FDLE EYES POLICE ACTIONS IN GIBBS CASE

Investigation Requested by Cape Officials

Florida's top law enforcement agency has begun an investigation of the Cape
Coral Police Department's actions during an Aug. 18 drug bust involving
Chief Arnold Gibbs' daughter.

The Florida Department of Law Enforcement's Fort Myers office is
investigating whether Gibbs and members of his department committed any
misconduct during a drug bust at room 107 of the Del Prado Inn.

City officials asked for the investigation after The News-Press revealed
Tuesday that FDLE officials and state prosecutors denied Gibbs' claims they
had cleared him and his department of any misconduct in the case.

At the center of the FDLE investigation is the department's decision to
allow Gibbs' daughter, Monique Gibbs, 19, to leave a crime scene and go
home with her parents. She was allowed to go home after she told police she
flushed rock cocaine down a toilet as police were executing a warrant to
seize the drugs and detain anyone in the room.

"We are going to look at all the facts from A to Z and then let the media
and everyone review what we find," FDLE spokeswoman Lisa Barringer said.
"It won't take long. We are reviewing the department's response and all the
events that occurred that night and also the chief's response. This is an
investigation into allegations of official misconduct."

FDLE Supervising Agent Steve Emerson and Deputy State Attorney Marshall
Bower earlier this week denied Gibbs' claims they looked at the case and
exonerated him and his department of any wrongdoing.

On Monday, the two agencies had no plans to look into the matter.

That changed Tuesday when city officials called for an investigation.

Cape Coral Mayor Arnold Kempe, one of those who wanted an investigation,
said Thursday he's satisfied with the FDLE as long as Emerson doesn't
participate in the investigation. He said Emerson may be a witness because
Arnold Gibbs talked to him about what he'd done.

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Emerson said Monday that Gibbs told him he called the family of the man his
department arrested at the motel, Brandon Graham, who is Monique Gibbs'
boyfriend.

Emerson said Gibbs told the family he'd get them an attorney if they would
fire the one they had, Michael Hornung.

Hornung said the family told him Gibbs said he'd get the charge against
Graham dropped if they'd fire Hornung.

Kempe, a former prosecutor and criminal defense attorney, said Emerson
should stay out of the investigation.

"The FDLE needs to send in someone from outside the area," Kempe said.

Hornung agreed with Kempe.

"If it's going to be a valid investigation with no appearance of
impropriety they need to bring in agents from outside the area. Anyone with
prior knowledge is a witness," Hornung said.

Emerson couldn't be reached for comment Thursday.

Barringer, the FDLE spokeswoman, said an investigator who works for Emerson
has been assigned to the case.

"We were requested to do the investigation and we will do it
professionally. The results will prove that," Barringer said.

Interim City Manager Howard Kunik, who last week said he reviewed the files
in the case and determined Gibbs and his department did nothing wrong,
formally requested the investigation in a letter to Emerson Tuesday.

"I am asking you to review the entire process regarding this case from
beginning to end and in as much detail as necessary," Kunik told Emerson.

Kempe and two council members - Alex LePera and Paul Asfour - have
questioned the actions of Gibbs and his department.

Kempe said Gibbs should have stayed away from the scene.

LePera and Asfour also criticized Kunik, saying he jumped too quickly to
the department's defense.

As FDLE agents investigate police conduct in the case, prosecutors are
preparing their felony case against Monique Gibbs.

Although Cape Coral police didn't charge her with drug possession the night
of the bust, prosecutors later determined she committed a crime that night
and filed possession of cocaine charges against her. She is free awaiting
trial.

Prosecutors dismissed the charge of cocaine possession police placed on
Graham, 20, that night.

Prosecutors said he should not have been arrested and charged with the
crime because he wasn't in the Del Prado Inn room when police got there.

Only Monique Gibbs and Donna Carter were in the room where police said the
drugs were. Carter also was allowed to leave without being charged.

Prosecutors said Monique Gibbs could have been charged that night and said
police either were afraid to arrest the chief's daughter or don't
understand Florida's drug possession law.

Arnold Gibbs claimed Tuesday that Emerson and Assistant State Attorney
Marshall Bower told him The News-Press "grossly misquoted" them in an Oct.
8 story in which they denied they exonerated the chief.

Bower said he was not misquoted and had no problem with the accuracy of the
story.

Barringer said Emerson also "has no problem, no concerns" with the story or
his quotes.

Bower said he tried to explain to Gibbs two different issues are involved
in the case.

Bower said although Gibbs didn't interfere with the State Attorney's Office
filing charges against his daughter, prosecutors did not clear the chief or
his department of any misconduct at the motel.