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FORT LAUDERDALE POLICE DEPARTMENT
DATE: September 10, 2020
TO: Interim Chief Karen Dietrich/Office of the Chief
FROM: A/Captain David Cortes/Office of Internal Affairs
SUBJECT: Internal Affairs Case No. 19-074 Officer Kenneth Somma ( 1784)
After careful review of the evidence and testimony in the captioned investigation, I have determined the charge against Officer Kenneth Somma for violation of Fort Lauderdale Police Department policy 118 E 6 {b ): "Carelessly, negligently, or intentionally causing waste, loss or damage to any City property. " is Not Sustained.
On October 30, 2019, the Fort Lauderdale Police Department's Staff Inspections Office conducted its annual inspection of the Narcotics Detection Canine Unit's assigned training aids. During the inspection of Officer Somma's relinquished items, a heroin training aid weighing 3.5 grams was unaccounted for. Subsequent to notifying Officer Somma of the missing aid, attempts were made to locate the item. After failing to locate the missing training aid, an Offense Incident Report was authored and electronically sent to the Internal Affairs review group. Due to an issue with the aforementioned review group, the report was not received by Internal Affairs via the Records Management System (RMS). On December 17, 2019, the Office of Internal Affairs was apprised of the matter via email.
Then Canine Trainer Officer Thomas Pfund and Officer Somma provided conflicting witness testimony regarding Officer Somma's narcotic training aid submission and accounting. Additional witness testimony from Department personnel throughout this case failed to delineate a clear chain of custody for the relinquished narcotics from Officer Somma's submission, to the Staff Inspections' weigh in. While proper notifications were made in accordance with Department policy, steps to ensure the proper accounting of Officer Somma's training aids were lacking. As such, a policy change recommendation to the Detection Dogs Standard Operating Procedure is forthcoming.
.... Note: This case was tolled from March 9, 2020 through September 1, 2020, due to Florida's COVID-19 declared state of emergency.
Fd ... LAUDERDALE POLICE DEPAR~ ...fNT INTERNAL AFFAIRS COMPLAINT REPORT FORM
INTERNAL AFFAIRS CASE 19-074
Complainant: Interim Police Chief Karen Dietrich Telephone: 954-828-5700
Address: 1300 West Broward Boulevard, Fort Lauderdale, Florida 33312
Location of Occurrence: Fort Lauderdale Police Department
Date of Occurrence: August 15, 2019 - October 30, 2019 Date Reported October 30, 2019
Personnel: Officer Kenneth Somma CCN: 1784 Assignment: Ops/Narcotic K9 Unit
Personnel:
Report Number(s): _3.;;...4-...;.__ _ _ _ 3...;._09 Case Category: _1 _ _ ____ 1911-18;....;. 0...;...__________
Allegation(s):
Officer: Kenneth Somma
Alleged violation of Fort Lauderdale Police Department Policy:
1. 118 E 6 (b) Damage to city property prohibited: ucarelessly, negligently or intentionally causing
waste, loss or damage to any City property".
Sustained __Not Sustained ~Exonerated __ Unfounded __Policy Failure _ _ _
Investigated by: ~~ed~·n~ SERGEANT Jeffrey Newman (CCN 1444) A/CAPTAIN David Cortes (CCN 1376)
STAFF REVIEW: I concur with the Internal Affairs finding:
Police Chief Date '-2.'- -i..o.L. J_ A-Assistant Chief Date
----------------------~ ---
I do not concur with the Internal Affairs finding. Attached is a separate memo with my recommendation( s)
Date ----------------------------~ ---
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I I FOk·, LAUDERDALE POLICE DEPART111cNT
INTERNAL AFFAIRS COMPLAINT REPORT FORM INTERNAL AFFAIRS CASE 19-074
SUMMARY OF COMPLAINT
On December 17, 2019, the Office of Internal Affairs received an email authored by Fort Lauderdale Police Captain Steven Scelfo who stated Fort Lauderdale Police Officer Kenneth Somma was missing his assigned training aid, containing 3.5 grams of heroin. Officer Somma had recently transferred out of the Narcotic Detection K9 Unit and on October 30, 2019, he surrendered his assigned training aids to Officer Thomas Pfund, the custodian of controlled substances for the Fort Lauderdale Police Department. Officer Pfund brought the training aids to be inventoried by the Fort Lauderdale Police Department Staff Inspection employees. During the inventory is was discovered the training aid was missing. Officer Somma authored a FLPD Offense report # 34-1911-183009 identifying the missing training aid was last reported used during training on August 15, 2019, on Fort Lauderdale Police Department property.
On March 5, 2020, Fraternal Order of Police raised a concern during the review of the witness statements. The Fraternal Order of Police alleged Officer Pfund was incorrect in his statement when he said Officer Somma was present during the Staff Inspections inventory. The Fraternal Order of Police stated Officer Somma was not present at the inventory and had returned his assigned training aids to Officer Pfund. Officer Pfund did not inspect the training aids when Officer Somma transferred them into tiis custody. It is unknown when the training aid was lost or misplaced.
The Office of Internal Affairs was tasked with conducting an investigation to determine if Fort Lauderdale Police Department policy was violated, specifically;
)> Whether Officer Somma lost or misplaced City property in the form of a heroin K9 training aid.
FACTS OF THE INVESTIGATION
Officer Kenneth Somma was assigned to the Fort Lauderdale Police Department Narcotic Detection K9 Unit from October 24, 2014, until October 27, 2019. On June 17, 2015, Officer Somma was assigned custody of 3.5 grams of heroin as a training aid.
On November 14, 2018, Staff Inspections completed an inventory and Officer Somma was in possession of all of his assigned training aids.
On October 27, 2019, Officer Somma was transferred to the Fort Lauderdale Police Department Marine Unit, but still had retention of his assigned training aids.
On October 30, 2019, the Staff Inspections Office was conducting its annual inspection of narcotics utilized for canine training. Officer Pfund contacted Officer Somma to meet him at the police station to relinquish his assigned training aids. Officer Somma transferred custody of his training aids to Officer Pfund. Officer Pfund reportedly took possession of the training aids, without inspecting the contents, and told Officer Somma he could leave. Officer Pfund then contacted Officer Ivan Fernandez for assistance to carry the boxes containing training aids from his vehicle to the briefing room. The Staff Inspections
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Fok. LAUDERDALE POLICE DEPARt-..cNT INTERNAL AFFAIRS COMPLAINT REPORT FORM
INTERNAL AFFAIRS CASE 19-074
Office's inventory revealed Officer Somma's assigned heroin training aid was not in the container. Officer Esther Cineas called Officer Somma via cellphone and informed him the training aid was missing.
Officer Somma checked his training logs and identified August 15. 2019, at the police station sally port, was the fast time he documented using the 3.5 grams of heroin to train his Detection K9.
The sally port area was checked, but the training aid was not located. Officer Pfund notified via telephone, Detection K9 Supervisor Sergeant Collis Atkinson of the lost or misplaced training aid. Sergeant Atkinson notified via telephone, Captain Steven Scelfo and Major Gregory Salters.
Sergeant Atkinson instructed Officer Somma to wait on documenting the incident on an Offense Report to make sure they were proceeding correctly. Sergeant Atkinson received instruction from Captain Scelfo and on November 7, 2019, Officer Somma authored Offense Report #34-1911-183009 documenting the missing training aid. Sergeant Atkinson forwarded the report to Internal Affairs thru the Records Management System, however Internal Affairs does not receive reports thru the Regional Management System.
On December 17, 2019, Captain Scelfo notified Major Victor London via email of the missing training aid and of the cause of the delay in IA receiving notification.
On January 22, 2020, Officer Somma was required to submit to a drug screening at U.S. Healthworks located at 407 SE 24 Street, Fort Lauderdale, Florida, 33316.
On January 23, 2020, the Office of Internal Affairs was notified Officer Somma's drug screening was negative for the presence of any controlled substances.
During the investigation, sworn statements were obtained from the following individuals on the dates noted.
)> Sergeant Collis Atkinson Witness February 12, 2020 )> K9 Officer Thomas Pfund Witness February 18, 2020 > Accreditation Manager Farida Mohammed Witness March 9, 2020 > Senior Police Administrative Aid Odalys Diaz Witness March 9, 2020 > Senior Police Administrative Aid Tiffany St. Thomas Witness March 9, 2020 > K9 Officer Esther Cineas Witness March 11, 2020 )> K9 Officer Ivan Fernandez Witness March 12, 2020 > Sergeant Christopher Chambers Witness March 12, 2020 > K9 Officer Kenneth Somma Accused March 5, 2020
On February 26, 2020, Officer Somma signed his charging document.
On September 1, 2020, Officer Somma was sent an informational letter via Department email.
On September 3, 2020, Officer Somma reviewed additional information gathered after his sworn statement was taken on March 5, 2020. He declined to supplement his original statement.
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FO~. LAUDERDALE POLICE DEPARt1 .. cNT INTERNAL AFFAIRS COMPLAINT REPORT FORM
INTERNAL AFFAIRS CASE 19-074
WITNESS - SERGEANT COLLIS ATKINSON (CCN 1649)
On February 12, 2020, Sergeant Atkinson provided a sworn statement on the missing heroin training aid. Sergeant Atkinson has been the Detection K9 supervisor for two (2) years and six (6) months. He advised each officer in the unit is assigned an assortment of narcotic training aids which are used for unit training each Wednesday, and individually by the Officers during their shifts. Sergeant Atkinson described the training sessions:
"Basically real life scenarios. So during training on Wednesdays, the main instructor will pull narcotics form different handlers and use them for training aids, whether it's people, cars, exterior buildings, interior buildings, and then mainly they're issued their own, so that when they're off, because they have to complete a training log every week, so they have to document how many hours they train on their own separate from the team ·: (Section 1 Page 4)
Sergeant Atkinson stated he was contacted by Officer Pfund advising the training aid was missing. He in turn contacted his chain of command, Captain Scelfo and Major Salters. Sergeant Atkinson contacted Officer Somma and told him to document the incident on an Offense Incident Report.
Sergeant Atkinson advised when a Detection K9 Officer returns his assigned training hides:
"It goes back to evidence, and then we always make sure that accreditation is there so we have chain of custody because it has to be documented through accreditation. If it is something where we're immediately giving it to - normally, it doesnY happen where we immediately give it to a new officer because we won't give hides to a new officer until they've been through the 8-week school, so normally, it either goes back to evidence or at times we have the head instructor who will hold onto it, but once it 's been given to the other officer, again, we 'II go through that chain of custody again." {Section 1 Page 21)
WITNESS - K9 OFFICER THOMAS PFUND (1607)
On February 18, 2020, Officer Thomas Pfund provided a sworn witness statement on the missing heroin training aid. Officer Pfund stated he has been assigned to the Detection K9 Unit since January 19. 2011 , and has been a trainer for the unit since 2013. Pursuant to the Code of Federal regulations, section 1309.21 {a), one person from the FLPD is required to be registered with the Drug Enforcement Administration (DEA) and will be responsible for the distribution of all narcotics utilized for training. Officer Pfund is the registered officer with the DEA. Officer Pfund stated Officer Somma turned in his assigned training aids to him on October 30, 2019. Officer Pfund stated when asked if Officer Somma was present for the inventory he stated:
"I believe so 'cause I think - I don't remember his CCN but I think that's his signature. I believe so. I wanna say yes~ But I don't know ifhe- the reason why im not sure is because I don't know if he gave them to - cause were all coming in, so I don't know if he said 'hey carry these in for me'. "(Section 2 Page 11 )
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FO~ . LAUDERDALE POLICE DEPAR~1••c NT INTERNAL AFFAIRS COMPLAINT REPORT FORM
INTERNAL AFFAIRS CASE 19-074
Officer Pfund stated during the Staff Inspection inventory when the training aid was to be weighed Officer Somma replied "it's not there". This would infer Officer Somma was present. Officer Pfund stated he notified Sergeant Atkinson of the missing training aid on October 30, 2019.
ACCUSED - OFFICER KENNETH SOMMA CCCN 1784)
On March 5, 2020, Officer Kenneth Somma provided a sworn statement in regards to the lost or misplaced heroin training aid. Officer Somma stated he was assigned to the Narcotic Detection K9 Unit in October 24, 2014. Officer Somma stated on June 17, 2015 he was assigned his heroin training aid among others. Officer Somma stated he was in possession of his training aid on August 15, 2019 and documented using it for training at the police station. Officer Somma was re-assigned on October 27, 2019 and relinquished his training aids on October 30, 2019 to Officer Pfund. Officer Somma stated:
"On the day of the verification, I arrived to the sally port 20, 30 minutes before we were supposed to be there. And I handed all my- my four boxes over to Officer Pfund, who he then said I could leave. And then I went back to the Marine Unit". (Section 9 Page 9}
Officer Somma stated, "Yeah I turned it in to Officer Pfund. He then shook my hand, said I could go, and that I was missing training for the new unit I was in. " Office Somma stated no one else was present when he turned in his training aids to Officer Pfund. Officer Somma stated he did not Inventory his training aids with Officer Pfund, he relinquished the training aids and Officer Pfund put the training aids in his car.
Officer Somma stated he was contacted via text and cell phone by Officers Pfund and Cineas on October 30, 2019 and told during the Staff Inspection inventory it was discovered he was missing a training aid. Officer Somma stated he said, "I'm notmissing a hide, you know, I'd probably notice that. I 'm not missing one': Officer Somma stated, "They (Pfund/Cineas) said, No you're missing a hide. It's not here. We checked everyone else's, it's not there ~ Officer Somma stated he checked his training log and let Officer Pfund know the training aid was last used on FLPD property in the sally port area on August 15, 2019. Officer Somma stated he checked the sally port area, but was unable to locate the missing training aid. Officer Somma stated he documented the missing training aid on an Incident/Investigation Report case #34-1911 -183009.
WITNESS - ACCREDITATION MANAGER FARIDA MOHAMMED
On March 9, 2020, Accreditation Manager Farida Mohammed provided a sworn statement on the missing training aids. Mrs. Mohammed stated she brought her staff to the briefing room to inventory the Narcotic Detection K9 assigned narcotic training aids. Mrs. Mohammed stated Officer Somma was not present for the inventory. Mrs. Mohammed stated Officer Pfund was in the room with Officer Somma's training aids when she arrived. Mrs. Mohammed stated when Officer Somma's 3.5 grams of heroin was to be inspected, Officer Pfund told her it was not in the container.
WITNESS - SENIOR POLICE ADMINISTRATIVE AID ODALYS DIAZ
On March 9, 2020, Odalys Diaz provided a sworn statement on the lost or missing training aids. Ms. Diaz is a City of Fort Lauderdale employee currently working in the Office of Accreditation. Ms. Diaz was present for the Inventory of the Narcotic Detection K9 assigned narcotic training aids on October 30, 2019. Ms. Diaz stated upon her arrival, Officer Pfund was already in the room with Officer Somma's training aids and Officer Somma was not present for the inventory. Ms. Diaz stated when Officer
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FO~, LAUDERDALE POLICE DEPARli..cNT INTERNAL AFFAIRS COMPLAINT REPORT FORM
INTERNAL AFFAIRS CASE 1g..074
Somma's 3.5 grams of heroin was to be inspected, she heard Officer Pfund tell Mrs. Farida Mohammed it was not in the container.
WITNESS-SENIOR POLICE ADMINISTRATIVE AID TIFFANY ST. THOMAS
On March 9, 2020, Tiffany St. Thomas provided a sworn statement on the lost or missing training aids. Mrs. St. Thomas is a City of Fort Lauderdale employee currently working in the Office of Accreditation. Mrs. St. Thomas was present for the inventory of the Narcotic Detection K9 assigned narcotic training aids on October 30, 2019. Mrs. St Thomas stated upon her arrival, Officer Pfund was already in the room with Officer Somma's training aids and Officer Somma was not present for the inventory. Mrs. St. Thomas stated when Officer Somma's 3.5 grams of heroin was to be inspected she observed Officer Pfund tell Mrs. Farida Mohammed it was not in the container.
WITNESS- K9 OFFICER ESTHER CINEAS (CCN 1840)
On March 11, 2020, Officer Esther Cineas provided a sworn statement on the lost or missing training aids. Officer Cineas has been with the Narcotic Detection K9 Unit for approximately one ( 1) and a half years. Officer Cineas stated Officer Somma was not present for the inspection on October 30, 2019. She stated she did not observe Officer Somma relinquish his training aids to Officer Pfund. Officer Cineas stated she was present during the inspection and was asked by Officer Pfund to call Officer Somma to inform him of the missing training aid.
WITNESS - K9 OFFICER IVAN FERNANDEZ (CCN 1774)
On March 12, 2020, Officer Ivan Fernandez provided a sworn statement on the lost or missing training aids. Officer Fernandez has been with the Narcotic Detection K9 Unit for approximately seven (7) months. Officer Fernandez stated Officer Somma was not present for the inspection on October 30, 2019. Officer Fernandez stated he did not observe Officer Somma relinquish his training aids to Officer Pfund. Officer Fernandez stated on October 30, 2019, he carried boxes containing training aids from Officer Pfund's vehicle, parked in the sally port, to the briefing room where the inspection was to be conducted. Officer Fernandez stated he did not know who the training aids belonged to, but it was more than what would have been assigned to Officer Pfund.
WITNESS - SERGEANT CHRISTOPHER CHAMBERS (CCN 1459)
On March 12, 2020, Sergeant Christopher Chambers provided a sworn statement on the lost or missing narcotic training aids. Sergeant Chambers had been with the Narcotic Detection K9 Unit for approximately six (6) years before his promotion to Sergeant. Sergeant Chambers stated Officer Somma was not present on October 30, 2019, for the narcotic training aid inspection and he did not bring in any other training aids beside those assigned to him. Sergeant Chambers stated he was the last to arrive to the inspection and all the training aids were present.
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Fok. LAUDERDALE POLICE DEPARi11 ..t:NT INTERNAL AFFAIRS COMPLAINT REPORT FORM
INTERNAL AFFAIRS CASE 19-074
EXHIBITS/EVIDENCE
Inspection/Inventory Report 2019-009 Narcotics used for K9 Detection: Documented on January 17, 2020. Accreditation Manager Farida Mohammed documented the 2019-009 Unannounced Annual Inventory from October 30, 2019.
Fort Lauderdale Police Department Narcotic K9 training aids Inventory sheets: Documented from June 17, 2015 to October 30, 2019 Officer Somma's assigned training aids.
Incident/Investigation Report 34-1911-183009: Documented on November 7, 2019, Officer Somma's assigned training aid was lost or missing.
Electronic Mail Thread: Documented December 17, 2019, Captain Scelfo send an electronic mail to Major London informing him Officer Somma was missing his assigned training aid.
Electronic Mail Thread: Email communication of from Evidence Supervisor Dawn Ramage. She confirmed no found narcotics on site at the FLPD station matching the training aid.
Drug Screening Memorandum & Results for Officer Somma: Documented on January 22, 2020, Officer Somma was directed to take a drug screening with cause. Documented on January 23, 2020, the results of the test were determined to be "negative• for any controlled substances.
Charging Document for Officer Somma: Documented February 26, 2020, Officer Somma was notified of the allegations made against him for violation of Fort Lauderdale Police Department policy.
CONCLUSION
• On October 30, 2019, Officer Somma relinquished his assigned narcotic training aids to Officer Pfund. Officer Somma transferred to the Marine Unit and no longer maintained narcotics for canine detection training.
• Officer Pfund secured Officer Somma's training aids in his assigned police vehicle in preparation for inspection by the Office ofAccreditation that same day. During the inspection it was discovered Officer Somma was missing narcotic training aid HE-13 containing 3.5 grams of heroin.
• Officer Somma last reported using his assigned narcotic training aid in the FLPD sally port area on August 15, 2019.
• Officer Somma searched the sally port area after the training aid was discovered to be missing, despite is best efforts to search for the missing training aid they could not be located.
• Video recording from the Sally Port area was unavailable due to the retention window having lapsed.
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I I FO~, LAUDERDALE POLICE DEPARl ,..,,ENT
INTERNAL AFFAIRS COMPLAINT REPORT FORM INTERNAL AFFAIRS CASE 19·074
• Evidence Supervisor Dawn Ramage searched the FLPD evidence database for lost/found property at the FLPD during for the 2019 calendar year. No lost/found property was submitted to evidence consistent with the missing training aid.
• Body Worn Camera (BWC) was not utilized by Officer Somma on August 15, 2019, the date the training aid was last reported used, as the loss likely occurred during training and not during a citizen contact
• Officer Pfund separated from the agency July 10, 2020, and is no longer under the purview of the Office of Internal Affairs.
• Officer Somma was ordered to submit to a drug screening. The result of the screening was "negative" for controlled substances.
• The Drug Detection Dogs Standard Operating Procedure (SOP) does not specifically address the chain of custody during inspection/inventory of narcotic training aids. This is also the case when a Canine handler is relinquishing their assigned narcotic training aids and exiting the position.
• The facts of the investigation were inconclusive as to when the narcotic training aid was lost and whose custody they were in at the time of the loss.
Under the penalties of perjury, I declare that I have read the foregoing document and that the information contained within it is accurate to the best of my knowledge and belief.
Furthermore I, the undersigned, do hereby swear, under penalty of perjury, that to the best of my personal knowledge, information and belief, I have not knowingly or willfully deprived, or allowed another to deprive the subject of the investigation of any of the rights contained in SS. 112.532 and 112.533 Florida Statutes.
E ESTIGATOR'S SIGNAT~~- J CCN: 1'1'11---i--
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INTERNAL AFFAIRS CASE INDEX
CASE NUMBER 19-074
Internal Affairs Case Summary
Table of Contents
Transcribed Statements
1. Sergeant Collis Atkinson
2. Officer Thomas Pfund
3. Accreditation Manager Farida Mohammed
4. Senior Police Administrative Aid Odalys Diaz
5. Senior Police Administrative Aid Tiffany St. Thomas
6. Officer Esther Cineas
7. Officer Ivan Fernandez
8. Sgt. Christopher Chambers
9. Officer Kenneth Somma
Exhibits/Evidence
10. Inspection/Inventory Report 2019-009 Narcotics used for K-9 Detection
11. Narcotics K-9 Training Aids Inventory Sheet
12. Offense Report 34-1911-183009
13. Electronic Mail Captain Scelfo
14. Electronic Mail Evidence Supervisor Dawn Ramage
15. Chemical Drug Screening Memorandum and Results
16. Charging Document
17. Follow Up Appointment Notice for Officer Somma
18. Fort Lauderdale Police Department Canine Training records for Officer Somma
19. Drug Detection Dogs Standard Operating Procedures
