FOR THE PERSONAL ATTENTION OF GOVERNOR JEB BUSH

PRIVATE AND CONFIDENTIAL

 

Dear Governor Bush,

I am writing to request an explanation of your refusal to instigate a Federal Investigation into the circumstances surrounding the death of our Son, Kevin McGinley, and the actions of the Police Officers and Agencies involved in this investigation.

I feel that given our efforts over the past 10 months to ensure that you were fully aware of the disturbing facts regarding the Police handling of this investigation, we are entitled to a full and detailed response from you regarding the concerns and allegations we have presented to you.

We have provided you with substantial evidence which shows very clearly that their exists a high probability that our Son was murdered. More importantly, however, we have provided you with comprehensive and detailed information, which clearly demonstrates a refusal on the part of all agencies involved to investigate that evidence.

This refusal, by the Agencies concerned, represents an extreme violation of their moral and ethical responsibilities to the citizens of Florida and to us as victims of a homicide. It most certainly also represents a violation of our civil rights as victims of a death through homicide.

Furthermore, we have provided substantial evidence to indicate that the investigating officers from F.H.P. and F.D.L.E, knowingly submitted false and deliberately misleading police reports, withholding vital evidence which, if included, would have clearly exposed the erroneous conclusions of their report.

The actions of the investigating officers in this case have to be construed, at the very least, as extreme incompetence. The possibility certainly exists however, that their actions have far more sinister motivation and represent criminal wrongdoing. It is only through a comprehensive independent investigation that the truth can be established.

In spite of our extraordinary efforts to bring these facts to the attention of the various agencies, at the highest level, they have failed to respond. There has been a total refusal on the part of these agencies to make any attempt whatsoever, to answer any of the detailed and specific questions that we have raised with them concerning the handling of this case. They have chosen to ignore our complaints and have refused to implement any type of investigation into the serious and well-founded allegations against the actions of the investigating officers.

I simply cannot accept the blanket statement from yourself and these agencies that this has been a competent investigation. If this were the case, they would certainly be able to answer the questions we have put to them; also they would be able to explain the behaviour of the investigating officers. They cannot do so !

Anyone who has reviewed the evidence and the detailed reports we have submitted, cataloguing the failings and inadequacies of this investigation, cannot fail to be aware that something is seriously amiss with the response of the agencies concerned. You are as aware as anyone, Governor Bush, of this fact.

The refusal of these agencies to conduct an investigation into serious allegations concerning the behaviour of their officers, in this or any other case, is unacceptable in a civilized society. They are effectively putting themselves above the law and this cannot be tolerated.

I am quoting a passage from a letter by Theodore B. Olson, a former top official in the U.S. Department of Justice.

" The abuses traced to the Police Dept. are dreadful, inexcusable and plainly intolerable. The officers involved have caused irreparable injury, not just to the individuals damaged by their misconduct, but to the rule of law on which a civilized, orderly and successful society depends. Corruption in law enforcement corrodes the heart and soul of a community. But there are traditional and entirely adequate remedies for police corruption: swift and thorough removal and punishment of rotten police officers and those whose laziness or complicity allowed the abuses to occur and to flourish."

This letter was referring to the implementation of the Rico Act against the L.A. Police. If Florida's law enforcement agencies refuse to investigate complaints and allegations against their own officers, then this is equally applicable here. This is not a situation that a State Governor should be turning his back on, for if this is the case Governor Bush, perhaps I should be drawing your attention to the last sentence of that article.

I have appealed to you personally, for nearly a year, regarding the travesty of justice that my family and my Son have been subjected to. In all of this time you have never once responded personally to my appeals. I sincerely hope that this time you will choose to respond in person, and explain to us why you have chosen to reject our plea for justice in the matter of our Son's death.

Respectfully,

Hugh McGinley