STATE ATTORNEY’S OFFICE

FOURTH JUDICIAL CIRCUIT OF FLORIDA

ANGELA B. COREY J.DANIEL MCCARTHY

STATE ATTORNEY CHIEF ASSISTANT

Contact:
Dan McCarthy, Chief Assistant Jessica Wells, Legal Assistant
McCarthy@coj.net Jwells@coj.net
(904) 630-2488 (904) 630-2488

***News Release***

For Immediate Release November 30, 2010

Statement From the Chief Assistant State Attorney

At the request of Ms. Corey, an investigation was conducted by me into allegations

contained in the media which allege in part that an investigator assigned to the 4th
Judicial Circuit State Attorney’s Office may have illegally obtained confidential
information from a law enforcement database.

In conducting this review it became apparent that there are a number of issues which
are germane to a full understanding of the issues involved. To begin with, it is a 3rd
degree felony under Florida State Statutes Sect 322.212 to knowingly provide false
information on a drivers license. Law Enforcement Officials consider the information
contained on drivers licenses to be very important identification data, and charges are
processed when citizens knowingly provide false names, addresses, ages, etc. on
drivers licenses. The Driver and Vehicle Information Database (DAVID) is available to
law enforcement officials seeking to investigate potential crimes. Investigators assigned
to the State Attorney’s Office, along with investigators assigned to all other law
enforcement agencies throughout Florida, use DAVID routinely when investigating
criminal allegations.

Complaints regarding residency questions are also received by the State Attorney’s
Office on a regular basis. Yesterday, for example, a complaint was passed from the
Supervisor of Elections arising from a local media report that a recently elected State
representative did not live in the District they sought to represent. There have been
residency challenges to appointed and elected public officials, representatives on public
commissions, and other types or forms of government services or benefits. Included in
this wide array of situations where residency could be challenged are attendance at
public schools and universities, and participation in public events which have eligibility
requirements.

Accordingly, it is not improper as a matter of law or procedure for an investigator from

the State Attorney’s office to use DAVID to review driver license information as part of
an inquiry into residency questions. Investigators are not permitted to share the official
information gleaned from DAVID inquiries outside of the law enforcement community.
In this particular instance, the investigator that sought to use DAVID to analyze a
residency question did not violate Florida law. This investigator is authorized to access
DAVID to research felonies involving driver license or residency fraud, and there is no
credible evidence this Investigator shared personal information with individuals not
associated with this Office.

However, authority to act is not the only governing principle in this analysis. Perception
issues must be considered by all public servants, and Ms. Corey has a very clear and
strict policy that employees of the State Attorney’s Office must refrain from inappropriate
involvement in cases where they have a personal interest. This is necessary to make
sure the line between official duties, and matters of personal motive or concern, are
never blurred.

The investigator in this instance lost sight of this policy and erred in conducting this
review. He should have recused himself, passed the matter to a disinterested
investigator, and not been involved in the review of information obtained from DAVID.
His participation as a part-time high school football coach created a clear conflict of
interest.

In considering the proper sanction for this error in judgment, I have also considered that
none of the information gathered from the DAVID inquiry was passed outside the State
Attorney’s or used to the detriment of the families or the schools involved.

This investigator has been verbally counseled and reminded that he must scrupulously
avoid conflicts of interest. This matter will be used as a teaching point throughout the
State Attorney’s Office to be sure all fully understand that requirement to avoid conflicts
of interest and improper perceptions.

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The State Attorney's Office for the Fourth Judicial Circuit of Florida is responsible for the
prosecution of all crimes committed in Duval, Clay and Nassau Counties in Northeast Florida.
For more information on the Office go to www.sao4th.com.