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CITY OF MIAMI. FLORIDA

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Colonel Kenneth R. Harrison Ccmmnder Operations Support Section

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23 1985 OFFICER APPLlCAN!'

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REn. 5Al - FOS . #35

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ENCLOSUIUS,

'Ibis applicant

. .. bad been approved on August 27, 1982, for inclUsion in the next available .. mE Class. However, prior to the start date of that class, info:mi8.tion was~aevelopect which implicated the applicant in the illicit drug trade. '!bere was anple evidence to indicate that the applicant would be a poor risk.for -. the.position of Police Officer due to his involv~nt . with a"'driJg t~fi~er~ : .~. "

On May 22, 1985, the Personnel Selection Board-consisting of Sgt. T. S~tcher', .Sgt. G. Boyd, .and Lt . A. lbral!~nvened.t(). .re-coasdder .the file in .light of this info~:t.;'o~ . :-;~;t~~1!~libeii:~~on of the;above, ~the Bo~:f~ ,.; mended .the rEDDval'of "Jesus 'V.enocal' s name fran consdderatdon for the .position of Police

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INTER'()FFICE

MEMORANDUM

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Angela R. Bellamy, Director Dept. of HumanResources

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PER 15-3

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R. .Harrison Support Section
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SUBJECT,

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OFFICER APPLICANT

REG. 5Al - POS. #35

REFERENCES:

FROM~enneth

Carmander Operations

DATE: 5/19/82 JESUS MENOCAL

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ENCLOSURES:

After a thorough review of the file of Police Officer AppL Menocal, it is evident that the applicant does not meet the minimumstandards for employment with the City of Miami Police Department.
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Therefore, I request that- ~':~~~ ..M~~al. . ~:: _ nanie-~beremoved from the current Civil Service--Recii.s:ter ,~for the 'position _of Po1.ic~;_Offi~r. '. ''; . f.!'.~.:l'.__ _. . -.~' .. ,' ... _....~:tr.': .......

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CITY OF MIAMI FLORIDA 't

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TO: Major John S. Ross Commander Internal Securit unit

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DATE: June 22, 1984' SU~E~I.S. # 7842X

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REFERENCES: Officer Ignacio Menocal and Police Applicant Jesus ENCLOSURES: Menocal

FROM: Lt. Migue A. EXPO~ Investigator Internal Security unit

ALLEGATION: On December 20, 1982, a confidential informant was introduced to members of the Internal Security unit. The C.I. provided the Internal Security investigators with information implicating Officer IgnacioMenocalin illegal activities. According to the C.l., approximately seven or eight months prior, he had been present when Officer Ignacio .Menocal .appeared . atJthe home "of.a "narcotics---dea'ler wi t,h'some cocaine .that"he had ripped-off from'-ra -buyez , The buyer had just previously purchased the contraband from the narcotics dealer. The C.I. ~lleged that Officer Menocal received between $10,000 andi $15,000 as payment'from the narcotics dealer for having. I returned the cocaine
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It is also alleged that Miami Police Applicant Jesus Menocal agreed to act as a lookout, for the C.,I. dur'Lnq a narcotics transaction and ,that"he ~greed to arrange for'an individual to pull a narcotics rip-off for the C.I. PERSONS INTERVIE~'izD:' ~ 1. 2. Julio Gambino (the C.I.'s assumed name). telephone number in S.I.S. files. Officer Ignacio Manocal Address and
579-6668

Miami Police Department

SUMMARY OF STATEMENTS OF PERSONS INTERVIEWED: Julio Gambino - December 20, 1982 Julio Gambino's statement was taken and summarized by Lieutenant Miguel Exposi~o. Present during the taking of the statement was Sergeant T.O. Sparrow of the Internal Security Unit.

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Julio ,.Gambinostated that he had made a living by testing cocaine for drug dealers and buyers. According to Gambino, approximately seven or eight months prior, he went to the horne of a drug dealer by the name of Luis Vasquez Hernandez. Gambino stated that his reasons for going to Hernandez's horne on that occasion was to test some cocaine for a buyer and to act as a broker in the deal. According to Gambino, the buyer was the owner of two restaurants located in New York City. Gambino stated that he arrived at Hernandez's horne prior to the arrival of the buyer. After his (Gambino's) arrival at Hernandez's horne, Hernandez asked him if he would object if the buyer was ripped-off of the cocaine that he was going to buy from him after he left the house. According to Gambino, he really did not care one way or the ot.he r and he made that known to Hernandez. Gambino stated that a short time after his arrival the buyer pulled up to the house driving a blue rental 1981 Impala. According to Gambino, there were four other persons in the residence at the time, including the owner of another restaurant in Miami. Gambino stated that after testing the cocaine for the buyer, the buyer and Hernandez agreed to make a deal, and the buyer bought one kilo for $51,900. According to Gambino, the buyer left Hernandez's home prior to his leaving. Approximately one hour after the buyer left, Officer Ignac~o Menocal arrived at Hernandez's horne in full City of Miami Police uniform carrying the same package of cocaine that the buyer had left with earlier. Gambino stated that ,he recognized Officer Menocal because his twin brother, JesusJ was a bodyguard for him (Gambino) when he lived at the Mutiny Hotel. According to Gambino, Luis Vasquez Hernandez paid Officer Menocal between $10, 000 and $15,000 from the same money that the "buyer had paid him for the kilo with. Officer Ignacio r.ienocal -,February 27, '19,84 '- '{'i'.aped/Sworn).

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Officer Menocal's statement was taken and summarized by Lieutenant Miguel Exposito. Sergeant Louis Gonzalez was present during the interview. Officer Menocal was advised that an allegation had been m~de against'him by Julio Gambino, and that the allegation was that he had participated in a narcotics rip-off in 1982. Officer Menocal stated that he did not know Julio Gambino and that he had n~ver come in contact with anyone wearing many gold rings. Officer Menocal also stated that he did not know anyone bY,the name of Luis Vasquez Hernandez and that he had not ripped-off any narcotics from anyone, nor transported the same. Officer Menocal stated that he did not know why Julio Gambino would accuse him of stealing cocaine.

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Major John S. Ross, Commander Internal Security unit

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(At this point, 'the taped conversation of Gambino's meeting with 'officer' Menocal" at :'theAirpor.t Marriott Hotel was played for Officer Menocal. -Conversation 1.) After hearing the conversation, Officer Menocal stated that in retrospect he now recalled meeting Julio Gambino, and that he now remembered his conversation with Gambino. According to Officer Menocal, that had been his first and only encounter with Julio Gambino. Officer Menocal stated that his brother had warned him prior to his conversation with Gambino at the Marriott that 'Gambino was no good. Officer Menocal further stated that he gave Gambino his home telephone number because he did not know what proposition Gambino was going to offer. He stated he felt Gambino was going to offer him an off-duty job. According to Officer Menocal, he never he,ard from Gambino again and Gambino never called his b ro'che r , Officer Menocal stated that after his meeting with Gambino at the Marriott, his brother repeated the fact that Gambino was bad news, so he changed his phone number so that Gambino could not recontact him. Officer Menocal stated that he did say to Gambino not to call him at work or those people would find out. According to Officer Menocal, he had no explanation as to what it was that he did not want the station to find out about. Officer Menocal stated that maybe he had made that comment to Gambino because he did not want the Department to find out that someone of Gambino's background would call him. Officer Menocal stated that he was aware that a "tumbe" was the spanish equivalent of rip-off. Officer Menocal further stated that he could not recall Gambino mentioning a "tumbe" to him in their conversation. Officer Menocal stated that he did not report his conversation with Gambino to a supervisor or Internal Security because he did not wapt to get in trouble. Officer Menocal further stated that he did mention his conversation with Gambino to an S.I.S. officer during an off-duty job at the Knights of Columbus Hall. Officer Menocal reiterated the fact that he never heard from Gambino again, neither in person nor by telephone. (At this point, a subsequently taped telephone conversation between Julio Gambino and Officer Menocal was played for Officer Menocal. ,Conversation 3.) Af~er hearing the conversation, Officer Menocal stated that he could not recall the conversation previously, but he did remember it now. Officer Menocal further stated that he had referred Gambino to his brother because his brother wanted to talk to Gambino about some money owed to him. Officer Menocal stated that he could not explain what he meant when he said to Gambino to speak to his brother, and his brother would in turn let him know. According to Officer

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Menocal, maybe what he meant by that comment was that Gambino tell his brother if he had an off-duty job, and his brother would in turn advise him. Officer Menocal stated that maybe he was just brushing off Gambino by referring him to his brother. -

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(At thi_s point, a subsequently taped telephone conversation between Juilo Gambino and Officer Menocal was played. Conversation 6.) .Officer Menocal once again stated that he could not remember the conversation previously, but that he recalled the conversation now. Officer Menocal' stated that after the previous call, in which he told Gambino to call his brother, Gambino did speak with his brother. Officer Menocal further stated that his brother called him after speaking with Gambino, and his brother advised him that many bad people, including dopers were looking for Gambino. According to Officer Menocal, his brother also told him that Gambino wanted them to work for him as bodyguards, and that all they would have to do was to walk around with him. Officer Menocal stated that his brother advised Gambino that they_were not interested in that type of.w0rk. Ofi~er Menocal stated that when he called Gambino in this last call, he also advised Gambino that they were not interested and that his brother was going to become a police officer. According to Officer Menocal, he did not mean anything illegal when he told Gambino that they.were not interested in "anything for now but he'd keep anything in mind". Officer Menocal stated that he was just brushing Gambino off, not that he would consider doing something in the future. Officer Menocal further stated that the only reason why he told Gambino to contact his brother is so that his brother could tell him to get out of their lives. According to Officer Menocal, his brother never told him that he had spoken to Gambino about any illegal activities. Officer Menocal stated that his brother told him that Gambino just wanted them to be bodyguards for fifty dollars. Officer Menocal further stated that his brother never mentioned to him that he and Gambino had spoken about pulling a rip-off, or acting as a lookout in a drug deal. According to Officer Menocal ,-' his brother may have spoken to Gambino about pulling a rip-off or acting as a lookout in a drug~ deal, but talking about it and doing it.are two different. things. Officer Menocal stated that his brother would never have done anything and he' definitely would not do it either.

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Officer Menocal further stated that he could not figure out how the Police Department would take the time to listen to someone like Gambino, who was obviously setting him up, when there were other police officers out there doing things wrong. Officer Menoca~ stated that he did not mention his conversations with Gambino to a supervisor or Internal Security because he did not want to get involved. Officer Menocal also stated that he was afriad that Julio Gambino would kill him if he mentioned it to someone else. Officer Menocal stated that he would not submit to a Polygraph examination concerning the facts covered in his statement. SUMMARY OF TAPED CONVERSATIONS: Converstaion 1: Meeting at the .fv1arriott Hotel - January 23, 1983

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On January 23, 1983 at 0029 hours, Julio Gambino made contact wi th Officer Ignaci,o Menocal at the Miami Airport Marriott Hotel (1201 N.W. 42 Ave.). The conversation was monitored by Lieutenant Exposito and Sergeant T. Seaman. After introducing himself to Officer l-1enocal, Gambino advised Officer Menocal that he had met him previously at My~a's house and that his brother (Officer Menocal's) had also been a bodyguard for him. Gambino then proceeded to tell Officer Menocal that he had a business deal for he and his brother, and that they could make some extra money. Officer Menocal stated to Gambino that he was aware of what Gambino did for a living and he inquired if the proposition -LnvoLved something legal or illegal. Gambino advised Officer Menocal that it involved a rip-off. (Note: It is not known if Officer Menocal heard the part of the conversation concerning the rip-off because' he was-attempting to obtain a pen at the time). Officer Menocal then gave Gambino his business card and a napkin with his home telephone number written on it. Officer Menocal also explained to Gambino that his ~ brother, Jesus, lived in the same house. Gambino agreed to call Officer .. Menocal at home in the near future. Officer Menocal cautioned Gambino not to call him at the police station or they (the Police Department) would find out what they had discussed. Conversation 2: Telephone Conversation - January 27, 1983 - 1653 hr~

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Julio Gambino called Officer Ignacio Menocal's residence and spoke to Jesus Menocal's wife. The telephone conversation was monitored by Lieutenant M. Exposito.

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Gambino asked for Ignacio Menocal. Jesus Menocal's wife stated that he had gone to the gym and she provided Gambino with telephone number 261-7989. Conversation 3: Telephone Conversation - January 27, 1983 - 1655 hrs

Julio Gambino called Officer Ignacio Menoca1 at telephone 261-7989 (Prince He'a"'Ith Spa). The telephone conversation was monitored by Lieutenant M. Exposito. After making contact, Officer Menocal advised Gambino to call his brother, Jesus, at 377-1966. Officer Menocal also advised Gambino that his brother wanted to talk to him. Officer Menocal told Gambino that once he spoke to his brother, his brother would call him and let him know what they d~scussed. Conversation
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Telephone

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- Januarv 27, 1983

1700 hrs

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Julio Gambino called Police Applicant Jesus Menocal at telephone 377-1966 (Four Ambassadors Hotel). The telephone conversation was monitored by Lieutenant M. Exposito. Upon making contact with Jesus Menocal, Gambino explained to him thati. he had a proposition where he and his brother could make some money. Menocal advised Gambino that he had not been paid for the last time that they had worked~. together. Gambino explained to Menocal that the reason why he had not been paid was because he (Gambino) had to leave with the package when things began to happen with the security guard and the cocaine. Gambino advised Menocal that he and his brother, howeve~ could make $5,000 each. Jesus Menocal told ~aJTlbj_no that he wanted to find out first if Gambin~o!.s.propos Lt.Lon would be beneficial 'to -hd.m before doing anything. He also stated that if he could not do it, he would get someone ,else who could do it for him. Gambino and Jesus Menocal then agreed to meet at the Four Ambassadors Hotel. Conversation" 5: Telephone Convers'ation - January 27,' '198'3' '- '1750' hr~

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Julio Gambino called Police ~pplicant Jesus Menocal again " at telephone 377-1966 (Four Ambassadors Hotel). The telephone conversation was monitored by Lieutenant M. Exposito. C.I. 466 advised Jesus Menocal that he could not meet with him today due to the fact that something else had come up. Menocal asked Gambino if his proposition involved getting someone or getting some drugs. Gambino advised him that it

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Major John S. Ross, Commander Internal Security Unit

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pertained to some cocaine. Menocal then cautioned Gambino ' not to talk about those things'A:!n .::the "tel~phone. After.~",~ .... f. being relieved by Gambino about talking on the telephone," Menocal asked Gambino if he wanted the cocaine ripped-off or just moved from one place to another. Gambino explained to Menocal that his intention was to sell the drug to a puyer and then have it ripped-off. G~ino also ,told Menocal that it would be worth $10,'000 to him'to have that done. Menocal asked Gambino if the victim of the rip-off was a mild-mannered person and if he was to be beaten up. Gambino explained to Menocal that the victim was mild-mannered and that all that he wanted was to have the kilo of cocaine ripped-off from him and brought back. Gambino also advised~. Menocal that his brother, Ignacio, had done the same thing':,-"' at Myra's house. Menocal asked Gambino how he knew that" his brother had done that and Gambino stated that he had been present when it had occurred. Menocal then told ':._ . Gambino that he was not interested in pulling the rip~off~' because his face was well known and because too many people were watching him now. He, however, agreed, to act as a~.;~, ~.1: , lookout in a drug deal, so that in the event of any undercover officers appearing, he could identify them for Gambino. Menocal also recommended to Gambino that he do the drug deal at the Four Ambassadors Hotel because he was familiar with the surroundings and he knew where to hide and not be detected. Menocal assured Gambino that his reasons for not pulling the drug rip-off was strictly because it was not beneficial to him. He also offered to find someone with a badge that could do it. 'Menocal and' Gambino agreed to meet at a later date.
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Telephone Conversation

- January 27, 1983 -1755 hrs,

Officer Ignacio Menocal called Julio Gambino back at telephone number 573-9613. The telephone conversation was monitored by Lieutenant M. Exposito. Officer Ignacio Menocal advised Gambino that he had discussed the matter with his brother and he had counselled his brother not to get involved in anything. Officer Menocal also advised Gambino that they were not really'" interested for now, but that he would k~ep anything in~mind anyway. Officer Menocal advised Gambino to go ahead and talk to his brother in person anyway, but that they ,were': not interested.

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" Conversation 7:

Telephone Conversation - Jan'uary 27, 1983 1810 hrs.

Officer Ignacio Menocal called telephone number 573-9613 and he unknowingly spoke to Lieutenant M. Exposito. Officer Menocal believing; that Lieutenant Exposito was just someone standing near the pay phone, asked where that pay phone was located.
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Meeting at Castle Park - March 4, 1983

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On March 4, 1983 at 1852 hours, .Julio Gambino niade cont.act, with Police Applicant Jesus Menocal at Castle Park - Miami (7775 N.W. 8 St.). The conversation was monitored by Lieutenant M. Exposito and Sergeant T. Seaman. Upon their initial encounter, Gambino asked Jesus Menocal why he had left his job at the Four Ambassadors Hotel. . Menocal responded by advising Gambino that he was making better money working at Castle Park. Gambino asked Menoc.al what he had decided to do concerning what he had mentioned to him during their previous conversations (pulling the drug rip-off or acting as a lookout during a drug deal, so that he could identify any undercover police officers). Jesus Menocal stated to Gambino that things were really hot in Miami now with all the Federal agents being brought here as part of the Vice-Presidential Task Force. Jesus Menocal went on to say that the narcotics business was bad now with all the new faces in town. Menocal advised Gambino that due to the fact that things were so hot in Miami, he was not interested in becoming directly involved in a rip-off or _being a lookout, but that he would 'be willing to get someone with a badge to pull the rip-off for him at such time as he would be hired-by the Miami Police Department. Menocal stated that he did not want to jeopardize his chances of being hired. FACTS DRAWN FROM THE INVESTIGATION: 1. 2. Julio Gambino is an informant and an admitted cocaine tester. On January 23, 1983, Gambino made contact with Officer Ignacio Menocal at th~ Marriott Hotel. The conversation was monitored and recorded.

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Julio Gambino advised Officer Menocal a business proposition, for'him.

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Officer Menocal told Gambino that he was aware of what Gambino did for a living and he inquired if the business proposition was legal or not. Officer Menocal then provided Gambino with his horne telephone number" and he warned Gambino not to call him at work or "those people would find out". On January 27, 1983 at 1655 hours, Julio Gambino contacted Officer Menocal via the telephone. The call was monitored and taped. During the call, Officer Menocal directed Gambino to call his brother, Police Applicant Jesus Menocal. Jesus Menocal had been Julio Gambino's bodyguard in the past. On January 27, _19'83at 110,0 hours, 'Julio GambinO'-; contacted Poli,ce Applicant Jesus Me'nocal via the tel~phone. - The call was monitored and ~aped. During the call, Gambino advised Menocal tha~~e had a business proposition for him in which he and his brother could make $5,000 a piece. Menocal stated to G.~ino-that he would have to find out if the proposition would be beneficial to him prior to accepting it, but that in any case if he oou Ld not do it, he would ge t someone else who could. On January 27, 1983 at 1750 hours, Julio Gambino recontacted Police Applic~nt Jesus Menocal via the telephone. During the subs~quent cqnversation, Menocal inquired if Gambino. wan.ted him to get someone or just get s.ome drugs. Gambino explained to' Menoca,l-that he needed for him to rip-off some ' cocaine. -Menocal then cautioned Ga,mbino not to talk about those things on the telephone and he inquired if the victim of the rip-off was to be beaten.' When Gambino advised Menocal that it would not be necessary to beat the victim; Menocal ~old Gambino that he was not interes,ted in a rip-of.f: Because his face was well known and. because too many people were watching 'him now due to his recent police enlistment. Menocal however, agreed to act as a lookout in a drug deal.

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On January 27, 1983 at 1755 hours, Officer Ignacio Menocal contacted Julio Gambino via the telephone. During the conversation, Officer Menocal told Gambino that he had just talked to his brother and they had decided not to get involved in anything. Officer Menocal also advised Gambino that they were not really interested in anything for now but that they would keep it in mind anyway. Officer Menocal also told Gambino that it would be alright for him to contact his brother in .person. On January 27, 1983 at 1810 hours, Officer Ignacio Menocal called the pay phone from which Gambino had spoken to him from, and he attempted to ascertain the location of the same. On March 4, 1983 at 1852 hours, Julio Gambino contacted Police Applicant Jesus Menocal at Castle Park Miami. The conversation was monitored by Internal Security personnel. During the conversation, Menocal stated that things were really hot in Miami at the time, with all the Federal agents that had been brought in as part of the Vice-Presidential Task Force. Menocal also stated that due to the fact that things were so hot, he was not interested in becoming directly involved in a drug rip-off or acting as a lookout, but that he would be willing to get someone with a badge for the rip-off at such time as he would be .hired by the Miami Police Department On March 5, 1983, Officer Ignacio Menocal advised S.l.S. Investigator Raymond Betancourt at an off duty job that his brother had been contacted by a subject named Julio Gambino and that Gambino wanted his brother to be a bodyguard for him. Officer Menocal also advised Betancourt that he had warned his brother to stay away from Gambino. Officer Menocal also inquired if Investigator Betancourt investigated other policemen as part of his duties in S.l.S., to which Betancourt responded that only on narcotic-related cases. Betancourt also warned Officer Menocal to stay. away from Gambino because he might be a doper.' Investigator Betancourt wrote a report concerning his conversation with Officer Menocal.

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Officer Ignacio Menoca1 never advised a supervisor or Internal Security of his encounters with Julio Gambino. On March 6, 1984, Police Applicant Jesus Menoca1 '. was terminated from the roster as a viable candidate for police officer with the Miami.Po1ice Department. This action took place as a direct result of this investigation. OF THE INVESTIGATION:

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SUMMARY

On December 20, 1982, Julio Gambino (an assumed name) was introduced to Internal Security investigators Lieutenant Miguel Exposito and Sergeant T.O. Sparrow by other law enforcement officers. Gambino had worked with several law enforcement agencies previously and they were very impressed with his work. Among the agencies that Gambino had worked with were the Union County Prosecutor's Office in New Jersey, Metro-Dade O.C.B., Metro-Dade Auto Theft, the U.S. Postal Inspector's Office, and the U.S. Secret Service. During the initial meeting Julio Gambino provided the Internal Security investigators with the following information: Gambino stated that he tested cocaine for drug dealers and buyers for a living. According to Gambino, approximately seven or eight months prior he went to the home of Luis Vasquez Hernandez. According to Gambino, Hernandez is a drug dealer in Miami. Gambino stated that his reason for going to He~nandez's home on that occasion was to test some cocaine for a buyer and to act as a broker in the deal. Gambino stated that the buyer was the owner of two well known restaurants in New York City. According to Gambino, he arrived at Hernandez's home prior to the buyer's arrival. When he arrived, Hernandez asked him if he would object if the buyer was ripped-off of the cocaine that he was going to buy from him after he left the house. Gambino stated that he advised Hernandez that he did not care one way or the other. According to Gambino, a short time later the buyer arrived at Hernandez's house driving a 1981 rental Impala, blue in color. Gambino stated that there were four other occupants in the house at the time, including the owner of another restaurant in Miami. According to Gambino, after testing the cocaine for the buyer, the buyer and Hernandez agreed on a'price of $51,900 for one kilo and the deal was consummated. Gambino stated that the buyer left Hernandez's home prior to his leaving. Approximately one hour after the buyer left, Officer Ignacio Menoca1 arrived at Hernandez's home in full City of Miami Police ..
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Major John S. Ross, Commander Internal Security Unit I.S. Case No. 7842X

uniform carrying the same package of cocaine that the,_. buyer had left with earlier. According to Gambino, he' recognized Officer Menocal because his twin brother had been his bodyguard when he lived at the Mutiny Hotel. Gambino stated that Luis Vasquez Hernandez paid Officer Menoca1 between $101000 and $15,000 from the same money that ,the buyer had utilized to pay for the kilo with. According to Gambino, that was all of'the knowledge that he had of the incident and he did not witness the actual rip-off. On January 23, 1983 at 0029 hours, Julio Gambino contacted Officer Ignacio Menocal at the Miami Airport Marriott Hotel (1201 N.W. 42 Ave.). The conversation between Gambino and Officer Menocal was monitored and recorded by Lieutenant M. Exposito and Sergeant T. Seaman. After introducing himself to Officer Menocal, Gambino advised Officer Menocal that he had met him previously at Myra's house and that Officer Menocal's brother had been his' bodyguard. Gambino then proceeded to tell Officer Menocal that he had a business proposition for he and his brother, where they could make some extra moneyJ Officer Menocal stated to Gambino that he was aware ofiwhat he did for a living and he inquired if the propositio~ involved something legal or illegal. Gambino advised Officer Menocal that the proposition involved a rip-off. (It is not known if Officer f.1enocal heard the part of the conversation pertaining to the rip-off because he was attempting to obtain a pen at the time'.) Officer Menocal then gave Gambino his business card and a napkin with his home telephone number written on it. Officer Menocal also explained to Gambino that his brother, Jesus lived in the same house. Gambino agreed to call Officer Menocal at horne in the near future. Officer Menocal cautioned Gambino not to call him at the police station or they (the Police Department) would find out what they had discussed. On January 27, 1983 at 1655 hours, Julio Gambino recontacted Officer-Ignacio Menocal via the telephone at the Prince Health Spa. The telephone conversation between Gambino and Officer Menocal was monitored and recorded by Lieutenant M. Exposito. After making contact, Officer Menocal advised Gambino to call his brother Jesus at work and he provided Gambino with the telephone number where his brother could be reached. Officer Menoca1 also told Gambino that once he (Gambino) spoke to his brother" l!4:.s brother would in turn call him and let him know what' they discussed.

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Major John S. Ross, Commander Internal Security unit I.S. Case No. 7842X

On January 27, 1983 at 1700 hours, Gambino contacted Miami Police Applicant Jesus Menocal at the telephone number provided by Officer Ignacio Menocal. Upon contacting Jesus Menocal, Gambino explained to Menocal that he had a proposition where he and his brother could make some money. Menocal advised Gambino that he had not been paid for the last time that they had worked together. Gambino then explained to Menocal that the reason why he had not been paid was because he (Gambino) had to leave with the package when things began to happen with'the security guard and the cocaine. Gambino went on to advise Menocal that he and his brother, however, could make $5,000 apiece in this deal. Menocal told Gambino that he wanted to find out first if Gambino's proposition would be beneficial to him prior to doing anything. He also stated that if he could not do it, he would get someone else that could do it for him. Gambino and Menocal then agreed to meet at the Four Ambassadors Hotel. On January 27, 1983 at 1750 hours, Julio Gambino'recontacted Police Applicant Jesus Menocal via the telephone at the previously called number. The telephone conversation was monitored and recorded by Lieutena.nt M. Exposito. Gambino advised Menocal that he could not meet with him as planned. Menocal then ~nquired of Gambino if his proposition involved getting someone or getting some drugs. Gambino advised Menocal that the proposition involved obtaining some cocaine. Menocal cautioned Gambino not to talk about those things on the telephone. After being relieved by Gambino about talking on the telephone, Menocal asked Gambino if he wanted the cocaine ripped-off or just moved from one-ip Lace '00 .anotiher , Gambino explained to Menocal that his intention was to sell the drug to a buyer and then have it ripped-off. Gambino also told Menocal that it would be worth $10,000 to him to have that done. Menocal asked if the victim of the 'rip-off was mild-mannered or if he was to be beaten up. Gambino explained that the victim was mild-mannered and that all he needed was to have the kilo of cocaine ripped-off and then brought back to him. Menocal then advised Gambino that he was not interested in pulling the rip-off because his face was well known and because too many people were watching him now. He, however, agreed to act as a lookout in a drug deal so that in the event of any undercover officers arriving, he could identify them to Gambino. He also recommended to Gambino that the drug deal be completed at the Four Ambassadors Hotel because he was familiar with the surroundings and he knew where to conceal himself and not be detected. Menocal assured Gambino that his reasons for not pulling the drug rip-off was strictly because it was not beneficial to him. He also offered to secure someone with a badge that could do it. Gambino and

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Major John S. Ross, Commander Internal Security Unit

I.S. Case No. 7842X

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Henocal agreed to meet at a later date. On January 27, 1983 at 1755 hours, Officer Ignacio Menocal contacted Julio Gambino via the telephone. The telephone conversation was monitored and recorded by Lieutenant M. Exposito. Upon contacting Gambino, Officer Menocal advised Gambino that he had conferred with his. brother, and that he had cQunselled his brother not to become involved in:anything. Officer Menocal also told Gambino that",he and his brother were not really interested' for now, but that he would keep anything in mind anyway. Officer Menocal 'advised Gambino to go ahead and contact his brother Jesus in person anyway, but that they were not interested in anything for now. On January 27, 1983 at 1810 hours, Officer Ignacio Menocal called the pay phone from which Julio Gambino had made his previous calls. Officer Menocal inquired as to the whereabouts of the pay phone. On March 4, 1983 at 1852 hours, Julio Gambino contacted Police Applicant Jesus Menocal at Castle Park - Miami (7775 N.W. 8 St.). The conversation between Gambino and Menocal was monitored by Lieutenant M. Exposito and Sergeant T. Seaman. Upon making contact, Gambino asked Menocal what he had decided to do concerning what they had discussed previously. Menocal advised Gambino that things were really hot in Miami now with the reassignment of Federal agents to the Miami area as part of the Vice 'Presidential Task Force. Menocal also stated that due to the fact that things were so hot in Miami, he was not interested in becoming directly involved in a rip-off or acting as a lookout in a drug deal. Menocal, however, agreed to get someone with a badge to pull the rip-off for Gambino at such time as he would be hired by the Miami Police Department. Menoca1 stated that he did not want to jeopardize his chances of being hired. After Gambino's meeting with Police Applicant Jesus Menoca1 on March 4, ,1983, it was determined that the investigation had come to a conclusion, since Jesus Menocal had decided that he would not assist Gambino any further until such time as he became a police officer. It,was also at that time that Gambino became involved in high level narcotics investigation. As a result of Gambino's involvement in those narcotics investigations, it was necessary that his identity be kept confidential for the longest amount of time possible. On March 6, 1984, Police Applicant Jesus Menoca1 was terminated from the eligible roster as a viable candidate for the position of police officer with

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Major John S. Ross, Commander Internal Security Unit

I.B. Case No. 7842X

the Ci~y of Miami. That action occurred as a direct result of this investigation. On March 5, 1983, Officer Ignacio Menocal advised 5.1.5. Investigator Raymond Betancourt at an off-duty job that his brother had been contacted by a subject named Julio Gambino, a subject that wore many gold rings, and that Gambino wanted his brother to be a bodyguard for him. Officer Menocal also advised Betancourt that he had warned his brother to.stay away from Gambino. Officer Menocal also inquired if Investigator Betancourt investigated other policemen as part of his duties in 5.1.5., to which Betancourt responded that only on narcotic-related cases. Investigator Betancourt also warned Officer Menocal to stay away from Gambino because he might be a doper. Subsequent to his conversation with Officer Menocal, Investigator Betancourt wrote a report concerning his conversation with .. Officer Menocal. In his report, Investigator Betancourt covered all the points that were discussed between Officer Menocal and himself. Officer Menocal never advised a : supervisor or Internal Sec~rity of his encounters with Julio Gambino. A sworn statement was taken from Officer Ignacio Menocal on February 27, 1984 concerning his dealings with Julio Gambino, and his possible involvement in illegal activities. Initially during his sworn statement, Officer Menocal stated that he did not know anyone by the name of Julio Gambino and that he had never come in contact with anyone wearing many gold rings. Officer Menocal a l.s o stated that he did not know anyone by the name of Luis Vasquez Hernandez and that he had not ripped-off any narcotics from anyone, nor transported the same. According to Officer Menocal, he did not know why Julio Gambino would accuse him of stealing cocaine. The taped conversation of Gambino's meeting with Officer Menocal at the Miami Airport Marriott Hotel was played for Officer Menocal (conversation #1). Arter hearing the conversation, Officer Menocal stated that in retrospect, he recalled the meeting with Gambino but that this had been his first and only encounter with this subject. Officer Menocal also stated that his brother Jesus had warned him prior to that conversation that Gambino was no good. Officer Menocal admitted to giving Gambino his home telephone number, but only because he felt Gambino was going to offer him an off-duty job. According to Officer Menocal, he changed his home telephone number subsequent to that meeting and he never heard from ~ambino again.

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Major John S. Ross, Commander Internal Security unit

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Officer Menocal stated that Gambino also never contacted his brother. Officer Menocal admitted that he had told Gambino not to call him at work or those people would find out. According to Officer Menocal, he had no -explanabion as to what it was that he did not want the station to find out about. Officer Menocal stated that maybe he had made that comment to Gambino because he did not ~ant the Police Department to find out that someone of Gambino's background would call him. According to Officer Menocalj he could not recall Gambino mentioning a rip-off to him during their conversation. Officer Menocal stated that he did not report his conversation with 'Gambino to a supervisor or Internal Security because he did not want to get into trouble. Officer Menocal further stated tha,t he did mention his conversation with Gambino to an S.I.S. Officer during an off-duty job at the Knights of Columbus Hall. Officer Menocal reiterated the fact that he never heard from Gambino again, neither in person or by phone. A subsequent telephone conversation between Julio Gambino and Officer Menocal was played for Officer Menocal (conversation #3). After hearing the conversation, Officer Menocal stated that he could not recall the conversation previously, but he did remember it now. According to Officer Menocal, during his conversation with Gambino he referred him to his brother because his brother wanted to talk to Gambino about some money that Gambino owed him. Officer Menocal however, could not explain what he meant when he said to Gambino to speak to his brother, and his brother would in turn let him know. According to Officer Menocal, what he possibly meant by that comment was that Gambino tell his brother should he have an off-duty job for him, and then his brother would let him#know. Officer Menocal also stated that he may have just been brushing off Gambino by referring him to his brother. A subsequent telephone conversation between Julio Gambino and Officer Menocal was played for Officer Menocal (conversation #6). Upon hearing the conversation, Officer Menocal once again stated that he could not remember the conversation previously, hut that he could recall it now. According to Officer Menocal, after the previous call in which he told Gambino to call his brother, Gambino did speak with his brother. Officer Menocal stated that his brother called him after speaking with Gambino, and his brother advised him that many bad people, including dopers, were looking for Gambino . According to Officer Menocal, his brother also told him that Gambino wanted them to provide security for him as bodyguards, and that all they would have to do was walk around with him. Officer Menocal stated that his brother told him that he had advised Gambino that they were not interested in that type of work. According to Officer Menocal, when he called Gambino in this last call,

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Major John S. Ross, Commander Internal Security unit I.S. Case No. 7842X

-he also advised Gambino that they were not interested and that his brother was going to be a police officer. ,Officer Menocal also stated that he was not referring to anything illegal when he told Gambino that they were not interested in "anything for now but he'd keep anything in mind". Officer Menocal stated that his intention-was to brush off Gambino and not that hewould consider doing something in th.e future. According to Officer Menocal, when he told Gambino to contact his brother, he di'd it with the intention that his brother could tell Gambino to get out of their lives. Officer Menocal stated that his brother never told him that he and Gambino had discussed any illegal activities. According to Officer Menocal, his brother may have discussed pulling a rip-off with Gambino or acting as a lookout in a drug deal, but he felt that talking about it was different from actually doing it. Officer Menocal stated that neither he nor his brother would ever do anything illegal. According to Officer Menocal, he-did not mention his conversations with Gambino to a supervisor or Internal Security because he did not want to get involved in anything and because he was afraid that Gambino-would kill him if he did. The iiwestigati!on cannot clearly and factually show that Officer Menoc-ai was or was not involved in a narcotics rip-off in 1982, and that he recieved $10,000 to $15~000 as payment from a narcotics dealer for returning the contraband. What the investigation did reveal is that Officer Menocal knew that Julio Gambino was a person of questlonable character yet Officer Menocal provided Gambino with his horne telephone number and he invited Gambino to call upon him if he had a necessity to contact him. The facts of the case also indicated that Offioer Menocal mayor may not have khown that his brother, Police Applicant Jesus Menocal, was involved in p1anning a drug rip-Qff or acting as a lookout in a drug deal. The telephone conversations between Gambino, Jesus Menocal, and Ignacio Menocal gave the impression th~t Jesus was telling Officer Ignacio Menocal that Gambino was looking for them to pull a rip-off or act as a lookout, however it is not known if in fact Otficer Menocal was apprised of the situation since his conversations with Je-sus could not be .monftared. The only conversation that is questionable is the one ,that took place on January 23, 1983 at tne Marriott Hotel, wherein Gambino advised Officer Menocal that he wanted him to pull a rip-off for him. What

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Major John S. Ross, Commander Internal Security Unit

I.S.'Case No. 7842X

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s "this conversation questionable is the fact that it is not known if Officer Menocal had his attention focused~ on tne conversation or if he was asking someone else for a pen at the time. A determination cannot'; be made. The: investigation revealed that Police Applicant Jesus Menocal was waiting for,the opportunity to become a police officer with the City of Miami, prior to assist-ing Gambino in a plot to pull a rip-off or act as a Lookout; on a drug deal. There is no disputing that fact, based on monitored and: taped conversations.

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The facts of the case also revealed that Officer Ignacio Menocal was untruthful during his sworn statements to Internal Security on February 27, 1984. Officer Menocal was untruthful about the number of times that he came in contact with Gambino and the context of his conversations with him. Officer Menocal's statement gave the impression that he knew what Gambino and his brother had discussed, and, he was attempting to cover up or protect his brother. " Many of these unanswered questions, however, could not be resolved by Officer Menocal. Assistant State Attorney Peter Outerbridge was contacted in reference to this case. The State Attorney's Office declined to take prosecutorial action against Jesus Menocal in this matter. FINDINGS: 1. The allegation of misconduct against Officer Ignacio Menocal for his alleged involvement in a drug rip-off is Inconclusive. The allegation of misconduct against Officer Ignacio Menocal for being untruthful is''Substantiated. The allegation of improper procedure by not reporting his dealings with Julio Gambino to a supervisor or . Internal Security is Substantiated.

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Officer Ignacio Menocal is in violation of City of Miami Civil service Rule 14.2 (.h),which reads; Grounds for Dismissal, Suspension' a'ndDemotion. The follow~ng are declared to constitute a breach of duty and to be grounds for dismissal or suspension from the classified service or grounds for demotion, though charges may be based upon causes other than those enumerated; viz, that any employee who has been guilty of conduct unbecoming any employee of the City of Miami, who: Has been guilty of

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Major John S. Ross, Commander Internal Security

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actions which amount to insubordination or disgraceful conduct, whether committed on duty or off. Officer Menocal is also in v~olation of the following Departmental Rules and Regulations: A. Rule and Regualtion 3.35.13.35 which reads;

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~enera1 Offenses - Disciplinary Action: A member of the Department found gu~lty of violating a rule or regulation, or any of the provisions of general or special prder, or upon conviction in a court having criminal jurisdiction, or anyone of the followjng listed offenses, shall be subject to reprimand, s usperis Lon , dismissal, or suffer such other disciplinary action as the Chief of Police may impose.
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Association with undersirable, immoral, or questionable characters, except in the line of duty. B. Rule and 'Regulation 3.103.1 which reads;

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Members to be Truthful: Any member who departs from the truth, e~ther ~n g~v~ng testimony, or in connection with any official order received by him, or in his official duties, shall be considered in violation of this rule, and subject to charges being filed. Members and employees are required to speak the truth at all times and under all circumstances, whether under oath or otherwise, except in cases where they are not allowed by Rules and Regulations to '.di vulge the acts within their knowledge, in which case they will say nothing. On March 6, 1984, Police Applicant Jesus Menocal was terminated from the 'eligible roster as a viable condidate for the p.osi tion of police officer with the City of Miami

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