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Present:
ROLL CALL
MINUTES OF THE SPECIAL SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
SEPTEMBER 8, 2005
Dr. Edward M. Eissey, Mayor
David B. Norris, Vice Mayor
Robert F. Rennebaum, President Pro Tem
Charles R. O'Meilia, Councilman
Donald G. Noel, Councilman
Mark Bates, Village Manager
Melissa Teal, CMC, Village Clerk
Mayor Eissey called the meeting to order at 7:00 p.m. All members of Council were present.
All members of staff were present.
REOUEST FOR ATTORNEY -CLIENT SESSION
Village Attorney George Baldwin requested a private Attorney -Client session with the Village
Council regarding litigation styled Sean Jackson and Sherrel Meriweather vs. Village of North
Palm Beach, et al.
ANNOUNCEMENT OF CLOSED ATTORNEY -CLIENT SESSION
Mayor Eissey announced that the Village Council would recess at this time for the purpose of
convening a private Attorney -Client Session with an estimated length of 30 minutes to discuss
pending litigation styled Sean Jackson and Sherrel Meriweather vs. Village of North Palm
Beach, et al. Mayor Eissey announced all persons who would be in attendance at the Session.
RECESS
The Special Session recessed at 7:01 p.m.
RECONVENED SPECIAL SESSION
Mayor Eissey reconvened the Special Session at 7:40 p.m. and announced the termination of the
Attorney -Client Session.
ADJOURNMENT
With no further business to come before the Council, the Special Session adjourned at 7:40 p.m.
Melissa Teal, CMC r
Village Clerk
1
1
2 JACKSON
3 and
4 VILLAGE OF NORTH PALM BEACH
5
ORIGINAL
7 Village of North Palm Beach, Florida
8 September 9, 2005
9 7:00 o'clock p.m.
10
11 APPEARANCES:
12
13 KENNETH P. CARMAN, ESQ.
RON VINOGRAD
14 ED M. EISSEY, COUNCILMAN
DAVID NORRIS, ESQ, COUNCILMAN
15 CHARLIE R. O'MELIA, COUNCILMAN
DONALD G. NOEL, COUNCILMAN
16 GEORGE BALDWIN, ESQ, COUNCILMAN
MARK BATES, COUNCILMAN
17 ROBERT F. RENNEBAUM, COUNCILMAN
18
19
20
21
22
SPECIAL COUNCIL MEETING
23
FOR APPROVAL OF SETTLEMENT
24
25
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1 Thereupon:
2 The following proceedings were had:
3 MR. EISSEY: Mr. Baldwin, do we begin with
4 Mr. Carman or do --
5 MR. BALDWIN: That would be fine.
6 MR. EISSEY: Okay. Mr. Carman, you're on.
7 MR. CARMAN: Thank you. We're here at a
8 meeting to present to you the status of a
9 lawsuit which has tentatively been resolved
10 pending the approval of council and the
11 approval of the SIRMA board; SIRMA, being the
12 self -insured poll to which the city belongs.
13 SIRMA handles all insurance claims on behalf of
14 the city.
15 This case arrives out of an incident that
16 occurred back on October 20th of 2004.
17 To very briefly summarize the facts leading
18 up to this particular lawsuit, the Village
19 Police Department was notified by the Dade
20 County Public Safety Department that one of
21 their prisoners that was on work release had
22 fled.
23 He was believed to be back on his way up to
24 the Village to look for his wife, predicated
25 upon information they have received that they
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1 had obtained from his wife a, quote, Dear John
2 letter.
3 They notified us that he may be coming back
4 up to the Village because his last known
5 address was believed to be here in the Village.
6 Upon receiving that information we, in
7 fact, verified, based on information available
8 to us, that he was residing here or last had
9 resided herein an apartment complex located
10 here in the Village.
11 Predicated upon that information the
12 decision was made that because this gentleman
13 had a violent past, including utilization of
14 force against police officers, that it would be
15 best to utilize -- best to utilize the SWAT
16 team to apprehend this individual and bring him
17 back into custody and return him to Dade
18 County.
19 So, we found out where he last resided and
20 we set up surveillance using equipment
21 belonging to the SWAT team unit.
22 Unfortunately, there was inclement weather on
23 the day of this occurrence and we were never
24 able to identify who was coming in or out of
25 this particular apartment.
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1 We got information from one of our
2 detectives that a gentleman was seen entering
3 the apartment; however, due to weather
4 conditions and darkness we were not able to
5 identify the individual that went into the
6 apartment as that matching the description
7 given to us by Miami -Dade.
8 For whatever reason the captain in charge
9 of the SWAT team decided that he would
10 effectuate entry. So, we set up outside of
11 this individual's apartment and we attempted
12 entry using avon rounds, which are a type of
13 shotgun rounds, and flash grenades in an
14 attempt to exercise the element of surprise and
15 gain entry into the apartment.
16 The intent was to prevent the occupants. of
17 the apartment from being harmed and other
18 individuals in the surrounding apartments being
19 harmed.
20 When we entered the apartment, instead of
21 finding a white male, which is who we were
22 looking for, we found a black family hiding in
23 the bedroom.
24 Having realized that we had entered the
25 wrong apartment and that nobody fitting the
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r'
1 description of the gentleman who was missing
2 from Dade County was in fact residing in that
3 apartment, we still placed the male inhabitant,
4 that being the black male of the apartment, in
5 handcuffs and marched him out of the apartment
6 while in handcuffs in front of his neighbors.
7 We caused considerable damage to the
8 apartment. They had a young child residing
9 with them in the apartment. It was a husband,
10 a fiancee, and their child. Our own records
11 indicate that the child was somewhat shook up
12 as a result of this to the extent where
13 children and family services were called to the
14 scene to render care to the young child.
15 MR. EISSEY: How old was the child?
16 MR. CARMAN: Nine years old, I believe, at
17 the time the incident occurred.
18 The bottom line is that we made a mistake.
19 We went into the wrong apartment arguably with
20 inadequate information and also arguably by
21 using a SWAT team with the amount of force that
22 was not necessary for that type of unit to be
23 utilized.
24 The captain in charge felt like it was
25 necessary to use the SWAT team; however, it's
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1 important to note that our policy and
2 procedures did not contain any guidelines as to
3 when the SWAT team would or would not be
4 utilized. That's important because when
5 you're -- and I'll get into what the nature of
6 the claim that was filed against the Village -
7 MR. NOEL: May we ask questions while he
8 does this?
9 MR. EISSEY: What's your pleasure?
10 MR. CARMAN: Whatever suits him.
11 MR. EISSEY: Go ahead, Mr. Noel.
12 MR. NOEL: Well, you know, to start this
13 thing I'm kind of going through this. It say
14 it was a fugitive. What kind of fugitive was
15 he? You said we used the SWAT team.
16 MR. CARMAN: He was on work release. The
17 argument --
18 MR. NOEL: For what kind of crime?
19 MR. CARMAN: He did have a violent past,
20 but the argument being that they felt that he
21 was sufficiently rehabilitated to the extent
22 that he was able to be released on a work
23 release program, which requires minimal
24 supervision.
25 Now, the counter argument to that, to
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1 answer your question, is that he was at the end
2 of the sentence. So, somehow in this man's
3 mind he felt it so necessary to walk away from
4 the tail end of his sentence and risk
5 additional jail time. One would suspect that
6 he was capable of doing violence either to
7 himself or to his wife so as to incur
8 additional jail time by --
9 MR. NOEL: What time was this raid?
10 MR. CARMAN: The raid was conducted at
11 about 8:30 in the evening.
12 MR. NOEL: So, it was dark?
13 MR. CARMAN: Yes.
14 MR. RENNEBAUM: When did they start the
15 surveillance?
16 MR. CARMAN: We started at around noon and
17 there was a gap in the surveillance because we
18 thought we spotted somebody similar to the
19 description in a nearby park.
20 One of the problems that we had, however,
21 is that the Plaintiff's testified that they
22 came home from work at different times that
23 day; the husband, the wife, and the husband
24 bringing the child home at different times.
25 They entered -- The husband went out to get
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1 groceries and it wasn't until'he returned with
2 the groceries when we first noticed for the
3 first time someone entering the apartment.
4 So, our surveillance missed the fact that
5 the wife came home, that the husband came home,
6 and that the husband left to pick up groceries.
7 So, our surveillance was somewhat inefficient
8 in that we failed to pick up the individuals
9 that entered this apartment before an
10 unidentified male was identified as entering
11 the apartment, which is when the captain called
12 for the raid to begin.
13 MR. EISSEY: Anything else, Mr. Noel?
14 MR. NOEL: Not at the moment.
15 MR. EISSEY: Please proceed.
16 MR. CARMAN: Okay. We entered the
17 apartment again, brought this individual out in
18 handcuffs, and later released him from the
19 handcuffs. We had done considerable damage to
20 the apartment.
21 One of the difficulties that we had is that
22 this occurred shortly after the last hurricane
23 took place and we had an extremely difficult
24 time finding a place for these individuals to
25 stay since most of the hotel rooms were booked
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1 up. We did, after some period of time, replace
2 all of the contents of the apartment that had
3 been damaged.
4 MR. NOEL: What's that period of time?
5 MR. CARMAN: There was a dispute about
6 that. Our records reflect that they were
7 immediately replaced after a matter of days.
8 It was the Plaintiff's contention in mediation
9 and they produced records to show that it was
10 actually months before everything was replaced.
11 So, we did replace their damaged materials;
12 however, there were some difficulties that were
13 brought to our attention at the mediation.
14 The first difficulty is the fact that
15 neighbors of the Jacksons' were out there with
16 video cameras filming everything that was going
17 on. These videotapes were not made known to us
18 until the mediation that we attended shortly
19 after the lawsuit was filed. That became a
20 particular importance due to the case law in
21 the nature of the claim that were served
22 against us.
23 In the videotape that the neighbors took
24 our officers were verbally and visibly rude to
25 the neighbors that were videotaping. One of
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1 the things they made reference to when they
2 told these people to stop filming is that this
3 is a crime scene. You must leave.
4 Actually, these individuals, that being the
5 Jacksons, had committed no crime. One of the
6 things that caused us to have some concern is
7 the continued reference of referring to this
8 situation as a crime scene even after we knew
9 no criminal activity had been committed by the
10 Jacksons.
11 One of the claims that has been asserted
12 against us is a civil rights claim, a 1983
13 claim, arising out of the Forth Amendment
14 violation of illegal search and seizure.
15 The defense available to the individual
16 officers is qualifying immunity, which means
17 that the officers, in fact, in the importance
18 of their official duties will not be
19 responsible as a matter of law unless they're
20 blatantly ignoring the law and acted in an
21 incompetent matter or in a willful or wrongful
22 matter to cause damage to the individuals that
23 are involved.
24 One of the case law and sections of
25 qualified immunity that creates an issue of
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1 fact that prevents an entry of motion for
2 summary judgement in our favor is the
3 continuation to refer to a crime scene or to
4 criminal activity once it is known by us that
5 there is no crime that has been committed. In
6 mediation they continued to refer to this as a
7 crime scene even though we knew that the
8 Jacksons were innocent of any crime.
9 One of the concerns we had to address was
10 whether or not that would impact on our ability
11 to get our officers out via filing the motion
12 for summary judgment.
13 The other concern was the utilization of
14 the explosive devices forcing entry --
15 MR. NOEL: Hang on a second. Before you
16 get off of the 1983 claim, you mentioned in
17 here something about -- Mayor, I'm sorry for
18 interrupting.
19 You have a problem with officers not
20 being -- not having the immunity that they
21 would normally have because they were referring
22 to this as a crime scene. That's the
23 incompetence you're referring to?
24 MR. CARMAN: No. We're getting a little
25 bit ahead of the presentation, but generally
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1 there were two causes of action that were
2 stated against the Village and against the
3 officers.
4 Against the Village it was a 1983 claim.
5 That is a claim against the government entity,
6 which means that they have to establish and
7 plead that the Village had a custom of policy,
8 whether it be in fact by the city's policies
9 and procedures or that the city had established
10 through its customs and policy a policy and
11 procedure to violate individuals' civil rights
12 by violating the Forth Amendment right by
13 committing an illegal search and seizure. We
14 know that did not exist.
15 The second way to establish such a cause of
16 action is to establish that the actions of our
17 administration by way of supervision and
18 training were deliberately indifferent to the
19 rights of our citizens. That would have been
20 the claim that they would have been traveling
21 on to establish a 1983 claim against the city.
22 I don't believe that the Plaintiff would
23 have been able to have met that burden against
24 the city. We felt very strongly that a 1983
25 claim against the city had not been sustained.
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1 MR. NOEL: Okay.
2 MR. CARMAN: Where we felt we had a problem
3 with the 1983 claim is with the individual
4
5
6
7
8
9
10
11
officers, more particularly the captain, in his
decision to use the SWAT team based upon the
lack of sufficient information that would
justify his calling of the SWAT team to
effectuate the raid.
Now, when a claim is filed against a
governmental employee where a governmental
employee is acting under the color of law and
12 violating an unconstitutional right under color
13 of law, one of the defenses that we assert is
14 the defense of qualifying immunity. That means
15 that the officer was just doing his or her
16 official job in an official manner following
17 the known law.
18 We immediately filed for a summary judgment
19 asserting a defense for qualified immunity.
20 The theory behind that defense is that the
21 federal courts did not want governments to come
22 to a standstill while its officers spent all
23 their time in depositions and in courts of law
24 defending themselves, because then local
25 governments would not be able to function
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1 because they would be spending all of their
2 time at a court of law.
3 The problem that we had is that there are
4 several cases out there that stand for the
5 proposition that if you continue to call
6 somebody a criminal after knowing they
7 committed no crime, that kind of takes you out
8 of that immunity because you are therefore
9 violating a constitutional right in and of
10 itself.
11 Those cases say that then becomes a
12 question of fact for the jury to decide. It's
13 no longer the judge, but the jury must decide
14 whether or not qualified immunity will apply.
15 So, we were concerned about those cases.
16 The reference to the continuation of referring
17 to this as a crime scene might cause the judge
18 to deny our motion for summary judgment thereby
19 causing our officers to remain in the law as a
20 party defendant.
• 21 MR. NOEL: So, when they say "crime scene",
22 that implies that the person inside the scene
23 is a criminal?
24 MR. CARMAN: Correct. The second prong of
25 that had to do with the fact that there are
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1 cases that deal with areas of this nature that
2 find that the utilization of explosive devices
3 to gain entry in and of itself is a
4 constitutional violation. It creates
5 sufficient questions of fact under the
6 circumstances so as to avoid the judge, as a
7 matter of law granting qualified immunity,
8 leaving it up to the jury to decide.
9 So, again instead of being able to win over
10 the judge saying, Judge, it's a matter of law,
11 you must grant summary judgment in favor of our
12 officers, we may have been faced with the
13 proposition of having to go to the jury and
14 letting the jury decide.
15 MR. NOEL: Thank you.
16 MR. EISSEY: Please continue.
17 MR. CARMAN: So, as it turns out we clearly
18 made a mistake. Now, there are two causes of
19 action that were pled, state court claims for
20 negligence and false arrest, false
21 imprisonment, and then we had the federal civil
22 rights claims.
23 Again, I did not believe that the plaintiff
24 would be able to sustain his burden of
25 establishing a federal claim against the
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1 Village for the officers, but when the lawsuit
2 was filed, we prepared and filed a motion for
3 summary judgment -- excuse me a motion to
4 dismiss the 1983 claim.
5 The case in federal court fell if front of
6 Judge Middlebrooks. Judge Middlebrooks was
7 very well-known to us. He never grants motions
8 to dismiss. I've had probably 50 or 60 cases
9 in front of him and I never had him grant a
10 motion to dismiss. He denied our motion to
11 dismiss.
12 The next step for us would have been to
13 have a -- to proceed with discovery and then
14 file a motion for summary judgment on the basis
15 of qualified immunity. Once that motion was
16 heard, we would then file the second motion to
17 get the Village out on the basis that the
18 Plaintiff did not establish necessary evidence
19 to have sustained the 1983 claim against the
20 Village.
21 The problem we had with the 1983 claim is
22 that there's no statutory cap on damages on a
23 1983 claim as there are on the State Tort
24 Claims. As you are aware there was a $200,000
25 statutory cap on the State Tort Claims. In
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1 this instance they were claiming that $200,000
2 was available on damage. On the 1938 claim no
3 such statutory cap exists.
4 If the Plaintiff substantially recovered on
5 any of their civil rights claims, not only do
6 we owe monetary damages, but we owe their
7 attorney's fees as well.
8 So, we had a mediation with the officers on
9 two occasions. What we learned from our
10 meeting with the officers is that there were
11 three positions that were being taken by the
12 various officers involved in the circumstance.
13 There was then an entirely different
14 position taken by the administration that was
15 not involved in this situation because a change
16 in administration didn't take place.
17 One group of officers felt that the
18 utilization of the SWAT team and the
19 information that what relied upon was totally
20 inappropriate and the information that was
21 relied upon was totally inadequate.
22 MR. RENNEBAUM: Are these members of the
23 SWAT team that were saying this?
24 MR. CARMAN: Yes. Another group supported
25 everything that was done and a third group sat
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1 mute.
2 What that caused was a problem in our being
3 able to represent all of the officers that were
4 involved because obviously there was a conflict
5 of interest because one group of officers was
6 in essence going to be pointing fingers at a
7 second group of officers that was involved in
8 this particular event. Just as a side, some of
9 that is continuing on today in other cases that
10 we have pending.
11 MR. NOEL: With us?
12 MR. CARMAN: Yes. So, we had a problem
13 there and that caused me to have to go to the
14 claims representative who was handling this
15 file and say, if this continues, I have a
16 conflict of interest and you're going to have
17 to bring in another law firm to represent these
18 officers because there's a conflict of
19 interest. They'll be pointing the finger at
20 other officers and I can't represent them.
21 Based upon those discussions, based upon an
22 analysis of the cost involved to defend the
23 lawsuit, based upon the possibility that a 1983
24 claim could go to a jury, based upon the fact
25 that claims of this nature could have some
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1 jury's sympathy because nobody likes to have
2 their house innocently broken into whether it's
3 intentionally or whether it's by mistake, and
4 based upon the position taken by our current
5 chief we were instructed to undertake a
6 settlement negotiations.
7 One of the things of concern is what it
8 would cost to defend this case if we were to
9 continue to the point where we could file a
10 necessary summary judgment. That would entail
11 hiring several expert witnesses. It would
12 entail having two law firms defend the city.
13 My projection as to what it would cost to
14 continue on with this defense at least to the
15 point where we're ready to go to trial would
16 probably be $100,00 because we're going to have
17 two law firms at all of these depositions and
18 we anticipated 30 or 40 depositions.
19 We foresaw the need for two liability
20 experts and the need for at least one if not
21 two medical experts.
22 So, we were given instructions to attempt
23 to resolve these issues before incurring
24 defense cost and more importantly for giving
25 the Plaintiff the opportunity to take discovery
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1 from our officers which would be detrimental to
2 our case.
3 So, we set this case for mediation. We
4 mediated the case and the Plaintiff demanded
5 $750,000 and insisted that that was his bottom
6 line. We got into a very strong argument as to
7 whether or not he would be able to sustain his
8 1983 claim against the city. I was addiment
9 that he would not. That caused him to walk out
10 of the mediation.
11 We were instructed to formally continue the
12 mediation process through the mediator and we
13 were finally successful in doing that and we
14 arrived at a tentative settlement of this case
15 at the $200,000 statutory cap. That settlement
16 would include all claims, all resolution, all
17 attorney's fees, all costs.
18 It's a little bit more than what we felt
19 the value of the case was, but due to the
20 publicity --
21 MR. EISSEY: Considering all of the other
22 things you mentioned earlier.
23 MR. CARMAN: And considering the fact that
24 I earned very little in defending this case.
25 We have put defense costs towards the
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1 settlement, that we're not going to incur
2 future defense costs and expert witness fees,
3 that this case did have value to it that would
4 no longer expose the city to attorney's fees
5 and to potential damages that could include the
6 statutory cap.
7 It was a •recommendation from all parties
8 involved that we attempt to resolve this case.
9 MR. EISSEY: At $200,000?
10 MR. CARMAN: Yes, sir.
11 MR. EISSEY: And that's what you'll
12 recommend to the council to consider?
13 MR. CARMAN: Yes.
14 MR. EISSEY: Mr. Rennebaum.
15 MR. RENNEBAUM: When you said Mr. Jackson
16 walked out, is he now agreed to this $200,000
17 offer?
18 MR. CARMAN: Yes, sir.
19 MR. RENNEBAUM: So, we say $200,00 and it's
20 all done and everybody agrees?
21 MR. CARMAN: .Everybody agrees. It's
22 confirmed at the SIR meeting set for September
23 16th, but with your approval I'm sure that --
24 MR. NOEL: What's SIR?
25 MR. CARMAN: Self Insurance Retention.
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1 MR. NORRIS: The money all comes from
2 SIRMA?
3 MR. CARMAN: Correct.
4 MR. BALDWIN: And anything over $25,000
5 they have to approve?
6 MR. CARMAN: Yes, that's correct.
7 MR. NORRIS: Can I ask one question?
8 MR. EISSEY: Mr. Norris.
9 MR. NORRIS: You mentioned position by a
10 current chief. What was that? You said one of
11 the reasons or --
12 MR. CARMAN: The chief reviewed all
13 potential circumstances surrounding this
14 particular situation and felt that it was
15 improperly handled. He felt it did not support
16 the utilization of a special response team and
17 felt that it was in the Villages best interest
18 to resolve the case.
19 There were also some issues that may have
20 come up in discovery. There were some other
21 cities that our SWAT team participated in
22 training activities with. They refused to
23 allow our participationwith concerns --
24 MR. RENNEBAUM: Say that again.
25 MR. CARMAN: They refused 'to allow us to
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1 participate in their activities.
2 MR. RENNEBAUM: For what reasons?
3 MR. CARMAN: Once we established the team
4 they didn't think -- From what I've been told
5 by the chief they didn't think that we were at
6 a sufficient level to be on -- be put with
7 their units and would not allow us to
8 participate in the.
9 MR. RENNEBAUM: Prior to this incident?
10 MR. CARMAN: Yes.
11 MR. RENNEBAUM: Not based on this incident?
12 MR. CARMAN: Prior to the incident.
13 MR. RENNEBAUM: Strictly independent based
14 on their perception of our qualifications?
15 MR. CARMAN: Correct
16 MR. BALDWIN: How many Plaintiffs are
17 involved and are they all represented by one
18 attorney?
19 MR. CARMAN: Yes, every Plaintiff is
20 represented. It was a father, a mother, and a
21 child.
22 MR. NOEL: I heard neighbors are jumping in
23 on this.
24 MR. CARMAN: No.
25 MR. NOEL: No neighbors?
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1 MR. CARMAN: No neighbors.
2 MR. O'MELIA: Is the lawsuit just against
3 the Village or against the Village and the
4 employees?
5 MR. CARMAN: It was the Village and I think
6 there were six officers named.
7 MR. O'MELIA: So, this would release all of
8 the officers?
9 MR. CARMAN: This would be an entire
10 release of the Village and all of its
11 employees.
12 MR. NORRIS: Will you be directed to defend
13 all of the officers and the Village?
14 MR. CARMAN: Yes, but after meeting with
15 the officers, due to the inconsistencies as to
16 how they saw the events surrounding the
17 circumstances, it's apparent that I could not
18 continue with that representation any further
19 because they were taking positions adverse to
20 one another.
21 MR. EISSEY: Well, allow me to stipulate
22 and I believe I can, in this case, speak for
23 the council to thank you for the thorough
24 information that you have provided us and it's
25 very, very helpful. With that, unless there -
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1 Do you have any questions?
2 MR. NOEL: Do you want to talk about it in
3 here?
4 MR. EISSEY: Shall we --
5 MR. BALDWIN: I think I would talk and
6 converse about it in here, but the actual
7 decision I think would be made at the regular
8 meeting.
9 MR. EISSEY: With the amount?
10 •MR. BALDWIN: Correct. There is a
11 resolution prepared for the council with the
12 amount to be inserted and to take --
13 MR. NOEL: So, we shouldn't be having a big
14 discussion about this out there?
15 MR. BALDWIN: Is that appropriate with
16 you?
17 MR. CARMAN: Yes. That's correct. I know
18 there is probably going to be a lot of media
19 attention surrounding this and I think we have
20 to stick firm that this was a simple mistake.
21 Nobody's constitutional rights were in any way,
22 shape, or form violated.
23 This was never looked upon by the Village
24 as being a civil rights 1983 claim and that in
25 large part what went into our settlement,
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
26
1 Number 1; we wanted to do right by our citizens
2 who did sustain some damages as a result of a
3 mistake on our part and, Number 2, that
4 economics and cost of events played a large
5 factor.
6 The attorney who was representing the
7 Plaintiffs is very publicity happy and will try
8 to put a negative spin against the Village -
9 MR. NOEL: Who is it?
10 MR. CARMAN: Brian Porsaw (phonetic). I've
11 never dealt with him before.
12 MR. EISSEY: Will he be here tonight?
13 MR. CARMAN: I don't think so. He knows
14 about the meeting tonight.
15 I know there will be another article in the
.16 paper, so if anybody if intending to speak to
17 the press, we want to say --
18 MR. EISSEY: It will be my recommendation
19 to all of the council that we stipulate that
20 they must contact our attorney then our
21 attorney can respond based upon --
22 MR. CARMAN: Well, I don't respond. My
23 standing instructions -Fs not to speak with the
24 press.
25 I just want to make clear that my position
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
27
1 is that there was no and never has been any
2 constitutional violation, no 1983 violation.
3 If fact, it was a simple mistake that has been
4 made. They havea remedy for the mistake
5 that's under Florida Tort Law, not under the
6 civil rights claim.
7 MR. EISSEY: And your recommendation is
8 that we just not have any comment and not refer
9 this to anyone else?
10 MR. BALDWIN: That's my bet. It's that you
11 will refer to Mr. Carman, who won't comment.
12 MR. EISSEY: Any problem with that,
13 counsel?
14 MR. CARMAN: I have no problem with that.
15 MR. BALDWIN: Is that all right with you?
16 MR. CARMAN: Well, that's strictly your
17 decision as to whether or not you want to
18 somehow, you know, present the city's version
19 of this in the press so that the Village -- so
20 that we don't -- They're going to make this
21 look as bad as they possibly can.
22 MR. BATES: At some point I think it will
23 be incumbent upon the city to make a comment.
24 It should be very concise, very brief, and
25 entirely consistent. It should be one time
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
28
1 only.
2 MR. NORRIS: We need to have a prepared
3 statement.
4 MR. EISSEY: All right. Will the council
5 agree that Mr. Carman should do that.
6 MR. BALDWIN: Well, Mr. Carman said he
7 doesn't comment.
8 MR. NOEL: Let's have Mr. Carman approve
9 the comment.
10 MR. EISSEY: Mr. Bates can comment and
11 Mr. Carman will approve the comment.
12 MR. BATES: Tonight or tomorrow morning
13 I'll draft up probably a two to three sentence
14 comment. I can run it by Mr. Carman and
15 Mr. Baldwin's office. When the question comes,
16 if it comes, here it is. You'll know about it
17 ahead of time and that's it.
18 MR. EISSEY: Do you have any problems
19 drafting a sentence or two for our village
20 manager?
21 MR. CARMAN: I think Mr. Bates is quite
22 capable of doing that.
23 MR. BATES: It will take me 5 minutes and
24 it will take them 30 seconds to comment on
25 that. It's not terribly complicated.
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
29
1 MR. CARMAN: I want to make sure that
2 nobody leaves the room feeling that it wasn't
3 anything but an honest mistake made here. We
4 have economic considerations that we have to
5 consider and that was --
6 MR. EISSEY: We announced a certain time to
7 get back, so may I thank you on behalf of the
8 council for your representation here this
9 evening and for your representation in the past
10 with us.
11 MR. RENNEBAUM: Mayor, I have one last
12 question. Mr. Bates, what's the form of the
13 motion for tonight?
14 MR. EISSEY They have a resolution.
15 MR. BALDWIN: Let's give all the letters
16 back to Mr. Carman.
17 (Thereupon, the meeting was concluded at
18 7:35 o'clock p.m.)
19
20
21
22
23
24
25
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
30
CERTIFICATE WITH ACKNOWLEDGMENT
2
3
4
5 I, Nancy Berrios, certify that I was authorized
6 to and did stenographically report the foregoing
7 proceedings and that the transcript is a true record.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Dated this 14th day of September, 2005
A BERRIS
Notary Publ•, State of Florida
Nancy Berrios
.r7t. YPUe4° Commission #DD319521
Expires: May 16, 2008
Bonded Thru
Atlantic Bonding Co., Inc.
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
$100,00 - 19:16
$200,00 - 21:19
$200,000 - 16:24,
17:1, 20:15, 21:9,
21:16
$25,000 - 22:4
$750,000 - 20:5
1
1 -26:1
14th - 30:9
16th - 21:23
1938 - 17:2
1983 - 10:12, 11:16,
12:4, 12:21, 12:24,
13:3, 16:4, 16:19,
16:21, 16:23, 18:23,
20:8, 25:24, 27:2
2
2 - 26:3
2004 - 2:16
2005 - 1:8, 30:9
20th - 2:16
3
30 - 19:18, 28:24
4
40 - 19:18
5
5 - 28:23
50 - 16:8
6
60 - 16:8
7
7:00 - 1:9
7:35 - 29:18
8
8:30-7:11
9
9 - 1:8
A
ability - 11:10
able - 3:24, 4:4,
6:22, 12:23, 13:25,
15:9, 15:24, 18:3,
20:7
Acknowledgment-
30:1
acted - 10:20
acting - 13:11
action - 12:1, 12:16,
15:19
actions - 12:16
activities - 22:22,
23:1
activity - 10:9, 11:4
actual - 25:6
addiment - 20:8
additional - 7:5, 7:8
address - 3:5, 11:9
administration -
12:17, 17:14, 17:16
adverse - 24:19
agree - 28:5
agreed - 21:16
agrees - 21:20,
21:21
ahead - 6:11, 11:25,
28:17
allow - 22:23,
22:25, 23:7, 24:21
Amendment-
10:13, 12:12
amount - 5:21,
25:9, 25:12
analysis - 18:22
announced - 29:6
answer - 7:1
anticipated - 19:18
apartment - 3:9,
3:25, 4:3, 4:6, 4:11,
4:15, 4:17, 4:20, 4:25,
5:3, 5:4, 5:5, 5:8, 5:9,
5:19, 8:3, 8:9, 8:11,
8:17, 8:20, 9:2
apartments - 4:18
apparent - 24:17
Appearances- 1:11
apply - 14:14
apprehend - 3:16
appropriate - 25:15
Approval - 1:23
approval - 2:10,
2:11, 21:23
approve - 22:5,
28:8, 28:11
areas - 15:1
arguably - 5:19,
5:20
argument - 6:17,
6:20, 6:25, 20:6
arising - 10:13
arrest - 15:20
arrived - 20:14
arrives - 2:15
article - 26:15
assert - 13:13
asserted - 10:11
asserting - 13:19
attempt - 4:14,
19:22, 21:8
attempted - 4:11
attended - 9:18
attention - 9:13,
25:19
attorney - 23:18,
26:6, 26:20, 26:21
attorney's - 17:7,
20:17, 21:4
authorized - 30:5
available - 3:7,
10:15, 17:2
avoid - 15:6
avon - 4:12
aware - 16:24
B
bad - 27:21
Baldwin - 1:16, 2:3,
2:5, 22:4, 23:16, 25:5,
25:10, 25:15, 27:10,
27:15, 28:6, 29:15
Baldwin's - 28:15
Based - 18:21
based - 3:7, 13:5,
18:21, 18:23, 18:24,
19:4, 23:11, 23:13,
26:21
basis - 16:14, 16:17
Bates - 1:16, 27:22,
28:10, 28:12, 28:21,
28:23, 29:12
Beach - 1:4, 1:7
became - 9:19
becomes - 14:11
bedroom - 4:23
begin - 2:3, 8:12
behalf - 2:13, 29:7
behind - 13:20
belonging - 3:21
belongs - 2:12
Berrios - 30:5,
30:12
best - 3:15, 22:17
bet - 27:10
big - 25:13
bit - 11:25, 20:18
black - 4:22, 5:4
blatantly - 10:20
board-2:11
booked - 8:25
bottom - 5:18, 20:5
Brian - 26:10
brief - 27:24
briefly - 2:17
bring - 3:16, 18:17
bringing - 7:24
broken - 19:2
brought - 8:17, 9:13
burden - 12:23,
15:24
C
cameras - 9:16
cap - 16:22, 16:25,
17:3, 20:15, 21:6
capable - 7:6, 28:22
captain - 4:8, 5:24,
8:11, 13:4
care - 5:14
Carman- 1:13, 2:4,
2:6, 2:7, 5:16, 6:10,
6:16, 6:19, 7:10, 7:13,
7:16, 8:16, 9:5, 11:24,
13:2, 14:24, 15:17,
17:24, 18:12, 20:23,
21:10, 21:13, 21:18,
21:21, 21:25, 22:3,
22:6, 22:12, 22:25,
23:3, 23:10, 23:12,
23:15, 23:19, 23:24,
24:1, 24:5, 24:9;
24:14, 25:17, 26:10,
26:13, 26:22, 27:11,
27:14, 27:16, 28:5,
28:6, 28:8, 28:11,
28:14, 28:21, 29:1,
29:16
case - 2:15, 9:20,
10:24, 16:5, 19:8,
20:2, 20:3, 20:4,
20:14, 20:19, 20:24,
21:3, 21:8, 22:18,
24:22
cases - 14:4, 14:11,
14:15, 15:1, 16:8,
18:9
caused - 5:7, 10:6,
18:2, 18:13, 20:9
causes - 12:1,
15:18
causing - 14:19
certain - 29:6
Certificate- 30:1
certify - 30:5
change - 17:15
charae - 4:8, 5:24
Charlie- 1:15
chief - 19:5, 22:10,
22:12, 23:5
child - 5:8, 5:10,
5:11, 5:14, 5:15, 7:24,
23:21
children - 5:13
circumstance -
17:12
circumstances -
15:6, 22:13, 24:17
cities - 22:21
citizens - 12:19,
26:1
city - 2:12, 2:14,
12:9, 12:21, 12:24,
12:25, 19:12, 20:8,
21:4, 27:23
city's - 12:8, 27:18
civil - 10:12, 12:11,
15:21, 17:5, 25:24,
27:6
claim - 6:6, 9:21,
10:12, 10:13, 11:16,
12:4, 12:5, 12:20,
12:21, 12:25, 13:3,
13:9, 15:25, 16:4,
16:19, 16:21, 16:23,
17:2, 18:24, 20:8,
25:24, 27:6
claiming - 17:1
claims - 2:13,
10:11, 15:19, 15:22,
17:5, 18:14, 18:25,
20:16
Claims- 16:24,
16:25
clear - 26:25
clearly - 15:17
color- 13:11, 13:12
coming - 3:3, 3:24
comment - 27:8,
27:11, 27:23, 28:7,
28:9, 28:10, 28:11,
28:14, 28:24
committed - 10:5,
10:9, 11:5, 14:7
committing - 12:13
complex - 3:9
complicated - 28:25
concern - 10:6,
11:13, 19:7
concerned - 14:15
concerns - 11:9,
22:23
concise - 27:24
concluded - 29:17
conditions - 4:4
conducted - 7:10
confirmed - 21:22
conflict - 18:4,
18:16, 18:18
consider - 21:12,
29:5
considerable - 5:7,
8:19
considerations -
29:4
Considering- 20:21
considering - 20:23
consistent - 27:25
constitutional -
14:9, 15:4, 25:21,
27:2
contact - 26:20
contain - 6:2
contention - 9:8
contents - 9:2
continuation - 11:3,
14:16
continue - 14:5,
15:16, 19:9, 19:14,
20:11, 24:18
continued - 10:7,
11:6
continues - 18:15
continuing - 18:9
converse - 25:6
correct - 22:6,
25:17
Correct- 14:24,
22:3, 23:15, 25:10
cost - 18:22, 19:8,
19:13, 19:24, 26:4
costs - 20:17,
20:25, 21:2
Council- 1:22
council - 2:10,
21:12, 24:23, 25:11,
26:19, 28:4, 29:8
Councilman- 1:14,
1:15, 1:16, 1:17
counsel - 27:13
counter - 6:25
County- 2:20, 3:18,
5:2
court - 14:2, 15:19,
16:5
courts - 13:21,
13:23
creates - 10:25,
15:4
crime - 6:18, 10:3,
10:5, 10:8, 11:3, 11:5,
11:7, 11:8, 11:22,
14:7, 14:17, 14:21
criminal - 10:9,
11:4, 14:6, 14:23
current - 19:4,
22:10
custody - 3:17
custom - 12:7
customs - 12:10
D
Dade - 2:19, 3:17,
5:2
dade - 4:7
damage - 5:7, 8:19,
10:22, 17:2
damaged - 9:3, 9:11
damages - 16:22,
17:6, 21:5, 26:2
dark - 7:12
darkness - 4:4
Dated - 30:9
David - 1:14
days - 9:7
deal - 15:1
dealt - 26:11
Dear- 3:1
decide - 14:12,
14:13, 15:8, 15:14
decided - 4:9
decision - 3:12,
13:5, 25:7, 27:17
defend - 18:22,
19:8, 19:12, 24:12
defendant - 14:20
defending - 13:24,
20:24
defense - 10:15,
13:14, 13:19, 13:20,
19:14, 19:24, 20:25,
21:2
defenses - 13:13
deliberately - 12:18
demanded - 20:4
denied - 16:10
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
deny - 14:18
Department- 2:19,
2:20
depositions -
13:23, 19:17, 19:18
description - 4:6,
5:1, 7:19
detectives - 4:2
detrimental - 20:1
devices - 11:14,
15:2
different - 7:22,
7:24, 17:13
difficult - 8:23
difficulties - 8:21,
9:12
difficulty - 9:14
directed - 24:12
discovery - 16:13,
19:25, 22:20
discussion - 25:14
discussions - 18:21
dismiss - 16:4,
16:8, 16:10, 16:11
dispute - 9:5
Donald - 1:15
done - 8:19, 17:25,
21:20
draft - 28:13
drafting - 28:19
due - 4:3, 9:20,
20:19, 24:15
duties - 10:18
E
earned - 20:24
economic - 29:4
economics - 26:4
Ed- 1:14
effectuate - 4:10,
13:8
Eissey- 1:14, 2:3,
2:6, 5:15, 6:9, 6:11,
8:13, 8:15, 15:16,
20:21, 21:9, 21:11,
21:14, 22:8, 24:21,
25:4, 25:9, 26:12,
26:18, 27:7, 27:12,
28:4, 28:10, 28:18,
29:6, 29:14
either - 7:6
element - 4:14
employee - 13:10,
13:11
employees - 24:4,
24:11
end - 7:1, 7:4
entail - 19:10, 19:12
entered - 4:20, 4:24,
7:25, 8:9, 8:16
entering - 4:2, 8:3,
8:10
entire - 24:9
entirely - 17:13,
27:25
entity - 12:5
entry - 4:10, 4:12,
4:15, 11:1, 11:14,
15:3
equipment - 3:20
Esq- 1:13, 1:14,
1:16
essence - 18:6
establish - 12:6,
12:15, 12:16, 12:21,
16:18
established - 12:9,
23:3
establishina -
15:25
evening - 7:11, 29:9
event - 18:8
events - 24:16, 26:4
evidence - 16:18
excuse - 16:3
exercise - 4:14
exist - 12:14
exists - 17:3
expert - 19:11, 21:2
experts - 19:20,
19:21
explosive - 11:14,
15:2
expose - 21:4
extent - 5:12, 6:21
extremely - 8:23
F
faced - 15:12
fact - 3:7, 5:2, 8:4,
9:14, 10:17, 11:1,
12:8, 14:12, 14:25,
15:5, 18:24, 20:23,
27:3
factor - 26:5
facts - 2:17
failed - 8:8
false - 15:20
family - 4:22, 5:13
father - 23:20
favor - 11:2, 15:11
federal - 13:21,
15:21, 15:25, 16:5
fees - 17:7, 20:17,
21:2, 21:4
fell - 16:5
felt - 5:24, 6:20, 7:3,
12:24, 13:2, 17:17,
20:18, 22:14, 22:15,
22:17
fianc - 5:10
file - 16:14, 16:16,
18:15, 19:9
filed - 6:6, 9:19,
13:9, 13:18, 16:2
filing - 11:11
filming - 9:16, 10:2
finally - 20:13
fine - 2:5
finger - 18:19
fingers - 18:6
firm - 18:17, 25:20
firms - 19:12, 19:17
first - 8:2, 8:3, 9:14
fitting - 4:25
flash - 4:13
fled - 2:22
Florida- 1:7, 27:5,
30:13
following - 2:2,
13:16
force - 3:14, 5:21
forcing - 11:14
foregoing - 30:6
foresaw - 19:19
form - 25:22, 29:12
formally - 20:11
Forth- 10:13, 12:12
front - 5:6, 16:5,
16:9
fugitive - 6:14
function - 13:25
future - 21:2
G
gain - 4:15, 15:3
aao - 7:17
generally - 11:25
gentleman - 3:12,
4:2, 5:1
George- 1:16
given - 4:7, 19:22
government - 12:5
governmental -
13:10
governments -
13:21, 13:25
grant - 15:11, 16:9
granting - 15:7
grants - 16:7
grenades - 4:13
groceries - 8:1, 8:2,
8:6
group - 17:17,
17:24, 17:25, 18:5,
18:7
guidelines - 6:2
H
handcuffs - 5:5,
5:6, 8:18, 8:19
handled - 22:15
handles - 2:13
handling - 18:14
Hang- 11:15
happy - 26:7
harmed - 4:17, 4:19
heard - 16:16, 23:22
helpful - 24:25
hiding - 4:22
himself - 7:7
hiring - 19:11
home - 7:22, 7:24,
8:5
honest - 29:3
hotel - 8:25
house - 19:2
hurricane - 8:22
husband - 5:9,
7:23, 7:25, 8:5, 8:6
identified - 8:10
identify - 3:24, 4:5
ignoring - 10:20
illegal - 10:14,
12:13
immediately - 9:7,
13:18
immunity - 10:16,
10:25, 11:20, 13:14,
13:19, 14:8, 14:14,
15:7, 16:15
impact - 11:10
implies - 14:22
importance - 9:20,
10:17
important - 6:1, 6:4
importantly - 19:24
imprisonment -
15:21
improperly - 22:15
inadequate - 5:20,
17:21
inappropriate -
17:20
incident - 2:15,
5:17, 23:9, 23:11,
23:12
inclement - 3:22
include - 20:16,
21:5
including - 3:13
incompetence -
11:23
incompetent -
10:21
inconsistencies -
24:15
incumbent - 27:23
incur - 7:7, 21:1
incurring - 19:23
independent -
23:13
indicate - 5:11
indifferent - 12:18
individual - 3:16,
4:5, 8:17, 10:15, 13:3
individual's - 4:11
individuals - 4:18,
8:8, 8:24, 10:4, 10:22
individuals' - 12:11
inefficient - 8:7
information - 2:25,
3:6, 3:7, 3:11, 4:1,
5:20, 13:6, 17:19,
17:20, 24:24
inhabitant - 5:3
innocent - 11:8
innocently - 19:2
inserted - 25:12
inside - 14:22
insisted - 20:5
instance - 17:1
instead - 4:20, 15:9
instructed - 19:5,
20:11
instructions -
19:22, 26:23
insurance - 2:13
Insurance - 21:25
insured - 2:12
intending - 26:16
intent - 4:16
intentionally - 19:3
interest - 18:5,
18:16, 18:19, 22:17
interrupting - 11:18
involved - 10:23,
17:12, 17:15, 18:4,
I 18:7, 18:22, 21:8,
I 23:17
issue - 10:25
issues - 19:23,
22:19
itself - 14:10, 15:3
J
Jackson- 1:2, 21:15
Jacksons- 10:5,
10:10, 11:8
Jacksons'- 9:15
jail - 7:5, 7:8
job- 13:16
John- 3:1
Judge- 15:10, 16:6
judge - 14:13,
14:17, 15:6, 15:10
judgement - 11:2
judgment - 11:12,
13:18, 14:18, 15:11,
16:3, 16:14, 19:10
jumping - 23:22
jury - 14:12, 14:13,
15:8, 15:13, 15:14,
18:24
jury's - 19:1
justify - 13:7
K
Kenneth- 1:13
kind - 6:13, 6:14,
6:18, 14:7
knowing - 14:6
known - 3:4, 9:17,
11:4, 13:17, 16:7
knows - 26:13
L
lack - 13:6
large - 25:25, 26:4
last - 3:4, 3:8, 3:19,
8:22, 29:11
law - 9:20, 10:19,
10:20, 10:24, 13:11,
13:13, 13:17, 13:23,
14:2, 14:19, 15:7,
15:10, 18:17, 19:12,
19:17
Law- 27:5
lawsuit - 2:9, 2:18,
9:19, 16:1, 18:23,
24:2
eading - 2:17
earned - 17:9
east - 19:14, 19:20
eave - 10:3
eaves - 29:2
eaving - 15:8
eft - 8:6
etter - 3:2
etters - 29:15
etting - 15:14
evel - 23:6
iability - 19:19
ine - 5:18, 20:6
ocal - 13:24
ocated - 3:9
ook - 2:24, 27:21
ooked - 25:23
ooking - 4:22
M
male - 4:21, 5:3,
5:4, 8:10
man's - 7:2
manager - 28:20
manner - 13:16
marched - 5:5
Mark - 1:16
matching - 4:6
materials - 9:11
matter - 9:7, 10:19,
10:21, 10:22, 15:7,
15:10
Mayor - 11:17,
29:11
means - 10:16,
12:6, 13:14
media - 25:18
mediated - 20:4
mediation - 9:8,
9:13, 9:18, 11:6, 17:8,
20:3, 20:10, 20:12
mediator - 20:12
medical - 19:21
Meeting - 1:22
meeting - 2:8,
17:10, 21:22, 24:14,
25:8, 26:14, 29:17
members - 17:22
mentioned - 11:16,
20:22, 22:9
met - 12:23
Miami - 4:7
Miami-dade - 4:7
Middlebrooks -
16:6
might - 14:17
mind - 7:3
minimal - 6:23
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
minutes - 28:23
missed - 8:4
missing - 5:1
mistake - 5:18,
15:18, 19:3, 25:20,
26:3, 27:3, 27:4, 29:3
moment - 8:14
monetary - 17:6
money - 22:1
months - 9:10
morning - 28:12
most - 8:25
mother - 23:20
motion - 11:1,
11:11, 14:18, 16:2,
16:3, 16:10, 16:14,
16:15, 16:16, 29:13
motions - 16:7
must - 10:3, 14:13,
15:11, 26:20
mute - 18:1
N
named - 24:6
Nancy- 30:5, 30:12
nature - 6:5, 9:21,
15:1, 18:25
nearby - 7:19
necessary - 5:22,
5:25, 7:3, 16:18,
19:10
need - 19:19, 19:20,
28:2
negative - 26:8
negligence - 15:20
negotiations - 19:6
neighbors - 5:6,
9:15, 9:23, 9:25,
23:22, 23:25, 24:1
never - 3:23, 16:7,
16:9, 25:23, 26:11,
27:1
next - 16:12
Nine- 5:16
nobody - 4:25, 19:1,
29:2
Nobody's- 25:21
Noel- 1:15, 6:7,
6:11, 6:12, 6:18, 7:9,
7:12, 8:13, 8:14, 9:4,
11:15, 13:1, 14:21,
15:15, 18:11, 21:24,
23:22, 23:25, 25:2,
25:13, 26:9, 28:8
noon - 7:16
normally - 11:21
Norris- 1:14, 22:1,
22:7, 22:8, 22:9,
24:12, 28:2
North- 1:4, 1:7
Notary- 30:13
note - 6:1
noticed - 8:2
notified - 2:19, 3:3
Number- 26:1, 26:3
0
o'clock - 1:9, 29:18
O'melia- 1:15, 24:2,
24:7
obtained - 3:1
obviously - 18:4
occasions - 17:9
occupants - 4:16
occurred - 2:16,
5:17, 8:22
occurrence - 3:23
October- 2:16
offer- 21:17
office - 28:15
officer - 13:15
officers - 3:14, 9:24,
10:16, 10:17, 11:11,
11:19, 12:3, 13:4,
13:22, 14:19, 15:12,
16:1, 17:8, 17:10,
17:12, 17:17, 18:3,
18:5, 18:7, 18:18,
18:20, 20:1, 24:6,
24:8, 24:13, 24:15
official - 10:18,
13:16
old - 5:15, 5:16
once - 11:4
Once- 16:15, 23:3
one - 2:20, 4:1,
13:13, 18:5, 19:20,
22:7, 22:10, 23:17,
24:20, 27:25, 29:11
One- 7:5, 7:20,
8:21, 9:25, 10:5,
10:11, 10:24, 11:9,
17:17, 19:7
opportunity - 19:25
outside - 4:10
owe - 17:6
own - 5:10
P
Palm - 1:4, 1:7
paper - 26:16
park - 7:19
part - 25:25, 26:3
participate - 23:1,
23:8
participated - 22:21
participation -
22:23
particular - 2:18,
3:25, 9:20, 18:8,
22:14
particularly - 13:4
parties - 21:7
party - 14:20
past - 3:13, 6:19,
29:9
pending - 2:10,
18:10
people - 10:2
perception - 23:14
period - 9:1, 9:4
person - 14:22
phonetic - 26:10
pick - 8:6, 8:8
place - 8:23, 8:24,
17:16
placed - 5:3
plaintiff - 15:23
Plaintiff - 12:22,
16:18, 17:4, 19:25,
20:4, 23:19
Plaintiff's - 7:21, 9:8
Plaintiffs - 23:16,
26:7
played - 26:4
plead - 12:7
pleasure - 6:9
pled - 15:19
Pm - 1:9, 29:18
point - 19:9, 19:15,
27:22
pointing - 18:6,
18:19
Police- 2:19
police - 3:14
policies - 12:8
MHO/ - 6:1, 12:7,
12:10
poll - 2:12
Porsaw- 26:10
position - 17:14,
19:4, 22:9, 26:25
positions - 17:11,
24:19
possibility - 18:23
possibly - 27:21
potential - 21:5,
22:13
predicated - 2:24
Predicated - 3:11
prepared - 16:2,
25:11, 28:2
present - 2:8, 27:18
presentation -
11:25
press - 26:17,
26:24, 27:19
prevent - 4:16
prevents - 11:1
prisoners - 2:21
problem - 11:19,
13:2, 14:3, 16:21,
18:2, 18:12, 27:12,
27:14
problems - 7:20,
28:18
procedure - 12:11
procedures - 6:2,
12:9
proceed - 8:15,
16:13
proceedings - 2:2,
30:7
process - 20:12
produced - 9:9
program - 6:23
projection - 19:13
prong - 14:24
proposition - 14:5,
15:13
provided - 24:24
Public - 2:20, 30:13
publicity - 20:20,
26:7
put - 20:25, 23:6,
26:8
Q
qualifications -
23:14
qualified - 10:25,
13:19, 14:14, 15:7,
16:15
qualifying - 10:16,
13:14
questions - 6:7,
15:5, 25:1
quite - 28:21
quote - 3:1
R
raid - 7:9, 7:10,
8:12, 13:8
ready - 19:15,
realized - 4:24
reason - 4:8
reasons - 22:11,
23:2
received - 2:25
receiving - 3:6
recommend - 21:12
recommendation -
21:7, 26:18, 27:7
record - 30:7
records - 5:10, 9:6
9:9
recovered - 17:4
refer - 11:3, 11:6,
27:8, 27:11
reference - 10:1,
10:7, 14:16
referring - 10:7,
11:21, 11:23, 14:16
reflect - 9:6
refused - 22:22,
22:25
regular - 25:7
rehabilitated - 6:21
release - 2:21, 6:16,
6:23, 24:7, 24:10
released - 6:22,
8:18
relied - 17:19, 17:21
remain - 14:19
remedy - 27:4
render - 5:14
Rennebaum- 1:17,
7:14, 17:22, 21:14,
21:15, 21:19, 22:24,
23:2, 23:9, 23:11,
23:13, 29:11
replace - 9:1, 9:11
replaced - 9:7, 9:10
report - 30:6
represent - 18:3,
18:17, 18:20
representation -
24:18, 29:8, 29:9
representative -
18:14
represented -
23:17, 23:20
representing - 26:6
requires - 6:23
resided - 3:9, 3:19
residing - 3:8, 5:2,
5:8
resolution - 20:16,
25:11, 29:14
resolve - 19:23,
21:8, 22:18
resolved - 2:9
respond - 26:21,
26:22
response - 22:16
responsible - 10:19
result - 5:12, 26:2
Retention- 21:25
return - 3:17
returned - 8:1
reviewed - 22:12
rights - 10:12,
12:11, 12:19, 15:22,
17:5, 25:21, 25:24,
27:6
risk - 7:4
Robert- 1:17
Ron- 1:13
room - 29:2
rooms - 8:25
rounds - 4:12, 4:13
rude - 9:24
run - 28:14
S
Safety - 2:20
sat - 17:25
saw - 24:16
scene - 5:14, 10:3,
10:8, 11:3, 11:7,
11:22, 14:17, 14:21,
14:22
search - 10:14,
12:13
second - 11:15,
12:15, 14:24, 16:16,
18:7
seconds - 28:24
sections - 10:24
seizure - 10:14,
12:13
self - 2:12
Self- 21:25
self -insured - 2:12
sentence - 7:2, 7:4,
28:13, 28:19
September- 1:8,
21:22, 30:9
served - 9:21
services - 5:13
set - 3:20, 4:10,
20:3, 21:22
settlement - 19:6,
20:14, 20:15, 21:1,
25:25
Settlement- 1:23
several - 14:4,
19:11
Shall - 25:4
shape - 25:22
shook - 5:11
shortly - 8:22, 9:18
shotgun - 4:13
show - 9:9
side - 18:8
similar - 7:18
simple - 25:20, 27:3
Sirma - 2:11, 2:13,
22:2
situation - 10:8,
17:15, 22:14
six - 24:6
someone - 8:3
somewhat - 5:11,
8:7
sorry- 11:17
Special- 1:22
special - 22:16
spending - 14:1
spent - 13:22
spin - 26:8
spotted - 7:18
stand - 14:4
standing - 26:23
standstill - 13:22
start - 6:12, 7:14
started - 7:16
state - 15:19
State- 16:23, 16:25,
30:13
statement - 28:3
status - 2:8
statutory - 16:22,
16:25, 17:3, 20:15,
21:6
stay - 8:25
stenographically -
30:6
step - 16:12
stick - 25:20
still - 5:3
stipulate - 24:21,
26:19
stop - 10:2
Strictly- 23:13
strictly - 27:16
strong - 20:6
strongly - 12:24
substantially - 17:4
successful - 20:13
sufficient - 13:6,
15:5, 23:6
sufficiently - 6:21
suits - 6:10
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338
summarize - 2:17
summary - 11:2,
11:12, 13:18, 14:18,
15:11, 16:3, 16:14,
19:10
supervision - 6:24,
12:17
support - 22:15
supported - 17:24
surprise - 4:14
surrounding - 4:18,
22:13, 24:16, 25:19
surveillance - 3:20,
7:15, 7:17, 8:4, 8:7
suspect - 7:5
sustain - 15:24,
20:7, 26:2
sustained - 12:25,
16:19
Swat- 3:15, 3:21,
4:9, 5:21, 5:25, 6:3,
6:15, 13:5, 13:7,
17:18, 17:23, 22:21
sympathy - 19:1
T
tail - 7:4
team - 3:16, 3:21,
4:9, 5:21, 5:25, 6:3,
6:15, 13:5, 13:7,
17:18, 17:23, 22:16,
22:21, 23:3
tentative - 20:14
tentatively - 2:9
terribly - 28:25
testified - 7:21
themselves - 13:24
theory - 13:20
thereby - 14:18
therefore - 14:8
Thereupon- 2:1,
29:17
third - 17:25
thorough - 24:23
three - 17:11, 28:13
today - 18:9
tomorrow - 28:12
tonight - 26:12,
26:14, 29:13
Tonight- 28:12
took - 8:23, 9:23
Tort- 16:23, 16:25,
27:5
totally - 17:19,
17:21
towards - 20:25
training - 12:18,
22:22
transcript - 30:7
traveling - 12:20
trial - 19:15
true - 30:7
try - 26:7
turns - 15:17
two-12:1, 15:18,
17:9, 19:12, 19:17,
19:19, 19:21, 28:13,
28:19
type - 4:12, 5:22
U
unconstitutional -
13:12
under - 13:11,
13:12, 15:5, 27:5
undertake - 19:5
Unfortunately - 3:22
unidentified - 8:10
unit - 3:21, 5:22
units - 23:7
unless - 10:19,
24:25
up - 2:18, 2:23, 3:4,
3:20, 4:10, 5:11, 8:6,
8:8, 9:1, 15:8, 22:20,
28:13
utilization - 3:13,
11:13, 15:2, 17:18,
22:16
utilize - 3:15
utilized - 5:23, 6:4
V
value - 20:19, 21:3
various - 17:12
verbally - 9:24
verified - 3:7
version - 27:18
via - 11:11
video - 9:16
videotape - 9:23
videotapes - 9:17
videotaping - 9:25
Village- 1:4, 1:7,
2:18, 2:24, 3:4, 3:5,
3:10, 6:6, 12:2, 12:4,
12:7, 16:1, 16:17,
16:20, 24:3, 24:5,
24:10, 24:13, 25:23,
26:8, 27:19
village - 28:19
Villages- 22:17
Vinograd - 1:13
violate - 12:11
violated - 25:22
violating - 12:12,
13:12, 14:9
violation - 10:14,
15:4, 27:2
violence - 7:6
violent - 3:13, 6:19
visibly - 9:24
W
walk - 7:3, 20:9
walked - 21:16
weather - 3:22, 4:3
well-known - 16:7
white - 4:21
wife - 2:24, 3:1, 7:7,
7:23, 8:5
willful - 10:21
win - 15:9
witness - 21:2
witnesses - 19:11
wrongful - 10:21
Y
years - 5:16
young - 5:8, 5:14
ELITE REPORTING OF SOUTH FLORIDA, INC., (954) 761-8338