Conduct of Sheriff Carmine Marceno

A complaint was filed by Deanna Williams against Lee County Sheriff Carmine Marceno
with the Florida Department of Law Enforcement (FDLE), Office of Executive
Investigations (OEI). The general assertion of the complaint was that Sheriff Marceno
had made threats to Williams after she had become pregnant with child. Case Number
EI-73-8657 was assigned to the investigation.
The conclusions reached by FDLE is found on page 5 of Case EI-73-8657 and states
the following:
“…..it is determined the information provided did not constitute a criminal predicate that
would warrant a criminal investigation by FDLE at this time.”
However, what was not considered by FDLE were secondary issues relating to other
actions committed by Sheriff Marceno that require a comparison of his (Sheriff Carmine
Marceno) official conduct to the Law Enforcement Ethical Standards of Conducti as
established and enforced by Florida Department of Law Enforcement and CJSTC
(Criminal Justice Standards and Training Commission).
The purpose of the establishment of these standards is to define “conduct unbecoming
a police officer”. FDLE policy states that, “Law enforcement effectiveness depends upon
community respect and confidence. Conduct which detracts from this respect and
confidence is detrimental to the public interest and should be prohibited. The policy of
this Department is to investigate circumstances suggesting an officer has engaged in
unbecoming conduct, and impose disciplinary action when appropriate”ii.
The standards further defines the scope of the policy as, “This policy applies to all
officers of this agency engaged in official duties, whether within or outside of the
territorial jurisdiction of this agency. Unless otherwise noted, this policy also applies to
off duty conduct as well. Conduct not mentioned under a specific rule, but which violates
a general principle is prohibited. This policy is organized into eight principles governing
conduct unbecoming an officer. The rationale explaining the principle and a set of rules
follow each principle”iii.
The standards outline eight principles to officer conduct which includes Principle Seven
which states:
Principle Seven

Police officers shall not compromise their integrity, not that of their Department or
profession, by taking or attempting to influence actions when a conflict of interest exists.

Rationale

For the public to maintain its faith in the integrity and impartiality of police officers and
their Departments, officers must avoid taking or influencing official actions where the
officer's actions would or could conflict with the officer's appropriate responsibilities.

1
Conduct of Sheriff Carmine Marceno

Rules

7.1 Police officers shall, unless required by law or policy, refrain from becoming involved
in official matters, or influencing actions of other police officers in official matters,
impacting the officer's immediate family, relatives, or persons with whom the officer has
or has had a significant personal relationship.

7.2 Police officers shall, unless required by law or policy, refrain from acting or
influencing official actions of other police officers in official matters impacting persons
with whom the officer has or has had a business or employment relationship.

7.3 Police officers shall not use the authority of their position as police officers, or
information available to them due to their status as police officers, for any purpose of
personal gain including, but not limited to, initiating or furthering personal and/or
intimate interactions of any kind with persons with whom the officer has had contact
while on duty.

7.4 Police officers shall not engage in any off duty employment if the position
compromises or would reasonably tend to compromise the officer's ability to impartially
perform the officer's official duties.
FDLE has oversight of the Criminal Justice Standards and Training Commission which
has oversight of the certification of police officers in the State of Florida.
The goal of the CJSTC states the following: “The State of Florida, through the Criminal
Justice Standards and Training Commission (the Commission), oversees the
certification, employment, training, and conduct of its law enforcement, corrections and
correctional probation officers. The vast majority of these officers are professionals who
take pride in ensuring the safety and welfare of the citizens of this state. Officers are
entrusted with certain powers and responsibilities which enable them to fulfill their
important role in society.iv”
Further it is found that enforcement of the Certified Officer’s conduct is found in:
Florida Statute 943.12 grants the Commission authority to certify criminal justice
officers, and once a certificate is issued, grants the Commission the authority to
discipline the officer’s certification if the officer fails to maintain the standards of
certification listed above.

The Commission may discipline an officer’s certification if the officer:

 pleads nolo contendere, pleads guilty, or is convicted of a felony;

 pleads nolo contendere, pleads guilty, or is convicted of a misdemeanor involving
perjury or false statement;
 fails to maintain good moral charter as defined by Florida Statute and Florida
Administrative Code.

2
Conduct of Sheriff Carmine Marceno

Discipline to an officer’s certification is separate and distinct from any disciplinary action
taken by the officer’s employing agency for violations of agency policy and procedure.
The Commission’s decision in no way reflects upon the investigation, findings,
conclusions, and/or disciplinary action of the employing agencyv”.
As such an investigation should be conducted into the behavior of Sheriff Carmine
Marceno based on the following facts:
Interaction of Marceno and Williams
There is no factual dispute that both parties, Williams and Marceno, entered into a
personal relationship with each other. Marceno in an interview with FOX News in Fort
Myers assumed full responsibility for the relationship shortly after the issue became
public and indicated that he was going “to make it right”. This was the only public
comment that was made by Sheriff Marceno as it related to the Williams issue.
Williams in a television interview with Steel Truth and FOX News Fort Myers clearly
indicates that she was interest in having someone in Law Enforcement take her
reported $200,000.00 theft with an in depth investigation in an effort to recover these
funds. The Lee County Sheriff Economic Unit was handling the investigation and was in
communication with Williams who had reported the theft.
Sometime in early July 2018, Undersheriff Marceno interjected himself in the
investigation by contacting Williams through Facebook Messaging. This led to a
physical relationship in which Williams became pregnant. Williams indicated that she did
not want a romantic relationship with Marceno but was also conflicted with the issue of
“getting her money back”.
Further, it is noted in an investigation conducted by FDLE (acting on a complaint that
Marceno had made threats toward Williams) the following documentation found in the
report should be considered secondary issues that require an investigation as it relates
to “Conduct Unbecoming of An Officer”.
Page 3 of FLDE EI-73-8657 states under the “Abuse of Position” the following:
“Williams advised that Marceno seemed to be an exhibitionist because he always
wanted to have sex in public and in his official vehicle. They often went on dates in his
official vehicle. She did not know whether he was on or off duty.”
The Standards clearly state that the “conduct unbecoming” may occur on or off duty.
When an officer is operating a police vehicle he is acting in his capacity as a police
officer and he is subject not only to those standards provided by CSJTC but also the
department standards. To settle for anything less would provide a pathway for a on duty
officer to claim he was off duty on a lunch break to avoid any issue that may have taken
place as related to the described event.
The writer of the report (FDLE EI-73-8657) goes on to state in the next paragraph,
“Williams advised she did not have solid proof of a lot of the things alleged against

3
Conduct of Sheriff Carmine Marceno

Marceno. She was contacted by women who Marceno has either had sex with or made
sexual advances towards after their dealings with law enforcement due to drug or
alcohol related incidents. Williams explained she believed Marceno chose these women
because of their lack of credibility.”
There is a failure to follow up on these statements. It is not up to the victim to provide
solid proof. Further, it is imperative that when an investigator is made aware of
additional investigative issues that this requires expanded efforts to either clear the
accused or follow up on the facts. There is no attempt to make these victims (including
Williams) creditable by asking the names of the others involved and obtaining
statements as to the actions of Marceno. The basic investigative technique involving
those that are accused of lack of credibility is to seek out all parties involved and
attempt to place physical evidence to the event and place it into the record.
Further, the writer of the report (FDLE EI-73-8657) documents the following on page 4:
“Williams said she felt Marceno chose her because he knew what she had been
through. He also knew she had been celibate for a long time and wanted to be the one
to break that streak. Williams was waned by others that he used his position to get
women. This bothered her because she felt that was exactly what he had done. Further,
nothing was ever done with her complaint because he told her he could not be
associated with the case and that no one could ever know how they met. He told her to
tell people they met through Facebook.”
Again, the basic follow up to establish credibility is not taken. Who are these women
that had similar experiences? Williams is not asked this. Why did he now (after
intervention into the case) exit and instruct Williams that if anyone ask, she was to tell
them that they had met through Facebook. Is the normal way and method used by Lee
County Sheriff investigators and staff to seek out victims on follow up? It leads one to
believe that this directive given to Williams by Marceno is an effort to not to expose the
initial contact.
No attempt is made to question Sheriff Marceno as it relates to these described events
and place his testimony on the record. Marceno was willing to appear on a television
station and give a statement shortly after the reported event why not make it part of the
record.
Further, Williams has been interviewed by a number of media groups in which her
statement is consistent. Another basic investigative tool is the comparison of those
statements made both in the public and to FDLE investigators. If these statements are
consistent then this will produce credibility of the person making them. Truth is easy to
remember.
Williams further on Page 3 of (FDLE EI-73-8657) makes a statement in which there is
no follow up questions to her. Williams stated that she suspected that Marceno had
taken pictures of her and or recorded her in compromising situations. Some of these

4
Conduct of Sheriff Carmine Marceno

events may have taken place at his (Marceno’s) residence. Further, during this same
time period the Lee County Sheriff Office is conducting an active criminal investigation
in which Williams is the victim.
One of the troubling parts of the report is on page 3 in which the writer states the
following:
“Williams also recalled an incident where she suspected Marceno taking a picture of her
performing a sexual act on him while he was driving. When she asked him if he had
taken a picture, he said no he was changing the radio station with his Bluetooth.
Williams advised she did not make a big deal out of it because she had been drinking.”
Williams is not asked if this was one of the times that he was driving his official vehicle.
Use of the official vehicle within the confines of this activity would violate LCSO rules
and regulations if not that of CJSTC.
It is further noted that if one was to review the Internal Investigative files of the Lee
County Sheriff one would find that similar conduct has resulted in the discharge of the
officer by LCSO and removal of certification by CJSTC.
These actions of Sheriff Marceno require an in depth investigation to determine if he
should continue to be certified police officer in the State of Florida. The standards
should apply to all officers that are certified in the State of Florida and have even
greater adherence to those in command if they are to lead.
There may be an argument that this is political due to the upcoming election but that
should not provide cover for behavior that is inconsistent with conduct that is expected
of a law enforcement officer. In fact, if an intensive investigation reveals no wrong doing
by Marceno that would provide him with a positive argument in his campaign effort.
The Florida Commission on Ethicsvi which “has the authority to review and investigate
complaints concerning possible violations of the State's ethics laws by state and local
elected or appointed public officers and public employees and others as designated by
Florida law”. There is within this agency a process that protects the political aspects by
complying with Section 112.324, Florida Statutes, which states; “no complaint or referral
may be filed or disclosed with respect to a candidate for election within 30 days
immediately preceding the date of the election, unless the complaint or referral is based
upon personal information or information other than hearsay.” This complaint is well
outside the electoral process.
If FDLE (CJSTC) indicates that there has been no complaint as it relates to “conduct
unbecoming of an officer” this letter represents a formal complaint with a desire to have
an investigation initiated.

5
Conduct of Sheriff Carmine Marceno

i https://www.fdle.state.fl.us/CJSTC/Officer-Requirements/LE-Ethical-Standards-of-Conduct.aspx
ii https://www.fdle.state.fl.us/CJSTC/Officer-Requirements/LE-Ethical-Standards-of-Conduct.aspx
iii https://www.fdle.state.fl.us/CJSTC/Officer-Requirements/LE-Ethical-Standards-of-Conduct.aspx
iv https://www.fdle.state.fl.us/CJSTC/Professional-Compliance/PC-Process-Overview.aspx
v https://www.fdle.state.fl.us/CJSTC/Professional-Compliance/PC-Process-Overview.aspx
vi http://www.ethics.state.fl.us/Documents/Forms/Complaint%20Form.PDF?cp=2019815