John Simms

8/11/2019 John Simms

1/47

Hello Chaz

As an advocate for good, honest and ethical government, I seek your

assistance in exposing to the voters of Cooper City the questionable behavior of

candidate John Sims who seeks re-election on November

4

th

.

I believe you have

written about him on different occasions. I recall reading about his abuse

towards his pregnant wife and more recently about his racist blog postings.

Perhaps you would like to use

the

enclosed information to further educate

the

voters about this man s questionable behavior.

Sadly, there exists no formal system for providing real and accurate

information on candidates. Candidates have the good

fortune

of sharing

with

their electorate only the information they wish to convey. It

is

unlikely that Mr

Sims would tell his constituents that he had once pled guilty to assault and

battery on his pregnant wife. I also

doubt

he would volunteer to tell others

that

he has failed to pay child support and back pay for daycare and medical bills. The

list of unethical and illegal activity, as you can tel l by

the

enclosed, is extensive.

I choose to be anonymous for fear of retribution from Sims. He is known to

be a violent man. Actually, I also think the enclosed includes a call to his house

when his girlfriend

felt

threatened by him.

Thank you

A

concerned Cooper City resident


2/47

CKGROU

ND

IN

FORM T

ION ABOUT JOHN B SIMS

1 John Sims was arrested and pled guilty to aggravated battery for assaulting his

former wife, who was pregnant at the time (see Miami-Dade Criminal Case #91-

5433). Sims then was subsequently found guilty

of

violating the terms

of

his

probation.

2. A Psychological Evaluation Report, and Family Violence Treatment Specialist letter

were issued regarding John Sims in connection

wi

t h

the

above-referenced criminal

case. The

report

concluded

that

Sims has some

rather

chronic personality and

behavioral problems, that he possesses dif ficult ies with stressful situations, that

he suffers

from

narcissism and

tends

to overvalue his

own

personal worth to

compensate

for

underlying feelings

of

insecurity, and

that

he remains

at

high risk

for

becoming physically violent again in the future. (See Miami-Dade Criminal Case

#91-5433).

3.

John Sims was found

to

be in violation

of the

terms

of

his

probation

and was

then

ordered

to serve an additional two years of probations. (See Miami-Dade Court

Case No. 91-5433).

4. In 2003,

BSO

responded to a domestic disturbance call from the home of John Sims

and Janet Gill (girlfriend). Both were given domestic violence packets by the

attending police officer. See

BSO

Report, Case #03-04578).

5. In

2005

, a Mtamt=Dade Court determined John Sim t be in arrears if l

payment

of

child support in the amount of $25,647.10 and legal fees in

the

amount of

$15,882.97. (See Miami-Dade Case #91-36013FC24). In Order granting his former

wife' s

motion

to execute and enforce her judgment and to compel payment

of

child

su pp ort,

Judg

e Maxine

Lando expressly

found

that

the former

wife

has depleted

her resources in order to defend against unnecessary litigation

initiated

by the

former

husband

,

and that the

former wife

and child have been placed in a

financially insecure

state, and

that the

husband's Affidavit filed is incorrect and

Petitioner/former

husband is not indigent

or

insolvent

for

purposes of filing an

appeal and there are gross misstatements of facts in the Affidavit regarding

liabilities

,

and

the Petitioner/former

husband refused to

testify

regarding the

contents

of

said Affidavit and,

in

fact, cited his Fifth

Amendment

rights against self

incrimination

under the

United States Constitution, and

further

refused

to

be placed

under

oath

or

to affirm any statement he might make, and

that M

r. Sims has been

continuously uncooperative

in

revealing his employment, assets and liabilities and

has actively and intentionally attempted to avoid payment and collections of monies

due and owing to Respondent/f ormer wife.


3/47

6. In 05 John Sims t

hr

eatened a BSO Deputy while a C

od

e Enforcement

Officer

t r ied

to

serve two code violat ion not ices on a neighbor. Accord ing

to

th e po lice report,

S

im

s was very h

ost

ile and belligerent,

an

d

the

a

t t

en

di

ng

BSO

Depu

ty

had to re

qu

est

back-up

as

he f

ea

red fo r his sa f ety . (See

BSO

Rep ort,

Cas

e #160508-00070).

7. In 2

7 Sims w

as

found to have p lag iarized more t han 15 articles and wri tin

gs

on his

personal website, JohnBSims.com, and defends him self by stating t hat a ghost

must have misused his blog. (See Miam i Herald expose, 10/ 24/ 07).

8. In

7

John Sims was appointed by Shahrukh Dhanj i to the Human Relations

Co uncil of Florida, Inc.

as

Director of Government Affairs Ethics. Janet Gill (Sims'

wi fe ) was also employed

by

this local company in an administrative and/

or

financial

capacity. This company was incorporated on 12/

13/06

.

Mr

. Dhanji and/

or

his

company we re investigated by

FDLE for

campaign fraud and a

warrant

was issued

f or Mr. Dhanj

i'

s arrest. (See Sun -Sentinel, 3/ 29/ 08)

9.

After

John Sims

prev

iously denied a

ny

inv

olvement

with the

SaveCooperCity.blog

spot.com blog (which, in addition to many

other defamatory

and hateful entries,

included an anti-Semitic Nazi and

Hitler

posting

about

Mayor Eisinger), BSO

subpoenaed Google records and ascertained that Sims was the registered owner of

the blog. A BSO investigation also commenced

as

a result of a swastika etched into

the vehicle of Lori Green (

Mayor Eis

inger's campaign manager)

the

same week

that

t he anti-Semitic and hate-crime posting appeared

on

Sims' blog. (

See BSO Case

Report CC08 -01-0847dated 3/ 31/ 08 and also see

Miami

Herald Article dated April

2 2009)

10. On November 2

n

2010, same day

as

his re-election for Cooper City Commissioner, a

hearing was held in the Circu it Court of the 11th Judicial Circu it of Florida. The

Respondent, former wi fe of John Sims, requested the

hear

ing in an attempt t o

recov

er

monies

fro

m Pet it ion

er

, John Sims,

for

past due and unpaid child s

upport

payments and for unpaid daycare and

med

ical expenses for the care and well be ing

of the part ies mi

nor

child . The sum total of

mon

ies d ue t o

former wife of

John Sims

totaled

$18,634.00 and final j

udgment

requiring

payment

was

entered by

Judge

against John Sims for that amount. (Case No. : 91-36013 FC 29)

11. Th e Greater Fort Lauderdale Board of Rea l

tors

revoked John Sims' endorsement f

or

Commissioner apparent ly a

ft

er

th

ey

di

scovered t

hat

he was not h

onest

at his

in

terview

(Oct. 18

th

, 2010).

Si

ms supposedly cla i

med in

his int

erv

i

ew

that

he w

as

adamantly opposed t o

pro

po

se

d const i

tution

al Amendment 4 in

order

to rece ive

th

e

endorsement. It was lat er

br

ought to

th

e Board ' s attent ion th ro ugh Sims blog

post ings and his City voting record th at he wa s a vehement supporter of

Amendment 4. (Verifiable

thro

ugh

cont

a

ct with

Gr

eater

Fo

rt

La

ud

er

dale Board of

Rea

lto

rs, Adam

Sa

nders, Government Relat ions Di

recto

r) .


4/47

12

.

State of Florida Elections Commission {

Case No

:

FEC 12-011

on

or

about January 23

2013

foun

d probable cause

th

at John Sims had

violat

ed Florida Election Code. He was

subsequently fined

1

,

800 for

these violations.

13. Having been inves

tigated

by the Florida Elections Commission for

ca

mpaign viola

tions

and having had an opportunity

to

amend his campaign statements, it has been

found

that at le

as

t one check was still not declared on the requ

ir

ed campaign expense forms

as

a payment. This check, written

from the

John Sims Campaign Accoun t, was made

pa

yable to Greg

Ross Tr

ust. (see attached copy of the chec

k

14. John Sims was publicly admonished for a racially insensitive Facebook post on his

Facebook page posted Nov. th 2012. {Cooper City Commission Workshop, Dec

11

th

2012

15. John Sims was fined 6,

380

for City code violation. In commenting

on

the violation, the

City Magistrate told John Sims that: As a commissioner you should be held to a higher

standard; you are a person

who

sets an example

for

the community.

Sims responded

by saying he will not pay the fine and will address the issue at a higher level.

(Sunsentinel, September 17 20

15


5/47

ME G A R C E ~

FEB

I : 991

.

COMPLAINT/ AhREST AFFIDAVIT

0 MtSOetnf'Jncw 0 : r a t :>

* *

* *

* * * * * * * ~

TO

ANSWER UNTO

TH

E STATE OF FLORIDA ON AN I NFORMATIO N OR INDICTMEN T

FILED

AGAINST

HI M OR HER BY THE STAT E AT

TO

R

NEY

FOR THE

UPON ORDER OF A

JUDG

E IN THE

ELE

VENT H J

UDI

CIAL CIRCUIT OF FLORIDA FOR

FAIL URE TO

APPEAR

I N COURT

TO

AN SWER

TH

E PENDING CHARGES

FOR

THE

OF :

ADER,

CLER

K CIHCUIT AND

COUN

TY COUR TS

DEF UTY CLERK

DA

TE

~

CASE 0::: ~ ? . 1 1 ~ ~ AGENCY: - - - - - ~ Q ~ Q - - - ..--

-

A

SST.

STATE A'lTY.: --- ..

--

.. ~ ~ : ~

EXlRA DITI

ON

INFORMA TION

ANYWHERE EXTRAD

I TE WI THIN

1500 MI LE

S FLORIDA ONLY - - ~

MAY BE CONFIRMED

WITH THE

METRO-DADE POL

I

CE

DEPARlMENT, DADE

COUNTY

EVENT, DEFENDANT WILL BE ARRESTED IF FOUND IN THE STATE OF FLORIDA

SIMS I I I

JOHN

BRYANT

1 r ~ S r

FIRST MDDLE

- i i

i 6

~ - ~ I l 7 t h ST . , M I ~ y ~

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________

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----

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.... _________ . T ;: T

H

TE - -

FEATURES

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- __ _

INFO ___

______ ______

T G ~ - - - - - - STA TE

INFO wo r k

addres

s : 3300 N. W. 32nd

Avenue

Mi am i

FL

3314 2

_____________ ,_ ... ____________________ J ______ J ___________

..c...

Defendan t

o r

~ s = f o . r :

. . . : : . 1 . e _ p ~ _ D

d

. .Trans = ~ - ~ ~ - - - ~ ... ~ ~ - - - ....

-

-----


9/47

IN THE I R ~ u i T COURT 0 ? THE N T H JU

D:

C: hL CI RCUI T

IN ND F

OR

~ . D E COUNTY, FLORIDA SPRING TERM, 19

91

S TATE OF, FLOR IDA v.

C?l 5< f 33

-

.

JOHN BRYANT SIMS, I I I

D

efe

ndant ( e )

I NFO

R MA

TION FOR

AGGRAVATED BATTERY

784

. 045

1) b) F e l

. 2D

~ NAME AND BY AUTHORITY OF T

HE

STATE OF FLORIDA:

I ;

MARK A . SMITH ,

Ass i s t an t

St a t e

A tt o rney

~ -

Ci rcu i t

o f Fl o r ida

, o n

the author i ty

o f J

ANET

RENO

, St a t e

Atto r

eventh

pr

osecu t ing

Sta t e

F ~ o r i d a

in the County o f Dade,

under

oath ,

JOHN BRYANT S IMS , I I I

:

in fo rmat io

-n

makes

t ha t

the 8 t h day o f

FEBRUA

RY

,

19

91 , in

t he

County

and St a t e

a fo resa id ,

u n l

a

wfu ll

y '

and

i

fe

lo

n i o u s l y

co

mm

t

a n

a g g ra v a t e d

b a t t e r y upo

n

KA

THARI

NA

. POERSCHKE , by a c t u a l ly and i n t e n t i o n a l l y t ouch i ng o r

str

ik ing

t h e

per son o f KATHARINA F . POERSCHKE ,

aga

in st he r w i l l , w h i l e KATHARINA F .

OERSCHKJ\ .

was

p r e g n a n t and

the

def,endan t

knew

o r

s h o u l d have

known

t h a t

s h e was ~

g n in

v i o l a t i

on

o f 78 4 . 0 45 1) b ) F l o r i d a

S t a t u t e s

, -

\

'...../

t o

t he form of the

Sta tu te

in such cases made and provided , and

aga ins t

t he

and

d ign i ty

o f

the

Sta te

of

Flor ida .

ATE

OF FLORI DA, COU

NT

Y OF DADE:

Persona l ly appeared before me, the Ass i stant State Attorney of the El eventh Ju d

ic ial Ci

rcu i t of Florida,

s i gnat u

re

appears

below

. and being f i rs t du ly sworn. says that

the

a l l egations set forth in

th is

io n are

based

upon facts w

hich

have bee n sw

orn

t o as t rue. and wh i

ch

i f t rue. would const i

tute

hr'e

therein charged.

and

that

this

prosecut

i on is inst i tu ted in good fai th.

or

n

to

and subscribed before me

th

i s

S :

ec

: 5/ 14 / 9 1

COURT DIRECT

a

l

No . 13741 , Bkd .

k

t . - No .

4 3 3

/ TOBIN (

ARRESTED

Assistant State

Attorney

Florida

Bar

#

559687

1A:7 day

of

_ _ _ _

L C ~ : : : . _ ~ 7 y = : : . . _

_

-

19_f..f.

I

4/

the

Cleric

o f


10/47

BE

INITIALED BY:

PROBATIONER

Defendant

Case Number

___

SP EC I L CONDITIONS OF PROBATION

You must undergo psychiatric treatment until such time as the person in charge of such

treatment and your Probation Supervisor determine that such treatment is no longer

necessary.

You must serve

in

commencing

You must not associate in any way with

the attached order

J

You are hereby placed on notice that the Court may at any time rescind or modify any of the conditions

probation, or may extend the period of probation as authorized by law, or may discharge you from further super-

and that if you violate any of the conditions of your probation, you may be arrested and the Court may revoke

probation; adjudicate you guilty if adjudication of guil t was withheld , and impose any sentence which it might have

placing you on probation

or require you to serve the balance of said sentence.

It is further ordered that when you have been instructed as to the conditions of probation , you shall be released

custody

if

you are in custody and if you are at liberty on bond , the sureties thereon shall stand discharged from

if section 1 or section 2 is checked.)

It is further ordered that the Clerk of this Court file this order in the clerk's office, and provide certified copies

to the Officer for use in compliance with the requirements of law.

DONE AND ORDERED, this the j

I acknowledge receipt of a certified copy of this order. The conditions have be xplained to me and I agree

abide

by

them.

:

tructed By:

______________________

_

ff _

RE

K

Attorney/ nterpreter

5243PG

290 6


11/47

LAW

Of F ICES

G O L D

A N D F o x

A PR O F ESSI O N AL ASSO C I

ATION

C O U R T H O U SE

C EN T

ER

SUITE 1 7 2 0

NORTHWEST

F IRST A V

ENUE

MIAMI

.

FLORIDA

12 8

1817

13051 ~ 7 9 0 0 9 0

f AX 13051

5 7 7

6 5 3 7

Honorable David

L .

Tobin

Metro

Jus t i ce

Bui l ding

Ju ly 20,

1351

W

12 Stree t Room 407

Miami,

Flor ida 33125

:

St a t e

v.

Sims

Psychological Evalua t ion

Dear

Judge

Tobin :

1992

TALLAHASSEE. F L O R I D A 3 2 3 0 1

1 9 041 6 6 1 - 3 7 3 7

SOUTHEAS

T B A N K B UI L D I N G

SUIT E 1 3 0 0

5 0 0 SOUTH f "LORIOA AVENU E

LAKELAND. f "LOR IOA 3 3 8 0 1

18

131 6 8 7

4 3 4 1

f AX 161 31 6 8 6 - 1 4 1 2

PLEASE

RE:P L Y T O

O MI AMI

0T AL L AH ' -SSC

0 L AKEL AN O

1


12/47

0 0

FORENSIC

AND

CLINICAL

PS

Y

CHOLOGY ASSOCIATES

P.R.

6601 S.

W

80th STREET

SUITE

206

PSYCHOLOGI

L

EVALUA

TION

Nam

e : Si

ms,

John

Birthdate: 8/1/58 (33 years)

Education: 13 years

Rac e : Whi te

Sex: Male

Reason

fo

r Refe r ral :

Case tl 91-5433

.i

Judge : David Tobin

Evaluation

Date: 7/13/

Report

Date:

7/ 19

/92

lERK

John Sims was refe rred for a p

sychol

og i

cal

eva l u

ation by the

Honorable David

Tobin of the 11th Judicia l Circuit

Court,

Cr imi nal Division, Dade County,

Flo

ri

da.

Mr.

Sims

pled

guilty

to

a

charge

of

aggravated

battery for

an

incident

which occur red on 2/ 8/91 .

He

was accu

sed

of pushing his pregnant wife to the

fl

oor

and forcibly removing her wedding

rings.

Mr.

Si

ms denied

pushing

hi s

wife

but admitted

to

removing

the rings

.

Mr.

sims was

placed

on two yea rs probation .

He

was charged with violating a s pec i a l conditi on of his probation by allegedly

fai

l i

ng

to

-successfully comp lete the

Domest ic

Interven

t i

on Pr

og

ram (DIP) . Whil e

he

atten

ded

the

group

therapy

sessions,

his counse

lor at the

prog

ram,

Ms. Linda

Gall, believed he reached

maximum

potential in therapy and had not been

able

to

wo

r k through

this

anger as to make progress in

therapy.

Ms . Sims consi dered

him remaining at high

risk

fo r becoming

physica

l l y vio l ent

again

in the f uture .

The purpose of

the evaluatio

n was to ass ess

Mr.

Sims' ps ychologica l f unctioning

as

i t

relates to

treatment

nee

ds

and

future

dangerousness

. The

psycholog

i s t

wa

s

in fo

rmed

that the

res

u

l t s

of

the

evaluation wo

uld in i t ia l l

y be going to Mr.

Myron Gold,

Mr

. Sims' a

ttorney

to present before Judge Tobin

camera.

The

assistant s tate

att

o rney, Mr. Joe Fernandez would apparentl y

not

have access

to

t he

re

sults of

the

evaluation during the heari ng.

Procedures. dministered :

C

lini cal

Inte rview, House-T

ree-Pe

r son Test, Bender Visual Motor Gestalt Test

Rorschach Inkblot Test, Mnnesota

Mu

ltiphasic P

ers

onality I nvent or y-2 ( P

I - 2);

Incompl ete Sentences Test

Sources

of

Inf

o rmat i

on

:

Prior

to

the evaluation, Dr .

Frumk

in spoke

to Hr

. Gold and

to

Mr .

Fer

nandez. I n

addition,

the foll owing documents were reviewed :

a) Mr. Sims' cl

inical

record s at

the

DIP which

inc1udes

Ms. Ga l l s le t ter

to

---Yeda D.alJas, Me p.Lob.ation_o.f_i.cer_

b) the complaint/arrest

affidavit 's

pertain ing to the above cha

rges


13/47

c)

the

affidavit

of violation of probation including the

report

form

d) Mr. Davi d Hudson's

correspondence to Mr.

Gold describing Hr . Sims' progress

in therapy and

treatment

needs

e) various motions and

petitions

f i led by

attorneys

related to

both

the criminal

case and

the

divorce

case in the

Family

Division of

the court

f)

the prenuptial

agreement between

Mr.

Sims and

Katharina

Poerschke

g)

corres

pondence between M .

Sims' divorce

lawyer,

Ms

.

Roberta Fox

and

the

attorney fo r his wife,

Mr.

Russel l

Spatz

h) what appe

ars

to be M . Sims'

d w r i t

t e n ~ n o t e s

i)

memorandum f rom Mr . Sims '

to Ms

. Fox concerni ng medi ation

j

a handwritten note from

Mr.

Sims

to Mr. Go

l d describing what he bel ieved

to

be problems with his defense f rom

his

previous defense attorney, Mr . Tom

Ri savy

k) a draft of a Memorandum of Law from Mr. Gold with a reply

fro

m the

ass i s

ta

nt s ta te

atto

rney

l ) off ense- i nci dent reports

related to

Mr . Sims ' f

i l

ing

complaints

ag

ainst

his

wi fe

m No

tes

re l

ating

to M

otion

fo r P

ost

co nv

ict i

on re

l i ef

n)

wha

t appear s

to

be

informal

statements

of

various witnesses

to

some

of the

in teract i ons between Mr. Sims and

his

wi f e

o) a transcript

of the

proceedings concerning Mr . Sims

in front of the Honorable

Arthur Rothenberg on 6/11/91

p) a transcr

ipt

of

the

proceedings conce r ning Hr . Sims in f ront of

the

Honorable

Davi d Tobi n on 3/31/92

q) t he 5/19/92 deposition of Mr . David Hudson

r)

the

4/20/92

deposition of

Veda Dal l

as

s) the

8/23/91

deposition of Katha r ina Poerschke

Background Information :

Mr . Sims was seen at

the

psychologist's

private

office for a

total

of almost

three

hours .

This excluded self-administered

testing time .

Prior

to the

eva l uation, Mr . Sims

was

informed that

the results

of

the

assessment were not

confidential

and would be given

to

his law

yer

to present to thedjudge without

the

assistant

state attorney

being present . Mr. Sims was told

that after that

meeting,

the

psychologist would not have any control

whether the assistant

state

attorney would be allowed

access

to

the findings or whethe r

the

report may some

day be used

in

his Family Court proce

edings

.

I t

would have been important

to interview

Ms .

Poerschke, the defendant's

ex-wife

and victim

of the

aggravated

battery

. Although

the psychologist

reviewed many

pertinent documents, the interview was done

with

an individual who was expected

to present his

side

most favorably . Nevertheless, Mr . Sims appeared to be a

reliable

historian

as

far

as

proving

a

detailed, internally consistent

accounting

of events

. While he portrayed Ms. Poerschke

in

negative terms, he said

positive

as well as negative

things

about himself.

Mr. Sims described a diff icult childhood . He said he fe l t he was the black

sheep in the

family.

He

is

the middle ch ild of two siblings. He said

that

he

was-very-

hyper

- afld-ett-t:-going

~ s a

child . A st.:a..ighLA:.:....student at-Hortb Miami

Senior High School, he was active in school sports and the band. He described

t

z


14/47

his father beating him and his m

other

while

he was growing up . The beating ceased

when he was approximately 15 or 16 yea rs of age .

Mr Sims said that he got suspended from schoo l only

onc

e in his l i fe .

Th

is

occurred

when

he said he was falsely

accused of

shooting the

principal with

a

paper

clip

and a

rubber

band .

He described

himself

as

a

jo

kest

er

''

in

class

.

On

s v r ~ l

occasions

he was

required t o

go the

school

office for

saying

something

loud .

He

described having a number of

friends

. Hf denied ever having been

arrested as a juvenile .

Mr

Sims

said

he

joined

to

the

Navy at age 17

after

graduating high school .

He

joined

to

get

spec

ial training in their electronics school .

He said

he was in

an eli te

unit

as a communications specialist in

tact ica

l

operations

. Afte r

four

years he

lef t

with an Hon

orab le

Discharge.

He

then worked

for

a couple

of years

as a head

technician

for an electrical firm in

Virginia

.

He

subsequentlv moved

back to

Miami

and worked as a

t ransi t radi

o repair su

per

vi so r f or Dade County .

He has been doing

this

for the

past

nine years. He said he has completed one

year

of

college

at Miami

Dade Community

College in

telecommunications management.

He

plans

on

transferring

his

credits to

Barry

University.

Mr . Sims

said

he met

his

ex-wife at a

party. He

had

known

her brother

for yea

r s .

Two

weeks after they met, she moved in with him

to

help

take

care of him after

he was hit by a car when he was ridi ng a bicycle, t

rain

ing

for

the t r iathalon.

They married in August, 1987. Mr Sims said that his wife changed once she began

to go

the

police academy . People did not like

her

at work and he said she was

unab

le to

accept

authority

from

supervisors

.

To

wards

the

end

of

their

marriage,

he

said

she hit him daily, punching him oftentimes for no reason.

He said

that

he found out that

his

wife took a large sum of money

out of the

bank anq ran up

all

of

the credit cards .

Mr

Sims

described the

aggravated

battery

charge

as

resulting

from

th

e

following

incident . He said

that

his wife came home . He conf ronted

her

about taking out

all

of the

money and

expressed his concern

abou t being

able

to p ~ t h e mortgage.

He

sai d that she

threatened to

divorce him .

When she

refused

to

give him

her

wedding rings so he could hock them to pay for the mortgage, he said that he

grabbed her

lef t wri s t and attempted to

pull the ring off

. He

said tha t she

cowered do

wn to the f l

oor and began

to

kick

at

his

groin. He finally

removed

the

r i ng . Mr . Sims said his wife was

several

weeks pregnant at

the

time .

He

denied pushing her or

throwing

her to

the

ground .

Mr

Sims

said that the only

reason he

got

arrested was because she was an of

f i

cer herself . He spent 24 hours

in ja i l and was released on bail .

According to Mr

. Sims, his

wif

e decided not

to press

charges .

Shortly thereafter ,

he and

his

wife

moved

back

together

and he began

to

meet

with

Mr

. Hudson

for

therapy in

an

attempt

to improve

the marriage

.

He said that his wife refused

t o

co

me for

the treatment

herself

. Mr .

Si

ms

stated that

their

arguments

co

ntinued

and

at

one

point, he

believed

his

wi fe

wa

s having an affai r with

her

boss

at

ork .

He sai

d that

on April

1 , 1991, his wife moved back

to

her

mother's

home.

When he tried t o

visi t

her several days later , he

said that

her mother tele phoned

tne p6lTce, s t a t

ing

he Cr ied

to breal< the door

-down .

Hr.

Sims sa id tha t fo r the

next

month, he

wrote

a number

of

let ters

to his

wife, some

50 to 60 pages long,

whereby he spilled (his) guts and stated how much he loved her. Mr Sims

said


15/47

that

his wife refi led the aggravated battery charge towards the end of April,

1991 and he spent

another

two

days in ja i l .

Soon

afterwards,

Hr. Sims

voluntarily

entered

the Domestic

Intervent

i on Program and s

topped

. seeing Hr. Hudson.

Hr. Sims apparent ly went to

court

on or about

October

, 1991.

He

said that

one

of

the

conditions of

his

two

year

pro

bation,

after

pleading

guilty

to the

agg

ravat

ed battery cha rge, was that he cont inue with his weekly group counseling

at DIP. Hr . Sim s

said that

in January, 1992, he was informed

by

his group

counsel or that he was being

ter

minated from the program. Hr. Sqms said that since

he believed he st i l l needed help, he began

to

see Mr . Hudson again for

individual

counse ling sessions. Mr Sims had also previously been in pasto ral counseling

with

a pastor Ted Place .

There was

no way of

independently

validating

Mr Sims' s t

atement

that prior to

his separation

from

his wife, i t was

Hs. Poer schke who would hit him

elmost daily

and threaten him with her gun. In

the DIP

Psychosocial Assessment completed on

5/6/90 , M . Sims acknowledges emotional and

verbal

abuse, has cursed at her,

also threatened

to divorce her. There

is no men

tion in

any records

of Mr

Sims

s t

ating

he

has

ever

hit

his

wife.

He

told

Dr. Frumkin

that

he once

hit

her on

the shoulder.

Apart

from that

in c

ident, he denied

ever hitting

or pushing her.

There is no

indication

from any

of the reco

rds

that Mr

S

im

s

has ever been

involved in any other fights or altercations with others.

Hr. Sims denied ever having had other arrests . He denied

being

vio lent or hitt ing

or abusing

others . He currently

has

a

girlfriend

who

is

a

comptroller for

a

maga zine publisher i n Coral Gables.

He

has known her for one

year

. Hr . Sims ha s

a

six-month

o

ld

daughter . He

sa id

that he

has

not sought vi si ta t ion with

her for

fea r that his wife to attempt would allege abuse complai nts agai11st him.

Interestingly,

Hr . Sims

s tate

d he

was not

certain

of his

daughter s name.

He

stated that he fe l t badly that tle could not- vts i t is

eaugt-lte-r

at tRis time .

e

is

pr

o

viding

financial

support

for

her

though

.

Drug/Alcohol History:

Hr. Sims said

that

he used cocaine once or twice prior

to

mee

ting with

his wife

and

also

did

i t several times with her.

He s

aid

he last used cocaine

four

years

ago. He

said

he ex

perimented

with marijuana

only

once

or

twice . The

las t

time

was

five

years

ago. Hr. Sims described

drinking

approximately three beers weekly

when

he

was

married.

He

described drinking rather

infrequently

now

He sa

i d

he

last

had an

alcoholic beverage

a month ago

when

he dra

nk one beer.

Apart from

some heavy

dri

nking

when

he was in

the Navy

,

Mr

. Sims denied

ever having much

to drink

at

one

t i me

.

Behavioral

Observations:

Mr . Sims

is

a ta l l , white male of

averag

e weight who came to

the

session casually

dressed and

neatly

groomed . He was

quite

art iculate, s pontaneously volunteered

informat ion, and had no difficulty easily

establish ing

rapport with

the

psychol ogist . His immediate, short-term, and long- termmemory were wi thin norma l

- - 1m

f t s

-. -

R1s

vocabula r y s l< i l l s-

r q

u f te

gooCI-;-Tie

has gooa -

abst :ract

-

re a

-

sonlng

abi l i t ie s . His judgment and common

sense

are

fa ir

. Overall, he came across as

an individual of at least high average intelligence .


16/47

Hr. Sims somewhat in

appr

opr i atel y began to add ress Dr. Fru

mk

i n by hi s

f irs t

name.

He began the session by stat i ng that he i ni t ia lly had a problem with denial and

blaming

a

lot

of this on my

wife a t f i r

s

t .

While

i t

.

is

not

kn

own

i f

Hr. Sims

has really internali zed thi s, he has s eemingl y learned

to sa

y what he be l i

eves

others want

to hear

.

Mr . Sims' motor

activity

was within normal l i mi t s . His eye

cont

act was good . His

speech was clear,

coherent,

and

relevant

.

He

had

no loosening

of a s s ~ c i a t i o n s

While Hr. Sims was not

defensive

as

far

as what he

told

the psychologi s t

about

himself,

he

was

careful not to

show much emotion.

He

t r ied

to

keep

his feelings

under a Jot of

controJ

. His affect was constricted and he d i scussed many

s tressful events with l i t t le change in

hi

s tone of speech . He came across

neither

anx ious or depressed .

Mr.

Sims' impulse control was good

during

the s

ession

but based upon his history,

is generally poor . He denied ever experiencing any auditory or visual

ha

l lucinat

ions .

He

did not exhibit any

delusional

thinking. While he denied

c

urrently

having any

suicidal ideations,

he

said that

he thought of suicide

when

his

wife

was

planning

to

leave

him.

He said

that

he

fe l t

that

i f she

left , he

would have

nothing. He said that

on

several

occasions, he told his wife of his

suicidal thoughts as a last

resort.

He said he did not have any speci

f ic

plans

though

. Mr . Sims denied

ever

having had any

homicidal

t houghts and he

denied

having a problem with anger,

apart

from what

has

happened to him assoc iate9 with

this crimina l case .

Test Res

ults:

Test results show that Mr . Sims' t r ied to pres

ent himself

in an honest and

s t

r

aightforward

fashi on. He

is

an

individual

who

wants

t o

come

across in an

extremefy masculine

Tashi

on.

l1e

gene-ra+ ly--p;efers

ac---tioo

t

Uw.u.g.l t aru:l is not

v

ery

c

omfortable

dea

1

i

ng

with

his feelings.

He

makes

unreal ist

i c

assessments

about his own abil i t ie s and

sel

f - worth. Currently he is very

cautious

and feels

persecuted and misused .

Mr.

Sims i s a man who needs and requires a lot of structure. He has diff ic ulties

dealing with ambiguous or stressfu l situations. Rather than showing impulsiveness

dur i ng the sess i on, he demonstrated a concern for making absolutely certain he

was

doing

what

was

expected.

Paradoxically, although

he

has

a need

to control,

he

generally feel

s he never

has

enough

control. This

makes

him feel

very an

xious

and depressed .

He

feels

helpless

and inadequate and

has

difficul ty dealing with

any rejection . Mr. Sims has

impulse

control problems although there

is

nothing

i n the tes t data to s ugges t he is generally vi ol ent . He i s curren

t ly

experiencing

a lot

of s i t uational-related

stress

. The more anxious he f ee

ls

,

the

wor.

se

he

f e

el

s

about

himself as

a

pers

on. Y

et

he

holds in

these

bad

feelings

about

himself

and

has

di fficulty expr es s in g these feelings t o others .

Mos t cent

ral to

Hr . Sims pers

onali t

y i s

his

na

rc

i

ssis

m, hi s tendency t o

ove r va

lue

hi s own personal wort h. Th is is to

com

pe ns

ate

for

his

underl yi ng

f ee l ings

of

i nsecuri

ty

. He

has

some

dif fic

u

l ty

inte rac t

ing

w

i th

t he environment.

t 1mesfh-i s can

transcena

, nto tne1nter=personalarena . HisreTat ;-or1snips-wi t h_____

oth

ers may oftent i mes be less mature than mi

gh

t be

expected

of someone hi s age .

He compe nsa te s aga in by coming ac ros s overly

authori

t arian.

/

G


17/47

Testing

does

not

indjcate

that

Mr.

Sims

has

any problems

with

r

eali ty

testing.

He

tends

to

be

lackadaisical

or hasty in his thinking . Sometimes this causes him

to

misinterpret what

others may

be saying or doing.

Forensic

Considerations and Recommendations:

Mr.

Sims

has some rather

c

hronic personality

and

behavioral problems. He

has

deep-seated

feelings of

inferiori ty

which he compensates by

trying to

always

~

in control . He has difficul ty handling

stressful situations.

He may come

acrogs

impulsive without giving

much

thought to his

actions.

Never t he l ess,

there is

nothing to suggest in

the tes t

data

that

he is currently a violent or

dangerous

person.

f

he exhibit

ed

v iolent behavior

in

the

past, he has learned to

bette

r

control his anger .

Mr . Sims does need psychotherapy on a weekly basis. While

Mr.

Hudson has worked

with

Mr.

Sims intensi vely for two different time periods, I might suggest that

Mr. Sims could

benefit

from seeing a

licenced

psychologist who could use a

combination of rational-emotive and

behavioral

approach

to

help

him feel better

about

himself. He

can

also

be

taught

relaxation

techniques.

I

am

not

certain

that

he can benefit, at this particular point of time, from any form of group

counseling, either from a psychologist or

social worker,

or from a program such

as

Domestic Interventi on or the Advocates. While Mr . Sims is a

bright,

motivated

indiv idual,

the treatment is not going to

be effective because of the

nature

of

his problem.

After

reviewing his

clinical record,

I have serious concerns about Mr. Sims'

treatment

a t

the

Domestic Intervention Program.

First ,

his group treatment consisted of three different therapists over an eight

month period.

There appears to be

no

m-tstency

n the t-A

e-rfrj}y- based

upoo s .

t.aff

turnover

.

One

would

find

i t

diff icul t

for

individuals

to

make

much

improvement

with so many different

therapists.

econd,

Mr

. Sims stated that on a number of o c c a ~ i o n s , group members showed for

treatment, man y missi

ng

work to attend, yet the therapist did not show. He said

no

attempt was made to

contact

individuals to te l l them

that

the group session

was not going to take

place

. This gives the clients a bad message as to the

importance of the group or how the therapist feels about them .

Third, based upon the records, Hr . Sims appeared to have excellent attendance.

He f i r s t sought

treatment

volunta r i ly. t was not court-ordered until

he had

already

been attending a

numbe

r of

group sessions.

Fourth,

Ms.

Gall

stated

that

he has been _

unable

to

work

through

his

anger

and

that he blames his wife for his abusive behavior . DIP's Psychosocial

Assessment

states that he acknowledges emotional and verbal abuse. While

progress

notes

of the

sessions

indicate at

times

that

Mr.

Sims blames others (wife courts

etc . ) for his problems,

oth

er progress notes (such as

8/21/91)

sta te

that

he

takes o\:{nership of

abusive/non-assertive behavior

in past

relations.

Progress

n -Ol::es a Iso

r e n e c r ' E n a t l l r ~

1ms nas

cor\s

-i

st:ent

I been very veroa:Tana express we

in the group sessions . He

expresses how

he

feels

and provides at time feedback

to other

group

members .

e


18/47

Fifth,

even

i f

Hr. Sims has not verbalized remorse or responsibility for his

actions, the purpose of

the

treatment

is

to

belp him understand his actions and

ultimately bring about

behavioral change . If Mr . Sims

said

what

the counselors

wanted to

hear, there

would have been

no

need

for him

to be

in

therapy

in the

f i rs t place. His i n p p r o p r i t ~ statements show his need for

help,

not that he

can no

longer

benefit

from

treatment

.

DIP

needs

to

work

with

individual

s

who

have

problems, not ones who say all of the right things.

Sixth,

Mr . Sims

was

probably one

of

the brightest and most

articulate

members

of the group . He learned in his individual therapy that i t was imp o

r t

ant to

express

how

he

feels.

This

is

what he did in

the

group. Somehow i t appears he

was penalized

for this.

Progress

notes

ref lect a man

who was

trying hard to

cooperate and express

things

.

Seventh, interestingly,

there

were progress notes

for

every one of

Mr. Sims'

group sessions except

the

one (1/ 1S

/g2) immediately

preceding

the

one in which

he was informed

that

he

was being terminated. What transpired du ri

ng

thi

s

session? I f Mr.

Sims'

behavior was so inappropriate, why was i t

not

recorded in

the progress

notes?

There

was no

record

which

s ta t

ed what

specifically

Mr.

Sims

needed to do

to

comply with treatment. There was no

record

which

sta

t ed how

DIP

measures progress

in

therapy.

While I have gener

all

y

heard

good

thi ng

s about

the

Domestic

Intervention

Pr9gram,

in Mr

.

Sims' case

, any deficiencies

in

his

progress

appears

to

be re lated more

to his treatment than his behav i or in the group session. M . Ga l l s s ta tes in

her le t ter

to

Ms.

Dal l as that he remains at

high

risk for becoming physically

vio lent

again

in

the

future. The protection and well-be ing of his wife and

new

baby

should

be the utmost priority of

the

Court

at

this

time

.

The

best

predictor

ef

vi6Hent behavior is previous

e ~ i s o e s

of violent behavior .

There is l i t t l e in

Mr.

Sims' record which documents a long history

of

violent

behavior.

He does

not appear

to

take

drugs

or

drink alcohol.

He

seems

to

have

a good work history. There is

l i t t le

in

the

test data to sugge$t

that

he has

violent or

aggressive tendencies.

Thank you for

the

opportunity to assist the court with this case. I f t he

court

has additional

information

which

may

be useful, I

will

happily

incorporate

that

data into

the

above recommendations .

As

mentioned

previously,

I had no

opportunity

to

evaluate Mr. Sims'

ex-wife .

f

I can

provide

any further

information , please le t me know.

Respectfully,

[

~ ~ ~ _ _ _

I . Bruce Frumkin, Ph.D.,ABPP

Clinical Psychologi s t

Diplomate

in

Forensic Psychology

American Boar d of P ~ ~ f e s s i ~ n a l Psychol ogy


19/47

STATE OF FLORIDA,

Pla in t i f f /Appe l lee ,

vs .

JOHN B. SIMS I I I ,

Defendant /Appe l lan t

.

________________________

TO : THE BELOW LISTED ADRESSEES

IN

THE

CIRCUIT

COURT

OF

JUDICIAL

CIRCUIT

IN

AND

COUNTY FLORIDA

CRIMINAL

DIVISION

CASE

NO

. 91-

05433

..:.

:.:;._.,

; > .. .....

NOTI

CE

OF BEARING

::::::r::

r.G

Spec ia l

Appointment=:f

THE

11TH

FOR DADE

: ...

-

--:;

-i

-:

J

- -

YOU ARE HEREBY NOTIFIED THAT the

undersigned

wi l l

ca l l

upon

for

hear ing:

BEFORE :

HONORABLE

DAVID L . TOBIN

PLACE : METROPOLITAN JUSTICE BUILDING

1351 N.W . 12 STREET

MIAMI, FLORIDA 33 125

TIME : 9 :

00

A.M.

DATE : DECEMBER 23 , 1992

MATTER

: MOTION TO UNSEAL

AND

TRANSMIT FORENS IC EVALUATION

PLEASE GOVERN YOURSELF ACCORDINGLY .

I

HEREBY

CERTIFY

t ha t

a t r ue and

cor rec t

copy of t he foregoing

was

mailed

to the Sta te

Atto rney ' s Off ice ,

1351 N. W.

12

St ree t

Miami, Flor ida

33125 , Myron

Gold

, Esq . , 175 N.

W.

1s t Avenue,

Sui t e

1720, Miami

, F lor ida

33128-1817,

Off ice of th e Attorney

General

, 401 N. W. 2 Ave . ,

Miami,

Flor ida 33131 , Third Dis t r i c t

Court o f

Appeals ,

20001 s.w . 117 Ave,

Miami,

FL 33177

on

t h i s

__17

___

day of DECEMBER 1992.

t i c e . frm

JOHN B. SIMS I I I

7436 S.W . 117 AVE

SUITE 214

MIAMI, FLORIDA

33183

305) 637-3737

81-6275

9


20/47

STATE OF FLORIDA,

Pla in t i f f /Apel l ee ,

vs.

JOHN B. SIMS I I I ,

Defen

dan

t /Appe

ant ,

IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT

IN

AND FOR

DADE

COUNTY FLORIDA

CRIMINAL DIVISION

CASE NO

. 9 1 ~ 5 4 3 3

MOTION

TO

UNSEAL

AND

TRAN

SMIT

FORENSIC EV

ALUAT-I ON

COMES W

,

the

unders igned Defendant /Appel lant ,

JO

HN

B.

SI

MS

I I I ,

and

re spec t fu l ly moves th i s Honorable

Court

pursuant to

Fl .

R.

Crim

. P . 924 . 31, 3 . 220 . ( l ) , (m) , (n ) ( l ) , (o ) ; 90 . 503 ,

(3) (a)

,

(b)

,

(c)

; 9 0 .

50

7 ; F

1 .

R .

App

. P . 9 . 14 0 (d) ; 9 . 2 0 0 ,

(e)

; 9 . 3 0 0 ,

to

Unseal and

Transmit

to the 3rd D i s t r i c t Court of Appeals t he

record which conta ins a Forensic Evalua t ion by t he cour t

appointed

exper t wi tness ,

Dr

. I .

Bruce Frumkin

,

performed and

dated

June

30 ,

1992,

which was

sealed by t h i

s

Honorable Court

and

s t a t e s as follow s :

1.

Forensic

Evalua t ion was ordered by t h i s Honorable Court to

determine t he

innocence of t he Defendant

.

2 .

Dr

. I .

Bruce Frumkin

was

recommended

by t h i s

Hono

rab

l e

Court

a f t e r

lengthy disagreement between

oppos1ng

counsel and t he

\.

defense counsel , Mr .

Myron

Gold .

3 .

This Honorable

Court

reviewed th e

sa id document in camera

and subsequent ly

author ized

t he S ta t e Attorney

and

suppor t ing

counsel ,

inc luding

the s t a t e ' s

witness

to examine sa id document .


21/47

4 .

The

Forens ic Evalua t ion

i s

in favor

o f

t he

Defendant/ Appel lant and

the

same

wishes to

waive pr ive lege due

t o the

preceeding

fac t s and

a l so by

volunta ry d i sc losu re to the

Appel la te

Court of

t he 3 rd D is t r i c t .

WHEREFORE the unders igned Defenda n t

A

ppe l l an t

prays

fo r

and

r e sp e c t f

u l l y reque s t s

t h i s

Honorable

Court

t o g ran t the motion

with in

and to grant any

and / o r a l l

r e l i e f t h a t

t h i s

Honorable

Court d eems appropr ia te .

RESPECTFULLY SUBMITTED

DONE AND ORDERED

t so _3

day

i n the Ci rc u i t

Court

of

the 11th

Jud i c i a l Circui t in and

fo r

Dade

County

Flor ida a t Miami Flor ida .

~

Ci rcu i t

Court Judge

1 l


22/47

I

HEREBY

CERTIFY t h a t a t r ue and

cor rec t

copy of

the

fo regoing

was mailed to the Sta te At to rney s Off ice ,

1351

N. W. 12 S t r e e t

Miami,

Flor ida

33125,

Myron

Gold,

Esq. ,

175

N. W.

1s t

Avenue,

Sui te 1720,

Miami Flor ida

33128-1817,

Off ice

of the Attorney

General 401 N.W. 2 Ave . , Miami, Flor ida 33131, Thi rd D is t r i c t

Court of Appeals 20001 s .w. 117 Ave, Miami, FL

33177

on t h i s

l 7______

day

of

______

DECEMBER_______________________________ 19 92 .

c o u r t\ motion .

record

- -

JOHN B.

SIMS

I I I

7436 S . W.

117 VE

SUITE

214

MIAMI FLORIDA

33183

305)

637-373 881

-6275

-----------

i 2


23/47

IN THE CIRCUI T COU

RT

OF

THE

11TH

JUDICIAL

CIRCUI T IN AND FOR DADE

COUNTY FLORID A

STATE OF

FL

O

RI

DA,

CRIMINAL

DIVI

S I ON

CASE

NO. 91-

05

4

33

P l a i n t i f f / Appellee ,

THIRD DISTRICT CO

URT

OF APPEALS

CASE

NO

.

92-01976

vs .

_;

c:

>

JOHN

B . SIMS

I I I ,

DIRECTIONS TO THE

CLERK

Defendant /Appel lant .

COMES NOW t he undersigned D e f e n d a n t A p p e l l ~ ~ ~ G H N .

B.

0 tft have sut'fered paSt petSOnal attacks by

ther

foes

and

by political bloggers.

I retraced

the

whereabouts

of

Mrs..

Green

's ca r,

prior to

the incident,

and found

that

Mrs.

Green s

car is mainly used by her daughter, Heather

Green.

According

to

Heather, on Friday January ~

at

2:00pm

she drove the car

to Pi:>neer

Middle

School where a

blood drive was

being held.

Heather parked the car in the teacher s parking lot on the

south

side of the school and remained at

such location for approximately

te

n minutes

.

I

drew

to

the

school

and

observed

that

the

parking

is

not

equipped with

surveiDance cameras. I met with school personnel who

verified

that they

are

not

equipped with outside surveillance

equipment

In

adcfltion,

I spoke with school resource deputy,

Robert Wallace, who acknowledged

1hat

there are no

cameras

at the south side

teacher s

parking

lot

and

that the only cameras are

located

in the passageways and

do

not have a

view of

the

parking area

.

At

p p r o x i m a t e l y ~

Heathef returned

home and .parlced

.the

car

in her driveway. Heather

told

me

that she

did

not

observe

any

marks, scratches or anything suspicious wTth the vehicle.

Shortly thereafter, Heather left her home and drove

to

the

Sports Authority

, at the comer of Pines

Btvd. and Hiatus Rd . and parked in the front parking tot Heather remained

at

such location for

approximately ten

minutes

and

upon

exiting the

store

she did

not

observe anything suspicious with

her

car.

I

drove to the above

location

and noticed that the

Sports Authority is equipped with an

o

utside

surveillance camera.

but

according to

the store manager Damian

Chin.

the camera

is

aimed at

the store and

not

the

parking area

At appr

ox

imately 3 :15pm Heather

drove

to the Barnes and Nobles as well as the UJta Sh op

located on the

co

m er of Pi

nes

Btvd. and Flamingo Rd., within the

Pembroke

Crossing Shopping

Center.

CASE STATUS:

CIA EXJ

UNF

P-C/A

PJACTJVE

f

Pit

Detective

CCN 10027

Date:

SUpeMsor N I

03131108

Sign:

Sign.

"

rint

.L

e A.

Av

a

los

Print

R

BAKER

1210

Page2 of6

ISO

ltP.,

REVISED D05J

OI

STRIBUTJON: ORIGINA

l.

-RECORDS O ~ I O N


32/47

SHERIFPS

OFACE -

BROWARO COUNTY

,

FLORIDA

Investiga

tiv

e Action Report

C

ase:

C C ~ 1 0 8 4 7

Zona;1606

Off

ense:

Ha1B

Crime

Howev

er,

the

www

savecoopercity .bloqspot.com

was

the site

responsibie

for

referring

to

the

mayor as a Nazi-bitch and introducing a photo of the mayor

with

a Hitter mustache drawn

on

her

up

per

rrp

01/21/07, Clime stoppers flyers

were

obtained and handed to

Copper

City's Sergeant Brown for

distribution throughout the neighborhood_

01/2

3107. I contacted

Sergeant

W

eller

with

the

BS O's

SID and

obtarned

an

IP address for

the

{savecoopercity} website and found

that

the website belonged

to

Google

_

01/24107. I forwarded Google a

s.lbpoena

for s t o r y and 6 elL as the

name-address

a n c t ~ ~ n g

to

the

subscriber_

02/1 9108

, I

received

infonnation

from Goog1e

that

the

subscriber

information requested

belongs

to

s v e c

o o p e r c r t y o m com and

that

the IP connection was a-eated on 12107/2007 at

01:53:47.1 222_

02120/0S, I

foiwaided

Google a subpoena requesting

the

IP address for the

savecoopercrty@gamaiJ

com_

03/18/08_ I received information,

from

Google, that the IP

address

for savecoopercity@qmail.

com

is 65.13.44.186 and a

chedc of

the IP address revealed that it be ongs to AT T Southeast

03120108, I forwarded AT T Southeast a subpoena and they provided

me

witti documentation

th

e listed

IP

address is registered to

John

Sims.

Note

:

John

SUns

is

a

ooper

ity

Commissioner.

03126/08, I called Commissioner Sims

and

explained to him that I was investigating a case

involving a hate crime that was

perpetrated

against

the

Cooper GitY Mayor's campaign

L

ori

Green.

Commissioner

Sims tokf me that

he

was aware

of

the incident

and

said

deplore that ldnd of activity, I

actually

believe

that.

reaJJy, I

th

ink that it

was

done by themselves,.

t.:

be honest wit

you_

I in f

ormed

Commissioner Sims,

that

my tnvestigation had led

me to

site

0 fv-.w

savecoopercrty.

blogspotcom) and

1hat

the

investigation revei.rled

that

he

(

SCls

)

is r .e

subscriber

of

the site_ Commissloner

Sims

admrtted

to

owning the blog-site and assured me

he had nothing to do with

th

e hate crime against the Mayor's

campaig

n manager

_

CASE STAl'US: CI

EXIC

UNF

CCN 10027 Date:

31311 8

Print Detective A. Avcdos

Page4of6

SlJpeMsor

Sign:

PIACTIVE

Print

~ ~ ~

f?AKER 1

210

~ ~


33/47

SHERJFF'S OFFICE -

BRO

ARD

COUNlY

, FLORIDA

Investigative Action RepQ rt

Case

: CCOB-01-0347

Zone

:

1606

Offense

:

Hate Crime

Comm issioner Sims

said

that

he

cfJd

not

COI1 UJ1it

the

crime and advised that

he could acco

unt for.

every

minute of my

time,

and

has

alibis

that

can prove

where he

was

,

during

the time

of

the

in

cident

C

ommiss

ion

er

Sims was questiOned regarding the anti-Semitic messages

on

his blog-site and

he

r

esponded that he is

not

the

only

pefSOO

with

access

to the web-site,

that

he does not have control

as to

who

posts such messages

and that

he does not condone that type

of

behavior.

Commi

ssioner

Sims advised me that he does not

see

what one

incident

has to

do with

the other.

However, Comm

issioner

Sims stated that

he

will fuDy cooperate

with

my investigation

advising me

that

he wiD ask

around and

attempt to gather information as to the identity of the

person

responsible for the hate crme. Commissioner

Sims

added

that

he would follow with me in a

coupteofdays:-

_____________ _ - --

03131/08, Commissioner Sims

did

not

ca

Q baclt a

nd

did

not

follow up with me regarOlflQ

this

matt

er.

(yesJno . 1 expiUn

whJ

or why not)

1. Has

the-identity

of he offender been dear1y estabtished? NIA

2

Has adequate information

to

support

an

arrest, charge.

and proseortion of the oi'Jender been

obtained?

NlA

3. Is

tne exact location

of

the

offender known so that he/she can be taken into cuslody immeOiateiy?

NIA

4. Are

tm re

reasons

beyond

Law

Enfotcement's

oonlrol that prevellt

the

arrest charging. and prosecution

of the

offender? NIA,

the

victim

decfines ID

prosecute_

5 H

as

all physral

evidenceltatent

print

evidence been

analyzed

and

evaluated

i1

an

effort

kl

develop

an

independent

ldenlffication

of

the

offender? NIA

6.

Have

al potential witnesses bee

n

re-interviewed in

M

effort to

reaffirm

the identity of the offender1 Hl

7 Has there been a check of

the

suspect's custody

s1atus

utilizing all da:taba ses to

indude

BSO

JMS

,

Aorida

Department of Corrections,

Department d

Juver.ae Justice,

and

NCJCJFac

kl

determine whether the suspect

was in custody

dwing

the times of the listed offense(s)?

NIA

8.

What is the primary o.4fense

and case mmbe '? NIA

-

ASE

ST

ATUS:

CIA

EXIC

UHF P-c/A P/ACTJVE

l Pn

Detective

/.

C

CN

10027

Da1e: Supervisor

I : ;CN

03131108

I

Sign.

Print Detective

A.

A

valos

l

mt

~ B A K E R 1 2 1

age5of6

f


34/47


35/47

4/5/2011 10:31 AM FILED FOR RECORD

CFN. 20110216634 BOOK 27641 PAGE 155

Return To:

Richard J. Stone, Esq.

Richard J. Stone, P.A.

Tw

o Datran Center, Penthouse

1 A

9130 S. Dadeland Blvd.

Miami, FL 33156

IN RE:

Tiffi MARRIAGE OF

JOHN

SIMS, III,

Petitioner/Former Husband,

and

KATHARINA POERSCHKE,

Respondent/Former Wife.

DATE.04/05/2011

1 46

.

25

AM

HARVEY RUVIN CLERK OF COURT MIA-DADE

IN TIIE CIRCUIT COURT OF THE

11

TI-I

niDICI L CIRCUIT OF FLORIDA,

IN

AND FOR DADE COUNTY, FLORIDA

FAMJL Y DIVISION

CASE NO.:

91

-36013 FC 29

~ /

GREED FINAL JUD

GMENT

THIS C USE came on for hearing before the Court on November 2, 2010 before The

Honorable Alejandro Gamboa, designated hearing officer who thereupon, based upon the

testimony, evidence, admissions and agreements reached between the parties entered his Agreed

Recommended Order on the terms

of

the settlement agreed by the parties that was thereafter

ratified and approved by this Court s Counsel Order and Order on the Agreed Recomrnended

Order of hearing officer Gamboa on the terms of the settlement reached and agreed to between

the parties and based thereon and the Court being otherwise duly advised in the premises, it is

thereupon,


36/47

CFN 20110216634 BOOK 27641 PAGE 156

MIAMI-DADE CIRCUIT COURT

FAMILY

DIVI

SION

CASE NO

.:

91-36013

FC

29

CONS

IDERED,

ORDERED

and

ADJUDGED:

I The Respondent/Former

Wife

, KATHARINA POERSCHKE ' S Verified Motion

as previous ly filed with this Court is granted as to the following. Respondent/Former Wife,

KATHARINA POERSCHKE, 8325 S.W. 97th Street, Miami, FL 33156, do have and recover of

and from the Petitioner/Former

Husband

JOHN SIMS,

III

8708

S.W

. 55 Street,

Cooper

City,

FL

33328-4324, the sum of Five-Thousand Seven-Hundred Fifty and 001100 ($5,750.00) Dollars

representing past due and unpaid child support payments from November 2008,

plus

the sum of

Twelve-Thousand Eight-Hundred Eighty-Four and 00/ 100 ( 12,884.00) Dollars for unpaid

daycare and medical expenses for the care and well being

of

the

pa

rtie

s '

minor child, for a total

due Respendent F-Ormer

Wif e

KATHARINA

POERS HKE

from

Defendant/Petitioner/Former Husband, JOHN SIMS, III of Eighteen-Thousand Six-Hundred

Thirty-Four and 00/ 100 ($18,634.00) Dollars, all total amounts are hereby found by the Coun to

be due in the nature

of

support and which total sum shall bear in ter

es

t

at

the rate

of 6%

pe r

annum until satisfied and for all of which let execution issue.

2. It is further ordered and adjudged that the judgment Defendant/Petitioner/Former

Husband,

JOHN

SIMS, III shall complete under oath Florida Rule

of

Civil Procedure Form. 1977

(Fact Information Sheet), including all required attadunents. and serve it on the judgment creditor's

attorney, Richard

1

Stone, Esq. at his address listed below within 45 days from

the

date

of

this Final

Judgment, unless the Final Judgment is satisfied

or

post-judgment discovery is stayed. The

2


37/47

CFN. 20110216634 BOOK27641 PAGE 157

MIAMI-DADE CIRCUIT COURT

FAMILY DIVISION

CASE

NO.: 91-36013

FC

29

Judgment Defendant/Petitioner/Former Husband, JOHN SIMS, III shall also timely file a Notice

with the Clerk

of

the Coun,

with

a copy being sent to the Judgment Creditor Plaintiff s Attorney,

certifying compliance with having timely completed and mailed the

Fa

ct

Inf

ormation Sheet.

NOTICE AND WARNING is hereby given

to

the Defendant/Petitioner/Former Husband, JOHN

SIMS, that the failure to comply with the fo regoing shall be grounds for the Court to hold the

Judgment Defendant/Petitioner/Form

er

Husband,

JOHN

SIMS.

in

contempt

of

Co

urt. The

original

of

said Fact Information Sheet is hereby being mailed

to

the Defendant/Petitioner/Former

Husband, JOHN SIMS, at the address listed below, in conjunction with the mailing of the copy

of

this Final Judgment.

3 The Court hereby specifically reserves and retains jurisdiction

of

this case to enter

any further orders based upon either a Motion For Contempt, or any other Motion seeking

appropriate relief, in the event it

s

necessary to compel and order the judgr neRt

Defendant/Petitioner/Former Husband, JOHN

SIMS

,

III

to complete form

1.977,

including the

submission

of

all required attachments, and have it mailed and served on the judgment

creditors/P laintiff s attorney.

APR 04 2 11

DONE AND ORDERED at Miami, Dade County, Florida, on 011.

IR

liJTcOURTJUDGE

Copies furnished t

o: ltebert N.

Scola

The Honorable Alejandro Gamboa, Hearing Officer, Lawson E Thomas o u r t o u s dl n

t

n

N.

W

First Avenue,

Miami,

FL 33128

Respondent/Former Wife, KATHARINA POERSHKE, 8325 S.W. 97

t

Street, Miami,

FL

33156

Richard J Stone, Esq., Richard

J

Stone, P.A., Two Datran Center, Penthouse 1 A, 9130

S

Dadeland Blvd., Miami, FL 33156

Petitioner/Former Husband JOHN SIMS, III, 8708 S.W. 55 treet. Cooper City, FL 33328-4324

Russell Spatz, Esq. , 14707 s. Dixie Hwy, Suite 302. Miami, FL 33176

3


38/47

,.

\

STATE OF FLORIDA

FLORIDA ELECTIO

NS

COMMISSION

In

Re

:

John

B. Sims l l

Case ro.:

FEC

12-011

F.O. No.: FOFEC

CONSENT

FINAL ORDER

The Respondent, John B Sims l l ( R

es

pondent''), and the Florida Elections Commission

(Commission) agree that this Consent Order resolves

all

of the issues between the parties in this

case. The parties jointly stipulate to the following facts, conclusions of aw, and order:

FINDINGS OF

FACT

1

On

January

23,

2012, a complaint was filed with the Commission alleging that

Respondent violated Floridas election laws

2

n

or about January 23, 2013, Commission staff issued a Staff Recommendation,

recommending to the Commission that there was probable cause to believe that Respondent

violated the Florida Election Code

3 The Respondent has exp1essed a desire to enter into negotiations directed toward

reaching a consent agreement

4 The parties stipulate to the following facts:

a Respondent was elected to the Cooper City Commission, District One, in

the 20 0 election

b

As

a candidate for public office, Respondent was required

to

file periodic

reports of all contributions received and expenditmes made

in

connection with his

campaign Respondent was also required to certify that each campaign report was true,

correct and complete.

Page 1 of 4

FEC

1

2 01

1C

onsen

t

Orclc:r


39/47

c Respondent filed several reports that were incomplete and falsely reported

information required to

be

reported in

accordance

with Chapter 106, Florida Statutes

d

During

his campaign, Respondent

accepted

a cash contribution

in

excess

ofthe legal limits

e After

being elected, Respondent made a contribution to

his own

campaign

for 140

f When Respondent filed his termination report on January 31, 2011, the

Swnmary Page reflected that Respondent received 27 7 more n contributions

than

be

made

expenditures

Respondent filed

his

amended Termination Report

n

May

, 2013

CONCLUSIONS

OF LAW

5 The Commission has jurisdiction over the parties

to

and subject matter

of

this

cause, pursuant to Section

106

26, Florida Statutes

6 Section 106 25(4Xi

)3,

Florida Statutes, allows the Commission

to

approve a

consent agreement with a Respondent pri 1

to

the Commission finding probable cause that a

violation of

the election laws occurred The

consent

agieement has the same force and effect as

a

consent agreement reached

after the

Commission

finds

probable

cause

7 The Commission staff and the Respondent stipulate

that

the

staff

could

pro

ve the

facts in paragraph 4 above and to the Commission's ability to impose a civil penalty

n these

cases

ORDER

8 The Respondent and the staff of

the

Commission have entered into this Consent

OrdeJ:

voltmtarily and upon

advice

of counsel

9 The parties shall each bear

its own

attorney fees and costs

that

are in any

way

Pagel of 4

FEC

1

2 0

Consent Order


40/47

_ .

associated

with

this case

10 The Commission will consider

the

Consent Ordei at its next available meeting

1he

Respondent voluntarily

waiv

es

the

right

to any

further proceedings Wldei

Chapters 104, 106, and 120, Florida Statutes,

and

the right to appeal the Consent Order

12

This

Consent Order is enforceable tmder Sections 106 265

and 120

69, Flmida

Statutes The Respondent expressly waiv

es

any venue privileges and agrees that if enforcement

of this Consent Order

is

necessary, v

enue

shall

be

in Leon County, Florida, and Respondent shall

be responsible for all fees and costs associated with enforcement

13

f

the

Commission does

not

receive

the

signed Consent by June

2

,

2013,

the

staff withdraws this offet of settlement

and

will proceed

with

the case

14

Payment of the civil penalty

must

be

made

by cashier ' s check,

mone

y order, or

attorney trust

accoun

t

check

and

is

a condition precedent

to

the Commission s consideration of

the Consent Ordet 1he certified ftmds must be good for

120

days

N LTY

WH R OR

based upon the foregoing facts

and

conclusions

of

law, the

Commission

finds

that the

Respondent

has

violated Sections

106

01 5),

106 09(1), 106 141(1), and

106 19(1Xc), Florida Statutes, and is fined $1 ,800 for the violations

Therefore it is

OR ERE that

the

Respondent shall remit to the Commission a civil

penal

ty in

the

amount of $1,800 inclusive of fees and costs The ci

vil

penalty shall be

paid

by c s h i e i check,

money

order, or attorney trust account check The certified funds must be good for 120 days

The civil

penalty should

be made payable

to

the

Florida

Elections Commission, and sent

to

107

W Gaines Street, Collins Building. Suite 224, I allahassee, Florida,

32399-1050

Page 3

of

4

FEC 12. )11 ConsentOrder


41/47

John B Sims Ill

8708

SW 55

Street

t

Cooper City Florida 33328

/

\

Kevin

P Tynan

Richardson

y n ~ P L C

8142 North University Drive

Tamarac Florida 33321

The ommi ion staff he1eby

agrees

and

consents

to the

terms

of this

Consent

Order on

-

- - - ----- 2013

Eric Lipman

General Counsel

Florida Elections

Commission

107 W. Gaines Stzeets

Collins Building Suite 224

Tallahassee F L 32399-1 5

Approved

by

the Florida Elections Commission

at its

regulru:ly scheduled meeting held

on

August 13-14 2013

in

I allahassee Florida

Copies furnished to:

Eric Lipman General Counsel

Kevin

P 1 ynan. Attorney for Respondent

FEC

onsent rder

Tim Holladay Chairman

Florida Elections Commission

Date

Page of


42/47

65/ 89/ 2813 13:31

9547214742

/

I

'

VERIFIED

FINANCIAL STATEMENT

PAGE 62/ 85

JOHN SIMS, under penalty

of

per

jUly

verifies and says that the following information is

true and correct according to hls

best

knowledge and belief:

EMPLOYMENT

AJ\ D

INCOME

OCCUPATION:

EMPLOYED

BY:

ADDRESS:

SOC

SE

C

DATE

OF

BIRTH

:

PAY PER IOD:

RArE

OF

PAY

:

UNEMPLOYED

NA

NA

NA

LAST YEAR'S INCOME

1

2

4

JTOss earned income last calendar

ye;u

(2012)

ll

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Total income taxes paid on above income

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Net Income

AVERAGE GROSS MONTHLY

INCOME

FROM EMPLOYMENT

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and similar payments

Business income from

SOW'CeS

such

as

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44/47

1

4120

14

Facebook

postmg

under fire

Coope

r Crty Commissioner Sims comment caDed racst Archrves Sun-Sentme'

Facebook posting

un

der fire ooper ity ommissioner Sims

comm

ent

called racist

South Ronda Sun - Sentinel - Fort Lauderdale Fla.

Author: Ca

rn

ey, Heather

Date Dec 6, 2012

Start Page: B.1

Section: Loca l

Document

Text

- A racially charged Facebook comment posted by a city commissioner IS sparking controversy among residents and

fom1er officials.

"Just wanted to let you know ... today

I

received my

13

Social Security Stimulus Package. It contained

two

tomato

seeds, cornbread mix, two discount coupons

to KFC

, an 'Obama Hope Change' bumper sticker, a prayer rug , a

machine to blow smoke up

my

ass and a 'Blame it on Bush' poster for the front yard. The directions were in Spanish.

Yours should arrive soon," read Commissioner John S

ims

'

comm

ent posted Friday.

Sims did not return

pho

ne and email messages from the Sun Sentinel on Wednesday.

The post received

19

"likes" and six comments supporting the statement before it was removed from the Facebook

page about noon Wednesday.

Cooper City resident James Jones, who is the Hollywood assistant police chi

ef

, said the state

ment

is demeaning and

racist toward African-Americans, Hispanics and Muslims.

Jones, who is white, wrote an email to the mayor and commissioners asking them to denounce S

im

s and request s

resignation from the commi

ss

ion.

"He is entrusted with a lot of power ... power to enact laws, ordinances, rules. and regulations. He 's entrusted with the

power to spend tax dollars," said Jones. "He's entrusted

with

too much

pub

lic power to harbor such feelings

of

racism

and anger."

Sims, who is known in the community for his conservative views, replied to Jones' email Wednesday

with,

I hope you

enjoyed it"

Gl

ad

ys

VVil

son, who has defended Sims before, said the commissioner has a great sense

of

h

umor

and wouldn't aim

insults specifically at any ethnic group. She called the

Fa

cebook post a "light-hearted

jok

e."

"There's always someone like James who wants

to

pick apart

what

someone says ... A d

umb

James Jones who sticks

his head up out

of

the mole hole,"

VVil

son

sa

id. I

wo

n't say [the comment] was appropriate

but

I won't say that

it

was

inappropriate.

But

fom1

er Cooper City Mayor Debby Eisinger,

who

often clashed

with

Sims, called the

comm

Documents

John Simms