. Date: Thu, 11 Feb 2010 20:56:47 -0500 From: Ears <globalear@xxxxxxxxx> Reply-To: netgold-owner@xxxxxxxxxxxxxxx To: netgold@xxxxxxxxxxxxxxx Subject: [netgold] Rosewood Redux, and Other Florida Law Enforcement Problems, Possible Solutions Dwight Hines, Ph.D. IndyMedia 1523 State Road 13 St. Johns, Florida 32259 February 8, 2010 Dean Register, Assistant Inspector General Office of Inspector General Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 410-7225 Dear Mr. Assistant Inspector General Register: Thank you for your prompt email of December 1, 2009. After your letter, we had good progress toward obtaining the requested records, with some of the slow downs due to our schedule keeping us from getting to Tallahassee. We were able to review and examine the documents and they were helpful. I am concerned about all of the misplaced or lost maps and sketch of the Rosewood areas. I am also concerned that the original documents are not in the State Archives, or at least a copy of them. At this time, I feel that, although the record is impressive in the detail in showings the FDLE agents did meet and talk with a number of witnesses and with one journalist in detail, the investigation was inadequate because of a number of shortcomings that were inappropriate even in 1995. First, although the agents did discuss bringing in an outside expert on archaeology, that never occurred so the areas reported by witnesses as mass graves were never gridded, explored with metal detectors, or even used to obtain core soil samples. Similarly, experts in botany were never contacted to determine if there were foliage differences between the putative mass grave areas and the surrounding areas in plant types or abundance. No experts were consulted on ecology or aerial photography in the federal or state departments of Agriculture. No experts were asked, and no professional or academic literature cited in sociology to support the claims of how many Afro-American people were likely in Rosewood when the shooting started. Because of the large cultural differences between the Afro-American and white communities at that time, it is an error to assume that living quarters were used by the same people who are listed on official records and that official records and witness recollections were accurate estimates. It doesn?t make much sense that witnesses are considered credible for estimating number of people in a household, but were not credible for locations of mass graves. From the records currently held by FDLE, it appears that an inordinate amount of time was spent corresponding with a journalist who was not an expert in any of the areas ignored, although he did support their arguments for there not being enough people missing to require the existence of a mass grave. One cannot help but sense that the investigators were more concerned about satisfying the specific journalist and others in the media than they were in actually locating mass graves. Second, the shallow ? it never literally went below the surface of the ground ? investigation by FDLE of Rosewood would not be nearly as much of a concern today if FDLE were not actively investigating chronic, serious civil rights violations against Afro-Americans. Race based driver profiling is a double harm to Afro-Americans because of the increase in insurance costs with ticketed violations. (Heen, Mary. ?Ending Jim Crow Life Insurance Rates?, Northwestern J. Law and Social Policy, 4, Fall 2009). In addition, long-term, blatantly biased hiring practices by city and county governments (You can count the number of Afro-American firefighters and sheriff?s deputies on one hand in St. Johns County and you need no hand for fingers to count the Afro-Americans employed by the City of St. Augustine fire and police departments) have continued with what appears to be complete impunity for a number of city and county governments in Florida. Finally, there are substantive and statistically significant factual bases to show that there are residuals of the ku klux klan active in a number of Florida communities that are based more on fear of illegal immigrants than on Afro-Americans, with the irony being that there are a few Afro-Americans who are supportive of the old klan methods. For the FDLE to claim they do not know of these groups and to ignore the reality these groups perpetuate of witness tampering and obstruction of justice, more than strains belief, it depicts FDLE as supporters of these groups. The repeated destruction of the historical marker at Rosewood by persons unknown because the crimes are not investigated is a fact, a terrible fact not only because the damage is in the thousand of dollars but because the crimes are seen by all who live there as solid evidence that the racists are above the law, and that law enforcement personnel are cowards. Rosewood investigation needs to be reopened using methods available in 1995 and valid and reliable methods used today. I do not recommend FDLE be involved in the investigation for the reasons given above ? they still haven?t and likely will not deal with current issues of environmental justice, driver profiling, discriminatory hiring practices, fraudulent court documents (including authentication), white collar crimes (see attached letter), and harmful vigilante activities that cross county lines. Therefore, FDLE is more than likely not capable of doing the thorough job needed to obtain closure in the Rosewood case. However, a complete investigation could be used to teach FDLE investigators how to use a number of investigative techniques that are valid, reliable, practical, and generalizable. *Recommendations* 1) Petition the National Academy Sciences to Comprehensively Review All FDLE training, hiring and investigative practices and performances, including current FDLE geographical divisions of Florida, as well as current interstate agreements with other law enforcement agencies over the past three years ? to be completed within 24 months. 2) Request that a combined Universities project, including the legal, scientific, and academic criminal justice communities prepare and execute a thorough ?sound science? investigation, including consultation with experts from Israel, South America, and the United Nations on mass grave locations within the next 24 months. 3) An in depth review by the Department of State on the transmission of records, historically important records, to the State Archives from FDLE to determine what changes need to be made to the Florida Administrative Rules to insure that historically important documents are not lost or destroyed. 4) Appoint a multicounty, multi-FDLE-region task force to determine empirically -- using generally accepted scientific methods ? the extent of racial profiling (Afro-American, Seminole Indian, Hispanic) in Florida by county and by town or city for the past three years. 5) Appoint a multicounty, multi-FDLE-region task force to determine empirically -- using generally accepted scientific methods ? the extent of lost and fraudulent documents filed in Florida State and County Courts for the past five years and what racial biases exist, if any, in the preservation and proper placement of the documents. 6) Appoint a multicounty, multi-FDLE-region task force to determine empirically-- using generally accepted scientific methods ? the extent of racially biased hiring practices by police, sheriff, and fire departments in the cities, towns, counties, regional, and state government agencies for the past 3 years. 7) Appoint a multicounty, multi-FDLE-region task force to determine empirically -- using generally accepted scientific methods ? the extent of vigilante activity in cities, towns, and counties for the past 3 years, focusing on witness tampering, obstruction of justice, automobile insurance fraud, vehicular injuries, and mortality rates by age (14-25 y.o.; 60 y.o and older) and activity (anti- and neutral) groups. I will make a request of the Department of State for a Rule Change to require, at the least, that copies of historical records be transferred to the State Archives from FDLE within a reasonable period of time, or within less than 3 years of the last witness being interviewed, with specific penalties for failure to comply. Dwight Hines Attached: Copy of letter to St. Johns County Board County Commissioners about multiple frauds by PBS&J. Copy: IndyMedia Department of State, Florida .