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For about seven years Collier County sheriff’s Deputy David E. Rich, a motorcycle enthusiast, m... Collier deputy fired after
For about seven years Collier County sheriff’s Deputy David E. Rich, a motorcycle enthusiast, maintained a Web site chronicling his and his wife’s experiences at outdoor motorcycle events.
The Web site, which he said was meant only to be viewed by friends but had more than 50,000 hits, contained an online message board and photos of people having a good time at the events.
But in December, Rich, 38, was fired after an internal investigation revealed the Web site not only contained photos of people having innocent fun, but also of nude women and women performing oral sex. Also, during a separate investigation stemming from a failed polygraph test, Rich admitted to having witnessed online pornography involving minors, authorities said.
Rich, who is now employed with the private investigation firm Ortino Investigations, described the Web site as a “hobby-type fun thing,” and said the photos of women engaging in oral sex were posted inadvertently or were overlooked, a Sheriff’s Office report shows. And he said in an appeal that polygraph tests are extremely subjective and claimed the examiners who administered the test had a conflict of interest.
The investigation into Rich’s Web site began in July when the Sheriff’s Office received an e-mail from someone identified only as “Deputy Dan” who directed authorities to Rich’s site.
When investigators opened the site they saw a photograph of a Florida motorcycle license plate licensed to Rich. The site also had a link to a page containing a collection of thousands of photographs, the investigation revealed.
Several of the photographs depicted nudity and oral sex. Others showed Rich with women in various stages of dress, from exposing their breasts to nude, the report said.
“I will volunteer and say that there’s, looking at that, there’s some pictures I did not realize that were not that, that really should not have been on this site,” Rich told investigators.
Rich told investigators that he placed warnings on the site to indicate the images were only appropriate for adults, designed the site to trigger parental software and used software to prevent search engines from pointing to his site, authorities said.
Rich told investigators he loved his job, was proud of working at the Sheriff’s Office, and intended to work there for 25 years, the investigation revealed.
While the investigation into the Web site was under way, a separate investigation was being conducted into Rich’s inability to pass a polygraph examination question regarding viewing underage pornographic material on the Internet.
In March 2005, Rich, who worked in the jail, took a polygraph examination as part of a request to move to road patrol. The examiner, Cpl. Scott Walters, asked Rich if he had ever viewed or been in possession of any types of child pornography since his hire date on August 19, 2003.
“There’s a lot of things I’ll download, just doesn’t do anything for me, so I trash it, you know. Put it in the delete file and erase,” Rich said during an interview.
At one point Rich told investigators that he clicked on a video called “My Teenie Wife,” that may have indicated it contained images of a 15-year-old, according to the investigation.
Rich also told investigators he viewed an online movie called “My Girlfriend and I,” featuring two “high school”-age girls engaged in a pillow fight and kissing each other, and a video titled “Teen Prostitute Video,” where the girls appeared to be at least 18, the investigation revealed.
“I wouldn’t want to leave an impression on someone else further down the line of people who are going to read this, to think that I’m out there searching out, physically searching, typing in the terms ‘15-year- old woman’ or ‘young wife,’ or any of those things,” Rich said.
Rich failed a second polygraph with Walters and then went to Fort Lauderdale for a third polygraph with a company called Deception Control Inc. The examiner in Fort Lauderdale, Lou Criscella, said that Rich displayed “significant reactions indicative of deception,” the internal investigation said.
On December 26, Rich, who earned $49,169 a year at the jail, had his appointment withdrawn based on the totality of the two investigations, for “immoral, unlawful or improper conduct,” the Sheriff’s Office reported.
“I will say that if the case is released to the media, and the sheriff does not have some sort of hard, concrete evidence, then there will be some suits filed against the department — his department,” Rich said in the report.
Rich appealed the decision on Jan. 9. In his appeal, Rich argued that Criscella was not an “independent examiner” because he and the first examiner, Walters, used to work together. His appeal was denied on March 23, the Sheriff’s Office reported.
In an e-mail to the Daily News on Wednesday, Rich said he did not want to be interviewed because he feared being misquoted or having his statements taken out of context. In the e-mail Rich stated the Sheriff’s Office wouldn’t accept his offer to have the agency inspect his computer, waited until after his termination to inspect his agency-issued laptop, and failed to interview any of his co-workers, friends or his wife.
Rich started working with Ortino Investigations around the time of his appeal, said Victor Ortino, who owns and manages the firm. Ortino recently announced his intention to run for Collier County sheriff in 2008.
If the Sheriff’s Office was really concerned about Rich’s behavior, the investigation would have been resolved in a much shorter period of time, Ortino said.
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