HAAB Backup 08/23/2001
Hispanic Affairs
Advisory Board
Backup
Documents
August 23,2001
NOTICE OF MEETING & AGENDA
COLLIER COUNTY HISPANIC AFFAIRS AQVISORY BOARD
THURSDAY, AUGUST 23, 2001
7:00 P.M.
County Commission Meeting Room
Turner Building (Building F), Third Floor
Collier County Government Center, Naples, Florida
***** * **** * * * ***** **** * ** * * * * ** * * ** ** * * * * * ** *******
NOTICES
** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman.
Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities
(including, but not limited to, addressing the Board of County Commissioners) before the Board of County
Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records
Department.
*** ** ***** *********** * *** * * * * ** ** * *** * * * * * * **** ****
AGENDA
1. 7:00 P.M: Meeting called to order and detennination of quorum.
II. Approval of minutes of the July 26,2001 meeting.
III. Detennination of excusal of absences from the July meeting.
IV. Determination of excusal of absences from previous meetings.
V. Meet applicants and make recommendations for appointment/reappointment.
VI. Discussions:
A. Discussion regarding the Board of County Commissioners approval of the
establishment of a Human Rights Commission.
VII. Old Business:
Follow up on the Immokalee Farm workers issues.
VIII. New Business
Report from Victor Valdes (Editor, Las Naciones News), organizer and sponsor
of 2001 Las Naciones Community Forum regarding civil rights.
IX. Public Comments. **
X Meeting adjourns.
~-~.- -'---_._--,~.._._~_...'-,~._,"--;,._-'.-., .".,.~~..~.'.~~-" -,
08/22/01 WED 13:27 FAX 941 657 5125 IMM.ADM.CCPR 1aI001
--
Collier County Parks & Recreation
I......okalee Sports Complex
Ray Perez 505 Escambia Street Mary Keidel
CommWlity Center Supervisor Immokalee, Florida 34142 Park Program Supervisor
Phone: 941-657 - 1951
Fax: 941 - 657 - 3399
TO: fl..tL<j. Cory FROM: DATE:
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NOTICE OF MEETING & AGENDA
COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD
THURSDA Y, AUGUST 23, 2001
7:00 P.M.
County Commission Meeting Room
Turner Building (Building F), Third Floor
Collier County Government Center, Naples, Florida
** * * * * * * * * * * ** *** * * * * ** * * * * * *** * * * ***** * * * * * * **** * *
NOTICES
** Public comments will be limited to 5 minutes unless permission for additional time is granted by the Chairman.
Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities
(including, but not limited to, addressing the Board of County Commissioners) before the Board of County
Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records
Department.
* ** * * * * * * * * * * * * *** * * * * * * * * * * * * ** * * * * * * * * *** * * * * * ***
AGENDA
I. 7:00 P.M: Meeting called to order and determination of quorum.
II. Approval of minutes of the July 26, 2001 meeting.
III. Determination of excusal of absences from the July meeting.
IV. Determination of excusal of absences from previous meetings.
V. Meet applicants and make recommendations for appointment/reappointment.
VI. Discussions:
A. Discussion regarding the Board of County Commissioners approval of the
establishment of a Human Rights Commission.
VII. Old Business:
Follow up on the Immokalee Farm workers issues.
VIII. New Business
Report from Victor Valdes (Editor, Las Naciones News), organizer and sponsor
of 2001 Las Naciones Community Forum regarding civil rights.
IX. Public Comments. **
X Meeting adjourns.
-~-------- -,_._,-,,-- -~~'-- .....-------.>,..,-...,..-.-. ~,-- ____.w...__~_._ ____._^~_
08/22/01 WED 13:27 FAX 941 657 5125 IMM. ADM. CCPR 1aI001
Collier County Parks '" Recreation
I......okalee Sports Complex
Ray Perez 505 Escambia Street Mary Keidel
Community Center Supervisor Immokalee, Florida 34142 Park Program Supervisor
Phone: 941-657 - 1951
Fax: 941 - 657 - 3399
TO: }<.a<-J C~ FROM: DATE:
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:Las :Naciones N ellS I CC'cQ)~)y
Victor .-\. V,ll(k~, Cllkf Fdiwr
""plcs. \\ednesda\. .\uguSl 22. 2001
Tom Ollif
Count~ "1anager - Chief E~ecuti\ c
~~~01 lamiami Trail East
"aplcs. Florida. ~..112
Iloll<lrablc [,11ll ()llif
fh the present I'm requesting to address the Board 11n it, ne~t meeting scheduled f0r gill /01.
I he suhjeets to he presented to the Board are lhe follt)\\ ing:
1) Folll)" up to rCl]uestcd Proclamation to be enacted b\ the Board recognizing Las
\:aci'1l1es \:l'''S' Communit\ Forum to bc hdd in the Cit\ of\:apks on .'\ugust 9 & 10.
200 I.
2) Rep"rl II) the [)oar,1:
a) What the Community Forum covered
b) What was accomplished
c) Who were the participants
dl What "as the Community Forum's resolution
el \\'hcrL' arc \\c going from here
.~ l /),:Ii\l'ry i,fthrL'l' clTtijic~lll':-; lIr ~prrl.'l.'i:ltion i:-;Slh..'d hy the La~ \'aciUI1L'" '\L'\\S'
2001 C,'mlllunit\ forUllllO:
~ j I C'ulli...'!' ('llunt\ f~l)<.In.l nl'('iHl11l1i,,~i()nl'rs
hi I Olll (1llitl. C,'unt~ \lanager - ('hier L~ecuti\e
c) Ramiro \1aiialich. Assistant Coltnt~ Attorne~
SincL'rel~. {ki
d(~{f)~rII~
Vielor .\. V~ildl'S
Chi,.:!' Ldililr & ( 1\ iI Ri~hh ,\l'I\\ :..t
P.O. Bo" 1050:;. \:apks, Fl. :;-1101- t().-lII-l17.5')98 V(lict: Ll"
('hi~jEditor(I.LasNaciones.,N~w""t:oW - LasNadon"'sN~\\s.t:om
-'-~"'_._'-------'--- " .-.. .-..----.'.-.------.-,., ..,.-- '''-..,.----.
1
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FT. MYERS DIVISION
CASE NO. 2:00-27-CR-FTM-29DNF
THE UNITED STATES OF AMERICA, ~ <::> I
.- -
<-
Plaintiff, Fort Mye-rs;~ F~rida "'T1
vs. Aori130,'2001W r
. <::>
10:30 a.m. jT1
JIM SANDERS, """ '0
Defendant.
,
I
----------------------------------------
----------------------------------------
i
TRANSCRIPT OF SENTENCING I
BEFORE THE HONORABLE JOHN E. STEELE, I
UNITED STATES DISTRICT JUDGE -
,~. -~ . '3 \ ~ L "
--~
~ _ ...4
APPEARANCES:
FOR THE GOVERNMENT: DOUGLAS MOLLOY, A.U.S.A.
YOLANDE VIACAVA, A.U.S.A.
U.S. CO'.lrthouse
2110 First Street
Fort Myers, Florida 33901
I
!
FOR THE DEFENDANT: MICHAEL HUSSEY, ESQ.
P. O. Scx 540
- Fort Myers, Florida 33902-0540
REPORTED BY: BREXDA hLEXfu~DER, RPR-CP
I Officia: Federal Court Reporter
,
U.S. Cc'..:.rthouse
2110 First Street #2-194
FT. Myer-s, FL 33901
( 941) 451-2033 I
THIS ~l.IJME CONTAINS PAGES I Ji c,t
I TO :z... FILED IN SEPARAlE
, ACCORDION FOLDER
\ J
-...- ---'-'---
~""-. < -"---_._-,..._._--_._.._~_._.- _"_.~____V""_
. i
,
,L ::'0
when you 1 ' ::he evidence, the discc"e::cy case,
::. ~OOr: ~., -
" the::ce 's r.ot a scintilla, as lawyers li ke to use- and courts
~ like to use, 0: evidence indicating this was a crime of
<; violence, or an act of violence. An act of violence, crime
-
5 of violence, I'm falling into the same mis-step I suggest
5 the Court do sometimes, Although a crime of violence by
7 your definition and your ruling in the companion case and
3 the law tends to support, that I believe. I don't find
- fault wl::h that ruling necessarily. Generically it's a
_ C crime of violence, but was there a threat of physical injury
-- or property destruction. And there is no threat of physical
.2 injury and there is no threat of property destruction in
.3 this case whatsoever.
<; The government might want to argument that it's
5 implicit. You have an officer, perhaps in uniform. You
- have an officer perhaps wearing a gun. Then you have to
7 look into the subjective minds of those that were gambling.
3 If the Court will recall during the plea colloquy the
" operative facts sporting the plea was supporting the plea I
was that Mr. Sanders took money from gambling tables. He
- did it under color of right. He was an in a small town.
- They knew him as an officer. He let the gambling operation
- go on. That's clearly acting under color of right. That's
not going in with a six-shooter saying I have a gun here.
3 That's saying I'm law enforcement. I have the power of the
-".~_.<~~~,._..~. . _....-_n_
_._--.'" ..."..'" .,.._~~.....~,..,._..""- ,
, ,
1 government beh::-:d me. That's the ~~plication here. !\ot an
I
2 offense of phys:c:al lnJury. Not some kind of property !
3 damage. Thel-ec' : - of it there.
.._ .L_
4 That's why when I say whe" you look to the
5 guidelines it clearly falls wlthin color of official right. i
I
6 Unfortunately, the Eleventh Circuit hasn't dealt with 'Chis
-
7 issue as clearly as we'd like nor, apparently, at least in
8 my search, has any other court directly dealt with this
9 which is often the case.
n If it were easy, Mr. Molloy and I would have
v
1 already agreed and we wouldn't be here making this argument.
2 But it's not. However, not to be deferred, we were able to
3 locate a case in Arkansas, Judge - - may I approach?
4 i THE COURT: Certainly.
5 MR. HUSSEY: Thank you.
6 Your Honor, I've just handed you a case, United
7 States v. Harmon, an Eighth Circui~ case decided in 1999. i
5 It's cited at 165 F.3d 1206.
9 THE COURT: Actually, yo',,; haven't handed me that.
0 You handed me a District Court case from Arkansas.
MR. HUSSEY: That's the predecessor, Judge. Let i
I
2 me get you the other one.
~ (Handed)
.; THE CO'JRT: 995 F. Supp.
5 MR. HUSSEY: That's the one I really want to
---_._" ' " ...... ,;' -',.'.' .
~._.___,__~__,_~,,"__O_"_"_
~O
1 TBE CJL~RT: Thank you r-1r. Sanders. Mr. Hussey?
2 '1R. HUSSEY: Thank you, your Honor. 11m s'.lre the I
r C~'_'cC ;-1 ~j. s ::-eviE:'.'!'2j --,- -- ~,.,-, ~-- by probation and has c:1dicated I
~ -' ~ ,,"J_ _ "-
','lhen 'IOU look a:- :.he part C offender
r 23 :T.ucn.
charactecistics and the economic situation of the family and I
~ 5
6 the comments that were made in our response, this has had a
7 pcofound ~mpact. I would ask the Court to consider waiving
.. 8 the f~ne G:1d givlng consideration to the economic impact on
I t:1e fam:!..ly, that it's not compelling. I would ask the Court
19
to conslder that.
..10
L l also would ask the Court to consider, not just
L
consider, but ~mpose a sentence at the low end of the
L ..
guidelines. Mr. Sanders has made some wrong choices. He's
t
honoring these, he's honoring them now. It would serve no
115
useful purpose to sentence him at the high end of the
guidelines. We think the penalty certainly at the low end
116
'17 'd l' fits the of::ense. And with the mitigating
t 0= tne gu:... e ~Des
c:.ycumstan::es, I \'Jould aSh the Court simply to impose the
,
.. '
19 18'..:er enQ.
'20
THE COURT: Thank you.
L
Mr. Molloy?
~22
t~R. rv.OLLOY: Your Honor, Mr. Sanders is incorrect
,
:23 v.';-.en '[';'2 says we have no compassion for his family. But the
j
'24 S;=....le:::-_:-;-,.:::::1t:. didn't do the crirr,inal acts that Mr. Sanders did,
I
:25 v.,- . sGnders did. He was a captain in the Sheriff's
" . .\. ....__~.. W\.~I.8'I':..nv,'~IN.,:~~~;'?!t:"";1:J,I~'l.r~,:,.",";:'-''',,'r'-.-'~'" " ,"~ . , . . . . ,". ' -. -.-,.--...-
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44
I
1 =:.:;.. ;::'3~-:'1.:-=:i.-~ and ',::::-:' l"'..~s =:::-j<o:<o:odant he slowly destroyed and
2 e~-odeQ :::h~ conr:de:-'.ce a:"d ral::h that people could have in a
" 2'~'.3.~ ~ ~-'0.~- ~'.. ~ to'..::c - ~~- -.' -- , ~-=~'ple that were supposed ~.:::
--- . -,~ -- ~
4 ]:,,-:::~ "',-: t. ~-:. '2:1', ' :-:e '..:as :.r. ,::na~-ge of that substation. In
5 I:nmokalee, gambl i:-::J, drug s , prostitution, flourished. What I
I
6 were the people of that community supposed to think when the
-
7 captain was taking money off the table?
8 I spoke this week about when you touch someone
9 r.,::JV'; 1 . . l' , -F example you're going to be
VQU ~2ver Know wnat .~lna oJ...
10 C~ ~O~ y~~lre 98~~9 to affect people's lives. I don't doubt
I
11 that he has effected the lives of his family favorably. But \
lives of that community, don't
12 t~e I think he can say that.
l
13 I believe :::hat t;,e defendant lS so far in denial that he
,
'14 canlt see that it's him, not the government, him that is
15 responsible for his actions. We didn't put him in a
16 situation where he had to make tough choices. He did. He
l 1
17 . .' t' law. He rose to one of the highest
'.':3.S swc~n ::0 up~~_a ne I
,
18 ra::-j:s In tne Co~~:::er Coun:::y Sheriff's Department and he
19 betrayed tnat trt:st.
20 THE COURT: Mr. Hussey or Mr. Sanders.
21 THE DErENDANT: Your Honor, may I?
22 THE COURT: You may.
23 THE D~?ENDANT: The government indicates that I
24 \\-::;'5 :.::e scle pe~son that pa~rolled the streets in Collier
25 COU:1::'Y and in Immokalee, Florida. I was one at the time of
I
I
1_ ---'-.-
,------._-, - .' " ,,' ".- ,
- -- ~_.,.
45
f::::b2.bly 2' def"Jt:y sr,er-iU" s and maybe a little less at the
~~gin~i~9. I certain:! Nas not the only one who had
'::--.::'.,'1",dge ::hat 9ambll:--.9 ',-Jas going 0:-1. And I certainly did
_ ~:::: ~Eef' c::her deput:ies from performing their duties because
5 I was not:hing bue a deputy.
6 As I graduated up through the ranks, I certainly
7 did not tell anyone not to go make any arrests, either, in
8 r",fer-ence::o garrbling. Mr. Molloy says that I am in denial.
9 ~ disagr-ee. I ::an only accept responsibility for the things
1.0 :::--.ac = :--"a';", dOEe, your- HoC'.or. I have been placed in a
11 position that I have had to look at and evaluate what is
12 best.
13 At th", beglnning of this whole session, the
14 government: offered me a deal with no jail time. I bargained
15 myself right into prison because I couldn't testify to
16 s::~e::hing ::hat was not th", tr-uth. Now, he's telling me that
__ _' "1' f 'h I
~, ~ ::::::-.':: ',';aC'x 1::0 ::aKe r-esponslDl lty or my actlons, t at I I
18 a~ l~ de~l~l. ='m st:andlng bEfore you taking responsibility
19 and ::aking some respcnsiblllty for something that I didn't
20 e':e:-1 have ~nything to do with. I'm doing so because of my
21 :3.;-;-~i::": ar.~ I need to move on '.,.,ri-ch my life.
22 ='m sure if Mr. Molloy would talk to some people
23 wl::hln ::hE com~u~lCY besides the people that were
24 l~::e::~lewej that: were convicced felonies that he would find
25 cu:: ::hac ~y reput:atio:-1 a:-1d there are people in the community
------ - --~. - .-.-.- -_.~--,.,-,-~.'-'
'._~,^'~'.~-' '~~"-'._'.'--"~"
46 I
~ c:. _:-. :~'.C :-:~.J... ,2 e ....~-- bel ~e'le I 0~ not guilty of those fact as
.... ,..-,~ I ni'.':e ....1-.::::.r- S'~l-:=;:"2~--:-- .
~ ~ . .~..-,-, '- ~~...... ~
30 gc,:-:,,:;l:. ~~g \vas a'" ~ssue when I came to work fo:::
- "
-l .....'.;:::. =~ll~e~ Co~~~y Sheri:f's office. It's an issue, I would
5 st.:.spect, right now. If anyone would come from the Collier
6 CouncY she~iff's Office substation in Immokalee, they would
7 p~ob3.81y tell that you gambling is still going on and I'm
8 n~- :.:1 cna.~ge or thac substation or any part of the county
9 a:-.:.y:nc:::-e.
10 :1r. Molloy alluded to that I had stopped people
11 f~om profiling gamblers. You~ Honor, the only thing that I
12 pUc a s<::op to vias the inte~diction that was questioned by
13 Jc:dge Brousseal.'. And I did so at the direction of the
14 Sheriff. Those are the parts of the responsibility that I
15 think Mr. 110110y lS saying I should be accountable for as
16 \':22.:::' .
17 - co.:--_ only t.a:~e ~espo~sibility for my actions,
-
- sol:;:;ly, MGl~oy sald, and touch. !
18 L..:::<_ - 3.5 rvl~. reached out I
!
19 - - ~each out and touch hlm that's my action and my
. - -
20 Y:::5;:cr.slbl~~ty . I "JOuld 1 ike for the Court to take that
21 . " . . e~ler~i::::-.:.=-:1g is not as you see it in
----'...' =cnSlJera~lon tna::
-
22 "~re and people placed in positions that have to make
23 C~-:::"SlO:;'S chat affect the~~ life will do many things. Bad
24 r:;;'..:..ys, good guys, bad guys, good guys, any way around.
25 "Jnfo~::una cely, I have been placed in a place that
~_... -.--.-
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53
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C "" ", - - c I CAT E
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.j - :;:::;,':"1 c'f =EA= THE FOR;:::;I1;;:; =.3 A CORRECT TRANSCRIPT FROM
-
5 THE ORIGINAL STENOGRAPHIC RECORD IN THE ABOVE-ENTITLED
6 W,TTER.
7
8 ~ ,/3010/
E::tENDA M. .L.LEXA.'JDER, RPR DATE ORIGINAL FILED
9 OcFICIAL COuRT REPORTER I
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