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HomeMy WebLinkAbout1986 08 20 Case Summary from Fire Investigator Kuehn and Fire Marshall Hillu i- TO: OFFICE OF STATE ATTORNEY - 19th Judicial Circuit in and for County of Indian River RE: •SEBASTIAN SUN" Fire Incident 04-27-86 Honorable Bruce Colton, State Attorney Enclosed is the case file, including transcripts of sworn statements, lab reports, case history and summary. Pursuant to a meeting held June 6, 1986 between Assistant State Attorney David Morgan, Agent Charles Hill of the State Fire Marshal's Office, Lt. Gunter 0. Kuehn of the South Indian River County Fire District and Chief Gerald Nappi of the Sebastian Police Department, a follow—up investigation into the above referenced fire was conducted resulting in the following, with the recommendation to have'the outlined allegations examined by a Grand Jury for further judicial action: 1.) It is alleged, that certain evidence, described in this report as having been found in the fire scene, is not authentic (Ch. 918.13 F.S.). 2.) It is further alleged, that specific evidence was fabricated 19 an. attempt to mislead a State Fire Official as to the determination of the fire cause (Ch. 837.02 F.S.). 3.) It is further alleged, that specific evidence was placed into the fire scene in the attempt to implicate a prominent Sebastian citizen (Ch. 837.012 F.S.). 4.) It is further alleged, that an attempt was made to intimidate an Arson Investigator charged with the investigation of the incident through public slander and ridicule (Ch. 838.021 F.S.). 5.) It is further alleged, that obstruction of justice occurred when offered testimony involving the fire was suppressed (Ch. 914.22 F.S.) 6.) It is further alleged, that malfeasance and misfeasance, as well as mismanagement, existed on part of a public department individually and collectively (Ch. 112.51 F.S.). 7.) It is further alleged, that a criminal conspiracy existed between two or more persons to conceal the true events of this fire, to mislead public officials and to subject innocent persons to harassment, ridicule, public contempt and injusticel(Ch. 777.04 F.S.) 8.) It is further alleged, that four (4) persons named in the report have contributed to aforesaid offenses. 5AA ilt 4tO I /I. KuEn, Investigator South I. R. C. Fire District NOTARIZATION Charles H , �_nep6_ty_iStefe Fire Marshal Office of State Fire Marshal cc: Sheriff R. T. "Tim" Dobeck Chief D. L. Steverson, DSFM CASE: #86-12074 04-27-86 LT. G. O. RUEHN SEBASTIAN SUN CASE HISTORY On June 6, 1986, Agent Charles Hill, Office of State Fire Marshal met with Assistant State Attorney David Morgan and Administrators of the Sebastian Police Department. The purpose of the meeting was to release Agent Hill's results of the investigation into the fire incident of the Sebastian Sun, which occurred April 27, 1986. It was Agent Hill's opinion, that the above referenced fire was accidental, specifically electrical in cause. Agent Hill also made known, that even though the fire was classified as accidental, certain events should be made known to the State Attorney's Office to prevent any further misunderstandings. These findings may warrant a follow—up investigation by another agency and/or the State Attorney's Office. The described incidents in question were explained as follows: on April 27, 1986, Agent Hill was requested to inspect the fire scene for the purpose of determining the cause and origin. Certain evidence was shown to him and a determination of fire cause was made. Several days later, Agent Hill received a phone call in which the caller advised, that additional evidence such as gasoline was found in the premises in an area where no gasoline was found or noticed during Agent Hill's initial inspection. It is opinionated that the gasoline substance was put there afterward by person or persons unknown. The motive for doing so is unknown. It was the suggestion of the Assistant State Attorney that a Sebastian Sun Page —.2 — follow—up investigation appeared necessary and that another agency, other than the Sebastian Police Department should handle it. Sebastian Police Administrators suggested that FDLE should be consulted, but Assistant State Attorney Morgan recommended to transfer the investigation to the Indian River County Sheriff with the South County Fire District assisting him. Sebastian Police Chief Nappi agreed to full cooperation to have this incident investigated. On June 27, 1986, this RO met with Lt. John Emmerick, SPD, for the purpose of obtaining copies of records pertaining to the case. Personal records of persons employed by the department at the time of the incident was also requested. These records were examined by this RO for the purpose of developing a witness list of persons to be questioned. On July 1, 1986, this RO was contacted by Lt. David Puscher, SPD, to get in touch with Scott Sherbrook, who stated that he had been assigned to guard the scene which had not yet been released. He noted a rekindle of the earlier fire and called for the fireman to return to extinguish it. The fireman and Patrolman Victor Regan decided to spread a tarpaulin over the desk and office equipment to protect it. Sherbrook removed items from the desk including a blue plastic letter tray to prepare for the tarpaulin. After the firemen had completed their task, Sherbrook put the items back on the desk. A while later, Officer Regan came up to him showing him the blue letter tray which Sherbrook previously handled. The letter tray contained a liquid believed to be gasoline. Sebastian Sun Page — 3 — Sherbrook specifically recalled that the letter tray was previously dry and that the desk and papers on it were dry and displayed no gasoline odor. Sherbrook remembered that he, Officer Regan and Joan Pepper were in the building, as well as George Pepper, another Officer and a civilian were in the yard. The fireman already had left. Sherbrook stated, that he was reluctant to give this information at first due to the politics involved, but after talking it over with his wife, he wanted to come forward. On July 7, 1986, this RO interviewed Joan Pepper, Editor of the Sebastian Sun. Pepper stated, that while they were moving items out of the burned structure to resettle at another location, Officer Regan called her attention to the gasoline which_ he had found. Upon inspecting her desk, she found spilled gasoline on her papers as well as on the computer. She then called Chief Nappi on the phone and he came out to take possession of the evidence. Pepper recalled the following persons to be on the premises at that time; herself, Officer Regan, George Pepper, Richard Rosekranz and Karen Meisenheimer. Pepper believes that her business is being targeted for harm due to local politics involved and that perhaps some of her confidential notes pertaining to controversial political figures may be the reason. She stated, that she and her business had received implied threats and that she would have this RO go over her notes to see if that could be a motive to burn her out. On July 1, 1986, this RO met with Sheriff Tim Dobeck, Major Sebastian Sun Page — 4 — Roy Ramond and Captain Larry Tippins advising him of the progress of the investigation and of the renewed threat which Pepper had allegedly received. On July 2, 1986, this RO met with Scott Sherbrook to go over his statement again this time on tape. The statement Sherbrook gave was basically the same as previously made with the exception that one of the "Suns" employees had examined the computers in the office after the fire for damages. This employee, he believes to be Meisenheimer, found no gasoline substance on the -equipment. During the interview, Sherbrook touched on another matter pertaining to another investigation, presently being conducted by the Sheriff. The contents of this statement was relayed to Assistant State Attorney Joe Wild by this RO. This RO met. with Lt. John Emmerick to request additional documents and evidence relating to this case. This request was followed by a written request to furnish all physical evidence, notes, memos, sketches pertaining to the fire and copies of entries"allegedly in the personnel files of former Officer Victor Regan. On July 7, 1986, this RO interviewed George Pepper in regards to the gasoline found on the office equipment. Pepper stated that he saw it but that he was not the one who discovered it. His wife was the one who told him about it and showed papers to him which were gasoline soaked. A formal interview is being scheduled in the next few days. This RO also spoke with Charles Hill from the State Fire Marshal's Office. Hill said, that at the time of his visit, he Sebastian Sun Page — 5 — pointed out the accidental electrical fire to Victor Regan. When Regan mentioned the plastic bottle with gasoline found, Hill told him that this gasoline played no part in this fire unless gas would have been found poured around. No ARSON with gasoline took place. A formal interview with Hill is being scheduled in the next few days. On July 14, 986, this RO received evidence from the fire through the property officer of the Sebastian Police Department. Some of the evidence was taken to the lab for analysis on July 15, 1986. On July 17, 1986, this RO jointly with Charles Hill from the State Fire Marshal's Office took a taped statement from Victor Regan -pertaining to this case. On July 21, 1986, this RO spoke with Babu Thomas from the Crime Lab in reference to the evidence submitted to him earlier. It was Thomas's opinion, that the submitted gasoline from the fire scene compared very well with fresh gasoline obtained for comparison. The gasoline from the fire scene showed some sort of ageing, but was not weathered. This RO spoke with Agent Charles Hill to have the Tallahassee Lab conduct further testing on container materials. On July 21, 1986, Major Roy Raymond, IRCSO, advised that he had interviewed former Sebastian Detective Douglas DiSomma. DiSomma took two or three rolls of pictures of the fire scene while he still was on the force and and turned them in to Lt. Emmerick, SPD. Sebastian Sun Page — 6 — On July 22, 1986, this RO met with Charles Hill and Assistant State Attorneys Morgan and Wild for a'case review. On July 23, 1986, a meeting was held with Detective Don Coleman. Also, briefly interviewed were David Henley, Joan Pepper and Douglas DeSomma.. Photos were also obtained from Sebastian Police Department and from Joan Pepper, showing the fire scene. The film received from Sebastian Police Department marked "taken by George Pepper" of the fire scene was developed by IRCSO Identification Officer Denny Scheihing. There were no pictures on the film. The film received from Sebastian Police Department allegedly taken by Office DeSomma of the fire scene showed 11 (eleven) frames. On July 28, 1986, interviews were conducted with Mr. David Henley of the Sebastian Sun, Officer Douglas DeSomma formerly with Sebastian Police Department, and Jim Johnson with Sebastian Police Department. Present at these interviews were State Fire Marshal Charles Hill, Detective Don Coleman and this RO. The interview with Henley produced no new information due to the fact that he came into the picture after the fact. The interviews with Johnson only corroborated facts already known. The interview with DeSomma established that photos had been taken of the scene and that some of these photos are unaccounted for. Also, it was revealed that Chief Nappi has permitted ordinary citizens the use of the Police Photo Lab, specifically the "Sebastian Sun". This would of course jeopardize the security of Sebastian Sun Page — 7 — the photographic evidence customarily kept there, specifically the films pertaining to the Sebastian Sun. On July 30, 1986, this RO, jointly with Detective Coleman, spoke to Pat Flood, the person named as one of the suspects in the original case. Flood stated that he knew and also was told that Pepper and Nappi conspired to put things on him or frame him, especially the fire was being blamed on him by Nappi. Flood also said that citizens had told him what Nappi and Pepper were up to putting the blame on him. Flood was asked to produce witnesses as to that affect in order that they can be interviewed. Pat Flood stated that Regan was sent by Nappi to interview him about the fire and that he was told that he was the prime suspect in the case. Flood in turn told Regan, that he believed George Pepper did it. Flood also was aware that.he is being accused to have paid off the State Fire Marshal to rule the "Sebastian Sun" fire accidental and cover up the facts. On July 31, 1986, interviewed were George Pepper, Joan Pepper, Karen Meisenheimer, David Puscher S.P.D., John Emmerick S.P.D., and Pat Flood. Also interviewed was Officer McCarthy. After the interview, Sheriff Dobeck received a call from the owner of the newspaper, David Henley. Henley stated that he had an employee who wished to tell something about the fire. Before this RO could do the interview , City Attorney Tom Palmer advised his client not to answer questions. Sebastian Sun Page - 7a - On 08-01-86, David Henley was subpoenaed by the State Attorney to answer questions as to why he refused to have his employees testify about the fire. Upon serving the subpoena, Deputy Finney was told by Joan Pepper that Henley had left the country for Canada. However, it was established later on through statements made by Joan Pepper, to Becky Raymond at the North County Sheriff's Office that Henley had been in town at the time the subpoena was to be served and that he left the country August 3rd. On 08-04-86, Charles LaCorte of the State Fire Marshal's Office was subpoenaed to relate if he had been contacted by S.P.D. in an effort to obtain information concerning the investigation. LaCorte stated that he had spoken to Lt. David Puscher- and also to Chief Nappi but that he had no information to give them. Nappi told LaCorte, that he did not appreciate the way the investigation was being conducted. On 08-05-86, Patrolman Andy Catalone was interviewed in regards to what he witnessed and the photographs he took. The photos are presently unaccounted for. Also interviewed were former Officer Ralph Smith and again Pat Flood. Flood stated that he was aware of being the target of Nappi regarding this fire. This was also stated by Jesse Brock. This RO interviewed jointly with Charles Hill and Detective Coleman. John Keys. These witnesses more or less confirmed first-hand knowledge of a "get Flood" attitude originating from Nappi and fostered by some members of the Sebastian Police Department. Sebastian Sun ,Page — 7b — On 08-12-86, Chief Gerald Nappi was interviewed by Charles Hill and this FZO. Nappi agreed with the findings of these RO's that there was a mismanagement in the Sebastian Police Department; but according to Nappi, it was contributed by some of his Officers which he could not control. Nappi admitted of practices of evidence mishandling as well as the loss of records or memos out of investigation case file, specifically the Sebastian Sun. Sebastian Sun Page — 8 — CASE SUMMARY 1. The purpose of the investigation was to determine if certain evidence found at the scene of the "Sebastian Sun" fire was authentic. 2. If evidence was proven to be fabricated, who was responsible for the evidence tampering and what were the reasons for doing so. This investigation was conducted jointly by the Office of the State Fire Marshal, this writer, with the cooperation of the Indian River County Sheriff's Office. Also, assisting were the Indian River Community College Regional Crime Lab, the Florida Department of Law Enforcement Lab in Tallahassee and the State Fire College in Ocala. Legal assistance was rendered by Assistant State Attorneys David Morgan and Joe Wild of the 19th Judicial Circuit. This writer, who is a Florida State Certified Arson Investigator, has testified in courts numerous times as a court recognized expert in his field and has extensive training in Criminal Justice through several colleges statewide, investigated hundreds of fires during his 14 years of government service. Based upon this writer's experience, observation and investigations, the following facts, opinions and conclusions are passed on pertaining to this case, which is assigned the Indian River County Sheriff's Department Case Number 86-12074. Enclosed are supporting documents, reports of laboratory analysis, Sebastian Sun Case Summary, Continued Page — 9 — transcripts of witness testimony as well as expert statements, financial reports, field notes and photographs. For the purpose of easier understanding, a brief case history is also enclosed. During the initial stages of the fire, and subsequently later, certain evidence was discovered at the scene. This evidence consisted of a one gallon plastic bottle containing a flammable liquid and miscellaneous paper materials on top of a desk, which were soaked with a flammable liquid. This evidence was impounded by Sebastian Police Department. Based upon this evidence, Sebastian Police Department declared the fire ARSON. The plastic bottle was found on the scene at the time firemen had extinguished the fire. The soaked papergoods were found many hours later. Based upon witness testimony, the bottle was discovered in the room which had the fire, which was hot enough to melt the heavy plastic materials of the office equipment. It is the opinion of experts that the fragile material could not have survived the temperature of approximately 400-5000 if it had been exposed to it. Also the examination of the carpet where the bottle was found showed no color differential associated with objects being there during the fire. If the object had been in place at the time of the fire, an imprint or outline on the carpet would signify its presence during the fire. Therefore, it is the opinion of the experts that the bottle was not in place at the time of the fire. Laboratory analysis conducted on a Sebastian Sun Case Summary, Continued Page — 19 — container of similar type, material and size showed that the object deforms and melts at a temperature of °. This test was conducted by a scientist utilizing a temperature controlled and calibrated oven. It is the opinion of Scientist that the bottle could not survive temperatures above °. As the result of these findings, it is the opinion of this writer that the plastic container was not in the fire, but was put there after initial fire knockdown and extinguishment. The materials on the desk, which were found soaked with a flammable liquid, were not in place after fire knockdown nor were they present during the subsequent inspection of the fire scene. Fire Clrief Arand, who used the desk on which the material later was found, smelled or saw no flammable liquid even though he tried to use the phones. Fire Marshal Charles Hill stood by the desk to conduct interviews, smelled and observed no flammable liquid either. In addition, Officer Scott Sherbrook prepared the desk for fire department salvage, removed items and covered them up with a tarp, found the surface of the desk and its contents dry with no odors of any flammable liquid. As the result of these findings, it is the opinion of this writer, that if a flammable liquid had been present, it would have manifested itself through odor or moisture. Therefore, it is opinionated, that the desk and office materials had been doused with a flammable liquid many hours afterwards. This Sebastian Sun Case Summary, Continued Page — 11 — - writer alleges, based upon witness and expert testimony and scientific testing, that the aforementioned evidence was fabricated, not authentic, and deliberately placed, that it was not connected with the initial fire, nor did it contribute to the fire spread. During the investigation, it was established through witness testimony that a feud existed between Joan and George Pepper, Chief Nappi, who is closely associated with Joan Pepper, and Pat Flood, the former Sebastian Mayor. Presently Flood and Nappi are involved in civil litigation is which Nappi is the plaintiff. According to witnesses, continuous attempts were made by Pepper and Nappi to discredit Flood or to "get him". The same attitude is being displayed by Nappi against Flood. From the earliest time after the fire was discovered, Flood was named as one of the suspects by the Peppers, which was fostered by Nappi. The focus was Pat Flood in an effort to discredit him and harrass him. The insistence of the Peppers and Nappi to call an accidental fire ARSON became evident when Sebastian did not want an experienced arson investigator to check the fire out. After the arson investigator ruled the fire accidental, he was accused of having taken bribes from Flood to cover the case up and was accused of being incompetent. To strengthen Sebastian P.D. and the Pepper's intent to call the fire ARSON and to frame Pat Flood, the aforesaid evidence was placed into the fire scene afterwards in an attempt to disprove oebastian Sun Case'Summary, Continued Page — 12 — the Fire Marshal, to blame Flood and to create publicity for the newspaper the "Sebastian Sun". This writer alleges, that the evidence described was fabricated for the purposes described above. Summerizing the results of this investigation, seven (7) points are being addressed: 1.) Evidence found in fire scene was not authentic: a. Scientific testing shows, as well as expert testimony will show, that a plastic jug found in the fire scene could not have survived the encountered temperatures without deforming or melt down. b. Witness Regan stated, that when he first entered the building, no jug was seen at the location where later on found. C. Witnesses Sherbrook, Charles Hill, Ralph Arand, Karen Meisenheimer, Doug DeSomma stated, that no odor nor liquid of any type was on an office desk hours before discovered by Pepper. It was not evident when a witness used the desk earlier, nor was it evident when the desk was prepared for the fire department overhaul. 2.) Evidence fabricated to mislead Investigators: a. Expert examination of the fire scene showed an Sebastian Sun Case Summary, Continued Page 13 - accidental fire based on authentic evidence found. The accidental fire cause was not acceptable to the victims, nor to the local police officials who investigated the fire from the very beginning. witness Joan Pepper, Vic Regan, Jerry Nappi and Dave Puscher insisted the fire to be arson even though the evidence proving an accident were shown and explained to most of them. In order to prove the Fire Investigator wrong, or in an attempt to have him pursue the accidental fire as arson, certain evidence was fabricated. -3.) False evidence placed into the fire scene to implicate a prominent citizen: a. From the very beginning of the investigation, at the time the firemen arrived, reference was made by witnesses Joan Pepper and Gerald Nappi, that "he" meaning Pat Flood had been responsible for the fire. b. It became evident throughout the investigation, that Nappi and Pepper are political enemies of Flood and attempts were made to harass and discredit him, especially in view of a pending civil suit between Nappi and Flood. C. It became evident through witnesses Regan, DeSomma and Nappi, that George Pepper had the opportunity Sebastian Sun Case Summary, Continued Page — 14 — to roam about the premises unescorted prior to the jug being found. The jug, itself showing "shelf life" on the premises, was thrown onto the floor after the fire knockdown. It is believed that George Pepper had the opportunity, ability and especially the desire to place this jug into the fire scene. d. The evidence later on found on the desk was discovered by Joan Pepper. During the clean—up, three persons were present on the property, Victor Regan, Joan and George Pepper, later on joined by Meisenheimer and Rosekranz. After Pepper found the evidence, she had the others come to her desk to witness it. It is believed that Joan Pepper had the opportunity, ability and especially the desire to place this evidence into the fire scene. 4.) Attempt to intimidate Public Official: a. Articles appearing in the "Sebastian Sun" describes the investigating State Fire Marshal as not having examined the fire scene properly and not having examined certain evidence at all. This wrongful statement can be rebutted by witnesses Sherbrook, Charles Hill, Fire Chief Arand. b. Verbal statements made by Nappi, Regan and Pepper in presence of each other and John Keyes, describes the State Fire Marshal as an Sebastian Sun Case Summary, Continued Page - 15 - "incompetent asshole who was paid off by Flood to rule the arson an accident and that he had bungled other arson investigations at least on two occasions". C. The president of the company, David Henley, as well as the publisher, Joan Pepper, allowed these falsehoods to be printed and verbally transmitted verbal rumors to others in an effort to have the State Fire Marshal removed from the case or his findings discredited in order to have the accidental fire reclassified as arson. -5.) Obstruction of justice: a. During the investigation, certain testimony was arranged through Sheriff Dobeck with Henley of two persons who wished to ease their conscience pertaining to the fire. These persons were advised by an attorney not to speak to the Investigator. A witness subpoena waslater on issued for Henley to disclose those parties to the Investigator. Joan Pepper lied to the subpoena - serving deputy Finney, telling him that Henley was on his way to Canada, which was later on proved to be false. b. Joan Pepper knew how to reach Henley according to witness Becky Raymond and also knew that he would return to the office again. Sebastian Sun Case Summary, Continued Page — 16 — c. Joan Pepper lied in an attempt to avoid service of the subpoena on Henley and later on described this incident as harassment in the "Sebastian Sun" newspaper. 6.) Malfeasance _ Misfeasance _ Mismanagement: During the investigation, it became necessary to obtain evidence which had been taken from the fire scene. Contact made with Sebastian Police Administrators produced the following: a. Several rolls of film taken on the scene by police personnel were unaccounted for. b. Evidence was left unsecured and exposed to non — police personnel, specifically the "Sebastian Sun", who had access to the police lab. C. Entries made by officers, evidence transmittal sheets, memos and field notes were missing out of the case file and are unaccounted for. d. Absence of any type of supervision pertaining to the officers handling the case. e. Neglect of any type of instruction, training or guidance from anyone of the supervisors. f. Incompetence as to normally accepted practices securing a crime scene, evidence security and evidence protection. g. Nappi admitted to the existance of mismanagement of the police department and admitted to have Sebastian Sun Case Summary, Continued Page — 17— known about it for some time, yet failed to have this case properly investigated. 7.) Criminal Conspiracy: a. Numerous testimony established the desire of Nappi and the Peppers to "get" Flood. b. The opportunity of accidental fire in a business (newspaper), which was pro Nappi and anti Flood, presented itself as a convenient tool and a jug was planted to make it look like arson. C. Verbal innuendos before any investigation occurred classified the fire arson and Flood as a suspect. Police and victims act according to it. d. The Fire Marshal and the local Arson Investigator were not desired to be called by local police and it was the insistance of an outsider who persuaded local police to call him. e. The Fire Marshal was not wanted, due to the fear that he would discover the planted evidence. f. The Fire Marshal came and ruled accidental, despite the planted jug. He proved an accident through authentic evidence. Local police and victims made reference to the jug the alleged arsonist left behind, but the Fire Marshal insisted that the mere presence of a jug does not indicate arson unless some liquid was poured around. A new attempt to fabricate evidence was Sebastian Sun Case Summary, Continued Page — 18 — planned. g. Several hours later, some poured liquid was found by Pepper where there was none before. Pepper pointed it out to witnesses to convince them that her and Nappi's theory of arson was correct afterall. h. The Fire Marshal was not notified again due to fear that he would discover the planted evidence. The Fire Marshal, however, became aware of it through a second party and responded. i. The Fire Marshal disputed the evidence again and continued to call the fire accidental. j. After two attempts to convince the Fire Marshal that the fire was arson due to planted evidence, a slander campaign was started to declare him incompetent and in an effort to nullify his findings as well as to have the fire to be pursued as arson afterall with Flood as a suspect. k. This effort of the conspirators failed however, when a follow—up investigation was initiated to find the truth of the circumstances. 1. Nappi's implied desire to get Flood discredited and the desire of his close friends, the Peppers, to aid him had more or less passively existed for a period of time. Sebastian Sun Case Summary, Continued Page — 19 — m.I The opportunity of the fire was impulsive for George Pepper to come to Nappi's aid, especially after they just talked about Flood as a suspect while waiting for the firemen. This attempt failed and another attempt was made by Joan Pepper, to convenience Nappi. This attempt failed also.