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HomeMy WebLinkAbout1987 News articles about case being reopened (3rd investigation)'•. P 1, fir � l� Lr S n eri 's n v e s,.,r acnf`'r RW V�'i� �.1+' .'.�(r. soda y `+uiJ� L" �' M`Vold `t�✓(�� By LARRY ILL•:I�AN / A confidential informant says he saw Sebastian Police Chief Gerald Nappi leave the Sebastian Sun fire scene with a can of gasoline, Indian River County Sheriff's Detective Don Coleman said Wednesday. Coleman divulged information on the sheriff's investigation into a tampering with fire scene evi- dence case after releasing "criminal intelligencu" information compiled in the lied year about the city's Police Department. Circuit Judge L.B. Vocelle last Friday refused a re- quest by the Sebastian Sun to review Culemm�l's tae- poring with evidence file, but ordered the Sheriff's Deparlmont to release intelligence infornation about the Police Department. The intelligence file contained five allegations of perjury against Nappi and assorted other acts of 1 either criminal or procedural wrongdoing. No charges are expected to be filed in Cunncctiun with the irltelli- 1' Bence inl'orntauun, Coleman said' ,ferry- Nappi In the pending Sun fire case, Co- leman said an Informant pw;sud a lie drteCLfll' test when telling detectives that he saw Nappi leave MU scene' of the April 19116 fire at 041 Pdlsmere (toad that caused $60,000 damage. Coleman said the fire was deemed accidental. Sher- iff's investigators, however, believe- that someone tampered with evidence at the fire scene to Inalce it loot( like arson. An investigation by city police tried "to thin it on' former city Patrolman Victor Regan, who quo the city force shortly after he began investigating; tilt' fire, Cu- ICman said. Regan has also passed it polygraph lust, Coleman said. Nappi has refused a request by Sheriff Tim Dobeck to take a polygraph lest. Wedncsdaly, he declined to comment on the package releaser) by detectives, saying he'd probably hold a press conference at it later date. Nappi, who called the slieriff it "bully," has repeat- edly denied any wrongdoing in the past. Nappi, it pu. LBO LiaL candidate for sheriff, has said he Il.is been harassed. by Dobeck, who has political motives. Dobeck denies the claims. The allegations of perjury stem from depositions Nappi gave in 1905 anll 19116 for his $1 minion lcdaral suit he filed against the city following his dasnlissad in April 1904. He was subsequently rehired. lie scaled the suit for $55,000 last August. Allegations of perjury made to Coleman are that Nappi lied when: .• Ile denied staying overnight in the same room as Sun publisher Joan Pupper. • lie denied seeing — before it was published — dry, tat Pj a letter to the editur written by police officers to The Sun in February 1904. • 1-le denied :illy involvcmcnL ill a letter reconl- monding Nappi as puliev chwf and signed by city res- idents in September 1983 Lu then-Nltryur Pat Floud Jr. • lie denied involvement ill a :aull:ar letter sent to Flout and City Council signed by police ullicers. t. He duniod calling a West Virginia SuLv Police Corporal and telling him lu sLUtiewal Flood, whu had gone Lo tit. mary's ul Fobruary 190.1 to cunttuct a background investigation of Nappi. Other allegations are Ihat Nappi: r M:ale persona, lung distance pliune calls at. the tau payers' r Placed juvcnilr:; and/or run- aways in the hldian River Drive home of Tfieudwo 11olhwua, 3?, wtllout pornlis:;inn (bout the st.d.e D,-partfll.•ut of I IV.dth atilt R1 habi- lilalive Services. Colem;m muted that in 1969, Ilullnuul was cumnlillrll to ;ovum - Pal PlUut yCal'E ill at l°tvlUd iusulullun ;diet' b,-il,g found ant guilty by rc;tsun of insanity of cunamininl: a lc%vtl and lascwluus at'l Oil it child umdel' I4, liullnlaul waa; arrrsle.l on a 8inlielr charge In August lwhi and is now sorving a f; ..year prison term. r In Ocl.uher 1M13 its SI;L. Dar Iiowald re:;il;netl, Nappi llutratened to ltaVV his slAt putirr cerrlir.dwn pulled it the ullirrr ver "bad-uumlhcd" Nappi. The chief also tultl ter ultivor heal gel lianuer Chnd John Mellon and "take dulwl" Iluward. Pl.tud d,nd I'oruler Patrolman Tom W.tgner it he had lu, accurding to ;I letter released Wednosl.lay. I luwrlyd is now ;I serguant in Fellstncre. • Kept it black book, which listed conversations Ile had. In despusltimn LvAinunty by fornier polhv of- ficer Lisa (truck, Ahr allrl;od Nappi "toad :I b!ndvncy to put it tape raeordrr on I.V, Irg ... and taped .I IuL of cotiversa Lluns." a In 1904 directed uflicers to ticket anyone they could who was seen (raving Flmod?; home. • Had his officers watched for rninw' infractions, threatened Ihern with Lltair jobs and urderod srluclive lane enforcement. • In early 1904 ;asked former Patrolman Ralph Smith to use an electronic cavesdrnppine dhviCe known as the "Ilionic k;lr." Snrith, whu said he re- fused, alleged that he was toll lu sit ill the driveway of now -City Councilman Itubort McCarthy :and mon- itor conversations of Proud, who lives across the street. Nappi denied Smith's allegation in ;I .duly 19013, de- position. Culem;ul fluted that ItetlneLL tuuk the Ste Amendment when asked a,buul the device in an August 1961.; dvliusition. M.I lUl1VWCC11 1 IC11V - A spooky looking character bids a Halloween greeting during Fellsmere's Halloween parade -carnival, held Saturday afternoon. Parade participants threw candy to the children and adults lining c both sides of the parade route, which began and ended In front of Fellsmere City Hall. Many participants and observers proceeded to Fellsmere Elementary School for the carnival. (Press -Journal— Bruce Cook) Newspaper Dire Case Reopened By Police By PATRICIA DiLALLA and BRUCE COOK ' Sebastian police are conducting a third investigation into a 1986 'fire at The Sebastian Sun, an action that has prompted criticism from a state fire marshal. Police Chief Gerald Nappi Monday would only confirm that his department is Investigating the fire again, but would not comment on the investigation itself. Lt. David Puscher is in charge of this latest investigation. The fire, which occurred April 27, 1986, at 841 Fellsmere Road, hutted most of the weekly newspa- per's front office and composing room and caused approximately $30.000 damage. The original htrestigafion of the fire by State Fire Marshal Charles Hill and Lt. Gunter Kuehn, arson Investigator for the South Indian River County Fire District, deter- mined that the fire was caused by an electrical short. A second investigation in August of last year looked into alleged fab. rication of evidence after the fire. Kuehn's report of the fire and aftermath Indicated that someone poured gasoline over the desks and office equipment after the fire to Implicate a prominent Sebastian citizen. In December, . Assistant State Attorney David Morgan said nei- ther of the previous two investiga- tions produced enough conclusive evidence for charges to be filed. Kuehn said that he was contacted about three weeks ago by Nappi, who said he had additional infor. mation that he wanted to pursue. "Chief Nappi has requested my files," Kuehn said, "and we have exchanged information. But he Is definitely the one who is going to handle (this investigation). -"As far as I am concerned, the case is closed. The evidence I ex. amined, which Charlie Hill showed to me, led me to believe the fire was electrical." Hill was critical of the latest investigation. "They don't want to take the facts of the case and accept them," Hill said. "They just want.to keep urinating in the wind." "My conclusion Is that the fire was accidental. I've got nothing to indicate that the f.vas set.' Hill said Sebastian police had not notified him of any new infor. mation that had led the police to a suspect. For that . reason, Hill doubted whether the police actually had an arson suspect. "When they arrest somebody, then I will say that maybe I was wrong," said Hill. He stood behind his earlier con- clusion that an electrical short had caused the fire. Hill said the only reason he has not closed the case is the fact that someone committed a crime by pouring gasoline on some of the desks at The Sebastian Sun office after the fire had been extin- guished. "That, in itself, is a criminal offense," he said. quire aL .aab..wu v.o......: on his leg and one on his f and is expected to be hospit six to eight weeks. Finucane was too early to know how loi son's recovery would take. Police Chief Gerald Nappi the accident occurred at 2:1( on Schumann Drive, south c elementary school. Nappl said Sgt. Eugene I 42, a three-year veteran o police department, was d, south on Schumann when h control of the car at an area i the road curved to the left. TI ran off the right side of the and hit a sandy area, swerved across the road and started s. sideways. The car then ran o left side of the road, continui, broad sliding and struck a with its right rear quarter pan tween the trunk and back win "The best we can figure," 1 Grief Grog Meets Toda The Grief and Beyond grou Its organizational meeting on 20, in the volunteer ambu training room behind Seba City Hall. The next meeting will be p.m. today in the same room. of the emotions associated wit. death of a loved one will be cussed. It Is known that by sh our feelings, we practice mental health. Anyone who has lost a love( by death is welcome to attend series of meetings will extend a seven -week period, culmin in developing a positive all for the future beyond grief. For further information, co the Mental Health Associatig United Way agency, v sponsors the group. Vol r 0 e� f e7 SEBASTIAN POLICE DEPARTMENT SEBASTIAN, FLORIDA 32958 SUPPLEMENT / NARATIVE / CONTINUATION REPORT ❑ CASE REPORT CONTINUATION MO. DAY YEAR TIME: CASE REPORT NUM^BER CASE REPORT SUPPLEMENT /® I �, I .0,930 PAGE/ OF� EVEW LOCATION OF OCCURRENCE: "Okswv �.ct_ NAME: C ❑ V/ ADDRESS: TELEPHONE: (Event Changed To: _— /N QE3/✓QNtZ c/t�I j a /�✓v. L (''001 c k cl .1 A'3kL � ,i Ls. how Sh L g� �( Sit Qie/, c d 54- COr/ J C4u A v a U.N RV 41 /10 lE b u 3. d Jstic t,vc 'gc�ot s be lr1� c 4.4 T.;&L wFH io-/ —A-9 /ONE CASE STATUS ❑ ACTIVE ❑ INACTIVE -WARRANT ❑ UNFOUNDED ❑ CLOSED -SERVICE PERFORMED ❑ INACTIVE ❑ CLEARED ARREST ❑ EXCEPTIONALLY CLEARED SPD 08 REV. 2-1-85 Aux.., /.s Vu 6 JG P _ /%S Lvow S Ton.. WE CA" sio-'c i, %a A-ccc dS6, /10s VadsF- cl %b i REPORTING OF CESION UREAD No.: REFERRED TO: V 110-2— REPORT PR VED B ID No.: OTHER UNITS ON SCENE SEBASTIAN POLICE DEPARTMENT SEBASTIAN, FLORIDA 32958 SUPPLEMENT / NARATIVE / CONTINUATION REPORT �ASE E REPORT CONTINUATION MO. DAY YEAR` TIME: CASE REPORT NUMBER REPORTS /Q I a6 I / PAGE —OF— 6.. r LOCATION OF OCCURRENCE: a (� / J aAj NAME: n C ❑ ADDRESS: TELEPHONE: Event Ganged TO: .4 cUAS AgJ/CE --Df 4 41 L C -54 -o Cf L {4dc4 S L C' /V O /K ctf 5 d0 -tL A, -a / 1uL JE ALCICN OW I C tl fC d Sh f -6 <tivLS Jio G d ✓ONE ❑ ACTIVE ❑ UNFOUNDED o INACTIVE SPD 08 REV. 2-1-85 CASE STATUS ❑ INACTIVE -WARRANT ❑ CLOSED -SERVICE PERFORMED ❑ CLEARED ARREST ❑ EXCEPTIONALLY CLEARED REPORTING OFFIC 1 NATU /10 No.: ZT REPORT ArOVED BY / ID No.: REFERRED TO: OTHER UNITS ON SCENE as reopens By Joan Pepper A decision to reopen an investigation into the Sebastian Sun fire by the local police department has prompted feelings of relief from Sun officials and criticism from the fire's original investigator. David Henley, president of Treasure Coast Publishing, said he hopes the new probe will center around the cause of the fire, stating he has always maintained the fire was intentionally set JoanPepper, the newspaper'spublisher, said she jbo feels the fires cause was improperly deter- mined and that the fire became a "political war" between certain law enforcement and government agencies. Sebastian Police Chief Jerry Nappi, however, said he could only confirm his department had reopened thecase. Nappi would not explain any specifics regarding the investigation. State Fire Marshal Charles Hill, who conducted the original investigation into the April 27,1986 blaze, deter - new ape l#L�l s i mined its cause o el trical, created by a shortage in an air conditioning socket During an interview Tuesday, Hill said he considers thecase to beclosed and has nothing to indicate the fire was caused any other way. "I'm getting tired of that cotton pickin' fire," Hill said, urging reporters to contact the Sebastian Police Depart- ment, "who seem to be much closer to you." - "If thepolice don't want to accept myconclusion, that's fine with me," the Fire marshal said. "They (the local r tire probe police) can work on. as many investigations as they please." The original fire was investigated by the local police department, the state fire marshal's office, and the South Indian River CountyFire District A second investigation was opened lastyearby the Indian River County Sheriff's Department, when it was discovered gasoline had been poured over several pieces of equipment in the offices. See PROBE REOPENED pg. 3 PROBE Rj PENED Cont: from page 1 �� Investigators said thg gasoline was olpresentduringthe original fire but .had. been placed there afterward "to implicate a prominent Sebastian citizen." Armed with bundles ofdocuments thatwould allegedly lead to the indictment of "several high ranking officials within the Sebastian Police Department and the Sebastian Sun," die investigators of the evidence tampering case headed to the state attorney's office, requesting a grand tfury investigation. The reportwas submitted by Lt. Gunter fKuehn, South County Fire District investigator, who was assisted by Hill. Kuehn's report constituted several charges against the unnamed newspaper and police de- partment suspects, including fabrication of evidence, criminal conspiracy, obstruction of justice, malfeasance and misfeasance. "They're liars IeNappi was quoted as saying, in re- sponse to an article in Florida Today newspaper. "I believe that somebody is pulling shenanigans and trying to discredit us." . Nappi and his investigators have maintained the fire's cause to be, arson, since its inception. 19 December. the request for a grand jury probe was thrown out by Assistant State Attorney David Morgan, who said there was pot enough conclusive evidence for charges to be tiled. Following his initial probe into the fire's cause, Nappi reopened the investigation in mid -August, 1986, with the . intention of. investigating Kuehn's allegations. Kuehn accused Nappi, through the media, of needlessly reopen- ing the case. "It's like a dog chasing his own tail," Kuehn was reported to have said. Although Kuehn had originally shown optimism about his case andlelt there would be grand jury indictments back in August, 1986, on Tuesday during an interview with the Sun, he said he was not at all upset with the state attorney's office refusing to initiate a grand jury investi- gation: _ "Wc are not lawyers," Kuehn aaiti.'"They have to look at the strength of the evidence. Tbey have to protect the innocent" Kuehn said he concurred with Hill's conclusions but that he merely offered a second opinion, since he was not actually on the premises immediately after the blaze. He said he was later shown the scene, but clean-up crews had already started working in the C.R. 512 newspaper head. quarters. "Based on the information provided by Hill, the fire's cause was accidental," Kuehn said. Kuehn said he . would "reconsider his train of thought" however, if the police department's investigation produced tangible evi- dence that would show the fire's cause to be different than Hill's conclusions. Hill, who accused Sun reporters of "threatening" him when they asked him questions on Tuesday morning, referred them to his superior, HughBedwy. Bethay, however, was unavailable for comment. Back in August of 1986, Hill told Pepper his involve- ment in the fire investigation was complete, after he had established its cause to be electrical. Sun reporters, how- ever, have discovered that Hill was actively involved in the evidence tampering portion of the case and questioned his involvement. "My primary mission was to determine the cause of the fire, which was accidental." said Hill on Tuesday. "I was later directed by Don Steverson in Tallahassee and Hugh Bethay to determine who put gasoline on the desks." Reporters contacted Steverson, who explained that according Iq Florida State Statute 633, the primary re- sponsibility of state fire marshal investigators is to inves. tigate fires forcause,origin and circumstances. "We don't go out and activate or pursue allegations of evidence tampering," Steverson said. "But if another agency, in- Vesd9ating that,aslcc4, asks for the investigator's testi- mony regarding the fire's cause, we'll cooperate." To Steverson's recollection, however, he did not "di- rect" Hill to actively pursue the evidence tampering portion of the case. Steverson said he would check his records for confirmation, but was unable to do so by the time the Sun went to press. Hill, who has been employed by the state fire marshal's office for 21R-years, said he had not yet closed the case because someone committed a crime by pouring gasoline on some of the office furniture. Hill also accused Sun reporters of inaccurately reporting his role in the investi- gation. Thataccusation was prompted when Sun reporters quoted Sebastian Police Department Investigator Victor Regan saying in �ay. 1986 that Hill had incorrectly deemed the fire's: cause to be accidental. "He never examined the electrical wiring," Regan was quoted as saying. Hill later refuted the charge, claiming he had, in fact, checked the wiring. Despite Hill's conviction that the fire occurred ac- cidently, arson has never been ruled out on the parts of Henely, Pepper and the Sebastian Police Department "We have felt all along that arson was the cause of this fire and that politics somewhere, by someone, resulted in the fire being used as a football for vendettas between agencies which should have maintained more profes. sional attitudes," Henley said. "Now we hope this inves- tigation will finally result in a conviction that will clearthe. people who have been so falsely accused and defamed."