Florida Highway Patrol Captain Joseph R. Schmidt Bionic Sit Up Investigation

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4lt February 8, 1999

4lt
4lt
Direct or Colonel Charles C. Hall
Florida Highway Patrol
2900 Apalachee Parkway
Tallahassee, Florida 323990-5000
Dear Colonel Hall:
As a concerned citizen of t he State of Florida I am wri ting
you t his letter . to ... make :you aware of a, certain incident th.?t
occurred by one of your management personnel .
I was made aware o f the incident by one of my children who
had contact with other children who were talking about their
parents. I was very disturbed by the incident , and thought t hat
you should be aware of it so. action could be taken.
The facts that I received are that Commander Joe Schmidt of
t he Florida Highway Pa trol in Cocoa was on a training exerci se
with the SWAT team, when he had one Officer handcuffed,
b lindfolded, and down on his knees when the Commander wal ked up
to him and pull ed down his p ants expos ing his genitalia in the
face of the Officer .
I do not t hink this .type of act ivity should occur among
anyone , in particul ar someone in management . Do we need this
type of person working f or t he State of Florida? Then to have
our children talking about this type of act ivity i s ludi crous
and will not be t olerated . I try to teach my childr en morals
and respect , but this type of incident cannot and should not
happen. Does the Florida Highway Patrol have a sexual
-discrimination p o l ~ c y ? Maybe you should review it.
I will forwa rd a copy of this letter to Fred 0 . Dickinson III
with the Department of Highway Safety and Motor Vehicles , and
hope t he appropriate action will be taken.
R.ECEIVED
FEB 11.1999
Investigation section
Central Region
Sincerely,
Concerned Ci ti zen

TO:
DIVISION OF FLORIDA IDGHW A Y PATROL
TROOP D ~ C O C O A ~ ~
April 24, 1998
Lieutenant Thomas P. O' Neill
Lieutenant Anthony F. DiPace
Sergeant Ronald C. Behnke
Corporal Dwight K. Wiles
Trooper Mark A. Clark
Trooper Cleveland L. Johnson
Trooper James A. Montes
Trooper Dennis P. Warren
Trooper Jeffery A. Wright
Trooper Kevin S. Brown
Trooper Michael L. Jones
Trooper Warren K. Fast
Trooper Juan C. Barros
Trooper Anthony A. Jung
Trooper Timothy A. Wood
FROM: Captain Joseph R. Schmidt, TRT Co
SUBJECT: Troop D TRT Training- Friday, May 1, 199
Troop D TRT training will be held on Friday, May 1, 1998. You should
report to the Old Naval Training Annex, located on Daetwyler Road (south of McCoy
Rd.) by 3:00 PM and bring all issued TRT equipment. You should also dinner and
appropriate attire (black shorts, gray T-shirt, white socks, and running shoes) for physical
training.
cc: Major Ricky S. Gregory
Captain Marcus W. Sanders
Captain Robert E. Fleming
Captain Cyrus R. Brown
Sergeant Gordon E. Littleford

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TACTICAL RESPONSE TEAM TRAINING REPORT
MAY 1998 TROOP D
LOCATION: ORANGE COUNTRY
DATE: 05701/98
CANCELLED DUE TO ORANGE -COUNTY STORM(S)
NAME PRESENT/ EXCUSED NAME PRESENT/EXCUSED
1) _ SCHMIDT, JOSEPH R., CAPT
p
14) WOOD, TIMOTHY A.
p
2) O!NEILL, THOMAS P. LT.
p
15) FAST, WARREN K. A
3) DIPACE, Anthony F. SGT
p
16) BARROS, JUAN c. A
4) BEHNKE, RONALD C. SGT A 17)
5) DWIGHT K. WILES, CPL .
p
18)
v 6)
JOHNSON, CLEVELAND L.TPR
p
19)
7) CLARK, Mark A., TRP
p
20)
8) JUNG, ANTHONY A. TRP A 21)
9) WARREN, DENNIS P. TRP
p
22)
10} WRIGHT , JEFFREY A. TRP
p
23}
11} MONTES, JAMES A. TRP A 24}
-
12) JONES, MICHAEL L. TRP
p
2 5}
13} . BROWN, KEVIN S. TRP A 26 )
REMARKS (type of Training, etc.) ____ __ __
PHYSICAL ASSESMENT
SRT COMMANDER:
TEAM LEADER:
TROOP COMMANDER:
SRT COORDINATOR:
CAPTAIN J . R. SCHMIDT
LT. PATRICK O'NEILL
MAJOR RICKY $ . GREGORY
CAPTAIN JOSEPH R. SCHMIDT
TOTAL ATTENDING: .J:r t/ 0
TOTAL HOURS TRG: 8 HOURS
EACH
COCOA: PREPARED BY NANCY MCCULLERS DATE: 06/ 02/ 98
cc: Captain William A. Wofford
MOfDAYfYR sent to
99- 99- 00214- 0B
AGENCY CASE tt
SAO
CASE COVER SHEET
DEFENDANT( s) JosQph Schmidt
OFFICER/DEPUTY
----------------------------------
COURT CJ..SE I
DETECTIVE Capra in Art h u r J. Lane FHP
CHARGE ( Expo!. Uffl of Sexual Organs
SS# 800 . 03
ARRESr DATE _ __ _
NON-ARREST __
;;; n??) FILED __
REASON CASE NOT FILED:
*34 Other information filed
submi tted
prove beyond a reasonable doubt
t37 Absence of reports or evidence
[ } No response to SAO request
for additional information
j35 Victim declines
Victim failed to
State Attorney ' s
Victim otherwise
or unavailable
to prosecute
respond to
letter
uncooperativ
Essential witness problems
J

138 Released to another jurisdi ction i l9 See ASA/Investisat or comments
8Jnv@stigatcr
APPROVED:
DAl'E: 1/ hr
I
VICTIM:
------------------------
29- 1 ( 10-93 )
. SAO
M A.Y !I 7 1999
AGENCY Highwuuro,
lh&ShUIYJOfi tJon
Central Region
ZONE/DI STRICT: _____ .
"\.'\,.

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DIVISION OF FLORIDA HIGHWAY PATROL
BUREAU OF CRIMINAL INVESTIGATIONS

TO: Captain Joseph Schmidt
VIA: Major Rick Gregory
FROM: Captain Arthur J. Lane
SUBJECT: Employee Interview
This is to inform you that you are the subject of an investigation. This
investigation Administrative) misconduct.
Allegations: Violation of State 800.03 Exposure of Sexual Organs
FHP Policy 3.01 Code of Conduct: Oath of Office
FHP Policy 3.03 Code of Conduct: Regulations
Violation of Statutory Authority, Rules, Regulations or
Policies, punishable as provided in Rule 15-3.001, FAC.
The above constitutes the following disciplinary offenses:
Horseplay
Conduct Unbecoming a Public Employee,
punishable as provided in Rule 15-3.001, FAC.
You are to report to Captain Lane at the Orlando FHP Station, on
Wednesday, May 05, 1999, at 10:00 a.m., to be interviewed.
Prior to this interview, you should make yourself aware of your rights as
outlined in the Florida Highway Patrol Policy Manual, Chapter 8.01, Addendum 8.01-8,
which is attached.
If you have any questions regard.ing this interview, please contact me at
(407) 897-5959 ext. 1032 .
-t:. .-

1.
RIGHTS AND REQUIREMENTS OF EMPLOYEES
In cases where a complaint is filed, the employee will be provided an opportunity to
make whatever statement he/she desires during the investigation. In those cases where
a formal interview is required, the investigator must adhere to Section 112.532, Florida
Statutes and any collective bargaining agreement.
a. If allegations against an employee are criminal in nature the employee will be
advised of such fact and all constitutional" rights protecting the employee against
self-incrimination, right to counsel, etc., will apply. The Sworn Employee
Possible Criminal Charges Form {HSMV 60208) will be used (Addendum 8.01-5).
Should an employee elect to make a .statement or answer questions, all
responses by the employee shall be truthful and complete.
b. During an administrative investigation. an employee will truthfully answer all
questions which a superior officer or investigator may ask narrowly and
specifically relating to official duties and fitness for duty and will cooperate with
the complaint investigation process.
2. Employees may be required to submit to specific examinations in the course of a
complaint investigation. All provisions of Florida Statutes and any collective bargaining
agreement will be adhered to.
3.
a. Medical or laboratory examinations may be required if such examinations are
narrowly related to the complaint investigation. Provisions of Section 112.0455,
Florida Statutes and DHSMV Management Manual Policy #053 will apply.
b. Employees may be required to be photographed or participate in a line-up if
identification is an issue. However, no employee may be required to participate
in a line-up unless approved by the Director, Deputy Director or Chief, Bureau of
Investigations.
c. Employees may be required to submit financial disclosure statements as part of a
division complaint, when such information is material to the investigation.
d. An employee may not be required to submit to any polygraph or other instrument
for the detection of deception. However, such test may be offered to an
employee with the approval of the Director or the Chief, Bureau of Investigations.
No employee will harass, verbally abuse, or threaten any person who files a complaint or
any witness in a complaint investigation of that employee or any employee of the
Division. Also, no employee shall interfere or impede any complaint investigation .
ADDENDUM 8.01-8
POLICY 8.01 - 25

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657
Section
800.02
800.03
800.04
Arson and Criminal Mischief
CHAPTER800
LEWDNESS; INDECENT EXPOSURE
(Complete Chapter)
Unna!Ur.ll and lascivious act
Exposure of sexual organs. .
Lewd, lascivious, or indecent assault or act upon or in presence of child.
800.02 Unnatural and lascivious act.
806.01
A person who commits any unnatural and lascivious act with another person commits a misde-
meanor of the second degree, punishable as provided ins. 775.082 or s. 775.083. A mother's breast-
feeding of her baby does not under any circumstance violate this section. (Chgd. by L. 1993, chap.
4(2). ejf. 3191?3.) .
800.03 Exposure of seiual organs.
It is unlawful to expose or exhibit one's sexual organs in public or on the private premises of an-
other, or so near thereto as to be seen from such private premises, in a Vulgar or indecent manner, or
to be naked in public except in any place provided or set a pan for that purpose. Violation of this sec-
tion is a misdemeanor of the first degree, punjshable as provided in s. 775.082 or s. 775.083. A
mother's breastfeeding of her baby does not under any circumstance violate this section. (Chgd. by
L./993. chap. 4(3), efT. 319193.)
800.04 Lewd, lascivious, or indecent assault or act upon or in presence of child.
A person who:
(1) Handles, fondles, or assaults any child under the age of 16 years in a lewd, lascivious, or in-
decent manner;
(2) Commits actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestial-
ity, masturbation, sadomasochistic abuse, actual lewd exhibition of the genitals. or any act or con-
duct which simulates that sexual banery is being or will be committed upon any child under the age
of 16 years or forces or entices the child to commit any such act;
(3) Commits an act defined as sexual battery under s. 794.0 ll (l)(h) upon any child under the of
16 years; or
(4) Knowingly commits any lewd orlascivious act in the presence of any child under the age of
16 years,
without committing the crime of sexual battery, commits a felony of the second degree, punishable
as provided ins. 775.082, s. 775.083, or s. 775.084. Neither the victim's lack of chastity nor the vic-
tim's consent is a defense to the crime proscribed by this section. A mother's brcJstfeeding of her
baby does not under any circumstance violate this section.
(Chgd. by L.l990, chap. I 20(1): L. 1993, chap. 4(5), eff. 319193.)
Section
806.01
806.031
806.10
806. 101
806.111
806.13
806.14
Arson.
CHAPTER806
ARSON AND CRIMINAL MISCHIEF
(Complete Chapter)
Arson resulting in injury to another; penalty.
Prcvcntini or. obstructing extinguishment of fire.
False alarms of ftTes.
Fire bombs.
Criminal mischief; penalties; penalty for minor.
Art works in public buildings; willful damage: unauthorized rcmo,ll:
penalties.
806.01 Arson.
(I) Any person who willfully and unlawfully, or while in the commission of any felony. by fire
or explosion, damages or causes to be damaged:
(a) Any dweUing, whether occupied or not, or iiS contents;

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. .
. RULES OF THE
DEPARTMENT OF HIGHWAY SAFETY AND
CHAPTER 15-3
JTANDARDS OF DISCIPLINARY
.
. ,
15-3.001 Disciplinary. Acti9ns
.. . .
MOTOR VEHICLES
ACTIONS
(1) P.urpose. It is .. the : policy of the Department that
disciplinary 'measures be administered tO its employees .o.nly when
there is just cause to do so. . In furtherance of this policy,
wil.l c.ommunicate. the conduct standards .expected of its
with . the : objectiye . o f. correcting unacceptable or
undesirable . . whi.ch , is , .. counterproductive . or contrary to
the .. efficiency, ... ef--fectiveness or . ability to ,. serve
the.. public. . Disciplinary . measures will be . administered in a
progressive where : .. 'indicated, with the ;objective of
modifying or. : correcting an . e mployee-s . behavior and thereby
assisting the employee in becoming a more valuable resource to
the Department. This policy is applicable to employees who have
permanent . status Career . Service. : The ' Department
is . not requir::ed ' to administer discipline under this rule for
proba ti 011.a ry employees. . .
(2) Authority ., for Disciplinary Actions. A specific type of
dis cip li na.ry action may . .be taken by s upe rvi s ion within the
authority . delegated by the .Executive Director of the Department
of Highway Safety and . Motor : Vehicles. The severity of the
disciplinary -which may be administered by each level of
supervision is dependent on the .. seriousness of the offense and
may be taken after consultation . with the next highest level of
supervision. The types of disciplinary actions which may be
taken within the scope of this . rule are oral reprimand, written
reprimand, suspension and dismissal.
(3) Definitions.
(a) Counseling - A discussion between the employee and the
supervisor whenever the supervisor notices that an employee
is failing to adhere to . the agency's official or expected
conduct standards. It is ' a measure used by a supervisor to
correct an employee's inappropriate conduct with the
objective that the conduct will not be repeated and that
disciplinary action will . not . become necessary. (Counseling
is not considered . disciplinary action . for the purpose of
progressive disciplinary action.)
1
(Interim Policy)

(b) Progressive Discipline A systematic approach to
discipline in which the penalty for violation of a conduct
standard will increase in severity each time the employee
repeats violation of the same
(c) Cumulative Discipline Prior o ffenses for which an
employee has been disciplined may be used to det e rmine the
severity of the action to be taken for the current offense
being considered even though the prior offense(s) may not be
the same as the current offense. In such situations, mor e
than the minimum called for . under offense violated will
be used. An employee must have been warned in writing in
. adv'ance . that the agency ' contemplates using cumulative
for utute . violatioris.
(d) . . Oral : Reprimand - The ., least severe . type of . disciplinary
action. for violation .of the Department's conduct standards.
It is . usually administered after counseling has not been
e f f e c t i .v e in c or r e c t i n g t h e --u n de s i r a b 1 e con d u c: t I t e n t a i 1 s
a discussion by : the supervisor . with the employee
specifying the conduct standard(s) violated, the employee's
act(s) which . violated the standard(s) and the cortective
behavior required.
(e) .. written Reprimand - ;: Disciplinary action for violation
of the -Dep artment's : conduct standard(s) which is more serious
than an oral reprimand but .does not involve . leave without pay
as in the case of susp e nsion. It usually, but not
necessarily in all cases, follows a prior oral reprimand. If
warranted, it may be given for a first violation. It entails
a written memorandum to the employee specifying the conduct
standard(s). violated, the employee's. act(s) which violated
the . standard(s), the corrective conduct required, and a
warning that any future violations will result in further and
possibly more severe disciplinary action.
(f) Suspension Disciplinary action which may be
administered for violation(s) of the Department's conduct
standard(s), usually following one or more written
reprimands, which is more serious than an oral or written
reprimand. It may also be imposed as the first disciplinary
action following the commission of certain serious
violations. This disciplinary action temporarily relieves
the employee of duties and places the employee on leave
without pay for a specified period of time.
(g) Dismissal - The most severe form of disciplinary action
which may be take n by Department for violation(s) of the
Department's conduct standard(s). This action separates the
employee from the Department and is us e d in the case of a
major offense or as the final step in the progressive and
cumulative procedures.
2
(Inter im Policy)
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(4) Notice of : Proposed - As provided by Rule
F.A.C., an emplo_yee who . is subject to suspension or _dismis-sal
shall given a of . 10 . days written _notification
mail delivery of the
to or_ -dismiss the employee
. , .
(5) . Predetermination Conference - As prov_ided by Rule 60K-9_.0043,
F A c ; a n em p i o y e e. w h . _i s . s u j e c t t o s us p ens i on. . o r d i s m i _s 5 a 1
shall be given the opportun1ty to appear before the Departmental
official or the official's designee authorized to take the
action, to answer orally and . in writing the .. charges against the
em p 1 o y e e The ins t r u c .t ions f ()"r r e que s tin g . the .. co ri. fer en c e w i 11 be
conta_i ned in the .. -not ifi cation to the employee of the proposed
_ .,
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(6) Noti.ce of Final Action As provided by Rule 60K-9.0044,
F.A.c., an emp-loyee . shall. be given written n'otif{c_a.tion by
certified mail and/or j,ersonal delivery .of t"he De-partment's
decision to proceed with . t)le or dismissal within 5
w o r k days be f o r e o r a f t e r the . d a t e - the a c t i on i s e f f e c t i v e The
instructions for appealing or grieving the action shall be
contained in the notification .. to the employee of the action to
suspend or dismiss.
(7) Extraordinary Action As pro.vided by Rule 60K-9.0046,
F.A.C., in extraordiniiy situations where the retention of a
permanent Career Service employee would result in to
property, would be detrimental to the best interest of the state,
or would result in injury to the employee, a co-worke-r or som-e
other person, such employee may be suspended or dismissed by _ the
Executive Director . or. other _ designated officlal without giving
advance not .ice. In these extraordinary situations, the employee
being suspenAed or dismissed must be advised by the Department's
representative verbally and in writing of the charges
necessitating the action and . the employee shall be given an
opportunity at that time to explain or refute the charges. The
employee shall be advised at that time whether the Departme-nt
will proceed with _the . suspension or dismissal and the right to
appeal the action _i:o the Public Employees Relations Commission
or, if covered, grieve under the pertinent collective bargaining
contract. A certified copy of the Department's written
notification shall be mailed to the employee within 24 hours of
the effective date of the action.
(8) Inability to Perform Assigned Duties Failure to meet the
performance standards or qualifications that specifically
relate to an employee's duties and responsibilities. This is not
considered and will be handled in accordance
with Section 110.227, F.S. and Chapter 60K-5, F.A.C.
(9) Standards of Disciplinary Action Guidelines - The following
disciplinary offenses and penalties are established as guidelines
to insure that the Department is being consistent in taking
3
(Interim Policy)

disciplinary actions. The penalty for each occurrence an
offense is no-rmally the minimum imposed. The of a
pena_lty ) nay :. var;y. depel?ding upon, but not to, the. impact
of the violation upon the . ability . of the employ.ee to perform
a 6 s .i g n e d : d t i e s , e s p e c i a 11 y a 6 i t r e 1 a t e s . t 0 c r e d i b i 1 i t y '
trustworthiness and integ-rity. When one of the following
offenses . takes . place off the job, the offense must have a direct
relat { o'n'ship' to the employee's ability to perf_o.rm his duties ' in
for _be taken .
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STANDARDS; oF:riiSCIPiiNARY ' ACTION
..
. ..
. . .
DISCIPLINARY OFFENSE
Absence w(thout
Authori-zed leave
.
Abuse ' or
destruction of state
propertY: or equipment
.. .
*Cha r 'gea.ble
crash
with agency vehicle:
(a)*Minor violation
(b)*More serious
clear-cut violation
violation
..
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FIRST
VIOLATION
Written
Reprimand
to
Dismissal
written
Reprimand
to 1-:Day
Suspension
Written

:
Written
Reprimand
2-:-Day
Suspension
to
Dismissal
SECOND
VIOLATION
3:-Day
Suspension
'to
' Dismissal
_3-Day
Suspension
to
Dismissal
1-Day
Suspension
1-Day
to
3-Day
Suspension
3- Day
Suspension
to
Dismissal
GUIDELINES
,I''
THIRD
FOURTH :
VIOLATION VIOLATION
Dis111issal
Dismissal
3-:- Day
Suspen.sion
Dismissal
to
Dismissal
3-Day Dismissal
Suspension
to
Dismissal
Dismissal
*Chargeable crashes which occurred more than three years prior to
the current crash will not be considered for the purpose of
progressive discipline . Upon reviewing the circumstances
surrounding a traffic crash - which occurred in an agency vehicle,
the department may require training to reinforce an employee-s
driving knowledge and skills. The first two minor crashes within
t h r e e y e a r s w i 11 n o r 111 a 11 y r e s u 1 t i n c o u n s e 1 i n g i n 1 i e u o f
discipline
4
(In't erim Policy)

'
DISCIPLINARY ' OFFENSE
Conduct unbecoming
a public employee
FIR.ST
VIOLATION
SECOND
VIOLATION
3-Day Dismissal
Suspension
to
Dismissal
Conviction of any crime 3-Day Dismissal
other than minor Suspension
traffic violations to
Cowardice (uniformed
member of FHP)
Destroying evidence
Disclosing police
informant's name to
unauthorized persons
Excessive absenteeism
Failure of . sworn
employee to maintain
weight control
Failure to perform
job duties
Failure to report
the revocation or
suspension of
driver license
Failure to report and
turn in without delay,
all properties or
evidence seized, found
or taken officially
Dismissal .
3-Day Dismissal

to
: Dismissal.
Dismissal
Suspension
to
Dismissal
3-Day Dismissal
Suspension
to
Dismissal
Oral Written
Reprimand Reprimand
Oral Written
Reprimand . Reprimand
Written
Reprimand
to
Suspension
3-Day
Suspension
to
Dismissal
3-Day Dismissal
Suspension
Written
Re.primand
to
Dismissal
. 3-Day
Suspension
to
Dismissal
5
(Interim Policy)
THIRD
' VIOLATION
FOURTH
viOLATION
3-Day Dismissal
Suspension
3-Day Dismissal
Suspension
Dismissal
Dismissal

DISCIPLINARY." OFFENSE
Falsification of
records
Fighting
Gambling
Giving false testimony
Harassment - sexual,
racial, religious,
national origin, and
handicapped
Horseplay
Improper or
unauthorized use of
state property or
equipment
Improper political
activity
Improper uniform or
untidy person while
on duty
Insubordination
Interfering with an
official investigation
FIRST SEdOND
VIOLATION ' "VIOLATION
Dismissal
Suspension
to
Dismissal
3-Day Dismissal .
Suspension
to
Dismissal .
. . Wri tten
.Reprimand
to 3-Day
Suspens:Lon
3-Day .
Suspension
to
Dismissal
3-Day Dismissal
Suspension :
to
Dismissal
3-Day Dismissal
Suspe_ns ion
to
:D. i s m i s s a 1
Oral Written
Reprimand -Reprimand
THIRD
VIOLATION
. . . . . ..
Dismissal
FOURTH
VIOLATION
3-Day Dismissal
Suspension
. Written 3-Day Dismissal
Reprimand Suspension
to to
Dismissal Dismissal
Written 3-Day Dismissal
Oral Written
Reprimand Reprimand
Writ t"en
Reprimand
to 1-Day
Suspension
3-Day
Suspension
to
Dismissal
5-Day Dismissal
Suspension
to
Dismissal
6
(Interim Policy)
3-Day Dismissal
Suspension
Dismissal

DISCIPLINARY : OFFENSE
Leaving the :work
station witliout
authorization
Loafing
Maltreatment
of or
Negligence
Possession, . sal e ,
transfer or use of
alcohol or drugs on
the job* - ..
Possession, sale,
transfer or use of
drugs off the job*
Sleeping on duty
Soliciting or
accepting any gift,
loan, gratutity or
money for imprope r
purposes
Striking or related
concerted activity
Tardiness
FIRST
VIOLATION
SECOND
VIOLATION
THIRD
VIOLATION.
Writ t en 3-Day Dismissal
FOURTH
VIOLATION
Oral Written 3-Day Dismi ssal
Reprimand Reprimand Suspension
Dismissal
. Written 3-Day 5-Day Dismissal
Reprimand Suspension Suspension
to 3-Day to to
Dismissal Dismissal
3-Day Dismissal
S u s p e n s i on .:
to
Dismissal
3-Day Dismissal
suspension
to
Dismissal
Written
Reprimand
to 1-Day
Suspension
Dismissal
Dismissal
3-Day
Suspension
to
Dismissal
Oral Written
Reprimand Re primand
Dismissal
3 - Day to Dismi s s al
5-Day
Suspens i on
*Refer to the . Department's policy on drug-free workplace in
instances of use of alcohol or illegal drugs.
7
(Interi m Policy)

DISCIPLINARY :OFFENSE
Theft
Unauthorized
distribution of
written . or printed
material of . . _
any de scription
Unauthorized
solicitation or
sales .on state
property ...
. '
Under the influence .
of alcohol or drugs
while on the .job*
Unlawful or careless
use or display of a
weapon
Using threatening,
profane or abusive
language to others c
Violation of statutory
authority, rules,
regulations, or
policies
Withholding
infonnation on
wanted persons
FIRST ~
VIOLATION
Dismissal
SECOND .
viOLATION
Oral Written
Reprimand Reprimand
..
.. . . . .
0
~
Oral Written
Reprimand Reprimand
3-Day Dismissal
Suspension
.to :. :
Dismissal
1- Day
Suspension
to
Dismissal
Written.
Reprimand
to 3-Day
Suspension
:Oral
Reprimand
to 3-Day
Suspension
Dismissal
3-Day
Suspension
to
Dismissal
3-Day
Suspension
to
Dismissal
Written
Reprimand
to 5-Day
Suspension
THIRD
VIOLATION
.... .
.FOURTH
VIOLATION
3- Day Dismissal
Suspension
3-Day . . . Di smi s sa 1
Suspension
Dismissal
Dismissal
3-Day
Suspension
to
Dismissal
Dismissal
*Refer to the Department's policy on drug-free workplace in
instances of use of alcohol or illegal drugs
8
(Interim Policy)
~
i
' .

DEFINITIONS OF OFFENSES
OFFENSE ,.
Absence without autho-
rized leave
Abuse or destruction of .. .
state - or equipment

. with vehicle:
(a)*Minor vioiation
.. ..
(b)*More . serious
clear-cut
violation
(c)*Extreme violation
.
DEFINITION
An employee's absence
due to : (1) failure
from ':lork
to obtain
permission in advance - to be absent
from work, (2) failure to follow
procedpres for reporting absence
from work,- . or, (3)
(falsification)
of the need for leave to the
- employee-s absence.
Abuse or destruction of state
- property or _equipment
A chargeable crash which is caused
by a slight negligence or
. carelessness, which does not have
' the potential for serious injury.
by greater negligence or
carelessness and which has the
potential for . serious injury or
damage.
by driving in a reckless or
irresponsible . manner, or with
gross disregard for the safety of
persons or property, or a crash
which exhibits willful abuse of
authority.
*Chargeable crashes which occurred more than three years prior to
the current crash will not be considered for the purpose of
progressive discipline. Upon reviewing the circumstances
surrounding a traffic crash which occurred in an agency vehicle,
the department may require _training to reinforce an employee-s
driving knowledge and skills. The first two minor crashes within
three years w i 11 norma-lly res u 1 t in co u n s e 1 in g in 1 i e u of
discipline.
9
(Interim Policy)

Conduct unbecoming
a public employee
Conviction . of any crime :
other than minor :.
traffic violat.ions
Cowardice (uniformed
member of : FHP)
Destroying evidence
Disclosing police
informant's name to
unauthorized persons
Excessive absenteeism
Conduct , whet he r .on or off the
job, that adversely affects the
employee's ability to continue to
perform the duties of his/her
current job, including an act
which violates decency or
morality , which d i s ~ r e d i t s the
department, or which ' -adversely
affects the department's ability
to carry out its assigned mission.
Any conviction or a crime
involving moral turpitude, a
felony or misdemeanor which
directly affects an employee's
ability to perform his/her job.
C on vic t ion inc 1 ud e s j u d i cia 1
a c c e p tan c e . o t a . p 1 e a - of g u i 1 t y o r
; nolo contendere or finding of
guilt, notwithstanding suspension
of sentence or withholding . of
adjudication.
Lack of courage displayed by a
sworn member of the Florida
Highway Patrol in performing
assigned duties or complying with
a reasonable order which relates
to an employee's job function
Unauthorized destruction or
disposition of any property or
evidence obtained in the course of
official duties without following
established policies and
p r o c e d u r e s
Unauthorized disclosure by an
employee of a person's name which
has been used confidentially by
p o 1 i c e a u t h o r i t i e s t o o b t a i n
information or evidence on the
illegal activities of others .
An attendance record of recurring
absences, even though all or a
majority of the absences were
necessary and authorized . This
also includes a pattern of
absences _by ari employee such as
consistent absences on the day
preceding or following the
employee's regular days off or
10
(Interim Policy)
r .

Failure of sworn
employee to maintain
weight control
Failure to perform
job duties
.
.
absence on the same of each
week or month, or the. use of . leave
as soon as it is earned. The
supervisor has a right to expect
employees to be available to
perform work with a reasonabl e
degree of . regularity .. The
supervisor must then determine
whether the .absences . involve a
legitimate use of approved leave,
and whethe r the absences are
ad v e r e 1 y a f f e c t in g the em p 1 o y e e "' s
work. Consequently, even
legitimate absences become
excessive to the point that
corrective action must be taken.
Failure to comply with the weight
for FHP . sworn members may
be dealt with through the
disciplinary process. Prior to
consideration of disciplinary
action for a violation of Rule
15B-7, F.A.c., the affected member
shall be provided an opportunity
to seek assistance in weight
reduction through the Employee
Assistance Program (E.A.P.). If
an employee e)..ects to participate
in the Department's E .A. P. program
and fails to adhere to the
treatment plan, disciplinary
action may be taken. Dismissal
actions for this violation will be
considered only when there is
evidence of a medical examination
and a finding by a licensed
medical physician that the
employee is unable to perform his
or her duties due to the
overweight condition.
The willful: ( 1) failure to
complete a specific assignment or
duty that i s expected as a . part of
the e mployee's job or, (2)
performance of such task at a
substandard level
11
(Interim Policy)

Failure to report
the or
suspension of .
driver- - license
Failure to report and -
. .- turn in without delay .
all properties or evi-
- dence seized, found or .
. taken officially
of records
Fighting
Gambling
. . ..
.
!
. . .
Failure by an employee to
the supervisor immediately
revocation or iuspension of
her driver's license when
is a job-related function.
notify
of the
or
driving
Failure to care for, control,
report, process and turn in all
property may come into an
employee's possession . in the
of official . duties in
accordance with prescribed
policies and px:ocedures. When the
evidence or property consists of
_ fir.earms, jewelry, currency,
negotiable securities or other
such items which . by their nature
can -be or are easily converted to
use . or gain, . these
factors will be considered as an
aggravating factor and used in the
determination of degrees of
discipline.
An intentional act of
.misrepresentation, falsification
or omission of any material fact,
whether oral or written, on such
records as, but not limited to,
time and attendance (leave);
employment status; employment
. application; travel vouchers;
driver licenses; identification
(I.D.) card applications; work and
production records; licensures or
c e r t i f i c a t e s S u .c h r e co r d s s h a 11
include, but not be limited to,
records or documents of an
official nature such as: court
testimony, leave and attendance
reports, affidavits, sworn
statements , citations , written
warnings, and correction cards.
A hostile encounter with another
person which involves blows being
struck or other personal violence.
Playing a game for money or other
thing of value. Gambling is
forbidden on departmental property
or while on -duty
12
(Interim Policy)

............
0

Giving false testimony
Harassment . sexual,
racial, religious,
national . origin, and
handicapped
Horseplay
Improper or unauthorized
use of stat e . property or
equipment
Imp rope r p o 1 i tic a 1 .a c t i vi t y
Improper uniform or untidy
person while on duty
Knowingly giving a false statement
under oath in an official or
unofficial proceeding
Slurs, derogatory statements,
discriminating remarks, or other
verbal or physical conduct of a
discriminatory nature (sexual,
racial, religious, national
o r i g i n , and ; hand i cap p e d ) w hi c h a r e
offens_ive and objectionable to the
recipient and have the purpose or
effect of interfering with the
recipient's job performance.
Actions which, even though
intended to be mischievous or
prankish, disrupt or have the
; effect of disrupting the work of
the participants, including other
employees and members of the
public.
Use of any state property, credit
cards, telephone system, or
equipment for any purpose other
than official state business.
Restitution may be required
Participation in any political
campaign while on duty or using or
attempting to use one's official
position as an employee to
influence a campaign or political
activity as defined by DHSMV
Management Policy 11017, or
violation of the laws of Florida
or the United States in regard to
political activity by public
employees.
Failure of uniformed employees to
maintain their uniforms in a neat
and clean condition, or failure to
repair and/or replace a damaged
uniform.
13
(Irrterim Policy)

Insubordination

. . .
.. .
an
Leaving the \iorkstation
without authorization
Loafing
Deliberate refusal to i obey _ a
reasonable order given by a
supervisor which relates to an r
employee's job function. Includes
' both an expressed refusal to obey
a proper order, as well as a
deliberate failure to carry out an
order.
Any attempt to interfere with an
of f i c i ,a 1 in v e s t i g a t i on t h a t w o u 1 d
include but not be limited to
coercion witnesses or parties
involved, withholding or
destruction of evidence or any
other material facts or _tangible
items that would be relevant to
the investigation. An official
is any criminal Qr
administrative investigation . by a
law enforcement agency, including
the Florida Highway Patrol, or any
investigation conducted by a
division of the department
p u r s u a n t t o i t s .. d u t i e s . a n d
responsibilities . . , .. An FHP
investigation is any investigation
for which a case number or
complaint number has been assigned
or any investigation ordered by
the Director of the Florida
Highway Patrol or the Executive
Director of the Department of
Highway Safety and Motor Vehicles .
Absence from the work area or duty
assignment during a work period
without permission of the
supervisor. Includes
leaving a work area for a lunch or
rest break prior to or at the end
of the work schedule without
proper authorization when such
permission is a specific
requirement .
Continued and deliberate idleness
during work periods which results
in the employee's failure to
perform assigned tasks. This
includes, but is not limited to,
deliberately wasting time,
engaging in idle talk or gossip or
conducting personal business
during work periods.
14
(Interim Policy)
i

~ .
Maltreatment of prisoner or
others
Negligence
Po s s e s s i on , ~ s a 1 e ,
or .use of alcohol
on the job*
transfer
or drugs
Use of - corporal punishment,
neglect, or physical . abuse to a
person under custody or being
detained.
Failure to use ordinary or
reasonable care in, or the
omission of or -inattention to, the
performance of assigned duties and
responsibilities. Negligence is
synonymous with carelessness and
,. signif-ies lack of care, caution,
attention, diligence or discretion
and includes the loss of state
property and equipment.
The possession, sale, distribution
or use of alcoholic beverages or
-- nonprescribed or illegal drugs on
state property and/or during work
activities and/or . while using a
state vehicle. Includes the
unlawful use of controlled
substances, the unlawful
possession or sale of alcohol or
controlled substances, and the
storage or bringing into any
Department facility or premises
alcohol or controlled substances.
It should be noted that an
employee may be disciplined for
any criminal law violation
associated with alcohol or
substance abuse. However, the
possession or storage of alcohol
or controlled substances which are
required to be possessed, sold, or
transferred in the performance of
official duties, or held as
evidence, or are prescribed drugs
for illness of the employee does
not constitute a violation of this
offense. Note: Sworn law
enforcement officers or duty
officers will be dismissed for the
unlawful possession, use, sale, or
transfer of drugs as defined in
the Florida Statutes.
15
(Interim Policy)

Possession, sale, _
or use of drugs
job* . : -
'
:. :; ''": . .
...
.... .
Sleeping on duty
transfer
off the
. : ;, :
Soliciting or accepting any
gift, : loan, . gratuity or
money for improper purposes
The possession, sale; distribution
or use of nonprescribed or . illegal
. ... drugs. Includes the unlawful use
of controlled substances, the
unlawful possession or s a ~ e of
controlled substances, and the
storage or bringing into any
Department facility or premises
alcohol or controlled substances.
It should be _noted that an
employee may be disciplined for
any criminal law violation
associated with alcohol or
substance abuse. However, the
.. possession or . storage of alcohol
or controlled substances which are
required to be . possessed in the
performance . of official duties, or
~ h e l d as evidence, . or , are
. . prescribed drugs for illness of
the employee does not constitute a
violation of this offense. Note:
.. Sworn law enforcement officers or
duty officers will be dismissed
for the unlawful possession, use,
__ sale, or transfer of drugs as
. defined in the Florida Statutes
Failure of
awake while
an employee
on duty.
to remain
Soliciting or acceptance of any
gratuity, loan, bribe, promise of
future employment, favor or
service that would cause the
elllployee to be influenced in the
exercise of official duties or
that is based on an understanding
that any official action or
judgment of the employee may be
influenced thereby.
16
(Int e rim Policy)
.. -

Str i king or
related The concerted failure of employees
concerted .activity
'.
'.
Tardiness
Theft
Unauthorized distribution
of written or printed
material of any description
" ... . to report for duty; the concerted
.. absence of employees from their
positions; the concerted stoppage
' of work by employees; the
. concerted abstinence in whole or
in part by any group of employees
from the full and faithful
:performance of the duties of
employment with a public employer
for the purpose of inducing,
:: ... i n f 1 u e n c i n g , . .. .c 0 n d 0 n i n g , 0 r
. :: .. coercing a change in the terms .and
... : conditions ~ f employment of the
. :rights, privileges, or obligations
of public employment, or
. -parti_cipa ting in a deli berate and
... concerted course of conduct which
... adversely affects the services of
the public employer '; the concerted
failure of employees to report to
: work after the ex pi ration of . a
: collective bargaining agreement;
. -: and picketing in furtherance of a
.work stoppage.
Failure to follow established work
schedules. Includes reporting
late at the beginning of the work
schedule, or returning late from
lunch or rest breaks, all without
advance approval. However,
failure to report to work within 2
hours of the beginning of the
workday without advance approval
shall constitute "absence without
authorized leave," and the
appropriate penalty will be
applied t h e r e t o ~
Unauthorized taking of another-s
property, including the property
of the state, other employees, or
a member of the public.
Employees are prohibited from
soliciting or distributing
petitions or literature for any
purposes other than official
business (excluding agency
endorsed fund drives) on
departmental property or at any
17
(Int e rim Policy)

Unauthorized solici-
tation or sales : on
premises .
other place while on duty.
Employees are to . solicit
a n d d i s t r i b u t . e 1 i t e r a t u r e o r
materials during their free time
(nonworking hours) provided such
solicitation is not in work areas
an4 does not involve other
. employees who . are working.
Nonworking time includes lunch
' p e riods and rest periods.
Solicitation of an employee or a
state member of the public by another
employee, including the
distribut.ion of material, for any
purposes. not specifically
. authorized by the state while the
employee who is soliciting is on
.... duty.
. Under
alcohol
the : job*
the influence
or drugs while
of
on
Reporting to
taking drugs
the job, drinking or
on the job, or in any
under the influence
beverages, illegal
any chemical or
. '
Unlawful or careless use or
display of a weapon
manner being
of alcoholic
drugs, or
c o n t r o 1 1 e d
prohibited.
enforcement
officers will
substance is
Note: Sworn law
officers or duty
be dismissed for the
unlawful possession, use, sale, or
transfer of drugs as defined in
the Florida Statutes.
Possession of an unauthorized
. weapon while on duty or on the
Department's premises or while in
Departme nt vehicles is
prohibited. This also covers any
viblation of a department or
division policy concerni ng the
use, possession or display of
weapons.
*Refer to the Department's . policy on drug-free workplace in
18
( Interim Policy)

Using threatening, profane
or abusive language to
others
of statutory
authority, rules,
regulations; or policies
Withholding information on
wanted persons
General swea ring, profanity, and
obscenities, threatening language
or insults, including racial,
sexual, ethnic or religious
insults. The misconduct may be
directed by an employee toward a
supervisor or a fellow employee ,
or the public when an employee has
to deal with the public, or by a
supervisor toward an employee.
An act which is a violation of
statute, agency rule, regulation,
or policy that has been made known
to the employee.
Failure by an employee to report
information important to the
, apprehension of a person who is
the subject of an arrest warrant,
capias or pick up order by a judge
or Magistrate.
,. Specific Authority 110.201(2), F.S. Law Implemented 110.201(2),
110.227, History- New 11-5-80, Amended 1-1-81, 10-7-82

and Formerly 15-3.01, Amended 12-14-93.
19
(Inte rim Pol icy )

--
.. .>

t .
.. .
TROOPER p

3.03.01
FLORIDA HIGHWAY PATROL
POLICY MANUAL
SUBJECT
CODE OF CONDUCT: REGULATIONS
APPUCASLECALEASTANDARDS
11.4.2, 12.1 .3, 26.1.1 , 26.1.2, 26.1.3
PURPOSE
POUCY NUMBER
3.03
ISSUE DATE
02/01/96
EFFECTIVE DATE
02/01/96
TOTAL PAGES
12
To establish a code of conduct to b'e adhered to by au members of the Florida
Highway Patrol.
3.03.02 AUTHORITY
Rules and regulations set forth herein are promulgated pursuant to the authority
granted to the Director of the Florida Highway Patrol in Section 321.02, Florida
Statutes. Violation of any of these provisions may constitute grounds for the imposition
of disciplinary sanctions.
3.03.03 POLICY
It is the policy of the Florida Highway Patrol to ensure that each sworn member
is fully cognizant of his/her obligations to the Department/Division, to the profession in
which the member has elected to serve and to the citizens of the State of Florida.
Regulations delineated herein will govern the activities of sworn members of the
Division. both on and off duty.
3.03.04
A.
B.
OBJECTIVES
To promulgate regulations which will govern the performance of duties
by members of the Florida Highway Patrol and the conduct of their
affairs while in an on or off-duty status.
To ensure that all members have knowledge that the commission of any
act or omission of any act which constitutes a violation of any of the
regulations, directives, policies, procedures or orders of the Division,
either written or oral. stated in this directive or elsewhere. will
constitute justification for disciplinary action .
POLICY 3.03 - 1

3.03.05 RESPONSIBILITY
It shall be the responsibility of each member of the Florida Highway Patrol to
conform to the code of conduct.
3.03.06
A.
....
REGULATIONS
The regulations set forth in this directive shall apply to all swom
members of the Highway Patrol.
1. Members will uphold the Constitutions of the United States and
the State of Florida, obey all federal, state and local laws in which
jurisdiction the member is present, and comply with court
decisions and orders of courts.
2. A conviction for violajion of any law, other than traffic infractions,
shall constitute prima facie evidence of a violation of this
directive.
..
3. Members will promptly obey any lawful orders of a superior. This
will include orders relayed from a superior by a person of the
same or lesser rank or by a duty officer via radio.
4. Members who are. given an otherwise proper_ order which is. in
conflict with a previous order, rule, regulation or directive will
respectfully inform the supervisor issuing the of the conflict.
If the superior issuing the order does not alter or retract the
conflicting order, the order will stand. Under these
circumstances, the responsibility for the conflict will be upon the
superior officer. Members will obey the conflicting order and will
not be held responsible for disobedience of the order, rule,
regulation or directive previously issued.
5. Members will not obey any order which they know or should know
would require them to commit any illegal act. If in doubt as to the
legality of an order, members will request the issuing officer to
clarify the order or obtain his/her permission to confer with higher
authority.
6.. Members _ will conduct themselves 011 and offduty in such a
manner so that their actions and behavior reflect favorably on the
Divisio"n". Membe'rs will not engage in conduct which discredits the
!ritegnty-_- of the qivis_ion. or.' its employees, or which impairs the
()f the
7. Members will maintain a of moral conduct in their personal
and business affairs which is in keeping with the highest
standards of the law enforcement profession. Members will not
participate in any incident involving moral turpitude, which impairs
POLICY 3.03 - 2

8.
their ability to perform as Jaw enforcement officers or causes the
Florida Highway Patrol to be brought into disrepute.
Members will report for duty at the time and place required or
report their : inat:?ility .to. do by . notifying their or
.. officer two prior to the beginning of their
tour of ;duty. Members will not leave their assigned duty posts
during .. a tour of duty except when authorized by proper authority.
.. .. . Members will be physically and mentally fit to perform their duties.
9.
They . will be proper1y equipped and cognizant of information
required for the proper performance of duty so that they may
immediately assume their duties. Any legally issued subpoena
shall constitute an order to report for duty.
Members will . respond .in a prompt manne(approprjate .. to . the
cireumstanee$ dispatched :or ordered to respond to a
situation. . Postponing response. or failure lo respond .will be
grounds :
. .':. . . " .. . : ..
10. Members will not feign illness or injury, falsely report themselves
ill or injured, or otherwise deceive or attempt to deceive any
official of this Division or any other governmental agency or any
individual authorized to conduct such an inquiry as to the
condition of their health.
11. Members will remain awake while on duty. If unable to do so,
they will notify their superior officer, who will determine the proper
course of action. ..
'
12. Members will maintain sufficient competency to proper1y perform
their duties and assume the responsibilities of their positions.
Members will perform their duties in a manner which will maintain
the highest standards of efficiency in carrying out the functions
and objectives of .. the. Division. Unsatisfactory performance may
be demonstrated by a lack of knowledge of the application of the
laws required to be enforced; an unwillingness or inability to
perform assigned tasks; the failure to take appropriate action on
the occasion of a crime, disorder or other condition deserving
police attention; or absence without leave. In addition, other
indications of unsatisfactory performance are: repeated poor
evaluations or a written record of repeated infractions of rules,
regulations, directives or orders of the Department or Division.
13. Members will not solicit or accept from any person, business, or
organization any gift (including money, tangi.ble or intangible
personal property, food, beverage, loan, promise, service or
entertainment) for the bef)efit of the member or the Division, if it
may be reasonably be inferred that the person, business, or
organization:
POLICY 3.03 - 3

a. Seeks to influence action of an official nature or seeks to
affect the performance or non-performance of an official
duty.
b. Has an interest which may be substantially affected
directly or indirectly by the performance or non-
performance of an official duty.
Acteptance of door prizes and gifts at conferences where the
member is representing the Department or Division will be
govemed by Management Manual Policy #004, Section IV.M.
. . .
14. Members will not use their official position, official identification
cards, or badges for.
15.
16.
a. Personal or financial gain for themselves or others.
b. Obtaining privileges not otherwise available to them
except in the performance of duty.
c. Avoiding consequences of illegal acts.
Members will not lend to another person their identification cards
or badges, or permit them to be photographed or reproduced
without the approval of the Director .
Members may accept reward moneys. However, no member will
accept or solicit any fee or compensation growing out of the
performance of official duties unless authorized by the Division
Director. Moneys or property which are found in the performance
of official duties may not be personally retained by the member
but will revert to the State::.
17. Members will not authorize the use of their names, photographs
or official titles which identify them as officers, in connection with
testimonials or advertisements of any commodity or commercial
enterprise; without the approval of the Director.
18. Members will not recommend or suggest in any manner, except
in the transaction of. personal business, the employment or
procurement of a particular product, professional service or
commercial service (such as an attomey, ambulance, or towing
service) when such service is necessary and the person needing
the service Is unable or unwilling to procure it or request
assistance. Members Will proceed in accordance with
established Division procedures. This will not include any
recommendation made in the performance of official duties which
is in the best interest of the Division and does not provide benefit
to the officer, or his family and/or personal -or business
associates.
POLICY 3.03 4

19 .
Members will be courteous to the public. Members will .be tactful
in the performance of their duties. will control their tempers, and
exercise the utmost patience and discretion and will not engage
in argumentative discussions even in the face of extreme
provocation. In the performance of their duties, members will not
use coarse, violent, profane or insolent language or gestures,
and will not express any prejudice concerning race, religion,
politics, national origin, lifestyle or similar personal characteristics.
20. Members will carry their identification cards (and badge when
carrying a weapon) on their person at all times, except when
impractical or dangerous to their safety or to an investigation.
Members will make every effort to ensure the security and
safekeeping of the identification card and badge at all times.
They will furnish their name and identification number to any
person requesting that information, when they are on-duty or
while holding themselves out as having an official capacity,
except when the withholding of such information is necessary for
the performance of police duties or is authorized by proper
authority.
21. When any person needs assistance or advice, or makes
complaints or reports. either by telephone or in person, all
pertinent information will be obtained in an official and courteous
manner and will be properly and judiciously acted upon
consistent with established procedures.
22. Except as necessary in the performance of official duties, or
where unavoidable because of family relationships, members will
avoid regular or continuous associations or dealings with persons
whom they know, or should know, are under criminal investigation
or indictment, or who have a reputation in the community or the
Division for present or past involvement in felonious or criminal
behavior.
23. Except in the performance of duty or while acting under proper
and specific orders from a superior officer, members will not
knowingly visit, enter or frequent a house of prostitution,
gambling house or establishment wherein the Jaws of the United
States. the state or local jurisdiction are violated.
24. Members will not engage or participate In any form of illegal
gambling at any time, except in the performance of duty and
while acting under proper and specific orders from a superior
officer .
. 25. . Members will not publicly criticize or ridicule the Department or
Division, its policies or other employees by speech, writing or
other expression, where such speech, writing or other expression
is defamatory, obscene, unlawful, undermines the effectiveness
(Revised 09/01/96)
POLICY 3.03- 5

26.
27.
28.
of the Department or Division, interferes with the maintenance of
discipline or is made with reckless disregard for truth .
Members will not address public gatherings, appear on radio or
television, prepare any articles for publication, act as
correspondents to a newspaper or a periodical, release or divulge
information or any other matters of the Division while holding
themselves . out as representing the Division in such matters
without the approval of the gistrict/troop commander/Division
Director.
Members will not accept compensation, honorariums or permit
their expense to be paid by sources other than the State of
Florida for speaking or writing assignments performed as part of
their official duties unless specifically -authorized by the Director
or his/her designee. ~
Members will not undertake any financial obligations which they
know or should know they will be unable to meet and will pay all
just debts when due. An isolated instance of financial
irresponsibility will not be grounds for discipline except in
unusually severe cases. However, repeated instances of
financial difficulty may be cause for disciplinary action. Filing for
a voluntary bankruptcy petition will not, by itself, be cause for
discipline. Financial difficulties stemming from unforeseen
medical expenses or personal disaster will not be cause for
discipline, provided that a good faith effort to settle all accounts is
being undertaken. Members will not co-sign a note for any
superior officer.
29. Members shall ensure that their supervisor, the troop commander
and the duty station to which they are assigned are aware of their
current residence address and telephone number at which they
can be contacted for emergency notification/call out purposes.
Any changes must be reported to components/personnel
referenced above within 48 hours after they take place.
30. Members will not interfere with cases being handled by other
members of the Division or by any other governmental agency
unless:
a. Ordered to intervene by a superior officer.
b. The intervening member reasonably believes that a
manifest injustice would result from failure to take
immediate action. When intervention occurs, a report of
such intervention will be made to a superior officer as
soon as possible .
POLICY 3.03 - 6
31.

32.
33.

34.

Members. will .not ; undertake any , Investigation . or other official
action .. riot o{ Jheii without obtaining permission .
from their superior. officer.- unless the exigencies of the situation
require immediate police action.
Members will treat the official business, evidence, documents and
. :photographs of the .:: Division as . confidential. Information
officlal will be .disseminated in accordance
with proc:edures. - Members .may remove or copy
official records or reports from a police Installation only in
accordance with established. Members will not

or release items of
members. of the news
media or others" outside the criminal justice system without the
expres.s permission pt the. applicable Deputy Director.
. ' .. ._ ,,, . ..
Involvement in political activities will not be permitted during
members' on-duty activities include soliciting or
receiving any contribution for any political party or cause, or
storin.g, posting, carrying or distributing political literature of any
nature. Specifically, Florida Statutes provide that members shall
not:
a .
Hold or be a candidate for public or political office while in
the employment of the State or take any active part in a
political campaign while on-duty or within any period of
time during which they are expected to perform services
for which they receive compensation from the State.
However, when authorized by the agency head and
approved by the Department of Management Services,
employees In the career service may be a candidate for or
hold a local public office which involves no interest which
conflicts or interferes with that state employment.
b. Use authority of their position to secure for or oppose, any
candidate, party or issue in a partisan election or affect
the results thereof.
c. Use any promise of reward or threat of loss to encourage
or cause any employee to support or contribute to any
political issue, candidate or party.
d. Perform any police duty connected with the conduct of
any election.
Members will submit all necessary reports on time in accordance
with established procedures. Reports submitted by members will
be truthful and complete, and no member will knowingly make
false statements, charges or allegations in connection with any
POLICY 3.03 - 7

35.
36.
.citations, warnings, assistance rendered, crash reports, field
reports, investigative reports, computer entries or by any other
means which creates an -official record of the Department or
Division.
Property or evidence which has been discovered, gathered, or
received in connection with official responsibilities will be
processed in accordance with established as
specified In Chapter 12 of this Manual.
Members will not convert to their own use, manufacture, conceal,
falsify, destroy,remove. tamper with or withhold any property or
evidence in connection with an investigation or other police
action, except in accordance with established procedures.
37. Members will not ... make false accusations of a felony,
misdemeanor, traffic, petty offense or administrative charge.
38. Members will utilize Division . equipment only for its intended
purpose, in accordance with established Division procedures and
will not abuse or damage Division equipment. Members will use
reasonable care to avoid loss of equipment. All equipment
issued to members will be maintained in proper order.
39 . Members will operate vehicles in a careful and prudent manner,
and will obey all laws and all Division directives pertaining to such
operation. .Loss suspension .of any driver license will be
reported to .the .Division immediately.
40. Upon the order of the Director, Deputy Director or a superior
officer, members will truthfully answer all questions specifically
direded and narrowly related to the scope of employment and
operations of the Division which may be asked of them.
41 . Members are required to truthfully answer questions by, or render
material and relevant assistance to, competent authority pursuant
to ariy official investigation undertaken by the Florida Highway
Patrol. However, this rule shall not supersede the member's
Constitutional rights concerning self-Incrimination if the
investigation that criminal prosecution will be brought
against the member from which such statements/assistance is
sought.
42. Members will not mistreat persons who are in their custody.
Members will handle such persons in accordance with law and
Division procedures .
POLICY 3.03 - 8

43 .
44.
Members .will not use more force in any situation than is
reasonably necessary under the circumstances. Members will
use force in accordance with procedures outlined in Chapter 10
of this Manual.
Members will not make any arrest, search or seizure which they
know or should know is not in accordance with law and Division
procedures.< . . =.
45. Except when acting under proper and specific orders from a
superior officer, . members on-duty will maintain a neat, well-
groomed appearance in accordance with Chapter 6 of this
Manual.
46. Members will not consume intoxicating beverages while on-duty
except in the performance of duty, and in those instances, never
to the extent that the member's ability to perform an official
assignment or function is impaired.
_, f . ,. -
47. Member$ will :appear for duty while under the influence of
irytoxicar:"ts.: to .. an}(
1
'degree whatsoever or with an odor of
intoxicants. on thek .breath. . :
. . .... -:: - .. . "' .... . . . . .
48. Except in the performance of duty, members in uniform will not
enter any establishment or place where the principle business is
the sale of alcoholic beverages.
49. i Will -.not.- Operate . vehicles after consuming
alcoholjc , beverages while o!'l-duty ' or in . uniform unless such
is necessitated by the nature of a duty assignment.
In any : cas,, . members will not operate Division vehicles after
consuming alcot,lolic beverag'es to the point of impairment
50. Members, while off-duty, will refrain from consuming intoxicating
beverages to the extent that it results in impairment, intoxication,
or obnoxious or offensive behavior which discredits them or the
Division, or renders the members unfit to report for their next
regular tour of duty.
51. Members will not possess or use cannabis or any controlled
substances except when prescribed by law and Division
directives or . by .. a physician or dentist. When controlled
prescribed .or . other. medication is being used,
members Will notify their .superior officer .if the use will affect their
job performance.
Members will not store or bring into any police facility or vehicle
alcoholic beverages, controlled substances, cannabis derivatives,
except alcoholic beverages, controlled substances, or cannabis
POLICY 3.03 9
.
-
.,
.
.,

53.
54.
derivatives which are held as evidence, used for training or other
official capacity.
Members will reside within the State of Florida, and will comply
with the provisions of Chapter 5 of this Manual regarding the
location of such residence.
Personal activities or associations of a member that knowingly
create an apparent or real conflict of interest with the conduct of
official duties are prohibited .. A conflict of interesr arises when a
member's private interest, whether of a financial nature or
otherwise, conflicts with the member's impartial conduct of official
duties and responsibilities.
55. Members will notify supervisory personnel when they receive an
assignment involving -a person or group with whom the member
has had social, business, or other relationships of a nature that
might impair or give the appearance of impairing the member's
impartiality or independence in .the conduct of an assignment.
56. Any employee who, without the approval of a supervisor, fails to
appear when scheduled to Wc>r1<' shall be considered absent
without authorized leave and will be disciplined according to the
disciplinary standards: :The employee shall also be
subject to all pr:ocedures_'outlined In Rule 60K-4.010(2), Florida
Administrative Code. .. -- - ..
57. Members will, upon being subpoenaed, attend court or quasi-
judicial hearings. When appearing in court on Division matters or
investigations, either the official uniform or clothing conforming to
standards imposed on members working in plain clothes will be
wom. Weapons will not be displayed unless wearing the uniform.
Members will present a neat and clean appearance, avoiding any
mannerism which might imply disrespect to the court.
58. Any member personally subpoenaed to testify in any trial or
hearing will notify a supervisor upon receipt of the subpoena,
notice, or request to do so. This provision does not apply to
subpoenas received and logged in accordance with the Court
Attendance and Verification policy.
59. Any member who has knowledge of actual or suspected criminal
activities or is about to conduct a criminal investigation will notify
a supervisory officer orally or in writing.
60. Members will not obstruct any investigation by destroying,
altering, concealing or disguising real evidence, or by planting
false evidence or furnishing false information to lawful authority .
POLICY 3.03 - 10

61 . Members will not induce a witness or any other person who has
knowledge regarding any issue under investigation by the
Division, or any other law enforcement agency, to make false
statements, withhold information, conceal information, absent
themselves or otherwise fail to cooperate with lawful investigating
authorities.
62. A member will not volunteer to testify in civil actions and will not
testify unless lawfully and propef1y subpoenaed or when directed
to do so by the member's commanding officer upon the advice of
the Division legal section. If a subpoena arises out of
Department or Division en:iployment or if the is informed
that he/she'is a partY toa avu action arising out of Department or
Division employment. : he/she will . immediately notify his/her
commanding officer of the service or notification. and of the
testimony he/she is prepared _to give. Members and employees
will not enter into any finanCial "understanding for appearances as
witnesses pnor to any trial.
63. Members .will confer .with their supervisors before giving a
deposition or affidavit in a civil matter. . . .
64. Members will not serve civil process or assist in civil cases unless
the specific consent of the Director is obtained.
65. When a member aware th_at he/she is the subject of an
by .. a :government agency other than the Florida
Highway Patrol, . he/she . will immediately . notify his/her
commanding offieer and inform hiinlher of the circumstances
surrounding the .: inCident investigated, -. the agency
conducting said investigation and what actions he/she has taken
to resolve the matter.
66. Members shall not submit to any interview or give a statement
concerning the of their official .duties to any officer
or official of another agency, either federal, state, or local, without
67.
first informing their troop commander.
When a law enforcement officer or an agent from another law
enforcement agency a member of the Florida Highway
Patrol to submit to an inter-View concerning a non-duty related
issue, the member shall inform the troop commander as soon as
possible: Participation in the interview shali be at the discretion of
the member. .
Whenever a member is subpoenaed to testify in a civil or criminal
proceeding other than Department or Division related, the
member will appear and testify on his/her own time and will
provide his/her own transportation. The appearance and
testimony will be made in appropriate civilian attire.

68 . Members will not engage in any conduct that constitutes sexual
harassment . as herein .. defined. The tenn sexual harassment,
within . the context of .. Department and Division employment
indudes any unwelcome sexL!al advances, requests for sexual
favors, arid other verbal or physical conduct of a sexual .nature
when:
a. Submi ssion to such conduct is made, either explicitly or
implici.tly, ... a term of . condition of an individual's
employme.nl
b. Submission to or rejection of such conduct by an
individual used as the basis for employment decisions
affecting such individual, or
c. Such the purpose or effect of interfering with
an individual's work performance or creating an
intimidating, hostile, or offensive woi'King environment.
69. Members will not engage in any conduct that constitutes racial,
ethnic, or gender harassment as herein defined. The term racial,
ethnic, or gender harassment, within the context of
Department/Division employment, indudes any action which may
reasonably be interpreted as derogatory to a particular race,
ethnicity, or gender and such conduct has the purpose or effect
of unreasonably interfering with an individual's work perfonnance
or creating an intimidating, hostile or offensive working
environment.
B. REGULA liONS FOR SUPERVISORS
1. Supervisory personnel will be responsible for subordinates'
adherence to Department or Division rules, regulations, policy,
orders, directives and procedures.
2. Supervisors . are responsible and accountable for the
maintenance of discipline and will provide leadership, supervision
and example to ensure the efficiency of Division operations.
3. Supervisors are responsible for the job performance and
development of all subordinates placed under them.
4. Authority and functions may be delegated to subordinates but
responsibility remains with the supervisor who made the
assignment.
5. Supervisory personnel remain answerable and accountable for all
job .f'elated failures on the part of their subordinates when the
supervisor was aware of the potential for failure and failed to take
the appropriate action to correct the deficiency.
POLICY 3.03 12

Transcribed by: Sharon A. Dawson
Date: 03/08/99
AL: Captain Arthur J. Lane
JW: Trooper Jeffrey A. Wright
INTERVIEW OF TROOPER JEFFREY A. WRIGHT
BY CAPTAIN ARTHUR J. LANE
AL: I am Captain Arthur J. Lane of the Florida Highway PatroL I will be conducting
the interview of Trooper Jeffrey A. Wright of the Florida Highway Patrol.
At this time, I would like to inform you that this interview is being recorded.
This interview is being conducted according to requirements of Article 7, of the
P.B.A. Collective bargaining Agreement that specifically relate to the interview of
a witness who is not the subject of the investigation.
You may request and secure the attendance of a representative during this
interview. Do you request such a representative?
JW: No, sir.
AL: As a Law Enforcement Officer, pursuant to Sections 117.10 and 92.50, Florida
Statutes, I have the authority to administer an oath in connection with the
performance of my official duties. Any person making a false statement under
oath may be guilty of perjury and be subject to the penalties of law.
Trooper Wright, would please raise your right hand!
Do swear or affirm that the statement you are about to give will be the truth, the
whole truth, and nothing but the truth?
JW:- Ido.
AL: Chief John T. Czernis of the Florida Highway Patrol, is the officer in charge of this
investigation. The interview is being conducted at the Orlando FHP station. The
date is 26 February, 1999 and the time is 9:08a.m.
Trooper Wright, are you now on duty?
JW: Yes, sir.
AL: Specific Nature of this, of the Violations of what I'm looking at is to determine if
Captain Schmidt violated State Statute 800.03 Exposure of Sexual Organs or FHP

Page -2-
3.03 Code of Conduct: Regulations or any other policies. Would you please state
your name and spell it for the record?
JW: I'm Trooper Jeffrey Allen Wright. J E F F R E Y A L L EN W R I G H T.
AL: You're employed by whom?
JW: The Florida Highway Patrol.
AL: How long?
JW: 10 years.
AL: What is your present rank or title?
JW: I'm a trooper.
AL: Are you a member of the Tactical Response Team?
JW: Yes, sir, I am.
AL: How long?
JW: ~ approximately six and a half years.
AL: What county are you assigned?
JW: I'm assigned to Brevard County.
AL: And who is your district commander?
JW: Captain Joe Schmidt.
AL: Who is the commander of the TRT?
JW: Captain Joe Schmidt.
AL: In May of 1998, you attended a training session at Orange County and I'll show
you here your name and it has a P beside it, which means present, Orange County,
the date was May 5, 1998, Building Searches, Cooper Physical Assessment. Do
you recall what training session?

Page -3-
JW: Uh, I don't recall the specific, but I recall the session.
AL: During this training session, or this May training session, was a bionic situp done?
JW: Yes, it was.
AL: Did you volunteer to do the bionic situp or were you chosen?
JW: I was chosen.
AL: Were you explained what a bionic situp ... did they explain to you what a bionic
situp was?
JW: Yes.
AL: Priorto ... ?
JW: Yes.
AL: Okay, well, what did they tell you?

JW: They told me that, uh, if they put a rag over my face, it was, it would be impossible
for me to do a situp with slight pressure on my forehead.
AL: Were you placed on the ground?
JW: I, I got down on the ground?
AL: On your back?
JW: On ... yeah. In a situp position.
AL: You raised your knees. Your legs up to the situp position? .Uh, did they put a rag
across your head?
JW: Yeah, it was like a, just a, small towel; like a handtowel.
AL: Were you handcuffed?
JW: No, sir .

Page -4-
AL: Were you ever placed on your knees and, uh, Captain Wright, Captain Wright,
Captain Schmidt walked up to you and placed his genitals right in your face?
JW: No, sir.
AL: While you were down on the ground, who placed their finger on your forehead?
JW: I'm not sure.
AL: Did Lieutenant DiPace place his finger on your forehead?
JW: I'm not sure. I don't know who did. I believe Lieutenant DiPace was there, but I
don't know who had their ... I had the towel on my head.
AL: Did anyone straddle you while you were down on the ground? Stand over you?
JW: Yes.
AL: And who was that?
JW: It was Captain Schmidt.
AL: Did you ever perform the situp?
JW: Approximately ... well, yeah, I did the situp.
AL: When you sat up what did you observe?
JW: I didn't observe a lot, urn, at first. Urn, while I was doing the actual situp, urn, I
guess they didn't pull the towel from my face. The towel just kinda fell down and I
didn't, didn't see really anything. What I saw when, while I doin' the situp, I was
about half way up, was Captain Schmidt standing over me and then he started
walking away and he was pulling his pants up.
AL: At the time you noticed him, were his shorts and undershorts down?
JW: His shorts were down, but he was pulling up, uh, his undershorts. And they, they
weren't down passed, I mean, they weren't down below his knees or anything like
that. They were just, you know, down a little bit and then he was pulling them up .
AL: Did you observe his buttocks?

Page -5-
JW: (Sigh) (Pause) Probably, one cheek.
AL: Did your face ever make contact with his person?
JW: No, sir.
AL: Did you ever see his genitalia?
JW: No, sir.
AL: Now, most, if not all the people that I've talked to state that when you did your
situp, your towel fell off and that your face either had contact, some said you had
contact and some said that you came within an inch or very close to his buttocks.
Do you remember anything like that?
JW: As to having contact, I didn't feel anything touch my face. Urn, as far as how close
I came, I don't know. I had a towel on the front of my face when I was doing the
situp. And I believe .. .
AL: Well, I'll tell you ...
JW: We can demonstrate it right now . . .
AL: No, no, that's fine. I'm saying, people are saying that your towel fell off as soon as
you sat up.
JW: See, that's not true. That's not the case. The towel actually just kind of fell down
while I was sitting up.
AL: Oh, it wasn't tied around your head?
JW: No, it wasn't tied around. It was kinda draped over and it was rolled and it was
draped over and I guess the bridge of my nose and the way it was set on my face,
when I was coming up, if I'm in a situp position, and I can demonstrate that for
you. (He proceeds to demonstrate on the floor) I'm laying down in the situp
position, I got a towel on my face. From this point probably to about this point,
with, with my knees up, I mean, if you look, physically with my knees up like this,
it's impossible for me to go all the way up to this point. I mean, usually, when we
do a situp, your hands are behind your head like this and when you do a situp you
can get to there, but you really have to struggle. Well, with my knees up like this,
this is as far as I can go when doing the situp. And you can see this, so, if his

Page -6-
buttocks is right there, I'm going to have a very difficult time touch his butt with
my face.
AL: Were you able to do the situp with the person's finger on your forehead or did they
have to release the pressure from your forehead?
JW: I could'a probably done it with their fmger (laugh) on my forehead, but I believe
the pressure was released.
AL: Were you offended by Captain Schmidt's actions?
JW: No.
AL: Do you know of anyone on the team that was offended?
JW: I don't believe anybody on the team was offended by his actions.
AL: All right. This letter, I'm not gonna let you read it, but this is the letter that was
written to Tallahassee, of the complaint. It basically indicates, or shows, or makes
you want to believe that a female wrote this letter by the way it's written and one
paragraph was,
11
I was made aware of the incident by one of my children who had
contact with other children who were talking about parents. I was very disturbed
by the incident and thought that you should be aware that civil action could be
taken. .. Did you write this complaint letter?
JW: No, sir, I didn't.
AL: Did your wife write this complaint letter?
JW: No, sir.
AL: Do you know who wrote this complaint letter?
JW: Can I read it? (Laugh)
AL: No.
JW: I don't have knowledge of who wrote it. I have suspicions, but ...
AL: And your suspicions are based not on knowing exactly who did write it just. . .
JW: Not. .. my suspicions are based on, urn, statements that were made after the situp.

Page -7-
AL: Bywho?
JW: It was more of a word of the mouth chain reaction type of thing through the
troopers. Somebody had mentioned the situp, after if occurred and, uh, people
were talk ... well, basically laughing about it. Nobody was really offended and, uh,
and this was after we talked, I thought about this whole incident and I said, "Well,
this could, this could be part of this." But, uh, there was a rumor floating around
that Tom Callin, in Cocoa, stated that, urn, he's Captain, riow. Captain Williams or
Lieutenant Williams at the time, was gonna write a complaint letter against
Captain Schmidt. And I brought it to Captain Schmidt's attention that there was a
rumor floating around about this. And this was five days after the incident had
occurred.
AL: And you heard the rumor from ... ?
JW: Other troopers in the field.
AL: Did Captain Schmidt tell you to come in and tell me that Captain or Trooper Catlin
wrote, may have written the letter?
JW: No, he didn't.
AL: Have you talked to Captain Schmidt about this incident since I talked to you last?
JW: Yes, I did.
AL: And what did you tell him?
JW: Well, I didn't tell him anything about the, the, per se, investigation. It was just
about the bionic situp and I've had, uh, five troopers come (Laugh) up to me ask
me about this thing, so obviously, you know, once you started interviewing
people .. .I mean, I had a guy, Dennis Warren, when I was teaching, called me up,
he goes, "Art Lane's talking to me about this, this, he wants to interview. You
know what it's about? You know, my Captain tells me it's about a bionic situp."
And I'm goin', "Well, secrecy." But Captain Schmidt basically told me to just
come in and tell the truth about the incident.
AL: Okay, it there anything I have failed to ask you that you would like to add to this
statement?
JW: No, sir.

Page -8-
AL: Is there anything that I have failed to ask you that is pertinent to this investigation
that should be brought out?
JW: No, sir.
AL: Upon request, you will be provided a copy of your statement at no cost to you.
Be advised you are not to discuss this case or disclose your statements to anyone
other than designated Division authority until this case is closed.
This is the end of the interview and the time is 9:21a.m .

Transcribed by: Bobbie Lewis
Date: 03-15-99
CL: Cleveland L. Johnson
INTERVIEW OF TROOPER CLEVELAND L. JOHNSON
AL: I am Captain Arthur J. Lane of the Florida Highway Patrol. I will be conducting
the interview of Trooper Cleveland L. Johnson of the Florida Highway Patrol. At
this time, I would like to inform you that this interview is being recorded. This
interview is being conducted according to requirements of Article 7 of the P.B.A.
Collective Bargaining Agreement that specifically relates to the interview of a
witness who is not the subject of the investigation. You may request and secure
the attendance of a representative during this interview. Do you request such a
representative?
CJ: No .
AL: As a Law Enforcement Officer, pursuant to Sections 117:10 and 92:50, Florida
oath may be guilty of perjury and be subject to the penalties of the law. Trooper
Johnson, would you please raise your right hand. Do you swear or affirm that the
statement you are about to give will be the truth, the whole truth, and nothing but
the truth?
CJ: I do.
AL: Chief John T. Czernis of the Florida Highway Patrol is the officer in charge of this
date is 19 February, 1999 and the time is 11:05 A.M. Trooper Johnson, are you
now on duty?
CJ: Yeslam.
AL: The specific nature of the violations is to determine if Captain Schmidt violated
State Statute 800:03, Exposure of Sexual Organs, and FHP Policy 3:03 Code of
Conduct Regulations or any other policies. Would you please state your name and
spell it for the record?

CJ:
AL:
CJ:
AL:
CJ:
AL:
CJ:
AL:
CJ:
AL:
CJ:
AL:
CJ:
AL:
Cleveland L. Johnson, C-1-E-V-E-L-A-N-D L. J-0-H-N-S-0-N.
You are employed by whom?
The Florida Highway Patrol.
How long?
Fifteen years, five months.
And what is your present rank or title?
I am a Trooper.
Are you a member of the Tactical Response Team?
lam.
How long?
Two years.
Who is the Commander of the TRT?
Captain Schmidt.
In May 1998, you attended a training session in Orange County. Let me show you
this training report form and your name shows up here and the P shows that you
were present.
CJ: Yes sir.
AL: Okay, and it shows Orange County.
CJ: That's correct.
AL: A little different up there but it' s Orange County.
CJ: That's correct, Naval Training Center, Annex.
AL: That's down south?
CJ: Right, the Naval Training Center Annex .
2

AL: Okay. While you were at this training session, did you come, do you know what a
bionic sit-up is?
CJ: I do now. I never, I didn't before.
AL: Okay. At this particular training session, was someone selected to participate in a
bionic sit-up?
CJ: Yes they were.
AL: And who was the Trooper that was selected to do the bionic sit-up?
CJ: Trooper Jeffrey Wright.
AL: What is a bionic sit-up or what did you observe?
CJ: I had no idea what was going on when they, when this, and I wasn't even in the
group that were talking about it initially. I was over to the side observing
someone finish running or something and the next thing I know a group of them
were uh talking about a bionic sit-up, and I could hear them, a little laughter or
something was going on about it, and uh the next thing I know uh, Trooper
Wright was on the ground .
AL: On his back?
CJ: On his back, and it was something to the effect that if you attempted to do a sit-up
and you're blindfolded, that you could be held down with, by one finger on the
forehead and that you couldn't raise up. Far as I know, it was one of those deals
like if you put a chair against the wall and lean over and bend your head and move
the chair, a man can't raise up but a woman can. It can't be explained. I had no
idea. I was totally in the dark about this and what was going on.
AL: Did they place a towel over Trooper Wright' s face?
CJ: Yes, it was a folded white towel.
AL: A folded white towel?
CJ: That' s what I remember it was.
AL: Was there any other type of blindfold put on underneath that or was it just the
towel?
CJ: No, it was just the towel.
3

AL: Okay. Was he handcuffed?
CJ: No.
AL: Okay. As he's lying on the ground and he has the towel over him, are his knees
raised?
CJ: Yes, in the normal bent leg, bent kneed sit-up position. I assume that's where they
were, yes.
AL: Who did you observe holding the finger to his forehead?
CJ: Uh it was Lieutenant DiPace I believe.
AL: (Intercom noise) As, as Trooper Wright was on the grotmd with the towel over
his face, did anyone walk over and stand over Trooper Wright?
CJ: As he attempted to do, as he started to raise up, yes.
AL: Who was that?
CJ: Captain Schmidt.
AL: Okay. The day of training, were y'all in shorts?
CJ: Yes, cause we were doing PI, we were doing PFIT that day. We had ran the mile
and a half and did sit -ups and push ups and a lot of physical stuff. We were all in
physical training gear.
AL: When Captain Schmidt stood over or got over Trooper Wright, did he lower his
shorts and underwear?
CJ: Yes he did.
AL: Was his back to Trooper Wright?
CJ: Yes.
AL: When he dropped his shorts and underwear, did you observe his buttocks and
genitalia area?
CJ: Yes.
AL: Did Trooper Wright complete the sit-up?
4

CJ: Yes.
AL: . Did Trooper Wright, did his face ever touch Captain Schmidt?
CJ: Yes. It happened really fast when that, when that went down, it was, if you
blinked your eye, you might have missed it but it happened really fast.
AL: They made contact?
CJ:
AL:
CJ:
AL:
CJ:
AL:
CJ:
AL:
Yeah they, boom, the towel came off and it was really fast.
Was Trooper Wright offended by what happened?
No, I don't believe so.
Were you offended by Captain Schmidt's actions?
If I had done the sit-up.
And your face?
Yes, I would have been offended, Uh appropriate? No, by any means.
So what you are saying is you feel with him going over there dropping his shorts
and underwear and what occurred that it was inappropriate for him doing this uh
say as a Captain with the Highway Patrol?
CJ: That, and there's two factors there. We were out in an open area.
END OF SIDE ONE
START SIDE TWO
AL: We are on side two continuing interview with Trooper Johnson and you left off by
saying you were in an open area with no concealment.
CJ: Right, we were in an open area of this training center where we were doing our PT
there. There, there are roads running within 25 feet from where we were at. Uh
anyone, at any time, could have drove by with a family and it was quite obvious
who we were because of all our patrol cars being there and haircuts, you know,
they know we' re State Troopers and that's it. Just I was quite embarrassed, to put
it that way. I just walked away with total shock and embarrassment cause number
one I had no idea what a bionic sit-up and number two of how it went down and
where it went down .
5

AL:
CJ:
AL:
CJ:
During your training or during this incident, did you ever see any civilian
personnel around?
Yes, yes.
Were they close or?
They were, they were people driving by, riding by on bikes. There were people
there.
AL: Do you recall if during the bionic sit-up if you ever observed anybody?
CJ: I did not see anybody at that time, at the exact moment it happened but the
potential.
AL: Was there?
CJ: Oh absolutely.
AL: Did anyone after this incident come up to you and say that they were offended by
it?
CJ:
AL:
CJ:
AL:
No, I don't remember specifically. I didn't really talk about it too much. It was
kinda left that thing alone. I knew it was a bad thing.
Do you have any idea who may have written the letter?
No sir, I do not. I would certainly hope it wouldn't be anybody from the team.
You mentioned something before and most have answered similar to what you
have said, but let me just get what I, what reaction, what would you, what would
have been your reaction had you been the person doing the bionic sit-up and your
face would have came up and got into his buttocks area? Do you have any idea? I
know it's been a while ago, other than being totally offended or upset about it.
CJ: I would have probably done something I would have regretted. I would have
probably punched, kicked or hurt someone for doing something like that to me.
Just as a reaction, I mean, because it was that bad.
AL: Do you know who initiated it?
CJ: The only person that I know that was directly involved and knew about it and
knew exactly what was going to happen for sure was Lieutenant DiPace, because
like I said, I had no idea what a bionic sit-up was and had no idea what was about
to go down none whatsoever .
6
AL: Is there anything that I have failed to ask you that you would like to add to this
statement?

CJ: No sir.
CJ: Not that I can think of.
AL: Upon request, you will be provided a copy of your statement at no cost to you. Be
advised you are not to discuss this case or disclose your statement to anyone other
than designated Division authority until the case is closed. This is the end of the
interview and the time is 11 : 15 A.M .
7

Date: 03-15-99
MJ: Trooper Michael L. Jones
INTERVIEW OF TROOPER MICHAEL L. JONES
BY CAPTAIN ARTHUR J . LANE
AL: .I am Captain Arthur J. Lane of the Florida Highway Patrol. I will be conducting
the interview ofTrooper Michael L. Jones of the Florida Highway Patrol. At this
time, I would like to inform you that this interview is being recorded.
This interview is being re, is being conducted according to Article 7, of the P.B.A.
Collective Bargaining, Bargaining Agreement that specifically relate to the
interview of a witness who is not the subject of the investigation.
MJ: No .
oath may be guilty of perjury and be subject t o the penalties of law.
Trooper Jones, would you please raise your right hand. Do you swear or affirm
that the statement you are about to give will be the truth, the whole truth, and
nothing but the truth?
MJ: I do.
AL: Chief John T. Czemis of the Florida Highway Patrol is the officer in charge of
this investigation. The interview is being conducted at the Orlando FHP Station.
The date is 18 February 1999, and the time is 9:45A.M. Trooper Jones, are you
now on duty?
MJ: Yes.
State Statute 800.03, Exposure of Sexual Organs; or FHP Policy 3.03, Code of
Conduct Regulations .

Would you please state your name and spell it for the record?
MJ: Michael L. Jones, my full name?
AL: Just, that's fine, whatever you.
MJ: Jones, J-0-N-E-S.
AL: Okay. You're employed by whom?
MJ: Florida Highway Patrol.
AL: How long?
MJ: Twenty years and three months.
MJ: Trooper.
MJ: Yes sir .
AL: How long?
MJ: Uh about 15 years.
AL: Who is the commander of the TRT team?
MJ: Captain Joe Schmidt.
AL: In May 1998, you attended a training session in Orange County, and let me show
you this attendance roster here. Is your name on there that you attended?
MJ: Yes sir.
AL: Okay. Where was the training area located for this? It says Orange County.
MJ: It was on the McCoy annex uh. The building was, it was an uh, I think it was a
day care type center that they had on the complex.
AL: Okay. Do you remember the type of training that you had that particular day?
MJ: Yes sir. It was a, it was a physical assessment training session .
2

AL: Did you have building searches also, that you recall?
MJ: Uh I, I think we did, later on, yes.
AL: Do you know what a bionic sit-up is?
MJ: I didn't know until I saw it.
AL: Okay. Dwing this training session in May, did you uh observe a bionic sit-up?
MJ: Yes.
AL: Being done or being conducted?
MJ: Yes.
AL: Who was the person that was uh required to uh do the sit-up?
MJ: Jeff Wright.
AL: Was uh, was uh Trooper Wright blindfolded?
MJ: Yes .
AL: Okay. How?
MJ: Uh that I, I don't remember if uh, if someone had their hands over his eyes or, I
don't remember if something was tied over his eyes. I don't recall but he was, he
was not able to see.
AL: Okay. Do you know if, in fact, a specific, you know, a, when we say blindfold, a
blindfold that would wrap around? Could it have been a towel over his head?
MJ: It could have been. I, you know, I just don't remember it, if someone had their
hands over his eyes or if he had something, he had something over his eyes where
he couldn't see. Now whether, it could have been a towel because we were in
gym shorts that day and somebody could have used a towel. I just don't
remember that.
AL: Was Trooper Wright placed on the ground on his back?
MJ: Yes.
AL: Okay. Was he ever placed on his knees?
MJ: I don't, don't think so .
3
AL: While he is placed, or what was your interpretation of this bionic sit-up, the way it
was explained to you?

MJ: Uh the way it was explained to me is we were doing uh the Cooper Physical
Assessment. You did so many push-ups, sit-ups, you ran a mile and a half, and so
on. After we got done with our sit-up session, uh I forgot now how it was brought
up but it was a bionic sit-up, which I had never heard of but you sat in a typical
sit-up position with your knees up, like you do a sit-up, and uh someone placed
their, just their fingers or just the tip of their fingers on the forehead and you had
to overcome that resistance and do a sit-up, and from what they told me, that's
very difficult to do. That was, and of course complete the sit-up with their hands
or fingers pushing on your head as you came up or tried to come up. That' s what
my understanding was.
AL: Do you know who brought up the uh bionic sit-up to do that day? Was it Captain
Schmidt?
MJ: It, it could, it probably was but I couldn't, I couldn' t be certain of it.
AL: Do you know who placed their finger on Trooper Wright's forehead?
MJ: No I don't.
AL: Did Trooper Wright do the bionic sit-up?
MJ: Uh no, he tried to.
AL: Did anyone stand over Trooper Wright during this bionic sit-up?
MJ: Yes.
AL: Who was that?
MJ: Captain Schmidt.
AL: Was there anything unusual that he did when he stood over Trooper Wright?
MJ: Well, he bent over and pulled his shorts down in a position that, in a position that
when Trooper Wright had completed the sit-up, his uh, his face would have been
in a private area.
AL: When, when he pulled his shorts down uh, was that he was also pulling his
underwear down or just shorts?
MJ: Yes .
4
AL: He had his underwear down too?
MJ: Yes.
AL: When Trooper Wright would have, if Trooper Wright would have come up,
would he have gone into the front of Trooper or Captain Schmidt or the rear?
MJ: The rear.
AL: When he pulled his shorts down, was he totally exposed? Could you see his
genitalia?
MJ: Uh yes from the, if you were from the back side looking, you certainly could.
AL: You could see. Were you in an area that uh the public could not observe this?
MJ: Yes, no one, we were in a, an abandoned type area in the back comer that there
was no traffic and the housing area was abandoned and locked up so there was no
else around there.
AL: Okay. All right, so you' re saying Trooper Wright did not execute the sit-up?
MJ: He, he came up. Now whether he, his head hit, you know, hit actually touched
Joe, I don't remember, but he, had he completed the process, he would have made
contact with Joe, certainly.
AL: Did Trooper Wright see Captain Schmidt with his shorts down?
MJ: No, not, not as he, not as he attempted the sit-up, no he couldn' t have because his
eyes were.
AL: Okay. After he did the sit-up, did he ever observe Captain Schmidt?
MJ: Uh I believe so.
AL: Were you offended by Captain Schmidt' s actions?
MJ: Uh yes.
AL: Andwhy?
MJ: It was, it was probably a little, little inappropriate, I mean. We were just funning
around, fooling around, but you know, he, he probably went a little too far.
AL: Do you know ifuh Trooper Wright was offended by Captain Schmidt's actions?
5
MJ: Uh that I don't know.

AL: Did you ever attend the Orange County SWAT training?
MJ: Yes sir.
AL: Did the instructor at this Orange County SWAT training ever exhibit or show the
bionic sit-up during this training?
MJ: No, I don't recall ever seeing that.
AL: Did you ever hear or do you know how this bionic sit-up ever came about?
MJ: I don' t have a clue. I never heard it until they showed it to me.
AL: Do you know of anyone that was offended, other than you said yourself, by
Captain Schmidt's actions during the May 98 training?
MJ: No.
AL: Do you know uh, someone wrote a letter and the letter was signed "Concerned
Citizen", do you have any idea who may have written this particular letter?
MJ: No, no clue.
AL: Uh let me just back up to one thing on the, on the shorts so I have it straight. The
day you were out there training, was Captain Schmidt wearing shorts also?
MJ: Yes.
AL: Okay. And when he pulled his shorts down, he pulled his underwear down also,
uh, did he pull them down, do you recall, to his knees or all the way or do you
recall?
MJ: No, he just, he just pulled them down, you know, to expose his rear end and.
AL: Did he bend over?
MJ: Yes, he was bent over, yeah.
AL: Bent forward?
MJ: Yes.
AL: So if Trooper Wright came up, he would?
6
MJ: Right, right.

AL: Bump him or possibly come right up to the rear end ofhis buttocks?
MJ: Correct, correct.
AL: Okay.
MJ: It, you know, it didn't offend me to the point ofbeing upset. I just thought it was
not, you know, had I been the recipient, I certainly, certainly would have been
offended, but to watch it, I mean, offend, offense is probably too strong a word. It
was, like I said, we were just fooling around and, but had I been on the receiving
end, I certainly would have been offended, not. I guess I'm being, I'm being
almost vague about.
AL: What, do you feel, are you saying you feel it was an inappropriate behavior based
on he is a Captain?
MJ: I, I certainly would, yeah.
AL: That he shouldn't have done that?
MJ: Yeah, that's, like I say, had I been on the receiving end, I certainly would have
been, certainly would have been offended, even though like I say, we were just,
we were just joking around, but yeah, I think it was probably inappropriate.
AL: Was this the only time that this has ever happened?
MJ: Yes, the only time that I've ever seen it.
statement?
MJ: No.
MJ: Uhno.
other than designated Division authority until this case is closed. This is the end
of the interview and the time is 9:55A.M .
7

Date: 03-15-99
TO: Lieutenant Thomas P. O'Neill
INTERVIEW OF LIEUTENANT THOMAS P. O'NEILL
the interview of Lieutenant Thomas P. O' Neill of the Florida Highway Patrol. At
tbis time, I would like to inform you that this interview is being recorded.
1hls interview is being conducted according to Article 7, of the P.B.A. Collective
Bargaining Agreement that specifically relate to the interview of a witness who is
not the subject of the investigation.
TO: Not at this time .
Statutes, I have the authority to administer an oath in the connection with the
Lieutenant O'Neill, would you please raise your right hand. Do you swear or
affirm that the statement you are about to give will be the truth, the whole truth,
and nothing but the truth?
TO: I do.
AL: Chief John T. Czernis of the Florida Highway Patrol is the officer in charge of
this investigation. The interview is being conducted at the Orlando FHP Station.
The date is 19 February 1999, and the time is 10:24 A.M. Lieutenant O'Neill, are
you now on duty?
TO: Yes I am.
State Statute 800.03, Exposure of Sexual Organs; or violated FHP Policy 3.03,
Code of Conduct Regulations or any other policies .

Would you please state your name and spell it for the record?
TO: Thomas Patrick O'Neill, 0, apostrophe, N-E-1-L-L.
TO: The Florida Highway Patrol.
AL: How long?
TO: Twenty-two years, llmonths, 19 days.
TO: District Lieutenant, Cocoa District.
TO: Yeslam.
AL: How long?
TO: Probably just shy of three years, I'm guessing, two or three years .
TO: Captain Joe Schmidt.
AL: In May of 1998, you attended a training session in Orange County. Let me show
you this training report and your name is here, and the P stands for Present. Were
you at this meeting?
TO: Yes I was.
AL: Okay. Where was the training area conducted?
TO: At the old naval training annex on Dettweiler Road, south of McCoy Road.
AL: And it was on May 1st of 1998?
TO: Yes sir.
AL: Do you know or have you ever heard, do you know what a bionic sit-up is?
TO: Idonow .
2

AL: During this May training session, was someone designated to do a bionic sit-up?
TO: Yes.
AL: And who was that?
TO: JeffWright.
AL: Okay. And what, what is a bionic sit-up, as, as it was told to you, or as you
observed?
TO: As I observed, uh it involves the blindfolding or impairing the vision of the
person doing the sit-up. They lie on their back in a sit-up position.
AL: Is that with the feet raised?
TO: I, you know sir, I don' t remember. Uh this was after the, the run, and it was hot,
and I was suffering from heat uh problems. I was extremely overheated. Uh I do
remember Jeff lying on his back. His eyes were blindfolded or something so he
could not see, and.
AL: Could it have been a towel over his face?
TO: It could have been. I don' t remember how his vision was obscured, but his vision
was obscured.
AL: Okay.
TO: So that he cannot see. You can't open your eyes and see.
AL: Was he handcuffed 7
TO: No.
AL: Okay, go ahead.
TO: Uh if memory serves me correctly, they lie on the ground and then somebody
pushes on their forehead to create additional resistance for the person sitting up.
AL: Who was the person that pressed the finger or fingers on the forehead of Jeff
Wright?
TO: I don't remember. I was kind of present, not present. At the time I was doing a
lot of water drinking and walking. I had gotten there late and had to do the run
and I had just completed the run when this was transpired .
3

AL: Okay. Go ahead .
TO: Uh he was on the ground. His vision was obscured. He was in a sit-up position.
There was pressure applied to his forehead to create additional resistance. Uh I
guess where the, the, it comes into the bionic part is the resistance. At that point,
another member straddles and as the member attempts to sit up, the way is
removed so the person can sit up very, very quickly. Uh the resistance is gone.
AL: Who is the person that straddled Trooper Wright??
TO: Uh this was Captain Schmidt.
AL: Did Captain Schmidt, was he wearing shorts at the time? Were you all wearing
shorts out at the training center?
TO: Yes we were.
AL: When Captain Schmidt stood over Trooper Wright, did he lower his shorts and
underwear?
TO: Yes he did.
AL: Did he expose his genitalia and his buttocks?
TO: I would say probably. I don' t know that I was in a position there uh.
AL: What is it that you could see when he dropped his shorts?
TO: Well if I remember correctly, I was parallel to them uh probably 25 or 30 feet
away uh, which means I was adjacent to the hips of Captain Schmidt. I did see
the pants uh go low but he was also wearing a shirt and I wasn't paying real close
attention to what they were doing. Uh I was kind of watching but I was also kind
of getting a lot of water uh. His pants were down, but any view from my side was
obscured by his tee shirt.
AL: Okay, but did he bend over?
TO: Yes he did.
AL: Okay. When he bend over, was there any time that you could see his buttocks?
TO: Yes sir.
AL: Okay. Did you ever see his groin area?
TO: No sir, I did not.
4
AL: Did Trooper Wright ever sit up?
TO: Yes he did.
AL: Did he ever bump into uh Captain Schmidt with his face going into the buttocks?
TO: I don't know if they made contact. He sat up very quickly and came in very close
proximity. I don't know if contact was made or not. I wasn't close enough to
determine that.
AL: Okay. After he sat up, what did Captain Schmidt do?
TO: Uh.
AL: Or did he just walk away or did he stand there or?
TO: Uh I, I don' t remember what happened after that. Uh I was, I didn' t know what a
bionic sit-up was so I was, I'm glad I wasn't the one that asked if he could do one.
AL: Were you offended my Captain Schmidt's actions?
TO: It was probably improper. Uh I didn't take it as some sort of sexual harassment.
Of course I wasn' t the victim. Uh I figured it was, I don' t know how to address it.

AL: Did it, did it offend you from the standpoint of him dropping his pants like that uh
and causing another member to possibly sit up and put his face in his buttocks?
TO: I, I thought the conduct was improper.
AL: For the rank of Captain?
TO: For the rank of Captain. I, had it been one Trooper on another, I, it wouldn't have
been a whole lot better, but it wouldn' t have been to that degree probably.
AL: Do you know if Trooper Wright was offended by what happened?
TO: I've never discussed it with him.
AL: Had you been the person on the ground doing this bionic sit-up, with the same
circumstances, would you have been offended?
TO: Probably.
5

TO: With the Orange County SWAT?
AL: Their SWAT team?
TO: Their basic training?
AL: Yes sir.
TO: No sir.
AL: No. Okay. The person who wrote this letter of complaint, signed, or didn't sign
the letter but put "Sincerely, a Concerned Citizen", do you have any idea who
may have written a complaint letter?
TO: No sir. I uh to be honest with you, until you asked me to come over, I had
completely forgotten the incident. Uh I had even forgotten the definition of a
bionic sit-up until you told me what I was talking about. It' s not, to my
knowledge, has not been discussed much since the day of the occurrence.
AL: Has it ever, it has never been performed at any other training sessions?
TO: Not to my knowledge .
AL: Lieutenant O'Neill, is there anything that I have failed to ask you that you would
like to add to this statement?
TO: No sir, not that I can think of.
TO: Not that I can think of.
other than designated Division authority until this case is closed. This is the end
of the interview and the time is 1 0:34 A.M .
6

Date: 03-15-99
AD: Lieutenant Anthony F. DiPace
INTERVIEW OF LIEUTENANT ANTHONY F. DIPACE
the interview of Lieutenant Anthony F. DiPace of the Florida Highway P.atrol. At
this time I would like to inform you that this interview is being recorded. This
representative?
AD: No .
AL: As a Law Enforcement Officer, pursuant to Section 117:10 and 92:50, Florida
oath may be guilty of perjury and be subject to the penalties of the law.
Lieutenant DiPace, would you please raise your right hand. Do you swear or
affirm that the statement you are about to give will be the truth, the whole truth,
and nothing but the truth?
AD: ldo.
AL: Chief John T. Czemis of the Florida Highway Patrol is the officer in charge of this
date is 23 February, 1999, and the time is ! 0:15A.M. Lieutenant DiPace, are you
now on duty?
AD: Yes sir.
State Statute 800:03, Exposure of Sexual Organs, and FHP Policy 3:03 Code of

AD: Anthony F. DiPace, D-1, capital PA-C-E.
AL: And you are employed by whom?
AD: The Florida Highway Patrol.
AL: How long?
AD: April 1984.
AL: And what is your present rank or title?
AD: Lieutenant.
AD: Yes sir.
AL: How long?
AD: Since 1994 in Troop D.
AL: Who is the Commander ofthe TRTteam?

AD: Uh Joseph R. Schmidt.
AL: In May of 1998, you attended a training session in Orange County. This training
report here that I am showing you shows your name here with a P beside it,
meaning present. Do you recall and it was building searches and Cooper Physical
Assessment?
AD: Yes sir.
AL: It was on May 1
5
\ 1998.
AD: Right.
AL: During this May training session, was someone designated to do a bionic sit up?
AD: Yes.
AL: Would you explain what a bionic sit-up is?
AD: Well the designated part you have to uh also look at too because I don't, I think
this evolved during the course of the physical assessment. It wasn't something
2

AL:
AD:
pre-planned at any great amount of time. Uh the bionic sit-up was taught to us by
the Orange County Sheriff's Office at their SWAT school that Fast, Young, and
Barros uh attended from our agency. Uh I think that was probably the week prior
and at the completion of their school, they had during the course of the school uh
kept prepping people that there was a sit-up that only the most fittest of people
could do and it entailed uh being blindfolded and doing the sit-up when someone
was holding a finger just on the person' s forehead, and because of leverages and
so forth this would be impossible to do. Uh so usually the most uh egotistical
person in the school would keep saying that they could do it. Uh what the
Sheriff's Office had, had did with this is then have the guy at the end of the school
put on a blindfold, lay on the ground, someone held his feet to do a sit-up and
someone put a finger on his forehead. Uh and then instead of holding his
forehead they just let him go forward. Another person then uh exposed his butt in
front of that and then they took a picture and then so now they had a picture of a
guy burying his head into the other guy's butt, and then that picture would be
passed around their SWAT team as, you know, something to razz the guy on.
And so that is in essence a bionic sit-up.
On this particular training day, who was selected to do a bionic sit-up?
Uh Jeff Wright. You kind of elect yourself by saying you can do this, so it's not
uh .
AL: Okay, but Jeff Wright did this?
AD: Yeah, Jeff Wright said I can do that regardless, right.
AL: So Jeff Wright was placed on the ground? He was lying on the grolUld?
AD: Right, correct.
AL: Were his feet in an upright position?
AD: His knees were bent.
AL: And who was the person with the finger on the forehead?
AD: I was the finger man.
AL: Was anybody holding his legs?
AD: I don't recall. I really don't remember if his legs were held.
AL: Was Trooper Wright handcuffed?
3

AD: No .
AL: Okay. You said Trooper Wright was blindfolded, how was he blindfolded?
AD: Someone laid what I think is a do-rag kind, you know, a head wrap kind of thing
that you keep from sweat from running in your face uh that was just laid across his
head because it did not stay on his face as he sat up, it, it just fell off.
AL: As he was lying on the ground, did anyone stand over Trooper Wright?
AD: Yeah, Captain Schmidt was the butt man.
AL: Okay, and he was facing away from Trooper Wright?
AD: Correct.
AL: Did he bend over or squat his knees, bend his knees?
AD: He bent his knees slightly.
AL; On this particular training day, y'all were wearing shorts?
AD: Yeah, we had just finished a Pill run so we were wearing shorts.

AL; So did Lieutenant, I'm sorry, did Captain Schmidt lower his shorts and his
underwear?
AD: He lowered the back of his shorts uh and mind you now I am standing behind him
in the same vicinity that Trooper Wright would be. I was the finger guy, uh and
yes, I mean, enough to see his buttocks.
AL: Were you able to see his genitalia?
AD: No.
AD: In its' entirety, no, because his blindfold had come off and he was probably at
about a forty five degree angle so that I don't recall there ever being any contact
between the two of them and we also didn't take a picture.
AL: So as Trooper Wright came up, his blindfold came off and do you know if there
was contact?
4

AD: To my recollection there was not because we never picked on him for that uh
afterwards it was just kind of a quick ah ha but it wasn't as bionic as the Sheriff's
Office ones so it lacked a little.
AL: Did Trooper Wright appear to be offended by this?
AD: No.
AL: Did anyone at this training session appear to be offended by this?
AD: No.
AL: Were you offended by this?
AD: No.
AL: And you say the Orange County SWAT training, who was it that attended that?
AD: Trooper Fast, Trooper Young, and Trooper Barros from Deland.
AL: Are any of those individuals still on the TRT team?
AD: Yes, Trooper Barros was just transferred to Miami so he, he is not on it anymore
as of like two weeks ago. Uh I think his transfer went into effect on the 18th so he
is out of district now.
AL: What about the others?
AD: Yeah they are still on.
AL: Fast and Young?
AD: Yes sir.
AL: Oh, are you say J-U-N-G, saying Jung, whatever however you say it, Young.
AD: Yeah, he says Young, I say Young.
AL: The training was held where?
AD: It was on a, I believe it's the Naval base training that was, facility that was their
private housing that was now shifted over to the City of Orlando. Uh so it was
adjacent to the Naval training center. There' s a little city right next door that is
being refurbished for low income housing, we .
5

AL: This is down at the McCoy?
AD: Uh right over here.
AL: Out off of beeline?
AD: Uh that's where the SO had held their training. That's where the SO did that.
Our training was done over here at the Naval training center. I don't believe it was
off of McCoy where we did it.
AL: All right, everyone is telling me it was south of the Beeline.
AD: That may be right. Uh there was housing cause I had to get keys to get in these,
these houses, but it was part of the Naval property.
AL: Annex?
AD: Yeah, so it was probably down there cause that's where the SO did theirs.
AL: All right, this location that you are at, were there roads nearby?
AD: You mean like civilian roads or?
AL: Yes, where people could drive by?
AD: No, I mean the place is a secure facility uh and like I said we had to have keys to,
to get into the facility where we were at.
AL: All right, the housing?
AD: Right outside the housing uh I think that's all still all back in off that main road
pretty deep.
AL: Did you ever see anyone drive by in a vehicle?
AD: No.
AI: Did you ever see anyone ride by on a bicycle?
AD: Not that I recall. I'm, I'm sketchy on where the heck the thing was. (Laughter) I
don' t remember seeing anybody come by.
AL: Do you know who may have written the complaint letter against Trooper Wright,
uh Captain Schmidt?
6

AD: A long time ago, like when this first happened, I heard rumor that Trooper Callan
had talked or said that Lieutenant Steve Williams was upset by the event. I don't
know the correlation there or how that would be. Uh and that he was going to
lodge a complaint but I never heard anything further about it.
AL: Had you been the person selected to do the bionic sit-up and you carne up into the
rear of Captain Schmidt's or someone's buttocks, would that have offended you?
AD: No.
AL: Do you believe that it was inappropriate behavior on the part of Captain Schmidt
to have done what he did, for a Captain?
AD: In, in the context to which it was done in the context of the team as it is, no. I
mean, we all shower together when we get done doing this kind of stuff and we
insult each other severely. We pick on each other, we play hard, we train hard.
In this environment, no. I don't feel that it was inappropriate. Uh I don't believe
his rank played into it at all. It's, to me it was a form of camaraderie just the way
the SO had perpetrated it too.
statement?
AD: No.
AD: No.
AL: Whose, whose idea was it to do the bionic sit-up? Who brought it up?
AD: It evolved, I'm not really sure. I couldn't, I couldn't honestly say. Uh it just kind
of evolved over the time where we were running around and doing our PFIT stuff
uh because in fact we were doing set ups, we were doing push-ups, uh and all the
stuff that goes with PFIT, running a mile and a half and we do a timed a time
minute in sit-ups and as I recall Trooper Wright did do a vast amount of them,
like over 40 or 50 in a minute and I think in him starting to brag about that, it
came up, but I don't remember who mentioned it. Uh I know a lot of people knew
about it other than the ones that went to the training with the SO because Young,
Fast, Barros, myself and Schmidt witnessed that one and uh we told a lot of other
people about it and so I was myself kind of surprised that Wright hadn't heard
about word of mouth from us already. I'm not so sure that he did not know ahead
of time and just didn't go along with it or tried to make more fun with it.
7

AL: You went to the graduation or?
AD: Yes.
AL: Is that when this bionic was done?
AD: Yes.
AL: At Orange County?
AD: Yes.
AL: So you were present, Schmidt was present and who else?
AD: Well three that went to the school.
AL: Correct.
AD: Then Kevin Berry and a bunch of other people from the SO uh .
AL: Who else other than you and Captain Schmidt?
AD: Other PDs.
AL: Who else?
AD: Me, Schmidt, the three who participated in the school were the only people with
the Highway Patrol.
AL: With the Highway Patrol?
AD: Right, but I came back and told everybody about it cause I thought it was very
funny so.
advised you are not to discuss this case or disclose your statements to anyone
except designated Division authority Witil this case is closed. This is the end of
the interview and the time is 10:28 A.M
8

Date: 03-15-99
DW: Trooper Dennis P. Warren
INTERVIEW OF TROOPER DENNIS P. WARREN
the interview of Trooper Dennis P. Warren of the Florida Highway Patrol. At this
time I would like to inform you that this interview is being recorded. This
representative?
DW: No .
AL: As a Law Enforcement Officer, pursuant to Section 117:10 and 92:50, Florida
oath may be guilty of perjury and be subject to the penalties of the law. Trooper
Warren, would you please raise your right hand. Do you swear or affirm that the
statement you are about to give will be the truth the whole truth and nothing but
the truth?
DW: ldo.
date is 22 February, 1999, and the time is 4:15 P.M. Trooper Warren, are you
now on duty?
DW: Yesiam.
State Statutes 800:03, Exposure of Sexual Organs, or FHP Policy 3:03 Code of
Conduct Regulations or any other policies. Would you please state your name
and spell it for the record?
DW: Trooper Dennis P. Warren, D-E-N-N-I-S, Pas in Papa, W-A-R-R-E-N.

AL: You are employed by whom?
DW: The Florida Highway Patrol.
AL: How long?
DW: Eighteen plus years.
DW: I am Trooper One.
DW: Yeslam.
AL: Okay, how Long?
DW: Oh, approximately six or seven years now .
AL: Who is the Commander of the TRT?
DW: That's Captain Joseph Schmidt.
AL: fu May 1998 you attended a training session in Orlando. Let me show you this
training report and your name is on here right there and it has a P beside it, which
supposedly stands for present. Okay. Do you see that there?
DW: Yes.
AL: The date is May 1
5
\ 1998, Orange County and what y'all did was building
searches and the Cooper Physical Assessment. Do you recall where this training
was at?
DW: At the Naval Training Facility somewheres in Orange County, the exact location
in relation to the Station, I.
AL: Down by McCoy, down by the airport?
DW: That is correct.
. AL: Do you know what a bionic sit-up is?
2
DW: Yes.

AL: Okay. During this May training session, was someone designated to do a bionic
sit-up?
DW: Somebody volunteered.
AL: Who was that?
DW: Uh, I believe Jeffrey Wright.
AL: What you observed about the bionic setup, what did, what is your interpretation of
it, from what you observed? Or what happened?
DW: Well my interpretation is a prank with a bunch of guys around and, you know,
interpretation uh was allegedly that uh the person was to put pressure on
somebody' s forehead uh with one finger and was no matter how strong or agile
that person was they being unable to sit up and do a complete sit-up.
AL: All right, was Trooper Wright placed on the ground?
DW: Uh, he got down on the ground .
AL: In a push up position?
DW: In a sit-up position.
AL: Sit-up, I'm sorry, sit-up positjon. Was he blindfolded?
DW: I believe a towel was placed over his eyes, yeah.
AL: Who held the finger on his forehead?
DW: I believe that was Lieutenant Anthony DiPace.
AL: While Trooper Wright was on the ground in the sit-up position and the towel over
his eyes, and Lieutenant DiPace with the finger on his forehead, did anyone stand
or straddle Trooper Wright?
DW: Yes.
AL: Who was that?
DW: Captain Joseph Schmidt.
3

AL: When Captain Schmidt stood over Trooper Wright, did he lower his shorts and
underwear?
DW: Yes.
AL: Was he facing away from Trooper Wright at the time?
DW: Yes.
AL: So this would put his buttocks towards Trooper Wright's face if be were to sit up.
DW: Correct.
AL: When Captain Schmidt lowered his shorts and undershorts, did you see his
buttocks?
DW: Yes.
AL: Did you see his genitalia?
DW: From my positioning, no.
AL: Were his shorts down far enough that if somebody was in a position, they could
have seen it?
DW: Possibly, yes.
DW: Yes.
AL: Okay. Now, I think I just said this but I'm not sure. Did Captain Schmidt bend
over or lean forward?
DW: I don't know if it was a leaning or possibly uh bending his knees to lower his body
ifhe bent forward at an angle.
DW: Yes.
AL: Did Trooper Wright bump into Captain Schmidt's buttocks?
DW: I want to say yes but I can't. I, I don't know if contact was made. I can't remember
if contact was made .
4

AL: His face came relatively close that you observed to Captain Schmidt's buttocks?
DW: Yes.
AL: Whether they actually touched or not, you do not know?
DW: I can't remember if contact was made.
AL: When Trooper Wright sat up, did his towel fall off?
DW: Yes.
AL: So when he sat up, he was looking right directly at Captain Schmidt's buttocks?
DW: Yes.
AL: Did Trooper Wright appear to be offended at that time?
DW: Not to my knowledge. We all laughed about it and he was laughing.
AL: Were you offended by it?
DW: Not really, no.
AL: Did anyone on the SWAT team or the TRT team mention to you that they were
offended by what they observed?
DW: At that particular time?
AL: Yes sir.
DW: No.
AL: At a later time?
DW: Yes.
AL: Who?
DW: Well, it was Trooper Cleveland Johnson.
AL Do you recall what he, how he was offended, what he said?
5

DW: Oh yeah. He said he was offended by it and I asked him why and he kind of
emphasized the fact that be didn't think a supervisor shouldn't be doing something
like that, but my explanation or statement was, you know, it was a prank done
with all the members of the team, and it was strictly that .
AL: Had you been in Trooper Wright' s position and did the bionic sit-up, would you
have been offended?
DW: Uh I'd have been embarrassed, to a point (laughter), probably turn about as red as
red can get.
AL: Do you think it would have offended you?
DW: Traumatized me, yeah, I would say so. I think that later on I could have laughed
about it as, you know, an experience that uh being a bit of a prankster myself
sometimes, yeah.
AL: Other than being embarrassed though, it wouldn't have bothered you?
DW: No.
DW: The school?
AL: Yes sir.
DW: No.
AL: When Trooper Wright was in the sit-up position, was he handcuffed?
DW: I don't think so.
AL: Was Trooper Wright ever placed in a kneeling position in front of Captain
Schmidt so that Captain Schmidt's genitalia was right directly in front him?
DW: After the sit-up?
AL: Or just at any time during that incident?
DW: I don' t remember anything like that, you know, we all joke and kid, you know,
make gestures and things, you know, if something was done. I don't remember
anything like that.
AL: Do you have any idea who wrote the complaint letter?
6
DW: No.

AL: Did you mention to anyone that you thought you knew who may have written the
letter?
DW: (inaudible)
AL: Did you tell Corporal Wiles that you thought that Captain Schmidt's wife may
have written the letter?
DW: Huh uh, no.
AL: You never told him that?
DW: Huh uh. I said if anybody had any complaint, it would be Jeff Wright, and I said
that uh allegedly there was some scuttlebutt around that uh Lieutenant DiPace had
told some other, other officers or other Troopers or civilians.
AL: But you never, you never told Corporal Wiles the other day, last week, that uh
where Joe just had gone through a nasty divorce. that possibly his wife could have
written the complaint letter?
DW: I may have , but I don't remember saying that to him. Yeah, something to the
effect that, you know, she might be bitter about the divorce, maybe something of
that nature. I don't remember saying it. If I did, I did.
AL: I mean this is what he told me the other day.
DW: (inaudible)
AL: And (inaudible) if you had any other reason to believe that she wrote the letter
other than possibly the nasty divorce, or anything?
DW: No. I have, I have no facts, no statements, you know. I, I don't even know who
his wife is.
statement?
DW: Well, you know, at the time, it was uh taken as, I took it as a prank, you know. It
was all done as a joke. If anybody was offended, I, I really don't know. It
appeared to be, at that particular time, we all laughed about it and as we are a
team, you know, it's more or less an unwritten rule that what goes on there stays
7

AL:
DW:
AL:
DW:
AL:
DW:
AL:
DW:
there. We aren't about to hide anything that we do, we don't do anything illegal or
against policy.
Let me ask you a question now that you have just said something that made me
think of something. The training out there at the uh old Navy annex or whatever
they want to call it out there were you near any roads? In other words, were you,
did you ever observe any traffic go by the area that you were training in?
Yes.
In cars?
Yes.
Did you see anyone go by on bicycles?
There may have been.
So you were in an area that possibly somebody could have driven by or rode by at
any given moment and observed what was taking place over there?
There was that possibility, yes.
AL: How close to the road were you, approximate?
DW: Three hundred yards.
AL: Where?
DW: In the vicinity that we were at there is a parking area and then a road runs just
west of the west side of it and then further up the road there is another one that
runs along the north side. I might be wrong in my directions but as far as vehicle
traffic, there is mostly on the main thoroughfare that came through and then it was
some other, you know, traffic that was fLltering around us.
AL: During the time of the bionic sit-up, did you, do you recall seeing any civilians or
anybody nearby?
DW: Other than the civilians going by on the main thoroughfare, on the road farthest
away.
AJ: But no, nobody was actually standing in proximity that could have seen, that you
were aware of?
DW: No .
8

DW: I think I just elaborated on it.
advised that you are not to discuss the case or disclose your statements to anyone
other than designated Division Authority until this case is closed. This is the end
of the interview and the time is 4:27P.M .
9

Date: 03-16-99
TW: Trooper Timothy A. Wood
INTERVIEW OF TROOPER TIMOTHY A. WOOD
the interview of Trooper Timothy A. Wood of the Florida Highway Patrol. At
this time, I would like to inform you that this interview is being recorded. This
interview is being conducted according to requirements of Article 7 of the P .B.A.
representative?
TW: No sir .
oath may be guilty of petjury and be subject to the penalties of the law. Trooper
Wood, would you please raise your right hand. Do you swear or affirm that the
the truth?
TW: Yes sir.
date is 19 February, 1999 and the time is 12:22 P.M. Trooper Wood, are you
now on duty?
TW: Yes sir I am.
State Statute 800:03, Exposure of Sexual Organs, or FHP Policy 3:03 Code of

TW: TimothyWood, T-I-M-0-T-H- Y W-0-0-D .
TW: The Florida Highway Patrol.
AL: How long?
TW: Since October 11 tb of 1995 ..
TW: Trooper.
TW: Yes I am.
AL: How long?
TW: Since, I believe, February oflast year, of98, or March.
AL: Okay. Who is the Commander of the TRT?
TW: Captain Schmidt.
AL: In May 1998, you attended a training session in Orange County. Let me show you
this training report here and it shows Orange County. It's a training report and it
shows your name on this particular training exercise as being present. The P
stands for Present, correct?
TW: Yes sir.
AL: It was May 1
5
\ 1998, the day of training. Do you recall where the training was
located at?
TW: Yes sir. I believe it was at the Naval base, the old Naval base south of the
Beeline.
AL: Okay. The area that you trained in, was it a secluded area or were there roads
nearby?
TW: As far as I know, the, the houses that are in that area were abandoned because they
were homes that I guess they were going to redo or destroy. They are old military
homes and the building that we were at was, as far as I know, abandoned.
2

AL: Were there civilians or traffic driving by the area that you were at or people on
bicycles?
CL: Not that I can recall sir. I didn't remember any of that.
AL: Do you know or have you ever heard of a bionic sit-up?
TW: Yes sir I have.
AL: During that training session m May, do you recall witnessing a Trooper
performing the bionic sit-up?
TW: Yes I did.
AL: Do you know who the Trooper is that performed the bionic sit-up?
TW: I believe it was Trooper Jeffrey Wright.
AL: How did you observe the bionic sit-up taking place? What does a person do?
TW: As far as I recall, they were saying that there' s a sit-up involved where when
you're blindfolded or a cover over your eyes, that if they hold your head with one
finger on your forehead, that you can't do the push up because of something with
your mental physical ability and as they, as it was done.
AL: Was he, was he placed on the ground? Trooper Wright?
TW: He was on the ground in a sit-up position.
AL: With his feet up, raised?
TW: I believe they were, the knees were up.
AL: His knees were raised?
TW: Just like the average sit-up itself
AL: Okay, and how was he blindfolded?
TW: I believe it was just, it wasn't like a tied around, he was just like something laid
over his eyes.
AL: White towel?
3

TW: Possibly. I don't know if I remember the color of the towel or rag .
AL: Or a rag or something?
TW: I don't recall sir.
AL: Did you see who was holding the finger on his forehead?
TW: No sir, I don't, I don't recall that. I don't.
AL: Were you there?
TW: Yes sir I was. I was there, but I remember him laying there and cause I was as far
as me new on the team, and I was watching them on the ground because I was
being coached that this was a true thing cause I had never seen it or heard of it.
AL: So you don't remember who was holding?
TW: Sir, not that I can recall. I.
AL: Was Lieutenant DiPace holding the finger?
TW: Not that I recall sir. All that I remember is whoever who was doing the sit-up and
what happened after the, when the sit-up was done.
AL: Okay, all right. While Trooper Wright was lying on the ground with and I will
just say this since you don't remember totally, we will say a towel over his eyes,
did anyone straddle over Trooper Wright?
TW: As he began to do the sit-up?
AL: Yes or just prior to the sit-up occurring.
TW: Yes sir I do.
AL: Okay. Do you recall who that was?
TW: That was Captain Schmidt.
AL: The day that you were in there training, were you all wearing shorts?
TW: Yes sir because we had just got through running, and doing sit-ups and push-ups
and.
4

AL: Okay. When Captain Schmidt was standing over Trooper Wright, did he lower
his shorts and underwear?
TW: Yes sir he did.
AL: Were you able to observe his buttocks?
TW: He, I was to the side. I could probably say I could see his buttocks but nothing
else because I know he did pull his pants down.
AL: You couldn't see his?
TW: No sir.
AL: Genitalia or what have you?
TW: No sir, no sir. I was on the, he was laying, Jeff was laying, I guess you would say
North, his head north, and this, his feet south, and I guess I was kind of like east,
southeast of watching or even east of where it was.
AL: Did, all right, was Captain Schmidt bent over?
TW: He was, I guess,
AL: Leaning over?

TW: Kind of squatting.
AL: Leaning forward or whatever?
TW: Yes sir.
AL: Okay. Did Trooper Wright ever complete the push-up, I mean the sit-up?
TW: As far as I remember, be came up.
AL: Did you see his face strike Captain Schmidt's buttocks?
TW: I want to say he did but I know be came close to his buttocks but I don't know if
he actually touched or not, possibly he did but.
AL: Did the towel come off Trooper Wright immediately as after he sat up?
TW: When he sat up, I think it came off because it wasn't actually I don't think tied
around his head.
5

AL: Was Trooper Wright offended by Captain Schmidt's actions?
TW: Not that I recall. I didn't see anything, actions, where he was offended.
AL: Was Trooper Wright handcuffed while he was down on the ground?
TW: Handcuffed?
AL: Yes.
TW: No sir, not that I know of.
AL: Was Trooper Wright ever placed on his knees in front of Captain Schmidt's
genitalia?.
TW: No sir. That was pretty much it. When he did the sit-up, it was like over with.
He got up, he pulled his pants I guess back up, Jeff got up and we went on about
our business.
AL: Were you offended by Captain Schmidt's action?
TW: Nosir.

AL: Had you been the person lying on the ground doing the sit-up in the place of Jeff
Wright, would it have offended you?
TW: Not bad, no sir, because you get in the military, other things have been worse
than that. It wouldn' t have offended me, no sir.
AL: Did you ever attend Orange County SWAT training?
TW: No sir, I attended Tallahassee SWAT school.
AL: Do you know of anyone that day that was offended by Captain, his actions?
TW: No sir, not that I know of.
AL: Do you have any idea who may have written this letter of complaint?
TW: No sir. I know I didn't do it. I, when it was done, it was like, you know,
everybody kind of, even the person involved that I know is just like a big kids and
laughed, and we went about doing our training and that's the last I heard of it, and
we've had training since, and I've never heard of it since that time .
6

AL: Do you know who initiated this bionic sit-up that day?
TW: No, not that I recall, no sir. I mean, they didn't ask me to do the bionic sit-up,
which I probably would have done it if they had asked me because I was the new
guy on the block.
statement?
TW: No sir.
TW: The only thing that I can say is from my observation of it, it was, I thought it was
just something that was, you know, uh something was part of being on the team or
not being on the team but people play pranks on people, not pranks but, and I
never thought anything of it. I mean even if would have been done to me, I would
have probably took a ragging but it would have just, you know, we were out in the
middle of nowhere so I, I didn't even think anyone else would have seen it. The
only people that I believe, because the way we were positioned in that area, it had
to been, to me somebody was right there because the building, we were in front of
was a building and I would have to show you the building down in the Naval base
but it's like I think there's a ball field on the very back side and there is a road that
comes by this way and a road that goes like angled that way with a big parking lot
because we had to run all the way around and it was approximately I would say
three quarters of a mile. We had to do it two times and then on the west side of it
there is all these abandoned homes they used to be Naval homes that I remember
when I was in the military. But if there was somebody around there, I don't recall
seeing them. There could have been. I mean the old base there is people that go
around that base but we were out in, you know, from where we were at when we
was running, I didn't see anybody.
advised that you are not to discuss this case or discuss your statement with anyone
other that designated Division authority until this case is closed. lbis is the end of
the interview and the time is 11:30, I'm sorry, 12:34 P.M .
7

Date: 03/04/99
MC: Trooper Mark A. Clark
INTERVIEW OF TROOPER MARK A. CLARK
the interview of Trooper Mark A. Clark of the Florida Highway Patrol.
P.B.A. Collective Bargaining Agreement that specifically relate to the interview of
a witness who is not the subject of the investigation.
MC: No.
performance of my official duties. Any person making a false statement under oath
may be guilty of perjury and be subject to the penalties oflaw.
Trooper Clark would you please raise your right hand!
Do you swear or affirm that the statement you are about to give will be the truth,
the whole truth, and nothing but the truth?
MC: Ido.
date is 25 February, 1999, and the time is 8:00a.m.
Trooper Clark are you now on duty?
MC: Yes.
AL: The specific nature of the violations that I'm lookin' at is to determine if Captain
Schmidt violated State Statute 800.03 Exposure of Sexual Organs or FHP Policy

MC:
AL:
MC:
AL:
MC:
AL:
MC:
Page -2-
3.03 Code of Conduct: Regulations or any other policies. Would you please state
Mark A. Clark. MARK A. CLARK.
You're employed by whom?
Florida Highway Patrol.
How long?
Uh, since January 2 of 1975.
What is your present rank or title?
Uh, LE Officer.
MC: Yes, I am.
AL: How long?
MC: Mmm. Approximately 22 years.
MC: Captain Joseph Schmidt.
AL: In May, 1998, you attended a training session in Orange County. This form that
I'm showing you is a Tactical Response Team training report for Orange Count,
May 1, 1'998, and your name is .here with a P beside it which stands for present.
You see this here?
MC: Yes, I do.
AL: Do you recall where the training session was at that time? Now, if you didn't
notice, . on the bottom it was Building Searches and the Cooper Physical
Assessment.
MC: I believe it was at, uh, McCoy Airbase or (inaudible).

Page -3-
AL: Off the B-Line?
MC: Yeah.
AL: Do you know what a bionic situp is?
MC: Yes, I do.
AL: During this May training session, was someone designated or do they volunteer to
do a bionic situp?
MC: Someone volunteered.
AL: Who was that person?
MC: Jeff Wright.
AL: And what did you observe? What did the bionic situp consist of?
MC: Uh, basically, you, uh, you're led to believe that it's impossible to sit up if your
eyes are covered and I think there's something else to it. That someone touches
your forehead, (cough, chuckle) you just, you're not suppose to be able to do it.
AL: Did, was, did Jeff Wright lie on the ground?
MC: That's correct.
AL: Did he raise his knees in a situp position? .
MC: I believe so.
AL: Was a towel placed over his eyes?
MC: Yeah, somethin' was put over his eyes, I think. Probably a towel.
AL: Was Trooper Wright handcuffed?
MC: No.
AL: Was Trooper Wright ever placed on his knees, uh, facing Captain Schmidt and
Captain Schmidt walked up and lowered his trousers and put his genitalia in his
face?

Page -4-
MC: No.
AL: When Trooper Wright was lying on the groWld and had something over his eyes,
do you, did you notice who was holding the finger on his forehead?
MC: I don't recall that.
AL: Was it Lieutenant DiPace?
MC: I, I don't recall.
AL: Did anyone straddle Trooper Wright while he was down on the ground?
MC: Yes.
AL: Who was that?
MC: Captain Schmidt.
AL: The beginning of this training, were you all in shorts?
MC: Uh, at that time we were in PT gear, we had to switch (inaudible) shorts.
AL: When Trooper, uh, correction when Captain Schmidt ~ t o o d over Trooper Wright,
did he face away from Trooper Wright?
MC: That's correct.
AL: Did Captain Schmidt lower his shorts and underwear?
MC: That's correct.
AL: Did he bend his knees and kind of squat or bend forward a little bit?
MC: That's correct.
AL: Were you able to see Captain Schmidt's buttocks?
MC: Yes.
AL: Were you able to see Captain Schmidt's genitalia area?

Page -5-
MC: No.
AL: Were his shorts down low enough that, for some reason you couldn't or where you
were standing?
MC: I don't think they were down far enough for me to see his genitalia.
AL: Did Trooper Wright ever do the situp?
MC: Yes.
AL: Did Trooper Wright come up and touch the rear . of Captain Schmidt in the
buttocks?
MC: He came up close to. I don't know whether he actually touched or not.
AL: Within how, about how close? Within an inch, half inch, two inches, real close,
or ... ?
MC: Yeah, pretty close. Two or three inches, I'd guess.

AL: Could he have touched it without you seeing it?
MC: It's possible.
AL: The area that you were training in, are there other roads nearby where traffic was
going by?
MC: No.
AL: Did you ever see any traffic vehicles go by?
MC: At this particular time?
AL: Yes, sir.
MC: No.
AL: Or prior, just before or after?
MC: I'd seen a couple vehicles during the course of the day, but I don't recall if anybody
right then.

Page -6-
AL: Okay. Did you ever see anybody ride by on a bicycle?
MC: I don't recall that.
AL: At the time of this incident, there were no other civilians around?
MC: Not to my knowledge.
AL: Was Trooper Wright offended after this incident?
MC: Not that I know of.
AL: Were you offended?
MC: No.
AL: Did anyone tell you that they were offended by Captain Schmidt's actions?
MC: No .
AL: Did Trooper CaBin ever tell you that he was going to write a complaint letter
against Captain Sclunidt?
MC: No.
AL: Did Captain Steve Williams ever tell you he was going to write a complaint letter
against Captain Schmidt?
MC: No.
AL: I have a letter here. I'm not going to show you the whole thing to read, but I'll
show you the makeup of the letter, right here, and it's signed on the bottom,
Sincerely, Concerned Citizen. ~ d i d you write this letter or type this letter?
MC: No.
AL: Do you have any idea who may have typed this letter?
MC: No.
AL: Trooper Clark, is there anything that I have failed to ask you that you'd like to add
to this statement?

Page -7-
MC: No.
AL: Is thee anything that I have failed to ask you that is pertinent to this investigation
MC: No.
This is the end of the interview and the time is 8:07am .

Date: 03-16-99
DW: DwightK. Wiles
INTERVIEW OF CORPORAL DWIGHT K. WILES
the interview of Corporal Dwight K. Wiles of the Florida Highway Patrol. At this
time, I would like to inform you that this interview is being recorded. This
interview is being conducted according to requirements of Article 7 of the P .B.A.
representative?
DW: No sir .
oath may be guilty of perjury and be subject to the penalties of the law. Corporal
Wiles, would you please raise your right hand. Do you swear or affirm that the
the truth?
DW: Ido.
date is 19 February, 1999 and the time is 12:58 P.M. Corporal Wiles, are you
now on duty?
DW: Yes sir.
State Statute 800:03, Exposure of Sexual Organs, and or FHP Policy 3:03 Code of

DW: Dwight Kenneth Wiles, spelling last name W-I-L-E-8 .
DW: The Florida Highway Patrol.
AL: How long?
DW: Twenty-five years, over 25 years.
DW: Corporal.
DW: Yes sir.
AL: How long?
DW: I was a member for 20 years and then I was out a year and came back on for the
last year and a half .
AL: Who is the Commander of the 1RT team?
DW: Captain Schmidt.
AL: In May 1998, you attended a training session in Orange County. Let me show you
this training report that they have, it shows May of 1998, Orange County, shows
that you did building searches and Cooper Physical Assessment and your name is
right here with a P beside it that shows that you were present. Okay?
DW: Yes sir.
AL: All right. This training session took place where? Was it at the McCoy Annex off
the Beeline?
DW: Yes sir. I'm not real familiar with that area.
AL: Okay. Do you know or have you ever heard of a bionic sit-up?
DW: I don't really know what it is sir.
AL: Okay. Have you ever observed someone perform a bionic sit-up?
2

DW: No sir .
AL: This training session that you were at, do you recall Trooper Jeff Wright lying on
the ground with his eyes covered?
DW: No sir. I'm pretty sure that day, I had court or something in Volusia County and I
was late getting to that exercise.
AL: Did you hear anyone talking about a bionic sit-up after?
DW: Not at that time but later on, I heard of it.
AL: Did you hear that Jeff Wright was the person on the ground?
DW: Yes sir.
AL: Did you hear of anybody straddling him or standing over him while he was on the
ground?
DW: Nosir.
AL: Did you hear of Captain Schmidt dropping his pants?
DW: Nosir.
AL: What did you hear about the bionic sit-up?
DW: !just heard that he was involved in a bionic sit-up and I really didn' t know that it
involved this until you just told me.
AL: So you never heard anything about that type of?
DW: No sir, I, I thought it was something real physical.
AL: Do you recall what time you got there?
DW: Not exactly sir. If I remember that date, it was a day that I was at least an hour
late. I m not sure because of court or something.
AL: So you know nothing about this bionic sit-up or witnessing it?
DW: No sir I do not.
AL: Would you have any idea who may have written a letter of complaint against
Captain Schmidt?
3
DW: I heard a rumor who it might have been.

AL: Who is that?
DW: I heard it might have been his wife that wrote the complaint. I don't know that for
sure, just a rumor that I heard.
AL: And when did you hear this rumor?
DW: Uh one or two days ago.
AL: Andhow?
DW: Uh I just heard some people talking.
AL: Troopers?
DW: Yes sir.
AL: Do you know who?
DW: Uh .
AL: It was only two days ago.
DW: Trooper Warren.
AL: Did he give any idea how he knew?
DW: No sir. He, he wasn't even sure. He just asked me if I knew anything about this
and I told him I didn't.
AL: This was a couple of days ago he asked you about it?
DW: Yes sir.
AL: It wasn't yesterday?
DW: No, yesterday, or the day before. I think it was the day before yesterday.
AL: Because only.
DW: I don't think I seen him yesterday .
4

AL: He was only set up yesterday to come in for an interview .
DW: He asked me if! had heard anything about it and I told him no.
statement?
DW: No sir.
DW: No sir.
advised that you are not to discuss this case or discuss your statement with anyone
other that designated Division authority until this case is closed. This is the end of
the interview and the time is 1 :04 P.M .
5

Date: 03/04/99
SW: Captain Steven A. Williams
INTERVIEW OF CAPTAIN STEVEN A. WILLIAMS
BY CAPTAIN ARTinJR J. LANE
the interview of Captain Steve Williams of the Florida Highway Patrol.
P.B.A. Collective Bargaining Agreement that specifically relate to the interview
of a witness who is not the subject of the investigation.
SW: No, I do not.
Captain Williams, will you please raise your right hand!
Do you swear or affirm that the statements you are about to give will be the truth,
SW: Yes, I do.
AL: Chief John T. Czernis of the Florida Highway Patrol was the officer in charge of
this investigation. The interview is being conducted at the Orlando FHP station.
The date is 24 February, 1999, and the time is 11 : 12 a.m.
C ~ p t a i n Williams, are you now on duty?
SW: Yes, sir. I am.
AL: The specific nature of violations that I'm lookin' into is to determine if Captain
Schmidt violated State Statute 800.03 Exposure of Sexual Organs or FHP Policy

Page -2-
3.03 Code of Conduct, Regulations or any other policies. Would you please state
SW: Steven with a V A. Willliams. WILL I AM S, Sr.
AL: And you're employed by whom?
SW: Florida Highway Patrol.
AL: How long?
SW: Let's see. 17 years, 9 months.
SW: Captain.
SW: I guess, Orange.
AL: Were you stationed in Brevard county?
SW: Yes, I was.
AL: Uh, when?
SW: June 28, 1994 to November 30, 1998.
AL: During that timeframe, who was your District Commander? Well, the recent, the
most recent District Commander in Brevard. county that you worked for?
SW: Most recent would be Captain Joseph R. Schmidt. S C H M I D T.
AL: Have you ever heard of a bionic situp?
SW: Uh, not until the Captain brought it to my attention.
AL: That's Captain Schmidt?
SW: Captain Schmidt. That's correct .

Page -3-
AL: And what did he tell you about it?
SW: Uh, I can't give you the exact date or time, um, I'm trying to think it was some time
over the summer. He came into my office one day, upset, cause he heard rumor
that I generated a letter to GHQ reference a bionic situp that was done at TRT. Of
course
7
I looked at him and says, "Okay, what's a bionic situp?"
AL: So you, you had not heard of this bionic situp until he came in and . ..
SW: That's correct.
AL: . .. accused you of writing the letter.
SW: Accusing me of writing the letter. (pause) His exact words, "Do you have a
problem with me?" I said, "Ifl had a problem with you, I'd tell you." Apparently,
what had happened is somebody started a rumor that I wrote a letter.
AL: Did he tell you what a bionic situp was after that or did you find out what a bionic
situp is?
SW: He told me, I was tryin' to remember that, too. I think it's something where
somebody's trying to sit up while he stands over top of 'em and stops 'em from
sittin' up.
AL: Okay. Did you ever hear of anything about a person being blindfolded and
something putting a finger on their forehead?
SW: No.
AL: For resistance.
SW: No. No, sir.
AL: Did you ever tell anyone that you were going to write a complaint letter against
Captain Schmidt for his actions during this situp?
SW: I had no knowledge of these actions until Captain Schmidt brought it to my
attention and no, sir, I didn't claim I was going to write anything. I believe the
specific rumor was that Tom Callin told Trooper Jeff Wright that I was upset and
that I wrote a letter and that must have had some validity because Jeff Wright was
giving me the cold shoulder, big time. Wouldn't even talk to me .

Page -4-
AL: Let me show you this letter. I'm going to let you read it, but I'm goin' to show you
this letter here. This is the complaint letter that was written and down on the
bottom was typed, this, and on the bottom it says, Sincerely, Concerned Citizen.
Did you have this letter? Did you type this letter?
SW: No, sir.
AL: Did your wife type this letter?
SW: Uh, my wife didn't know anything about it. So, no, sir.
AL: Do you know anything who may have typed this letter here?
SW: Uh, it was my understanding that, uh, Tom Callin typed that letter.
AL: And .. . (pause) Why do you say this?
SW: Well, it's cause what Joe Schmidt told me.
AL: What did he tell you about?

SW: That, uh, he thinks Callin sent a letter or Callin spread the rumors or whatever.
AL: How long ago was this that he confronted you about the letter?
SW: Sometime over the summer.
AL: Your working relationship with Captain Schmidt while you were there, was it, uh,
good?
SW: Fair. We had disagreements on managerial practices. Staffing. But, I mean, that's,
I guess, every lieutenant and captain sometimes have disagreements on them
tssues.
AL: Had you written a letter like this, would you have made it anonymous or would
you have put your name on the letter?
SW: I sign my name to everything I ever write.
AL: Captain Williams, is there anything that I have failed to ask you that you would
like to add to this statement?

Page -5-
SW: Um, only that I suggest that you talk to Jeff Wright. 'Cause like I said, he did, in
fact, give me the cold shoulder, 'cause somebody had put in his mind that I
obviously had knowledge of this and wrote a letter in that regard which, you know,
obviously would implicate him in some way.
SW: No,sir. Not that I can think of.
Be advised you are not to discuss this case or disciose your statements to anyone
This is the end of the interview and the time is 11: 19 a.m .

Date: 03/04/99
TC: Trooper Thomas D. Callin
INTERVIEW OF TROOPER THOMAS D. CALLIN
the interview of Trooper Thomas D. Callin of the Florida Highway Patrol.
P .B.A. Collective Bargaining Agreement that specifically relate to the interview
of a witness who is not the subject of the investigation.
TC: No, sir.
Trooper Callin, would you please raise your right hand!
Do you swear or affirm that the statement you are about to give will be the truth,
TC: I do.
date is 24 February, 1999, and the time is 8:20 a.m.
Trooper Callin, are you now on duty?
TC: Yes, sir.
AL: The specific nature of the violation is to determine if Captain Schmidt violated
State Statute 800.03, or FHP Policy 3.03, Code of Conduct Regulations or any

Page -2-
other policies. Would you please state your name, I, I, I'm not sure what I said
there on the 800.03, Exposure of Sexual Organs, is what that statute is, okay?
TC: Okay.
AL: Would you please state your name and spell it for the record?
TC: Uh, Thomas D. Callin. C A L L IN.
TC: Florida Highway Patrol.
AL: How long?
TC: Uh, 13 years.
TC: Trooper.
TC: Brevard.
AL: Who is your district commander?
TC: Captain Schmidt.
AL: Have you ever heard of a bionic situp?
TC: Yes, sir.
AL: Did you ever hear of a bionic situp being done at the, at a TRT meeting?
TC: I don't know where it was done at?
AL: Okay, what did you hear?
TC: Just that, Jeff Wright and the Captain, they blindfolded him and, uh . ..
AL: Blindfolded Jeff Wright?

Page -3-
TC: Right. And told him that he couldn't do a situp.
AL: And ...
TC: And he attempted to do the situp and I guess Captain Schmidt pulled down his
pants or something to that nature when he did a situp.
AL: And Captain Schmidt was standing over him or bent over him at the time?
TC: I don't know.
AL: Okay, did you hear that from other TRT members? Or do you know who you
heard it from?
TC: I knew you were going to ask me that. I don't know if it was a TRT member or a
lieutenant or who I heard it from. I wanna say . .. I heard it from somebody.
AL: There was talk about it after it happened?
TC: Yes, sir. Actually, I don't even think I was back to work.

AL: Did you ever tell anyone after you heard this, uh, about the bionic situp that you
were going to write a complaint letter against Captain Schmidt for his actions
during the situp?
TC: No, sir.
AL: Never told a soul?
TC: That I was going to write a complaint on it? No, sir.
AL: Did anyone ever tell you that they were going to write a complaint letter?
TC: No, sir.
AL: Are you married?
TC: No, sir.
AL: Girlfriend?
TC: Yes, sir.

Page -4-
AL: Let me show you this letter here. This is the letter that was sent to the Director and
it's signed, Sincerely, Concerned Citizen. Looking at this letter as it is in this
shape or form, did you write this letter?
TC: No, sir.
AL: Did your girlfriend write this letter?
TC: Not that I'm aware of. I mean . .. I would hope not. I mean, I don't know what it
says, yet.
AL: It's a complaint letter against Captain Schmidt for his actions during that TRT
meeting doing the bionic situp.
TC: I would say, no.
AL: Did she ... was she aware of the situation? Did you tell her about the situp?
TC: She was there when everybody was talking about it.
AL: Did it offend her?
TC: I don't think so.
AL: Did she ever say that she was going to write a complaint letter or do anything
about it?
TC: No, sir.
AL: So, you have no idea who may have written this letter?
TC: No, sir.
AL: Did you ever hear of Captain, uh, Steve Williams was going to write a complaint
letter?
TC: That's .. .I don't, I don't know, I was trying to think of how I even heard about it. I
was going to say it was Lieutenant Williams that I heard about it from.
AL: Did he ever tell you that he was offended by what he'd heard about Captain
Schmidt?

Page -5-
TC: 1.. .don't recall.
AL: Did he ever tell you that he was going to write a complaint letter?
TC: Mmnun, no, sir.
AL: Did it ever cross your mind to write a letter?
TC: No, sir.
AL: You don't ever remember telling anyone that you were going to write a letter?
TC: I never said that.
AL: Never?
TC: Never. No, sir.
AL: Did you ever say to anyone that someone should write a complaint letter?
TC: I, I, no, sir. I would have said it if it would have happened to me. I probably
woulda got a complaint letter.
AL: Meaning, had you been Captain Schmidt and the other guy was ...
TC: Yes, sir.
AL: .. . Wright and he came up and hit you or you lowered your pants?
TC: Yes, sir. (pause) I had a similar, I mean not similar, but I had an incident that was
like that and I received a complaint letter.
AL: Do you get along with Captain Schmidt, now?
TC: Yes, sir.
AL: You're not having any problems?
TC: Well, uh, he doesn't like me.
AL: Why?

Page -6-
TC: I have no idea.
AL: Did he tell you this?
TC: No, sir.
AL: Oaugh) Then what makes you think he doesn't like you?
TC: Well, just recently I filed a grievance and, and the grievance, I kinda won and the
policy was changed, but then he wrote me a letter stating that I lied to him or ... it
was, uh, you'll just have to read the letter. It was a pretty harsh letter. But then,
another trooper filed a grievance about the same thing and he made the comment to
a sergeant and lieutenant that, if that trooper was gonna act like Tom Callin, he was
gonna be treated like Tom Callin.
AL: Have you ever gone and talked to Captain Schmidt about this?
TC: No.
AL: To try to clear up ifthere's any problem?
TC: Mmmm. I've tried to talk to him before and apparently there, he says there is no
problem. But, I mean for him to make a comment like that, obviously he says one
thing and does another.
AL: Are you trying to be vindictive against him for any reason?
TC: I have no reason to be vindictive toward him. I mean, in the past that what makes
me mad about him saying, making a comment like that because, like during our
audit interview, I stuck up for him. I, and, I have, in the past, like three months I
have went out of my way to try to tell people, I mean, he's been going through a
lot, just give him time. He's gonna be, I mean, he's gonna be back to his normal
self, uh.
AL: Have you ever met his wife? Or, his ex-wife?
TC: No, sir.
AL: Was his divorce a nasty divorce? Or did you hear it was a ... ?
TC: I heard it was.

Page -7-
AL: Do you think his wife would be capable of writing a complaint letter?
TC: I don't ...
AL: Based on what you heard about the divorce?
TC: Yes, sir. I mean, I went through the same thing. I know what women are capable
of doing.
statement?
TC: No, sir. (pause) Did my name come up that I wrote a complaint?
AL: Yes, sir. That you had mentioned to someone that you, you were going to write a
complaint letter against that, about that incident.
TC: No, sir. I may, I may have said (inaudible) is taking out of text. I may have said,
like, I told you before that had I done it I would have received a complaint. But, I
never .. .
AL: If you had written a complaint letter, would you have signed it?
TC: Oh, yeah. I have .. .I mean I didn't have any problem signing a grievance, I can
sign xp.y name to a letter. I would, I would want him to know who it was from.
that should be bought out?
TC: No, sir.
advised you are not to discuss this case or disclose your statements to anyone other
than designated Division authority until this case is closed.
TC: Can I read the letter?
AL: This is the end of the interview and the time is 8:28 a.m .

Transcribed by: Donna J. Devine
Date: 5/5/99
AJL: Captain Arthur J. Lane
JS: Captain Joseph R. Schmidt
GW: Attorney Greg Wilson
INTERVIEW OF CAPTAIN JOSEPH R. SCHMIDT
AJL: I am Captain Arthur J. Lane of the Florida Highway Patrol , Highway Patrol. I
JS:
will be conducting the interview of Captain Joseph R. Schmidt, who is the subject
of this investigation.
Section 112.532, Florida Statutes, known as the Law Enforcement Officers' Bill of
Rights, requires all interviews for any reason which could lead to disciplinary
action, demotion, or dismissal be conducted under certain conditions. Chief John
T. Czernis is the person in charge of this investigation.
In compliance with Section 112.532, you have the right to be represented by
counsel or any other representative of your choice. Do you request counsel or
representative during this interview?
Yes.
AJL: Persons present during this interview are: Captain Joseph Schmidt, and his
representative Attorney Greg Wilson and this interviewer.
This interview is being conducted at the Orlando FHP Station, Orlando, Florida.
The date is 5 May, 1999 and the time is 10:25 A.M.
As I have stated before, you are the subject of this investigation. This
investigation is an allegation in writing which is a complaint.
This investigation concerns alleged violations of State Statute 800.03, Exposure
of Sexual Organs, FHP Policy 3.01 Code of Conduct: Oath of Office, 3.03 Code
of Conduct: Regulations, which constitutes Violations of Statutory Authority;
Rules, Regulations, or Policies, punishable as provided in Rule 15-3.001 ,
Florida Administrative Code. The above constitutes the following disciplinary
offenses: Horseplay, Conduct Unbecoming a Public Employee, punishable as
provided in Rule 15-3.001 Florida Administrative Code .
1

The nature of the complaint is to determine if you violated the above State
Statute or FHP Policies or any other State Statute or FHP policies.
The name of the complainant, Colonel Charles C. Hall .
Have you been afforded an opportunity to review letters of complaint or other
witness statements prior to this interview today?
JS: Yes.
AJL: As a Law Enforcement Officer, I have the authority to administer an oath in
connection with the performance of my official duties. Any person making a false
statement under oath may be guilty of perjury and be subject of the penalties of
law.
Captain Schmidt would you please raise your right hand. Do you solemnly swear
that the testimony you shall give in this case shall be the truth and nothing but
the truth so help you God?
JS: Yes I do.
AJL: Are you now on duty?
JS: Yes .
AJL: This investigation concerns administrative matters only. Unless you give false
testimony, your statements cannot be used as evidence in any criminal
proceeding against you.
Do you understand your rights under Section 112.532 and the requirements that
you answer questions specifically, directly and narrowly related to the
performance of your official duties or fitness for office?
JS: Yes.
AJL: Has any promise or reward been offered to you as an inducement for you to
make a statement?
JS: No.
AJL: Would you please state your name and spell it for the record?
JS: Joseph R. Schmidt. S-C-H-M-1-D-T.
AJL: You're employed by whom?
JS: Florida Highway Patrol.
2

AJL: And what is your present rank?
JS: Captain
AJL: What troop and district are you assigned to?
JS: D-Cocoa.
AJL: Are you a member of the Tactical Response Team?
JS: Yes.
AJL: Are you the Tactical Response Team Commander?
JS: Yes.
AJL: How long have you been the Commander?
JS: I believe three years.
AJL: Let me show you a form here or a letter, basically a letter to the TRT
members, we'll just shorten the Tactical Response Team for TRT, and this is for
training on Friday, May 1, 1998, uh, from you. Is this your letter?
JS: Yes it is.
AJL: Okay, so on Friday, May 1, 1998, did you, uh, hold a TRT Training Session in
Orange County?
JS: Yes we did.
AJL: Okay, where was the training held?
JS: It was at the old Naval Training Annex which is off Daetwyler Road, just west of
the airport, International Airport.
AJL: What time did the training start?
JS: 3 O'Clock.
AJL: And what time did it end?
JS: Approximately 9 O'Clock .
3

AJL: This particular training exercise, do you recall what kind of outfit you were
wearing, clothing?
JS: We generally train in FHP Class C uniforms, except when we're doing physical
training, then we wear black shorts and gray t-shirt, sneakers.
AJL: This particular day, your training consisted of what?
JS: This particular day, we did physical training initially and then we did building
searches at some of the abandoned houses and , ah, buildings in that area.
Houses, we didn't search any buildings on that day.
AJL: Going into the Annex down there, as you drive down Daetwyler, how do you get
to the training site that you, you were at?
JS: The initial site where we did the physical training or where we actually did the
building searches? There's two different areas.
AJL: Where did you do the "bionic situp"?
JS: The "bionic sit-up", we
AJL: What area?
JS: Okay, it was one of the buildings, I want to say it's the northern most building in
the center of the complex. It's difficult to describe exactly where it's at, I've only
been there about three times. But, it's a building, I want to say it's an old club
building or something like that. But it's like the Northernmost building in the
center part of that area.
AJL: Okay, so again as you go in Daetwyler
JS: m,m
AJL: How far away do you go down to get to this area?
JS: I'm gonna take a guess and say it's a half a mile in, but I don't, I'm not a hun, I'm
not really sure.
AJL: Do you go back to the West or do you go back to the East?
JS: I believe we go north.
AJL: Aren't you going south on Daetwyler?
4

JS: I'm sorry, yes it is south, it is south. Right, we're heading south. I believe it's
the southeast maybe. I'm not sure. I know how to get there, I know the building
that we parked at and where we did our physical training at. I know how to get
there, but I don't, it's difficult for me to give you exact directions how to get there.
AJL: But, there's several abandoned homes in that area?
JS: The abandoned homes are not in that immediate area. The homes are I want to
say west, where we trained were west, it's old Navy housing that's there that they
were refurbishing, or they were in the processing of refurbishing at that time.
And that' s west of where we did the actual physical training.
AJL: Do you know what a "bionic sit-up" is?
JS: Yes I do.
AJL: Okay, what is a "bionic sit-up"?
JS: A "bionic sit-up" is a prank you play on someone. You basically make a
statement to a group of people that you can't do a sit up with your eyes covered.
One person can hold your, your fing, can put a finger on your head and hold you
down. Ah, you lay the person on the ground, you lay a towel or something over
their eyes so their eyes are closed or covered. One person will put the finger on
their head and one person will hold their feet and then when the guys eyes are
covered someone straddles him facing away from him, not touching him, as the
person starts to do the sit up he drops the, the rear part of his pants. He comes
up and it puts him in an awkward position. I believe the actual prank, the joke is
you take a picture of him when they do that.
AJ L: During your training session on May 1, 1998, did anyone perform a "bionic sit-
up"?
JS: It was during a work break after the physical training, but before we changed into
our uniforms for the rest of our training. Yes.
AJL: Who?
JS: Who performed the sit-up?
AJL: Yes.
JS: Trooper Wright.
AJL: Did he volunteer or was he chosen?
5

JS: He volunteered. In the context that I just gave you, we made the statement to
several people and he said "No, I don't think you can do that". I think, I recall him
making the comment "I know this is some kind of joke, but I want to see how it
works out".
AJL: Do you know who brought up the idea of doing the "bionic sit-up"?
JS: There was several of us there that knew about it, ah, I don't remember
specifically.
AJL: Who held the finger on Trooper Wright?
JS: I don't recall.
AJL: Did Lieutenant DiPace hold his finger on ..
JS: It's, it's possible. I don't recall specifically.
AJL: What was placed over Trooper Wright's face?
JS: A towel.
AJL: Was it tied?
JS: No, no, the, the prank would not work if it was tied. It has to come off when his
head goes up.
AJL: Alright. After, after Trooper Wright was on the ground in the sit up position, with
his eyes covered, what did you do?
JS: I stepped across him facing away from him and when they said go I dropped the
rear part of my pants.
AJL: Now these are the shorts that you had on?
JS: I had running shorts on right.
AJL: When you lowered your running shorts did you lower your underwear also?
JS: I didn't have any underwear on. I had a pair of running shorts with a liner in
them. I didn't have a pair of underwear on.
AJL: When, when you lowered your shorts, did you lower, did you expose your
genitalia?
JS: If I did it, it was inadvertent. That was not part of the prank.
6

AJL: Did Trooper Wright complete the "bionic sit-up"? In other words, did he come up,
did he touch you?
JS: Oh no, no, I don't think Trooper Wright can physically do a sit up where he could,
where he could do that. Because of his body construction, no.
AJL: But he never touched you?
JS: Oh no, no.
AJL: After this "bionic sit-up" did any of the members on the TRT tell you that they
were offended?
JS:
AJL:
JS:
AJL:
JS:
AJL:
No.
Did Trooper Wright tell you that he was offended?
Ah, to the contrary, he thought it was very amusing.
What was the purpose of doing the "bionic sit-up"?
As I said, we were taking a work break, it was a casual prank. It wasn't meant to,
it wasn't meant to be offensive, it wasn't meant to be humiliating. It was just
basically a casual prank, a joke.
While you were in the area of doing the, where you did the "bionic sit-up" did you
observe any vehicles drive by, ah, during your training in that spot?
JS: We had just run around the perimeter of the area that we did it, there were no
cars in that area. Where we physically parked the cars and we physically did this
stunt , view was blocked on all areas, there was a building between us and
Daetwyler, the cars were between us and the housing area to the west, there
was a large tree there, and there was nothing to the south that I can recall.
AJL: Okay, but did you ever see any cars drive by while you were there, during the
stunt? Before.
JS: Oh no, absolutely no, no there was no one, there was no one in that area when
we did that.
AJL: Did you ever observe any civilians standing nearby?
JS: Oh no, no there was no one in that probably within a quarter mile of that.
AJL: Did you observe any bicycle traffic go by?
7

JS: Not at that time, later on in the evening when we moved to the second site there
were some people riding bicycles, that was probably a hour, hour and a half later.
AJL: The second site is where you did the building searches?
JS: Yeah, it's in the general area of the one site but it's not, it's probably within a
quarter mile of it. That's where the civilians on their bikes were and that was
probably after five o'clock.
AJL: All right, the location of the "bionic sit-up", how close was the "bionic sit-up" done
in relation to the road?
JS: Which road? You talking about Daet.. ..
AJL: Whichever one, whichever one was closest to you?
JS: There's no, I don't know if your familiar with the area or not Captain Lane, there's
driveways and streets and everything all around there. The main road, all right,
the main road is Daetwyler Road, that is, there's a building between us and that
road and then I'd say a couple hundred yards to that road.
AJL: All right, but from Daetwyler did you not have to take another road to get over to
where you were at doing the "bionic sit-up"?
JS: Right, it's like, yeah, correct.
AJL: So how far would that road be?
JS: Oh, I don't know it may be adjacent to the building, I don't recall, but it's not a
traveled road, it's more of a driveway than a road.
AJL: So in between the "bionic sit-up" and Daetwyler, there's a building in between?
JS: We're in the front yard part of that building, correct. We did it on the grass
portion of it.
AJL: And Daetwyler you say is approximately how far?
JS: Oh, I'd say a couple hundred yards, and I, I'm not a hundred percent sure of the
name of the road. I'm not familiar with the area that well.
AJL: Did you have Trooper Wright handcuffed during the "bionic sit-up"?
JS: No .
8

AJL: Did you have Trooper Wright get on his knees and you walk up to him and pull
him, pull down your shorts ...
JS: No.
AJL: Exposing your genitalia in his face.
JS: No, no, no.
AJL: You read the complaint letter or the concerned citizen letter. Do you know who
wrote this complaint letter?
JS: I have very strong suspicion on who wrote that letter.
AJL: Other than suspicion, do you know who wrote it? Proof.
JS: No.
AJL: Do you feel that your actions were appropriate for your rank and position, ah, in
doing this "bionic sit-up"?
JS:
AJL:
JS:
AJL:
I think in the context that it was done in, and the triviality of the whole incident, I
don't think it had any kind of significant affect one way or the other .
Do you have anyone on your TRT Team that is out to get you, that you know of?
Not that I'm aware of.
Captain Schmidt is there anything that I have failed to ask you that you would like
to add to this statement?
JS: Yes. This incident happened over a year ago. The complaint did not come in
until February. It was a very brief, trivial incident, other than this complaint letter,
which is almost a year later, nothing has happened to the efficiency of the unit,
ah, no one's quit the team, it's totally voluntary, no one has ever expressed any
kind of concern over the incident to me at all , I've never heard of anybody having
any real concern of the incident. There was nothing, it was a trivial little thing, ah,
everybody laughed about it. The reason that this information got out is the
people on the team thought it was funny and it was amusing and they talked
about it, ah, the complaint letter is obviously written by someone who wasn't
there. It's almost exaggerated and distorted to the point of falsehood almost. It
obviously was written by someone with an agenda. And that's alii have to say.
AJL: Is there anything that I have failed to ask you that is pertinent to this investigation
9

JS: No .
GW: How about telling your Major about it?
JS: After this incident, a couple of weeks after this incident, Trooper Wright came to
me and he was concerned that there was a rumor being spread around our
district that Lieutenant Williams was going to file complaint, he overheard
something about this, was gonna file a complaint to get me fired, so he could get
my job as District Captain. Lieutenant Williams has always been honorable with
me, I know he would not in any way, shape, or form, you know, file an
anonymous complaint like this. Trooper Wright, I asked Trooper Wright, basically
I, you know talked Trooper Wright into telling me who had spread this and that
was Trooper Callin. At that point, at that point, ah, Lieutenant Williams was
holding Trooper Callin accountable for some issues, for his behavior, a few other
things that he was doing. This is, Trooper Callin has a record of trying to subvert,
command people or supervisory people that are trying to hold him accountable,
so that, that all made sense to me. I talked to Lieutenant Williams about this and
I told him what I heard, he was very upset about it, uh, he was mad that Trooper
Wright was treating him that way. Uh, I told him that now that we were aware of
a complaint was generated, we'd know where it was come from, that not to worry
about it. At some point later, I basically talked to the Major, I said if an
anonymous complaint comes in based on this, uh, based on this, it's from Catlin,
it's not from Williams, I mean, and I explained to him that he was trying to spread
the rumor about Williams, and I left it at that.
AJL: This is Major Gregory?
JS: Ah, yes, it was Major Gregory.
AJL: You read the statements from Williams and Catlin?
JS: Correct.
GW: Can I correct one thing, cause I think he used the wrong Trooper's name. You
said that Sergeant Williams was upset that Trooper Wright would say something.
JS: It was Lieutenant Wil, it was Lieutenant Williams, he was upset that that rumor
was being spread.
GW: At Trooper Wright?
JS: No.
AJL: He was upset, he was upset at the way Trooper Wright appeared to be treating
Lieutenant Will iams at the time. He was being cold to him is what he was .
10

JS: Right.
GW: Trooper Wright was?
AJL: Yes.
JS: Trooper Wright because he felt that Lieutenant Williams was going to file this
anonymous complaint.
GW: I want to make sure it was right.
AJL: No I understood ....
JS: It was Lieutenant Williams. Uh,
AJL: What did, what did Major Gregory tell you about this?
JS: I don't remember the specifics of the conversation, I just basically made him
aware of the fact that if an anonymous complaint came in based on that incident,
that Trooper Callin was in all probability the source of that complaint. And what
his agenda was for submitting that complaint.
AJL: Do you have anything else?
JS: No.
AJL: Upon request, you will be provided a copy of your statement at no cost to you.
Upon conclusion of this investigation, you will be notified in writing of the
disposition of the case.
This is the end of the interview and the time is 10:45 A.M.
"The foregoing statement was swom to and subscribed before me this 5 day of
May, 1999. Arthur J. Lane, Florida Highway Patrol.
11
01/ 28/ 1999 10:42 7372348
TROOP 0 ORLANOO
State of Florida
DEPARTMENT OF
Ft.GE 02102
HIGHWAY SAFETY AND MOTOR VEHICLES
TALLAJI.-'.SSEE, fLORIDA 323990500
FRED 0 . DICKINSON, ill
Executive DireCtOr
TO:
FROM:
SUBJEcr:
Captain Joseph R. Schmidt
Major RickS. Gregor']Vit
Wrinen Rp.rimand
PostOffice 140193
Orlando, Florida 328140 193
June 30, 1999
.This is a writtera reprimand for Horseplay . ._, \ c,f 1..)

JUL 2 8 1999
Emptoyee Relations
. & a resu1t of lhis it was determined that on Friday, May 1, 1998 you participated
in a ' 'Bionic Sit-up" with members of the Troop D Resp(inse Team during the May 1998 training. A
"Bionic Stt up" consists of a membet lying on the ground in a position, blind folded with. another member
-;- applying pressure to the person's forehead with their finger. The member perfonnlngthe sit-up is not told that the
person applying pressure to their forehead would let go as the member struggled to do the sit1.1p. By releasing the
pres$ute, tb.e person doing the sit-up wou1d spring fom<U"d and strik a pmon standing over him. ln. this case:, a
Jeffcey Wright) was challenged to perfonn a Bionic Sit-up. When Ttoopet Wright attempted to
perfonn a "Bionic Sxt-up'' yuu straddled his torso ancl exposed your bare buttocks by lowering your trousers and
under wear. As Trooper Wright did tb.e sit-up, his face came very close to striking your bare buttocks.
11lis incident OCCUl'1'ed during a Tactical Response Team training meeting, of which you were in
command and in charge. This incident wall witnuscd by members of the Tactical Response Team. and was in au
area lVheJe vehicles and bicycles ttllvel. The fact that were in command of the Tactical Response
Team, the training serves to this case. This behavior 'indicates poor judgement and will not be tolerated.
Any future violations will result in further disciplinary action being taken.
This action being taken in accordance with Chapter 15-3, DHSMV "Standards of
Disciplinary Actions."
RSG:xg
Cc: Colonel Charles C. Hall
Lie\lten.nt Colonel Billy Dickson
Chief' James M. J..ee
Personnel Services
Complaint Case tl 0.9900.55-D
SAS Con9ulte<l by: Major RickS. Gttgon Date:
H!Olrn'.A Y PATROL LICENSES MotOR VEWCLE5 ADMINIS'l'RA TIVE
Neil Klricman T llllah-tt, Ji'loritla 32199-0500
' - ---'
Disciplinary Action Staff Review
Employee: captain JOOOiil R. SCbnidt
Classification ...
X
---
SUSTAINED
UNFOUNDED
EXONERATED
Disciplinary Action Taken ...
ORAL REPRIMAND
Complaint Number: D-99-0055-D
NOT SUSTAINED
---
PREVENTABLE
---
POLICY FAILURE
ALTERNATIVE 8 HR./DOC
--- - - -
X WRITTEN REPRIMAND
---
--
SUSPENSION - HOURS
---
DISMISSAL
Comments ...
DA
--

. 2 8 1999 ...

lt'lTERNAL REVi EW
e
ALTERNATIVE REPRIMAND/CEO
COUNSELING
OTHER:
Complaint Investigation Report Check List
Case Number: D-99-0055-D Investigator: Captain Arthur J. Lane
Please check each as they are included
X
I.
X II.
X Ill.
X IV.
X v.
X VI.
X
X
X
X
X
X
X
X
X
X
X
VII.
Complaint Transmittal Form (HSMV 60217)
Closing Report (FHP Policy Manual Addendum 8.01-6)
Staff Review Form
CJSTC 78 Form
Complaint Intake and Inquiry Form (HSMV 60961)
Investigative Report (Original)
1. Case Report Cover Sheet (HSMV 60064)
2. Index
3. Witness List
4. Case Opening
5. Predication
6. Summary
7. Classification
8. Status
9. Investigative Findings and Conclusions
1 0. Investigative Details
11. Exhibits
FHP Crash Report
1. Employee Statement
2. Notice of Injury
x VIII. Prosecution Release Form (HSMV 62120) or Letter
IX. Disciplinary Action Documents
1. Counseling
2. Written Reprimand
3. DOC Documents
4. Predetermination Letter
5. Final Action Letter
6. Closing Letter to Complainant/ Employee
X. Settlement Agreement
(If Necessary)
Supervisor Completing Report: ------------ Date:
Complaint Investigation Case Closing Report
Case Number: D-99-0055-0 Investigator: Captain Arthur J. Lane
Employee Name: Capt Joseph R. Schmidt Date Case Closed: 05/07/99
Investigative Findings:
Employee engaged in "horseplay" while commanding/supervising agency Tactical
Response Team Training, by exposing his buttocks. This occurred when employee
participated in a .. Bionic-Situp" with another member. This action was witnessed by
several other members.
Criminal Violations: Yes D No [8] Presented to State Attorney: 03/26/99
Charges Filed:
1.
2.
3.
If no criminal violations, Prosecl:J!or:s Yes [8] No D
Proposed Disciplinary Action:w.iten Disciplinary Action: ______ _
Florida Administrative Code Violations:
1. Violation of Statutory Authority, Rules, and Regulations or Policies.
2. Horseplay
3.
4.
5.
Settlement Agreement Terms:
Supervisor Completing Date: 06/30/99
e Florida Highway Patrol
DMSION OF FLORIDA IUGHWAY PATROL
COMPLAINT INVESTIGATION TRANSMITTAL FORM
TROOP: DISTRICT: Cocoa
Control Number: D-99-0055-D
Name: Captain Joseph R Schmidt
SUBJECT: Complaint: 0 Citizen t8J Division 0 Agency Vehicle Crash
TO: Files
Assigned lovestigator
The attached investigation has been conducted and has been classified as follows (Use additional pages if
necessary):
0 Exonerated 0 Unfounded 0 Not-Sustained [8] Sustained
Rankfritle Captain
Recommendations
0 Policy Failure 0 Preventable
Date: 5nl99
Based on my review of the file and employee's record, I recommend the following action:
Written Reprimand, in accordance with Chapter 15-3, DHSMV Rules, "Standards or Disciplinary Actions.''
Signature Major Rank/Title Major Date: 6/30/99
Command Review
I have reviewed the attached reports and recommendations and find them to be in compliance with all applicable
statndards governing complaint processing and agree with the recommended action. (If a reviewer disapproves,
please provide your recommendation(s) and attach an explanatory memorandum.
Sergeant Date
Cap tam Date
QApprove
QDisapprove
0Approve .
ODisapprove
Resolved (Specify date and type of action taken):
Discipline > 24 Hours Suspension:
'7-t.>'ft E']"Approve
MF Date ODisapprove
0 Notice of Proposed Disciplinary Action Attached
HSMV 60217 {4/93)
QApprove
... ...
Internal Investigation Report Form
CJSTC
78
Please read instructions on back of this form that tell you when and how to use it. Type or Print in black
ink.
1.
2.
3.
OFFICER
SSN: 265-51-3745 5.
Officer's Name Schmidt 6.

Joseph R. 7.

Officer' s Last Known Address:
3775 W. King Street 8.
(Street)
Cocoa
AGENCY
ORI: FL00591 00
Agency: Florida Highway Patroll
(Nwne)
Agency Contact: Major Rick S. Gregory
(Name)
Telephone Number: (407) 737-2300

Florida
(City)
32926 9. Agency FAX Nwnber: (407) 737-2348

VIOLATION/ALLEGATION
10. Nature of Allegation(s): Employee engaged in horseplay while commanding/supervising agency
Tactical Response Team training, by exposing his buttocks in the presence of other members.
11. Agency Disposition: 0Sustained -
(Violation of s.943. 13{4) or (7) (Violation of Agency Policy)
0Not sustained 0Unfounded OExonerated
12. Criminal Charges Files: None
13. Agency Disciplinary Action: Written Reprimand

14. If the allegations have been sustained and determined to be a violation of s.943.13( 4) or (7), attach and
forward the following to the Division of Criminal Justice Standards and Training:
QSummary of the Facts Ointernal Investigation Report ON ames & Addresses of Witnesses
QWitnesses Statements/Depositions O Certified Court Documents QOther Supportive Information
NOTICE: Pursuant to Florida Statute 943.1395(5), an employing agency must conduct an internal
investigation when having cause to suspect than an officer it employs is not in compliance with Section
943.13(4) or (7), F.S. If the investigation is sustained, the employing agency must forward a report to the
Commission as specified by Rule llB-27.003.
Agency Adirimistrator's Signature Date Signed
ffective l /01/93
I
Case Number: D990055D
Employee: CAPTAIN JOSEPH R SCHMIDT
CAUCASIAN
Date of Incident:
Date Troop Received Complaint:
Date Complaint Number Issued:
2110/99
2110/99
514/99
M
Professional Compliance
CASE OPENING
Allegations: INFORMATION WAS RECEIVED OF ALLEGED MISCONDUCT, EXPOSURE OF SEXUAL ORGANS, AGAINST CAPTAIN
DURING A TRT TRAINING SESSION.
Investigator: LANE, ARTHUR J
Date Due in GHQ: 6/3/99
Complainant:
Address:
Comments:
OTHER PENDING CASES:
Case Number Allegations
D-98-0127-D PROPERTY WAS STOLEN FROM COCOA FHP STATION.
Bureau of Investigations
Professional Compliance
Complaint Summary
Employee: JOSEPH R SCHMIDT
Report Date: 514199
* CASE NUMBER: C-84-0552-E DATE CLOSED: 8/29/84
CLASSIFICATION: NOT SUSTAINED
PRIMARY FAC : USING PROFANE/ABUSIVE LANGUAGE
2nd FAC :
3rd FAC :
4thFAC :
5th FAC :
ALLEGATIONS: TROOPER USED PROFANITY.
INVESTIGATIVE
FINDINGS:
* CASE NUMBER: P-85-0011-E DATE CLOSED: 8/14/85
CLASSIFICATION: SUSTAINED
PRIMARY FAC : MINOR CRASH AGENCY VEHICLE
2nd FAC:
3rd FAC :
4thFAC :
5th FAC:
FINAL ACTION: NO ACTION
FINAL ACTION: COUNSELLING SESSION
ALLEGATIONS: DEPT VEH WAS BACKING FROM A PARKING STALL DEPT VEH TURNED T 0 ITS LEFT AND STRUCK A
COVERED PARKING AREA SUPPORT POLE WITH ITS LEFT FRONT. $100.00 DAMAGE. NO INJURY.
INVESTIGATIVE
FINDINGS:
CASE NUMBER: P-86-0397-E DATE CLOSED: 8/11/86
2nd FAC:
3rd FAC:
4thFAC :
5th FAC :
FINAL ACTION: WRITTEN REPRIMAND
ALLEGATIONS: DEPT VEH STRUCK OTHER VEH IN REAR. $50.00 DAMAGE. NO INJURY.
INVESTIGATIVE
FINDINGS:
A * in front of case number means case has been destroyed
JOSEPH R SCHMIDT Page 1 of2
* CASE NUMBER: P-86-0442E DATE CLOSED: 10/9/86
PRIMARY FAC : MORE SERIOUS CRASH AGENCY VEHICLE
2nd FAC :
3rd FAC :
4thFAC:
5th FAC:
FINAL ACTION: 8 HOUR SUSPENSION
ALLEGATIONS: DEPT VEH IN PURSUIT OF MCY, FAILED TO STOP FOR STOP SIGN, EN TERED INTERSECTION, WAS STRUCK
ON LEFT SIDE. $7,000.00 DAMAGE. 21NJURIES. CLAIM PENDING.
INVESTIGATIVE
FINDINGS:
* CASE NUMBER: P-89-0287-F DATE CLOSED: 12112189
2nd FAC:
3rd FAC:
4thFAC:
5th FAC:
FINAL ACTION: WRITTEN REPRIMAND OR CEO -
ELECTED CEO
ALLEGATIONS: TROOPER WORKING OFF DUTY JOB. HOOD WAS RAISED TO SAFETY CATC H. DEPT VEH RESPONDED TO
NORTH END OF CONSTRUCTION AREA, HOO D FLEW UP. $75.00 DAMAGE. NO INJURY.
INVESTIGATIVE
FINDINGS:
A * in front of case number means case has been destroyed
JOSEPH R SCHMIDT Page 2 of2
'
DIVISION OF FLORIDA HIGfHiAY PAT?.OL
COHPLAINT SECTION
C0l1PL..l\INT I NTAKE ' F ORH
CASE # : 1).- Oo..;s- b TROOP :
LOG : V.
Hl'rAKE :...:.. )-+-,-----
PRIORS : \j
_:...___ ___ _
HJI.ILED :
--- - - -
FOLDER :
- - -----
El-IPLOYEE ( L I F ( HI I R..l\NK) : _ __, ..... t<-i :' =- __ - __;; .:. '--- _I ...... H'---.......-..-----
EHPLOYEE SSN: 2;Q5 - 5 \ - 3("\15"'
RACE : / SEX:
----
DATE OF
DATE COHPLAINT RECEIVED : Z- -
DATE COHPLAINT NUl1BER ISSUED:
INVESTIGATOR: c ?". LCING

SSN: Ol] - jQ_- 0?zb1
TROOP COl-LM.F.NDER NOTIFIED
I
(Y/N) :+
REQUESTOR: _____ ________ __

COHPL!). IHANT .ADDRESS :

COHHEHTS:

Complaint Investigation Report Check List
Case Number: D-99-0055-D Investigator: Captain Arthur J. Lane
Please check each as they are included
X I. Complaint Transmittal Form (HSMV 60217)
X II. Closing Report (FHP Policy Manual Addendum 8.01-6)
X Ill. Staff Review Form
X IV. CJSTC 78 Form
X v. Complaint Intake and Inquiry Form (HSMV 60961)
X VI. Investigative Report (Original)
X 1. Case Report Cover Sheet (HSMV 60064)
X 2. Index
X 3. Witness List
X 4. Case Opening
X 5. Predication
X 6. Summary
X 7. Classification
X 8. Status
X 9. Investigative Findings and Conclusions
. x 10 . Investigative Details
X 11. Exhibits
VII. FHP Crash Report
1. Employee Statement
2. Notice of Injury
X
VIII. Prosecution Release Form (HSMV 62120) or Letter
IX. Disciplinary Action Documents
1. Counseling
2. Written Reprimand
3. DOC Documents
4. Predetermination Letter
5. Final Action Letter
6. Closing Letter to Complainant I Employee
X. Settlement Agreement
(If Necessary)
Supervisor Completing Report: Date:

Control Number:
Name:
SUBJECT:
TO:
DMSION OF FWRIDA IDGHWAY PATROL
COMPLAINT INVESTIGATION TRANSMITTAL FORM
TROOP:....JL
D-99-0055-D
DISTRICT:
Qlptain Joseph R Schmidt
COCOA
Complaint: 0 Citizen 1:81 Division 0 Agency Vehicle Crash
Files
Assigned Investigator
The attached investigation has been conducted and has been classified as follows (Use additional pages if
necessary):
D Exonerated D Unfounded D Not-Sustained 1:81 Sustained

D Policy Failure 0 Preventable
Rank/Title Captain Date: 5nl99
Recommendations
Based on my review of the file and employee's record, I recommend the following action:
Signature Ranklfitle Date:
Command Review
I have reviewed the attached reports and recommendations and find them to be in compliance with all applicable
statndards governing complaint processing and agree with the recommended action (If a reviewer disapproves,
please provide your recommendation(s) and attach an explanatory memorandum.
Sergeant
Cap tam
Date
Date
0Approve
0Disapprove
0Approve
UDisapprove
Resolved (Specify date and type of action taken):
Discipline > 24 Hours Suspension:
Bureau Chief Date
0Approve
0Disapprove
0 Notice of Proposed Disciplinary Action Attached
HSMV 60217 (4/93)
0Approve

UApprove

0Approve
D,...ep .. uty"!'""""'DI"r'u"""e ..

Complaint Investigation Case Closing Report
Case Number: 0-99-0055-0 Investigator: Captain Arthur J. Lane
Employee Name: Capt Joseph R. Schmidt Date Case Closed: 05/07/99
Investigative Findings:
Criminal Violations: Yes D No 0 Date Presented to State Attorney:. _ _ __ _
Charges Filed:
1.
2.
3.
If no criminal violations, Prosecutors Release? Yes 0 No 0
Proposed Disciplinary Action: Final Disciplinary Action: ____ _ _ _
Florida Administrative Code Violations:
1.
2.
3.
4.
5.
Settlement Agreement Terms:
Supervisor Completing Report: ___ _ ___ ______ Date: ____ _


Disciplinary Action Staff Review
Employee: Captain Joseph R. Schmidt Complaint Number: D-99-0055-D
Classification .. .
X SUSTAINED NOT SUSTAINED
- - - ---
UNFOUNDED PREVENTABLE
--- - --
EXONERATED POLICY FAILURE
Disciplinary Action Taken .. .
ORAL REPRIMAND ALTERNATIVE 8 HR./DOC
- - - - --
WRITTEN REPRIMAND ALTERNATIVE REPRIMAND/CEO
---
SUSPENSION - HOURS COUNSELING
- -- ---
DISMISSAL OTHER:
Comments ...
Date: I I
- - - - - - ~ - - ~ ~ ~ - - - - - - -
(Bureau Chief)

Internal Investigation Report Form
CJSTC
78
Please read instructions on back of this form that tell you when and how to use it. Type or Print in black
ink.
OFFICER AGENCY
1. SSN: 5. ORI: FL
2. Officer's Name 6. Agency:
(Last) (Name)
7. Agency Contact:
(First)
3. Officer's Last Known Address:
(Ml) (Name)
8. Telephone Number:
(Street)
(City)
- - - - - , . . , . . . . . . - - - - - - - - ~ , . . . . . . . . . . , . . . - 9. Agency FAX Number: - - - ------- -
(Street) (Zip Code)

VIOLATION/ALLEGATION
10. Nature of Allegation(s):
11. Agency Disposition: 0 Sustained - 0Sustained-
(Violation of s.943.13(4) or (7) (Violation of Agenc:y Polioy)
0Not sustained 0Unfounded 0Exonerated
12. Criminal Charges Files:
13. Agency Disciplinary Action:;__ ________________________ _
14. If the allegations have been sustained and determined to be a violation ofs.943.13(4) or (7), attach and
forward the following to the Division of Criminal Justice Standards and Training:
0Summary of the Facts Olntemal Investigation Report ON ames & Addresses of Witnesses
0Witnesses Statements/Depositions OCertified Court Documents 00ther Supportive Information
NOTICE: Pursuant to Florida Statute 943.1395(5), an employing agency must conduct an internal
investigation when having cause to suspect than an officer it employs is not in compliance with Section
943 .13( 4) or (7), F. S. If the investigation is sustained, the employing agency must forward a report to the
Commission as specified by Rule l lB-27.003.
Agency AdlDiDiStl'ator' s Signature
Date Signed
Effective 1101/93

Florida Department of Highway Safety
and Motor Vehicles
BUREAU OF INVESTIGATIONS
CASE REPORT
171999
Bureau of lnvestlgatlone
GHQ
HSMV 60064 (Rev. 6196)
Type of Investigation Exposure of Sexual Organs
Case No. D-99-0055-D I 99-99-00214-08
By CaptainArthurJ. Lane
Date Initiated ......: 0=2::.--1.:...:: 0:.....:: -9=9 ________ _
Date Suspended
Date Closed 05-0 -:,z:;,.91

Re-Opened r- .....,;c----
lndex Cards Yes No XX

INVESTIGATION REPORT
INDEX
CASE OPENING ....................... .. ................................................ 1-2
WITNESS LIST ........................................ ............... . ................. 3-5
PREDICATION ......................................................................... 6
SUMMARY ................................................................ .................. 6-7
CLASSIFICATION . .............................................. ...... .................... 8
STATUS . ........................................ .. .................................. .. . .. 8
INVESTIGATIVE FINDINGS AND CONCLUTIONS ................................ 9-10
INVESTIGATIVE DETAIL . , .............................................................. 11-24
EXHIBIT 1
COMPLAINT LETTER
TRT TRAINING LETTER FOR MAY 1, 1999
TRT TRAINING REPORT .
CASE SUBMISSION FORM TO STATE ATTORNEY
EMPLOYEE INTERVIEW NOTIFICATION LETTER
EXHIBIT 2
STATE STATUTE 800.03 EXPOSURE OF SEXUAL ORGANS
STANDARDS OF DISCIPLINARY
FHP POLICY 3.03 CODE OF CONDUCT:REGULATIONS
EXHIBIT 3
TAPED SWORN STATEMENT ............... TROOPERJEFFERY A. WRIGHT
TAPED SWORN STATEMENT ............... TROOPER CLEVELAND L. JOHNSON
TAPED SWORN STATEMENT ............... TROOPER MICHAEL L. JONES
EXHIBIT 4
TAPED SWORN STATEMENT ............... LIEUTENANT THOMAS P. O'NEILL
TAPED SWORN STATEMENT ............... LIEUTENANT ANTHONY F. DIPACE
TAPED SWORN STATEMENT ............... TROOPER DENNIS P. WARREN
EXHIBIT 5
TAPED SWORN STATEMENT ............. .. TROOPER TIMOTHY A. WOOD
TAPED SWORN STATEMENT ...... ......... TROOPER MARK A. CLARK
TAPED SWORN STATEMENT ................ CORPORAL DWIGHT K. WILES
By: CAPTAIN ARTHUR J. LANE Case #: D-99-0055-D
This D o C ~ ~ ~ M n t is confidential and is the property oftu FHP. Its contents are not to be distributed outside your agency.
HSMV 61063 (REV. 12/93)

EXHIBIT 6
TAPED SWORN STATEMENT ... ....... ... .. CAPTAIN STEVEN A. WILLIAMS
TAPED SWORN STATEMENT ........... .. .. TROOPER THOMAS D. CALLIN
EXHIBIT 7
TAPED SWORN STATEMENT ................ CAPTAIN JOSEPH R. SCHMIDT
Case#: D-99-0055-D
2

CASE OPENING
PREDICATION:
INFORMATION WAS RECEIVED ALLEGING MISCONDUCT AGAINST CAPTA1N JOE
SCHMIDT.
INVESTIGATOR'S NAME: LANE, ARTHUR J
CASE NUMBER: 99-99-00214-08
UCRCODE: INTERNAL REVIEW UNIT- FHP
DATE OF INTAKE: 2/10/99
DATE INVESTIGATION OPENED: 2/ 10/99
PRIORITY CODE: 1
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Witness List
1. Trooper Michael Jones
5200 East Colonial Drive
Orlando, Florida 32807
Work #407 -897-5959
Can testify to being present during Bionic Sit-up. Jones observed
Captain Joseph Schmidt stand over Trooper Jeff Wright and lower his
shorts and underwear. Jones observed Schmidt's genitali a. Jones
was offended and felt that Captain Schmidt's actions were
inappropriate for a Captain and went a little too far.
2. Lieutenant Thomas P. O' Neill
3775 W. King St.
Cocoa, Florida 32936
Work #407 -690-391 0
Can testify to being present during the Bionic Sit-up. Observed
Captain Schmidt's buttocks and did not see his genital ia. Probably
would have been offended had he been the person doing the sit-up .
Captain Schmidt's actions were improper due to Schmidt being a
Captain.
3. Trooper Cleveland L. Johnson
3775 W. King St.
Work #407 -690-3910
vehicle and bicycle traffic in area of training site. Observed Captain
Schmidt's buttocks and genitalia. Captain Schmidt's actions were not
appropriate because of the training being held in an open area and
anyone with a family could have driven by at the time of the sit-up.
Would have been offended had he been the one doing the sit-up and
would probably would have done something to Captain Schmidt that
he would have regretted. Observed Trooper Wright's face touch
Captain Schmidt's buttocks. Quite embarrassed over the incident.
By: Captain Arthur J. L a n ~ Case #: D-99-0055-D
This DoCIUIU!nl is conjidentioliiiUl is t h ~ property of the FHP. Its contenb are not to be disttibuJed outside your agency.
HSMV 61063 (REV. 12/93)

4. Trooper Mark A. Clark
3775 W. King St.
Work #407 -690-391 0
Can testify to being present during the Bionic Sit-up. Was not
offended by Captain Schmidt's actions. Observed Captain Schmidt' s
buttocks but not his genitalia. Not sure if Trooper Wright made
contact with Captain Schmidt's buttocks. Did observe traffic passing
by during training session.
5. Trooper Timothy A. Wood
5200 East Colonial Drive
Work #407 -897-5959
Can testify to beirig present during the Bionic Sit-up. Was not
offended by Captain Schmidt's actions. Observed buttocks but not
genitalia. Trooper Wright came close to Captain Schmidt's buttocks
but is not sure if they touched.
6. Corporal Dwight K. Wiles
1551 E. International Speedway Blvd.
Deland, Florida 32724-8714
Work #904-736-5350
Can testify to attending the training session, but being late because of
court. Bionic Sit-up had been performed prior to his arrival.
7. Trooper Dennis P. Warren
1551 E. International Speedway Blvd.
Deland, Florida 32724-8714
Work #904-736-5350
Captain Schmidt' s buttocks but not his genitalia. Doesn't know if
Trooper Wright made contact with Captain Schmidt's buttocks, but
Wright came extremely close. Was not offended by Captain
Schmidt's actions. Observed traffic and may have seen bicycles in
the area. Lieutenant DiPace held his finger to Wright's forehead .
Case #: D-99-0055-D
2

8. Lieutenant Anthony DiPace
5200 E. Colonial Drive
Work #407 -897-5959
Can testify to being present during the Bionic Sit-up. Held finger to
Trooper Wright's forehead during the sit-up. Observed Captain
Schmidt's buttocks but not his genitalia. Did not see any contact ,
when Wright did the sit-up. Stated that,"Captain Schmidt was the
Butt man." Was not offended by Captain Schmidt's actions. No one
at training site appeared offended. Never observed vehicles or
bicycles go by the training site.
"In context as to how it was done and with the team present it was
not inappropriate behavior on Schmidt's part. Doesn't believe his
rank played into the incident and it was a form of comradery."
The Bionic Sit-up was teamed by members while attending the
Orange County Sheriff's Office Swat School. He and Captain
Schmidt attended Swat Graduation and observed the Bionic Sit-up
being done by the instructor and class member .
9. Trooper Jeffrey A. Wright
3775 W. King St.
Work #407 -690-391 0
Can testify, as to being the person who performed the Bionic Sit-up.
Was not handcuffed or placed on his knees. While doing sit-up
observed Captain Schmidt standing over him and then wal king away
and pulling up shorts. Observed one cheek of Captain Schmidt's
buttocks. Face did not make contact with Captain Schmidt's
buttocks. Did not observe Captain Schmidt's genitalia.
Wright was not offended by Captain Schmidt's actions. Doesn't
know of anyone on the TRT that was offended. Did not write the
complaint letter .
Case #: D-99-0055-D
3

SUBJECT:
TO:
Misconduct Captain Joseph Schmidt
Files
PREDICATION: It is alleged that during a Tactical Response Team (TRT) Training
Session, that Captain Joseph Schmidt lowered his trousers and
acted in an improper manner.
SUMMARY: On Friday, May 1, 1998 the Troop D TRT Training was held at the
Old Naval Training Annex, located on Daetwyler Road, in Orange
County Florida. The training commenced at approximately 3:00p.m. and was led by
the TRT Commander, Captain Joseph Schmidt.
The following members attended the training.
1. Captain Joseph R. Schmidt
2. Lieutenant Thomas P. O'Neill
3. Lieutenant Anthony F. DiPace
4. Corporal Dwight K. Wiles
6. Trooper Mark A Clark
8. Trooper Jeffrey A. Wright
9. Trooper Michael L. Jones
10. Trooper Timothy A Wood
The training area was in an open area with occasional vehicles and
bicycles traveling by. No vehicles or bicycles were observed going by during the Bionic
Sit-up. The vehicles and bicycles were observed approximately one (1) hour later
during the building searches, which was at a different location.
Trooper Cleveland Johnson observed vehicles and bicycles drive
by the vicinity of the training area.
Trooper Dennis Warren observed vehicles and may have seen
bicycles drive by the vicinity of the training area.
Trooper Mark Clark observed vehicles drive by the vicinity of the
training area.
By: Captain Arthur J. Lane rJE!.- Case #: D-99-0055-D
This Document is confidenlilll. and is the property of the F1IP. Its contents tue not to be divtributed ouJsitk your agency.
HSMV 61063 (REV. 12/93)

During the training session the talk of a Bionic Sit-up was brought
up. Members were told that a Bionic Sit-up was almost, if not impossible to do. The
Bionic Sit-up consisted of a member lying on the ground in a sit-up position,
blindfolded with another member applying pressure to the person' s forehead with their
finger. The member was not told that the person applying pressure to the forehead
would let go as the member struggled to do the sit-up. This would cause the member to
spring up and forward, striking the person standing over him.
Trooper Jeffrey Wright agreed to do the sit-up. Trooper Wright's
eyes were covered with a towel and Lieutenant Anthony DiPace held his finger to
Wright's forehead. Captain Schmidt stood over Trooper Wright facing away from
Wright's face, bending his knees and lowering his shorts, exposing his buttocks and
genitalia.
Trooper Wright began to do the sit-up and Lieutenant DiPace
removed his finger. Trooper Wright's face came extremely close to Captain Schmidt' s
exposed buttocks. It can not be proven with certainty that Trooper Wright's face
touched Captain Schmidt's buttocks. Trooper Wright stated that his face never touched
Captain Schmidt.
Captain Schmidt stated in his interview that Wright' s face never
touched him during the sit-up attempt.
The complaint letter alleges that, "One officer was handcuffed
and down on his knees when the Commander walked up to him and pulled down
his pants exposing his genitalia in the face of the officer. These two allegations
were found to be "Unfounded."
Trooper Michael Jones and Trooper Cleveland Johnson observed
Captain Schmidt' s buttocks and genitalia. Trooper Jones was offended and felt that
Captain Schmidt' s actions were inappropriate for a Captain and that he went a little too
far.
Trooper Johnson felt that Captain Schmidt's actions were
inappropriate because of the training being held in an open area and anyone with a
family could have driven by at the time of the sit-up.
Lieutenant Thomas O'Neill felt that Captain Schmidt's actions were
improper due to Schmidt being a Captain.
Captain Schmidt did not intend to expose his genitalia during the
Bionic Sit-up. The prank called for Schmidt to only expose his buttocks as Wright was
doing the sit-up and then normally someone would take a picture. The exposure of his
genitalia was an inadvertent act.
Case #: D-99-0055-D
2
7

CLASSIFICATION: Captain Joseph R. Schmidt Sustained
STATUS: Case closed .
3
8
Case #: D-99-0055-D

INVESTIGATIVE FINDINGS AND CONCLUSIONS
On Friday, May 1, 1998 the Troop D TRT Trai ning was held at the
Old Naval Training Annex, located on Daetwyler Drive, in Orange County Florida. The
training commenced at approximately 3:00p.m. and was led by the TRT Commander,
Captain Joseph Schmidt.
The following members attended the traini ng.
1 . Captain Joseph R. Schmidt
2. Lieutenant Thomas P. O'Neill
3. Lieutenant Anthony F. DiPace
4. Corporal Dwight K Wiles
6. Trooper Mark A Clark
8. Trooper Jeffrey A Wright
9. Trooper Michael L. Jones
10. Trooper Timothy A Wood
The training area was in an open area with occasional vehicles and
bicycles traveling by. No vehicles or bicycles were observed going by during the Bionic
Sit-up. The vehicles and bicycles were observed approximately one (1) hour later
during the building searches, which was at a different location.
Trooper Cleveland Johnson observed vehicles and bicycles drive
by the vicinity of the training area.
Trooper Dennis Warren observed vehicles and may have seen
bicycl es drive by the vicinity of the training area.
Trooper Mark Clark observed vehicles drive by the vicinity of the
training area.
During the training session the talk of a Bionic Sit-up was brought
up. Members were told that a Bionic Sit-up was almost, if not impossible to do. The
Bionic Sit-up consisted of a member lying on the ground in a sit-up position,
blindfolded with another member applying pressure to the person' s forehead with thei r
finger. The member was not told that the person applying pressure to the forehead
would let go as the member struggled to do the sit-up. This would cause the member to
spri ng up and forward, striking the person stanaing over him.
Trooper Jeffrey Wright agreed to do the sit-up. Trooper Wright's
eyes were covered with a towel and Lieutenant Anthony DiPace held his finger to
Wright's forehead. Captain Schmidt stood over Trooper Wright facing away from
Case #: D-99-0055-D
4

Wright's face, bending his knees and lowering his shorts, exposing his buttocks and
genitalia.
Trooper Wright began to do the sit-up and Lieutenant DiPace
removed his finger. Trooper Wright's face came extremely close to Captain Schmidt' s
exposed buttocks. It can not be proven with certainty that Trooper Wright's face
touched Captain Schmidt's buttocks. Trooper Wright stated that his face never touched
Captain Schmidt.
Captain Schmidt stated in his interview that Wright's face never
touched him during the sit-up attempt.
The complaint letter alleges that, "One officer was handcuffed
and down on his knees when the Commander walked up to him and pulled down
his pants exposing his genitalia in the face of the officer. These two allegations
were found to be "Unfounded."
Trooper Michael Jones and Trooper Cleveland Johnson observed
Captain Schmidt's buttocks and genitalia. Trooper Jones was offended and felt that
Captain Schmidt's actions were inappropriate for a Captain and that he went a little too
far.
Trooper Johnson felt that Captain Schmidt' s actions were
inappropriate because of the training being held in an open area and anyone with a
family could have driven by at the time of the sit-up.
Lieutenant Thomas O' Neill felt that Captain Schmidt's actions were
improper due to Schmidt being a Captain.
Captain Schmidt did not intend to expose his genitalia during the
Bionic Sit-up. The prank called for Schmidt to only expose his buttocks as Wright was
doing the sit-up and then normally someone would take a picture. The exposure of his
genitalia was an inadvertent act.
The facts of this case indicate the following violations of the Florida
Highway Patrol Policy Manual :
Chapter 3.03.06 A6 Code of Conduct: Regulations
Chapter 3.03.06 A12 Code of Conduct: Regulations
The facts of this case indicate the following disciplinary offenses of
the Florida Administrative Code:
Horseplay, FAC
Violation of Statutory Authority, Rules, Regulations or Policies, FAC
5
;o
Case #: D-99-0055-D

INVESTIGATIVE DETAILS
On Wednesday, February 10, 1999, Chief John T. Czernis
assigned me this investigation. It is alleged that during a TRT Training Session, that
Captain Joseph Schmidt had a member (TRT) blindfolded and lying on the ground. The
member was asked to do sit-ups while blindfolded and someone holding him down.
Captain Schmidt allegedly lowered his trousers and stood over the member. When the
member was released and he did the sit-up his face went into Captain Schmidt's crotch.
On Thursday, February 11 , 1999 I met with Trooper Jeff Wright,
who is a TRT member. I explained my investigation to Trooper Wright and he told me
that he was the trooper that was blindfolded with a towel prior to doing a sit-up.
Trooper Wright stated that in June or July 1998 the TRT trained at
the NTC - McCoy Annex. Wright believed they did building searches and physical
assessments .
Trooper Wright stated that while at the training session a couple of
troopers asked him if he could do a "Bionic Sit-up!' This type of sit-up consists of your
eyes being covered and a finger being pressed against your forehead. Wright told the
troopers that he believed he could do a "Bionic Sit-up."
Trooper Wright stated that he laid on the ground and a towel was
placed over his eyes. Someone then placed his finger on his forehead and applied
pressure. Wright stated that he was able to do the sit-up and when he removed the
towel from his face, he observed Captain Schmidt walking away from his location and
pulling his trousers up. Other members told Wright that Schmidt had lowered his
trousers with his buttocks facing Wright, when Wright did his sit-up.
Trooper Wright stated that he observed Captain Schmidt's
buttocks, and was not offended by Schmidt's actions.
Trooper Wright stated that several TRT members have attended
the Orange County SWAT School and believes this is where the "Bionic Sit-up," was
first observed. The Sheriff Office Commander (SWA TI) allegedly demonstrated the sit-
up, on or before graduation day.
I obtained the Troop D Tactical Response Team Training Reports
for 1998 (except January). The May 1998 report shows the training location as Orange
County, with the training consisting of Building Searches and the Cooper Physical
Assessment. This is the type training that Trooper Wright remembers, when the sit-up
incident occurred. The following members attended the training.
Case#: D-99-0055-D
6

1.
2.
3.
4.
5.
6.
7.
8.
9.
Lieutenant Thomas P. O'Neill
Lieutenant Anthony F. DiPace
Corporal Dwight K. Wiles
Trooper Cleveland L. Johnson
Trooper Mark A. Clark
Trooper Dennis P. Warren
Trooper Jeffrey A. Wright
Trooper Michael L. Jones
10. Trooper Timothy A. Wood
On Friday, February 12, 1999 I received the letter that was sent to Colonel
Hall, reference the complaint against Captain Joseph Schmidt. The writer of the letter
states the following:
Became aware of incident from one of her children, who had contact
with other children who were talking about their parents. '
Heard that Commander Joe Schmidt was on a training exercise with
the SWAT team. Schmidt had one officer handcuffed, blindfolded, and
down on his knees when the Commander walked up to the officer and
pulled down his pants, exposing his genitalia in the face of the officer.
Does not believe that this type of activity should occur, in particular
someone in management.
Do we need this type of person working for the State of Florida?
Having our children talk about this type of activity is ludicrous and will
not be tolerated.
"I try to teach my children morals and respect, but this type of incident
cannot and should not happen."
7
;z
Case#: D-99-0055-D

"Does the Florida Highway Patrol have a sexual discrimination policy?
Maybe you should review it."
The writer closes the complaint with,
"Sincerely, .... .......... ... Concerned Citizen, with no signature."
On Thursday, February 18, 1999 I obtained a taped sworn
statement from Trooper Michael L. Jones. Trooper Jones stated the following:
The training session in May 1998 was at the McCoy Annex. The
training consisted of building searches and physical assessment.
The training was held in an area where the public could not observe.
Jones is not sure who brought up the idea for someone to do a Bionic
Sit-up, but believes it may have been Captain Schmidt.
Jones did not know what a Bionic Sit-up was until the May 1998
training session .
Jones stated that Trooper Jeff Wright was the person selected to do
the Bionic Sit-up. Wright was placed on the ground in a sit-up
position with his knees up.
Either a towel blindfolded Wright's eyes or someone had their hands
covering his eyes.
Trooper Wright was not placed on his knees.
After Trooper Wright was on the ground someone placed the tip of his
fingers on his forehead and Wright had to overcome the resistance to
do the sit-up.
Jones does not remember who placed their fingers on Wright's
forehead.
Jones stated that after Wright was blindfolded, Captain Schmidt stood
over Wright and pulled his shorts and underwear down. Captain
Schmidt bent forward and had Wright completed the sit-up his face
would have gone into Captain Schmidt's exposed buttocks. Jones
stated that Schmidt's genitalia were exposed .
Jones does not know if Wright' s face came up and struck Schmidt in
the buttocks.
Case#: D-99-0055-D
8
!3

Jones believes that Wright observed Captain Schmidt with his shorts
down after doing the sit-up.
Trooper Jones stated that he was offended by Captain Schmidt's
actions. Schmidt displayed inappropriate behavior for a Captain and
went a little too far.
Jones stated that he was not offended to the point of being upset. Had
he been the recipient of the Bionic Sit-up, he would have been
offended.
Jones doesn't know if Wright was offended or anyone else at the
training session.
Jones stated that he does not know who wrote the letter.
Jones attended Orange County Swat Training and did not see or hear
of the Bionic Sit-up. (See Exhibit)
On Friday, February 19, 1999, I obtained taped sworn statements
from Lieutenant Patrick O'Neill, Trooper Cleveland Johnson, T r o o p e ~ Timothy Wood
and Corporal Dwight Wiles.
At 10:24 a.m. I obtained a taped sworn statement from Lieutenant
Patrick O'Neill . Lieutenant O'Neill stated the following:
TRT trained on May 1, 1998 at the McCoy Annex.
Trooper Jeff Wright did the Bionic Sit-up.
Trooper Wright was lying on the ground in a sit-up position. His eyes
were covered with what could have been a towel.
Lt. O'Neill does not remember who had their finger on Wright' s
forehead.
Captain Schmidt stood over Trooper Wright while he was on the
ground. Captain Schmidt lowered his shorts and underwear.
Captain Schmidt bent over and he could see his buttocks. O'Neil did
not observe Captain Schmidt' s genitalia .
Case #: D-99-0055-D
9
/ ~

Trooper Wright sat up very quickly and came very close to Captain
Schmidt' s buttocks. O' Neill does not know if Wright made contact with
Captain Schmidt' s buttocks.
Trooper Wright was not handcuffed.
Captain Schmidt did not walk up to Trooper Wright and expose his
genitalia in his face.
O' Neill did not talk to Trooper Wright to see if he was offended.
Lt. O'Neill stated that he probably would have been offended had he
been the one doing the sit-up.
Lt. O'Neill believes Captain Schmidt' s actions were improper, due to
him being a Captain.
O'Neill does not know who typed the letter.
At 11 :05 a.m. I obtained a taped sworn statement from Trooper
Cleveland Johnson. Trooper Johnson stated the following:
Trooper Johnson stated that Trooper Jeff Wright was selected to do
the Bionic Sit-up.
Trooper Wright was lying on the ground in a sit-up position and a
folded white towel was placed over his eyes.
Observed Lieutenant Anthony DiPace holding his finger on Trooper
Wright's forehead.
Captain Schmidt stood over Trooper Wright and Schmidt lowered his
shorts and underwear. Captain Schmidt had his knees bent and was
facing away from Trooper Wright.
Trooper Johnson observed Captain Schmidt's buttocks and genitalia.
Trooper Johnson stated that Trooper Wright did the sit-up and his face
touched Captain Schmidt's buttocks.
Doesn't believe Trooper Wright was offended .
Case #: D-99-0055-D
10
If

Had he been the one doing the sit-up he would have been offended.
He probably would have done something to Captain Schmidt that he
would have regretted
Trooper Johnson observed vehicles and bicycle traffic driving by the
area, where they were training. Johnson did not see any traffic or
civilians around when the Bionic Sit-up was done.
Captain Schmidt did not walk up to Trooper Wright and expose his
genitalia in his face.
Captain Schmidfs behavior was not appropriate because of training in
an open area; roads within 25 feet, anyone at anytime with a family
could have driven by.
Johnson stated that he was quite embarrassed over the incident.
At 12:22 p.m. I obtained a taped sworn statement from Trooper
Timothy Wood. Trooper Wood stated the following:
Trooper Jeff Wright did the Bionic Sit-up.
Trooper Wright was on the ground in a sit-up position and a towel or
rag was placed over his eyes.
Doesn't recall who placed their finger on Wright' s forehead.
Captain Schmidt stood over Trooper Wright and lowered his shorts and
underwear.
Trooper Wood observed Captain Schmidt's buttocks but did not see
his genitalia.
Captain Schmidt leaned forward and Trooper Wright did the sit-up.
Trooper Wright came close to Captain Schmidt's buttocks but is not
sure if they touched, "possibly they did."
Trooper Wood did not see any actions by Trooper Wright to indicate
that he was offended .
Wood was not offended.
Case #: D-99-0055-D
11
/b

Had he been in Wright's place, Wood stated that he would not have
been offended.
Trooper Wright was not placed on his knees in front of Captain
Schmidt's genitalia.
Wood does not know who typed the letter.
At 12:58 p.m. I obtained a taped sworn statement from Corporal
Dwight Wiles. Trooper Wiles stated the following:
Trooper Wiles stated that he was late for TRT Training due to court in
Volusia County.
Trooper Wiles stated that the Bionic Sit-up was done prior to his
arrival .
Heard at a later date that Trooper Wright did the Bionic Sit-up .
Heard rumor from Trooper Dennis Warren that Captain Schmidt's wife
may have written the letter.
On Monday, February 22, 1999 I obtained a taped sworn statement
from Trooper Dennis Warren. Trooper Warren stated the following:
Trooper Jeff Wright volunteered to do the Bionic Sit-up.
Trooper Wright was placed in a sit-up position and a towel was placed
over his eyes.
Lieutenant DiPace held his finger on Wright's forehead.
underwear. Captain Schmidt faced away from Trooper Wright and
bent his knees.
Observed Captain Schmidt's buttocks but did not observe his genitalia.
Captain Schmidt's shorts were down far enough to observe his
genitalia if standing in the right location .
Doesn't know if Wright made contact with Captain Schmidt's buttocks
but he came extremely close.
Case#: D-99-0055-D
12
17

Trooper Wright's towel fell off when he did the sit-up.
Trooper Wright did not appear to be offended.
Trooper Warren stated that he was not offended.
Trooper Warren stated that he would have been embarrassed but not
offended had he done the sit-up.
At a later time Trooper Cleveland Johnson told him that he was
offended and that he didn't think a supervisor should act this way.
Trooper Wright was not on his knees in front of Captain Schmidt' s
genitalia.
Observed traffic and may have seen bicycles in the area. The public
possibly could have observed the incident but didn' t see any civilians
at the time of the sit-up.
The sit-up was done as a joke.
Trooper Warren stated that Captain Schmidt's ex-wife may be bitter
but has no facts to prove that she typed the complaint letter.
On Tuesday, February 23, 1999 I obtained a taped sworn
statement from Lieutenant Anthony DiPace. Lieutenant DiPace stated the following:
Trooper Wright volunteered to do the Bionic Sit-up.
Trooper Wright was on the ground in a sit-up position and he placed
his finger on Wright's forehead.
A rag was placed over Trooper Wright's eyes. The rag came down
when Wright sat up.
underwear. Captain Schmidt faced away from Wright with his knees
being slightly bent. "Captain Schmidt was the Butt man."
Lieutenant DiPace observed Captain Schmidt's buttock but did not
observe his genitalia.
13
/tf
Case #: D-99-0055-D

, '
Does not recall any contact being made when Wright did the sit-up.
Wright did not appear to be offended.
No one at the training session appeared to be offended.
Lieutenant DiPace stated that he was not offended.
Would not have been offended had he been the one doing the sit-up.
Doesn't know who brought up the idea of doing the sit-up and believes
it just evolved during the physical exercises.
Never observed vehicles or bicycles go by the training site.
uln context as to how it was done and with the team present it was not
inappropriate behavior on Schmidt's part."
"Doesn't believe his rank played into the incident and it was a form of
comradery."
Heard a rumor that Trooper Tom Callin stated that Captain Steve
Williams was upset about the incident and was going to lodge a
complaint.
Lieutenant DiPace stated that Troopers Fast, Jung and Barros
attended the Orange County Swat Training and this is where everyone
learned about the Bionic Sit-up.
Lieutenant DiPace stated that he and Captain Schmidt attended the
Swat Graduation. At this graduation a member did a Bionic Sit-up.
On Wednesday, February 24, 1999 I obtained taped sworn
statements from Trooper Thomas Callin and Captain Steve Williams.
At 8:20a.m. I obtained a taped statement from Trooper Cal li n.
Trooper Callin stated the following:
Trooper Call in believes that he heard of Trooper Wright doing the
Bionic Sit-up from Captain Steve Williams.
Case #: D-99-0055-D

Heard they blindfolded Trooper Wright and Captain Schmidt lowered
his pants while standing over Trooper Wright.
Denies telling anyone that he was going to write a complaint letter
against Captain Schmidt, reference the Bionic Sit-up.
Captain Williams never told him that he was going to write a complaint
letter against Captain Schmidt.
Callin denies writing the letter.
Believes that Captain Schmidt doesn't like him because of a grievance
that he wrote.
No reason to be vindictive against Captain Schmidt.
Callin stated that had he wrote the letter he would have signed his
name.
At 11 : 12 a.m. I obtained a taped sworn statement from Captain
Williams. Captain Williams stated the following:
Captain Williams stated that Captain Schmidt came into his office and
was upset. Schmidt told Williams that he had heard a rumor that he
had generated a letter to GHQ, reference the Bionic Sit-up. Williams
stated that he looked at Schmidt and said, " OK, what's a Bionic Sit-
up."
Schmidt asked Williams, "Do you have a problem with me."
Denies telling anyone that he was going to write a complaint letter.
Captain Williams stated that Trooper Call in told Trooper Wright that
Williams was upset and was going to write a complaint letter.
Trooper Wright gave Captain Williams the cold shoulder, which he
believed was caused by Trooper Callin's statement to Wright.
Captain Schmidt told him that he believes that Trooper Callin wrote the
complaint letter.
Captain Williams denies writing the complaint letter. Williams stated
that he would have signed the letter had he written it.
15
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Case #: D-99:..0055-D

On Thursday, February 25, 1999 I obtained a taped sworn
statement from Trooper Mark Clark. Trooper Clark stated the following:
Trooper Jeff Wright volunteered to do the Bionic Sit-up.
Wright was led to believe that it was impossible to do the sit-up if your
eyes are covered and someone is applying pressure on your forehead.
Believes a towel was placed over Wright's eyes.
Doesn' t recall who held their finger on Wright's forehead.
Captain Schmidt stood over Trooper Wright, facing away and lowering
his shorts and underwear. Schmidt bent his knees and leaned
forward.
Clark observed Captain Schmidt's buttocks, but did not see his
genitalia.
Wright did the sit-up and came close to Captain Schmidt's buttocks.
Doesn't know if Wright made contact with buttocks.
Wright could have touched Captain Schmidt's buttocks without him
knowing.
Did observe traffic going by during the training session. Did not see
any traffic during the sit-up.
Clark stated that Wright was not offended.
Clark stated that he was not offended.
No one ever told him that they were offended.
Captain Williams and Trooper Call in never told him that they were
going to write a complaint letter.
Denies writing letter and does not know who wrote the letter.
Trooper Wright was not handcuffed .
Trooper Wright was not placed on his knees and Captain Schmidt did
not place his genitalia in Wright's face.
16
c)f
Case #: D-99-0055-D

On Friday, February 26, 1999 I obtained a taped sworn statement
from Trooper Jeffrey Wright. Trooper Wright stated the following:
During the TRT Training on May 1, 1998 he was chosen to do a
Bionic Sit-up.
Wright was told that if a rag were placed over his eyes it would be
impossible for him to do a sit-up with light pressure on his forehead.
Wright was lying on the ground in a sit-up position and a small towel
was placed over his eyes. Not sure who placed their finger on his
forehead due to towel being over eyes.
Captain Schmidt stood over him and lowered his shorts and
underwear. Wright did the sit-up and then observed Schmidt walking
away and pulling up his shorts.
Wright states that his face did not touch Captain Schmidt's buttocks .
Observed Captain Schmidt's buttocks and did not observe his
genitalia.
Wright was not offended and doesn't believe anyone was offended by
Captain Schmidt' s actions.
Wright was not handcuffed.
Wright was not placed on his knees.
Denies writing complaint letter.
Heard approximately 5 days after sit-up, from Trooper Callin, that
Captain Williams was going to write complaint letter. Brought rumor to
Captain Schmidt's attention.
On Friday, March 26, 1999 I submitted this case to the State
Attorney for their review and possible charges.
On Thursday, April 22, 1999 I received a call from Les Hess, State
Attorney' s Office, telling me that their office was not going to file charges against
Captain Schmidt.
17
~ z _
Case#: D-99-0055-D

On Friday, March 23, 1999, I gave Major Rick Gregory the
Employee Interview Notification Letter, for him to deliver to Captain Schmidt. I set
Captain Schmidt's interview for Wednesday, May 5, 1999 at 10:00 a.m., at the Orlando
FHP Station.
On Wednesday, May 5, 1999, I obtained a taped sworn statement
from Captain Schmidt. The following is a summary of Captain Schmidt' s statement.
Captain Schmidt is the Tactical Response Team (TRT)
Commander for Troop D. He has been the Commander for
approximately three (3) years.
Captain Schmidt held a TRT Training Session on Friday, May 1,
1998, at the Old Naval Training Annex. The training started at
3:00p.m. and ended at approximately 9:00p.m.
The training consisted of physical training and building
searches. Shorts are worn for the physical training and the
Class C fatigues are worn for building searches .
After the physical training, the TRT Team went on a work break
and this is when Trooper Jeff Wright did the Bionic Sit-up.
Captain Schmidt doesn't recall who or how the Bionic Sit-up
was brought up during the training.
Captain Schmidt stated that Trooper Wright volunteered to do
the sit-up.
Captain Schmidt stated that Trooper Wright got into the sit-up
position and a towel was placed over his eyes. Schmidt doesn't
recall who held their finger on Wright's forehead, but stated it
could have been Lieutenant DiPace.
Captain Schmidt stood over Trooper Wright, after his eyes were
covered, and faced away from Trooper Wright. When someone
yelled go, Captain Schmidt lowered his shorts to expose his
buttocks.
Captain Schmidt was wearing shorts with a liner and no
underwear.
Captain Schmidt stated that Trooper Wright did not make
contact with his buttocks.
Case#: D-99-0055-D
18
2/J

Captain Schmidt stated that if he exposed his genitalia when he
lowered his shorts "it was inadvertent and that was not part of
the prank."
No member of the TRT told him that they were offended by his
actions.
Schmidt did not have Trooper Wright get on his knees and then
walk up to Wright, lower his shorts and expose his genitalia in
Wrighfs face.
Never saw vehicles, bicycles or civilians during the Bionic Sit-
up. Approximately one (1) hour later while doing the building
searches he observed bicycles in the area.
Schmidt stated that the purpose of a Bionic Sit-up, "Wasn' t
meant to be offensive or humiliating, just a casual prank, a joke .
A Bionic Sit-up is a prank you play on someone that you told
cannot do a sit-up. "Actual prank is that someone takes a
picture of the person when they sit-up."
Learned Bionic Sit-up while attending an Orange County
Sheriff's Department (OCSO) Swat Graduation. Three (3)
Troopers attended the Swat Training and were graduating.
Does not know who typed complaint letter.
In response to an inappropriate behavior question I asked,
Captain Schmidt stated that, "In context that it was done in and
triviality of the whole incident, I don't think it had any kind of
significant effect one way or another."
Captain Schmidt stated that the efficiency of the TRT has not
diminished over this incident. No member has resigned from
the team .
Case #: D-99-0055-D
19
~

Florida Highway Patrol Captain Joseph R. Schmidt Bionic Sit Up Investigation

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Florida Highway Patrol Captain Joseph R. Schmidt Bionic Sit Up Investigation

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4lt February 8, 1999

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