Transcript Office of Paula S. O’Neil Clerk & Comptroller Pasco County, Florida Evidence Handling and Management New Clerk Academy February 28, 2013

Office of Paula S. O’Neil
Clerk & Comptroller
Pasco County, Florida
Evidence Handling and
Management
New Clerk Academy
February 28, 2013
Presenters
Honorable Paula S. O’Neil, Ph.D.
Pasco Clerk & Comptroller
Nichole Alvarez-Sowles, Esq.
Chief Operations Officer
Manny Long, M.S.
Director of Records
Pasco County Clerk & Comptroller
Agenda
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Introduction
Chain of Custody
Exhibits
Storage
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Disposal
Destruction
Safety and Security
Preserve and Protect
Pasco County Clerk & Comptroller
Introduction
James Bain Exonerated
After 35 Years
Behind Bars
Pasco County Clerk & Comptroller
Introduction
Importance of Objectivity
Pasco County Clerk & Comptroller
Introduction
Evidence Handling and
Management Authority
• Florida Rules of Judicial Administration
• Florida Statutes
Pasco County Clerk & Comptroller
Introduction
Clerk’s Role
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How does the Clerk receive evidence?
Pasco County Clerk & Comptroller
Introduction
Evidence
• A perceptible thing that tends to establish
or disprove a fact, including testimony,
documents, and tangible objects.
Black’s Law Dictionary
Pasco County Clerk & Comptroller
Introduction
Progression of Evidence
Civil – Circuit & County
• Collected by plaintiff, defendant, and/or their
attorney(s)
• Admitted by them in court
• Maintained by the Clerk’s office once admitted
Pasco County Clerk & Comptroller
Introduction
Progression of Evidence
Criminal – Circuit & County
• Collected by law enforcement during
investigations
• Used/admitted by State Attorney
• Maintained by the Clerk’s office once admitted
Pasco County Clerk & Comptroller
Chain of Custody
Definition
• “Chain of Custody” definitions:
– The movement and location of real evidence
from the time it is obtained to the time it is
presented at court (Black’s Law Dictionary).
– Witnessed, written record of all individuals who
have maintained unbroken control over the
evidence since its acquisition (FDLE).
Jury determines guilt/innocence based upon the
evidence.
Pasco County Clerk & Comptroller
Chain of Custody
Clerk’s Role
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Document Evidence Transferred to Clerk
– Mark each item of evidence for identification
– Identify party who admitted the evidence
– Record date and time that evidence was admitted
– Record name of Deputy Clerk
– Identify case number
– Include a detailed description of each item
Pasco County Clerk & Comptroller
Chain of Custody
Safeguards
• Limit the number of individuals who handle
evidence.
• Insure that individuals who handle evidence affix
their names to all Chain of Custody Documents.
• Obtain signed receipts as evidence is transferred.
• Dual verification of all items received for storage.
Pasco County Clerk & Comptroller
Chain of Custody
Exhibit Labels
Pasco County Clerk & Comptroller
Chain of Custody
Evidence Tracking
Pasco County Clerk & Comptroller
Chain of Custody
Barcode Identification
Pasco County Clerk & Comptroller
Chain of Custody
Evidence Transfer Sheet
Pasco County Clerk & Comptroller
Exhibits
Rules, rules, rules…
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Fla. R. of Jud. Adm. 2.420 Public Access to
Judicial Branch Records
 2.420 (b)(1)(A) defines Court Records to
include documentary exhibits
 Committee Notes:
–The word “exhibits”...is intended to refer
only to documentary evidence and does
not refer to tangible items of evidence such
as firearms, narcotics, etc.
Pasco County Clerk & Comptroller
Exhibits
…More Rules
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Fla. R. of Jud. Adm. 2.430, Retention of Court
Records
– 2.430 (a)(1) also defines Court Records to
include documentary exhibits
Pasco County Clerk & Comptroller
Exhibits
Two Categories
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Civil Exhibits
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Criminal Exhibits
Pasco County Clerk & Comptroller
Exhibits
Civil
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Fla. R. of Jud. Adm. 2.430 (f)(2)
– Clerk shall retain for 90 days after a
judgment has become final
– Clerk may destroy/dispose after providing
30-day notice – shred/incinerate
– Exhibits shall be delivered to any party or
attorney of record calling for them during the
30-day time period
Pasco County Clerk & Comptroller
Exhibits
Final Judgment
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Fla. R. of Jud. Adm. 2.430 (a)(2)
– (A) when a final order, final judgment, final docket
entry, final dismissal, or nolle prosequi has been
entered as to all parties, no appeal has been taken,
and the time for appeal has expired; or
– (B) when a final order, final judgment, or final docket
entry has been entered, an appeal has been taken,
the appeal has been disposed of, and the time for any
further appellate proceedings has expired.
Pasco County Clerk & Comptroller
Exhibits
Criminal
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Fla. R. of Jud. Adm. 2.430(f)(1)
– Exhibits in criminal proceedings shall be
disposed of as provided by law.
Pasco County Clerk & Comptroller
Storage
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Store in original packaging
Verify stickers, tags, and evidence sheets
Segregate evidence in death sentence cases
Segregate & store biohazards on bottom shelves
Refrigeration/freezer may be necessary
Pasco County Clerk & Comptroller
Storage
Evidence Rooms
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Dual-control vault – weapons, drugs, & cash
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Audits/Inventories – full audit every 6 months and
monthly random sampling
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Access to rooms – manual log, electronic device
Climate controlled & fire suppression system
Numbering systems – shelves, boxes, & storage
areas
Pasco County Clerk & Comptroller
Storage
Evidence Examples
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TCPalm
– Unique Evidence
– Security
– Rules
Pasco County Clerk & Comptroller
Storage
Evidence Preparedness
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Tampa Bay Times
– Evidence
– Audit Tools
– Safety
Clerk’s role is a legal responsibility
and a solemn obligation.
Pasco County Clerk & Comptroller
Storage
DNA Evidence
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§ 925.11(4)(a), F.S. - Post sentencing DNA
testing
– The clerk shall maintain any physical
evidence in the event the court orders a post
sentence DNA test
Pasco County Clerk & Comptroller
Disposal
Types of Evidence Dispositions
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Return to owner
Sale/auction
Diversion to local government
Destruction
Pasco County Clerk & Comptroller
Disposal
Physical Evidence
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§ 925.11(4)(b)
– Death penalty case - maintain evidence for 60
days after execution of the sentence
– All other cases - dispose
evidence once term of sentence
expires (unless provided
differently by another law or rule)
Pasco County Clerk & Comptroller
Disposal
Process
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Once items are ripe for disposal, Clerk should
notice the State Attorney, seizing agency, and
defense counsel and provide list of items/case
numbers
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Approval received or objection period expired Clerk should petition the court for an Order
Authorizing Disposal/Destruction of Evidence
Pasco County Clerk & Comptroller
Disposal
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Unclaimed Evidence
§ 705.105, F.S. - Procedure regarding
unclaimed evidence.
– Unclaimed tangible personal property in the
custody of the Clerk from a criminal
proceeding, permanently vests in the law
enforcement agency 60 days after conclusion
of the proceeding.
Pasco County Clerk & Comptroller
Disposal
Firearms and Weapons
• Disposed of by Sheriff
– § 790.08, F.S. - Taking possession of weapons
and arms; reports; disposition; custody
– Florida Contraband Forfeiture Act – if used for
illegal purposes, seized, and forfeited
– Ch. 705, Florida Statutes
Pasco County Clerk & Comptroller
Disposal
Gambling Devices
• § 849.18, F.S. - Disposition of machines
upon conviction
Pasco County Clerk & Comptroller
Disposal
§ 849.18, F.S. - Gambling Devices
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The court shall issue an order declaring the
device forfeited and directing the Sheriff to
destroy it.
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The order shall state the time, place and manner
in which the device shall be destroyed.
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The Sheriff shall destroy the
device in the presence of the
Clerk.
Pasco County Clerk & Comptroller
Disposal
Drug Paraphernalia
§ 893.145, F.S. defines
“Drug Paraphernalia”
Pasco County Clerk & Comptroller
Disposal
§ 893.12 Contraband;
Seizure, Forfeiture, Sale.
• Contraband is subject to seizure and confiscation
• Court shall order the contraband
forfeited and destroyed
• Law enforcement shall destroy, document
destruction, and submit report to court
• Florida Contraband Forfeiture Act – vessels, vehicles,
aircraft, real property, etc.
Pasco County Clerk & Comptroller
Disposal
Unclaimed Monies
• § 43.19, F.S. - Money paid into court;
unclaimed funds
– Monies deposited on a case (adjudicated or
not in dispute) that remains unclaimed for 5 or
more years
– The court shall direct the money be deposited
with the CFO to the credit of the State School
Fund (on or by December 1 of each year)
Pasco County Clerk & Comptroller
Disposal
§ 116.21, F.S. Unclaimed Monies;
Limitation
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Unclaimed monies may be deposited on or before
September 25th into the fine and forfeiture fund
established under s. 142.01, if:
– Collected/deposited in the course of the Clerk’s courtrelated activities
– Clerk pays to publish a list of unclaimed monies
during the month of July.
– Monies remain unclaimed on or
before September 1st
Pasco County Clerk & Comptroller
Destruction
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Breaking apart, melting, crushing, or otherwise
making unusable prior to discarding
Pasco County Clerk & Comptroller
Destruction
Physical Evidence
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§ 28.213, F.S. - Disposal of physical evidence filed as
exhibits
The Clerk may dispose of physical evidence if
– Held for 3 years
– No appeal or collateral attack is pending or can be
made
Disposal/Destruction
– No monetary value - shall be disposed of as unusable
refuse
– Monetary value - shall be sold and
the revenue placed in the clerk's
general revenue fund
Pasco County Clerk & Comptroller
Destruction
Obscene Material
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§ 847.011, F.S. - Prohibition of certain acts in
connection with obscene, lewd, etc., materials;
penalty
Pasco County Clerk & Comptroller
Destruction
§ 847.011 (7) - Obscene Material
• No right of property
• Motion for disposition of property – By prosecuting
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officer or any claimant
Court shall either:
– Order the Sheriff to destroy the property in the
presence of the Clerk. Certificate of compliance
must be filed by the Sheriff and the Clerk
– Order the property to be returned to the
claimant
Pasco County Clerk & Comptroller
Destruction
Obscene Material
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§ 933.03, F.S. Destruction of obscene prints and
literature
– Items must be safely kept for use as evidence
that are found by an officer in executing a
search warrant, or produced or brought into
court
– Shall be destroyed by
order of the court
Pasco County Clerk & Comptroller
Destruction
Video
Reporter at evidence destruction
Pasco County Clerk & Comptroller
Destruction
Video
Springfield Police Department destroying evidence
Pasco County Clerk & Comptroller
Destruction
Wakulla County
Pasco County Clerk & Comptroller
Destruction
Wakulla County
Pasco County Clerk & Comptroller
Destruction
Pasco County
Pasco County Clerk & Comptroller
Destruction
Pasco County
Pasco County Clerk & Comptroller
Destruction
Pasco County
Pasco County Clerk & Comptroller
Destruction
Pasco County
Incinerator
Pasco County Clerk & Comptroller
Safety and Security
Biohazards
Any solid or liquid waste, which may present
a threat of infection to humans.
Pasco County Clerk & Comptroller
Safety and Security
Training
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Identification
Segregation
Handling
Labeling
Gloves, masks and any other protective materials
etc., waste bags, body fluid clean up kits, blood and
fluid control solidifier, eyewash station, antiseptic
wipes, soap, and water
• “BIOHAZARD” stickers with international symbol
Pasco County Clerk & Comptroller
Safety and Security
24/7 Protection
Pasco County Clerk & Comptroller
Preserve and Protect
• Your obligation is not over until she sings
Pasco County Clerk & Comptroller
Preserve and Protect
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HoumaToday.com
– 7 year Evidence Custodian
– Guilty of 438 Charges
– 10 year prison sentence
DRUGS
THEFT
MALFAESANCE
Pasco County Clerk & Comptroller
Preserve and Protect
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Washington Post
– Selling and distributing guns
– More than 20 guns missing
– Lack of recordkeeping
THEFT
CRIMINAL
MISCONDUCT
Pasco County Clerk & Comptroller
Preserve and Protect
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Federal Bureau of Investigations
– Clerk of Court indicted
– Sold methamphetamine and cocaine
– Narcotics taken from evidence room
– 70 months imprisonment
CONSPIRACY
DRUGS
THEFT
Pasco County Clerk & Comptroller
Preserve and Protect
Video
Evidence Destroyed in Error
Pasco County Clerk & Comptroller
Preserve and Protect
Clerk’s Role
"A public office is a public trust. The people have the
right to secure and sustain that trust."
Art I, § 8, Fla. Const.
Pasco County Clerk & Comptroller
Pasco County Clerk & Comptroller