PALM BAY — State Rep. Randy Fine, whose district includes Palm Bay, is calling for an in-depth audit of City Hall.
He sent a formal letter on Tuesday to Sen. Debbie Mayfield, chairwoman of the Legislature's Joint Legislative Auditing Committee, asking the committee to direct the state's auditor general to conduct a "comprehensive and in-depth audit of the operational practices and managerial oversight in the City of Palm Bay."
Specifically, Fine states the audit is needed because:
There are reports that Mayor William Capote has attempted to exceed his authority as mayor when dealing with City Manager Gregg Lynk.
Inadequate controls and a dysfunction among senior city managers has led to a lack of oversight of other employees. Fine singled out City Attorney Andrew Lannon on that issue.
"They are concerned that the city attorney is operating independent of the city council and multiple additional mid-level managers are operating without appropriate oversight of senior managers or the city council," Fine stated in his letter to Mayfield, a Melbourne Republican.
In a general statement provided to FLORIDA TODAY, City Manager Gregg Lynk said: "We appreciate Representative Fine for taking his responsibilities to his constituents seriously and that he is working to ensure our citizens' voices are heard. Should an audit take place, the city is confident that Representative Fine’s goals align with our own in providing a road map for resolution."
Palm Bay City Hall has come under scrutiny in recent months. Here's what you need to know. Wochit
Lannon denied he is acting outside the direction of the city council.
"The one and only time I acted without City Council direction was when I requested authorization from the city manager to seize the hard drives and cell phones of 19 specified individuals in order to assist law enforcement authorities who have since met with me, collected those items, and thanked me for my assistance, professionalism and candor," Lannon said in an e-mail to FLORIDA TODAY.
The Florida Department of Law Enforcement and the FBI are looking into operations in Palm Bay's city government while Lannon has put on hold, at least temporarily, an in-house investigation of former Growth Management Director Stuart Buchanan.
Some of the latter stems to audits and problems with state and federal grant money flowing into the city.
City officials came under scrutiny when Capote attempted to place Lynk on probation and asked for his resignation. Capote was "censured" by the city council for his actions, and Lynk was given a $34,124-a-year pay increase, bringing his annual salary to $175,000.
Fine said Capote was overstepping his boundaries as a council member and seems to be operating a "strong mayor" form of government.
Capote wasn't amused by Fine's call for an audit. The mayor said he was "stunned" by Fine's letter and that it didn't make sense.
"I’ve never seen a state representative get involved in city business — that’s overreaching," Capote said. "To state that I’m acting as a strong mayor is absurd. I don’t know if he’s doing a political favor for somebody.
"Why is he getting involved in auditing the city when the city is auditing itself?” Capote asked.
For more information contact Wayne T. Price at 321-242-3658 or wprice@floridatoday.com. You can also follow him on Twitter @Fla2dayBiz.
More: Palm Bay mayor seeks resignation of City Manager Lynk
More: Palm Bay suspends internal probe after hiring ex-U.S. attorney as special counsel
More: Tres Holton walks out of Palm Bay City Council meeting
More: Palm Bay veterans group disbanding after controversy
More: Exclusive: Explosive allegations leveled by Palm Bay veterans chief
More: Palm Bay City Council censures Mayor Capote
++++++++++++++++++++++++++++++++++++++++++++++++
Date: June 8, 2017
John Galluzzo, Chief Judge
Seminole Civil Courthouse
(Judicial Assistant: Mary Greene)
301 N. Park Avenue
Sanford, FL 32771-1243
FLORIDA Agents
and Agencies and Other:
2.
Office of Attorney General, Pam Bondi,
State of Florida, The Capitol PL-01, Tallahassee, FL 32399-1050
3.
Florida Representative Randy Fine,
Capitol Office, 1401 The Capitol, 402 South Monroe Street Tallahassee, FL
32399-1300
4.
Florida Senator Debbie Mayfield,
Tallahassee Office, 324 Senate Office Building, 404 South Monroe Street,
Tallahassee, FL 32399-1100
5.
Florida Department of Law Enforcement,
Orlando Branch 500 W Robinson St, Orlando, FL 32801 and FDLE Headquarters, P.O.
Box 1489. Tallahassee, FL 32302-1489
6.
Wayne T. Price and Rick Neale,
FDLE investigating 'several allegations' inside
Palm Bay City Hall, wprice@floridatoday.com
FEDERAL Agencies
and Agents:
7.
Federal Bureau-Investigation, FBI:
Orlando Branch 850 Trafalgar Ct #400, Maitland, FL 32751, and
8.
Tampa Branch 5525 West Gray Street,
Tampa, FL 33609
9.
US Department of Justice, Orlando
Office, U.S. Attorney's Office, 400 W. Washington Street, Suite 3100
10.
Orlando, Fl. 32801 and
11.
Tampa Office - Headquarters: U.S.
Attorney's Office, 400 North Tampa Street, Suite 3200, Tampa, Fl. 33602
Dear Chief Judge John Galluzzo, Florida and Federal Agencies and
Agents and Other:
SUBJECT MATTER:
FIVE
(5) YEAR OLD CIVIL FORFEITURE CASE: 05-2012-CA-050985-XXXX-XX:
State of Florida Assistant Attorney Greg
Hansen awarded and being paid for City of Palm Bay’s illegal practices of Retaliation while Eighteenth Circuit Judge Tonya Rainwater cover-ups Greg Hansen as a
State employee litigating a civil case for the City of Palm Bay on State
of Florida Government time by refusing to schedule Hearings in the case.
|
|
Office of State Attorney 18th Circuit
1971 Tallpalm
Rd
Melbourne, FL
32935-4342
|
The
civil forfeiture case: 05-2012-CA-050985-XXXX-XX was an intentional malicious act
of grand-theft auto of Sandra Kane Karwel’s 1998 truck purposely intended to
cause disruption with Sandra’s Right to Travel, her livelihood, employment, and
detour Sandra’s investigation of the City of Palm Bay using HUD grant money,
insurance fraud, and defrauding Sandra’s 82-year old Mother Evelyn Jane Karwel
out of her life saving.
All
Brevard County legal cases brought on by the Palm Bay Police against the Karwel
Family, and specifically Sandra Kane Karwel were intended as Retaliation after Sandra Kane Karwel
uncovered the City of Palm Bay had defrauded 82-year old Evelyn Jane Karwel
using HUD Grant Money in 2005.
Florida
Assistant State Attorney Greg Hansen’s law practice exclusively is paid by the
City of Palm Bay as their legal firm.
Law Offices
of Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A.
2200 Front St
#301,
Melbourne, FL
32901
Greg
Hansen’s law practice represents the City of Palm Bay, Robert Lemke,
and R.E. Support Service in the civil case: 05-2013-CA-29797-XXXX-XX,
where the Palm Bay Police on November 8, 2016 did HOLOCAUST HOME INVASION and stole every item of property from
Sandra’s Warranty Deed Home of 48 years.
The
strong connection between the Florida State Attorney 18th Judicial
Circuit for Brevard & Seminole County and City of Palm Bay is consistent
with the HUD GRANT FRAUD COVER UP.
The
City of Palm Bay used fake and false criminal allegations against the Karwel
Family with the full knowledge the Florida State Attorney 18th
Judicial Circuit would file charges when in fact there was no probable cause to
do so. As a result, Florida State
Attorney Office tried to discredit, cause hardship, and obstruct and cover-up
the truth behind the illegal practices and fraud of the City of Palm Bay,
thereby awarding Greg Hansen’s employment with the Florida State Attorney 18th
Judicial Circuit.
The
Brevard County civil forfeiture case: 05-2012-CA-050985-XXXX-XX is five (5)
years old. This is a blotched and
illegal forfeiture complaint case that was done as RETALATION against Sandra Kane Karwel by the City of Palm Bay to
create hardship by stealing—grand-theft
auto Sandra’s 1998 truck falsely using the Florida Contraband Act claiming
the 1998 truck was the contraband.
The
Florida Contraband Act has a mandatory Remedy for damages to the claimant
(Sandra Kane Karwel) who prevails in the
forfeiture case against the seizing agency (Palm Bay Police). However, the Eighteenth Judiciary has failed
repeatedly to property litigate the case.
This case and all it’s delays are Retaliation
against the Karwel Family and specifically
Sandra Kane Karwel for her investigation of City of Palm Bay and uncovering the
HUD mortgage, insurance fraud, and elder fraud associated with the City of Palm
Bay and HUD hurricane grants, of which presently
the City of Palm Bay is under investigation by the Federal Bureau of
Investigation, FBI and Florida Department of Law Enforcement,
FDLE.
·
FDLE
investigating 'several allegations' inside Palm Bay City Hall, May 4, 2017
·
HUD slams
running of Palm Bay program, May 11, 2017
·
Wayne T. Price and Rick Neale, Florida Today Published
Sandra Kane Karwel filed with the court a Demand for Relief. Judge Tonya Rainwater has shown through her
actions that she is not going to do her job as an impartial judge and move the
forfeiture case forward. Judge Tonya
Rainwater has given directions to her Judicial Assistant Theresa Goddard to not schedule any
Hearing for Sandra, and to stop any further communication. Judge Tonya
Rainwater’s actions towards Sandra are uniquely different than all other
litigating attorneys or individuals. Judge
Tonya Rainwater is preventing Sandra access to the courts and obstruction of
justice.
Case Forfeiture Summary:
In 2012 Palm Bay Police stole—grand-theft auto Sandra’s 1998 truck from her
private property front-yard driveway in the middle of the night and kept it for
two years against many requests to have it returned. Palm Bay Police claimed Sandra’s truck was
“contraband” and described her 1998 truck as “deadly weapon” in a criminal case
that was Nolle Prosequi.
Brevard County State Prosecutor had no other recourse then to
dismiss the criminal case because they could not locate the alleged victim, and
(Sandra and truck) had an air-tight-alibi that she was working and employed at
Lockheed Martin and her truck was parked in the employee parking lot in
Titusville, Florida, some 40 miles away from the grossly alleged crime
scene in Palm Bay, Florida supported by Lockheed badge-access data-printouts,
timesheets, and testimony from two Engineering Program Managers, as Sandra Kane
Karwel was working inside the secured-company site as an Electrical Engineer. The
alleged forfeiture and crime were fabricated.
Originally, Sandra
litigated the civil forfeiture complaint as a Pro Se Respondent. Then when the
criminal case was Nollo Prosequi, her defense attorney persuaded Sandra she
could do a better job litigating the civil forfeiture case for damages. Sandra’s defense attorney preceded Pro Bono services,
but once her attorney filed on 06/04/2014 Notice of Appearance, she did nothing
to advance the case. Profoundly her
attorney did everything to stall and derail the case by not litigating the core
elements of the Florida Statue Contraband Act; nothing got accomplished in
three years.
Sandra filed motions
and gave notices of complaint to have her attorney litigate the case properly
without avail, and thereafter motioned the court to remove her Attorney on
Record. On one motion to remove her attorney,
Sandra’s attorney never showed up for the Hearing. Sandra had personally cell-phoned and texted
her attorney as a reminding. Judge George
Maxwell excused Sandra’ attorney for not attending and then cancelled any
further Hearings for the year of 2016.
Four judges have
been assigned this case and all of them have treated Sandra Kane Karwel
ruthlessly and malevolence.
Judge Lisa
Davidson had two armed Brevard Sheriff Deputies chase Sandra down in the Moore
Justice Center parking lot as she was leaving the building after a Hearing was pronounced
closed. The two armed Brevard Sheriff
Deputies with pistols force Sandra against her will to return to the civil courtroom
by escorting Sandra up the elevator with both Brevard Sheriff Deputies handling
their guns as a threat; the reason for the false imprisonment was Judge Lisa
Davidson wanted to relay a scheduling notice afterthought.
Judge History:
OTHER CIRCUIT CIVIL 10/29/2012 1 ROBERT
T BURGER INITIAL ASSIGNMENT
OTHER CIRCUIT CIVIL 07/01/2013 2 LISA
DAVIDSON RSGN: CASELOAD
REASSIGNMENT
OTHER CIRCUIT CIVIL 06/29/2015 3 GEORGE
W. MAXWELL III RSGN: CASELOAD
REASSIGNMENT
OTHER CIRCUIT CIVIL 01/03/2017 4 TONYA
B. RAINWATER RSGN: CASELOAD
REASSIGNMENT
On June 5, 2017
at 4:15pm Respondent’s Attorney Brynn Brito filed in open court her own Motion
to Withdraw. Without Notice State Assistant Attorney Greg Hansen
telephoned into the Hearing stating no objection to Withdrawal, and it was
granted by Judge Rainwater.
REFUSAL TO
SCHEDULE HEARINGS
Sandra Kane
Karwel called Judge Rainwater’s Judicial Assistant Theresa Goddard on June 6, 2017
around 10:00am the following day. Prior
Motions and Demands for Relief from Sandra Kane Karwel were docketed. Theresa
Goddard relayed to Sandra over the telephone that Judge Tonya Rainwater will not
allow Sandra to schedule any Hearing as Pro Se Litigant, and refused to
schedule any Hearing for her.
Theresa Goddard
told Sandra that she had to file a Motion to Beg Judge Tonya Rainwater to
accept her documents and beg the court to pick-and-choose what documents Judge
Tonya Rainwater wanted litigated.
Judge Tonya
Rainwater did not request this from State Attorney Greg Hansen or Attorney Brynn
Brito. Judge Tonya Rainwater is bias and
doing acts to re-write the case. It is
the responsibility of opposing party to object, and opposing party did not, and
they had five years to act. Opposing
party had responded to Sandra Kane Karwel’s motions and documents in the past.
Judge Tonya Rainwater has a deceitful motive
behind the refusal to schedule Hearing.
Sandra called the
Brevard Judicial Administration in complaint of not being allowed access to the
courts and barred from scheduling a Hearing date, and was threaten by an
unidentified male operator who warned Sandra not to access the courts as a Pro
Se Litigant and that he had an Order-which
barred Sandra from calling the Brevard Judicial Administration. Sandra asked for his name and his supervisor. The male operator proceeded to tell Sandra “judicial assistants do not have to
communicate with Pro Se Litigants” and for Sandra to hire another attorney
if she wanted her case litigated, and hung-up.
Sandra called the
Brevard Clerk of Court and had a deputy clerk investigate into the matter. Sandra Kane Karwel requested a copy of the Order and the Florida Statue that Judge Tonya Rainwater was relying on to bar
her from the courts.
Theresa Goddard denied
her access to the courts. Judge Tonya Rainwater is creating obstruction
of justice and did acts reflecting prejudice.
Sandra was told by the Clerk of Court deputy that there was no Order, but a 3-year old letter from
Seminole County Retired-Judge Alan Dickey.
The deputy stated Theresa Goddard’s was refusing to schedule a Hearing
for Sandra because Judge Tonya Rainwater
was citing Florida Statue 2.515(a).
Fla. R. Jud.
Admin. 2.515 Signature and Certificates of Attorneys and Parties
(a) Attorney’s
Signature and Certificates.
“Every document
of a party represented by an attorney shall be signed by at least 1 attorney of
record in that attorney’s…”
This statue is a Regulatory
Statue for the conduct of paid judiciary employee and Florida Bar
attorneys, and not applicable to Pro Se Litigants representing themselves.
This statement is exactly what it means, that attorneys sign their
own documents. It does not mean
that the attorneys sign Pro Se Litigant’s documents. Pro Se Litigants are their own author of
their own words.
This rule does not apply to Sandra as a Pro Se or as a
Respondent. Individuals have the Right
to have documents and exhibits recorded. Individuals have the Right to access the
courts. This fraud is created to delay
Sandra Kane Karwel’s case and is an injustice.
Sandra does not need anybody, including a Florida Bar attorney to
sign her own documents; she is the author.
So the absurdity of Judge Tonya Rainwater telling Theresa Goddard that Sandra should go
out and solicit an attorney to sign her own documents is malicious, an
injustice, and bias. It is judicial misconduct;
it shows Judge Tonya Rainwater bias and a fraud. It merits a canon, a complaint, an
investigation, a disqualification, a venue removal, and an inquiry as chief
judge.
This is just
another delay to harm me, and it is caused by Brevard Judiciary Judge Tonya
Rainwater to derail my case forward and creates a time-wasting duration for an
Appeal with the Fifth District Court of Appeals (5DCA).
Judge Tonya Rainwater
is acting outside her scope as impartial judge.
She is trying to litigate my case in a negative capacity. If opposing party has an issue with my
documents, then it is their responsibility to object, not a judge.
Florida Statue is
very clear, it is mandatory that a judge shall award, and I made Demand for my Relief. 932.704 Forfeiture proceedings.— (b) When the
claimant prevails at the conclusion of the forfeiture proceeding, any decision
to appeal must be made by the chief administrative official of the seizing
agency, or his or her designee. The trial
court shall require the seizing agency to pay to the claimant the
reasonable loss of value of the seized property when the claimant prevails at
trial or on appeal and the seizing agency retained the seized property
during the trial or appellate process. The
trial court shall also require the seizing agency to pay to the claimant
any loss of income directly attributed to the continued seizure of
income-producing property during the trial or appellate process. If the
claimant prevails on appeal, the seizing agency shall immediately release the
seized property to the person entitled to possession of the property as
determined by the court, pay any cost as assessed by the court, and may not
assess any towing charges, storage fees, administrative costs, or maintenance
costs against the claimant with respect to the seized property or the
forfeiture proceeding.
JUDGE TONYA
RAINWATER’S MOTIVE TO DECEIVE
There is a Motive behind Judge Tonya Rainwater’s
fraud. The City of Palm Bay is paying opposing party
Attorney Greg Hansen as their Attorney
on Record, while at the same time Greg Hansen is employed as a State of Florida
employee for the Florida State Attorney
18th Judicial Circuit. Greg Hansen
is litigating this case on State of Florida government time for the City of
Palm Bay.
|
|
Office of State Attorney 18th Circuit
1971 Tallpalm
Rd
Melbourne, FL
32935-4342
|
Greg Hansen is Brevard
County Assistant State Attorney for the Florida
State Attorney 18th Judicial Circuit. So
he is litigating this case while being employed and working and paid as a State
employee.
I, Sandra Kane
Karwel had to call the Brevard County State Attorney’s Office and communicated
with a State of Florida employee as to Greg Hansen availability. This establishes a conflict of interest in
this case and corruption. Judge Tonya Rainwater
has created the above mentioned fraud to cover-up for Greg Hansen. Judge Tonya Rainwater is covering-up Greg
Hansen working on his Private Law Practice and for the City of Palm Bay while
on the clock for the State of Florida and on government time.
It is my
conviction that Judge Tonya Rainwater’s refusal to schedule Hearing is more for
opposing party Brevard County Assistant State Attorney Greg Hansen and the City
of Palm Bay, than it is because she wants me (Sandra Kane Karwel) to solicit an
outside attorney to sign my own documents.
These Retaliations against the Karwel Family
can be traced back to an event in 2007, when Sandra Kane Karwel did discover
the City of Palm Bay's involvement in an HUD Mortgage Fraud and Insurance Fraud
scheme that defrauded Sandra's 82-year-old mother Evelyn Jane Karwel from her
life saving and out of nearly $72,000.00 dollars of insurance money in
coordination with the Housing and Urban
Development Community Development Grants (HUD) hurricane funds.
The City of Palm
Bay created a $50 thousand dollar HUD mortgage on Evelyn Jane Karwel’s
completely destroyed hurricane home and then the very next day demolished the
damaged-mortgage-home.
A year later when the completed
new-home-improvements were completed the City of Palm Bay Recorded the mortgage
reflecting the new-improvement-home was the mortgaged property (which it was
not—the fraud).
Then the City of
Palm Bay harassed 82-year-old Evelyn Jane Karwel causing her death, threatening
her that she must sign over all her meager income of Social Security to the
City of Palm Bay, or lose her new-improved-home.
All the while the
City of Palm Bay employees Joseph Poteat
and Sherry Poteat had “deposited”
Evelyn Jane Karwel’s Allstate Insurance money of almost $72 thousand dollars
into their “own personal” Space Coast Credit Union checking account in
their name. Judge Tonya Rainwater was
involved in the fraud from the very beginning when Joseph Poteat filed a
death-bed Estate Will naming himself the Administrator of Evelyn Jane Karwel’s
estate which Joseph Poteat created in the Intensive Care Unit of Palm Bay
Hospital while Sandra’s Mother was on life support and dying.
The crimes
against the Karwel Family have not stopped and on November 8, 2016 Steve Shytel
of the Palm Bay Police did criminal HOLOCAUST
HOME INVASION by ramming Sandra Kane Karwel's front door to her warranty
deed home of 48 years. Then Steve Shytle
stole everything of value from inside her home with the assistance of the
Brevard Sheriff Office Deputies and filled-up realtor Robert Lemke’s car with
Sandra’s private property.
|
YouTube:
https://youtu.be/xvkgXSYzelg
YouTube:
https://youtu.be/S1rcI3whi6M
Twitter: @Tra8portalSand
|
Linkedin:
Sandra Karwel
Tumblr:
yhinsfr@tumblr.com
Instragram:
yhinsfr
reddit: yhinsfr
Facebook:
skarwel1
Vimeo: Sandra
Karwel
|
This case
05-2012-CA-050985-XXXX-XX is material to all other cases pending before the
courts, and in future Federal Civil Rights Claims. It creates a Conflict of Interest,
Corruption, and Clarity to the gross misuse of justice in correlation between
the Brevard Judiciary, City of Palm Bay, Housing and Urban Development Grants, Brevard
State Attorney Office, and the Brevard Sheriff Office, Sheriff Wayne Ivey and Deputies
in RETALIATION against the Karwel Family—Sandra Kane Karwel,
Sondra Lane Karwel, Joey Lynn Mendolia (Karwel), Daniel Joseph Mendolia, Evelyn
Jane Karwel and Cheryl Rider (Karwel).
Signed__________________________
Date: June 08, 2017
Sandra Kane Karwel
1142 Bianca Drive, NE
Palm Bay, Florida, 32905
skarwel@gmail.com
