Attention Colonel Charles C. Hall, Director of Florida Highway Patrol

PRIVATE AND CONFIDENTIAL March 22nd, 2000 

 

Dear Colonel Hall,

Thank you for your letter of February 16th 2000. Following your letter we were invited to meet with Chief Lee and Major Leggett on March 7th , we accepted this invitation in anticipation of having the concerns we had raised with you addressed. Regretfully the questions we had raised, concerning the manner in which this investigation has been handled, remain unanswered.

We have continually voiced concerns over the two years of this investigation regarding the manner in which Corporal Jetton has failed to follow the most fundamental, basic procedures of any investigation. His rushed conclusion that Kevin's death was nothing more than an accident, coupled with his continued refusal to recognize the suspicious circumstances, have caused tremendous damage to this investigation. These instances have been well documented and brought to the attention of your senior Officers as well as the Inspector General, John Davis.

We do not expect anyone at Florida Highway Patrol, or any other agency, to criticize Officer Jetton's actions publicly, or indeed to us as Parents. We do however expect our complaints to be acknowledged and investigated. We were frankly appalled at Major Leggett and Chief Lee's insistence on Corporal Jetton remaining the lead investigator in this case, also their failure to respond to our very valid concerns over his ability to handle an obviously complex investigation.

I do not think that anyone can be expected to accept that Kevin's death is being investigated with an open mind when the lead investigator has continually stated his conclusion that this was a traffic accident. Furthermore, by submitting a report to the State Attorney concluding that Kevin caused his own death, by deliberately stepping in front of an oncoming vehicle, he has flagrantly ignored overwhelming evidence which clearly proves this did not occur.

I presented Major Leggett and Chief Lee with a report that clearly indicates the strong possibility that Kevin's death occurred as the result of the criminal actions of those persons present. I am enclosing a copy of this report for your review, it indicates not only that a Prima Facie case exists that our Son was murdered, it also shows the lack of any evidence to substantiate the conclusions of Corporal Jetton's report. We requested that, in the light of your assurances that Kevin's death was being investigated with an open mind, the possibility of murder or manslaughter having not been ruled out, the matter of Corporal Jettons report be addressed. We reasonably asked that the report be amended to reflect your current position, also that all agencies be advised this was an ongoing criminal investigation, which has not excluded the possibility that Kevin died as a result of criminal actions against him.

We allowed Chief Lee and Major Leggett time to revue our request. On speaking to Major Leggett a week later I was informed that Florida Highway Patrol would not amend, update or take any actions to diminish the conclusions of Corporal Jetton's report, nor would they be notifying any other agencies that his conclusions no longer reflected F.H.P.'s current position. I inquired of Major Leggett why this was and he replied that, if he notified any other agencies that he was investigating suspicious circumstances, they might investigate those circumstances to the exclusion of all others. I cannot accept that as a justifiable reason for Florida Highway Patrol not acquainting other agencies that the known facts indicate the possibility that Kevin was murdered. Apparently it is all right for Corporal Jetton to issue these agencies a report concluding our Son caused his own death, a conclusion totally without foundation, but it is wrong to notify them that the evidence within the possession of F.H.P. indicates the possibility that our Son's death was caused by the criminal actions of others.

The fact is that the State attorney's Office has closed the files on this case based on the report concluding that there was no evidence to show this was anything other than a traffic accident. While I do not excuse them from failing to recognize that this was not an accurate portrayal of the facts, it is obvious that they would not have taken this action if they had been informed that Highway patrol had recognized, and were investigating, the possibility of criminal wrongdoing. The fact that all police evidence is now public record seriously jeopardizes any ongoing investigation of this case. This situation must be immediately addressed with a request from Highway Patrol for the State Attorney to re-open their case files to prevent evidence falling into the wrong hands.

This entire investigation, along with the involvement of other agencies, has obviously been severely compromised by the failure of the lead investigator to adequately pursue credible evidence of criminal actions. It has been further compromised by his submission of a report that fails to recognize these possibilities and expresses conclusions that have no factual foundation whatsoever.

I would request, Colonel Hall, that you address our specific concerns regarding Corporal Jetton's actions, as detailed in our correspondence to the Inspector General, dated January 30th 2000. A copy of this was enclosed with our letter to you dated February 4th 2000. I would further request that you respond to us with your opinion as to whether you feel Corporal Jetton acted within the training and procedural guidelines that Florida Highway Patrol requires when conducting a criminal investigation, also whether he has displayed a level of competence that you deem to be an acceptable standard for an investigating Officer of Florida Highway Patrol.

I feel that his continued involvement as the lead investigator, along with the refusal to rescind his conclusions, entitle us to receive a response to this request.

 

Sincerely,

 

 

 

 

 

Hugh McGinley