My reply to Assistant Attorney General Wilson

I've pasted in below my May 22, 2009 email reply to Assistant Attorney General Wilson's May 13, 2009 reply to my charges. This is the reply that the Attorney General's Office referenced in their email reply that I posted yesterday.

Dear Assistant Attorney General Wilson,

Thank you for your reply. Are you telling me that although I notified both you and Attorney General Bill McCollum of my charges of criminal misconduct by Florida law enforcement and a publicly regulated utility that neither one of you is legally required to forward my charges to someone that can address them? I didn’t ask the OAG to investigate my charges, but rather I only reported them to the Attorney General. Coincidentally,Jamie McLaughlin, the top cop that I charged with official misconduct suddenly and unexpectedly resigned the day after the USPS confirmed delivery of my letter to the FL OAG. Apparently, he may have believed that the FL OAG would do something.

The FDLE OIG has an inherent conflict of interest in investigating my charges. Kim Likens from the Governor's OIG left a message to call her. Ms. Likens told me that her boss, Dawn Case, wanted her to call me and tell me that she had forwarded my letter to the Governor regarding my charges to FDLE IG Al Dennis. Ms. Likens said that this matter belongs with the FDLE. FDLE OIG Inspector Keith Wilmer called me a short time afterwards. Inspector (Criminal Investigator) Wilmer said that his call was in response to an email (from Dawn Case) to FDLE IG Dennis and that he didn't know anything other than that or about my letter to then Gov. Bush. FDLE OIG Criminal Investigator Dennis lied. Inspector Wilmer said that he was calling about an email that he received from IG Dennis regarding a law enforcement tracking device. Criminal Investigator Wilmer denied that he had any other prior knowledge of my complaint. Mr. Wilmer then proceeded to quote verbatim my correspondence to Gov. Bush and others, indicating a prior knowledge. When Mr. Wilmer's conversation grew increasingly silly, I asked him if there were any Florida law enforcement bugs on the utility poles servicing the house and grounds. Wilmer said that he didn't know. Besides being expensive, these electronic surveillance
devices are serialized and inventoried. A simple accounting will prove my charges, as well as some evidence and testimony that the FDLE and State Attorney’s office withheld in my neighbors’ drug trial.

Regarding your suggestion that I request that Governor Crist appoint a “special prosecutor” outside the 14th Judicial District: Doesn’t the state attorney of that Judicial Circuit have to request to be excused? Considering that State Attorney Hess refuses to reply to my Florida Public Records Request, isn’t it silly to expect this same state attorney to request to be excused or allow a truly independent “special prosecutor” to investigate my charges? Considering that State Attorney Hess has refused to respond to my Public Records Request, I find it unlikely that he would agree to the voluntary mediation that you suggested. I’m asking you the following question in your official position of Assistant Attorney General: Is State Attorney Hess’ refusal to respond to my Florida Public Records
Request an impeachable offense?

Regarding your suggestion that I consult a private attorney: I have suspicions that those private attorneys that were involved in this matter were tampered with, and, furthermore, no licensed attorney who wishes to continue practicing law in Florida will even talk to me following the initial contact.

Again, thank you for your reply and suggestions. If you have any
questions or concerns, please feel free to contact me, so that we can
resolve this matter. Thank you.

Sincerely,
Joe Keegan

From Attorney General Bill McCollum

I received the following reply to my email to the Assistant Attorney General from the the Attorney General's Office:

From Attorney General Bill McCollum
AG <.@myfloridalegal.com> Tue, May 26, 2009 at 1:03 PM
To: joe.keegan@gmail.com
The Office of Attorney General Bill McCollum has received your email responding to this office’s earlier email of May 13, 2009.

This office is precluded by law from providing legal advice or opinions to private individuals. Thus, this office suggested that you may wish to consult a private attorney who would be able to provide you with the legal advice this office is precluded from offering. In an effort to be of assistance, however, this office attempted to provide you with information as to whom you might contact on this matter.

In addition, as this office noted in its previous email, the Governor, under part II of chapter 27, Florida Statutes, has the authority to issue executive orders assigning 'special prosecutors,' which are state attorneys assigned to handle criminal matters outside of their particular circuits. As to information regarding the exercise of that authority, you should contact the Governor’s Office. I would note, however, that in authorizing the Governor to appoint a special prosecutor, section 27.14, Florida Statutes, provides that if a state attorney is "disqualified to represent the state in any investigation, case, or matter pending in the courts of
his or her circuit or if, for any other good and sufficient reason, the Governor determines that the ends of justice would be best served, the Governor may, by executive order filed with the Department of State, either order an exchange of circuits or of courts between such state attorney and any other state attorney or order an assignment of any state attorney to discharge the duties of the state attorney with respect to one or more specified investigations, cases, or matters, specified in general in the executive order of the Governor." (e.s.)

As this office noted, the mediation program operated by this office is voluntary only and both sides must agree to participate. This office has no authority under the statutes to compel an agency to agree to mediation.

Article III, section 17, Florida Constitution, sets forth the officers subject to, and procedures for, impeachment, providing in subsection (a):

“The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office. The house of representatives by two-thirds vote shall have the power to impeach an officer. The speaker of the house of representatives shall have power at any time to appoint a committee to investigate charges against any officer subject to impeachment.”

Wilful violations of the Public Records may constitute a criminal violation. As stated in the Government in the Sunshine Law Manual (an abridged edition of which is available online at: http://www.myfloridalegal.com/sun.nsf/manual),

“Criminal penalties

Section 119.10(1)(b), F.S., states that a public officer who knowingly violates the provisions of s. 119.07(1), F.S., is subject to suspension and removal or impeachment and commits a misdemeanor of the first degree, punishable by possible criminal penalties of one year in prison, or $1,000 fine, or both. See State v. Webb, 786 So. 2d 602 (Fla. 1st DCA 2001) (s. 119.10[2] authorizes a conviction for violating s. 119.07 only if a defendant is found to have committed such violation "knowingly,"; statute cannot be interpreted as allowing a conviction based on mere negligence). And see s. 119.10(1)(a), F.S., providing that a violation of any provision of Ch. 119, F.S., by a public officer is a noncriminal infraction,
punishable by fine not exceeding $500. Cf. s. 838.022(1)(b), F.S. (unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to conceal, cover up, destroy, mutilate, or alter any official record or official document or cause another person to perform such an act).

A state attorney may prosecute suits charging public officials with violations of the Public Records Act, including those violations which may result in a finding of guilt for a noncriminal infraction. AGO 91-38.”

Moreover, as noted in the manual:

“When a method for removal from office is not otherwise provided by the Constitution or by law, the Governor may suspend an elected or appointed public officer who is indicted or informed against for any misdemeanor arising directly out of his or her official duties. Section 112.52(1), F.S. If convicted, the officer may be removed from office by executive order of the Governor. Section 112.52(3), F.S. A person who pleads guilty or nolo contendere or who is found guilty is, for purposes of s. 112.52, F.S., deemed to have been convicted, notwithstanding the suspension of sentence or the withholding of adjudication. Id. Cf. s. 112.51, F.S., and Art. IV,
s. 7, Fla. Const.”

Thank you for contacting the Attorney General’s Office.

From FL AG Bill McCollum

AG <.@myfloridalegal.com> Wed, May 13, 2009 at 2:35 PM
To: joe.keegan@gmail.com
The Office of Attorney General Bill McCollum has received your email
regarding your complaint against the Florida Department of Law Enforcement
and the state attorney’s office.

I must advise you that the Attorney General has no legal authority to
investigate the actions of law enforcement officers as they pursue their
official duties. You may wish to voice your concerns to Florida Department
of Law Enforcement's Office of Inspector General at:

Office of Inspector General
Florida Department of Law Enforcement
Post Office Box 1489
Tallahassee, Florida 32302-1489
Telephone: (850) 410-7225

The Office of Inspector General is established to provide a central point
for coordination of and responsibility for activities that promote
accountability, integrity, and efficiency in government. If you believe
that a criminal violation has occurred, it is the responsibility of the
state attorney to prosecute. This office does not have jurisdiction over
the actions of the state attorney. The state attorneys are independent
constitutional officers; they are not a part of the Attorney General’s
Office and this office has no authority over the prosecutorial decisions
made by such officers. I would note, however, that the Governor, under
part II of chapter 27, Florida Statutes, has the authority to issue
executive orders assigning 'special prosecutors,' which are state attorneys
assigned to handle criminal matters outside of their particular circuits.
See section 27.14, Florida Statutes, which provides that if a state
attorney is "disqualified to represent the state in any investigation,
case, or matter pending in the courts of his or her circuit or if, for any
other good and sufficient reason, the Governor determines that the ends of
justice would be best served, the Governor may, by executive order filed
with the Department of State, either order an exchange of circuits or of
courts between such state attorney and any other state attorney or order an
assignment of any state attorney to discharge the duties of the state
attorney with respect to one or more specified investigations, cases, or
matters, specified in general in the executive order of the Governor." And
see section 943.03(2), Florida Statutes, which states that “[u]pon specific
direction by the Governor in writing to the executive director, the
department [of law enforcement] shall investigate the misconduct, in
connection with their official duties, of public officials and employees
and of members of public corporations and authorities subject to suspension
or removal by the Governor.” The contact information for the Governor's
Office is:

Executive Office of the Governor
PL-05 The Capitol
Tallahassee, Florida 32399-0001

As to your complaints about your attempts to obtain public records, it is
the local state attorney, not the Attorney General, who is responsible for
prosecuting violations of the public records law. Since your complaint is
with the state attorney’s office, you may wish to contact the Governor’s
Office on this matter. As noted above, the Governor has the authority to
appoint a special prosecutor when a state attorney has a conflict of
interest.

While this office has no specific enforcement authority over the public
records law, we do operate an informal mediation program to assist in
obtaining records. The program is voluntary and all sides must agree to
consider mediation if the program is to be initiated. It is not intended to
serve as a forum for determining whether an agency has or has not violated
the law. If you are interested in participating in the voluntary mediation
program, please contact Anna Phillips, Mediation Coordinator, at the
following address: The Office of the Attorney General, PL-01, The Capitol,
Tallahassee, Florida 32399-1050; telephone (850) 245-0140; email:
anna.phillips@myfloridalegal.com We will need a list of the records you
have requested and to whom the request was made. We will then contact
those agencies to determine whether they wish to participate in mediation.

You may also wish to consider consulting a private attorney if you need any
legal advice. A private attorney would be able to provide you with the
legal advice this office is precluded from offering. If you do not know an
attorney, The Florida Bar offers a Lawyer Referral Service, which you may
contact toll free at (800)342-8060, or by mail at 651 East Jefferson
Street, Tallahassee, Florida 32399-2300.

Thank you for contacting the Attorney General’s Office.

Joslyn Wilson
Assistant Attorney General