gov.uscourts.nysd.447706.1328.20
gov.uscourts.nysd.447706.1328.21 giuffre-maxwell
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Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 1 of 19 EXHIBIT A Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 2 of 19 PALM BEACH COUNTY SHERIFF'S OFFICE CENTRAL RECORDS MPTIONS/CONFIDENTIAL C 119.071 (2)( c) Active criminal intellige igative C entification Information (Fingerprints, palm Information C 1rn.071 (2)(e) Confession C ormants C 3E>t,.171 (15) Identity of 911 reports are confidential for period of 60 days after service C 11 ~W71 (2)(d) Surveillance t niques, procedures, an (2)(h)(1) Identity of victim of sexual battery, lewd and inventory of law enforcement resources, policies or ascivious offense upon a person less than 16 years old, child abuse, to mobilization, deployment or tactical operati s sexual offense C 119.071 (2)(1) Assets of crime victim C 985.04(1) Juvenile offender records formation contained in a motor vehicle record 119.071 (5)(a)(5) Social se r telligence/investigative inform ice agency r 39 r C 11 ~3. d) Extra fee if request is voluminous or requires extensive r personnel, technology CERTIFIED GM_00784 TO BE A TRUE COPY RIC L. BRADSHAW, SHERIFF Tracking 16-04-2729 RP 97-002687 Date: 04/25/20 16 Revised 03/04/201 I Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 3 of 19 Date: 4/25/16 ROYAL PALM BEACH POLICE DEPARTMENT Page~ 1 Time: 8:52:07 Offense Report Program: CMS301L Day Of Week . . Tuesday Report Date . : 11/04/97 10:55 Occur From Date: 11/04/97 10:52 Occur To Date : 11/04/97 10:52 Dept Class . . SEX OFFENSE - LEWD AND LASCIVIOUS Street Number WILLOWS, 156 MARTIN CIR City . . , . . ROYAL PALM BEACH, FL 33411 Zone/division Zone Two (2) (So of Okee/E thr Wil) Location Type RES-SNGL FAMILY Case Status . : CLEARED BY ARREST Report Officer: MANCINO, JR, DOMINIC supervisory Emp: HUGHES, THOMAS 11/09/97 Verif. Employee: MANCINO, JR, DOMINIC 11/04/97 Case Status Dt: 11/25/97 ************ CASE MAN AGE MEN T INFORMAT ION******* ****** Case Number . . 1-97-002687 Dept Class . . : SEX OFFENSE - LEWD AND LASCIVIOUS Case Status . : CtEARED BY ARREST Case Status Dt.: 11/25/97 Investigator , . ROBKIN, R. ***ASSIGNMENT HISTORY*** case Number . . 1-97-002687 Investigator . : ROBKIN, ROBERT Dept Unit Supervisor . . .. .. DETECTIVE PERVENECKI, DAVID Assignment Date: 11/04/97 ************* ******** 0 FF ENS E REPORT # l ************** ***** State Class . : Sex Offenses - Incest/Indece nt Exp Attmpt/Comm. itt: Committed Statute/Ordin : 800.04 State Dispo . . Mult UCR Disposition: Cleared by Arrest Exception Clear: ARRESTED ON PRIMARY OFFENSE Arrest Case No.: 1-97-006345 People Arrested: 1 *********P ROPERTY INFORMA TION # 1 ************** ******* Category. . . PROP/EVIDENCE--NO VALUE UCR Prop Type CONSUMABLE GOODS Quantity. 1 Description . : SEAGRAMS VO LIQUOR Value : 1.00 Recovered by . OFC. MANCINO Recovered Date 11/04/97 Property type FOOD/LIQUOR/CONSUMABLE Recovery value 1.00 *********P ROPERTY INFORMA TION # 2 ************** ******* Category . . . SAFEKEEPING UCR Prop Type MISCELLANEOUS Quantity . . . 1 Serial number W/BOOKS, PAPERS AND CLOTHING Description . BOOK BAGS Value . . . . : 1.00 Recovered by . OFC. MANCINO Recovered Date 11/04/97 Property type MISCELLANEOUS Recovery value 1.00 *********P ROPERTY INFORMA TION # 3 ************** ******* Category . . . PROP /EVIDENCE- -NO VALUE UCR Prop Type MISCELLANEOUS Quantity. 4 Serial number BACKYARD OF 156 MARTIN CIRCLE Description . . POLAROID PICTURES Value 1.00 Recovered by . OFC. MANCINO Recovered Date 11/04/97 Property type MISCELLANEOUS Recovery value 1.00 *********P ROPERTY INFORMA TION # 4 ************** ******* CERTIFIED lO BE A TRUE COPY RIC L. BRADSHAW, SHERIFF GM_00785 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 4 of 19 Date: 4/25/16 ROYAL PALM BEACH POLICE DEPARTMENT Page: 2 Time: 8:52:07 Offense Report Program: CMS301L 1-97-002687 (Continued) Category . . . PROP/EVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity. 1 Name . . • . . ADIDAS Description SHOES Value . . . . 65.00 Recovered by OFC. WIKSE Recovered Date 11/04/97 15:25 Property type CLOTHING/FURS Recovery value 65.00 *********P ROPERTY INFORMA TION # 5 ************** ******* Category. . . PROP/EVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity. 1 Description . SOCKS Value 1.00 Recovered by. OFC. WIKSE Recovered Date 11/04/97 15:25 Property type CLOTHING/FURS Recovery value 1.00 *********P ROPERTY INFORMA TION # 6 ************** ******* Category. . . PROP/BVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity . . . 1 Description . . JENCO Value 55.00 Recovered by. : OFC. WIKSE Recovered Date 11/04/97 15:25 Property type CLOTHING/FORS Recovery value 55.00 *********P ROPERTY INFORMA TION # 7 ************** ******* Category. . . PROP/EVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity. 1 Description . : BOXER SHORTS Value 5.00 Recovered by. : OFC. WIKSE Recovered Date 11/04/97 15:25 Property type CLOTHING/FURS Recovery value 5.00 ********* p R OPERTY INFORMA TION # 8 ************** ******* Category . . . PROP/EVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity. 1 Name . . . . . MECCA Description . . T SHIRT Value . . . . 30.00 Recovered by. OFC. WIKSE Recovered Date 11/04/97 15:25 Property type CLOTHING/FURS Rei;.;uvt::.Ly value 30.00 *********P ROPERTY INFORMA TION # 9 ************** ******* Category. . . PROP/EVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity. 1 Name . . . . . : BUSCH Description . : BUSCH T SHIRT Value . . . . 15. 00 Recovered by . OFC. WIKSE Recovered Date 11/04/97 15:25 Property type CLOTHING/FORS Recovery value 15.00 *********PR OPERTY INFORMA TION # 10 ************** ******* Category. . . PROP/EVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity . . . 1 Description . : GREEN/WHITE SHIRT Value 30.00 Recovered by. : OFC. WIKSE Recovered Date 11/04/97 15:20 Property type CLOTHING/FORS Recovery value 30.00 *********P ROPERTY INFORMA TION # 11 ************** ******* CERTIFIED Di r. TO BE A TR UE coov r\l \.., L. BRADSHAW, SHER IFF GM_00786 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 5 of 19 Date: 4/25/16 ROYAL PALM BEACH POLICE DEPARTMENT Page: 3 Time: 8:52:07 Offense Report Program: CMS301L 1-97-002687 {Continued) category . . . : PROP/EVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity. 1 Name . . . . . 26 RBTREDD Description . SHOES Value . . . . 59.00 Recovered by. OFC. WIKSE Recovered Date 11/04/97 15:20 Property type CLOTHING/FURS Recovery value 59.00 *********PROPE RTY INFORMATION # 12 ********************* Category. . . PROP/EVIDENCE--NO VALUE OCR Prop Type CLOTHING AND FURS Quantity. 1 Name . . . . . [\t1AX SPORT Description • PANTS Value . . . . 1. 00 Recovered by . : OFC. WIKSE Recovered Date : 11/04/97 15:20 Property type CLOTHING/FURS Recovery value 1.00 *********PROPE RTY INFORMATION # 13 ********************* Category. . . PROP/EVIDENCB--NO VALUE UCR Prop Type CLOTHING AND FORS Quantity. 1 Description . BOXER SHORTS Value 1.00 Recovered by. OFC. WIKSE Recovered Date 11/04/97 15:20 Property type CLOTHING/FURS Recovery value : 1.00 *********PROPE RTY INFORMATION # 14 ******************** * Category . . . PROJ?/EVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity. 2 Description . : SOCKS Value 1.00 Recovered by. : OFC. WIKSE Recovered Date 11/04/97 14:40 Property type CLOTHING/FURS Recovery value 1.00 *********PROPE RTY INFORMATION # 15 ********************* Category . . . PROP/EVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity. Name . . . . . NIKE Description . . SHOES 2 Value . . . . 90. 00 Recovered by . . OFC. WIKSE Reccverad Date 11/04./97 14:40 Pr oper ty type CLOTHINGiF"uR.s Recovery value 90.00 *********PROPE RTY INFORMATION # 16 ******************** * Category. . . PROP/EVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity . . . 1 Description T SHIRT Value 1.00 Recovered by . OFC. WIKSE Recovered Date 11/04/97 14:40 Property type CLOTHING/FURS Recovery value 1.00 *********PROPE RTY INFORMATION # 17 ********************* Category. . . PROP/EVIDENCE--NO VALUE UCR Prop Type CLOTHING AND FURS Quantity. 1 Description . BOXER SHORTS Value 1.00 Recovered by. OFC. WIKSE Recovered Date 11/04/97 14:40 Property type CLOTHING/FURS Recovery value 1.00 *********PROPE RTY INFORMATION # 18 ********************* CERTIFIED TO BE A TRUE COPY RIC L. BRADSHAW, SHERIFF GM_00787 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 6 of 19 Date: 4/25/16 ROYAL PALM BEACH POLICE DEPARTMENT Page: 4 Time: 8:52:07 Offense Report Program: CMS301L l-97-002687 (Continued) Category . . . PROP/EVIDENCE--NO VALUE UCR Prop Type CLOTHING ~p FURS Quantity 1 Serial number BL/WHT Description CLINCH SHIRT Value . . . . 25.00 Recovered by OFC. WIKSE Recovered Date 11/04/97 14:40 Property type CLOTHING/FURS Recovery value 25.00 *********PROPERTY INFORMATION # 19 ********************* ~tegory.. . . PROP/EVIDENCE--NO VALUE OCR Prop Type CLOTHING AND FURS Quantity . , . . 1 Name. . . . . THIRD RAIL Description THIRD RAIL JEANS Value . . . . 35.00 Recovered by OFC. WIKSE Recovered Date 11/04/97 14:40 Property type CLOTHING/FURS Recovery value 35.00 *********PROPERTY INFORMATION # Category . . . : PROP/EVIDENCE--NO VALUE UCR Prop Type ; CLOTHING~ FURS Quantity. l Serial number : MULTI COLOR LEATHER Description . . BELT Value . . . . 10.00 Recovered by. OFC. WIKSE Recovered Date 11/04/97 14:40 Property type CLOTHING/FURS Recovery value 10.00 *********VEHICLE INFORMATION # 1 ********************* Case number . : 1-97-00~687 *********COMPLAINANT INFORMATION - # 1 ************ case Number -97-002687 Last Name Street Number City . . . . Home Phone No. ness Phone 561/000-0000 Birth Date . . Birth Country Unknown Oper Lie entry Race . . . . . Black Sex . . . . . Ethnic Origin BLACK **************SUSPECT/ ARRESTEE INF 0 # 1 ** Case Number . . 1-97-002687 Prompt valid in: Street Number City . . . . . Horne Phone No. usinees Phone 561/000-0000 Birth Date . . Maximum Age . 17 Birth Country : Unknown Oper Lie entry Unknown Race . .. . . . : White Sex . . . . . Male Ethnic Origin WHITE Minimum Height 509 Minimum Weight 150 Hair Color . . . Black Hair Length . Short (Up to 1/2") Bye Color . . : Brown Complexion . . Medium Facial Hair . : Mustache Only Teeth . . . . Normal Build MEDIUM Speech . . . . Normal Status .. Arrested Arrest Case No.: 1-97-006345 Shirt BLK BAGGY PANTS **************SUSPECT/ ARRESTEE I N F O R M A T I O N - # 2 ** CERTIFIED TO BE A TRUE COPY RIC l. BRADSHAW, SHERIFF GM_00788 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 7 of 19 Date: 4/25/16 ROYAL PALM BEACH POLICE DEPARTMENT Page: 5 Time: 8:52:07 Offense Report Program: CMS301L 1-97-0~ued) Case Number . : 1-97-002687 Prompt valid in: - Street Number City . . . . . County . . . . ~M BEACH Home Phone No. Business Phone 407/000-0000 Birth Date : .. Maximum Age . : 17 Birth City : Birth Country United States Oper Lie No . . V616410800810 FL United States Race . . . . . Ethnic Origin White WHITE sex ... Male Minimum Height 504 Maximum Height 504 Minimum Weight 120 Maximum Weight 120 Occupation. . . STUDENT Hair Color Black Hair Style . . : Parted in Center Hair Length Eye Color . : Medium (Up to 2") Blue Complexion . . : Fair Facial Hair . . Mustache Only Teeth Normal Build . : MEDIUM Speech . . . . i Normal Pants .. BLK JEANS Status . : still Suspect ************** V I C T I M INFORMATION Case Number : 1-97-002687 Prompt valid Street Nwnber City . . . . . Home Phone N ~ Business Phone : 561/000-0000 Birth D a t e · . ~ Birth Country Unknown Oper Lie entry Unknown Race . . . . . White Sex . . . . . Female Ethnic origin WHITE Residency Type Royal Palm Beach Residency Sts Full Year Victim Type . . Juvenile ********* 0 THER PERSON INFORM case Number • 1-97-002687 Last Name Person Type PERSON Street Number City . . . . Home Phone No. Bus ness Phone 561/000-0000 Birth Date . . 6/22/1983 14 Birth Country Unknown Oper Lie entry Unknown Race . . . . . White sex . . . . . Female Ethnic Origin WHITE ********* 0 THE R PERSON I N F O R MA T I O N - # 2 ********* Case Number . . 1-97-002687 Last Name Person Type . , OTHER PERSON Street Number : City . . . . . : 334110000 County . . . . Business Phone Birth City . . PALM BEACH 407/000-0000 WEST PALM BEACH, FL Home Phone No. Birth Date . . Birth Country : ~ United States Race . . . - . : White Sex . . . Female Ethnic Origin : WHITE Height . . . . 505 Weight . . . . 110 CERTIFIED TO BE A TRUE COPY RIC L. BRADSHAW, SHERIFF GM_00789 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 8 of 19 Date: 4/25/16 ROYAL PALM BEACH POLICE DEPARTMENT Page: 6 Time: 8:52:07 Offense Report Program: CMS301L 1-97-002687 (Continued) ***************** *~*********NARRA TIVE # l *************************** Original Report Reported By: MANCINO, JR, DOMINIC A. 11/05/97 Entered By.: JARRETT, DAWN M. 11/10/97 on 11/4/97 at 1052 hours, I responded to 156 Martin Circle in regards to six juveniles acting suspicious in the backyard of 156 Martin Circle. On arrival I met with Adella onen a elderly b/f complainant at 10:55 hours. Ms. Oneal stated that at approximately 1045 hours, she woke from her sleep. Oneal stated that she looked into her backyard and observed six juveniles in her back yard three w/m 1 s and three w/f's. Oneal stated that while she was watching the juveniles she observed that a blonde w/f was acting very intoxicated. Oneal stated that she observed a w/m wearing a jacket and baggy black pants kissing and laying on top of the intoxicated w/f. Oneal stated that while the intoxicated w/f was laying on the ground all of the other subjects were slapping her across the face yelling at the intoxicated w/f to wake up. I then walked into the backyard of I observed the six subjects laying on the ground near the canal. As I was walking towards the subjects I observed a w/m laying on top of a blonde, w/f. I observed that the w/f was wearing a multi colored dress which was above her hips, she had her legs wrapped around the w/m•s hips and her ankles were locked together. I observed that the w/m was moving his hipe side to side and he was moving his pelvic area in a up and down motion. ·r then identified the two on to of each her as - and ~ observed the other four juveniles who were just west of - and - The two females were sittin in an upward position and they atre J} p· 1 j dand wo other ma es who were aying own was The and The four subjects and laughing. I then had---get off o f - - - I observed that - - was very-ri'i'c'oxicated, she ~ e to stand on her legs. ~ u n a b l e to crawl and she was clutching onto-crying, holding his leg's and around his neck. Based on condition, a ambulance was called to transport her to to check on her condition. I then met with . . . . . . . . an is mot er. I advised of his Miranda r i g h t s ~ s t a t e d that he understood. stated that-- - and over~ome at at 0930 hours . Collazo stated that his mot e upset to see the five inside her home and not in school. stated his mother made all the subjects leave the house stated that after his ride did not show up to take him to a job interview he went outside, talked to a neighbor, then took some pictures of hie home that was recently placed on the CERTIFIED fO BE A TRUE COPY RIC L. BRADSHAW, SHERIFF GM_00790 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 9 of 19 Date: 4/25/16 ROYAL PALM BEACH POLICE DEPARTMENT Page: 7 Time: 8:52:07 Offense Report Program: CMS301L rand canal. from fa ling into I then aske he did or ever has had sexual intercourse with if he was the person t h a t f j i f f v e that liquor she drank. liquor and he said that stated he did not give never had sexual relations wit ii an -· The six juvenile's were handled in the following manner. Mr. was turned over to his mother at andllllllllllllllwer .trans . . orted yo~. and e west Palm Beach Truancy Center Of . was transported to the hqspital. implied thats e sexual intercourse with some of the people t t I observed in the rear of to the emergency persons that was in the ambulan . I then was advised of this information and this incident was turned over to the Detective Division. ****************************NARR AT IV B # 2 *************************** SUPPLEMENT Reported By: WIKSE, JOHN C. 11/04/97 Entered By.: JARRETT, DAWN M. 11/10/97 On 11/5/97 at 1113 hours, I was dispatched as a backup unit to 156 Martin Circle in reference to a juvenile call. Upon arrival I met with Sgt. T. Hughes who was standing with a group of six juveniles, three w/m and three w/f. Ofc. Mancino was present and had already run all of the-names through dispatch who had called the and confirmed that all present was ruan, wi e excep ion of • who is not enrolled in school. RPB EMS was also o~ scene ea ing with one of the w/f who was identified as - - - - - - It appeared that - - - h a d been drinking and s h ~ t a n d and was ~ a l . EMS transported - to Sgt. Hughes asked me to transport one of e back to the High School and obtain a contact parents. Upon my arrival at the High School I dropped the student services office and I proceeded to the nurses o fices where I obtained four emergency contact numbers f o r - - - - parents. I attempted all of these numbers numerous-~- CERTIFIED TO BE. A TRUE COPY RIC L. BRADSHAW, SHERIFF GM_00791 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 10 of 19 Date: 4/25/16 ROYAL PALM BEACH POLICE DEPARTMENT Page: 8 Time: 8:52:07 Offense Report Program: CMS301L 1-97-002687 {Continued) avail. I called down to the and asked to speak with who told me that , while enroute to e hospital, had found grass an wig material in the patients panties and had received a spontaneous statement from the patient in reference to being raped. I notified Sgt, Hughes of this and he had me respond to the E.R. to ~ t e c t i v e s . Upon arrival, at the E.R., I met with . . . . . . . . . . . . who stated that while enroute to the E.R. she was conducting a head to toe evaluation when the patient stated that she had to urinate. P a ~ was assisting - remove her panties when she n o t ~ d twig particles in the crotch area of..-..panties as well as a small amount of blood, an unknown c l ~ c e , and ~ which appeared to be semen. She also saw abrasions on---buttock s. -...began screaming, "they held me down, they fucked me, they f u ~ 11 I told them to stop, I thought they were my friends! Why would they do this to me? Am I pregnant? l Am I pregnant?! 11 I told - - - - - - t h a t I would need a witness statement from her in r ~ statements. She advised that she would complete the witness statement at the Fire Station and drop it off at the Police Station. I remained at the E.R. and made several more attempts to contact parents, again to no avail. Approximately 20 minutes later Detectives Pervenecki and Robeson responded to the E.R. and took over. I returned to the Police Department where Sgt. Hughes told Ofc. Wensyel and I to go find -- - - - a n d - - - - Sgt. Hu s o us t ~othing ~ e e d e ~ e evidence and to ask them to come in on a ~ s . While enroute to ---........reside nce at . . . . . . . . . . . . . _ Ofc. Wensyel and I w ~ Wildcat Way at Willows Park when we noticed . . . . . . . . . crossing the road. Ofc. Wensyel stopped and spoke w ~ a g r e e d to come in voluntarily. we then .w;oceeded to - - . . . . . . . . . . . where I was able to locate] • and n o t i f y ~ e situation. Marcus also agreed to come in voluntari l y . Ofe. Wensyel transported both individuals to the P.D. while emained four photo's of the residence/yard located at Upon completing this I responded to contact with w/m, who to come in on a voluntary basis. Upon arrival at the Royal Palm Beach Police Department I made contact with Ofc. Mancino and gave him the pictures that I had taken. All juveniles had been separated and notifications were made to their parents. Det. Robkin responded and was briefed on the situation. I took each individual into the traffic office and had them change clothes. I placed their old clothing into evidence bags and Ofc. Mancino placed these bags into evidence bins. ***************** ***********NARRA TIVE # 3 **********************i**** SUPPLEMBNT Reported By: ROBESON, JERRY R. 11/04/97 Entered By.: JARRETT, DAWN M. 11/10/97 CERTIFIED TO BE A TRUE COPY RIC L BRADSHAW, SHERIFF GM_00792 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 11 of 19 ------------------------------------------------------------------------------- Date: 4/25/16 ROYAL PALM BEACH POLICE DEPARTMENT Page: 9 Time; 8 : 52 : 07 Offense Report Program; CMS301L -------------------------------------------~----------------------------------- 1-97-002687 (Continued) On Tuesday, November 4, 1997 I was dispatched to Palm's West Hospital in reference to a suspicious incident. The juvenile victim, ~ was transported to the hospital-Royal Palm Beach ~ There were allegations made by that she may have been forced to have sex. (See original report. Patricia Badu-Tweneboah, Counselor/Advocate from Victim Services was d i s p a t ~ h e hospital. Patricia met with the victim and the parents oflllllllllllllt in reference to the incident. A rape kit was done at the hospital by I interviewe , d . . . . . . . . . . at the hospital. After dent o t h e ~ e d that had me chool. On Sunday, November 2, They spent the entire day with fat his residence. on Tuesday, ted that she dropped - - - o f f at· r school. They also s t ~ a prev ous y een sexually active but, felt that she was no currently sexually active. After the examination was done by I interviewed - s a i d that she didn't go to school and was with and a group of friends. There were males and females in the group. some of t ~ i l e s . . . . . didn't know because she only met them today . . . . . . . e a i d ~ e remembers her legs being opened and being touched by individuals. She stated that her friends were l a u g h i n g ~ something to the effect of "you will like it or enjoy it 11 • - - - h a d her clothes on during the incident. She said that ehe had about five sips of alcohol and all her friends were drinking. and she ha Jf j ■ said· that she had known. . . . . only a few days een sexually active with him. ~ o remembered being kissed on her lips by a female that possibly was her friend, intervf ~w. Virginia. appeared to be very lethargic du:t'ing the After the interview, I transpo. .the . collected evidence to the police station and proceeded to the residence at -.a I met with Mr. and M s . - - - - s .. - . . s a i d that ~ a group of juveniles i n ~ h e r ~ at around 9:00 A.M. - - w a s at home, so she questioned him about the juveniles a n d ~ they were some of his friends. At around 9:30 A.M., Ms . . . . . . . t o l d - - - that the group had to leave from her r e s i ~ A r o u n ~ A.M. , . . . . . told his mother that he was going to take pictures of thei~ence for their neighbor (the neighbor is helping them sell their residence). At about 11:00 A.M., Ms. - s t a t e d that she saw the Royal Palm Beach Fire Rescue with an unknomi girl. Mr. - s a i d that he wasn't missing any liquor from his residence. on Wednesday, November 5, 1997, Marcus Collazo came to the CERTIFIED TO BE A TRUE COPY RIC L. BRADSHAVV, SHERIFF GM_00793 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 12 of 19 Date: 4/25/16 ROYAL PALM BEACH POLICE DEPARTMENT Page: 10 Time: 8:52:07 Offense Report Program: CMS301L 1-97-002687 (Continued) police station in reference to property. I released two lighters, paper, seven dollars and sixteen cents, and a key on a weave. The property wasn•t listed on the property sheet due to the property being inside the pants pockets. ***************** ***********NARRA TIVE # 4 *************************** SUPPLEMENT Reported By: ROBKIN, ROBERT G. 11/04/97 Entered By.: DRAHOS, KATHLEEN E. 11/26/97 On 11/4/97 at approximately 1215 hours, this investigator received a phone call at my home advising me of a possible sexual battery investigation. I was told to go to Palms West Hospital and met with Sgt. D. Pervenecki and if possible the victim. This Detective arrived at the hospital at approximately 1300 hours and met with Sgt. Pervenecki, Detective J. Robeson and the victim's parents. After a brief conference with the above, I went to the Police Station to meet with the responding officers and to conduct this investigation. After speaking wit res onding officers, I then began to conduct interviews with (S-1)-------.. {S-2), and (S-3) . They were al at t h e ~ n . I first met with S-3, I advised him that he was not under arrest and that he was wi er no obligation to answer any of my questions. I also asked him if he knew that this investigation was about. He told me that he thought it was because the victim had gotten very drunk. I asked to relate what had occurred this date, he stated that he had seen S-1 ~ prior to school a t - . . . . . . house and there had been s o m ~ i o n about s k i p p i n g ~ says that he went to school and since he is in the "on '"'raining prog1°ar1i 11 he gets out ear ly. .t1e is employed at Wings u, even though they are not open. When he got out of school, he ran int girlfriend and a n o t ~ l a t e r identified as They all walked to----house where they met and the victim. - - - s a y s that t h ~ t a ouse until h i ~ mad and t o l ~ t o have i s riende leave. They were sitting in the driveway of the house and he says that he hear••••• and his mother yelling at each other. All of the kids then went into the backyard. - - - - s a y s that he does not know where the victim got liquor f ~ e became very drunk. He says that she was so drunk that she fell down several times and had to be pulled up an incline by her legs, to keep from falling into a canal. She was also acting very drunk by talking and laughing. CERTIFIED TO BE A TRUE COPY RIC L. BRADSHAW, SHERIFF GM_00794 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 13 of 19 ---------------------------------------- Date: 4/25/16 ----------~--~------------------------- ROYAL PALM BEACH POLICE DEPARTMENT Page: 11 Time: 8:52:07 Offense Report Program: CMS301L ------------------------------------------------------------------------------- l-97-002687 (Continued) According t o - - - - they had only hung out for 15 or 20 minutes before t h e ~ i v e d . ~ a y s that he did not see anyone molest or sexually v i o l a ~ m . wrote out a statement, it is included in this record. It should be noted that I was unable to record . . . . . . . . . statement ~~f a malfunction with the tape r e c ~ h e n i n t e r v i e w e ~ He was also advised that he was under no obligation to talk to me, he stated that he understood. I asked him to tell me what he had done on this date. This statement was taped. He told me that he had got up at 7:08 AM and left for school. He ran into Nissensohn and he had told him that they were gong to cut school today. £ was with the victim {they are bo riend and f~~~f~!~n~~~ vt;t~~:rjjfmately 0845 to 0900 hours,an and went to his house to skip and hang ou€. WhTie they were . here sometime around 0930 hours, his mother told hirn to have his friends go away. He says that he did. ~ l s osays that at this time he was also approached by his neighbor, who is a real estate agent and is selling his p a r ~ . said that he needed to take pictures of the bouse . . . . . . . .sta es at after he sent his friends away, he took some pictures and approximately 40 to 45 minutes later, his friend, - (S-2) came and got him. He was told that his girlfriend was drd'mt""and out of control. he then went behind the house a t ~ and found the victim to be very drunk. She was f a l l ~ t i n g along the canal bank. It was necessary for him and the other subjects to physi~ally pull her up the bank by her legs and at times also carry her away from the c~l t<:> prevdent her fromlfhallinhg if' n. point, in or er to contra dI a says that aitt one er e oun i t necessary to s a straddle on her. It was at this point that the police arrived. says that he has no knowledge of anyone "messing" with the victim. Since the victim. and t.liis subject are boyfrie:n.d a nd girlf:r:iend, I asked if he was having intercourse with the victim. re use to answer this question. I then asked if he had had sex wi the victim on this date he then stated no, not today. - a l s o wrote out a statement, it is a part of this report. The last person that I interviewed was his story is similar to the others except he states that after everyone arrived at his house produced the bottle of He says that he, his girlfriend _ , _ . . . . . - . . i . and the victim all were at - house s k i p p l n g ~ says that he watched the victim drink from the bottle and get very drunk. He also says that in order to cut the taste of the liquor, ~ k oranges from the orange tree in the yard where they were . . . . . . . says t h a ~ r i e d to sober up the victim, he even went and got some f o o d ~ e e to give her, but nothing worked~ According t o • • • • a l l six of them were sitting around, under CERTIFIED TO BE A TRUE COPY RIC L. BRADSHAW, SHERIFF GM_00795 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 14 of 19 Date:· 4/25/16 ROYAL PALM BEACH POLICE DEPARTMENT Page: 12 Time: 8:52:07 Offense Report Program: CMS301L 1-97-002687 (Continued) some trees at the cap.al bank, drinking at different times . . . . . and the victim might have kissed, but there was no s e r i o u ~ or touching that he saw. He did say that the victim was crawling around on her seat and butt, and at times she would scoot about on her fanny and her dress and panties would ride up. It was necessary for them to physically restrain her to keep her from falling into the canal. AT one point, it became necessary for-----to sit on top of the victim to keep her from going into t h e ~ It was then that the police arrived. This statement was taped and he also wrote out a statement which is included in this report. After taking these statements from the above subjects, they were all released to their parents. Their clothing was confiscated and placed into property by the responding officers, to be sent to the lab for testing. See property receipts. This investigator then conducted an interview with Fire/Rescue Officer Ellen F. Delai who was in the rescue wagon with tbe victim while she was being transported to the hospital. She states that the victim had indicated to her that she had been assaulted, and she had also seen what appears to be blood on the victims underpants. See her written statement for details and also the Fire/Rescue report. Detective Robeson, who had been at the hospital with the victim returned to the station. He had the victims clothes and the contents of the "Rape Kit 11 , these were placed into property. Det. Robeson also took a taped statement from the victim at the hospital, this is also in property. ~approximat ely 1700 hours, I received a phone call from . . . . . . . He told me over the phone at this time that he wanted to keep the record straight and he then stated that he and the victim were actively having sex. He said that the last time that they had sex was on 11/3/97 in t he morning. - also asked e i f he could come to the station and talk to me about the case. I told him to come on in. He arrived at my office at approx. 1730 hours, ~ i t h his father. After I explained this investigation to Mr.,....... the son - - . . . . . . r e q u e s t e d to speak with me in private . . . . . . ~ was very upset at the possibility that soin'e"""a'rhis friends might have abused his girlfriend and he wanted me to know that he was willing to cooperate in anyway that he c o u ~ t to the bottom of this incident. During this conversation . . . . . also told me that he had supplied the liquor to the other teenagers but he did not expect the victim to get so drunk. • At this time, - also admitted to me that he and the victim are sexually active and the last time that they had intercourse was on Monday morning {11/3/97}, he also says that they always use protection when they make love. This statement was not CERTIFIED TO BE A 'TRUE COPY RiC L. BRADSHAW, SHERIFF GM_00796 Case 1:15-cv-07433-LAP Document 1328-21 Filed 01/05/24 Page 15 of 19 -------------- Date: 4/25/16 --------------------------- ---------------------------- ROYAL PALM BEACH POLICE DEPARTMENT ---------- Page: 13 Time: 8 : 52 : 0 7 Offense Report Program: CMS3OlL ------------------------------------------------------------------------------- 1-97-002687 (Continued} recorded nor taped. I asked ■]] f? what he knew about the other people involved. He said that' as ar as he knew, these people were his friends. He had known them for a long while. I asked him if he knew the subj e c - - . . he sated that she was new to the school and he had just r e c ~ h e r . Her boyfriend is someone named I then a s k e d - - t o tell me about the subject . He told me ~ i s Ian's girlfriend, and that she ie 11 :kh. , asked how he knew this a ~ t o l d me that he had seen her kissing other girls. He a l s o ~ h a t she tells people that she is "bi 11 • ~ repeated several times that he was very upset about his g i r ~ e i n g assaulted. I advised him to not do anything that would get him into trouble, and if he learned or heard any information for him to contact me. He agreed to do so. On 11/5/97 at approx. 1600 hours the victim, came to the police station with her parents to be interviewed by this investigator. I first met with the victim and her parents and explained the investigation to this point, I also answered several questions that they had. I then met privately with the victim to discuss her recollection of the even
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630f8f95b44e87cb8b803f14eb806eb16e09dca5217c5aa85d57736d6ba0e307
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gov.uscourts.nysd.447706.1328.21
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giuffre-maxwell
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document
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19

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