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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA STATE OF FLORIDA

, Plaintiff, v. RENE PEDRAYES, Defendant. CASE NO. FI0025690(F) JUDGE: SARAH ZABEL

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MOTION TO COMPEL Rene Pedrayes, through undersigned counsel, files his Motion to Compel Roberto Alvarado to submit to a polygraph examination and states: INTRODUCTION Rene Pedrayes, along with seven other individuals, has been charged with 1) RICO, in violation of Fla. Stat. § 895.03 and 2) RICO conspiracy, in violation of § 895.03(4), with 840 underlying RICO acts. Although the information totals 100 pages, the basic allegation is that the defendants defrauded Miami-Dade County through over-billing on the Metrorail security contract. Officers allegedly billed for hours which they did not work -- a practice which has been termed "ghost-posting. " It is undisputed that Mr. Pedrayes did not commit any of the alleged over-billing or falsification of documents. Mr. Pedrayes, in fact, did not perform any services on the Metrorail

contract. Instead, the State's theory is that Mr. Pedrayes knew of and authorized the over-billing by guards assigned to the contract. This theory, however, is not based on any documents, on any emails, or on any phone calls. In fact, during the investigation that started way back in 2006, there

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was no evidence that supported the State's theory, even though it had interviewed literally hundreds of witnesses. It was not until immediately before the statute of limitations was about to expire that one convicted criminal, charged co-defendant and former Wackenhut employee Roberto Alvarado, changed his story and implicated Mr. Pedrayes, claiming that at one meeting in 2001 Mr. Pedrayes authorized over-billing. In truth, however, Mr. Pedrayes, had little interaction with Alvarado and

did not directly supervise him. In exchange for pointing the finger at Mr. Pedrayes, the former Florida Regional Vice President of The Wackenhut Corporation, and other higher-ups, the State entered into a written cooperation agreement with Mr. Alvarado on October 26,2010, whereby he pleaded guilty to grand theft third degree, reducing his sentencing exposure from 3 years to a possibility of probation. The RICO charges were dropped. In this plea agreement, Mr. Alvarado voluntarily agreed that, if

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requested by the State Attorney's Office, he would "submit to [a] polygraph examination to verify the truthfulness and completeness of any statement or testimony provided by the defendant. ... " See Plea Agreement, Exhibit A at pg. 2,~ 9. This provision of the plea agreement is extremely important because Mr. Alvarado, the only witness against Mr. Pedrayes, has a history that demonstrates his unreliability. Mr. Alvarado is a

convicted sexual batterer, was a fugitive from the law after he was charged with molesting a young woman, was initially uncooperative with the police and obstructed their investigation, and changed his story a number of times in this case until he finally pointed the finger at Mr. Pedrayes. In direct contrast, Mr. Pedrayes has taken and passed a polygraph examination administered by former Miami-Dade County police detective Joseph Harper. Mr. Harper, an expert witness in

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polygraph science (and who is often relied on by the State), examined Mr. Pedrayes, questioning whether he knew of or participated in any over-billing scheme. Rene Pedrayes truthfully answered that he did not. Mr. Pedrayes has no prior convictions, has a sterling past, and had no motive to authorize any over-billing on the Metrorail contract. Therefore, we file this Motion to Compel the State to have Mr. Alvarado take the polygraph examination as he agreed to do in his plea agreement so that this meritless case can be resolved.

ARGUMENT A. Roberto Alvarado's Prior Arrest Demonstrates his Lack of Integrity and Untrustworthiness

After leaving Wackenhut, Roberto Alvarado got ajob as a patrol officer at the newly-created Sandy Springs Police Department in Northern Georgia. On January 8,2008, Alvarado, on-duty as a police officer, stopped a 21-year-old female for a traffic infraction. After making contact with the young woman, Alvarado refused to return her driver's license so she could not escape him, repeatedly directed her to deserted locations where he molested her and made lewd comments, and threatened her with more severe charges if she did not submit to him. Alvarado attempted to hide his crime by turning offhis police-issued audio microphone and video recorder, and obstructing the investigation. Additionally, he lied to numerous officers, dispatchers, and gave a fake name to the victim. Sandy Springs police conducted a thorough investigation into the accusations against their own officer and determined them to be true. See Sandy Springs police reports and Fulton Superior Court records, Exhibit B. Consequently, based on his deplorable acts and the result of an in-depth police examination, on January 29,2008, Roberto Alvarado was indicted for false imprisonment,

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sexual assault, sexual battery, and violation of oath by a public officer. A day later, he was listed as a fugitive for fleeing Georgia. After finally being arrested in Alabama and a year and a half of extending his case, Alvarado pled guilty and was convicted of sexual battery. Needless to say, Roberto Alvarado is no longer a police officer and his conduct demonstrates why he cannot be trusted or relied upon, especially without any corroboration.

B.

Roberto Alvarado's StatementsHave "Evolved" Over Time

Despite this record, detectives from the Public Corruption Bureau of the Miami-Dade Police Department interviewed Roberto Alvarado numerous times and obtained legal proffers from his attorney Teresa Williams. They continued speaking with him, notwithstanding the fact that Alvarado made it clear since his first meeting with Detective David Colon that his primary objective was obtaining a sweet deal. On the path to obtaining this great deal, Mr. Alvarado's statements have substantially changed over time, increasingly incriminating Wackenhut executives (particularly after his arrest). In brief, his claims as to Rene Pedrayes have morphed as follows: • August 27, 2007 - Alvarado claimed that Rene Pedrayes and other corporate officers told him on some unknown date that anything that needed to be done, had to be done to protect the contract. • November 27, 2007 - Alvarado proffered through his attorney that an unnamed supervisor told him to "do what you have to do to cover these posts." • December 17, 2007 - Alvarado's second proffer through Teresa Williams labeled "Confidential Communication for Purpose of Negotiation" added that Rene Pedrayes told him to "do what you have to do to cover these posts."

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• September 23, 2010 [subsequentto

his arrest on this case]- Alvarado's unsworn

telephonic statement refers, for the first time, to a meeting around September 11, 2001 with Rene Pedrayes, Eddie Esquivel, and Elijah Pendleton regarding the shortage of guards to cover Metrorail posts. Alvarado claims Pedrayes said to do what you have to do to cover posts, and for the first time says that Pedrayes stated, "even if it means ghosting them." - October 26,2010 [immediately after entering his plea agreement] - Alvarado

refers to a meeting "probably in late '01 or early '02" where Rene Pedrayes allegedly told him to "cover the posts any way you can even if it means ghosting them." After defense counsel for another defendant pointed out Alvarado's ever-changing statements to the prosecution, a sixth "clarification" statement was obtained from Mr. Alvarado which supposedly "resolves" these inconsistent and "evolving" stories. This new statement has not yet been provided to the defense despite repeated request by other co-defendants' counsel. C. Roberto Alvarado Entered Into a Plea Agreement Significantly Less Punishment to a Reduced Charge and

As stated above, Roberto Alvarado has pled guilty in this case. He did this after signing a written plea agreement with the prosecutor. In exchange for changing his story regarding Wackenhut corporate officers, the State granted him the benefit of a much reduced charge and punishment exposure. Instead of pleading guilty to a first degree felony RICO count, as he was charged, the State Attorney's Office agreed to reduce Alvarado's crime to a third degree felony of grand theft. Thus, instead of facing a maximum 30 years in prison with the bottom of his guidelines calculated to mandatory imprisonment, he now faces a likelihood of probation. The State agreed to such a deal
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with a sexual offender even though the State claims he was the admitted leader of the fraudulent billing with countless witnesses willing to testify that Alvarado directly falsified invoices,

participated in the ghost-posting practices, and instructed numerous other guards to also over-bill. D. Roberto Alvarado's "Word" is the Only Evidence Linking Rene Pedrayes to These Charges

Unlike the overwhelming evidence against Roberto Alvarado, there is no evidence against Rene Pedrayes, except Roberto Alvarado's word. Out of the over 100 Metrorail contract guards interviewed, numerous guards affirm that Alvarado was the one who instructed and approved their billing for hours that they did not work. But, out of the over 100 Metrorail contract guards

interviewed, Roberto Alvarado is the only individual that alleges Rene Pedrayes authorized ghostposting. Alvarado claims the conspiracy to defraud the County was hatched at an alleged 2001 meeting. However, no record, email, appointment, or other witness documents that this meeting took place. Moreover, through four years of an active police investigation, detectives examined records, e-mails, invoices, sign-in sheets, logbooks, schedules, imaged Wackenhut computers, memoranda, personnel files, and countless other items. No other physical or circumstantial evidence exists linking Rene Pedrayes to any fraudulent activity. A case based solely on the word of a man like Alvarado should not be permitted to go forward. E. Rene Pedrayes Immediately Took a Polygraph Exam Demonstrating That He is Innocent

Unlike Alvarado, Rene Pedrayes eagerly and promptly submitted himself to a polygraph examination by a qualified expert. He did this prior to being charged and before any knowledge that

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Roberto Alvarado was going to accuse him. On September 21, 2010, Mr. Pedrayes voluntarily took a polygraph test where he was asked these questions: • • Did you authorize anyone to falsify billing on the Miami-Dade Transit Contract? Did you knowingly participate in billing the County for work not performed on the Miami-Dade Transit Contract? • Were you involved in any way in instructing anyone to engage in fraudulent billing practices regarding the Miami-Dade Transit Contract? Rene Pedrayes answered all these questions "No." Mr. Harper analyzed the polygrams used to examine Mr. Pedrayes and determined that there was no deception. F. Fundamental Fairness and the Truth-Seeking Function of the Court Require Compelling Roberto Alvarado to Take a Polygraph

Both Federal and Florida appellate courts have recognized that, in criminal cases, the considerations of fairness and the truth-seeking function of a court must be utilized. See, e.g., United States v. Bagley, 473 U.S. 667, 680 (1985) ("[T]he knowing use of perjured testimony involves prosecutorial misconduct and, more importantly, involves 'a corruption ofthe truth-seeking function of the trial process. '''); Giglio v. United States, 405 U.S. 150, 153 (1972) ("[T]his Court [has] made clear that deliberate deception of a court and jurors by the presentation of known false evidence is incompatible with 'rudimentary demands of justice. '''); Guzman v. State, 868 So.2d 498, 507 (Fla. 2003) ("[T]he knowing use of perjured testimony involves prosecutorial misconduct and 'a

corruption of the truth-seeking function of the trial process. "'). The Florida Supreme Court has expressed: [The case law of the United States Supreme Court and the Florida Supreme Court]
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is based on the principle that society's search for the truth is the polestar that guides all judicial inquiry, and when the State knowingly presents false testimony or misleading argument to the court, the State casts an impenetrable cloud over that polestar .... In other words, whenever the State seeks to obfuscate the truth-seeking function of a court by knowingly using false testimony or misleading argument, the integrity of the judicial proceeding is placed in jeopardy. Johnson v. State, 44 So.3d 51,53-54 (Fla. 2010). The Johnson case involved a prosecutor who misled the court and presented false testimony of an informant at a suppression hearing and trial. The Court determined that, although Johnson had committed three horrible murders (including of a deputy sheriff), fairness and justice demanded candid, untainted proceedings. The Court concluded:

The same principles oflaw apply equally to cases that have stirred passionate public outcry as to those that have not. In our system of justice, ends do not justify means. Rather, experience teaches that the means become the end and the irregular and untruthful arguments lead to unreliable results. Lawlessness by a defendant never justifies lawless conduct at trial. Id. at 73 (citations omitted). Therefore, the defendant's death sentences were vacated and the case was remanded for a new penalty-phase proceeding. We are not accusing the State of any misconduct. We do submit, however, that Alvarado is lying to save his skin and would compromise the truth-seeking function of a trial. The credibility and believability of the State's sole witness (out of hundreds on the witness list) against Rene Pedrayes is at issue given his motive and bias to obtain a non-jail sentence, sordid history, and progressively-changing statements. When an entire RICO case is built on the word of such a man,

justice cannot allow for him to avoid taking a polygraph exam, which he specifically agreed to take. To do so would compromise the integrity of this Court. The State has acknowledged the effectiveness and persuasiveness of a polygraph examination
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by including it within Mr. Alvarado's plea agreement. And Mr. Alvarado has fully consented to taking the test at the State's request. There is simply no good reason for the State not to enforce its agreement, especially ifthat reason is because the State is unsure of the results. In reality, everyone knows what the results will be.

WHEREFORE, the Defendant asks this Honorable Court to GRANT his Motion to Compel Roberto Alvarado to submit to a polygraph examination by a qualified examiner approved by the Court.

I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed/faxed this 24th day of August 2011, to the Office of the State Attorney, 1350 N.W. 12th Avenue, Miami, Florida 33136. Respectfully submitted, MARKus & MARKus PLLC Penthouse One 40 N.W. Third Street Miami, Florida 33128 Tel: (305)379-6667 Fax: (305)379-66

By:

'J..J"~.1.I

OSCAR

MARKus

Florida Bar Number 119318 Dmarkus@MarkusLaw.com
A. MARGOT MOSS

Florida Bar Number 091870 Mmoss@MarkusLaw.com
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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA.. STATE OF FLORIDA Plaintiff, CASE NO: FlO-25690

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ROBERT ALVARADO Defendant.

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PLEA AGREEMENT COMES NOW KATHERINE FERNANDEZ RUNDLE, State Attorney for the Eleventh Judicial Circuit of Florida, by and through the undersigned Assistant State Attorney, and pursuant to FRep 3.171, enters into this contract for a plea agreement with the defendant, and his attorney, Teresa Williams, Esquire. The specific terms of this agreement are dependent upon the acceptance by the Honorable SARAH ZABEL, who is the presiding judge in this case. If these terms are not acceptable by the Court, the entire agreement shall be considered void ab initio and all parties will return to their pre-agreement status. This agreement shall become enforceable against the respective parties after its ratification and acceptance by the Court pursuant to FRep 3.172. The defendant shall plead guilty to one count of Grand Theft Third degree, a third degree felony. The defendant's plea of guilty is irrevocable.

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The defendant agrees to waive all rights to which he would be entitled if he went to trial, including but not limited to: a) The right to persist in a plea of not guilty; b) The right to a jury trial; c) The right to assistance of counsel during a jury trial; d) The right to compel the attendance of witnesses on his behalf; e) The right to confront and cross-examine. state witnesses; f) The right against self-incrimination; g) The right to appeal all matters relating to any judgments. The Court shall accept the defendant's plea of guilt and defer finding of guilt, adjudication of guilt and sentence until the defendant has completed all of the terms and conditions set forth in this plea agreement. However, it is understood that the defendant shall be adjudicated at time of sentencing.

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DEFENDANT'S

OBLIGATIONS

4. The defendant will provide a sworn statement to the Miami-Dade

State Attorney's Office and/or the Miami-Dade Police Department identifying all persons known to him to be involved in criminal activity, including but not limited to Racketeering/RICO, Unlawful Compensation, andlor Theft. The defendant is required to continue providing such information throughout the continuation of this agreement.

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The defendant agrees to be continually available for any and all meetings, interviews, depositions, hearings, grand juries and trials as required by the Miami-Dade State Attorney's Office, andlor the Miami-Dade Police Department, to include Stat~ v. Roberto Pereira, case number FIO-25690A; State v. Nathan Holmes, case number FI0-25690C; State v. William J. Acosta, case number FIO-25690D; State v. Elij~ G. Pendleton, case number FlO-25690B; State v. Rene Pedrayes, case number FIO25690F; State v. Eduardo Esquivel, case number FIO-25690G and State v. Erika M. Reyan, case number FIO-25690H as well as any future prosecutions and/or investigations involving The Wackenhut Corporation as it relates to the Miami-Dade Transit Security Officer Services Contract and further agrees to provide truthful and complete information and testimony at such meetings, interviews, depositions, hearings, grand juries and trials. It is understood that the defendant's statements previously provided to Detective David Colon and Detective Myriam Gordils were completely truthful and that future statements made by the defendant shall be consistent with his previous statements made to said Detectives. The defendant specifically agrees not to falsely implicate any person or entity through false information, cooperation and testimony shall be entirely unconditional. The defendant hereby waives his Fifth Amendment right against self-incrimination. However, the defendant acknowledges and understands that law enforcement may communicate with him directly without the need to notify his counsel prior to such communication. to any and all law .

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6. The defendant's

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The defendant shall provide substantial assistance and cooperation enforcement personnel andlor Assistant State Attorneys.

8. The defendant shall not conduct any investigation or initiate contact with allY subjects
of these investigations without prior approval andlor supervision of law enforcement. A violation of this paragraph is a violation of the defendant's release and shall subject the defendant to the sentencing provisions outlined in paragraph eleven (11) of this agreement. The defendant agrees, at the option of the Miami-Dade State Attorney's Office, to submit to polygraph examination to verify the truthfulness and completeness of any statement or testimony provided by the defendant pursuant to the requirement of this Agreement. The Miami-Dade State Attorney's Office shall select the polygraph

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examiner but the defendant shall pay for the examination. The defendant agrees that he has the funds to pay for such examination.

10. The defendant agrees to refrain from the commission of any crime during the pendancy of this case andlor the defendant's cooperation. The commission by the defendant of any crime, occurring inside or outside Miami-Dade County shall be a violation of this Agreement and the defendant will be sentenced pursuant to paragraph eleven (11). A conviction in a court of law shall not be a prerequisite for such an offense to constitute a violation of this agreement.
SENTENCING

11. If the defendant satisfies all of the conditions specified in this agreement during the time period provided by the State of Florida or the Court, then the parties agree that the defendant shall be sentenced within a range from a period of Probation to 5 years State Prison. A special condition of sentencing shall be that the Defendant completes 150 hours of Community Service.

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defendant violates any of the tenus of this Agreement or fails to appear for any meetings, interviews, depositions, hearings, grand juries and trials as required by the Miami-Dade State Attorney's Office, the designated investigating law enforcement agency, or the Court, or fails to provide truthful and complete information and testimony at all such meetings, interviews, depositions, hearings, grand juries and trials or falsely implicates any person or entity through false information, then the parties agree that the defendant sha1lbe sentenced to five (5) years in state prison. preponderance of the evidence.

J't?r 13. The State of Florida need only prove any violation of this agreement to the court by a
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J~ 14. The defendant agrees that the State of Florida is authorized to move this Court, on an

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Ex Parte basis, to revoke the defendant's release pending sentencing for any violation of this agreement by the defendant as well as a reasonable belief that the defendant is a flight risk. Upon filing of said motion, the Court shall immediately grant the motion and revoke the defendant's release. The Court shall order the defendant to be held without bond pending sentencing and issue an alias capias for the defendant's arrest. the defendant fails to appear for sentencing on a date set by the court, after reasonable notice, then the parties agree that the defendant shall be sentenced in absentia to the statutory maximum allowable by law for the charged offenses which is stipulated to be five (5) years in state prison. in or outside of the United States where he may be found and agrees not to contest any effort by any jurisdiction to return him to the State of Florida.

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t\r 16. The defendant hereby waives extradition to the State of Florida from any jurisdiction

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Complaint On Tuesday 1/8/2008 at approximately 0022 hours, Officer Robert Alvarado made a traffic stop on complainant Kesha Megan Jackson. Jackson Alleges that during this stop and three to four subsequent stops during the next forty five minutes that Alvarado "flirted" with her, kissed her and touched her about her neck chest and breasts. Investigation Sergeant Lindstrom, badge #30 met with the complainant at the BP gas station located at 5500 Northside Drive, Sandy Springs in response to a call from Officer Alvarado. Sergeant Lindstrom took a written statement from the complainant. In addition, Detective Jones and I met with the complainant at 724 Frasier Circle SE, Marietta, GA and conducted an interview. An audio recording of the second interview was made and is included as a part of this investigative package. Interviews of Kesha Megan Jackson Following is a summary of the written statement and subsequent interview of the complainant. Complainant states that she was pulled over on the exit ramp from Roswell Road North onto 1-285 West. The officer informed her that she had run a red light at the intersection. The officer asked for her driver's license. While she was searching for her license the officer asked her if she had worked at American Pie. She found her license and gave it to the officer. At this point the officer began to "flirt" with her. This made her uncomfortable. When asked for clarification as to what he said, the complainant states that the officer said she was hot and that he had seen her at American Pie. He also made a comment about her breasts and pulled at her shirt. The officer went to his car to check the complainant's license. When he returned, the officer kept her license cupped in his hand and did not return it. He told her that her license was not good. He then told- her that they needed to get out of the traffic. He told her to drive and he would flash his lights when he wanted her to pull over. The complainant complied. Once past Riverside drive, the officer pulled her over again. He came back to the car and was more aggressive. He leaned into the car and tried to kiss her. She leaned back away from him in an attempt to get away. The officer continued to tell her that she was hot. She said that she was nervous and wanted to smoke a cigarette. The officer continued to talk about her breasts and trying to kiss her.

The complainant asked the officer for his name and he replied "Alex". He asked where she live and she told him that she lived in Marietta near the "Big Chicken" He said that was far away. She told the officer that she had taken care of her previous traffic citations and that her license should be good. The officer continued to try to lean into the car but also would look around outside. The officer told her that they needed to move again. They moved to New Northside Drive where the officer stopped her at a red light. At this point she was nervous to the point of shaking. The officer told her that she did not pull over at the right place. He asked her if she knew where Olive's was. She told him that she did. He told her to go there. The complainant pulled into the entrance to Olives where there are street lights. The officer told her that they needed to go to the back. At some point during this time she called her boyfriend Manny. She told him that she was afraid and did not know what to do. She told Manny that she thought the officer wanted to do a field sobriety test because the officer told her that if any other officer pulled her over it would have been a DUI. The complainant said that while in the parking lot at Olives the officer tried to grab her face and make her kiss him. He also asked her if he could touch or see her breasts. (Investigator's note: At this point in the conversation the complainant became visibly upset to the point of crying.) The officer touched her on her breasts but never under her clothing. She attempted to tum away by going through her purse. At no time did she exit the car. The officer continued to reach into the car and asked her if they could go somewhere. She asked why and what he needed to do. The officer told her that she was lucky because any other officer would have given her a DUI. She told him to do a field sobriety. The complainant then said that she wanted to go and get some cigarettes. The complainant drove to the BP station at 5500 Northside Drive. The officer pulled to the back of the station. At this point her boyfriend called her and she told the boyfriend to do something. She went into the station and bought Cigarettes. She says that the officer had given back the license so that she could purchase them. She asked the clerk to call 911 for her because she did not want to go back outside. The clerk locked the doors of the station and had her come into the bullet proof cashier's area. The Officer did come into the BP station but left when she became upset. Review of Officer Alvarado's in car video I further viewed the in-car camera video from Officer Alvarado's vehicle covering the stop of the victim's vehicle on 01/08/08 and time stamped beginning at 00:22:11 hours. A copy of the video is included in the investigative file. Officer Alvarado is seen initiating a traffic stop on the ramp to 1285 westbound from Roswell Rd. Northbound. The victim is clearly seen running the redlight at said intersection just prior to Alvarado engaging his bluelights, thereby initiating

the stop. Officer Alvarado is seen on the video approaching the victim's drivers side door and speaking to the victim. Officer Alvarado failed to tum on his portable audio microphone (a violation of Sandy Springs Police Department Policy). Officer Alvarado is seen on video speaking to the victim for approx. four minutes and then walking back to his patrol vehicle with the victim's drivers license in his hand. Officer Alvarado is seated in his vehicle for approximately two minutes (presumably checking the status of the victim's drivers license information because the in-car computer can be heard responding to some kind of in-put over the in-car microphone) and is then seen walking back towards the victim at approx. 00:27 hours. Officer Alvarado is seen on the video at the victim's driver's door for approx. five additional minutes. During this time, Officer Alvarado is seen physically leaning into the victim's vehicle and the victim can be seen leaning over towards the middle of the vehicle. At one point in the video Officer Alvarado's flashlight can be seen inside the vehicle pointed in an awkward direction at an upward angle towards the victim's upper torso area. Officer Alvarado is seen lifting his head out of the vehicle and looking towards the direction of the rear of his patrol car. Officer Alvardo then turns and walks back towards the direction of his patrol car with what appears to be the victim's driver'S license still cupped in his right hand. Officer Alvarado then turns his emergency lights off and turns his in-car recorder off at approx. 00:32:05 hours. Officer Alvarado's demeanor progressively and drastically changes throughout the traffic stop. He goes from perfect officer safety on his initial approach to literally leaning into the vehicle with his upper torso towards the end. On 01/08/08 at approximately 17:00 hours, Lt. J. Player and Sgt. L. Joe videotaped a field test of the exact vehicle that Officer Alvarado had been driving at the time of the incident (Vehicle number 018). A copy of the test is included as a part of the investigative file.The field test was conducted in an attempt to find out if a certain part of the emergency lights could be activated without automatically starting the in-car recorder, thereby creating a taped incident. The test ultimately revealed that there was in fact a way to activate a portion of the emergency lights without starting the recorder. Interview of Sergeant Lindstrom On 01/08/08 at approx. 17:53 hours, Sgt. Lindstrom was interviewed by Lt. Fraker, Det. H. Jones, and Det. Cain at the police department. The interview was audio taped and a copy is attached to the investigative file. Sgt. Lindstrom indicated in his statement that he was initially called to the scene by Officer Alvarado via cell phone. Sgt. Lindstrom stated that Officer Alvarado initially stated that "I need you to come over here because I made a mistake". Sgt. Lindstrom stated that while he was initially unable to convince the victim to come out from behind the bullet proof enclosure inside the BP. he could smell an odor of an alcoholic beverage emitting from the victim's person.

Interview of Officer Martin On 01/08/08 at approx. 18:58 hours, Officer A. Martin was interviewed by the same three officers listed above at the police department. The interview was audio taped and a copy is attached to the investigative file. Officer Martin indicated that she was originally called to the scene by 8gt. Lindstrom for the purpose of direct interaction with a female on scene. Officer Martin stated that she was able to calm the victim down and get her to come out from behind the enclosure. Officer Martin stated that she could detect an odor of an alcoholic beverage emitting from the person of the victim, but due to the victim's control of her body, Officer Martin did not think that the victim would have been a D. U. I. Officer Martin checked the status of the victim's drivers license, following the victim stating that Officer Alvarado had informed her of her status showing suspended. Officer Martin stated that the victim's drivers license came back suspended, and following instructions from Sgt. Lindstrom, issued the victim a citation for driving on suspended license and allowed her to make a phone call to be picked up at the scene by a licensed driver, and released her vehicle to the same licensed driver. Interview of Officer Rausch On 01/08/08 at approx. 23:35 hours, Officer A. Rausch was interviewed at the police department by Det. Jones and Det. Cain. The interview was audio taped and a copy is attached to the investigative file. Officer Rausch indicated in his statement that he was originally dispatched to the BP Gas Station (same as incident listed above) by 911 Dispatch in reference to a report of a "54" (suspicious) subject. Officer Rausch further stated when questioned that the comments on the dispatch referenced "an hispanic male in a police shirt". Officer Rausch stated that he was cancelled from the call by Officer Alvarado approx. one minute after the original dispatch call. Officer Rausch stated that Officer Alvarado stated that Officer Rausch could disregard the call because he (Officer Alvarado) was currently on scene and would handle the call himself. Officer Rausch stated that he continued to the scene to back up Alvarado. Officer Rausch stated that once he arrived at the BP, Officer Alvarado was at the side of the BP and standing outside of his marked unit. Officer Rausch stated that Officer Alvarado was visibly nervous and requested that he go inside and attempt to speak to the victim. Officer Rausch stated that he went inside and tried to speak to the victim but was unable to calm her down, or pursuade her to come out from behind the bullet proof enclosure. Officer Rausch stated that he could detect an odor of an alcoholic beverage emitting from the person of the victim. Officer Rausch stated that he then saw 8gt. Lindstrom arrive on scene and he went back outside and stood by Officer Alvarado. Officer Rausch stated that he made small talk with Officer Alvarado. Officer Rausch stated that Officer Alvarado stated to him that the victim was a "30", meaning D.U.1. and that he

tried to give her a break by following (escorting) her outside of the city limits, but the victim made a u-tum just prior to exiting the city (at Olive's or Rays On The River Restaurant) and he pulled her over again to see what she was doing, and the victim told him that she wanted to buy some cigarettes. Officer Rausch also stated that he remembered Officer Alvarado intially stopping the victim, calling out the stop over the radio at Roswell Rd. and 1285.Officer Rausch stated that to his knowledge it was not a common practice ever used by anyone with the Sandy Springs Police Department to "escort" anyone suspected of D.U.I. or Driving on a Suspended License outside of the city limits. Incident time check On 01/09/08 at approx. 00:25 hours, Det. Jones and Det. Cain used Sgt. Lindstrom's marked patrol vehicle and in-car recorder. They proceeded to the westbound entrance ramp to 1285from Roswell Rd. (the same time and location where Officer Alvarado had conducted his traffic stop on our victim on the night before). Cain initiated the emergency lights, thereby starting the recorder, at approx. 00:30 hours. He turned the lights off, but left the recorder on, at approx. 00:32:05 hours (the exact time that Officer Alvarado had done the same on the previous night). They then proceeded to drive westbound on 1285and were followed by me in my city issued vehicle. Cain drove the exact route that the victim stated that she and Officer Alvarado drove on the previous night. The speed never got above 55 M.P.H. Cain stopped completely at two separate red lights (Northside and New Northside Dr.) before continuing to Rays On The River, which is the last business on Powers Ferry Rd. inside the city limits and past the entrance to Olive's Restaurant, prior to turning around. The time that it took to drive the route and stop at the BP station in question was a total of ten minutes. The time difference between Officer Alvarado's camera turning off in the vehicle (00:32) and the victim showing up on the camera entering the BP station (00:57) was twenty five minutes. In the worse possible scenario, this leaves a time gap of fifteen minutes that is unaccounted for by Officer Alvarado. The timed test was videotaped and a copy is included in the investigative file. Interview of Roberto Mancera Once at the BP station following the timed test, the clerk behind the counter (Mr. Roberto Mancera, 561 Hammond Drive Sandy Springs, Ga. 30328, DOB 06/07/1985, Tel. No. 404-397-8441; was interviewed. This is the same clerk who was present on the previous night when the 911 call was placed. The interview was audio taped. A copy of the recording is included in the investigative file. Det. Cain and Det. Jones were also present during the interview. The interview was conducted at approx. 00:45 hours. Mr. Mancera stated that the victim entered the store by herself and was visibly upset and crying. Mr. Mancera stated that he called 911 for the victim and then handed her the phone. Mr. Mancera stated that Officer Alvarado arrived soemtime between one to five

minutes later and the victim began to scream when she saw him. Mr. Mancera stated that the victim referred to Officer Alvarado as "Alex", but that he knew him personally by the name of Robert. It should be noted that Sgt. Lindstrom stated that Officer Alvarado also told him that he had given his name to the victim as "Alex", following a request from the victim for Officer Alvarado's name. Interview of Officer Alvarado Robert Alvarado was interviewed at 1039 hours on 1/1012007 in the Internal Affairs office of the Sandy Springs Police Department. He was informed of his rights under Garrity and signed a Garrity form. The interview was audio recorded. A copy of the recording is included as a part of this investigative file. During the interview, Alvarado stated that he made a traffic stop on the complainant at approximately 1230 hours on 1/812008. The audio on his MDVR was not working. He did not tell his supervisor about the problem. He ran the complainant's license and found that it was suspended. He did not issue the complainant a ticket nor did he arrest her. Instead He decided to give her a break and let her go. Alvarado said that he was going to follow the complainant to the City limits but she turned around. He activated his blue lights and stopped her again. He then followed her to the BP station. When he went inside to get a Mountain Dew, she was there on the phone. Alvarado chose to end the interview with the understanding that he would be terminated. He resigned his employment with the Sandy Springs Police Department.

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SANDY SPRINGS POLICE DEPARTMENT Complaint Information Form

Assigned to: Precinct/Unit ( ) I. A. ~ Date Received
118/08

Investigating Supervisor -=~~. __]'fc....!r..£,o-..!:::.:~!!...!e~r!........;-....;~:L.:<'L.__ \'..l_.._. . Administrative Inquiry # _ ____.IA~I",__~;;).:...:o~O.LJ.<gL-~o~o~)J::QJ!L_ __ Time Received 0120 hrs Employee Receiving Race White
Sgt. Lindstrom
_0_2/_22_/1_9_86 _

_J::L~~..:....

Complainant Jackson, Kesha Megan Address 831 Wanda Circle, Marietta, Ga. 30008 ________________ Employer Address If juvenile, parent or guardian name Address Home Telephone # Work Telephone Witnesses: (1) Name, Address

Sex Female

DOB

Home Telephone # _6_78_.8_9_1._77_67_{:....C.:__) Work Telephone # _77_0_.4_27_.9_0_6_o (If a student, list school attending)

_ _

_ _ ___

_

#
Home Telephone # Work Telephone #

_
_ _

(i) Name
Address

Home Telephone # Work Telephone #

_ _

Incident Location 1-285 West Ramp from Roswell Road Incident Time 2345-2400 hrs

Incident Date

_1/..:.'11_0_8

_

2007-000353 SEXUAL BATTERY 5500 NORTHSIDE DRIVE, SANDY SPRINGS, GA 30342 INCIDENT DATE 1/8/08 DETECTIVES CAIN AND JONES
THE SOURCES FOR THE GENERAL TIMELINE OF EVENTS: OFFICER'S ALVARADO, MARTIN, AND RAUSCH DAILY ACTIVITY REPORTS- INTERVIEWS FROM SGT. LlNDSTOM, MARTIN, AND RAUSCHTHE MDVR IN-CAR VIDEO FROM ALVARADO'S PARTOL VEHICLE THE RADIO TIMELINE IS FROM FULTON COUNTY CAD PRINTOUTS, THE RECORDING OF SANDY SPRINGS DISPATCH ON 1/8/08 FROM 0001 HOURS- 0300 HOURS, THE RECORDING OF THE 911 CALL FROM 5500 NORTHSIDE DRIVE

-

TIMELINE ON EVENTS
00:22:11 HOURS: OFF. ALVARADO (UNIT 9222- BADGE #55)- BLUE LIGHTS AND BEGINS TRAFFIC STOP ON SILVER NISSAN (GEORGIA TAG AXB 3521) ON ROSWELL RD/I-285 W RAMP: RED LIGHT VIOLATION

RADIO TIMELINE 00:23:10 HOURS: OFF ALVARADO BEGINS TRAFFIC STOP AT 1285AND ROSWELL RD 00:26:11 HOURS: RADIO CHECKS ON ALVARADO AND HE SAYS HE IS CODE 10(ok)
00:26:44 00:27:44 HOURS: GCIC RESULTS COMEBACK TO IN-CAR COMPUTER

HOURS: OFF. ALVARADO GETS OUT OF THE PATROL CAR TO APPROACH THE NISSAN AGAIN HOURS: KESHA JACKSON-LEANING TO MIDDLE AND FARSIDE OF HER VEHICLE AWAY FROM DRIVER'S WINDOWALVARADO LEANING INSIDE THE NISSAN- NO WIRELESS AUDIO ON DURING THE STOP OFF. ALVARADO BENT OVER AT WAIST LEANING INTO THE NISSAN WITH UPPER BODY

00:28:26

00:28 THRU 00:29:

00:31:54 HOURS: ALVARADO TURNS HEAD BACK AND LOOKS IN THE DIRECTION OF HIS PATROL CAR WITH DRIVER'S LICENSE IN HAND 00:32:05 HOURS: OFF. ALVARADO MDVR IN PATROL CAR- TURNS OFF LIGHTS AND

PAGE

1 OF 4

00:32.21 HOURS: OFF. ALVARADO PULLS IN SERVICE AS CODE 8(WARNING)
00:33 THRU 00:45 HOURS: OFF. ALVARADO DAILY ACTIVITY REPORT NOTES TRAFFIC STOP DURING THIS TIME @FRONT COUNTER OF BP STATION

00:57 HOURS: KESHA JACKSON

01:02:15 HOURS: OFF. ALVARADO STATES ON RADIO HE IS ENROUTE TO BACK-UP UNIT 9238 ON A (54) CALL WHERE 9238 WAS IN A FOOT PURSUIT 01:05:54 HOURS: OFF R. JOHNSON(9238) ASKS OFF. ALVARADO FOR GA TE CODE AT STONEBRIDGE AND ALVARADO DOESN'T KNOW IT
01:05 THRU 01:10 HOURS: OFF. ALVARADO DAILY ACTIVITY REPORT NOTES HE WAS DISPATCHED TO AN ALARM AT 01 :05 HOURS AT 5180 CHEMIN DE VIE AND CANCELLED FROM THE CALL AT 1:10 HOURS BY UNIT 9220(OFFICER MARTIN)· *****OFFICER MARTIN SAID SHE HAD NO KNOWLEDGE OF THIS CALL-NOT ON MARTIN (DAR)

01:06 HOURS: UNIFORMED

OFFICER@FRONTCOUNTEROF

BP STATION

01:06:02 HOURS: OFF. ALVARADO SAYS HE WILL BE ENROUTE TO 5180 ROSWELL RDICHENIN DE VIE ON A SIGNAL (2) ALARM CALL 01:06:28 HOURS: 911 CALL COMES IN FROM BP @ 5500 NORTHSIDE DRIVE FROM ROBERTO(GAS STATION ATTENDENT) AND KESHA JACKSON -FEMALE SA YS SOMEONE IS FOLLOWING HER -HIM WEARING A BLACK POLICE UNIFORM

01:09:21 HOURS: OFFICER ALVARADO

@FRONT

COUNTER

OF BP STATION

01:10 THRU 02:30 HOURS:

OFF. ALVARADO DAILY ACTIVITY RPT SHOWS A (39-INFO FOR OFFICERS) AT THE BP

01:11 HOURS: OFF. ALVARADO SPEAKS WITH THE 911 CALL TAKER FROM THE BP STATION- SAYS HE WILL FIND OUT WHA T IS GOING ON- "SHE IS SA YING I MOLESTED HER? I DON'T THINK SO."

PAGE 2 OF 4

01:11:26 HOURS: UNITS 9226 AND 9224(RAUSCH) WERE DISPA TCHED TO THE (54) CALL AT THE BP

01:11 HOURS: OFF. RAUSCH DISPATCHED TO THE BP(5500 NORTHSIDE REGARDING A SIGNAL (54- SUSPICIOUS PERSON)

DR)

01:11 HOURS: OFFICER ALVARADO CALLED SGT LINDSTROM ON HIS CELL PHONE ASKING FOR SGT. LINDSTROM TO COME TO THE BP

01:12:54 HOURS: OFF. ALVARADO TELLS DISPATCH TO HOLD THE SIGNAL (2) AT CHEMIN DE VIE- HE IS ON SCENE AT THE BP(5500 NORTHSIDE DR)
01:12:57 HOURS: MARKED PATROL UNIT! SGT LINDSTROM ARRIVES IN BP PARKING LOT- LINDSTROM SAID OFF RAUSCH WAS THERE WHEN HE ARRIVED AT THE BP- LINDSTROM SAID IN INTERVIEW HE WAS ON SCENE BEFORE HE CALLED OUT ON RADIO

01:13:31 HOURS: UNIT 9222(ALVARADO) CANCELLED UNITS ENROUTE TO THE BP-AL VARADO SAYS HE IS ON SCENE- 9212 HAS BEEN NOTIFIED AND IS ENROUTE

01:16 HOURS: OFF. RAUSCH DAILY ACTIVITY RPT- SHOWS HE ARRIVED AND CLEARED THE LOCATION AT 02:36 HOURS

AT BP

01 :36:45 HOURS: RADIO CAD LOG SHOWS 9212(LlNDSTROM) ON SCENE 01 :43:21 HOURS: RADIO CAD LOG SHOWS 9224 (RAUSCH) ON SCENE

01:45 HOURS:

OFF. MARTIN- DAILY ACTIVITY RPT- EN ROUTE TO BP AT 01:45 HOURS-ARRIVAL AT BP 01:48 HOURS- CLEARED LOCATION AT 04:00 HOURS REQUESTED MARTIN

01:46 HOURS: SGT. L1NDSTROM- ON TAC CHANNELTO MEET AT THE BP

01 :46:13 HOURS: RADIO CAD LOG SHOWS 9220(MARTIN) ENROUTE TO THE BP 01:57:48 HOURS: RADIO CAD LOG SHOW 9254(J. HEAD) ENROUTE TO THE BP

PAGE 3 OF 4

01 :59 HOURS: UNIT 9220 IS ON SCENE AT THE BP AND
CONDUCTS A DRIVER'S LICENSE QUERY ON KESHA JACKSON- SUSPENDED

01:49 HOURS: KESHA JACKSON EXITS THE BULLET PROOF CASHIER'S BOX 02:24:30 HOURS: RADIO CAD SHOWS 9220 ON SCENE AT BP 02:27:58 HOURS: UNIT 9222(ALVARADO) CLEARS THE SCENE A T THE BP AND SHOWS CODE 9 TO 9220 02:29:05 HOURS: UNIT 9220 PULLS CASE #2007-000353 02:35 THRU 04:23 HOURS: UNITS 9224, 9254, 9220, AND 9212 CLEAR THE SCENE

PAGE40F4

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FULTON COUNTY

EMERGENCY SERVICES DEPARTMENT 130 Peachtree Street, S.W. Suite 3147 Atlanta, Georgia 30303 Phone: (404)-730-7900 Fax: (404)- 893-6519

FAX INFORMATION SHEET
DATE:

J.M~10 Z008

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If you did not receive all of the pages or need assistance, please

call (404)-730-7917, Hoyt Duncan. 130 Peachtree Street, S.W., Suite 3147, Atlanta, Georgia 30303 Telephone: (404)-730-7900 Fax: (404)-893-6519

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Sandy Springs Police Department
Supplementary Investigation Report

OR!: GA0605600 INCIDENT: Sexual BatteryNiolation
Imprisonment Oath Of Office/False

CASE NUMBER: 2008-000353

INCIDENT DATE: 01-08-08

LOCATION: 5500 Northside Drive, Sandy Springs, Fulton County, Ga. VICTIM: Jackson, Kesha Megan NARRATIVE: On 01/08/08 at approximately 14:00 hours, I was contacted at home by my supervisor Lt. B. Humble (Sandy Springs P. D.). Lt. Humble stated that I needed to come in as soon as I could to conduct a criminal investigation into an incident that had occurred earlier this same date, involving Sandy Springs Police Officer R. Alvarado (Robert Alvarado, 2309 Vineyard Ct., Villa Rica, Ga. 30180, DOB 02/07/1968, SSN 459-552711, Badge Number 055).

I arrived at the police department at approximately 16:00 hours. Once at the station, I was given the attached incident report involving the allegations. Lt. Humble also had the videotape from the BP Gas Station (located at the above listed incident location) that shows the victim and Officer Alvarado at the location. The video shows that the victim arrived at the BP at approx. 00:57 hours (BP video time stamp was shown to be one hour fast due to daylight savings) and Officer Alvarado was seen on the video tape at 01 :05 hours. The victim was seen on the tape to be behind the enclosed bullet proof glass area and actively talking on the phone. Officer Alvarado was seen first to be at the front counter area and then later walking around inside the location before leaving the sight of the camera. A copy of the BP video is attached hereto. I further viewed the in-car camera video from Officer Alvarado's vehicle covering the stop of the victim's vehicle on 01/08/08 and time stamped beginning at 00:22: 11 hours. Officer Alvarado is seen initiating a traffic stop on the ramp to 1285westbound from Roswell Rd. Northbound. The victim is clearly seen running the redlight at said intersection just prior to Alvarado engaging his bluelights, thereby initiating the stop. Officer Alvarado is seen on the video approaching the victim's driver's side door and speaking to the victim. Officer Alvarado failed to initiate his portable audio microphone (a violation of Sandy Springs Police Department Policy). Officer Alvarado is seen on video speaking to the victim for approx. four minutes and then walking back to his patrol vehicle with the victim's drivers license in his hand. Officer Alvarado is seated in his vehicle for approximately two minutes (presumably checking the status of the victim's drivers license information because the in-car computer can be heard responding to some kind of in-put over the in-car microphone) and is then seen walking back towards the victim at approx. 00:27 hours. Officer Alvarado is seen on the video at the victim's driver's door for approx. five additional minutes. During this time, Officer Alvarado is seen physically leaning into the victim's vehicle and the victim can be seen leaning way over towards the middle of the vehicle (as if subconciously maintaining her personal space). At one point in the video Officer Alvarado's flashlight can be seen inside the vehicle pointed in an awkward direction at an upward angle towards the victim's upper torso area. Officer Alvarado is seen lifting his head out of the vehicle and looking towards the direction of the rear of his patrol car (as if to see if anyone has arrived on scene to back him up). Officer Alvardo then turns and walks back towards the direction of his patrol car with what appears to be the victim's driver's license still cupped in his right hand. Officer Alvarado then turns his emergency lights off and turns his in-car recorder off at approx. 00:32:05 hours. Officer Alvarado's demeanor progressively and drastically changes throughout the traffic stop. He goes from perfect officer safety on his initial

standardized cid supplementary investigation report frev. 2002

S andy Springs Police Departmen t
Supplementary Investigation Report
OR!: GA0330400 INDEX NUMBER: CASE NUMBER: 2008-000353

approach to literally leaning into the vehicle with his upper torso towards the end. A copy of the video is attached hereto. I then reviewed the victim's hand-written statement of the incident and listened to the victim's interview. The victim was interviewed at her residence by Det. H. Jones and Lt. J. Fraker at approx. 13:00 hours on this same date. The victim's written statement and her verbal statement are consistent with the pertinent details of her complaint. The victim stated that she was pulled over four separate times by Officer Alvarado (five if you include him following her to the BP station). All four times Officer Alvarado engaged some portion of his emergency blue lights to signal the victim when he wanted her to pull over. The victim stated that Officer Alvarado maintained possession of her driver's license following the initial stop (at Roswell Rd. and 1285) and only gave them back to her when she convinced him that she wanted to go to the BP store to purchase some cigarettes (following the fourth stop at Olives Restaurant on Powers Ferry Rd., referred to as Akers Mill Rd. in the victim's statement). The victim stated that Officer Alvarado touched her on her breasts, inside her shirt but on the outside of her bra. She stated that Officer Alvarado tried to go on the inside of her bra. but she was able to avoid letting him get to her bare breasts. The victim stated that Officer Alvarado kissed her against her will by physically grabbing her face and turning her head towards his. The victim stated that Officer Alvarado touched her on the lower part of her torso area of her body, but stated that he never went below her waist. The victim stated that Officer Alvarado asked her if he could see her breasts and vagina, but she refused. The victim stated that Officer Alvarado made repeated comments to her about how "hot" he thought she was and how "pretty" her breasts were. The victim stated that Officer Alvarado made numerous comments to her about how "lucky" she was that another police officer had not pulled her over because she would have been given a D.U.1. and arrested for having a suspended drivers license (implying that she needed to reward him for giving her a break). A copy of both the victim's written and verbal statements are attached hereto. On 01/08/08 at approximately 17:00 hours, Lt. J. Player and Sgt. L. Joe videotaped a field test of the exact vehicle that Officer Alvarado had been driving at the time of the incident (Vehicle number 018). The field test was conducted in an attempt to find out if a certain part of the emergency lights could be activated without automatically starting the in-car recorder, thereby creating a taped incident. The test ultimately revealed that there was in fact a way to activate a portion of the emergency lights without starting the recorder. A copy of the test is attached hereto. On 01/08/08 at approx. 17:53 hours, Sg1. Lindstrom was interviewed by Lt. Fraker, Det. H. Jones, and myself at the police department. Sgt. Lindstrom indicated in his statement that he was initially called to the scene by Officer Alvarado via cell phone. Sg1. Lindstrom stated that Officer Alvarado initially stated that "I need you to come over here because I made a mistake". Sg1. Lindstrom stated that while he was initially unable to convince the victim to come out from behind the bullet proof enclosure inside the BP, he could smell an odor of an alcoholic beverage emitting from the victim's person (the interview was taped and a copy is hereby attached). On 01/08/08 at approx. 18:58 hours, Officer A. Martin was interviewed by the same three officers listed above at the police department. Officer Martin indicated that she was originally called to the scene by Sgt. Lindstrom for the purpose of direct interaction with a female on scene. Officer Martin stated that she was able to calm the victim down and get her to come out from behind the enclosure. Officer Martin stated that she could detect an odor of an alcoholic beverage emitting from the person of the victim, but due to the victim's control of her body, Officer Martin did not think that the victim would have been a D. U. I. Officer Martin checked the status of the victim's drivers license, following the victim stating that Officer Alvarado had informed her of her status showing suspended.

standardized cid supplementary investigation report

Page

-2-

~

S andy Springs Police Departmer t
Supplementary Investigation Report

ORI: GA0330400

INDEX NUMBER:

CASE NUMBER: 2008-000353

Officer Martin stated that the victim's drivers license came back suspended, and following instructions from Sgt. Lindstrom, issued the victim a citation for driving on suspended license and allowed her to make a phone call to be picked up at the scene by a licensed driver, and released her vehicle to the same licensed driver (the interview was taped and is attached hereto). On 01/08/08 at approx. 23:35 hours, Officer A. Rausch was interviewed at the police department by Det. Jones and myself. Officer Rausch indicated in his statement that he was originally dispatched to the BP Gas Station (same as incident listed above) by 911 Dispatch in reference to a report of a "54" (suspicious) subject. Officer Rausch further stated when questioned that the comments on the dispatch referenced "an hispanic male in a police shirt". Officer Rausch stated that he was cancelled from the call by Officer Alvarado approx. one minute after the original dispatch call. Officer Rausch stated that Officer Alvarado stated that Officer Rausch could disregard the call because he (Officer Alvarado) was currently on scene and would handle the call himself. Officer Rausch stated that he continued to the scene to back up Alvarado. Officer Rausch stated that once he arrived at the BP, Officer Alvarado was at the side of the BP and standing outside of his marked unit. Officer Rausch stated that Officer Alvarado was visibly nervous and requested that he go inside and attempt to speak to the victim. Officer Rausch stated that he went inside and tried to speak to the victim but was unable to calm her down, or pursuade her to come out from behind the bullet proof enclosure. Officer Rausch stated that he could detect an odor of an alcoholic beverage emitting from the person of the victim. Officer Rausch stated that he then saw Sgt. Lindstrom arrive on scene and he went back outside and stood by Officer Alvarado. Officer Rausch stated that he made small talk with Officer Alvarado. Officer Rausch stated that Officer Alvarado stated to him that the victim was a "30", meaning D.U.1. and that he tried to give her a break by following (escorting) her outside of the city limits, but the victim made a u-turn just prior to exiting the city (at Olive's or Rays On The River Restaurant) and he pulled her over again to see what she was doing, and the victim told him that she wanted to buy some cigarettes. Officer Rausch also stated that he remembered Officer Alvarado intially stopping the victim, calling out the stop over the radio at Roswell Rd. and 1285. Officer Rausch stated that to his knowledge it was not a common practice ever used by anyone with the Sandy Springs Police Department to "escort" anyone suspected ofD.U.1. or Driving on a Suspended License outside of the city limits (the interview was taped and a copy is attached hereto). On 01/09/08 at approx. 00:25 hours, Det. Jones and I borrowed Sgt. Lindstrom's marked patrol vehicle and in-car recorder. We proceeded to the westbound entrance ramp to 1285 from Roswell Rd. (the same time and location Where Officer Alvarado had conducted his traffic stop on our victim on the night before). I initiated the emergency lights, thereby starting the recorder, at approx. 00:30 hours. I turned the lights off, but left the recorder on, at approx. 00:32:05 hours (the exact time that Officer Alvarado had done the same on the previous night). I then proceeded to drive westbound on 1285 and was followed by Lt. Fraker who was in his city issued vehicle. 1drove the exact route that the victim stated that she and Officer Alvarado drove on the previous night. 1never got above 55 M.P.H. It was raining very hard (it was not raining at all on the previous night) and I even stopped completely at two separate red lights (Northside and New Northside Dr.). I drove all the way down to Rays On The River, which is the last business on Powers Ferry Rd. inside the city limits and past the entrance to Olive's Restaurant, prior to turning around. The time that it took to drive the route and stop at the BP station in question was a total of ten minutes (the timed test was videotaped and is attached hereto). The time difference between Officer Alvarado's camera turning off in the vehicle (00:32) and the victim showing up on the camera entering the BP station (00:57) was twenty five minutes. In the worse possible scenario, this leaves a time gap of fifteen minutes that is unaccounted for by Officer Alvarado.

standardized cid supplementary investigation report

Page

-3-~

S andy Springs Police Departmer t
Supplementary Investigation Report

ORI: GA0330400

INDEX NUMBER:

CASE NUMBER: 2008-000353

Once at the BP station following the timed test, I interviewed the clerk behind the counter (Mr. Roberto Mancera, 561 Hammond Drive Sandy Springs, Ga. 30328, DOB 06/07/1985, Tel. No. 404-397-8441; the same clerk who was present on the previous night when the 911 call was placed). Lt. Fraker and Det. Jones were also present during the interview. The interview was conducted at approx. 00:45 hours. Mr. Mancera stated that the victim entered the store by herself and was visibly upset and crying. Mr. Mancera stated that he called 911 for the victim and then handed her the phone. Mr. Mancera stated that Officer Alvarado arrived soemtime between one to five minutes later and the victim began to scream when she saw him. Mr. Mancera stated that the victim referred to Officer Alvarado as "Alex", but that he knew him personally by the name of Robert. It should be noted that Sgt. Lindstrom stated that Officer Alvarado also told him that he had given his name to the victim as "Alex", following a request from the victim for Officer Alvarado's name (also a violation of Sandy Springs Police Department Policy). The victim also stated the same. It is also commonly known amongst numerous officers at the Sandy Springs Police Department that Officer Alvarado would regularly use the name of Alex while working in undercover capacities. On 01/10/08 at approx. 09:00 hours, I met with' Sandy Springs Police Department G. C. I. C. T.A.C. Claudette Black and requested a printout of Officer Alvarado's in-car G. C. I. C. terminal results stemming from his traffic stop involving the victim listed above. Claudette forwarded me the e-mail results from this inquiry that she received from the G. B. I. a short time later. The results showed that Officer Alvarado knew per the in-car terminal at approx. 00:29:36 that the victim's license were suspended (a copy of the printout is attached hereto). On 01/10108 at approx. 10:30 hours, Officer Alvarado reported to the Sandy Springs Police Department per Lt. Fraker's request. Once at the police department, Lt. Fraker escorted Officer Alvarado back to the Criminal Investigations Unit. I escorted Officer Alvarado into the C. I. U. interview room from that point. Det. Jones and I then went into the interview room and attempted to speak to Officer Alvarado. I advised Officer Alvarado of his Miranda Rights and he immediately invoked his right to counsel. The interview was then terminated and Officer Alvarado was escorted away from the C. I. U. section of the building by Lt. Fraker. On 01/10108 at approx. 13: 15 hours, Det. Jones and I picked up copies of the radio and written logs from 911 dispatch covering a time period of 01/08/08 from 00:01 hours through 03:00 hours. 911 Dispatch also provided us with a copy of the 911 call that was placed by the victim. Det. Jones and I listened to the tapes at the police department. The radio dispatch tape revealed that at approx. 01 :01 :28 hours, unit number 9238 (Officer R. Johnson) called out on a signal 54 (suspicious person) who fled the scene upon seeing 9238 at 5701 Roswell Rd. 9238 further stated that he saw the subject flee on foot into the Stonebridge Apartments on Roswell Rd. At approx. 01:02:15 hours, Officer Alvarado (unit 9222) is heard stating "I am in route to back up 9238; 9238 where do you need me?; Are you in Stonebridge or the Mission?; Is it a 54 or what you got?; I will keep my eyes open ok?" At approx. 01 :04:32 hours, unit number 9256 is dispatched to an alarm call at 5180 Roswell Rd. @ Chemin De Vie (John Hardy Group). At approx. 01:06:02 hours, Officer Alvarado is heard stating "cancel that unit in route to the alarm across from Chemin De Vie, I'll pick it up". Sometime between 01 :06 and the next stated time (traffic not time stamped by dispatch) Officer Alvarado is heard being asked by 9224 if he knew the gate code to a specific gate located inside Stonebridge Apartments, to which Officer Alvarado stated three separate times (the last two of which you can hear a nervous edge to his voice) that he did not know the code. At approx. 01 :11 hours Officer Alvarado is heard calling unit 9212 (Sgt. Lindstrom) to Tac (channel 2) and telling him to "stand by for a cali", to which 9212 is heard stating "call me on the 678 number". At approx. 01 :11 :26 hours, units 9224 (Officer A. Rausch) and 9226 (Officer M. Lockett) were dispatched to 5500 Northside Drive (The BP Gas Station listed above) in reference to a "54 subject, hispanic male dressed in a black police uniform following her". At approx.

standardized cid supplementary investigation report

Page

-4-

oJ6

5 andy Springs Police Departmer t
Supplementary Investigation Report

ORI: GA0330400

INDEX NUMBER:

CASE NUMBER:

2008-000353

01 :12:40 hours, unit 9238 is heard stating that he would be in route with unit 9224 and radio could cancel unit 9226, and at that point unit 9226 is cancelled from the call. At approx. 01:13:31 hours, Officer Alvarado is heard stating "Hold the 2 (meaning alarm call at 5180 Roswell Rd.) I am out on a 39 (meaning flag down information for officer) at 5500 Northside Drive". At Approx. 01: 13:32 Officer Alvarado is heard stating "Radio cancel the units in route to 5500 Northside Drive, 9212 is clear and is in route". At approx. 01:13:35 hours, Sgt Lindstrom is shown on the logsheet as being in route to 5500 Northside Drive. .
The tape of the 911 call began at 01 :06:28 hours. The call reveals the victim stating that she had been followed, pulled over several times, and molested by a police officer. The victim states at one point that the perpetrator was there at the scene and was about to pick up the phone and speak to the dispatcher. At approx. 01 :11 hours, Officer Alvarado is heard on the phone stating "hello", to which the dispatcher is heard stating "who is this?". Officer Alvarado then identifies himself by saying "Officer Alvarado, 9222". The dispatcher is then heard stating "she is saying that you are harrassing her and molested her". Officer Alvarado is then heard stating "1 molested her?; I don't think so"; I will find out what is going on and get back to you." The CAD logsheet and radio traffic would later show that 9254 (Officer J. Head) was dispatched to 5500 Northside Drive by Officer Alvarado, (at Sgt lindstrom's request) but was never heard or shown arriving on scene. I was able to determine after speakinq to Sgt Lindstrom by phone that he cancelled Officer Head via Officer Alvarado and Officer Head never made contact with the victim nor the scene. It should be noted that Officer Alvarado is seen on the in-store video camera at approx. 01 :06 hours, while according to the radio traffic and CAD logsheet, he is simultaneously supposed to be in route to back up an officer in a foot chase at 5701 Roswell Rd. and in route to a business alarm at 5180 Roswell Rd. Officer Alvarado's Daily Activity Report (DAR) for the night in question shows that he was on his traffic stop (at 1285 & Roswell Rd.) from 00:33 through 00:45, which he shows a status of code 8, (meaning that he issued a warning to the driver at the end of his stop and he was now back in service and available for calls)even though Officer Alvarado is clearly seen on video holding the victim's drivers license in his hand shortly before ending the stop. Officer Alvarado's D. A. R. shows that he was at an alarm call between 01:05 and 01:10 hours (at 5180 Roswell Rd.) until he was cancelled from the call by 9220 (Officer A. Martin). There is never any radio traffic nor mention by Officer Martin on her D. A. R referencing this call.

On 01/10/08 at approx. 15:30 hours I was provided with a copy of an undercover "fake identification card" that Officer Alvarado had been provided with by the department while he was assigned to the narcotics unit The name on the undercover identification card is Alex Garcia. A copy of the undercover identification card is attached hereto.

CASE STATUS: Cleared By Arrest REPORT BY: Det. BenJie Cain

DATE: 01-10-08

1j/U(_

APPROVED BY:

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standardized cid supplementary investigation report

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SUPERIOR COURT OF FULTON COUNTY, GEORGIA. AFFIDAVIT FOR ARREST
(Ga. Code Ann. 17-4-45)
Personally came Detective B. Cain, who on oath says that to the best of his/her knowledge and belief Robert Alvarado (hereinafter called the accused) did at 12:45 A.M.on the 8th day of January, 2008, in the county aforesaid, commit the offense of~ Imprisonment, in that said accused did in violation of the personal liberty of another (Ms. Kesha Megan Jackson, DOB 02/22/1986, a white female), detain such person without legal authority, bZ conducting four consecutive traffic stops of the victim and maintaing Pzsical control of her driver's license after the first traffic stop, therebz implying to the victim that she was not free to go and this deponent makes this affidavit that a warrant may issue for his/her arrest.

Sworn to and subscribed before me, this

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JUDGE, IMHelfAL COURT OF SAal;; 9i ItiliNGB Fu L rCl4) cpunf-..,

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STATE WARRANT

FOR ARREST
or Marshal of said State GREETING: (as authorized by Acts

(Ga. Code Ann. 17-4-46)
To any Sheriff, Deputy Sheriff, Coroner, Constable 1922, p. 207), you are therefore commanded the foregoing affidavit,

For sufficient causes made known to the Deputy Clerk of this Court charged with the offense of: False Imprisonment as the law directs, HEREIN FAIL NOT.

to arrest the body of the said accused named in (O.C.G.A. 16-5-41),

and bring him/her before me or some other judicial officer of this State, to be dealt with

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CRIMINAL WARRANT SUPERIOR COURT OF FULTON COUNTY, AFFIDAVIT GEORGIA.

FOR ARREST

(Ga. Code Ann. 17-4-45)
Personally came Detective B. Cain, who on oath says that to the best of his/her knowledge and belief Robert Alvarado (hereinafter called the accused) did at 12:45 A.M.on the 8th day of January, 2008, in the county aforesaid, commit the offense of Violation of Oath by public officer, in that said accused did willfully and intentionally violate the terms of his oath as a peace officer by committing the crime of sexual battery against a female (Kesha Megan Jackson DOB 02/22/1986) during a traffic stop, and did so in the expectancy of favor for no arresting same and this deponent makes this affidavit that a warrant may issue for his/her arrest.

Sworn to and subscribed before me, this

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STATE WARRANT FOR ARREST
(Ga. Code Ann. 17-4-46)
To any Sheriff, Deputy Sheriff, Coroner, Constable or Marshal of said State GREETING: (as authorized by Acts

For sufficient causes made known to the Deputy Clerk of this Court 1922, p. 207), you are therefore commanded Violation as the law directs, HEREIN FAIL NOT. the foregoing affidavit, charged with the offense of: of Oath by public officer

to arrest the body of the said accused named in (O.C.G.A. 16-10-1),

and bring him/her before me or some other judicial officer of this State, to be dealt with

JUDGE, SUP

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CRIMINAL WARRANT SUPERIOR COURT OF FULTON COUNTY, GEORGIA. AFFIDAVIT FOR ARREST
(Ga. Code Ann. 17-4-45)
Personally came Detective B. Cain, who on oath says that to the best of his/her knowledge and belief Robert Alvarado (hereinafter called the accused) did at 12:45 A.M.on the 8th day of January, 2008, in the county aforesaid, commit the offense of Sexual Battery, in that said accused did intentionally make physical contact with the intimate parts (breasts) of Ms. Kesha Megan Jackson (W/F, DeB 02/22/1986, 831 Wanda Circle Marietta, Ga. 30008) without her consent,the said offense occurring on 1285 W/B near Riverside Drive in Sandy Springs, Fulton County, Georgia, while Ms. Jackson was pulled over to the right shoulder of the roadway during a traffic stop initiated by Officer Robert Alvarado and this deponent makes this affidavit that a warrant may issue for his/her arrest.

Sworn to and subscribed before me,

Prosecutor

STATE WARRANT

FOR ARREST

(Ga. Code Ann. 17-4-46)
To any Sheriff, Deputy Sheriff, Coroner, Constable or Marshal of said State GREETING: For sufficient causes made known to the Deputy Clerk of this Court the foregoing affidavit, charged with the offense of: Sexual Battery as the law directs, HEREIN FAIL NOT. This (O.C.G.A. 16-6-22.1) , (as authorized by Acts 1922, p. 207), you are therefore commanded to arrest the body of the said accused named in

and bring him/her before me or some other judicial officer of this State, to be dealt with

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