FLORIDA DEPARTMENT OF LAW ENFORCEMENT INVESTIGATIVE REPORT On June 11, 2008, Chief Inspector Mark Perez received a request

from Rob Wheeler General Counsel, Executive Office of the Governor to review an investigation of a sexual battery that occurred in December 28, 2007, in Boca Grande, Florida. General Counsel Wheeler advised Chief Inspector Perez that William and Ann the parents of juvenile contacted the Office of the Governor and advised that their son had been the victim of a sexual battery. Mr. and Mrs. were dissatisfied that criminal charges against the suspect, Carl Stanley McGee, were dropped by the State Attorney's Office (Twentieth judicial Circuit) in expressed their discontent on how the investigation was Lee County. Mr. and Mrs. handled and requested that the case be readdressed. The emailed their request and supporting legal documents to General Counsel Wheeler for his review. The complaint and supporting documents were forwarded to Inspector Rose Davis for further examination. On June 25, 2008, the Office of Executive Investigations received a formal letter from the Office of the Governor requesting FDLE provide additional investigative assistance regarding this matter. The letter requested that any additional information or evidence obtained by FDLE be provided to the State Attorney's Office (Twentieth Judicial Circuit) for their review and further consideration for prosecutorial merit. A copy of the original complaint and associated documents was also provided to FDLE Special Agent Terry Thomas (Missing Children Clearinghouse) for his review due to his expertise in crimes against children.

Red Mass Group

On July 31,2008, Inspector Thomas completed his review of the case file. The following is a synopsis of his observations and recommendations:
o

o o

The victim made a timely report and positively identified the suspect. The victim was consistant in his statements to law enforcement and the Child Protection Team. The victim and family support criminal prosecution of the suspect. The victim appeared to be fearful of the suspect and denied consensual sexual contact with the suspect. Due to his age, the victim could not, by law, consent to sexual contact with the suspect. Inspector Thomas, in his capacity as an expert witness, has seen cases successfully prosecuted with less evidence than that listed in this case. Inspector Thomas recommended that the State Attorney for the 20th Judicial Circuit reconsider the prosecution of the supect for Sexual Battery on a child under the age of 16 to

Case Number:EI-73-8288 Serial #:1 Author:Davis, Rosemary A. Office:Executive Investigations Activity Start Date:06/25/2008 Activity End Date:06/25/2008 Approved By:LeFlles, Robert J. Sexual Battery Referral Description: THIS REPORT IS INTENDED ONL Y FOR THE USE OF THE AGENCY TO WHICH IT WAS DISSEMINA TED AND MA Y CONTAIN INFORMATION THA T IS EITHER PRIVILEGED OR CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LA W. ITS CONTENTS ARE NOT TO BE DISTRIBUTED OUTSIDE YOUR AGENCY.

The information in this report contains information about a JUVENILE that may be privileged or confidential and exempt from disclosure under applicable law.
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Case Number: EI-73-8288 IR Number: 1 include the lesser included charge of Lewd & Lascivious Acts upon a child under the age of

16.
On Tuesday, October 28, 2008, Special Agent Supervisor (SAS) Robert LeFiles and Inspector Brett Lycett met with members of the State Attorney's Office for the 20th Judicial Circuit to discuss the referenced investigation and decision by the State Attorney's Office not to file criminal charges. The members included Chief Assistant State Attorney (ASA) Randall McGruther, Assistant State Attorney (ASA) Dean Plattner, and Chief Investigator Kevin Smith. SAS LeFiles explained the request that FDLE received from the Executive Office of the Governor and provided an overview of the review performed by both Inspector Rose Davis and Special Agent Terry Thomas. ASA McGruther explained that he was very familiar with the case and had met with the parents of the reported victim to discuss the decision not to file criminal charges. ASA McGruther stated that there were several areas of weakness in the case that led the State Attorney's Office to decline filing criminal charges. ASA McGruther described that there was a witness who should have been able to corroborate the victim's statement, but could not, there were no videotaped security cameras in the area where the incident was alleged to have occurred , and they were not able to corroborate the meeting between the reported victim and suspect. ASA McGruther also described that there was no forensic evidence recovered from the area that would identify either the reported victim or suspect. ASA McGruther explained that the totality of the circumstances led the State Attorney's Office to decline filing criminal charges.

Red Mass Group

The case file and Inspector Thomas' review will be maintained as Related Item #1 .

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