LSHA Board - LCPD Agree: Quoting Official Minutes & Agendas is Cyber Stalking in Columbia County
Part I: The run-up to the Governor's Board vote
Posted February 11, 2015 12:20 pm
COLUMBIA COUNTY/LAKE CITY, FL – Beginning on December 3, 2014, Governor Scott's Lake Shore Hospital Authority Board and the Lake City Police Department have been on a hunt for a purported perpetrator, who according to Authority Chieftain and Republican operative, Jackson P. "Jack" Berry, represented the Hospital Authority. On Monday night, February 9, 2015, the Scott Board voted to turn the fruits of the LCPD Greear investigation over to the Third Circuit's State Attorney, Jeff Siegmeister, for prosecution, a decision which rests solely in his hands.
On December 8, 2014, Hospital Authority Manager Berry claimed that a "Guardian Angel" posted an ad on Craigslist and impersonated the Hospital Authority. He said he turned the information over to "law enforcement." The police incident report clearly stated that no evidence was turned over to the LCPD.
During the December 8 meeting, Manager Berry also told the Authority Board, "They referred it to our website with my email address." Manager Berry's email address is Jack@lakeshoreha.org. That email address is not in any Craigslist posting that the Observer was able to locate.
This advertisement was posted on Craigslist. It mentions the Hosp Auth agenda and gives the website address. It mentions information directly from the Auth Agenda, as seen below.
That article, with links to the LCPD incident report, is available here: LSHA's Berry Says "Guardian Angel" Posted Ad on Craigslist – Impersonated Hospital Authority"
The complete agenda for the November 10, 2014 meeting is here.
January 8, 2015: LCPD Chief Gilmore
A month after the investigation began, your reporter spoke with LCPD Chief Gilmore.
Chief Gilmore explained that the LCPD was investigating and would determine if the incident was noncriminal or criminal.
The Chief said, "We look at all elements of the issues of the incident and we make a determination if a criminal violation has occurred. That's what we are doing. Investigation means that we're looking into every angle; into every aspect of an incident that has been reported to us."
On December 9, 2014, in response to a public records request by the Observer, Manager Berry wrote: "In response to your public records request, I have turned all material concerning this matter over to Law Enforcement Agency."
Your reporter questioned the fact that the police report said there was no evidence provided to the LCPD, while Manager Berry said he turned over all evidence to the police.
The Chief said, "Even though the primary officer maybe did not collect anything right then, it does not mean that once an investigator gets this that there are additional evidence or additional reports or additional whatever that he can be looking into."
Your reporter explained to the Chief that the Observer published the Craigslist postings and that the case was initially labeled non-criminal. Your reporter directed the Chief to the article and advised that she could see what was posted on Craigslist.
There was a brief pause in the conversation.
Chief Gilmore said she just received more information and the investigator did label the case non-criminal. The Chief said the investigator went to the State Attorney's office and they looked at what he had and it was determined there were additional steps that he could take.
The Chief continued, "As a result of that review and getting that information from the State Attorney's Office, that's why the investigation is continuing, because the prosecutor in the State Attorney's Office gave him [LCPD investigator Greear] additional review or fact-finding for this investigation."
Chief Gilmore explained that the LCPD uses the State Attorney to determine if something is "criminal activity."
The Chief said, "I don't want you to twist my words. They gave us guidance with another investigative step that we wanted to use... We are still continuing the investigation."
David Lee Greear is the investigator for the LCPD. His final investigative report is revealing. (click the pdf image)
The responses received by the Authority represented considerable savings for web design work that Berry had privately arranged.
On Dec. 3, 2014 Lt. [John] Stock advised Greear to contact Jack Berry "in reference to some emails he received in reference to an add on Craigslist that he did not post. It was further stated that an unknown person had posed as the Lake Shore Hospital Authority, and inturn [sic] numerous responses were received."
Berry told Greear that he had the "post" taken down. Then Greear stated, "I later looked on line and could not find the post itself."
It appears that Manager Berry, who has demonstrated limited computer skills, did not save the Craigslist posting and that neither he nor Greear could find it.
Nowhere in the report narrative does it state the Greear ever came into possession of the postings that Manager Berry claimed represented the Authority or him.
Greear's December 3 narrative continued: "I later spoke to Jack Berry and he was advised that the post had been removed. I was told that he would like to know the origin. I then articulated that charges would ultimately be sought if a suspect was identified."
Between December 31, 2014, and January 21, 2015, Greear subpoenaed Craigslist and Comcast for the ID of the person who made the post.
On January 28, 2015, Greear wrote: a fax was received that advised the subscriber name was identified as Barbara Lemley, and her local address was also provided.
On January 29, Greear went to the State Attorney again and 'had a meeting with several attorney's [sic]. As this incident was discussed it was revealed that the incident at hand is within the criteria of "cyber stalking" [sic]
On Friday, January 30, Greear went to Ms. Lemley's home. He "explained to the Lemley subject that I was working a criminal case and that I need information from her."
Ms. Lemley told him she was going out of town. Greear said he would come back on Monday, February 2.
According to Ms. Lemley, "Sometime after he left I called the LCPD and told the dispatcher I didn't want him to come back. I was told Greear would get the message."
On February 2, Greear returned to Ms. Lemley's house.
On February 3, Ms. Lemley received a certified letter which stated the following:
This letter is to inform you that you have been
identified as a suspect in a criminal investigation with
the Lake City Police Department. The criminal
investigation has resulted in a complainant affidavit
being forwarded to the State Attorney’s Office for
review. The charges being filed against you is for cyber
stalking. If you are interested in providing a sworn
statement referencing the current evidence complied
against you, please contact my office (386)752-4343.
The final disposition in this case will be determined by the State Attorney’s Office. (emphasis added by the Observer)
On February 4, Greear wrote: I made contact with the Jack Berry subject and he was advised of my findings. I was then told that after considering the facts,he [sic] felt the best way to address the issue at hand, was present this matter to the Board of Trustees and that they would vote on whether or not they wanted to have this matter forwarded to the State Attorney's office for review. I was advised that the final decision should be made by the board and not an individual.
Part II Tomorrow: The decision had already been made. Lake Shore Hospital Authority sham meeting. Ms. Lemley gives a brief statement.