June 27, 2000

To James D. Sewell, Florida Dept. of Law Enforcement

Dear Sir,

I am extremely disturbed and surprised by your failure to respond to the specific concerns expressed to you in my correspondence of February 7th 2000.

It is the responsibility of your office to ensure that Agent Dey's investigation into the circumstances of our Son's death has been competently and properly conducted in an effort to uncover and document all available evidence. The efforts of Florida Highway Patrol and Agent Dey to portray our Son's death as a simple traffic accident, brought about by his own actions in stepping out into the highway in front of an approaching vehicle, are totally without foundation. There is no evidence that supports this scenario and overwhelming evidence to contradict it.

A simple review of Corporal Jetton's report, when compared with the established evidence, clearly shows that it is misleading, inaccurate and designed to obscure the factual evidence that clearly exposes his conclusions as being false. His failure to disclose this evidence in his report, or adequately pursue it, can only be viewed as being intentional. Serious questions exist over his motives in regard to his handling of this investigation. All of this should have been immediately apparent to Agent Dey and your Agency and should have been exposed and investigated. Instead your Agency has actively assisted F.H.P. in their efforts to obscure the truth surrounding our Son's death.

The questioning of eyewitnesses and possible suspects consistently fails to address the relevant issues and established facts. It is obviously important to establish from eyewitnesses the number of persons at the scene, their location, their descriptions and clothing, their actions and demeanor, the number and descriptions of vehicles and the location of the vehicles. Too often these questions are not asked and have still not been answered, too often Corporal Jetton is telling witnesses what they saw and offering leading explanations instead of asking for their accounts. Over a two-year period he cannot accidentally fail to ask these questions. He cannot accidentally fail to confront Lipp, Shoenig and Grubb with the evidence showing the time Kevin was in the highway, the people seen fighting in the middle of the highway or the inconsistencies in their statements.

How can he fail to mention in his report the series of 911 calls putting Kevin in the middle of the highway for 12 minutes, describing separate accounts of fighting in the middle of the highway? How can he ignore the fact that we have provided conclusive evidence showing that the 911 calls of 3-37 and 3-38 AM, putting Kevin down in the highway, were made several minutes before he was ever hit by the U.P.S. truck?

Corporal Jetton knew Michael Lipp told Linda and Tabitha Brown that Kevin was thrown into the highway into the oncoming traffic. Why then does Corp. Jetton fail to state that the deception in Lipp's first polygraph test was specifically in relation to Kevin being forced into the highway into oncoming traffic?

Having knowledge that Lipp was lying when he told Police that Kevin had not been forced into the highway, how could Corp. Jetton just dismiss the statements of Anthony Lloyd's roommates when they stated that Lloyd had confessed to murdering Kevin? Why, when he had transcribed all other witness statements, did he withhold the statements of these informants and not include them in his report?

Why would he dismiss independent eyewitnesses such as David Stone, based on the fact that their accounts did not match that of Michael Lipp, when he knew Lipp had lied when he stated Kevin was not forced into oncoming traffic?

Why, having recorded all Lipp's initial statements, would he decide to not record any further statements following Lipp's deception in the June 1998 polygraph about whether Kevin was forced into the traffic?

Why has a witness, Peter Carr, only been interviewed in March 2000, when he came forward at the scene on the day Kevin was killed? This witness confirmed David Stone's account of two females at the scene. He also stated that he saw Kevin all the way over at the concrete center barrier, fifty feet out in the highway. This again completely contradicts both Lipp and Corp. Jetton's account of Kevin stepping out from the shoulder in front of the oncoming vehicle. The time this witness passed by is confirmed as being after the last two 911 calls putting Kevin down in the highway, further substantiating that these calls were made before Kevin was struck, not after, as F.H.P. have claimed. His friend, Brian Bolduc, passed by moments later and witnessed Kevin's death. He puts the vehicle that swerved to miss Kevin as being in the middle or fast lane. The U.P.S driver also puts this vehicle in the middle lane, both state that they never saw this vehicle strike Kevin. Neither witness saw anyone standing in the highway as they approached; in fact the U.P.S. driver clearly states that Kevin was down in the middle of the highway, then attempting to get to his feet when he fell in front of his vehicle. This is not a description of someone being spun in front of him as Lipp, Shonig, Grubb and Corporal Jetton claim happened.

Why is Peter Carr's testimony not included in the Report? Why has no formal interview of Carr, Bolduc or the U.P.S. driver been conducted until two years after Kevin's death? Why does Corp. Jetton's report show a hit and run vehicle in the first lane of the highway when he knows this is false? Why does he show Kevin stepping out from the shoulder of the highway when he knows this is false? Why is his report contrived to give credibility to Michael Lipps account when he knows that Lipp has given a totally false account of events and deliberately lied, continually giving false evidence throughout this investigation.

All of this evidence was given to Corp. Jetton at the scene the night Kevin was killed and was therefore all available to Agent Dey during his investigation. He had ample opportunity to question eyewitnesses and to confront Lipp, Shoenig and Grubb.

We presented Agent Dey with all the facts related to this case and he chose to ignore them. You have chosen not to respond to our very specific complaints and concerns about Agent Dey's handling of this case. You have refused to investigate our complaints against F.H.P. We have expressed very real concerns that the actions of F.H.P. and Agent Dey in this investigation amount to a cover up of the murder of our Son. The actions of your Office, F.H.P., Tampa Police Dept., the State Attorney and the Inspector General, in refusing to address those concerns, have actively supported and encouraged this travesty of justice. Your Agency has been given every opportunity to put this matter right and we now hold you personally responsible for your continued failure to do so.




Hugh McGinley