WHY DO FLORIDA HIGHWAY PATROL, F.D.L.E., TAMPA POLICE AND THE HILLSBOROUGH STATE ATTORNEY ALL REFUSE TO ANSWER THESE QUESTIONS?
1. Tampa police were the first officers on the scene. They were aware that several 911 calls had been received, reporting fighting and putting Kevin out in the middle of the highway for twelve minutes, why did they not investigate this as a suspicious death? Why were detectives not summoned to the scene? Why did Tampa Police choose not to pursue this investigation? Why was the decision made to hand the case over to FHP?

2. Why did FHP's investigation report not mention this series of 911 calls? Having the knowledge that several persons had been seen fighting in the highway and that everyone had fled the scene, why did Corporal Jetton not investigate this as a suspicious death?

3. Trooper Glover, the accident investigator, submitted a detailed accident report showing the exact location that Kevin was killed. When Michael Lipp was returned to the scene and gave an account of Kevin being killed in a different location, an account clearly inconsistent with the physical evidence, why was he not questioned about these inconsistencies and treated as a possible suspect?

4. Why did Corporal Jetton's homicide investigation report include false diagrams and measurements, which made Michael Lipp's account appear consistent with the evidence of the scene, when in fact the evidence clearly proved Lipp's account to be false?

5. Why did Corporal Jetton submit a report knowing that the contents were completely inconsistent with both Trooper Glover's accident report and the evidence of the scene?

6. How could Corporal Jetton spend several hours at the scene, personally measuring, documenting and photographing the evidence of the scene, yet not be aware that his investigation report was a total misrepresentation of the true evidence?

7. Why did he show the point of impact with the tractor-trailer as being consistent with Lipp's account when the physical evidence would clearly have shown it to be where Trooper Glover's report showed it occurring?

8. Why does his report show snaking skid marks of a purported hit and run vehicle at the location he claims Kevin was struck, when his own photograph's of the scene show no such skid marks? Furthermore news video clearly shows these skid marks being several hundred feet away and clearly not related to any hit and run vehicle.

9. Why does his report show Kevin's footwear being found over 150 feet from his final resting place, when the scene photographs clearly show them within 6 to 8 feet of Kevin's body?

10. Why does Corporl Jetton show the skid marks from the UPS truck in a totally different location to where the initial accident report shows them? How can two experienced traffic investigator's, both standing at the same scene, submit reports showing it occurring in two totally different locations?

11. The UPS driver and his vehicle remained at the scene for three hours with the highway closed. Only one set of skid marks in the highway matched the tread pattern of his tyres. He clearly knew where Kevin was when his vehicle struck him. The physical evidence would have shown exactly where Kevin was when he was struck by this vehicle. How, under these circumstances, can an experienced traffic officer submit a false report without being fully aware that he is doing so?

12. Corporal Jetton claims that a part of a rear-view mirror found at the scene is proof of a hit and run vehicle. Why did he not state that it was found 200 feet away from where he describes Kevin being struck and over 300 feet away from where eyewitnesses and Trooper Glover show him being struck? Why did he not state that there were no glass particles from a broken mirror found at the scene?

13. Why did he insist on classing this as a hit and run accident when both the tractor-trailer driver and eyewitness Brian Bolduc stated that they did not see any hit and run vehicle strike Kevin immediately prior to the fatal impact?

14. How could F.H.P., F.D.L.E., the State Attorney and Tampa Police all thoroughly review this investigation and not be aware that there were two totally contradicting accident reports?

15. Colonel Hall of F.H.P. has stated in writing that all agencies carefully reviewed all physical evidence and carried out a reconstruction of events. How could they carry out a reconstruction and not see from the photographic and physical evidence that Corporal Jetton had falsified the scene of Kevin's death?

16. We have consistently pointed out to the heads of all these agencies and Governor Bush, that Corporal Jetton had knowingly filed a false and misleading report. That the evidence showed that no hit and run vehicle had struck Kevin and knocked him into the path of the oncoming truck. Given these facts, why did they not call for an investigation into Corporal Jetton's actions?

17. Passing truck driver, Mark Allen, witnessed Kevin being attacked and deliberately pushed in front of the oncoming tractor-trailer. Several independent witnesses have confirmed that Mr. Allen told them that night what he had seen. Mr. Allen claims he phoned *FHP from the scene and told them what he had seen. He further states that he gave this information to Corporal Jetton that night and on two further occasions. Why does this information not appear in the investigation report?

18.  Florida Highway Patrol claim they did not receive any calls to * FHP that night. The 911 records show that they did not receive a call from Mr. Allen. How could Corporal Jetton have called Mr. Allen's depot, this is confirmed by the depot manager, before Mr. Allen had even returned back to the depot, if they had not received a call from him?

19. In Mr. Allen's recorded interview, he states to Corporal Jetton that he immediately called *FHP on his cell phone from the scene. If no *FHP calls were received that night, why did Corporal Jetton not query this statement by Mr. Allen? All calls to *FHP are recorded on tape, where are the records of that nights calls?

20. Corporal Jetton has stated that he received two calls from truck drivers who called in with information related to this incident. If Mr. Allen is one of them, where is the statement of the second truck driver who called in?

21. Why were no eyewitnesses interviewed until seven weeks after Kevin's death and only after we had been forced to complain to internal affairs and Governor Lawton Chiles?

22. Why were the occupants of homes that backed on to the crime scene not questioned until months later, even though they were in their yards at the time the police arrived?

23. Given the information that there had been a fight prior to our Son's death, why was the scene of the fight not searched for evidence or weapons? Why was it left for us to discover a knife at the scene, in plain view, six weeks after Kevin's death?

24. The police knew that this confrontation had commenced back at Ybor City and one of Kevin's assailants had received a broken nose in the ensuing fight. They received a call from a local hospital within one hour of Kevin's death reporting that a youth was getting treatment for a broken nose caused in a fight back at Ybor City. They were given Anthony Lloyd's name and address, why was he not apprehended and interviewed that night?

25. Why did they not follow up on this information and interview the hospital receptionist until eight months after Kevin's death? Why are there such big inconsistencies between what the investigation report states this witness observed and the account she gave to Investigator Merston?

26. Michael Lipp fled the scene and drove to the home of a girl who he and Kevin had been with at Ybor City. The girls Mother phoned 911 and informed them that Michael Lipp was at her home and had told her that Kevin had been killed. Both her and her daughter have given sworn statements that Lipp told them Kevin had been pushed in front of the oncoming truck. Why were these witnesses not interviewed until seven weeks after Kevin's death?

27. In the 911 call the Mother made, she states that Michael Lipp spoke to the 911 operator. Corporal Jetton listened to this recording. Where are the records or transcripts of this call?

28. Lipp stated that he stopped on the highway because the van struck the rear of his car. Why was his car not forensically examined, in an effort to identify the vehicle that had struck it, until several months later? Given Lipp's obvious deception, why was his car not searched that night?

29. Seven weeks after they had called FHP, eyewitnesses, David and William Stone were interviewed. They described Kevin standing in the middle lane of the highway appearing dazed and white as a sheet, they described him having dirt on his body and not moving or reacting to the traffic. They described seeing seven persons, including two females, at the scene and a tan colored van. Eyewitness Peter Carr had previously described seeing two females and a tan van at the scene. In his investigation report, Corporal Jetton dismissed these witnesses as "being unreliable, as their statements were not consistent with Michael Lipp's account". How can any investigator dismiss independent eyewitnesses, whose evidence has been corroborated by other witnesses, on the grounds that their statements were not consistent with a possible suspect and proven liar?

30. Eyewitness Peter Carr came forward at the scene stating he had passed by moments before Kevin was killed. He described seeing Kevin four lanes out into the highway, near the concrete dividing barrier. He described seeing a group of people at the side of the highway, including two females. Why was a statement not taken from this witness at the scene? Why was he not interviewed until two years after our Son's death and only after the State Attorney had closed the case? Why was this witness never mentioned in the investigation report?

31. Another eyewitness, a taxi driver, came forward to FHP. He described swerving to avoid Kevin, who was in the middle of the highway. He drove past again 10 minutes later and described Kevin still in the middle of the highway appearing "obviously unaware of his surroundings, he appeared totally disorientated". He further described a group of five persons at the side of the highway attempting to throw someone into the highway. This corroborates the 911 calls showing Kevin out in the highway for over 12 minutes and fighting continuing during this time. Following this witness coming forward we were told at a meeting attended by several high ranking FHP Officers that, in their opinion, Kevin had just stepped back into the highway, a mistake even experienced troopers have been known to make. How could they arrive at this opinion given the evidence in their possession?

32. In June 1998, Michael Lipp took and failed a criminal polygraph test. This test specifically dealt with the question "was Kevin forced into the highway in front of the oncoming traffic"? Lipp's failure of this test clearly indicated that his initial statement, that Kevin was pushed in front of the truck, was the truth. It further demonstrated that his statement to police, already disproved by the evidence of the scene, was a false statement. Given the impact of Lipp's deception in this polygraph test, why would Corporal Jetton omit the details of this test from his investigation report?

33. Michael Lipp was immediately interviewed following the deception indicated in this test. Why are there no records of this interview? Prior to this polygraph test, all Lipp's interviews were recorded. Why would FHP and FDLE cease recording Lipp's interviews once this deception was established? Why are there no records whatsoever of any of Lipp's subsequent interviews by FHP and FDLE?

34.  In July 1998 two informants came forward identifying three of the individuals at the scene. They stated that one of these persons, Anthony Lloyd, confessed that he and his friends had forced Lipp's car off the road, following a fight at Ybor City, and that he had murdered our Son. Lloyd stated to them that he had beaten Kevin to death and his final punch had knocked Kevin in front of the oncoming truck. They stated Lloyd fled the state immediately after this incident. Their identification of these individuals was proven to be correct, as was there statement that Lloyd had fled the state. The account of the fight commencing at Ybor City was consistent with Lloyd's statement to the hospital. Corporal Jetton dismisses them in his report solely on the grounds that their account was not consistent with Michael Lipp. Why would an experienced investigator continue to dismiss independent witnesses on the words of a proven liar?

35. The statements of these informants were never included in the investigation report. They were not transcribed until after FHP, FDLE, Tampa Police Dept. and the State Attorney had all concluded that our Son's death was nothing more than a traffic accident. In fact the supervising officer, Lt. Mauriello could not even confirm that the interviews were recorded until fifteen months after the interviews were conducted. How can so many experienced investigator's not consider it necessary to review the evidence of witnesses who state that Anthony Lloyd had confessed to murdering our Son?

36. When the two other persons identified by the witnesses were questioned, they confirmed that there was a fight at Ybor City, which was broken up by Tampa police, this was consistent with the statements of the informants. The driver of the van, Christopher Grubb, stated he gave a statement to the police outside the club. Where are the records of this incident? Why did FHP refuse our request, at the time of Kevin's death, that they go to Ybor City to explore the possibility that this was where the confrontation started? Why did they refuse our request to check surveillance video's, these are in continual use in Ybor City to monitor the activities in the street outside the clubs?

37. Christopher Grubb's statement is clearly inconsistent with the statement of Michael Lipp. He states Kevin "kept walking in and out of the highway trying to flag down traffic in an effort to call the police".  This is clearly different to Michael Lipp's account that Kevin stood with his back to the highway and took one step back in front of the oncoming vehicle. Why does Corporal Jetton state in his report that he and Lt. Dawson agreed that "Grubb's statement matched that of Michael Lipp with the exception of who yelled at who first"?

38. Timothy Shonig, the other person identified gives a different version of events. He stated that Kevin was not attempting to flag down traffic, nor did he, Shonig, yell at Kevin to leave the highway as Grubb had described. He stated that Kevin "just wandered across all four lanes of the highway to the concrete barrier, but he does not know why". Grubb, Shonig and Lipp are all clearly lying when they deny anyone other than Kevin ever entered the highway. It is obvious they have conspired to give a false account of events. Why have they never been questioned about the evidence of eyewitnesses, the evidence of the 911 calls and the evidence of the informants? Why have these people never been considered as suspects and questioned about their contradicting accounts?

39.  The driver of the tractor-trailer that struck and killed our Son was only interviewed for one minute at the scene. FHP and FDLE refused our requests to re-interview this witness and establish the following facts: Where was the initial point of impact? How many people did he observe at the scene? What were their actions and where were they standing? Did he observe any females and could he describe the individuals? Could he describe the number and type of vehicles he observed at the scene? Why, having refused to ask these questions, did Corporal Jetton order this witness not to talk to our investigator?

40. It is inconceivable that a special agent of FDLE and an experienced traffic homicide investigator would not recognize the importance of these questions when investigating a homicide. The question arises, why they would not only refuse our requests to ask these questions of this witness, but also eyewitnesses Peter Carr, Brian Bolduc, Mark Allen and other eyewitnesses who had come forward? How could they fail to ask these questions in the first place?

41. In May 1999 we provided the police with vital information concerning the tractor-trailer driver, Mr Gardana. He stated to us that on striking Kevin he immediately exited his vehicle and called his company on his cell phone. His phone records show this call was placed at 3.42am. This is five minutes after the 911 calls reporting Kevin down in the highway. This would appear to show Kevin was down in the middle of the highway, seemingly unconscious, several minutes before Mr Gardana and the supposed hit and run vehicle arrived on the scene. The statement of witness Peter Carr, who was never mentioned in the investigation report, confirms this fact. Mr Carr had traveled less than a mile, after observing Kevin standing by the concrete barrier, when witness Brian Bolduc called him from the scene. He told him to turn back, informing him that someone had been killed by a truck. Mr Carr states that he was driving in excess of 60 mph. Both Mr Bolduc and Mr Gardana state that their calls were made simultaneously, the time of which is established as 3.42am. Therefore, Mr Carr had to have passed by no earlier than 3-41am when he saw Kevin standing by the barrier, and obviously several minutes after the 911 calls of 3-37am describing Kevin down in the highway. The police have consistently claimed that the 911 calls describing Kevin down in the highway were made after he was struck by the truck. Why have the police refused to confirm these facts and obtain copies of the phone records? Why have Lipp, Grubb and Shonig not been questioned in an attempt to establish what caused Kevin to be down in the highway?

42. On establishing this information we asked if any 911 calls had been received after the calls of 3-37 and 3-38am describing Kevin down in the highway. We were told that Lt. Mauriello would check the recordings. We were then informed that the 911 recordings had been destroyed. Why were these tapes not taken into evidence? How could they allow the recordings to be destroyed when this was an ongoing criminal investigation?

43. In November 1999, following t/v coverage of a meeting between my family and the various police agencies involved, we were informed that a taxi driver had come forward to Tampa Police Dept. with possible incriminating evidence. We were told, however, that there were concerns over the witness's credibility and that FHP were investigating his background. We were asked to provide our video recordings of the various news stories on this case, to establish if the witness could have obtained information from the news programs. Lt. Mauriello of FHP confirmed all of this information to our attorney. Two months later we were informed that this witness had now been interviewed and had no relevant information about this case, he had witnessed a different incident at another location on a different date. When our investigator spoke to the witness, however, a different story emerged. He stated he had never gone forward to Tampa Police in November 1999, he had in fact phoned FHP shortly after our Son's death. He had heard nothing from them for nearly two years, until Lt. Mauriello interviewed him twice and took a recorded statement from him all on the same day. Why would they spend two months investigating this witness's credibility before they had even established if he had any evidence? Why would they tell our attorney he had possible incriminating evidence when they had yet to speak to him? Why are there conflicting accounts of when the witness came forward and to whom?

44. The taxi driver that Mark Allen saw stopped on the on-ramp is obviously a vital witness. Why have FHP and FDLE refused our requests to obtain a simple list of cab drivers that were working on that day and time, in an effort to identify this witness?

45. Special Agent Dey of FDLE spent six months investigating the death of our Son. During this time he conducted several interviews, including interviews of Lipp and Grubb, mostly at FDLE headquarters in Tampa. Why did he fail to record any of the interviews that he conducted during this time? Why can he produce no records of these interviews? Why did he not recognize the failure of Corporal Jetton to obtain very routine but important information from eyewitnesses? Why did he refuse our requests to re-interview these witnesses, specifically Mark Allen, David Stone and Steve Carlton, and obtain this information himself? Why did he not recognize Corporal Jetton's failure to question Lipp, Grubb and Shonig about the evidence of eyewitnesses, 911 callers, informants, Lipp's polygraph test, the inconsistencies and the deception in their sworn statements? Why did he not address these issues in his interviews?

46. Given the evidence in his possession and the obvious suspicious circumstances surrounding our Son's death, how can agent Dey justify the conclusion of his report that "their exists no evidence to indicate this was anything other that a hit and run traffic accident. Investigator's can only speculate as to why Kevin McGinley was in the highway for so long prior to his death"?

47. Agent Dey was assigned to this case because of his interviewing skills. He is also an experienced criminal polygraphist. His appointment came as a direct result of our complaints regarding Corporal Jetton's failure to properly interview eyewitnesses and to confront the persons involved in Kevin's death with the evidence in his possession. Under those circumstances there has to be extreme concern as to why Agent Dey not only failed, but seemingly refused to fulfill his duties in this investigation.

48. The concerns expressed here have been repeatedly raised at the highest levels within Florida Dept. of Law Enforcement. We have raised them with Regional Director James Sewell. Governor Bush has forwarded them to the Executive Investigations Branch with a request that they review them. Serious allegations have been made by independent witnesses concerning Agent Dey's behavior in this investigation. They have given sworn statements that, at the outset of his investigation, Agent Dey informed them that he already knew Kevin's death was an accident and that the witness interviews were just a formality to appease the parents. They further claim that these interviews were recorded by Agent Dey. Why have these allegations not been investigated? Why have our allegations about Agent Dey's behavior not been investigated?

49. In correspondence to us, Director Sewell stated "the statements of each witness have been carefully reviewed time and again by both the assigned investigator's and all reviewing authorities". He further states that "the investigators have pursued this in a professional, competent, well documented manner". It is inconceivable that the inadequacies of the interviews in this investigation would not have been recognized by Director Sewell and the other reviewing authorities. Director Sewell cannot be unaware of the evidence that contradicts the conclusions of Agent Dey, why has he chosen to ignore this evidence? How can he claim this was well documented when no records exist of any interviews conducted by Agent Dey? When eyewitness accounts, informant statements and the records of Michael Lipp's polygraph tests have all been withheld from the investigation report?

50. The actions of Tampa Police in this investigation also raise significant questions. At Governor Bush's request, Sgt. Diaz of Tampa Homicide Department fully reviewed the FHP investigative report along with considerable evidence provided by our private investigator and us. Having reviewed this she submitted her conclusions to Chief Holder who subsequently, through Deputy Chief Siling, offered to assign TPD's most senior homicide investigator full time to assist in this investigation. Six weeks later TPD stated that their offer was not to investigate but merely to review FHP's investigation. Why would they assign a homicide detective to review an investigation that had already been fully reviewed by their sergeant of homicide? What were the conclusions arrived at by Sgt. Diaz and submitted to Chief Holder? Where is this report? Given the evidence in their possession how could their senior detective conclude that "all investigative opportunities have been explored and documented and there is no basis to believe Kevin McGinley's death occurred as the result of a criminal act". Why have they refused to answer the specific questions that were raised with them concerning the evidence that contradicted the conclusions of their agency, replying only that "they are outside the scope of our investigations and should be addressed to FHP"?

51. Questions regarding the actions of the Offices of Hillsborough State Attorney, Harry Lee Coe, also need to be answered. On three occasions they attempted to close this case while it was still being investigated. On February 8th 2000 they closed the case. Yet in a letter received by them dated February 16th 2000, Colonel Hall of FHP states "we are continuing our efforts to follow all reasonable leads in this investigation including an interview with Anthony Lloyd. Lt. Mauriello continues as point person to coordinate our efforts to interview witnesses and follow up all reasonable leads". Why did the state attorney display such haste in closing a homicide case? Why would they close a case that was still an active ongoing criminal investigation? How could they determine that there was insufficient evidence for a prosecution until the investigation was complete and all evidence gathered? Why did Mr. Coe refuse to respond to the evidence we provided him proving the conclusions of the investigation report were false? Why did he not order an investigation into why so much evidence had been withheld from his office?

52. Corporal Jetton has knowingly submitted a false investigation report. He has falsely represented the evidence at the scene. He has withheld vital evidence from the investigation report and the State Attorney, evidence which clearly indicated that Kevin was viciously and brutally attacked, deliberately forced into the highway and intentionally thrown to his death. He has concealed the evidence of witnesses. He has refused to pursue evidence that our Son was murdered and refused to confront the people responsible for our Son's death. How has he been allowed to continue this cover-up of our Son's murder, unabated, for two years and eight months? We have continued to present evidence of these actions to the highest level of all four agencies involved, as well as the Inspector General and Governor Bush. Why have they refused to respond to, or investigate, the evidence and allegations that we have consistently presented them with? It is simply not believable that so many experienced and high-ranking officers could be unaware of what was taking place. If Mr. Merston could recognize evidence of Corporal Jetton's wrongdoing, within days of commencing his investigation, how could these agencies fail to be aware of it given the evidence in their possession?

53. In the interests of Justice, the following questions, raised by Mr. Merston in his report, have to be answered:-

a. What was Corporal Jetton's motive for covering up the murder of our Son, Kevin?

b. Why has Michael Lipp conspired to cover up the murder of his friend?

c. Has there been collusion between Corporal Jetton and those responsible for Kevin's death?
        
d. Have other law enforcement officers or agencies conspired with Corporal Jetton to cover up Kevin's murder?
                                                                             
e. Have Officers of Florida Highway Patrol conspired to cover up Corporal Jetton's wrongdoing in order to protect the interests or reputation of their agency?

f.  Have other agencies conspired to cover up Kevin's murder in order to protect the interests or reputation of Florida Highway Patrol?






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PLEA FOR WITNESSES
+ DISTURBING FACTS
THE FACTS
THE EVENTS
THE COVER-UP
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THE COVER-UP CONTINUES
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