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New jail investigator addresses rumors
By The Daytona Beach News-Journal
Published: 07/18/2006

BUNNELL, FL - Allegations of prosecutorial misconduct by State Attorney John Tanner could become part of an ongoing probe into treatment of inmates at the Flagler County jail, as Jacksonville prosecutor Harry Shorstein assumes control of the investigation.

Shorstein, appointed by the governor in late June to replace Tanner in the jail probe, staged a Friday morning press conference at the Flagler County Courthouse to quell community rumors that law enforcement within the county was ineffective and "out of control" and that there has been "widespread inmate abuse."

Shorstein said he has seen no evidence that law enforcement in the county is less than effective and efficient.

"This county, with this sheriff and the law enforcement officers within the (7th Judicial) Circuit have been well-served," Shorstein said.

But Shorstein said some media reports and radio advertisements placed by a local union may have created a perception that the Sheriff's Office is in disarray. And he said rumors that Flagler County Sheriff Don Fleming was about to be indicted or replaced by the governor are false.

Controversy has been swirling around Tanner and the Flagler County jail since allegations surfaced in April that jail deputies mistreated Tanner's daughter, Lisa Tanner, after her March 2005 arrest. A special prosecutor's investigation into the confinement of Lisa Tanner in a restraint chair led to criminal charges against two jail officers. A separate probe started by John Tanner into cases not involving his daughter resulted in charges against six officers and the jail's former director.

Fleming and the Coastal Florida Police Benevolent Association, the union that represents deputy sheriffs, called for John Tanner to step down from the investigation and asked the governor to investigate Tanner for staging a "witch hunt" because Tanner's daughter was involved. Tanner later withdrew from the case voluntarily to avoid any "appearance of bias or prejudice," Tanner said.

Shorstein addressed tensions between the parties Friday, saying, "This has evolved into a war between the 7th Circuit State Attorney and Flagler County law enforcement."

Shorstein said he will not delve into the Lisa Tanner case because it remains under the jurisdiction of State Attorney Jerry Hill from Polk County. And he declined to comment directly on any of the pending cases against deputies.

Fleming was unavailable for comment after Friday's press conference. But he said Thursday he had spoken with Shorstein and promised to cooperate fully in the investigation. Shorstein said he also met with Tanner as he began the investigation. Tanner was in St. Augustine Friday as lead prosecutor in the Deltona mass murder trial.

Gov. Jeb Bush gave Shorstein three primary responsibilities: to ensure that all matters investigated by Tanner were done fairly; to investigate county law enforcement and the treatment of inmates at the jail; and to assume authority and prosecution in the cases of four corrections officers charged with mistreating two disabled inmates.

Shorstein said the four sheriffs in the 7th Judicial Circuit, including Fleming, asked the governor to look into Tanner's handling of the cases. He said the urging of the police union's leaders to investigate Tanner played no role in the governor's decision.

Shorstein will work with the grand jury empaneled in May by Tanner. He and Assistant State Attorney Mac Heavener will sift through 37 boxes of evidence and interview witnesses in the cases of four officers charged June 14 with abusing two disabled jail inmates. Another officer faces charges she used pepper spray on an inmate who was strapped into a restraint chair. And the former jail administrator is charged with illegally recording conversations in his office.


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