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SWORN STATEMENT OF GERALD KITCHELL APRIL 20, 2012 GERALD KITCHELL having been first duly sworn testifies as follows: MR. TORRENS: 2012. Today is Friday, April 20, I am

It is approximately 10:57 a.m.

Sergeant Ed Torrens, internal affairs investigator for the Miami-Dade Schools Police Department. Also present is Detective Alicia

Neal, internal affairs investigator for the Miami-Dade Schools Police Department. Kitchell please sir, would you read the affidavit into the record? THE WITNESS: I, Gerald Kitchell, being Major

fully duly sworn hereby state that my name is Gerald Kitchell. I reside and work at 6100 My date

Northwest 2nd Avenue, Miami, Florida. of birth is 11-9-60. 305-757-7708.

My contact number is

I'm making the following

statement to Detective Alicia Neal and Sergeant Edward Torrens who has identified himself and her -- themselves as internal affairs investigator for the Miami-Dade Schools Police Department, State of Florida, in connection with case number IA number 12-001, 002, 003,
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005 and 006.

I'm of sound mind and I am not

under the influence of drugs or alcohol at this time. I understand that giving false

information in this statement is in violation of Florida statute 837.05, false reports to law enforcement and authorities punishable as a misdemeanor of the first degree and 837.06, making false official statements punishable as a misdemeanor of the second degree. MR. TORRENS: affidavit sir? THE WITNESS: MR. TORRENS: as a witness. Yes I did. Okay, and I will sign it now And did you sign the

Major Kitchell, are you

appearing here today without any promises and without any promises or duress -THE WITNESS: MR. TORRENS: Yes. -- to provide information in

an investigation being conducted by the Miami-Dade Schools Police Department? THE WITNESS: MR. TORRENS: Yes. Are you aware that your

conversation with us is being recorded? THE WITNESS: MR. TORRENS: Yes. Are you aware that anything
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you say may or may not be used at a departmental hearing or in a court of law? THE WITNESS: Yes.

DIRECT EXAMINATION Q (By Mr. Torrens) Okay, thank you sir.

Major Kitchell we are here today to get your information regarding -- we have two reports that involved T.M. and there's indication, there's actually a report -- where actually both of you had them printed out. review the -A Q Yes. Okay, they're -- one was on March 21, 2012 Have you had an opportunity to

and the second was on March 22, 2012. A Q Correct. Okay sir, can you elaborate why you had What was the purpose,

these reports printed out? what was the -A

On March 21 around 12:00 that afternoon

Chief Hurley called me into his office and advised me that the -- he needed me to research several things on T.M. superintendent. He needed to brief the So he asked me to start looking

into his case management to find out if he was suspended, if we ever wrote any reports, did we ever
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arrest this student, and he wanted it pretty quickly. So I came into my office and I called Ms.

Baglos first from -- she's a principal at Krop Senior. And I spoke to her -- actually she didn't

know who I was so she confirmed it by calling me back shortly after and I spoke to her. I asked her

you know, about his case management and she said that he was recently suspended and that's one of the reasons why he was out of town, he was suspended. It was for a possession of tobacco products and she said also he was suspended previously for something in October, I believe, of 2011 for vandalism and that time she didn't really have much more information and that was the end of our conversation. I then started researching the

reports and I found -- well I basically, I ended up speaking to Officer Dunn, I believe, because he's the one that's the officer at the school, the SRO and he's dealt with this student and he's the one that wrote both of these reports. So he informed me

of the two reports and -- because I could not find the one that he was suspended under and he informed me that was a found property so that's the one case that I pulled up that day. I got the information The next day
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that I needed and I briefed the chief.

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I guess he -- the chief wanted to see the report on the criminal mischief and I printed that report and I gave it to the chief so that he could have that one. Q Okay sir, did you speak to anyone else Anyone from the

regarding the information on T.M.? field besides Darryl Dunn? A

On the 21st I think I first -- I think I

first contacted Lieutenant Ramirez to go through the chain of command. I spoke to him and I asked him He didn't know,

did he know anything about it.

really have knowledge of anything on this child or any reports written so I asked him to get in touch with Officer Dunn and I think he called me back and I told him just have Officer Dunn, I would contact him personally and just try to get first hand information on what was going on. Q Okay sir. Okay sir. Is there anything

that I may have failed to ask you that you would like to add to this statement? A Q Not that I can think of. Okay are there any other persons who are

witnesses to the alleged act? A Q No. Okay, has everything you said been the
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truth to the best of your knowledge? A Q Yes it is. Okay, this concludes the statement. Thank you Major It is

now approximately 11:03 a.m. Kitchell.

(Thereupon a short break was taken.) MR. TORRENS: record. Okay, we're back on the

Today is Friday, April 20, 2012.

We're here with Major Kitchell. Q sir. (By Mr. Torrens) Just one more question

And let me remind you, you're still sworn

under oath. A Q I understand. Okay, Major Kitchell regarding the report,

did you disseminate the report other than -- to any other person other than the chief? A police. Q A Q The chief of police himself? Yes. Okay, have you spoken with anybody in the I only gave the reports to the chief of

media, any media personnel? A Q No. Has any member of the media ever tried to

contact you?
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A Q

Never. Never. Has any member -- any other law

enforcement agency attempted to contact you in reference to this case? A The only thing that I know, no other What has

agency has contacted me personally.

happened, I believe, on a Friday -- the day of demonstrations I got a call from Sergeant Tagle who told me that he got contacted by FDLE because they were looking for anything on T.M., any reports. And

I was -- and he advised me of that to tell the chief and he told me that he did not release -- you know, he told them he couldn't give them any information and that he forwarded that information to that investigator to the chief of police and he was asking me to just advise him. And later that day I

did advise the chief who did get a call from FDLE, I can confirm that. Q A Q Okay. And that's the only thing. Okay, did by chance Sergeant Tagle get the

name of the person? A Q A No I never received the name. Just the agency? Yes.
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Q A Q statement. statement.

Not the name of the person? Correct. Okay, all right sir this concludes the It is now -- or the addendum to the It is now approximately 11:06 a.m.

Thank you sir. (Sworn statement concluded at 11:06 a.m.)

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