Depress ctrl and + keys together to increase text size; depress ctrl and – keys together to reduce
Today’s fun is the murder of Charles Eimers by Key West Police Department storm troopers last Thanksgiving Day, and the ensuing massive cover up, destruction of evidence, and obstruction of justice, which spans the Key West Police Department, the Florida Department of Law Enforcement, State Attorney Catherine Vogel and her office and the grand jury she convened, and, according to John Donnelly, of Key Largo, the United States Department of Justice.
First today, Key West the Newspaper’s (www.thebluepaper.com) teaser for its breaking news report today on yesterday’s deposition of Key West Police Chief Donie Lee in the federal court lawsuit filed by lawyers representing the sons of Charles Eimers, followed by reader comments to that article.
** BREAKING NEWS **
A wrecking ball crashed through the City’s defense to the Eimers police brutality case on Friday. At a scheduled deposition Chief Lee was expected to provide bureaucratic information about the City’s procedures and policies in the wrongful death case filed by the Eimers family against the City of Key West and 13 police officers.
But instead he spent over two hours freefalling into a seemingly endless pit opened by allegations of “perjury” committed by his officers. At issue was the surprise new bystander video that showed up this week from Colombia. Unlike the first video, it shows Eimers arrest all the way to the point of his death. A fact that turns out to be devastating to the somewhat creative and more favorable stories cooked up by some of the officers.
“Sir, we’ve gone to the trouble, in preparation for various motion practice,” said attorney Robert McKee, “of taking every question and answer of your officers who were under oath and every time their answers were not what the video showed. There are pages and pages of it”…. and down we went. […full article]
7 COMMENTS ON “NOWHERE TO RUN: NEW VIDEO DEVASTATING TO KWPD CREDIBILITY”
Next today, the blue paper teaser for the article breaking the second video, followed by reader comments, which grew in number, interest and intensity after I published the reader comments to that article in yesterday’s evolution of the species in paradise, Key West comedy hour variations post at www.goodmorningkeywest.com.
Colombia! The missing iphone video of Charles Eimers’ death was in Colombia!
“Once we had the phone number,” says Darren Horan, it took less than 48 hours to get a copy.” He is one of the five lawyers representing Charles Eimers’ family in a suit against the City of Key West and 13 police officers who were involved in the fatal arrest of the 61-year-old tourist, Charles Eimers, last Thanksgiving.
On November 28, 2013, while KWPD officers were busy arresting Eimers on South Beach, a couple from Colombia was filming the incident with their iphones. Nearly a year ago the first bystander video went viral and shattered the initial official police version of events describing an old man running away from police on the beach and collapsing due to a sudden heart attack. But in that video, aside from the controversy it raised about police action, there was one nagging detail: an unknown man was shown also filming the incident. But no one could ID that second tourist. […full article]
20 COMMENTS ON “EIMERS DEATH-IN-CUSTODY UPDATE: MISSING VIDEO SURFACES”
Next today, is the blue paper’s announcement of the Thanksgiving Day candlelight memorial for Charles Eimers at the scene of the murder, followed by my submitted reader’s comment.
Gweko Phlocker has organized a Candlelight Memorial to honor Charles Eimers and his family on the one year anniversary of his death [Thanksgiving Day]. The event will begin at 6:00 pm at South Beach [at the foot of Duval Street] where Mr. Eimers died. Here is a link to the facebook event.
On Tue, Nov 18, 2014 at 9:02 AM, Joshua Eimers wrote to Gwecko Phlocker:
“I’m the youngest son of Charles Eimers. I wanted to reach out to you to say thank you for organizing this. Although my family and I won’t be there in person we’ll be there in spirit. As will Charles John. I myself am just not ready emotionally to attend. I’m welling up as I type this to you. My father was a great man who impacted countless lives. One of the most selfless and caring people that I had the pleasure of calling dad. He’s dearly missed by many. Thanks again for doing this it means a lot to us that our father’s death hasn’t been simply forgotten. Our wounds are still fresh. Thanks and God Bless.” ~ Joshua Eimers [from Facebook Event page] ………………. click ‘full article’ to comment [or view comments]
After I saw Naja Girard had deleted my comment, I sent in this comment.
Next today is today’s Key West Citizen (www.keysnews.com) report on the depositions.
Saturday, November 22, 2014
Video shows Eimers bleeding from ear
Police chief deposed by family’s lawyers Friday
BY GWEN FILOSA Citizen Staff
Key West police went out of their way to avoid collecting evidence in the Charles Eimers case, including a newly discovered video that shows his face coated in sand and blood smeared over his ear, attorneys for the dead man’s family said Friday.
The attorneys said they tracked down the video, taken by a bystander, in one day while police had a year to reach the photographer on a telephone number included in police reports.
During a series of depositions taken by the family’s attorneys Friday, held at the Old Town offices of Horan, Wallace and Higgins, one frame from the new six-minute video was held up on posterboard often.
The image is a close-up of Eimers’ sand-covered face. His right ear appears torn and clearly bloody.
“What caused Mr. Eimers’ inner ear to bleed?” attorney Robert McKee, representing the dead man’s family, asked Police Chief Donie Lee at one point during a deposition taken Friday.
“I don’t know,” Lee replied.
In depositions taken by the lawyers representing the Michigan man’s family, Lee and three officers were accused of “covering up” the incident, which started with a traffic stop last Thanksgiving morning and ended with Eimers being taken off life support six days later.
On Nov. 28, 2013, Eimers, 61, was held facedown on the sand of South Beach after leading police on a slow-speed car chase through Old Town that ended when he ran out of pavement at the edge of Duval Street.
The county medical examiner ruled the death accidental, attributing it to Eimers’ weak heart and poor condition overall. And a grand jury cleared all 13 officers named in the pending federal lawsuit filed by the man’s children.
But the wrongful death suit remains pending at U.S. District Court.
A jury trial is scheduled for April 6.
This week, Key West attorney Darren Horan released to reporters a second video taken by a bystander watching a band of police officers restrain Eimers that morning. Eimers surrendered to police, dropping to his knees and lying facedown on the sand, another video shows.
But in the second video, which police saw for the first time Thursday, Eimers is seen making hardly a move as officers hover over him.
Police maintain that Eimers was kicking and resisting being handcuffed. At some point he turned blue, police reports say, and officers turned him over.
The new video shows that it was more than one minute before police began applying life-saving measures. Paramedics reported that they arrived to find a man without a pulse on the beach.
Eimers’ family authorized hospital staff to take him off life support Dec. 4.
The new video of the Eimers takedown, taken by a visitor to Key West, shows the man’s face caked in sand while he lays motionless on his back while several officers hover over him.
In depositions taken this month, all but two of the officers involved testified that Eimers had no sand on his face.
“Were they all just lying?” McKee, of Weston, asked Lee of the officers who worked the Eimers scene.
“I don’t agree with that,” Lee replied. “I don’t agree that most of what they said didn’t happen.”
McKee deposed Lee, Sgt. Joe Trippe, who leads internal affairs, and Officer Richard Thomas, a field training officer, on Friday. Court reporters documented the sworn statements with a video camera along with one reporter repeating every word into a recording device.
Trippe said Eimers’ death falls under the definition of an in-custody death but doesn’t reach the level of a deadly force case.
McKee spent hours pointing out discrepancies in what officers have recalled in depositions and what the new videotape shows.
One officer has testified that Eimers was “sitting up” at one point, which never happened and another talked about police pulling the man to his feet, which the video shows never took place.
“It’s not what we see on the video,” McKee told Lee.
“Bob, please lower your voice,” said the city’s attorney, Michael Burke, from across the table in a small conference room crowded with 14 people at one point.
“You’re an honorable man but you’re in charge of them, right?” McKee asked Lee.
The two trial attorneys clashed earlier during the deposition of Trippe. Burke stood up and looked around the room saying he didn’t see a jury in the room.
McKee said a jury could view the videotaped depositions.
“Yes, the jury is here and I hope they are listening,” McKee said.
“You’re not going to see a jury in this case,” Burke replied.
McKee said he had taken on Exxon and other corporations.
“I’m after the officers as well as justice for my client,” McKee said, then asked for the group to take a break.
Trippe told McKee there was no “cover up,” when the phrase was tossed at him during questioning.
McKee said every deposition taken of a Key West police officer involved in the Eimers case includes “fabricated” claims, amounting to “fiction.”
“It’s pages of false statements under oath,” McKee said.
Key West police didn’t know Eimers had died at Lower Keys Medical Center on Dec. 4, six days after the beach arrest. The detective in charge failed to keep tabs on the suspect.
Lee and the rest of the police department learned Eimers was dead on Dec. 11.
“Is that because of incompetence of your department?” McKee asked the chief.
Lee replied, “Yes.”
Taser accusations fly
Three witnesses interviewed by police that day said they saw police use a Taser stun gun on Eimers while he was lying flat on the beach, McKee said.
On the newly released video, an unknown man’s voice can be heard asking the person taping the scene, “Did you get them Tasing him?”
The same man asking the question then makes a sound imitating the buzzing of a stun gun.
Officer Kathyann Wanciak, who was deposed last on Friday, said she saw Officer Gary Lee Lovette place a Taser on Eimers’ back but said he did not use it.
Wanciak also said she didn’t see the blood on Eimers’ ear that day. Police reports include the mention of blood getting on an officers hands. All officers wore blue latex gloves during the Eimers takedown, the video shows.
McKee accused Lovette of using the Taser on Eimers’ ear.
“It turns out there was no Taser ever used,” Chief Lee said.
“Oh, we’ll get to that,” McKee replied.
McKee argued that Lovette left his Taser on throughout the rest of the day after the Eimers incident in order to erase anything recorded while he was handling Eimers.
Lovette is recorded on the Taser saying Eimers was very strong and was “fighting” the officers or “beating the s— out of six of us,” FDLE reported in its report which found officers acted appropriately.
Lovette is also recorded on the Taser saying, “Me? I dropped like a f—ing bomb on his head,” and at one point said, “We just killed someone.”
Lovette is the only officer named in the lawsuit who has retained his own attorney, Lyman Reynolds, based in West Palm Beach.
Attorney Andrea Amigo represented the firm on Lovette’s behalf on Friday.
As I wrote to the blue paper this morning, I am glad to see the Citizen is not turning a blind eye like the city mayor and city commissioners and city manager are doing. I hope the Citizen now will aggressively go after the cover up, destruction of evidence and obstruction of justice by Chief Lee, his officers, the Florida Department of Law Enforcement, and State Attorney Catherine Vogel and the two assistant state attorneys she assigned to dupe the grand jury. I personally think the grand jury was in on the cover up. I think the grand jury did what it wanted to do, instead of what it was required to do. What the grand jury wanted to do was whitewash this case and let the police officers off, because they believed Charles Eimers was homeless. Thus believing, they behaved like good Nazis should behave, at depicted in Arnaud Girard’s editorial “cartoon”.
Last in today’s fun house is the blue paper teaser on the FDLE special investigator Kathy Smith article, followed by juicy reader comments.
The Blue Paper reported last week that Agent Kathy Smith and her ex-husband Scott Smith [at the time a Police Captain employed by KWPD] appeared to have signed a false affidavitassociated with an advantageous mortgage. They borrowed $ 461,500 on a house they had purchased in 2004 for $ 132,500. The home is now in foreclosure. In the affidavit the Smiths swore to the lender that they had been “continuously married” even though they had divorced four months previous.
Special Agent Kathy Smith was the lead investigator in the death of Charles Eimers. FDLE’s failure to secure Eimers’ body for autopsy, to return calls to witnesses volunteering information and to collect and protect crucial evidence, made the investigation ever more controversial. […full article]
7 COMMENTS ON “KATHY SMITH, FDLE’S LEAD INVESTIGATOR IN CHARLES EIMERS CASE, PUT ON ADMINISTRATIVE LEAVE”
I rather imagine Lady Kali agrees.