack a second car. Officers attempted to take him into custody and the suspect violently resisted, resulting in an officer firing their handgun. The suspect was struck by the gunfire and passed away from their injuries at the scene.
We are in the beginning stages of this investigation, and TPD's Violent Crimes Unit will be collecting and examining evidence and interviewing involved officers and any witnesses.
Deceased: Mychael Johnson, 31.
Original Post, Friday 3/20 The Tallahassee Police Department is currently investigating an officer involved shooting on
htt p s:/ /www.talgov.com/publicsafety/News/ 4 7 5 9. a spx Page2of3 31 Officer Involved Shooting (Update) I News Archive I Public Safety 6/6/20,12:30 PM
Blairstone Road just south of the intersection with Mahan Drive.
The officers involved came into contact with the suspect during an attempted carjacking following a pursuit.
This incident is currently still under investigation and there are no more details to release at this time.
Investigators with the Violent Crimes Unit have been called to the scene and have assumed the investigation. TPD is asking anyone who may have witnessed the incident but did not speak with an officer or investigator on scene, or anyone with information about the incident to please call 850-891-4200 and ask to speak with the Violent Crimes Unit. They may also remain anonymous by calling Crime Stoppers at 850-574-TIPS.
Contact Information Officer Kevin Bradshaw, 850-556-1726
Subscribe to News Releases Sign up to receive our news releases via email, along with many other features, with our Email Subscrip-tion Service (/subscribe)..
City Hall 300 S. Adams St. Tallahassee FL 32301 850.891.0000 Maps and Directions (https://www.google.com/maps/place/300+South+Adams+Street,Taliahassee,FL,32301) Contact Us (mailto:[email protected])
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htt p s:/ /www.talgov.com/publicsafety/News/ 4 7 5 9. a spx Page30f3 32 1
2
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4 I N RE:
5 TONY MCDADE
6 FACEBOOK VIDEO
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10 TRANSCRI BED BY: DEBRA KRI CK 11 COURT RE PORT ER
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15 PREMIER REPORTING 114 W 5TH AVENUE 16 TAL LAHASS EE, FLORI DA (850) 894- 0828 17
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25 Exhibit P-3
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 33Debbie Krick 2
1 EXCERPT OF PROCEEDINGS
2 MCDADE: What's goi ng on uni verse? Thi s shi t
3 gOI ng. Tony the Ti ger here.
4 (Showi ng bandaged el bow.)
5 MCDADE: I am goi ng tot ake take this
6 bandage off on my arm here so I can I et the worl d
7 VI ew what I had to go through today. All ri ght.
8 (Showi ng el bow on vi deo.)
9 MCDADE: Now see that. That came from the
10 s i dewal k when I was bei ng jumped by five pussy
11 niggers behi nd nobody.
12 J enni fer Jackson, everybody must go. I come
13 home from pri son bei ng the same loyal person I was
14 bef or e I went i n. But you know what I rea I i zeSt
15 universe? It's no loyalty. It's no love.
16 Acquai ntance I have.
17 My aunt i e a I ways t 01 d me, you mi ght have one
18 real friend, but everybody else, look at them as a
19 busi ness partner, or just an acquai ntance, and I
20 should have I istened to her. I wouldn't have these
21 two knots and thi s scar to del i ght me --
22 (Phone rings.)
23 MCDADE: -- if I woul d have list ened to my
24 Aunt i e Ruby before she passed away.
25 You know what I real i ze, I am chosen t ryi ng to
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 34Debbie Krick 3
1 mi ngl e with those that are not chosen.
2 Let me tel I you about my exper I ence since
3 January 17t h.
4 Fi rst, my wall et was stol en.
5 Then somebody that I thought was an
6 acquai ntance wal ked off with some ml nor cash.
7 Then a bitch sent some goons to my house.
8 Then I got hi t head on at 100 mi I es per hour
9 by somebody that's tryi ng to fl ee the scene after a
10 shoot i ng. 100 mi I es per hour, y' all, and I am
11 still here.
12 Then I took a bunch of pi II s tryi ng to just
13 end it all, pi II s that normal I y woul d knock me out
14 for days, and I am sti II here.
15 Then today, somebody that I gave my loyalty to
16 a I lowed her s on a nd nephews to jump me. Put the
17 gun down, Tony. Put the knife down, Tony. He is
18 go i n g tog i ve you a s t r a i g h t up fad e . T hat's wh a t
19 t he pus s i es t 01 d me.
20 And they pussi es. You know why? Because it
21 was five against my one. They feared my wrath.
22 That's why they wanted me armless.
23 And then when the first pussy nigger that
24 triedtheblackacro, the biggest of themall hit
25 me. I said, you hit like a girl.
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 35Debbie Krick 4
1 And then when I went to approach to compl ete
2 t he mi s s ion, that's whe n t he ot he r pus s i es hit me
3 from the back, a femal e, sl ash, mal e. But y' all
4 mother fuckers go on then, and it took five of you
5 to ki ck and punch and have me on the ground I n a
6 f et al pos it i on, and I came out I ooki ng t he same way
7 I was before I went in that fetal position.
8 But you know what? Y' al I ai n' t goi ng to look
9 the same when them bullets touch your dome. And
10 I'm posing this live. Warning comes from
11 destructi on. And I am tell i ng you five mother
12 fuckers that you are going to die if I ever see
13 your face.
14 You know t he same way I seen y' al I I n a br i ef
15 moment, when I went and geared up, huh? You
16 know -- you know when you seen me and you took off
17 running, that was the warning that it's not a game.
18 You see me? You see what I am dressed in?
19 And I am goi ng to remai n in these same clothes
20 until y'all mother fuckers stop bringing it. And
21 you know what? I am goi ng to do t hi s al I alone,
22 because unl ike you PUSSI eSt I am a real goon. And
23 see, the government stashed me away so I woul dn' t
24 be like you mother fuckers, fake, phony, weak, dope
25 the f uck out, put it in your brai n.
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 36Debbie Krick 5
1 So t he same goon I was when I went in from
2 Haitians is the same goon sitting here right now
3 tell i ng you bi t ches wi t hout f ear I am goi ng to ki II
4 you all.
5 Jennifer Jackson, pack your bags. You no
6 longer have a home at 2261 Saxon St r eet. And it IS
7 not a threat. It's a mother fucking promise. And
8 this is coming from Satan himself, who you woke up
9 ins i de of me, who I was t ryi ng to keep as I eep and
10 blend in with you bitches out here in the worl d,
11 you know?
12 Ran myself crazy tryi ng to blend in with you
13 bitches. Well, I ain't blending no more. This IS
14 Tony the Ti ger all alone comi ng f or your blood.
15 And after I get to ki II i ng you bi tches, I am goi ng
16 to get back on live, if I have the opportunity,
17 because I wi II not be goi ng back to pri son.
18 Me and the law will have a standoff after I
19 end you bitches' lives because I amfedup. lam
20 si ck and ti red of tryi ng to be loyal to a pack of
21 s hi t. So a I I t hos e f r i ends of mi ne t hat do know
22 me, know that when I say these mother fucking
23 wor ds, that's my f i na I dec i s i on. I tis what i tiS.
24 So I hope you mot her f uckers are enJ oyl ng
25 yoursel f ri ght now wherever you at, because
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 37Debbie Krick 6
1 whenever one of you gangsters came back here -
2 because you know if it woul d have been me and my
3 ni ggers, five of us nl ggers, we woul d have been
4 back on the block aft er we jumped your asses.
5 Oh, we don't do that J t hough. We fight fa i r.
6 You WI n some, you I os e some, pus s I es. We wi I I see
7 you bi t ches know y' all was goi ng to lose agai nst a
8 gi r I J a he/she, me.
9 That's why whe n that fir s t pus s Y hit me right
10 here in the jaw. You see t hi s j aw right here, you
11 don't see t hat, do you? You know, y' all -- y' all
12 some characters out here in this world, man. A
13 bunch of mother fucking characters that I don't
14 give two fucks about.
15 You know, my f r i ends t 01 d me today, they sa i d,
16 yo, Tony, kill them bitches. Do what you got to
17 do. I know you goi ng to do it. I don't want you
18 to. We want you out her e. You been gone too long.
19 I know.
20 Shouts out to Aunt Earl, shouts out to Avery.
21 Shouts out to my mother fucki ng homi es over here in
22 the Holton area, the world -- (UNINTELLIGIBLE) -- I
23 discovered a couple of fake ones over there too.
24 I fell out today trying to smoke some mother
25 f ucki ng t unechi and cl ear my mi nd wi t h mot her
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 38Debbie Krick 7
1 f ucki ng off i ng you bi t ches, and I f ell out on the
2 gr ound. And t he pus s y ni gger took the bl unt smoke
3 that I just showed you -- come on, my nl gger.
4 Yea h, I wi I I be right bac k, yea h! you know. You
5 ai n' t coml ng back. You never di d. You know why?
6 Because he know what he did.
7 And see! unl ike you mot her f uckers, you seem
8 to al low Sat an to empower your mi nds wi t h t hi s dope
9 out her e! you a I ready f or got you dr opped that
10 point. But see, Satan don't have the full hold but
11 he got ahol d. That's why he came out of that
12 little piece of ass chirp that the devil created
13 (UNINTELLIGIBLE) -- shit. Fuck you mother fuckers
14 say i ng a I I of t hi s dumb s hi t.
15 This molly and shit! what IS it, huh? Half of
16 you fuck ass ni ggers ought here fucki ng punks and
17 shit on a low, acting like you -- (UNINTELLIGIBLE)
18 -- and shit. And that fagot ass nigger! you a
19 fagot ni gger.
20 And you know what, I a m he ret 0 put i t on t he
21 air because I don't give a fuck about none of you
22 nl gger s. You ki I I ed me, I am goi ng to ki I I you.
23 May the best mother fucki ng goon wi n.
24 PO, I am right down from you right now. Maybe
25 your bi t ch I ooki ng on-I i ne. Fagot ass nl gger.
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 39Debbie Krick 8
1 Ever Sl nee them bi tches hi t me and total ed my car,
2 it ai n' t Tony. My ni gger. My nl gger. Tony.
3 Tony. Tony ain't got the car now, sol ain't your
4 nigger, huh? Or is it the fact that when I tried
5 to get you to run and play, cometofindout, IS
6 you had al ready been fucki ng this ni gger. So are
7 you ashamed? You f eel like you can't be t he same
8 around me because I know t hat you real I y a bi t ch?
9 What is it? Huh. I wi II never know, and I real I y
10 don't give a fuck because you a bitch too.
11 ( UNI NT ELL I GI BL E) -- it' s I ike t 0 ma k e t h rea t s
12 and try to threaten me and make me scared. Let me
13 tell you bitches, I am living suicidal right now,
14 because that's what society has taken me to, a
15 sui ci de ml SSI on. So I am on a mi ssi on to provoke
16 and get a play into play, and either you ki II me or
17 I am goi ng to ki I I you.
18 So t he bes t t hi ng f or a I I you i mpos t e r s out
19 here, stay clear, because I ama real bomb right
20 now. And I promise you on God, Jesus Christ,
21 hall el ui ah, I am gOI ng to ki II you or you are gOI ng
22 to ki I I me.
23 I am tired. I just don't understand, you
24 know, bef or e dr ugs wa s like r ec r eat i on, you know,
25 you get hi gh, you go smash a coupl e of bi t ches, you
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 40Debbie Krick 9
1 go to the cl ub, you know what I am sayi ng? Wahoo,
2 you dri nk you some dri nks and you have a blast.
3 Now, you mother fuckers doi ng drugs and robbi ng
4 each other, fucking punks, lying to each other,
5 hating on each other. These drugs are not
6 recreational. They are suicidal drugs.
7 That's what everybody is doi ng ri ght now.
8 Li vi ng a sui ci dal life empowered by Satan through
9 the gover nment. I hope all y' all enj oy it.
10 My uncle, he says, you know what, I love you.
11 He sai d, cal m down. Don't make a deci si on whi Ie
12 you are angry. I sai d, you know what, I am cal m.
13 Ain't that crazy?
14 I am cal m, Unci e Ron, and my deci si on remal ns
15 t he same. And all I ask of you is to make sure my
16 mot her is fine once I depart, because on God, I am
17 ki II i ng and goi ng to be ki II ed, because I wi II not
18 go back i nt 0 federal pr I son.
19 And I put that on everything I love, because
20 it woul dn' t make no sense f or me togo there,
21 be c a use I a m go I n g t 0 s til I k iii I nth ere. Wh y
22 wa s t e t he time?
23 What do they call it? The lame saying, courts
24 and t he s t r eet . We I I, t hat I s what
25 (UNINTELLIGIBLE) -- Natosha Sharon Mcdade, a/k/a
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 41Debbie Krick 10
1 Tony the Ti ger is gOI ng to do, hoi d courts I n the
2 streets. You see
3 ( Hoi ds up a gu n. )
4 MCDADE: I got another thing to speak about.
5 To me, thi sis a di sl oyal thi ng ina sense, but I
6 love my ni gger, and I just met hi m. There you go
7 agai n, Tony, I ovi ng somebody. Lovi ng somebody.
8 You know somebody give you a I ittle scrap,
9 give you an orange and then you love them. Just
10 because somebody gi ve you a Ii tt I e scrap, bi tch,
11 don't mean they love you back. Don't get it
12 confused. It's something out there come back
13 t hi nki ng everybody was, you know, ki nd of st i lion
14 t he same level. They not.
15 But what I was s peaki ng about wi t h t hi s t hi ng
16 here
17 ( Hoi ds up gun.)
18 MCDADE: Let me -- I et me -- I et me post thi s
19 up so I can -- okay.
20 You see, t hi s bi t ch st 01 e my peopl e gun,
21 right. They didn't tell me. Long story short, the
22 gun was passed off -- (UNINTELLIGIBLE) -- because I
23 was on a mi s s ion, right?
24 So I gi ve you somethi ng that's full y loaded
25 with one inthechamber, all along I had this on my
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 42Debbie Krick 11
1 hip, ladies and gentlemen. And I thought this was
2 loaded -- (LAUGHTER) -- unt i I last ni ght I was
3 about to ki II a bi tch, and thi SIS what I
4 di scovered, you understand?
5 It's like -- this nice little pretty little
6 t hi ng, you know -- you know, ever ybody -- ever ybody
7 was asking me, you know, they really want it. It
8 looks so nice. Look at it. It's so pretty. Look
9 at it. Isn't it? A pretty empty ass mother
10 f ucki ng gun. But t hem pussy ni ggers was st ill
11 runnl ng from thi s empty ass gun, though.
12 But the point that I am making is a true
13 f r i end, if I call you and I say it's Ii f e or deat h,
14 you gave me empty art ill ery, and I need bull et s
15 now. I just got jumped by fi ve ni ggers -- or
16 bi tches. They don't even deserve to be call ed
17 nlggers, because they bitches. They hit like
18 bitches. Five niggers down, I should have been
19 f uc ked up, ribs f a I I that, you know what I' m
20 say! ng. Li kef ni gger I ai n' t not hi ng goi ng own on,
21 it's sexy allover, right? Five niggers, people.
22 Fiveniggers, you hear that, and look at me. Still
23 can go pull a bitch. With these two knots right
24 here, they are so little, you can barely see them,
25 and t hi s Ii tt I e scuff mark, somebody t hat like
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 43Debbie Krick 12
1 ki s sing, you know, like love on that f or me. They
2 didn't do no damage.
3 But my ni gger never br ought me them bul let s,
4 did you hear me? Did you hear me? Because if I
5 had them bul let s, I woul dn' t be on her e right now
6 with y' all. I woul d be out canvassi ng the area and
7 I ooki ng for t hem, because I know that they t hi nk
8 it's a game.
9 But you know, I hope by t he - - t he powe r
10 invested in met they can feel the wrath through the
11 wi ndt through the rai n because I am not pi ayi ng.
12 It's crazy, man. Had two bitches the other
13 nightt y'all, Jennifer Jackson and this bitch, she
14 go by QueenJahSimpson. Scam. Yo baby, let me
15 I et me si t over here whi I e you go to the store. I
16 am gOing to sit with Jen. Red flag. But, hey, no
17 pr obi em.
18 I come back. The bi tches are allover each
19 other, sucking, and kissing, and naked, snorting
20 and shi t, and smoki ng t unechi, poppi ng -- doi ng the
21 most.
22 Now, you know I expect t hat out of J en.
23 That's the norm for her. But this high class
24 profile fake bullshitting ass Queen Jah Simpson. I
25 think it is Simpson, Sampson, something, you know
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 44Debbie Krick 13
1 what I amtalkingabout. Just look her up, shean
2 ugly little mother fucker that I thought looked
3 cut e, but her ins i des made her whol e overall
4 outsi de package turn ugly.
5 When s he went to doi ng a I I that that ni ght, I
6 was like, wow, who the fuck is thi s bi tch? You
7 never know who you thi nk you know, you know?
8 So then, you know, I am being nonchalant, you
9 know, me. I don't glveafuck. You bitches kiss
10 e a c h ot her, I i c ked e a c h ot her ass, wh 0 9 i v e s a
11 fuck, right? You two bitches, two fems at that.
12 So when they seen my little nonchalant
13 demeanor, I think it kind of started fucking with
14 t hem. And they st art ed cal ling me a f ucki ng
15 (UNI NTELLI GI BLE) -- one by one.
16 Look at my mother keep call i ng. My mother
17 don't want me ki II i ng these bitches. She want me
18 to let it go. Wanda, I ay down. Lay down and rest
19 your nerves, mot her.
20 But like I was sayl ng, somebody come back --
21 (UNI NTELLI GI BLE) and runni ng to the store like
22 five, six times. Yeah, them bitches was spending
23 money on f ucki ng dope like t hey was insane, like
24 they -- they coul d never get enough. Dopehead ass
25 bit c he s , and her e I a m over her e try i n 9 t 0 ma k e a
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 45Debbie Krick 14
1 f u c kin 9 pro s tit uti n gas s p r oj e c t ass hoi e fee I I ike
2 a queen.
3 That was the dumbes t mi s take I ever made i n my
4 I if e. But you know, hey, you go t hr ough t hi ngs In
5 Ii fe, right? And you I earn a I esson, a lesson
6 I earned. You got to go through somethi ng to I earn
7 s omet hi ng, don't you?
8 But anyways, so first, J en, keep call i ng me In
9 t he bat hr oom, opens up her sheet that s he had
10 wrapped around her, a little blanket, whatever the
11 fuck it is, butt ass naked trying to entice me.
12 Her norm. Every ti me another bitch come around and
13 she feel like it some -- (UNINTELLIGIBLE) -- she
14 want to throw the pussy on the nl gger. And you
15 know us nl ggers, you know, you see some ass
16 anyways.
17 So I am, like, no at first, but she kept gOI ng
18 whi ni ng and poki ng t hi ngs, you know, and it was
19 worki ng because I real I y di d love thi s gi rl, and I
20 questioned myself why.
21 So I go i n t he bat hr oom. She s tar ted
22 squeezing my face, and I don't want you with her,
23 and blah, blah, blah. Then she walk out. The
24 ot her one come pounci ng allover me, and danci ng,
25 and all ki nd of shi t. I am like, wow, okay. These
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 46Debbie Krick 15
1 bi tches are lit toni ght, you know what I am sayi ng?
2 So then eventually me and Queen go wash a
3 couple loads of fucking clothes and shit, and must
4 have had some di rty drawers In t here. You know
5 when a bitch don't want you to hel p with they
6 laundry until it's been washed, something got to be
7 wr ong.
8 So anyways, she get a call t hough, a call from
9 a supposedly family member, something -- something
10 I don't do. Th i sis why I say I don't do fa mi I y
11 right here, because they all snakes. Brothers just
12 have you locked up a coupl e weeks ago, I yi ng bi t ch.
13 Ai n' t that some shi t? Lyi ng for the bi tch,
14 and then turn around and they drop the charges
15 after I pay the 500. For my mother and my sister,
16 thank you. Shouts out to my mom, my si ster, Ebony
17 Grow [s i c], pai d t hat bond and got me right out of
18 there the next day.
19 But - - s 0 5 he get son the ph 0 n e and t we e t s
20 the bitch started trying to playa little game. I
21 am a gamester, so anyti me you thi nk you are runnl ng
22 a game, or you t hi nk you can pull somet hi ng over on
23 my head, no, I peeped you, right?
24 So she calls an argument with me. Why she
25 call s t he argument, because she knew she had togo
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 47Debbie Krick 16
1 and f uck my cous In, right? Game, bi t ch pi ck an
2 argument with you. Why? Because they got to go do
3 somet hi ng el se. That's t he norm.
4 So that's what she di d. Then you know what
5 el se happened, I get a phone call f rom somebody
6 that bi tch introduced me to, sayi ng you know
7 nl ggers I n the whi te car tol d her not to fuck wi th
8 you.
9 Me i nves t i gat i ng. Oi ng. Oi ng. Oi ng. Get on
10 t he phone, call t he person. What color car does my
11 cousin drive? Oh, it's a white, you know the dah,
12 dah, dah. Oots connected. Fake ass whore, fake
13 ass cousin.
14 So then I go back to the house with Jen. You
15 know what J en do, rides me to deat h. And she says
16 tome t he next mor ni ng, Tony, you was f ucki ng me
17 different. You was fucking me -- yeah, bitch,
18 because now I am st art i ng to hat e you, whore. You
19 ai n' t who you port rayed to be in the begi nni ng, you
20 innocent little thing.
21 And there is somet hi ng about you, bi t ch, if I
22 ai n' t got a pocketf ul of moll y or some pai n pi II s,
23 Tony just like t he rest of them ni ggers, right?
24 Ri ght.
25 So the bitch fucked me real good, you guys.
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 48Debbie Krick 17
1 And then t he next day, anot her nl gger come over
2 wi t h a about bag of coke, but s he do coke --
3 ( UNI NT E L LI GI B L E) ain't that sad? Bitch killing
4 herself. 50 if I'm gOing to help them bitches, I
5 am gOI ng to speed it up for t hem, you know what I
6 am sayi ng?
7 50 anyways -- (UNINTELLIGIBLE) -- step out so
8 I can get his money. I come back with buff all on
9 her jaws, and she smell like di ck. You sucked the
10 nigger out real quick for that little sack of some
11 shi t, damn.
12 I can't bel i eve it, I adi es and gent I emen, I am
13 st ill t ryi ng to love of t hi s I ady. Because, you
14 know, s omet i mes peopl e been t hr ough t hi ngs i n I i fe,
15 so you really can't judge them, you don't know what
16 happened, like me. You know, my mot her f ucki ng
17 vi rgi nity was broken at the age of five from my
18 great -unci e, and I was raped repeatedl y for 12
19 mother fucking years. You understand?
20 But see, nobody knows that. Nobody knows
21 what's going on with Natosha. Nobody knows Natosha
22 was neglected. Nobody knows Natosha was mother
23 fucki ng mol ested by her mother boyfriend. Nobody
24 knows that her auntie mother fucking husband molest
25 me. Nobody knows my mot her c r i ed a river to HR5
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 49Debbie Krick 18
1 and they di dn't take me out the home because my
2 mother tears. Nobody knows my mother was raped
3 whi Ie s he had me in her bel I y. Nobody knows
4 not hi ng.
5 They just know they ei t her j eal ous --
6 (UNI NTELLI GI BLE) or they just don't like me
7 without a cause. In actuality, the cause is I am
8 chosen and you are not. That's why you don't like
9 me. Because you know all my friends likeI can
10 pul i it up -- I can post it for you. They send me
11 scri ptures each and every day to keep me focused.
12 So being amongst you type of bitches that betray
13 and use as God word, and everyt hi ng el se you can
14 thi nk of to mani pulate people and be fucked up --
15 Excuse me, I am gett i ng loud I n my own house.
16 Let me get low. I'm trippin'. There is kids in
17 the ot her room.
18 But that was the hurt in humans that was
19 c omi ng out. You know, when I looked at my lit tie
20 -- (UNINTELLIGIBLE) -- I got to keep fighting, all
21 right. But you know, I know my niece, you are
22 gOI ng to be successful and you're goi ng to make it.
23 And I am gOing to live on through the legacy for
24 t hem as wei I. But s eei ng what aunt i e had togo
25 through, t hey I earned f rom me.
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 50Debbie Krick 19
1 Vou know my -- my little -- (UNINTELLIGIBLE)
2 Mi ami - Dade, when s he was about maybe, you know,
3 I don't know, five I think it was, and this nigger
4 t r i ed me, a nd I pu I I ed a pi s t 01 out i n t he mi ddl e
5 of the road and she was sitting right there looking
6 like a lit tie goon ba by.
7 But you know, she was just innocent. She
8 di dn' t know what was goi ng on. She was wi t h me
9 every day. But I had to pull t hat pi st 01 out on
10 t hat mot her f ucker for t hey own s i st er put t i ng us
11 i n pr i son, she t 01 d the f ami I y I was t he one that
12 sni tched and had us locked up. Bi tch, everybody in
13 they right mi nd know Nat osha Mcdade wi II go and lay
14 it down. But our people apparently, you know, they
15 bel i eved her, whi ch you know they shoul d. It's
16 f ami I y.
17 But, mother fucker, I did my state time, I did
18 my federal time f or my -- (UNI NTELLI GI BLE) --
19 shouts out, Little John and -- (UNINTELLIGIBLE)
20 Luke, the Haitian that believed in me the first day
21 he seen me. He sai d, you want to make some real
22 money? I wasn't home two months comi ng from state
23 pr I son (UNI NTELLI GI BLE) - - t hat Ii f e.
24 V' al I when I pul led t hat pi st 01 out, t hey got
25 their ass in that car. They wasn't gangster no
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 51Debbie Krick 20
1 mor e. Ri ght .
2 One of my best friends, because my -- my -- my
3 first best friend, Jill White, my roommate, she
4 don't know nothi ng about this. I woul dn't even
5 share this with her. That's been my best friend
6 for 29 years. And she kept beggi ng, she wanted me
7 to move. She wanted me to get out of there. And
8 my PO he even fucked me. You kno~ my PO woul dn't
9 even vi 01 ate me now when I just went to j ai I.
10 The same, just somebody t ryi ng to call me
11 ( UNI NT EL LI GI B LE) my lit tie -- my sis t e r Ca ndy
12 Coke. Candy, come on live and just hear your
13 brot her tal k, because I ai n' t answer i ng no call s
14 right now. I wa nt - - I wa nt t he wor I d t 0 know
15 what's fixin' to happen, because I swear to God I
16 am ki I ling them ni gger s. And t hen I am goi ng to
17 ma ke sur e t he I aw take me.
18 Why be here? For what? Huh? To conti nue on
19 with this? Trying to be loyal. Trying to fit in.
20 Tryi ng to fi nd a wife and have my baby one day.
21 Everybody want everybody y' all here now. I
22 mean, this shit cold. It's a cold world. It's too
23 col d f or me. Thi s shi t col der t han a mot her
24 f ucker, my ni gger. West Vi rgi ni a, I can't do
25 I - - I wa nt togo, you know, stay wa r m, you know
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 52Debbie Krick 21
1 what I am saying? I amtiredof being cold.
2 Emot i onl ess, yeah. What's up, Queen? I just
3 looked down and seen you here. You know y' all t 01 d
4 metoleavethat bitch alone. YouseeI left her
5 alone. Queen. Queen, you was there.
6 Esther Esther Wi II i ams, she live, y' all.
7 She was the one, two, three, fourth party in the
8 room that ni ght, y' all. She seen what I be tal ki ng
9 about. I I eft her alonet butt you know, 01 eMs.
10 Jackson, she -- she can't stand to see me with
11 nobody else. She want theworldandall that,
12 t hough, but i t's okay. I know.
13 I coul d care I ess what anybody el se feel or
14 t hi nk about me. Call me crazy. These words make
15 you crazy when you -- when you cat er tot hem, you
16 knowt wat c h they feed and fix they food, you know,
17 whi I e your ki ds -- (UNI NTELLI GI BLE)
18 You know the bi 9 f ami I y t hi ng. That's al ways
19 been my sty I e. But you know what, I never mi s s ed
20 nothi ng. So every ti me a bitch thi nk they playi ng
21 me, or t hi nk t hey wi nki ng at me, and they movi ng In
22 exile when they turn they head, I seen you took, I
23 j us t pi ay like I di dn' t .
24 And then when I go to give them bitches back
25 what they gave to me, oh, Tony is crazy. Oh, Tony
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 53Debbie Krick 22
1 wi I I beat you up. You damn right I am gOI ng to
2 beat you up, bi t c h. I am gOI ng to beat you up for
3 every doll ar, every mi nut e, every hour of my time
4 and Ii f e t hat you wast ed. You got that right.
5 And at t he end of t he day, gues s what, I am a
6 bi t c h too. I j us t know how to fight like a ma n.
7 Sor r y. So you got down right, hos get beat, women
8 don't.
9 You know, shout s out to Ra s hon Ant oj net t e
10 Mari e Parson over in Tall ahassee Federal faci I i ty
11 ri ght now -- (UNI NTELLI GI BLE) -- used to tell them
12 bitches, Tony never hit me. I wonder why. It's--
13 (UNI NTELLI GI BLE) shi t hos. What the fuck I look
14 like?
15 And t hen you know one -- one time I hea r
16 somebody say, damn, Tony, well, you know in the
17 pr I son, it's that T - - I ma de up t he na me T. And
18 why di d I do that? Oh, my God. So I made that
19 name up. I got put i n the ml x wi t h a I I of t hes e
20 other Ts, As and fucki ng thi s. It was just like,
21 oh, my God, that was a Journey. But you know,
22 whatever.
23 That I s what t he hat ers do. They was t ryi ng
24 to, you know, kill me slow. All the girls wanted
25 me, sot hem ni gger s was hat i ng, t hey was on me, the
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 54Debbie Krick 23
1 mother fuckers run from me. That shit didn't work,
2 though.
3 Shit c r a z y, ma n.
4 Antoi nette Mari e Parson, my ri der. I just
5 don't know, you know. And t hat mot her f uc ker as ked
6 me about love. I looked at t hem like you s to be
7 ki ddi ng me. What? Because I love somebody, I am
8 supposed to sit around and cry all of that shit,
9 I ady. I ai n' t programmed, baby. I ai n' t
10 programmed like everybody el se. We done, we done.
11 I am gOI ng to replace you immediately.
12 The f uck I look like? I don't I et nobody know
13 my emot ions, ai n' t showi ng t hem not hi ng. Fuck out
14 of here. Just because you ai n' t see me cry. Yeah.
15 I am movi ng on, you know.
16 So I t ell my federal babi es, you know, Texas,
17 they come down, they remember that shit right
18 there. I used to have everybody crunk, yeah.
19 That's part of t he reason why I got so many hat ers,
20 because I am t he Ii f e of t he part y, man. And I am
21 real. And people try to infiltrate others brains
22 with the fakeness and they tear them from me.
23 Don't want ever ybody to be like me, a leader,
24 ins tea d of a f 0 I lowe r .
25 See, feed them lies, all that manipulation to
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 55Debbie Krick 24
1 make everybody di sappear out of Tony Ii f e. But you
2 know what? All my fai r crew can tell you, I spent
3 them 10 years in lockup goi ng from federal prl son
4 to federal prison, fighting, fighting, fighting for
5 nothing. You know, I sit backandI think about it
6 a I I, a I I f or not hi ng. Like -- like t he fight I ha d
7 i n Texas, you know, that s hi t - - and t hem was my
8 f r i ends, but t hey I et somebody f i I t rat e i nt 0 our
9 lit tie c i r c I e and feed t hem lies.
10 And you know what they discovered after we al I
11 f a I I and t he compound was s hut down, when I had
12 them bitches' blood everywhere, because that's what
13 t hey are now, bi t ches, because, like, damn, y' all
14 I et somebody come in between us, man.
15 Oh, but I get it. It's so much fake out here.
16 It was -- it was unbelievable to you, like, you
17 just coul dn' t bel i eve like young
18 (UNINTELLIGIBLE) -- really love me, like, he IS
19 being loyal. It's just surreal, right?
20 Sot hat's wh y we f 0 ugh t , and the f r i end s hip
21 ended. And t hen I at er on, you find out that t hi s
22 shit wasn't even true. A real friend gOing to get
23 tot he bot t om of it, but I gues s t hey don't ex i s t,
24 so ...
25 I even went to the DA tryi ng to get -- get
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 56Debbie Krick 25
1 t hem out of t he I oc kup, like, you know, t hi s per son
2 didn't have nothing to do with it. This person
3 didn't have nothi ng st ill bei ng loyal, because
4 it IS just in me. But for what? Ri ght?
5 I ai n' t ri ch, y' all. You know what I am
6 saying? But with the little shit that I always
7 have, I always split it multiple ways because I
8 want everybody to eat. You understand? I don't
9 want some mother fuckers up here eati ng and beati ng
10 t hose and ot her ones eat i ng t hei r meal s like the
11 government want everybody to be divi ded.
12 Oh, man, I got a f ucki ng headache. My whol e
13 body IS, like, aching. I want to hit the ground.
14 My fucking arm was just burning. I took the wrap
15 of f.
16 My mot her says now you -- (UNI NTELLI GI BLE)
17 shouts out Nadi [si c] gi rl, and go to --
18 ( UNI NTE LLI GI BLE) -- she di dn' t have to open her
19 door f or me. She di dn' t have to drag me inhere.
20 I don't even know who br ought me in her e. That's
21 how wi ped up I was -- bleedi ng everywhere.
22 What's good -- that's the person who told me
23 about the fake bitch hitti ng me up one of my
24 partners that just became a partner, for a bitch to
25 snake me. Ain't that crazy?
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 57Debbie Krick 26
1 Y'all, the bitch snaked me. And the nigger
2 that you introduced me to I i ked my swag, I i ked my
3 styl e, I i ked my loyal ty. Ai n' t t hat crazy? And
4 you -- (UNI NTELLI GI BLE) -- tome, Queen J ah
5 Si mpson, you, and t hey call i ng me. When you st op
6 talking to me, they was supposed to stop. I wonder
7 why not.
8 If anybody in Tallahassee, Florida, own
9 brothers to a 25, you see that, a 25 automatic,
10 gl ve me a call at (850) 848-7619, because I am goi ng
11 to need every s i ngl e bul I et I can get. But if I
12 don't get any, I al ready got a -- (I NAUDI BLE) --
13 f or t omor row.
14 By t omor row ni ght hopef ull y, unl ess they st ay
15 here and not in Woodville at Jennifer sister house,
16 that t hey bet t er hope I don't find, then it mi ght
17 take a day or two. But trust me, I am killing
18 them.
19 And once agal n, I am stayi ng in t hi sail bl ack
20 clot hi ng wi t h my ski mask wai t i ng. The onl y t hi ng
21 I am goi ng to do is take a ni ce shower and change
22 boxers and socks and bra, you know, the under
23 garments. But I am keeping this same black outfit
24 on until the day them bitches die. And I am never
25 comi ng out in the dayt i me, because you know I don't
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 58Debbie Krick 27
1 come out i n t he light. I a man i ght owl.
2 Shouts out to all my vampire ex lovers. You
3 know -- hey, you know, even though even though
4 me and my lit tie chi cks, you know, we had our
5 Ii tt I e rough mi I es, anyone of my exes and can call
6 me right now and I wi I I dead a ni gger for them.
7 You know why? Because we was all f r i ends bef ore
8 lovers, because, you know, it's all about starting
9 a fri endshi p wi th it and then sl ide into the
10 panties later. You know, you got to be friends and
11 I over s, a nd a I I of that.
12 So pretty much every chi ck I have ever dated,
13 I sti II communi cate with them, Sheena, Sarah,
14 Patrice, Allison blah, blah, blah. The list
15 goes on and on. And we st i II all cool. Ai n' t that
16 amazing? Most niggers can't say that.
17 That's another thing that these niggers
18 j eal ous about, because I am so bi 9 on sayi ng, yo,
19 you go down my call log and anyone of the gi r Is
20 you look at IS so beautiful, they hate that,
21 because you go down them ni ggers call log, man,
22 t hem look like some mot her f ucki ng gor i I I as and
23 shit, like, these niggers fucking anything goes,
24 theydickingthat shit, you know what I am saying?
25 They smoke that little molly shit. I don't know,
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 59Debbie Krick 28
1 maybe t hey VI s Ion go out. I don't know what's
2 gOing on, but thank you lord it ain't happening to
3 me, you know what I am sayi ng?
4 You know I had a ques t i on like, you know, one
5 of my f r i ends, you know, they thought I wa s like,
6 you done lost wei ght, you get t i ng hi gh? And I'm
7 like, s t res sing.
8 I am stressing In this dark, cold ass world.
9 That's why I a m lit tie, n I gge r . But I a m lit tie
10 and st ill sexYt though. St ill f I exi ng. But, hell
11 nOt I ai n' t no mot her f ucki ng moll y head. Ni gger,
12 I can smoke it, but I don't let t he dope do me,
13 nigger. I remain the same.
14 You know what I di d when I smoked some tunechi
15 when my nigger came down here from you kno~
16 Dall as, I pi cked hi m up from the ai rport, and he
17 had t hi s bl unt. So -- (UNI NTELLI GI BLE) - - I opened
18 it up. You know s omet hi ng like ni gger weed j oi nt,
19 some mother fucking tunechi. I hit that shit three
20 times and thought I was about to die. I threw that
21 shi t up and I free-styl ed to every instrumental
22 came on and cursed Satan for three hours, and then
23 I mastered it. I said this is my weapon to become
24 a millionaire. Satan's drug. The tension.
25 The mol I y, mol I y, I don't know. I don't get
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 60Debbie Krick 29
1 it. I don't know what they see I nit. Mol I y don't
2 do not hi ng but make me want to eat a lit tie pussy
3 and lay some -- (UNINTELLIGIBLE) -- these niggers
4 chasing that shit and spending every quarter on
5 that shi t, you know, wal ki ng around in di ngy ass
6 s hoes and a s hi rt and they -- (UNI NTELLI GI BLE)
7 I n a two-bedroom tryi ng to survive.
8 Like this shit got these niggers crazy out
9 here, man. It really dOt like -- and I think
10 that's why they all hate me, because I ain't
11 I ooki ng like t hey ass, you know what I am sayi ng?
12 I ain't letting it do me. And I fell back from it,
13 you know
14 You know anot her t hi ng t hat seems to just,
15 like, amaze me is how mot her f uckers look like,
16 man, you smoke that t unechi, man, are you smoki ng
17 that molly? Bitch, all y'all doing drugs, whether
18 it's molly, tunechi, eggs, weed t coke, bitch, it's
19 a drug, so you ai n' t no better than the next one.
20 I am so si ck of heari ng nl ggers sayl ng that.
21 All y' all ni gger dope heads t whether it's a molly
22 or dope, or whatever t nigger. Niggers is corny out
23 here. I ai n' t even make no si nce out of thi s
24 j oi nt, ma n.
25 Fashi on, nl gger, I am the fashi on, my face. I
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 61Debbie Krick 30
1 don't need des i gner. AI I I need to do is wake up
2 and open my eyes. You see me right now, you see my
3 Ii tt I e two Ii tt I e bull horns and shi t, ni gger been
4 cryl ng a Ii tt Ie bi t because I coul dn' t -- I
5 couldn't I couldn't believe it. Why, like, I
6 can bel i eve it? But I coul dn' t bel i eve it.
7 You know her lit tie s on, I i kef wow. Wow. And
8 t hen her nephew, oh, amazi ng, just sat t here wi t h
9 me last night whi Ie she was up there with the
10 ni gger and shi t about to top hi m off, or whatever,
11 for whatever Ii tt I e scrap she had. Thi s nl gger
12 sit t i ng on t he c ouc h t a I king a bout, you know, that
13 ni gger br i ng them ni gger sin her e. That s hi t
14 man, she always doing this in front of the kids.
15 And then today he like captai n savor, your aunti e,
16 nl gger, you just tal ked about her like a dog last
17 night. Like, nigger, y'all niggers whacked. Oh,
18 but that's your auntie, oh, I get it, so you can
19 tal k about her like a dog and t hen, you know
20 (INAUDIBLE) -- later, right?
21 Hey, you know, you ni ggers are funny. You
22 know when I got up of f of that gr ound af t er you
23 five nl ggers was on me like mother fucki ng savages,
24 like, y' all -- y' all was like dogs at a steak and
25 y' all ai n' tate in 10 days. But I don't see no
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 62Debbie Krick 31
1 damage. I don't even look like y' all even chewed
2 on a fucki ng pi ece of my lip, ni gger, whi ch y' all
3 was like savages.
4 Li kef t hen when I got up, y' all nl ggers haul ed
5 ass. And it was -- it was too -- (UNINTELLIGIBLE)
6 - - I t hi nk they mi ght -- they mi ght have been --
7 they mi ght have been recordi ng. You know, ni ggers,
8 everybody recordi ng everythi ng nowadays. You know
9 what I am saying? This technology and shit.
10 Maybe -- maybe you go through t he Ii tt Ie fight
11 t hi ngs ina day and mi ght find it on t here, because
12 it's post ed up, and t he dude say, oh, you a f emal e.
13 I said, yeah, and I lifted up my shirt. He said,
14 oh, that's sad. It is, ain't it? The five nlggers
15 had to jump me, and they di dn't even do shit.
16 You know, I love you, too. Now, I love - - I
17 love all my true, true fri ends. I love y' all too.
18 the ones that's getting money, living life, I
19 thought that t hat I s what I was goi ng when I got out
20 of there. I can't -- I can't find no loyalty out
21 here in Tallahassee.
22 Y' all was reppi ng thi s ci ty like a mother
23 fucking prison. Tallahassee, man, college girls,
24 ma n, ma y be -- (UNI NT E L LI GI B L E) -- ma n, a in' t
25 not hi ng goi ng on in Tall ahassee right now, dude.
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 63Debbie Krick 32
1 Nothing but robberies, shootings, betrayal,
2 brothers fucki ng they -- they si ster man, just all
3 kin d of we i r d s hit .
4 Ma n, I got d i r tin my ea r . I ha d d i r tin my
5 ear from bei ng on t he ground. I have been sit t i ng
6 here with dirt In my ear all this time. That's how
7 twi ked [si c] out I am.
8 But every -- every -- everything that was, you
9 know, told to me business-wise, producer this, and,
10 you kno~ we are gOI ng to make this televi si on
11 show. Every plan that I made with every single
12 person is like a molly head now, and it's no
13 bus i nes s I ef tin t hem. They s til I got t he t a I k,
14 but the busi ness don't exist.
15 Li ke I was supposed to be I n Cal i with thi s
16 mother fucker. I mean, they was, like, pretty much
17 f rom, I wi II say what it is, January of 2019,
18 maybe my ex, Sheena, s he wi I I know the rea I
19 date. I can't remember it.
20 But, yeah, t hi s I ady, yeah, you want to be on
21 my TV s how. You hel p me, I he! p you get signed
22 wi t h your mus I c, bl ah, bl ah, bl ah. Ai n' t none of
23 that shit happened.
24 My nigger comes from, yo, baby, you know, we
25 goingtodothis, we gOing to do that, man. I
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 64Debbie Krick 33
1 ain't nothing to do nothing with around here. It's
2 me agai nst the worl d.
3 And that s hit, me a nd my I a dy got i nt 0 it, but
4 t hat's s til I my n I 9 9 e r , d i r t y red. You see t his
5 finger her e, hi t that nl gger, boom, boom, my
6 f r i end. I don't know how the f uck I broke t hi s
7 finger, but the bi t ch broke, and I am st i II I ooki ng
8 -- (UNINTELLIGIBLE) -- me still going, this bitch
9 won't even -- it won't even hardly, like -- it
10 won't even bend no more. It's, like, fuckedup.
11 It's! like, yeah.
12 This shit swollen on the sides and shit! you
13 know what I am sayi ng? And I am sti II out there
14 today -- (UNI NTELLI GI BLE) -- what's up, you know
15 what I am sayi ng?
16 Yep, mother fucker, like, put the gun down,
17 Tony. I put t he gun down. I had t hi s kni f e in my
18 pocket. Yo, she got a knife. I am like, yeah,
19 it's five of you mother fuckers. So what's up?
20 And t hen you lie and say it's goi ng to be a
21 strai ght up fade. But you nl ggers feared me once
22 you seen t hat your I eader I oh, leader t hat you
23 called and his little black aero sWing, like
24 like, he dOl ng bi 9 t hi ngs. AI I I do 1St a I k bi 9
25 talk. If he was so big, he wouldn't be sleeping on
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 65Debbie Krick 34
1 the couch in your aunti e two-bedroom where she live
2 and two kids and the baby daddy be poppi ng up here
3 and he woul dn' t be s I eepi ng up at t hat home. If
4 he was if he was of that status, like, if he was
5 so high, a real boss wouldn't even sleep in no shit
6 like that.
7 So, ni gger, st op -- (UNI NTELLI GI BLE) -- you
8 get a lit tie chat t e r , but not no bi 9 bos sst uf f
9 charter, because you woul dn' t be sl eepi ng over
10 there in t hat raggedy ass house, like, st rai ght up.
11 But the ni gger was -- (UNI NTELLI GI BLE) --
12 ain't sore, it ain't nothing gOing on. I got a
13 headache from these -- these two I ittl e baby knots
14 up her e. The m my h 0 r n s , y' a I I, my lit tie de v i I
15 hor ns. AI I that.
16 You know, shouts out to Sheena and -- and her
17 mother. You know her mother sai d she -- she like a
18 pr of it, right? A Ha i t ian pr of it. And she see
19 t hi n 9 s . She s aid Sat ani s aft e r me, and he i s not
20 goi ng t 0 stop.
21 And, you know, when lsi t and I t hi nk about
22 that continuously, she's absolutely right. Because
23 i t go from t he bi t c h s t ea ling my wa I I et tot he
24 n i gge r wa I king of f wi t h t he wa I I et, what they
25 want -- I had all my cash in my hand. I real I y
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 66Debbie Krick 35
1 don't keep money I n my wall et. I don't do credi t
2 cards, and the government -- I am not gOing to
3 fucki ng pay the government to take my money out,
4 like, bi tch, I got pay you to spend $1. 50 off my
5 card? Li ke, no. So real I y -- real I y -- real I y I
6 am spendi ng $3 if I just want to buy a soda, you
7 know what I am sayi ng? Fuck out of here. Keep my
8 s hi t.
9 So a nyways, t he lit tie -- sma I I time lit tie
10 dopehead robber boy, he snatched a wallet with $5
11 in it and $30 worth of weed. That was all in the
12 wallet, sitting in the wallet. And I was going to
13 pi ck up J en ass some mot her f ucki ng moll y t hat she
14 like to smoke so bad, you know. And if I could-
15 provi de, that's what I was go t ryi ng to do, because
16 I don't like her -- wei I, di dn' t like her, you
17 know, havi ng to deal wi t h mul t i pi e peopl e, you
18 know, a lot of act i vi ty around the ki ds, you know,
19 her d aug h t e r lit tie -- (U NI NT ELL I GI B L E) -- I' m my
20 life. You know, I come pretty much -- I can di g
21 how she feels about certain situations, and she
22 made a comment previously about how she hate her
23 mother like that, you know, and like -- like, I
24 love little kids, you know, and I still ain't got
25 nothing against them little babies, but your mother
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 67Debbie Krick 36
1 and your unci es and everybody else that
2 part i ci pat ed, I am coml ng f or you mot her f uckers,
3 you know, st rai ght up. I am just - - I am over it.
4 Why me? But anyways, I am gOI ng tot ake a
5 break and maybe fall asl eep. I don't know, because
6 I am waiting -- (UNINTELLIGIBLE) -- come back from
7 the little play thing they got gOing on, and it's
8 j us t right (UNI NTELLI GI BLE) -- gl VI ng me a room
9 to be Ins ome sol i tude wi t h no nOI s e, so sol
10 mi ght mi ght not, I don't know. But I am her e.
11 50 anyway, I just -- (UNI NTELLI GI BLE) --
12 love I loveall my true friends. You know, God
13 bl ess you all, but my deci si on has been made. And
14 it hurts me to have that decision, but it is what
15 it IS. And! know it's kind of crazy, too. Mydad
16 called me tonight. But I am kind of tired, y'all.
17 5 t res sed 0 u t . I jus t can' t bel i eve it. I a m,
18 like, t ripped out.
19 I couldn't believe I was still breathing after
20 I took -- I took 16 fucking Remerons last week. I
21 took 16 of them bi t chest 30 mi iii grams. And you
22 know, like, y' all know in pri son, like I take them
23 bi t ches, I used to be dead, right? Li ke, knocked
24 the f uck out chewi ng everyt hi ng up, and none of
25 that happened this time.
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 68Debbie Krick 37
1 God don't want me to go, but whatever. So
2 a nyways, I am goi ng to hoi I er at you peopl e, you
3 good people that are out there maybe later, maybe
4 not, but just know before I kill myself through a
5 shootout, because that's what's going to happen,
6 because I am gOing to pull it out, and you know you
7 off i cers nowadays, t hey see a gun, they just want
8 to shoot. So that's what I am pushing for, because
9 I don't want to be here on earth. I don't want the
10 government in they shit, other people with these
11 empt y mi nds.
12 So anyways, y' all have a good one, and take
13 heed to thi s vi deo because the same thi ng may
14 happen to you, putting your full trust in somebody.
15 I know I have to -- fit I n. Excuse me, I know I
16 have to fit i n, mommy.
17 You know my mama tol d her Christian fri ends
18 the ot her day you know my mom pai d me $20, I
19 guess she thought I really wasn't going to go, but
20 she wanted to make sure I went and her friends
21 pr ayed f or me.
22 And my mama t 01 d them, she sa i d, you know,
23 when I was ti red and di dn't feel like getti ng up
24 and goi ng to church, she used to get up and go wai t
25 on the corner for thi s white guy drove thi s Sunday
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 69Debbie Krick 38
1 school bus, and she woul d get on it and go to
2 church all by hersel f. Yeah. That was me. That
3 was me. The damaged sol e get t i ng up goi ng to
4 prai se t he lord all by mysel f.
5 And -- (I NAUDI BLE) - - I cont i nued to get
6 raped, penetrated, cum fall i ng out of me. Woul d
7 y' a I I eve nth ink t hat . I car r i e d my s elf tot he
8 eyes of the world as a strong individual. That's
9 a I I I have ever -- (I NAUDI BLE) -- you di d ha r d
10 time, boy, you st rong, bl ah, bl ah, bl ah.
11 Yeah, I was strong Ephesians 6, my bodily
12 armor. Psalms 27, the lord is my light and my
13 s a I vat i on of whom s ha I I I f ea r .
14 J eremi ah 33: 3, t he lord wi II reveal to you
15 that t hi ngs are known. They wi II onl y, just like
16 you revealed to me who Jennifer Jackson was, but me
17 seeing the hurt so it resides inside of Jennifer
18 Jackson.
19 I was tryi ng to do God's work and (I ear that
20 like Satan got ahol d on her and he don't want to
21 let off. And, you know, shethinkI aminlove
22 with her. That's the funny part, right? It has
23 not hi ng t 0 do wi t h that. I (a red f or he r a s a
24 human bei ng, as a fri end that we was fi rst and
25 foremost, and when she woul d cry to me, I coul d see
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 70Debbie Krick 39
1 the hurt, and I want to help her fix that hurt.
2 You kno~ we shoul d have never sl ept together
3 because by doing that, that's what had her bonded
4 tome, my genui ne s pi r it. And you know it's the
5 last thi ng we tal k about today was her daughter,
6 her -- her daughter -- (INAUDIBLE) pi erced like
7 her, ri ght. And she was sayi ng about her havi ng to
8 be 16, and all thi s other type of stuff.
9 I must have a scratch up here too, somewhere,
10 y' a i I. I t f e I t like i t j us t t hen. I got a
11 scrat ch. Ni gger scrat chi ng me and all.
12 But she -- she thinks this IS an act of being
13 I n love. No, you st upi d mot her f ucker, I am
14 somebody t hat want ed to hel p you -- (I NAUDI BLE)
15 hel p myself and become who we wanted to be in life,
16 you know, we -- we di s c us s ed one day, you know, she
17 was sayi ng she want to be, you know, a nurse and
18 hel p the ki ds, and st uf f, you know, have a
19 conversat ion, general I year i ng.
20 I guess it was always just -- hey, you know
21 what, c hec k t hi s out. You know, one day my mom
22 sai d she smell ed somethi ng through the wall s like
23 somebody doi ng root Sl and t hen my mom asked me was
24 lin love. And it made me angry, like I I went
25 off like -- like, in love? No, I am not I n love.
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 71Debbie Krick 40
1 Do I love her? Yes, I love her. But I am not in
2 love. She created too much hurt for me to be in
3 I ove wi t h he r .
4 From t he fir s t time she di s s ed me --
5 (UNINTELLIGIBLE) -- I don't care what you do. I
6 don't care if you fuck these ni ggers before you
7 pack some moll y and all of that. I don't care
8 about none of that, man (UNI NTELLI GI BLE) -- you
9 know, I always got to go there every time and do
10 t hi s and do t hat even, like, one ni ght her baby
11 daddy was coming -- (UNINTELLIGIBLE) -- leave real
12 qui ck so I can get t hi s money. Li kef so no love,
13 no heart for nobody. She was just t ryi ng to use
14 anybody she can.
15 She's -- (UNI NTELLI GI BLE) - - I had to gl ve her
16 that. I had to give her that. Um. It's okay,
17 man, I am I am out of here. I am out. I am
18 tired. I am -- (UNINTELLIGIBLE) -- good night.
19 (End of video.)
20
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114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 72Debbie Krick 41
1 TRANSCRI PT CERTI FI CATE
2 STATE OF FLORIDA ) COUNTY OF LEON ) 3
4 I, DEBRA R. KRICK, Court Reporter, hereby
5 c e r t i f y that t he f or egoi ng t r a ns c r i pt of an
6 audi o-recorded proceedi ng was taken down as stated In
7 t he capt i on, and t he quest ions and answers t heret 0 were
8 reduced tot ypewr it i ng under my di r ect ion;
9 That the foregoi ng pages 2 through 40
10 represent a true, correct, and complete transcript of
11 the tape-recording;
12 And I further certify that I am not of kin or
13 counsel tot he part i es in t he case; am not in the
14 regul ar employ of counsel f or any of sai d part i es; nor
15 am lin anywi se i nt erest ed in the resul t of sai d case.
16 Dat ed t hi s 29t h day of May, 2020.
17
18
19 DE BRA R. KRI CK 20 NOTARY PUBLI C COMMISSION #GG015952 21 EXPI RES J UL Y 27, 2020
22
23
24
25
114 W. 5th Avenue, Tallahassee, FL 32303 premier-reporting.com Premier Reporting (850) 894-0828 Reported by: 73Debbie Krick From: Stephen Webster
Attorney Jackson,
As we discussed, I intend to file an emergency motion for preliminary injunction on Monday pending the final disposition of a Petition for Declaratory Judgment / Mandamus that will be filed thereafter as to my client's rights pursuant to Article I, Section 16 of the Florida Constitution. I hope to have the motion for injunction filed relatively early tomorrow, and I am not sure if the City opposes the request for a preliminary injunction. I would like to include the City's position in the motion, so please let me know how I should proceed in that regard.
Thank you for your attention to this matter,
Stephen G. Webster
Exhibit P-4 74 From: Jackson, Cassandra
Thank you. I will consult with my client regarding the motion. Please advise when you have a hearing date and time.
Cassandra x. Jackson City Attorney, City of Tallahassee Board Certified City, County and Local Government Law 300 S. Adams Street Tallahassee, FL 32301 (850) 891-8554
From: Marsha Long
Please report any suspicious attachments, links, or requests for sensitive information.
Ms. Jackson, I have attached a copy of the Emergency Motion for Preliminary Injunctive Relief that was discussed on Friday May 29,2020. Obviously, we had very little time to prepare this motion, given that we first learned on Friday that the City had concerns about the application of Marsy's Law to law enforcement officers. I sent you an email yesterday in an attempt to obtain the City's position on the Motion. As you are aware, it is standard practice to confer with opposing counsel regarding a motion before filing and to advise the court of the opposing party's position within the motion. Given the extremely abbreviated window within which I am operating, I am filing the motion as attached without having received a reply from you as to my email sent yesterday at 11 :45 a.m. I apologize for filing without a full conferral, but I hope you will understand given the circumstances. I trust that the City will not unilaterally release information that could violate my client's constitutional rights as outline in Article 1, Section 16 of the Florida Constitution without first affording a circuit court to make a declaration as to his rights therein.
Exhibit P-5 75 Respectfully,
Stephen
Paralegal to Stephen G. Webster and Louis J. Baptiste Webster + Baptiste, PLLC 1615 Village Square Blvd., #5 Tallahassee, FL 32309 (T) 850-597-7142 (F) 850-765-2717
76 6/4/2020 FL Police Benevolent Association & John Doe vs City of Tallahassee Hearing proceedings before: Judge Dodson - Telephonic hearing
1 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN 2 AND FOR LEON COUNT~ FLORIDA
3
4 CASE NO. 20-CA-1011
5 6 FLORIDA POLICE BENEVOLENT ASSOCIATIO~ INC., a Florida 7 Ci ti zen; & JOHN DOE, a FIori da Citizen, 8 Pet it i oners, 9 vs. 10 CITY OF TALLAHASSEE, FLORIDA, 11 Res pondent. 12 ------1 13
14 PROCEEDINGS: EMERGENCY HEARING
15 BEFORE: HONORABLE CHARLES DODSON
16 DATE: JUNE 4, 2020
17 TI ME: COMMENCED: 12:00 NOON 18 LOCATION: TELEPHONIC
19 REPORTED BY: DEBRA R. KRI CK Court Reporter and 20 Notary Public in and for State of Florida at Large 21
22 PREMIER REPORTING 114 W 5TH AVENUE 23 TALLAHASSEE, FLORIDA (850) 894- 0828 24 25 Exhibit P-6
Premier Reporting Reported by: 77Debbie Krick 6/4/2020 FL Police Benevolent Association & John Doe vs City of Tallahassee Hearing proceedings before: Judge Dodson - Telephonic hearing 2
1
2 APPEARANCES:
3
4 REPRESENTING THE PETITIONERS:
5 STEPHEN G. WEBSTER, ESQ. Webster & Baptiste, PLLC 6 1615 Village Square Blvd. Sui t e 5 7 Tallahassee, FL 32309
8 STEPHANI E DOBSON WEBSTER, ESQ. Florida Police Benevolent Association 9 300 E. Brevard Street Tallahassee, FL 32301 10
11 REPRESENTING THE RESPONDENT:
12 HANNAH MONROE, ES Q. CASSANDRA JACKSON, ESQ. 13 Offi ce of the Ci ty Attorney City of Tallahassee 14 300 S Adams Street, A-5 Tallahassee, FL 32301 15
16
17
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Premier Reporting Reported by: 78Debbie Krick 6/4/2020 FL Police Benevolent Association & John Doe vs City of Tallahassee Hearing proceedings before: Judge Dodson - Telephonic hearing 3
1 PRO C E E DIN G S
2 THE COURT: Thi sis Judge Dods on.
3 MR. WEBS TER: Hello, Your Honor. Good
4 afternoon. Steven Webster on behalf of the
5 pet i t i oner, movant.
6 MS. MONROE: Good af t er noon, Your Honor,
7 Hannah Monroe on behalf of the City of Tallahassee,
8 along with Cassandra Jackson.
9 THE COURT: Okay. And we are here on the
10 motion for emergency injunction on behalf of the
11 Florida Police Benevolent Association. know
12 there is others on the call that are not parties in
13 t hi s. Be sure and treat this like a court
14 proceedi ng. So you are certainly welcome to
15 at t end, but go ahead and mut e your phone sot hat we
16 can proceed just 1 i ke it I S a courtroom here.
17 Al I right. Mr. Webster, this is your motion
18 i f you wa n t top roc e e d.
19 MR. WEBSTER: Thank you, Your Honor.
20 I woul d like to add, Your Honor, that
21 Stephanie Dobson Webster, the General Counsel for
22 the Flori da Pol i ce Benevol ent Associ at ion, is al so
23 ina t ten dan c e , and Ri c h a r d Mu r ph y , the Pre sid e n t 0 f
24 the Bi g Bend Chapt er of the Flori da Pol i ce
25 Benevolent Association.
Premier Reporting Reported by: 79Debbie Krick 6/4/2020 FL Police Benevolent Association & John Doe vs City of Tallahassee Hearing proceedings before: Judge Dodson - Telephonic hearing 4
1 Your Honor, would just like to begin by
2 advising the Court that I basically became aware of
3 this issue last Friday. So I am t ryi ng to be very
4 careful about what I represent to the Court because
5 I haven't had a significant amount of time to
6 research everything the way that I would probably
7 have preferred to, but I guess that's kind of given
8 with a motion for preliminary and emergency
9 injunction, that's often going to be the case. So
10 I will try to be very careful about what
11 represent to the court.
12 But the City, at this point, has stipulated to
13 the facts as outlined and provided in the petition,
14 the motion. So I won't dwell on that very long,
15 except just to point out I think what is critical
16 for the Court's analysis here.
17 That on May 26th, a criminal suspect went on
18 Facebook and posted a live stream video, wherein he
19 guaranteed or assured he was going to murder five
20 people the following day; and thereafter during
21 what he predicted would be a standoff, or a
22 shootout with police, that he would present a
23 firearm and have a shootout with law enforcement.
24 And unfortunately, he even went so far as to
25 predict law enforcement would be forced to shoot
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1 and ki I 1 hi m. And on May 27th, at least part of
2 that plan was carried out by the criminal suspect.
3 I believe at this point the facts as presented
4 and stipulated are that he murdered Malik Jackson,
5 and wa sen r 0 ute top res u ma b 1 y f u 1 f ill the res t 0 f
6 his guarantees and murder the other four people.
7 But before that could happen, a law enforcement
8 officer with the Tallahassee Police Department
9 encountered him; at which point he presented his
10 fir earm as pr edi ct ed, and as he act uall y showed
11 during the Facebook video, pointed it at the law
12 enforcement offi cer, who thereafter, in
13 self-defense, fired upon and killed the criminal
14 suspect.
15 Based upon those facts as presented for the
16 Court's revie~ we would contend that it is
17 undisputed that the police officer in this instance
18 was the victim of an aggravated assault with a
19 deadly weapon as defined in Florida Statutes
20 784.021, and that he is, therefore, a victim of a
21 felony -- aggravated felony offense.
22 Whi ch bri ngs us to the novel questi on as to
23 whet her or not the cons tit ut i onal amendment i n
24 Article I Section 16 of the Florida Constitution,
25 as voted by the citizens of this state to amend the
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1 Constitution and ratify, affords that officer the
2 same rights that every other victim of a crime in
3 Florida is now entitled to, which would be to have
4 his personal information protected and shielded
5 from public disclosure if the victim so requests or
6 desires, and if it's reasonably necessary to ensure
7 that his rights and interests are respected and
8 protected by law, and to ensure, as provided in
9 Article Section 16 (b)3, that his right to
10 pre ve n t the dis cl 0 sur e 0 fin for rna t ion 0 r r e cor d s
11 that could be used to locate or harass the victim
12 or the victim's family are shielded from
13 di scl osure.
14 Unfortunately, the timing of this event
15 coincided with an absolute period of tumult in this
16 nat ion. It's beyond t he bounds of my anal ys is, but
17 s uf f ice itt 0 say t ha t the t umul t uous time s have
18 certainly bled over into this matter through no
19 faul t of the offi cer' s.
20 And on s c ene, he was t hr ea t e ne d by cit i z e ns .
21 There have been social media posts since then that
22 have been threatening in nature, unfortunately.
23 Extremely unfortunately this officer's absolutely
24 defensible, understandable, predictable acts of
25 self-defense have been unfairly lumped into the
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1 acts of other police officers for which he had no
2 involvement, and has created I think a reasonable
3 and well-founded concern for the officer that
4 mi sgui ded, or ill - i nt ent i oned peopl e may try to
5 exact some sort of revenge against him for the acts
6 of ot hers. And, you know, our pos i t i on i s t ha t he
7 is a victim of an aggravated felony, and he has the
8 right to request and insist under the Florida
9 Constitution that his personal biographical
10 information be shielded from disclosure.
11 The elements at issue for the temporary
12 injunction -- and know the Cour t knows t hi s, but
13 given the nature of the case at this point, I feel
14 like it's incumbent to try to do my best to
15 represent the state of the law for any and all who
16 may consume this information that we, as the
17 movement, have to show immediate and irreparable
18 injury is likely to result, and that the injunction
19 is necessary to maintain the status quo while the
20 Court works towards resol vi ng the full controversy
21 on the me r its.
22 And I will cite you the case that was cited in
23 my mot ion, pronounci ng it as Tanj i, T- A- N- J - I,
24 versus Helmsley, H-E-L-M-S-L-E-Y, cited at 602
25 So.2d 617 at 618. It's a Florida Third DCA Court
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1 of Appeals opinion from 1992.
2 The courts have also recognized, including the
3 First District Court of Appeal, cited at Brock V
4 Brock, 667 So.2d 310, Florida First DCA 1995, that
5 courts, trial courts and circuit courts, have broad
6 discretion to enter or dissolve a temporary
7 i nj unct ion. And as according to the First District
8 Court of Appeal at 1 east, there are four el ements
9 this court should consider when determining whether
10 the facts in the motion warrants the entry of a
11 prel i mi nary i nj unct ion:
12 The first being a likelihood of irreparable
13 harm.
14 The second being that there is no adequate
15 remedy of law.
16 The third being a substantially likelihood of
17 success on the merits.
18 And the fourth, considerations of public
19 interest.
20 In my experience, Your Honor, oftentimes when
21 we have four-prong tests or three-prong tests, it's
22 sometimes difficult to really kind of differentiate
23 between the different prongs. I t hi nk the rei s a
24 si mi 1 ar confl i ct here on some 1 evel s insofar as
25 irreparable harm seems to kind of consume the
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1 analysis primarily.
2 Irreparable harm has been kind of defined
3 synonymously with the absent absence of an
4 adequat e remedy at 1 aw. And we would contend to
5 t he Court that if the temporary i nj unct ion is not
6 entered, and if disclosure of the our client,
7 the victim's personal information is released,
8 there will be no way to peel back the damage that
9 will flow from that, if ultimately we -- we did
10 prevail in a final resolution on the merits. And
11 that the status quo serves the public interest,
12 because protecting the officer's personal
13 b i 0 g I' a phi c - - b i 0 g I' a phi c a lin f 0 rlna t ion inn 0 wa y
14 shields public review and evaluation, analysis and
15 consideration of what occurred.
16 This court often and frequently -- I know you,
17 Your Honor, your s el f, have s pent qui tea bi t of
18 time on the criminal bench and handled juvenile
19 cas e s a s we 1 I . Crime victims in many scenarios are
20 protected from having their information revealed,
21 and their information is treated as confidential.
22 It does not stop a fair disposition of justice. I t
23 does not st op t he court s from engagi ng ina full
24 and thorough review of the circumstances
25 surrounding whatever event is at issue. And that
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1 certainly is the case here.
2 Shielding the officer's personal biographical
3 information will not stop a grand jury from
4 reviewing what occurred. I t wi lIn 0 t s top a n
5 Internal Affairs investigation from moving forward
6 fully and thoroughly reviewing what occurred. I t
7 will not prevent the State Attorney's Office from
8 reviewing the facts and the circumstances
9 considering whether or not this is anything more
10 than a situation where the officer was a victim.
11 And if it's somehow, at some later date, determined
12 that he wasn't a victim, then he would no longer be
13 a f for de d the pro t e c t ion s 0 f Ar tic 1 e I Sec t ion 16.
14 So I woul d submi t to the Court that there is
15 an absolute likelihood of irreparable har~ because
16 once this -- once the bell is rung, the proverbial
17 bell is rung, we can't unring it, Your Honor.
18 There woul d be no adequat e remedy at 1 aw to peel it
19 back.
20 As for the sub s tan t i a I I ike 1 i h 0 0 d 0 f s u c c e s s
21 on the meri ts, the thi rd prong, you know, the
22 courts have said that in order to establish that
23 I am going to cite Naegele, which is cited at 6
24 and then Naegele is spelled N-A-E-G-E-L-E. And
25 am sorry, Your Honor, it's the Ci ty of J acksonvi II e
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1 versus Naegele, cited at 634 So.2d 750, Florida
2 First District Court of Appeals opinion from 1994;
3 which held that to establish a substantial
4 likelihood of success, a movant must demonstrate a
5 p rima f a c i eel ear rig h t tot her eli e f r e que s ted.
6 I would submit to the Court that Marsy's law,
7 as it's ratified in the Florida Constitution,
8 creates at least a presumption that law enforcement
9 officers are included within the definition of
10 victim simply by the virtue of the fact that it
11 doesn't exclude them. That the plain language of
12 the cons tit ut i onal amendment stands for the
13 proposition that they are entitled to be considered
14 vi c t i ms. There is no reason to exclude them from
15 that definition, and I believe at a minimum there
16 i sap rima f a c i e rig h t t hat's bee n est a b 1 ish e d.
17 Certainly, like most presumptions in the law,
18 it can be rebutted. But I think if we are in a
19 position where we enj oy the privilege of a
20 rebuttable presumption that we, as stated, a prima
21 f a c i e c I ear leg a I rig h t tot her eli e f we are
22 requesting.
23 You kno~ add to which I would also note that
24 the City has filed a response citing reasons why
25 that's not necessarily the case. But I do bel i eve
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1 that, you know, at least preliminarily we can
2 distinguish the arguments presented by the City.
3 You know, first of all, going back to the
4 definition of a victim, there is nothing in the
5 definition of victim in statute or otherwise that
6 would exclude a law enforcement officer from being
7 a vic tim 0 f a c rime. know this court has seen it
8 many times, and I don't think anybody would
9 dispute -- you kno~ we have had law enforcement
10 officers unfortunately murdered right here in our
11 communi ty, and I don't thi nk it's in any way
12 supported by law, or otherwise, to suggest that
13 police officers can't be victims. am certain
14 their families would agree with that position.
15 But the City cited the Good Samaritan law and
16 the kind of the conflict that has revolved
17 around that. The City has cited that the case law
18 surrounding the Good Samaritan la~ and the fact
19 that it doesn't apply to law enforcement officers,
20 has a, I t hi nk, overbroad pos it ion that -- and I
21 wa n t t 0 quo t e the Cit y car e f u 1 1 y - - t hat due t 0
22 their special status as government actors, police
23 officers are treated differently than members of
24 the general public.
25 And I don't agree with that broad
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1 representation of the holding in that case.
2 would submit to the Court that what the Court
3 actually found -- or I am sorry, the Attorney
4 General outlined in his opinion -- at the time it
5 was At tor ney General But t erwort h. He offered as
6 persuasive precedence to this court that it was a
7 law enforcement officer's common law duty to render
8 aid that excepted them from the provisions outlined
9 i n t he Good Samar i t an Act} and t he Good Samar i tan
10 statute. That it wasn't necessarily their special
11 act -- their special status as a generic government
12 act or. It was a common law duty for law
13 enforcement officers to render aid going back eons.
14 And it was that duty that was longstanding and well
15 entrenched in the law that excepted them from the
16 prot ect ions of t he Good Samar it an law.
17 I thi nk it's worth noti ng that in that same
18 Attorney General opi ni on, Your Honor, the Attorney
19 General went on to note that correction officers,
20 who are still law enforcement officers, they didn't
21 have the same common law duty to render medical aid
22 in just a general sense, and so therefore, they had
23 broader protections under the Good Samaritan law
24 from civil suit.
25 So once again, you know, I think it's a very
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1 limited situation that -- where the Court recognize
2 the common law duty. I am not aware of any common
3 law duty for a law enforcement officer's identity,
4 biographical information, or otherwise to be
5 revealed. In fact, the Public Records Act, as it
6 exists now, had already carved out recognized
7 exemptions in the public records laws for law
8 enforcement officers, which is another argument the
9 City has advanced, in opposition I guess, to this
10 mot ion.
11 But once again, that is distinct because at
12 issue here is a constitutional amendment that
13 de fin e s vic tim. To the extent that 119 does bump
14 up against the constitutional amendment, which I
15 don't concede that it does, but even in the event
16 that it did bump up against the constitutional
17 amendment, I think pretty much a fundamental law
18 that the constitutional provision should trump and
19 does trump.
20 But I would submit to the Court that 119, even
21 if you want to read it broad instruction into 119
22 as is required, and we concede that point, that
23 Sect ion 119.071 at (j) 1 tal ks about how any
24 document that reveals the identity, home or
25 employment telephone number, home or employment
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1 address or personal assets of the victims of a
2 crime, or identifies that person as a victim of a
3 crime, would be exempt.
4 So I think the City's attempts to argue that
5 119 somehow trumps, or rules, controls here, do
6 not -- would not survive scrutiny either.
7 And in that same vein, Your Honor, if we take
8 the City's argument that 119 is somehow controlling
9 and supersedes the constitutional amendment at
10 issue here, then woul d s ubmi t tot he Court that
11 it would swallow the constitutional amendment
12 entirely. To the extent that there is not a broad
13 exempti on in 119, the one that I just read to the
14 court, if somehow that doesn't truly apply to
15 victims, then what good is the constitutional
16 amendment?
17 So we would submit, at least for purposes of
18 status quo, Your Honor, that we have met the burden
19 at this preliminary stage of these proceedings, and
20 that preserving the status quo does not in any way
21 disserve the public interest. The publ i c wi II
22 s til Ire c e i ve a I I 0 f the per tin e n tinfor rna t ion t hat
23 it needs to evaluate the actions of the law
24 enforcement officer, and for -- to which his
25 identity is not relevant.
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1 am -- and I can't i magi ne a scenari 0 where
2 the public not having the actual name of an officer
3 will prevent the public from reviewing the facts
4 and circumstances and determining whether or not
5 the actions of the officer were legitimate. This
6 doesn't frustrate the public's ability to basically
7 look over the shoulder of government officials and
8 review and consider their action. It also doesn't
9 prevent any other agency, body, forum or commission
10 from doing the same.
11 I would also point Your Honor to 119.071(i),
12 which deals with body camera footage, and the fact
13 that body camera footage from a law enforcement
14 officer is confidential when necessary to advance a
15 compelling interest and disclosure that harm of the
16 reputation or jeopardizes safety of any persons
17 depicted in the recording, or the confidentiality
18 is necessary to prevent a serious and imminent
19 threat to the fair, impartial and orderly
20 administration of justice; and where the recording
21 can be redacted to privacy interests. And t hi sis
22 at, like I said, 119.071(i). And then the
23 provisions that flow -- that follow thereafter.
24 You know, Your Honor, there has also been some
25 quest i on here, or some - - I guess, the issue was
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1 raised by the City about the body cam -- about the
2 wiretapping statute, 934, and, you know -- I am
3 sorry, 943.03. My apologies, Your Honor.
4 woul d just poi nt out tot he Court that the
5 statute there and the case law that was cited by
6 the City still discusses a reasonable expectation
7 of privacy, which is always the analysis, and that
8 it's really not novel that the law enforcement
9 officers in those particular circumstances in a
10 road stop -- a roadside stop did not engage di d
11 not enj oy, rather, a reasonabl e expectati on of
12 pri vacy.
13 I woul d poi nt out that there is no no
14 evidence in the cases cited by the City in that
15 regard that would support a conclusion those law
16 enforcement officers were victims of a crime. And
17 even if t hey were, Marsy's 1 aw di dn' t exi st at that
18 time, so the analysis of the Court of that -- in
19 that respect is just not on point with what's in
20 front of the Court today. We have a different law
21 altogether, and different facts, because our facts
22 sup p 0 r t the con c Ius ion t hat 0 u r 0 f f ice r wa s a
23 vic tim of c rime.
24 So with that, Your Honor, unless the Court has
25 any questi ons of me, I wi II - - I wi II stop my
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1 present at ion.
2 THE COURT: Let me hear from Ms. Monroe.
3 MS. MONROE: Good af t e r noon, Your Honor.
4 Hannah Monroe on behalf of the City.
5 fir s t wa n t t 0 dis c us s the pro c e d u r a I po stu r e
6 we ar e i n. Normally a lawsuit seeking declaratory
7 relief or a declaratory judgment should have been
8 filed, and then a follow-up emergency motion for a
9 prel i mi nary i nj unct ion shoul d follow. That way
10 that there would be a lawsuit that would be
11 resolved on the merits.
12 The Ci t Y has not r a i sed t ha t pI' oc e dur al iss ue
13 i nit s - - i nit s I' e s po n s e, but I did wa n t tor a i s e
14 i t for the Cour t . We are essentially construing
15 this injunction as a request for declaratory
16 judgment from the Court and for a ruling on the
17 merits from the Court to assist the City with its
18 obligation under the public records law.
19 Mr. Webster discussed that the Constitution
20 would trump the requirement of public records under
21 Section 119. However, woul d like to di rect the
22 Court, as I di d - - as we di din the Ci t y' s
23 res po n s e} t 0 Flo rid a Con s tit uti 0 n AI' tic 1 e I Sec t ion
24 24, which enshrines in Florida's Constitution the
25 access of citizens to public records. It is --
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1 details regarding that right are outlined in
2 Section 119, but it is a constitutional right of
3 the public to -- to have access to public records.
4 So I wanted to address Mr. Webster's comment
5 with that regard, that we are not saying Section
6 119 supersedes a constitutional amendment, but we
7 are saying that access to public records is a
8 constitutional right that's long been recognized in
9 FI or i da' s Cons tit ut ion. And as the Cour t knows,
10 any exemption to that constitutional right is to be
11 construed liberally in favor of disclosure.
12 While we understand the PBA and the officer's
13 concerns, and are sensitive to them, we do think
14 that Florida Statute 914.15, which discusses the
15 nondisclosure of personal information of law
16 enforcement officers, adequately addresses the
17 officer's concern, it prohibits the disclosure of
18 any resi dence, home telephone number, any personal
19 information regarding the officer's family;
20 however, it does not excl ude the offi cer' s name
21 from being a part of a public record.
22 We -- we do -- we do not e t ha t t hi sis a nove 1
23 issue wi th regard to Marsy's Law; however, we do
24 thi nk that the case I aw we've provi ded in our
25 response is instructive to the Court as other
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1 courts have addressed the public's first amendment
2 right to gather information about what public
3 officials do.
4 As we cited in the response, the Northern
5 District of Florida, which would be persuasive
6 authority on this court, did state that an officer
7 did not have a reasonable expectation of privacy in
8 performing his public duty.
9 That was, as Mr. Webster pointed out, with
10 regard to the wiretapping statute, but the City's
11 position is that the reasoning behind that ruling,
12 although it was specific to the wiretapping
13 statute, is still instructive in this case.
14 And the Court held there that an expectation
15 of privacy in these types of circumstances could
16 potentially undercut societal expectations of
17 police accountability. And that's the City's
18 concern in thi sease. We want to full y f ul fill our
19 obligation to be accountable to the public, and
20 that's why we are seeking a ruling from the Court
21 about the proper thing to do.
22 Regarding Marsy's Law specifically. Mar s y' s
23 Law does exclude a, quote, "accused", end quote,
24 from the definition of victim. An d at t his poi n t I
25 we think the issue is that the officer's use of
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1 force is being reviewed, and records are being
2 withheld based on the active criminal investigation
3 statute based on the upcoming grand jury
4 investigation into the case.
5 So unfortunately, the posture has -- has
6 shifted, where now the officer's conduct is
7 bei ng -- is bei ng revi ewed, not as a vi ct i m, but in
8 regard to whether his use of force was appropriate
9 in this situation.
10 This is not a case where someone has been
11 charged with battery on law enforcement, for
12 instance, and an officer was listed as a victim.
13 Thi sis - - t hi s was whi 1 e - - whi let he of f i c er' s
14 conduct, we believe, in the facts that have been
15 written in the injunction were justified based on
16 the use-of-force that he was presented with, we do
17 not believe that that makes hima victim subject to
18 the protection of Marsy's Law. That would be a
19 question for the grand jury based on how the facts
20 bear out of whether the use-of-force was justified
21 i n t hi s sit ua t ion.
22 But we do recognize that it is a complex
23 issue, and are al so aski ng for gui dance from the
24 Court to ensure that the City is fulfilling its
25 obligations under both the State and Federal
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1 Constitution, as well as Florida's public records
2 law, but that we do preserve, if any exists, any
3 right of privacy that an officer may have under
4 Marsy's Law.
5 Thank you, Your Honor.
6 THE COURT: Mr. Webster.
7 MR. WEBSTER: Yes, Your Honor, - - I - - I
8 can't understand the distinction that the City is
9 drawing between a battery on a law enforcement
10 officer and aggravated assault with a deadly
11 weapon, or in this case a firearm. don't know
12 that there is any legal authority to support the
13 City's contention that a police officer is, you
14 know, that is a victim -- a crime involving a
15 victim when it's a battery but it's not a crime
16 against an officer to point a firearm at him, so
17 am not sure that real I y follow that anal ysi s.
18 certainly am not aware of any authority to support
19 it.
20 And, you know, I am -- my r evi ew, Your Honor,
21 shows that that the Court actually has the
22 ability to enter the temporary injunction ex parte
23 on a motion from a party before a complaint is
24 filed. It' s - - i tis - - I a m not a wa reo f a 1 a w
25 that says that both have to happen simultaneously.
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1 The whole point of the emergency motion is to
2 try to get something quickly in front of the Court,
3 and it can be done ex parte, is my understanding.
4 Once again, have -- Your Honor, I am trying
5 to acre make sure I don't overstate the law, but --
6 so from a procedural standpoint, if the Court can
7 enter an ex parte, then I think it, you know,
8 follows that it can occur before a lawsuit has been
9 filed and a summons served.
10 And I think I am -- I would cite, Your Honor,
11 t he one I read you. I am sorry, Judge. did find
12 a case I read the other day, or my lawsuit partner
13 di d. It's Hu, H- U, versus Hu, H- U, and ci ted at
14 942 So. 2d 992. It's a Fi f t h Di s t ric t Cour t of
15 Appeals case, Your Honor, from 2006, where the
16 court said that basically the purpose of a
17 temporary or preliminary injunction is not to
18 resolve a dispute, but rather to prevent
19 irreparable harm by maintaining status quo until a
20 final hearing can -- a final hearing can occur, and
21 t hat f u I 1 reI i e f rna y be pro v ide d. It also goes on
22 to stand for the proposition that it can be entered
23 ex parte.
24 So from a procedural standpoint, this is
25 absolutely proper, and our position is it's proper,
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1 and that, you know, although the City says that,
2 you kno~ it's important that the wiretapping
3 statute stands for the proposition, or the case law
4 related thereto stands for the proposition that
5 it's important for the citizens to be able to, you
6 know, oversee what government does, we don't
7 disagree with that at all. But onc e aga i n, j us t
8 am not aware how the City can reasonably contend
9 that this officer's actions can't be fully
10 evaluated and considered without knowing his name.
11 I don't know why his name is relevant to an
12 analysis of whether or not his actions were
13 appropri at e.
14 mean, the -- eventually the body camera
15 videos could be released as long as the release
16 complies with 119, insofar as it exempts them from
17 product ion. An d the r e, his ide n tit Y c 0 u I d be
18 pixilated, but citizens could still be afforded a
19 full and fair opportunity to review what occurred.
20 Once agai n, the grand jury, thi s court,
21 Internal Affairs, everybody, people have a full and
22 fair opportunity to review what happened. And, you
23 know, by the Ci t y' sown s t i puI at ion, just don't
24 think there is any reasonable basis to assert that
25 our client was not the victim of an aggravated
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1 assault with a deadly weapon and, therefore, a
2 victim under Florida Statutes.
3 Thank you.
4 I mean, I -- can the City clarify, are they
5 opposing -- because they never would give me their
6 pos i t ion. Are they opposing the motion here, or is
7 it -- or are they neutral?
8 THE COURT: Yes, can you answer that question,
9 Ms. Monroe? That was not clear to us either.
10 That's a question that I had.
11 MS. MONROE: We see both sides and are seeking
12 guidance from the Court on what our obligations are
13 under the law, being sensitive to the officer's
14 con c ern s , but a 1 sob e i n g a cut ely a wa rea n d wa n tin g
15 to fulfill our obligation under the Public Records
16 Law and the Florida Constitution.
17 THE COURT: Well, thi sis certai nl y a case of
18 great public importance, not only under the facts
19 of thi s case, but for other cases down the road
20 that may deal with similar facts.
21 I am concerned about being asked to make a
22 decision on a case of this great importance based
23 on the record as it stands right now. I have got a
24 motion for emergency injunction in a case that was
25 f i I ed Monday af t ernoon, t hi s week on June 1, and I
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1 have got a document called City of Tallahassee's
2 Response to Motion for Emergency Inj unction that
3 was filed Monday afternoon about 5:30. And I have
4 got the this on for hearing at the earliest time
5 coul d set it, whi ch was noon today, but I am
6 concerned because there does not appear to be a
7 true case or controversy before this court.
8 The response of the City of Tallahassee does
9 not really indicate that there has been a formal
10 Public Records Request, and that the City has taken
11 an official position on that Public Records
12 Request.
13 There is a sentence on the first page of the
14 City's response that says: The City has now
15 received numerous requests for records from the
16 publ i c, i ncl udi ng the medi a, regardi ng t hi s
17 i nci dent. But it doesn't say who made those
18 requests and what the responses were.
19 And t hi s j us t looks like f or me, i nit s
20 present procedural posture, as a request for an
21 advi sory opi ni on from me, and I just don't have the
22 authority to issue an advisory opinion. There has
23 got to be an actual case or controversy before the
24 Court.
25 Normall y, ina Publ i c Records Request -- and I
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1 have handled a lot of those lawsuits. What happens
2 is the requesting party makes the request and for
3 some reason is dissatisfied with the government's
4 response. Maybe i twas unt i mel y, or maybe they
5 said certain things were exempt, or whatever, and a
6 lawsuit is filed, and I have got an adversarial
7 procedure that comes before me by the requester and
8 the requestee, and I have got something to -- an
9 a d v e r s a ria leo n t r 0 v e r s y t 0 de a I wi t h. I don't have
10 that in this case.
11 You kno~ the pleadings --
12 MS. MONROE: Your Honor.
13 THE COURT: Ms. Monroe.
14 MS. MONROE: May the City address that
15 bri efl y?
16 THE COURT: Sure.
17 MS. MONROE: We have recei ved Publ i c Records
18 Requests, and the Tallahassee Police Department did
19 release a public position that the officer's name
20 was being excluded, or withheld from the public
21 based on Marsy's Law.
22 THE COURT: You see that's not in the
23 pI eadi ngs. That's not in the pleadings that I have
24 got before me.
25 An emergency injunction, as both of you know,
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1 is a real drastic remedy for a court to take, and I
2 have got to have a record before me. These
3 requesting people certainly would have the right to
4 be heard in t hi s case, and I just don't have that.
5 In addition, another big problem I have is
6 being asked to issue an opinion on such a case of
7 great public importance is I really believe that
8 rule 1.071 of the Florida Rules of Civil Procedure
9 i s rna n d a tor yin a cas eli k e t his.
10 That rule states that a party that files a
11 pleading which draws into question the
12 constitutionality of the statute must promptly file
13 a notice of constitutional question stating the
14 question and identifying the document that raises
15 the question, but also has to serve that notice and
16 the pleading on the Attorney General for the State
17 of Florida or the State Attorney.
18 And the reason for that rule is real, real
19 cl ear. The State of Florida must have the
20 opportunity to respond to the constitutional
21 question involved.
22 Here we have got parties asking this court to
23 interpret Article I Section 16 of the Florida
24 Constitution and determine whether it applies to
25 t hi s sit ua t ion. I have got -- you are asking me to
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1 make that interpretation in conjunction with an
2 i n t e r pre tat ion 0 f Ar t i cl e I Sec t ion 24 0 f the
3 Const i t ut ion, bei ng a publ i c records, and the
4 public records statutes under primarily Chapter 119
5 of Florida Statutes.
6 And as, Mr. Webster, as you pointed out, those
7 statutes kind of bump up against Article I Section
8 16, and I think that notice has got to be filed.
9 It's got to be served on t he At t orney General or
10 the State Attorney in there so I can get more input
11 on t hi s.
12 am not - - I am not pas sing on t he mer its of
13 either side of the case. I am just saying I am not
14 ina posi ti on today to enter any ki nd of i nj uncti on
15 because that's an awfully big step for me to be
16 making based on the record I have got before me
17 today.
18 So I am not going to tell you -- tell y'all
19 how to proceed exactly on that. know y' all can
20 f i gur e t ha tout. But I have got to have t hi s case
21 in a posture where there is an actual case or
22 controversy before me, and the Attorney General or
23 the State Attorney has been noticed that the
24 constitutionality of either Chapter 119 or being in
25 conjunction the Public Records Law with Marsy's
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1 Law.
2 Be c a use the wa y t hat r u 1 ere ads, and I t hi n k
3 it' s pro b a b I y d r aft edt his wa y ve r y, ve r y
4 intentionally, because it says: A pleading which
5 draws into question the constitutionality of a
6 statute requires those procedural steps included in
7 Rul e 1. 071.
8 So I am going to deny the motion for emergency
9 injunction based on those reasons, but I want to
10 make it clear that I am not passing on the merits
11 indo i ng t ha t . I am just saying based on the
12 record before me today, cannot grant the
13 emergency i nj unct ion.
14 MR. WEBSTER: Thank you, Your Honor. I - - and
15 understand the Court's analysis.
16 I wi 1 I jus t tel 1 the Co u rtf 0 r pur po s e s 0 f
17 background, basi call y I recei ved word on Fri day
18 that the City was, I think, intent on releasing the
19 i n for rna t ion. was gi ven unt i 1 Monday to fi Ie.
20 And I -- I will more than likely follow-up with a
21 petition for declaratory judgment that -- that
22 woul d surround my cl i ent' s ri ghts to avai 1 hi msel f
23 of the protection of Marsy's Law, and we will
24 comply with the other concerns -- try to hopefully
25 address the other concerns of the Court, and
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1 hopefully the City will agree to maintain the
2 status quo until we can present a case in
3 controversy for the Court to resolve on the merits.
4 And I really appreciate your time and
5 consideration, Judge, and the fact that you rushed
6 it.
7 THE COURT: Anything further for me to decide?
8 MS. MONROE: Nothi ng from the Ci ty, Your
9 Honor.
10 THE COURT: Okay. Thanks.
11 Court is adj our ned.
12 (Whereupon, the proceedi ngs concl uded at 12: 45
13 p. m. )
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15
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17
18
19
20
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1 CERTIFICATE OF REPORTER
2 STATE OF FLORIDA ) COUNTY OF LEON ) 3
4 I, DEBRA R. KRICK, Professional Court
5 Reporter, certify that the foregoing proceedings were
6 taken before me at the time and place therein
7 desi gnated; that my shorthand notes were thereafter
8 translated under my supervision; and the foregoing
9 pages, numbered 3 through 31, are a true and correct
10 record of the aforesaid proceedings.
11 I further certify that I am not a relative,
12 employee, attorney or counsel of any of the parti es, nor
13 am I a relative or employee of any of the parties'
14 at tor n e y 0 r c 0 un s e 1 con n e c ted wi t h the act ion, nor a m I
15 financially interested in the action.
16 DATED t hi s 5t h day of June, 2020.
17
18
19
20 DEBRA R. KRI CK 21 NOTARY PUBLI C COMMISSION #GG015952 22 EXPIRES JULY 27, 2020
23
24
25
Premier Reporting Reported by:108 Debbie Krick Filing # 110738324 E-Filed 07/24/2020 10:11:09 AM
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., A Florida Citizen; JOHN DOE 1, and JOHN DOE 2, A Florida Citizen,
Petitioners, CASE NO.: 2020 CA 1011
v.
CITY OF TALLAHASSEE, FLORIDA,
Respondent. ------~/ ORDER ON PETITION FOR DECLARATORY JUDGMENT, WRIT OF MANDAMUS, AND PRELIMINARY INJUNCTION
A hearing was held on July 13,2020 on the Florida Police Benevolent Association, Inc.'s
("the PBA") petition for declaratory judgment, writ of mandamus, and preliminary injunction. All
parties were represented by counsel at the hearing. Counsel attended the hearing by telephone
because of the COVID-19 pandemic.
The PBA filed this suit against the City of Tallahassee attempting to prevent the disclosure
of public records identifying the names of two City police officers involved in separate, on-duty
shootings resulting in the deaths of two civilians. Intervening in the case were The First
Amendment Foundation, Florida Press Association, Gannett Co., Inc., Miami Herald Media
Company, and The New York Times Company (collectively, the "Intervenors").
The PBA asserts the names of the two City police officers should not be disclosed because
those two officers are crime victims as covered by Article 1, Section 16 ofthe Florida Constitution,
referred to as Marsy's Law. The City and the Intervenors claim law enforcement officers are not
covered by Marsy's Law under the circumstances of this case, and that these records must be
109 produced pursuant to Article 1, Section 24 of the Florida Constitution, referred to as the Public
Records Law.
There appears to be no significant dispute regarding certain facts of these two incidents
involving these officers referred to as Doe 1 and Doe 2. According to the pleadings, officer Doe 1
fatally shot a suspect brandishing a knife at him in a threatening manner. Officer Doe 2 fatally shot
a person who was pointing a gun at him. The PBA asserts both officers were victims of an
aggravated assault with a deadly weapon under Florida's criminal law.
The PBA contends the officers' names should not be produced because they are protected
by Marsy's Law, which provides in pertinent part at Article 1, Section 16, (b) (5) of the Florida
Constitution:
(b) To preserve and protect the right of crime victims to achieve justice, ensure a meaningful role throughout the criminaL .. justice system for crime victims, and ensure that crime victims' rights and interests are respected and protected by law in a manner no less vigorous than protections afforded to criminal defendants... every victim is entitled to the following rights, beginning at the time of his or her victimization: *** (5) The right to prevent the disclosure of information or records that could be used to locate or harass the victim... or which could disclose confidential or privileged information of the victim.
The City and the Intervenors contend the officers' names should be produced because of
the Public Records Law, Article 1, Section 24 (a) of the Florida Constitution, which provides in
pertinent part as follows:
(a) Every person has the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on
2
110 their behalf, except with respect to records exempted pursuant to this section or specifically made confidential by this Constitution. The ultimate issue to be decided by this Court is whether the explicit language of Marsy's law was intended to apply to law enforcement officers as "victims" for acts done while on duty.
The express purpose of Marsy's Law is to afford crime "victims" the right to be more directly involved throughout the criminal process and to be kept informed of key proceedings. Art.
I, § 16(b), Fla. Const. Marsy' s Law defines a "victim" as "a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime .... " Art. I, § 16(e), Fla. Const. The definition of "victim" must be viewed in the context of the purpose of the law.
The Court finds that the explicit language of Marsy's Law was not intended to apply to law enforcement officers when acting in their official capacity. Marsy's Law provides "victims" certain rights such as the "right to due process and to be treated with fairness and respect for the victim's dignity," the right "within the judicial process, to be reasonably protected from the accused" and the right "to have the safety and welfare of the victim and the victim's family considered when setting bail, including setting pretrial release conditions." Art. I, § 16(b)(1), (3),
(4), Fla. Const.
In the case at hand, Petitioner seeks to treat officers Doe 1 and Doe 2 as victims; however, the would-be accuseds are dead, killed by the officers in the line of duty. The officers do not seek protection from the would-be accuseds, instead they apparently seek protection from possible retribution for their on-duty actions from unknown persons in the community. This type of protection is outside the scope of Marsy's Law and is inconsistent with the express purpose and
3
111 language of the amendment. This Court cannot interpret Marsy's Law to shield police officers from public scrutiny of their official actions.
Law enforcement officers have a unique public duty to enforce the laws of our State. Theirs is a very difficult and important job. The public has a vital right to evaluate the conduct of our law enforcement officers, who are empowered to arrest people and use deadly force. For this Court to hold that on-duty law enforcement officers may use Marsy's Law to prevent the disclosure of their names would provide them with a protection not intended by the express purpose of that law.
Finding that officers may avail themselves of "victim" status under Marsy' s Law would create a situation in which officers could act with virtual anonymity when resisted with violence
in the course of placing someone under arrest, when an officer is battered, or when officers are
involved in a shootout with an armed individual barricaded in a home. The Court must interpret these two constitutional provisions to give a harmonious reading to them. The Court must balance
crime "victim" rights under Marsy's Law and the public's right to hold government accountable
by inspecting state records. This case presents a situation in which law enforcement seeks to
enforce its interpretation of a specific constitutional provision which has the practical effect of
removing their actions from public scrutiny. This is inconsistent with the expressed purpose of
Marsy's Law.
Article I, Section 24 of the Florida Constitution grants the public a broad right to inspect
and copy the records of any state or local agency. When in doubt as to whether a record is public,
the question is resolved in favor of disclosure. See Nat'l Collegiate Athletic Ass'n v. Associated
Press, 18 So. 3d 1201, 1206 (Fla. 1st DCA 2009). Historically, the courts have held that the public
has First Amendment-based rights to gather information about police officers' on-duty public
actions, and that officers have no recognizable expectations of privacy in the same. See, ~, Smith 4
112 v. City of Cumming, 212 F.3d 1332, 1333 (l1th Cir. 2000). Individual officer names are vital for the public's ability to evaluate not only the officer's history of the use of force, but also the agency's treatment and discipline of its officers. Knowing the name of a police officer enables the public to conduct that meaningful review. See Tribune Co. v. Cannella, 438 So. 2d 516, 521 (Fla.
2d DCA 1983).
In addition, there is no specific exemption in Marsy' s Law that allows for the protection of a name. Art. 1, § 16(b)(5), Fla. Const., states "information or records that could be used to locate or harass the victim" may be protected from disclosure. Victims' names are not specifically protected. Public records exemptions already exist to protect law enforcement officer information, including their homes addresses, telephone numbers, dates of birth, and photographs in order to
"ensure the safety of these officers and their families." § 119.071 (4)(d), Fla. Stat. But that statutory exemption does not prohibit the release of law enforcement officers' names.
Based on the foregoing, the Court finds that the explicit language of Marsy's law was not intended to apply to law enforcement officers when acting in their official capacity. Accordingly, the relief requested by the Petitioner is DENIED. The City is ordered to disclose the requested public records in a form that identifies the names of officers Doe 1 and Doe 2. /l1. DONE AND ORDERED in Chambers, Tallahassee, Leon County, Florida, on this 1!l day of July, 2020.
CHARLES W. DODSON Circui Judge Copies furnished to counsel ofrecord via E-Portal
5
113 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., JOHN DOE 1 and JOHN DOE 2, Florida Citizens. CASE No.: 2020 CA 1011 Petitioners
v.
CITY OF TALLAHASSEE, FLORIDA,
Respondent.
______/
MOTION TO ENFORCE AUTOMATIC STAY
COME NOW, Petitioners John Doe 1 and John Doe 2, per Florida Rule of Appellate
Procedure 9.310(b)(2), and file this Motion to Enforce the Automatic appellate stay. In the alternative, Petitioners John Doe 1 and John Doe 2 seek the entry of a stay pending appeal. In support thereof, the Petitioners state as follows:
RELEVANT PROCEDURAL BACKGROUND
1. Petitioners along with PBA filed suit against the City of Tallahassee seeking to prevent
the disclosure of public records identifying the names of two city police officers involved I n
separate, on-duty shootings resulting in the deaths of two civilians. The First Amendment
Foundation, Florida Press association, Gannet Co., Inc, and other media companies intervened in
the litigation.
2. A hearing was held on July7 13, 2020 on Petitioners’ petition for declaratory judgment,
writ of mandamus and preliminary injunction.
3. This Court rendered an order on July 24 which denied Petitioners’ requested relief.
1
114 4. The Petitioners filed a Notice of Appeal and Notice of Automatic Stay placing the
parties on notice that the automatic stay provisions of Rule 9.310, Florida Rules of Appellate
Procedure was invoked by way of Petitioners John Doe 1 and John Doe 2’s unquestioned status as
municipal police officers being “any public officer in an official capacity” per the language of the
rule. Petitioners rely on City of Delray Beach v. White, 616 So. 2d 602 (Fla. 4th DCA 1993)(“The rule applies not only to the City of Delray Beach, but includes the police officers individually named in the complaint, as they were allegedly acting in their official capacities when the alleged civil rights violations occurred.”).
5. Despite the Petitioners’ notice; the City of Tallahassee has expressed an intent to release the names of John Doe 1 and John Doe 2.
ARGUMENT
City of Delray Beach v. White, 616 So. 2d 602 (Fla. 4th DCA 1993) is directly on-point
and requires the parties respect the automatic stay which is in place pursuant to the operation of
Rule 9.310. The officers in Delray Beach were acting in their capacities as municipal police officers when they allegedly committed civil rights violations. The officers in Delray Beach were afforded the protections of the automatic stay as “any public officer in an official capacity” where a judgment had been entered against them individually (the officers are named individually in the style of the opinion). The Fourth District wrote that the language of the rule applying the stay to
“any public officer in an official capacity” applied to the officers because they were “allegedly acting in their official capacities when the alleged civil rights violations occurred.”
In the current matter, the two individual Petitioners were unquestionably acting in their official capacities when they were assaulted with deadly force prior to the two, individual shootings. The individual Petitioners here brought suit, along with their bargaining representative,
2
115 seeking to enforce language found in the Florida constitution. In Delray Beach, the officers were defendants under judgment in a civil rights claim. If the Fourth District believed that the automatic stay did not apply to the individually named defendants/appellees; it would not have gone out of its way to state the opposite.
In light of an appellate opinion which is directly on point and which interprets the applicable rule; there is no rational basis to differentiate Petitioners John Doe 1 and John Doe 2 from those officers individually involved in the Delray Beach opinion. The automatic stay should be honored. The City has expressed an intent not to do so. This Court’s ruling would be appropriate.
Respectfully submitted,
/s/ Luke Newman
______Luke Newman Luke Newman, P.A. 908 Thomasville Road Tallahassee, Florida 32303 850.224.4444 (office) 850.224.9335 (fax) [email protected] Fla. Bar No. 0859281
3
116 CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been filed using the Florida ePortal system and electronic service has been directed to:
Stephanie Dobson Webster Carol Jean LoCicero Counsel for Florida PBA, Inc. Counsel for Intervenor News Media 300 East Brevard Street, #201 601 South Boulevard Tallahassee, Florida 32301 Tampa, Florida 33606 [email protected] [email protected]
Louis J. Baptiste Mark R. Caramanica – Counsel for Counsel for Florida PBA, Inc. Intervenor News Media 1615 Village Square Blvd Ste 5 601 South Boulevard Tallahassee, Florida 32309 Tampa, Florida 33606 [email protected] [email protected]
Stephen Webster Hannah Monroe Counsel for Florida PBA, Inc. Counsel for the City of Tallahassee 1615 Village Square Blvd Ste 5 300 S Adams Street, # A-5 Tallahassee, Florida 32309 Tallahassee, Florida 32301 [email protected] [email protected]
Cassandra Jackson Counsel for the City of Tallahassee 300 S Adams Street, # A-5 Tallahassee, Florida 32301 [email protected]
...on this twenty-fourth (24th) day of July, 2020.
Respectfully submitted,
/s/ Luke Newman
______Luke Newman Luke Newman, P.A. 908 Thomasville Road Tallahassee, Florida 32303 850.224.4444 (office) 850.224.9335 (fax) [email protected] Fla. Bar No. 0859281
4
117 Filing # 110778915 E-Filed 07/24/2020 04:28:09 PM
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., A Florida Citizen; JOHN DOE 1, and JOHN DOE 2, A Florida Citizen,
Petitioners, CASE NO.: 2020 CA 1011
vs.
CITY OF TALLAHASSEE, FLORIDA,
Respondent. ______/ CITY OF TALLAHASSEE’S RESPONSE IN OPPOSITION TO MOTION TO ENFORCE STAY
COMES NOW Respondent, CITY OF TALLAHASSEE, by and through undersigned
counsel and pursuant to Florida Rule of Appellate Procedure 9.310(b)(2) and responds in
opposition to Petitioners Doe 1 and Doe 2’s Motion to Enforce Stay and seeking an Order Denying
Petitioners’ Motion to Stay.
This Court has ruled that Marsy’s Law does not apply to Petitioners John Doe 1 and John
Doe 2 and has ordered the City of Tallahassee to “disclose the requested public records in a form
that identifies the names of officers Doe 1 and Doe 2.” (Order on Petition for Declaratory
Judgment, Writ of Mandamus, and Preliminary Injunction) Petitioners have filed a Notice of
Appeal and are now seeking an order from this Court enforcing what they classify as an “automatic
stay,” or in the alternative, entering a stay pending the appeal. The rule governing automatic stays
does not apply in this instance, and Petitioners have not made the required showing for this Court
to enter a stay pending appeal.
Florida Rule of Appellate Procedure 9.310 (b)(2) provides as follows:
118 The timely filing of a notice shall automatically operate as a stay pending review . . . when the state, any public officer in an official capacity, board, commission, or other public body seeks review; provided that an automatic stay shall exist for 48 hours after the filing of the notice of appeal for public records and public meeting cases. On motion, the lower tribunal court or the court may extend a stay, impose any lawful conditions, or vacate the stay. Fla. R. App. Pr. 9.310(b)(2). Under this rule, an automatic stay is self-executing upon the filing of the notice of appeal by a public body or public official seeking review to enforce a public right.
Citizens Property Ins. Corp. v. Admiralty House, Inc., 66 So. 3d 342, 345 (Fla. 2nd DCA 2011).
The purpose of the automatic stay triggered when a government entity or officer appeals an adverse judgment is to accord judicial deference to governmental decisions. Fla. Dept. of Health v. People
United for Med. Marijuana, 250 So. 3d 825, 828 (Fla. 1st DCA 2018).
However, an important limitation on the right to an automatic stay is that the public official must be seeking review to enforce a public right in an official capacity. Fouts v. Bolay, 769 So. 2d
504, 505 (Fla. 5th DCA 2000) (holding the appeal must be filed by a “public official in his official capacity seeking to enforce some public right”) (emphasis in original). The fact that an appellant happens to be a public officer does not invoke the automatic stay provisions of the rule. For example, in Fouts where the trial court determined that a public official had not properly qualified to run for re-election, the official was not entitled to an automatic stay of the order pending review of his ouster from office. In that instance, the court found the public official was seeking to enforce a private right, i.e. appealing merely to establish himself as a public official, and was not appealing to enforce a public right. For this reason, the court ruled that the automatic stay was inapplicable and reversed the court’s order enforcing the stay.
Similarly, in this suit, John Doe 1 and 2 are suing to enforce a private right, i.e. appealing to establish themselves as “victims” under Marsy's Law, and are not seeking to enforce a public right. Thus, the automatic stay provision of Florida Rule of Appellate Procedure 9.310(b)(d) does
2
119 not apply. The officers in City of Delray Beach v. White, the case relied on by Petitioners, were sued in their individual capacities, along with their City employer, for an alleged constitutional violation during the course and scope of their official duty. 616 So. 2d 602 (Fla. 4th DCA 1993).
The court ruled that the automatic stay provision of Rule 9.310(b) applied both to the City defendant/appellant and to the officers sued in their individual capacities. In this case, Doe 1 and
Doe 2 have not been made a part of a civil lawsuit pursuant to their official duties, as was the case in White, but have instead sued the City seeking to establish a private right, which means the automatic stay provision of Rule 9.310(b) do not apply to them.
Regarding Petitioner’s motion in the alternative seeking the entry of a stay pending appeal,
Petitioners have not established entitlement to such a stay by this Court. An appellate court applies an abuse of discretion standard in reviewing a lower tribunal’s order on a motion to stay. See Polar
Ice Cream & Creamery v. Andrews, 159 So. 2d 672 (Fla. 1st DCA 1964). A party seeking to stay a lower tribunal order pending appeal should demonstrate a likelihood of prevailing on appeal, irreparable harm to the movant if the motion is not granted, or a showing that a stay would be in the public interest. Lampert-Sacher v. Sacher, 120 So. 3d 667, 668 (Fla. 1st DCA 2013) (citing
White Const. Co., Inv. v. Dep’t of Transp., 526 So. 2d 998 (Fla. 1st DCA 1988)). Petitioners have failed to meet this standard and, indeed, have not even addressed this standard.
WHEREFORE, the City of Tallahassee seeks an order finding that there is no automatic stay in this case and denying the Motion to enter a stay in order to allow the City to comply with the Court’s order to disclose the requested public records in a form that identifies the names of officers Doe 1 and Doe 2.
3
120 Respectfully submitted on July 24, 2020.
s/ Hannah D. Monroe Cassandra K. Jackson City Attorney Fla. Bar No. 650757 Hannah D. Monroe Assistant City Attorney Florida Bar Number 102762 Assistant City Attorney City Attorney’s Office 300 South Adams Street, Box A-5 Tallahassee, FL 32301 (850) 891-8554; Fax: (850) 891-8973 [email protected] [email protected] Attorneys for Respondent City of Tallahassee
CERTIFICATE OF SERVICE
I hereby certify that on July 24, 2020, a copy of the foregoing was served via the court’s e- filing portal to counsel for the Petitioners at [email protected]; [email protected]; and [email protected]; and counsel for the intervenor (“News Media”) at [email protected] and [email protected].
s/ Hannah D. Monroe Cassandra K. Jackson City Attorney Fla. Bar No. 650757 Hannah D. Monroe Assistant City Attorney Florida Bar Number 102762 Assistant City Attorney City Attorney’s Office 300 South Adams Street, Box A-5 Tallahassee, FL 32301 (850) 891-8554; Fax: (850) 891-8973 [email protected] [email protected] Attorneys for Respondent City of Tallahassee
4
121 Filing # 110780932 E-Filed 07/24/2020 04:48:48 PM
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., A Florida Citizen; JOHN DOE 1, and JOHN Case No.: 2020 CA 1011 DOE 2, A Florida Citizen,
Petitioners, v.
CITY OF TALLAHASSEE, FLORIDA.
Respondent. ______/
NEWS MEDIA’S OPPOSITION TO MOTION TO ENFORCE AUTOMATIC STAY
Intervenors the First Amendment Foundation; Florida Press Association; Gannett Co., Inc.;
Miami Herald Media Company; and The New York Times Company (collectively, the “News
Media”) file this opposition to the Petitioners’ Motion to Enforce Automatic Stay, filed on July
24, 2020 (the “Motion”).
The News Media oppose the Motion and adopt and incorporate all arguments made by the
City in its July 24, 2020 opposition to the Motion. The News Media further state that the Does in
this case have proceeded in their private capacities as “Florida citizens,” (see June 12, 2020
Petition for Declaratory Judgment, Mandamus Relief, and Injunctive Relief, at case caption and ¶
3). Thus, they are not entitled to an automatic stay under Florida Rule of Appellate Procedure
9.310(b)(2).
Further, the Petitioners have proceeded under Article I, Section 16 (Marsy’s Law) in this
matter, not under the Public Records Act. Therefore, the 48-hour stay provisions generally
applicable to public records cases under Florida Rule of Appellate Procedure 9.310(b)(2) and
Section 119.11(2) of the Florida Statutes do not apply.
122 However, as this case impacts the right to obtain public records, before entering any general
stay pending appeal, this Court must first find that “there is a substantial probability that opening the records for inspection will result in significant damage.” See § 119.11(3), Fla. Stat. (2019).
Petitioners have not made, and cannot make, any such showing in this case. Indeed, as this Court
recognized in its order denying Petitioners relief, the Doe officers’ identities are not the kind of
information that can be used to harass or locate an individual under Marsy’s Law, public records
exemptions already exist to protect such information as officer home addresses and telephone
numbers, and the Does “apparently seek protection from possible retribution for their on-duty
actions from unknown persons in the community.” See Order on Petition for Declaratory
Judgment, Writ of Mandamus, and Preliminary Injunction dated July 24, 2020 (emphasis added).
WHEREFORE, the News Media respectfully request that this Court deny the Motion.
Dated: July 24, 2020 Respectfully submitted,
THOMAS & LOCICERO PL
/s/ Carol Jean LoCicero Carol Jean LoCicero (FBN 603030) Mark R. Caramanica (FBN 110581) 601 South Boulevard Tampa, FL 33606 Telephone: (813) 984-3060 Facsimile: (813) 984-3070 Primary e-mail: [email protected] Secondary e-mail: [email protected] Primary e-mail: [email protected] Secondary e-mail: [email protected]
- and -
2 123 Daniela B. Abratt (FBN 118053) 915 Middle River Drive, Suite 309 Fort Lauderdale, FL 33304 Telephone: (954) 703-3418 Facsimile: (954) 400-5415 Primary e-mail: [email protected] Secondary e-mail: [email protected]
Attorneys for News Media Intervenors
CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 24th day of July, 2020, I caused a true and correct
copy of the foregoing to be served electronically upon counsel of record by e-mail via the Florida
Courts E-Filing Portal to:
Stephen G. Webster Hannah D. Monroe Louis J. Baptiste Assistant City Attorney 1615 Village Square Blvd., Suite 5 City Attorney's Office Tallahassee, FL 32309 300 South Adams Street, Box A-5 [email protected] Tallahassee, FL 32301 [email protected] [email protected] and and Stephanie Dobson Webster Cassandra Jackson Florida Police Benevolent City Attorney Association, Inc. City of Tallahassee 300 E. Brevard Street 300 South Adams Street Tallahassee, Florida 32301 Tallahassee, FL 32301 [email protected] [email protected]
Counsel for Petitioners Florida Police Counsel for Respondent Benevolent Association, Inc., John Doe 1 City of Tallahassee and John Doe 2
Luke Newman Luke Newman, P.A. 908 Thomasville Road Tallahassee, FL 32303 [email protected]
Counsel for Petitioners Florida Police Benevolent Association, Inc., John Doe 1 and John Doe 2 /s/ Carol Jean LoCicero Attorney
3 124 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., JOHN DOE 1 and JOHN DOE 2, Florida Citizens. CASE No.: 2020 CA 1011 Petitioners
v.
CITY OF TALLAHASSEE, FLORIDA,
Respondent.
______/
SUPPLEMENT TO MOTION TO ENFORCE AUTOMATIC STAY
COME NOW, Petitioners Florida Police Benevolent Association, Inc., John Doe 1 and
John Doe 2, per Florida Rule of Appellate Procedure 9.310(b)(2), and file this Supplement to the
earlier-filed Motion to Enforce the Automatic appellate stay. Petitioners supplement as to one
issue only: the alternative relief requested in requesting a stay pending appellate review pursuant
to Rule 9.310(a). In support thereof, the Petitioners state as follows:
LEGAL ANALYSIS
In deciding whether to grant a stay pursuant to Rule 9.310(a), this court generally considers the movant’s likelihood of success on the merits and the likelihood of harm should a stay not be granted. Perez v. Perez, 769 So. 2d 389, 391 n.4 (Fla. 3d DCA 1999); Everett v. Everett, 196 So.
3d 483, 484 (Fla. 1st DCA 2016).
LIKELIHOOD OF SUCCESS ON THE MERITS
This Court has previously entered its ruling. Petitioners will not attempt herein to argue
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125 with this Court’s stated analysis. The Petitioners have filed a Notice of Appeal and obviously plan
to seek to overturn the adverse judgment on appeal. Petitioners would point-out that the current case seems to be a case of first impression in Florida without any decisional authority which would be adverse to their legal position. The Petitioners’ filings revealed that various actors within the
City of Tallahassee viewed the relevant law in accordance with the Petitioners’ viewpoint.
Furthermore, the current case involves questions of Florida constitutional law. This Court stated at hearing that the resolution of the dispute involves the harmonization of provisions of the Florida
Constitution. Florida appellate courts are generally where that determination would traditionally occur.
Without arguing with this Court’s earlier ruling; the constitutional language relied upon by
Petitioners is plain and expansive. Petitioners are not seeking to review a discretionary decision or an evidentiary ruling; but are instead pursuing a de novo appeal related to legal analysis on largely stipulated facts. If there ever were an appellate proceeding where success on the merits could be imagined: Petitioners submit that it presents itself here.
LIKELIHOOD OF HARM SHOULD THE STAY NOT BE GRANTED
Because the final judgment at issue addresses the public identification of Petitioners John
Doe 1 and John Doe 2; a stay is necessary to maintain the status quo so that there will exist an
effective remedy available in the event of a reversal. See generally QBE Ins. Corp. v. Chalfonte
Condominium Apartment Ass’n. Inc., 94 So. 3d 541, 555 (Fla. 2012). Absent this requested stay:
the harm done to the Appellants John Doe 1 and John Doe 2 could not be corrected by an appellate
reversal. Because the public identification of the two, individual Petitioners presents this Court
with a “cat out of the bag” scenario; irreparable harm would be incurred upon denial were the
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126 requested stay to be denied. See generally Lampert-Sacher v. Sacher, 120 So. 3d 667, 668 (Fla.
1st DCA 2013)(relying on White Const. Co., Inc. v. Dept. of Transp., 526 So. 2d 998 (Fla. 1st
DCA 1988)).
WHEREFORE, in the event this Court determines that the automatic stay provisions of
Rule 9.310(b) do not apply, Petitioners request this Court consider the above for purposes of entering a stay pursuant to Rule 9.310(a).
Respectfully submitted,
/s/ Luke Newman
______Luke Newman Luke Newman, P.A. 908 Thomasville Road Tallahassee, Florida 32303 850.224.4444 (office) 850.224.9335 (fax) [email protected] Fla. Bar No. 0859281
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been filed using the Florida ePortal system and electronic service has been directed to:
Stephanie Dobson Webster Carol Jean LoCicero Counsel for Florida PBA, Inc. Counsel for Intervenor News Media 300 East Brevard Street, #201 601 South Boulevard Tallahassee, Florida 32301 Tampa, Florida 33606 [email protected] [email protected]
Louis J. Baptiste Mark R. Caramanica – Counsel for Counsel for Florida PBA, Inc. Intervenor News Media 1615 Village Square Blvd Ste 5 601 South Boulevard Tallahassee, Florida 32309 Tampa, Florida 33606 [email protected] [email protected]
Stephen Webster Hannah Monroe Counsel for Florida PBA, Inc. Counsel for the City of Tallahassee 1615 Village Square Blvd Ste 5 300 S Adams Street, # A-5 Tallahassee, Florida 32309 Tallahassee, Florida 32301 [email protected] [email protected]
Cassandra Jackson Counsel for the City of Tallahassee 300 S Adams Street, # A-5 Tallahassee, Florida 32301 [email protected]
...on this twenty-seventh (27th) day of July, 2020.
Respectfully submitted,
/s/ Luke Newman
______Luke Newman Fla. Bar No. 0859281
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128 Filing # 111100774 E-Filed 07/31/2020 12:34:16 PM IN AND FOR LEON COUNTY, FLORIDA
FLORIDA POLICE BENEVOLENT ASSOCIATION, INC., JOHN DOE 1 and JOHN DOE 2, Florida Citizens. CASE No.: 2020 CA 1011 Petitioners v.
CITY OF TALLAHASSEE, FLORIDA,
Respondent. ------~/ ORDER ENFORCING AUTOMATIC STAY
THIS CAUSE came before the Court upon Petitioners' Motion to Enforce Automatic Stay which also alternatively requested a discretionary stay as well as the Petitioners' Supplement which sought the same relief. This Court having considered the pleadings, argument at hearing held July 30, 2020, and being otherwise fully advised in the premises, fmds as follows:
Petitioners' motion is hereby GRANTED as to the automatic stay only. The automatic stay provisions of Rule 9.31 O(b )(2) shall remain in place pending the outcome of the appeal initiated by the filed Notice of Appeal. In light of the pending appeal, Respondent shall not disclose any public records at issue in this matter in a form that contains the names of Petitioners John Doe 1 and John Doe 2 until the appellate resolution of this matter. This ruling is entered in reliance on the language of Florida Rule of Appellate Procedure 9.310(b)(2) and City of Delray Beach v. White, 616 So. 2d 602 (Fla. 4th DCA 1993). To the extent that the Petitioners requested a discretionary stay pursuant to Rule 9.31 O(a), that motion is denied as Petitioners failed to establish a likelihood that they would prevail on the merits. 5'1 DONE and ORDERED on this .31 day of July, 202 Florida.
Circuit Judge
Copies provided to counsel of record via ePortal.
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