An ongoing legal debacle in Tampa has resulted in 12 people having their drunk driving charges dropped. The cases were dropped because all relied on the same arresting officer as a critical component of the case. Because Tampa police DUI Sgt. Ray Fernandez had just been fired and accused of lying, destroying evidence and engaging in a DUI setup scheme, prosecutors felt they had no choice but to drop all the open cases involving Fernandez.
Local news reports have swirled with stories about the case for months and an investigation into the matter appears to have made progress in uncovering what really happened. Fernandez was a 19-year veteran of the local police force when he was fired late last month after an internal investigation revealed that he abused his authority in participating in a DUI entrapment scheme.
The state attorney’s office for Hillsborough County says that because Fernandez has been found to be an unreliable witness, the pending DUI prosecutions could not move forward. Fernandez acted as the “stop officer” in those cases, meaning he was the one who made the traffic stops that led to the arrests. Officials with the prosecutor’s office say that allowing Fernandez to testify in those cases would have been irresponsible given the recent revelations. The State Attorney’s Office has also revealed that it is reviewing Fernandez’s role in dozens of other drunk driving cases dating back more than a decade.
The recent DUI setup scam unraveled following the arrest of a prominent local attorney, Philip Campbell. Campbell was arrested in January of this year while embroiled in a nasty defamation case. Campbell was representing a popular radio personality, Todd Schnitt, who had sued a rival radio shock jock, Bubba the Love Sponge.
One night late in January, Campbell was at a popular bar in downtown Tampa when a paralegal for the law firm that was representing Bubba the Love Sponge happened to appear. The paralegal, recognizing Campbell, called her boss and began texting other attorneys with her firm, Adams & Diaco. The paralegal then sat next to Campbell and lied about where she worked, going on to order drinks for the man.
An investigation revealed that while the paralegal was pouring drinks into Campbell an attorney with her firm was exchange at least 90 text messages with Sgt. Fernandez. Coincidentally (or not), Campbell was arrested by Fernandez a short time later while driving the paralegal’s vehicle away from the bar. Despite the abundance of evidence revealing inappropriate conduct, Fernandez claims that he was simply following up on a tip about a drunk driver and that no setup occurred.
Sadly, DUI setup cases have appeared in the news several times this year. Only a few months ago an investigation began about similarly corrupt behavior by a police officer in California who is accused of staging potentially dozens of DUI arrests. It’s alarming to think that those who are supposed to be protecting us could so easily be swayed into setting up unsuspecting individuals for a serious drunk driving bust.
Speak with a DWI Attorney in Minneapolis
If you have been arrested or charged with a DWI and feel that your rights have been violated, it is extremely important that you consult with an attorney immediately. Douglas T. Kans has been litigating and defending the rights of those accused of alcohol related driving offenses for over 19 years. He brings a wealth of knowledge and hard work to the cases he defends throughout the state of Minnesota. Contact us today for a free initial consultation.
Source: Sue Carlton, published at TampaBay.com.
