Unmasked blogger blames First Baptist, Sheriff's Office

[lindab]

Another day and still no WJXT mention of the story on "The Local Station". Has anyone seen this story covered on their newscasts? This was front page in T-U.  Is there some reason that Chan. 4 is unable to mention it? Are they beholding to FBC too?

[Cliffs_Daughter]

I see that Fox 30 bumped it to the USA Today online edition. MAYBE it'll get noticed by network news?

[copperfiend]

I see that Fox 30 bumped it to the USA Today online edition. MAYBE it'll get noticed by network news?

Very cool. I have made sure to make this a topic of conversation with quite a few people this week.

[brainstormer]

Ok, so last night I was pretty worked up and overreacted a bit not thinking about the TU turning over stories every 24 hours, but still I would think that with this story being such a hot topic in the community, it has to be good business for their site to keep it up and easy to find.

Has anyone else looked at the subpoenas link on the bloggers site?  They have NOT SUBJECT TO PUBLIC DISCLOSURE stamped right on them.  To a regular guy, this sounds like it means any information gained should not be given out.  So didn't the detective break the subpoena guidelines by giving the name to FBC?  Can any law people help me out with what this means?

[Dapperdan]

Are we all being issued trespassing warrents as we speak?

[BridgeTroll]

I will be waiting all weekend for two well dressed young men with vacant stares to hand me an envelope without saying a word...

[BridgeTroll]

Well here is Sheriff Rutherfords explanation...

http://www.fox30online.com/content/topstories/story/Sheriff-Rutherford-Responds-To-Church/S8ubOEk8UE2iIx3rBbwGbQ.cspx

I would like to clarify some information that has been reported about a recent Intelligence investigation conducted by the Jacksonville Sheriff’s Office, regarding perceived threats against a local religious congregation.

Our agency is responsible for investigating any perceived threats and possible criminal activity that is reported to us by a citizen. We routinely share what they learn in the course of the investigation with the victim or complainant.
Suspects would not be made aware of this information, if it is gathered in an effort to determine if a threshold of criminality exists and none is found. In this case, the case was closed 11/13/08 with no further action by JSO warranted when no criminal conduct or significant threat to the church was determined to exist.
In this case, the information about suspicious behavior directed at Pastor Mac Brunson and his home and family was provided to a detective whose normal duty assignment with the JSO is to investigate possible threats against Jacksonville’s religious institutions. He is a member of our Intelligence Unit. He would have investigated this situation had the complaint come from those affiliated with a Mosque, a Synagogue, or any religious organization. This is Detective Hinson’s job as the intelligence point person for the religious community, and other designated critical infrastructure sites in Jacksonville.
All our religious institutions are a major part of Jacksonville’s critical infrastructure and we remain vigilant in investigating all perceived threats and security issues associated with those institutions. In light of recent violent incidents that have occurred in churches around the country, I think our vigilance is necessary and most appropriate to ensure public safety.
Had another officer received a similar threat or tip or raised a similar concern, Detective Hinson would have ultimately been the officer assigned to investigate. I have no issue with his investigation and there is no conflict of interest because he is affiliated with that particular congregation.
The fact that the medium used to communicate the messages being investigated was the internet is irrelevant. Investigations are conducted into the sources of anonymous letters, phone calls, and in this day and age websites and emails, any time it is deemed appropriate for public safety. We then look at the contents and sources of internet information regularly, as part of our investigations.
I hope this information helps clarify for citizens that this was not about “outing” a blogger, but instead was about public safety.

 

John H. Rutherford, Sheriff

[Cliffs_Daughter]

Yeah, because my safety was in jeopardy when someone posted a blog about an already controversial church shedding light to some very unusual practices, and in no way that I could find made a threat to them or the public at large. 

So I guess this means that if they wanted to label me as suspicious because I do not attend any church, they could find reason to?

[vicupstate]

It's amazing that in a county of 850,000 there is only one JSO officer that could have investigated this.  An obvious conflict of interest existed, which should have resulted in someone else being assigned this investigation. 

The fact that an investigation took place is not disturbing given that a compliant was made.  The fact that a suspena was issued when no criminal wrongdoing was found is disturbing.

[RiversideLoki]

And yet no explanation as to why the information on the blogger was handed over to FBCJ. What about that Sheriff? Explain why that information was handed over if it, at that point, was internal police business.

It's still fishy, and still illegal. I hope something is done.

[CrysG]

"Conflict of interests can be defined as any situation in which an individual or corporation (either private or governmental) is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit." -Wiki

Can someone explain the above to me. Apparently being a member of the church your investigating  a "crime" against doesn't fall into it.

[copperfiend]

Mayberry RFD

[Ocklawaha]

I was a member under Homer Lindsey Jr. back in 1980. Homer was always very careful to see that every cent possible went into ministry to the city, the poor, the needy etc... I remember once when he explained the 1st large auditorium he said, "look at the walls, do you know what we used? Just plain plywood with a nice stain, why? Because we should be good stewards of our money.

When we left the area we became Lutherans. As we found a Bible teaching, and loving church.

When I came back to town a couple of years ago, we visited FBC and there was something we felt wrong about. The congregation had shrunk? the spirit seemed low? and judgemental? I don't know what it was but it just didn't feel like home.

It's sad to see such a powerful church, which really could be the catalyst for a new downtown, and perhaps even a new way of life, fall prey to this sort of moneyism. BTW, the church DOES PAY property taxes on all buildings used for commercial purposes - as far as I know that is the Garages. They also pay for the traffic patrol when service traffic comes in or out. Traffic control is something even smaller churches are using more and more.

I could see a Homer Lindsey school for the unemployed, a place where jobs and the poor come together. Feeding programs, dorms, rehab, all sorts of things. I know the church DOES do some of this, but with a budget that big, they could account for every homeless body and every hooker in town. Something just didn't feel right...Thank you Jesus.

OCKLAWAHA

[mtraininjax]

Did the FBC break out the high beams on the lighthouse again?

[stjr]

The T-U is running a follow up article today for those that missed it.  These were some quotes that grabbed my attention:

...Corey defended Hinson's notification of the church.

"Sometimes you need to know who has access to you, who has been watching you, who has been talking very negatively about you," Corey said.

....Hinson followed department policy. It forbids officers from investigating matters involving their own families but permits looking into issues for friends, neighbors and churches, she said.

"Officers are called upon all the time by people they know ... to look into things they have concerns about," Smith said. "That's part of the JSO's relationship with the community."

Similar policies are commonplace among law enforcement agencies, said Roy Hudson, director of law enforcement services for the Tallahassee-based Florida Sheriff's Association.

Sounds right out of George Orwell's "1984" to me.

Full article:

FBC blogger feels privacy was violated
Law enforcement says his privacy rights weren't violated, but there are concerns about the investigation.

A formerly anonymous blogger says his First Amendment and privacy rights may have been violated when authorities revealed his identity to First Baptist Church in Jacksonville.

Police, the State Attorney's Office and a state law enforcement expert disagree.

But experts on criminal investigations, electronic privacy rights and constitutional law say the First Baptist case at the very least raises valid free speech and privacy questions.

Also disputed is whether the detective who identified and outed the blogger acted unethically because he belongs to the downtown megachurch and the security detail of its pastor, the Rev. Mac Brunson.

Since August 2007 Thomas Rich has blogged critically about Brunson's preaching and administrative style. Then a member of the church, Rich blasted everything from what he saw as the minister's extravagant salary and housing accommodations to what he described as a bullying preaching style and coercive fundraising tactics.

Rich said he plans to consult an attorney to determine if his free speech rights and privacy rights were violated when detective Robert Hinson of the Sheriff's Office sought and obtained this past fall the subpoenas that led to his unmasking. Banned from the church since December, Rich filed a complaint against the detective last week with the Jacksonville Sheriff's Office.

Some local and state law enforcement officials said Hinson acted ethically in investigating a case involving his own church. He also was correct to reveal Rich's name to church leaders even after determining no crimes were committed, they said. Current and past prosecutors said the subpoenas issued to Google were properly obtained.

"If it happened again we would handle it the same way," Undersheriff Frank Mackesy said.

Standards for subpoenas

The investigation began Sept. 29 after the church's top administrator, the Rev. John Blount, called Hinson directly, asking him to determine if stolen mail and surreptitious photos of Brunson's wife were related to heightened "vitriol" on Rich's blog, fbcjaxwatch dog.blogspot.com.

As a member of the Sheriff's Office intelligent unit, one of Hinson's responsibilities includes investigating threats against the city's major religious institutions, Mackesy said.

But a subsequent police report omitted any mention of stolen mail or suspicious photographs. It reported only Blount's concern about "an ongoing internet incident with possible criminal overtones."

Mackesy said it's not unusual for some information to be left off of reports to avoid tipping off suspects.

Both State Attorney Angela Corey and her predecessor, Harry Shorstein, said the "Internet incident" issue by itself was enough to justify the subpoenas Hinson sought for Rich's blog. Hinson also subpoenaed two additional blogs that don't focus on First Baptist.

"It may be nothing more than the police officer saying 'this person may be threatening' and we would issue the subpoena," said Shorstein, who was in office at the time of Hinson's investigation.

He added that a much higher burden of proof and a judge's approval are needed to obtain wire taps and search warrants.

First Amendment issues

But Shorstein said he is disturbed that Hinson gave the church Rich's name despite finding no wrongdoing and closed the case Nov. 13. This raises free speech issues, Shorstein said.

"I think it would be inappropriate to use the subpoena power to aid a church or any entity ... to stop someone from using their First Amendment privileges," Shorstein said.

It also could be a violation of a federal privacy act, said John Verdi, staff counsel at the Electronic Privacy Information Center in Washington. The organization seeks to draw public attention to digital privacy and civil rights issues.

The 1986 Electronic Communications Privacy Act requires law enforcement to have legitimate criminal concerns or accusations before seeking the identities of users of any electronic media, including blogs, e-mail, text messages and telephones, Verdi said.

According to the act, "investigations are intended to determine whether a crime has been committed ... and aren't typically undertaken to provide information to private individuals or entities, businesses churches or anything like that," Verdi said.

But Corey defended Hinson's notification of the church.

"Sometimes you need to know who has access to you, who has been watching you, who has been talking very negatively about you," Corey said.

In an age when church shootings and other incidents are commonplace, ministers and law enforcement must be sensitive to every possible threat, she said.

Besides, Corey said, imagine what would happen if the officer didn't reveal the name in a similar situation.

"If a shooting occurred, then the media would be asking why [law enforcement] didn't warn the pastor."

Conflict of interest?

Rich also has complained that the Sheriff's Office allowed Hinson to investigate a matter involving his own church.

Criminologist Concetta Culliver said it's a valid objection.

An officer should never investigate a crime in which he or she "is bound to have a vested interested" in the outcome, said Culliver, who teaches criminal investigation and ethics at Coppin State University in Baltimore.

Efforts should be made to prevent even the perception of a conflict of interest, she said.

"It's his own church and pastor," Culliver said. "That certainly is a big conflict of interest and, in my opinion, unethical."

Sheriff's Office spokeswoman Lauri-Ellen Smith said Hinson followed department policy. It forbids officers from investigating matters involving their own families but permits looking into issues for friends, neighbors and churches, she said.

"Officers are called upon all the time by people they know ... to look into things they have concerns about," Smith said. "That's part of the JSO's relationship with the community."

Similar policies are commonplace among law enforcement agencies, said Roy Hudson, director of law enforcement services for the Tallahassee-based Florida Sheriff's Association.

Investigating a case involving an officer's own church doesn't carry the ethical concerns investigations involving family do, he said.

"Yes church is like a family, but it's not a blood relation," he said. If churches are off limits to church-member officers, then banks, schools and other institutions the investigator has connections with should be, too, Hudson said.

http://www.jacksonville.com/news/metro/2009-04-12/story/fbc_blogger_feels_privacy_was_violated