Findings come from — but extend beyond — April 2023 excessive force case
Kissimmee City Manager Mike Steigerwald (right) and interim Kissimmee Police Chief Robert Anzueto speak Thursday about how the agency will move forward implementing the grand jury recommendations for improvement. PHOTO/KEN JACKSON
Findings from a grand jury, convened after an April 2023 excessive use of force case was reportedly mishandled by a number of Kissimmee Police Department officers and administrators, were unsealed Thursday.
The findings, State Attorney Andrew Bain said, highlight a number of "systemic issues" regarding the KPD's current command staff, its internal affairs oversight, reporting of criminal justice standards and, "harboring a culture of silence."
The grand jury said its findings extended beyond the case of Sean Kastner. On April 22, 2023 he State Attorney's investigation revealed Officer Andrew Baseggio entered the home without a warrant after being called out for a disturbance, and body cam footage showed him knee-spiking Kastner in the face and tase him multiple times.
In this specific case, the testimony of 11 KPD officers and command staffers was questioned for "information the SAO9 learns and believes affects the credibility and/or truthfulness of a recurring state witness."
Police Chief Betty Holland, who assumed that KPD command days later April 29, 2023 but was a Deputy Chief under former Chief Jeff O'Dell at the time, was one of the 11. On Sunday, she tendered her resignation to the city, after the State Attorney's office alerted the city of the investigation.
KPD will move forward with the leadership of interim Chief Major Robert Anzueto, who comes from the Orange County Sheriff's Department with three decades of large-agency policing experience.
Baseggio was indicted by grand jury earlier this year, arrested and charged with felony battery, misdemeanor battery, two counts of tampering with a witness and perjury. His trial is scheduled to begin Dec. 3.
Bain said, among what the grand jury found in this specific case, Baseggio contacted witnesses regarding their testimony and falsified reports to avoid an internal investigation.
"However, the grand jury's findings extend beyond this specific case, raising deep concerns about systematic practices in the Kissimmee Police Department," he said Thursday. "The department harbored a culture of covering up misconduct ... the grand jury concluded it lacked confidence in (KPD's) command staff under former Chief Holland and her capacity to lead the agency responsibly and lawfully."
But, Bain re-iterated Thursday the grand jury recognized KPD "is full of honest, hard-working law enforcement officers and dedicated public servants, which in no way calls into question the integrity of those working to do the right thing and serve the public."
Chief Assistant State Attorney Ryan Williams laid out all that went wrong with the Kastner case: the force went on for minutes, officers intentionally avoided discussing in on body-worn camera, the punishment of eight hours off without pay avoided reporting to agencies responsible for maintaining ethical standards and that Holland chose not to criminally investigate the incident initially and failed to report his violations to FDLE or the State Attorney. Other reports of officer misconduct were not submitted.
"In fact, the State Attorney's Office only learned about Baseggio's unlawful use of force after watching a news report, after which we repeatedly requested the department request a criminal investigation," Williams said. "The grand jury determined that when the department finally relented authorized FDLE to conduct an investigation, it was comprised from the very start."
He noted Holland notified Baseggio of the investigation, and he was also shown the final report prior to review by prosecutors, allowing him to tamper with witnesses. He shared the grand jury also found "clear evidence" indicated currently-employed KPD officers were not forthcoming, or simply lied, in their grand jury testimony.
Among other findings:
The grand jury concluded KPD’s Internal Affairs Section is severely understaffed and lacks resources, leading to inadequate case investigations and poor record-keeping;
Officers involved in the Baseggio incident failed to recognize the victim’s mental health crisis and conducted a warrantless home entry, violating established legal standards, which speaks to substandard training;
Ten other instances were noted where KPD did not report sustained policy violations to the Criminal Justice Standards and Training Commission as required by Florida law. The grand jury also found a pattern of labeling excessive force incidents, like the Kastner case, as mere policy failures, rather than specifying the actual misconduct, suggesting possible intent to avoid mandatory reporting. That reporting is considered "critical" to prevent officers with disciplinary histories from moving unimpeded to other agencies.
How the city says it will move forward
City Manager Mike Steigerwald and Anzueto, responded to the grand jury findings Thursday afternoon.
"The issues the grand jury identified are deeply troubling, showing errors in former Chief Holland's decision-making," Steigerwald said. "It's my responsibility to provide our community with a seasoned leader to make the changes necessary to correct deficiencies and restore the department's image."
Steigerwald, who used the word "shocked" when told of the allegations, said the city has a commitment to address the issues transparently and thoroughly.
He said resources with Orange Sheriff's Office will lead an inquiry into the 11 officers named in the Baseggio-Kastner incident. With Anzueto leading the way, the Orange County Sheriff's Office will conduct an internal investigation into the 11 officers whose conduct and testimony were called into question.
"We recognize the need for change, and this marks a crucial step in that clear path forward," he said.
Anzueto said he's spent this week reviewing KPD's leadership, accountability, policies -- changing some and adding others to provide officers better guidance -- personnel and resources and training guidelines. For instance, he said he'd made changes on his first day to revamp the department's internal affairs division.
"My goals are clear: to equip officers with the resources and training to perform duties safely and effectively to set and uphold high standards of conduct," Anzueto said. "We are making changes immediately, as the community should expect. We have outstanding law enforcement officers at the Kissimmee Police Department, and I can tell you they want to move past this and doing things to make positive change."
What the grand jury recommended
The grand jury is asking that KPD leadership have the resources to quickly address the culture of acceptance and non-reporting, particularly surrounding use of force or officer wrongdoing. Among its other recommendations:
Urging the city to evaluate KPD’s command staff to ensure they lead with integrity;
Restructuring and increased staffing, such as the moves in internal affairs, for effective oversight;
Providing extensive officer training in crisis management, search and seizure laws and investigative protocols;
Complying with Florida law on mandatory reporting requirements and establish procedures to ensure reporting is done moving forward;
Addressing these truthfulness issues through reporting requirements the Office of the State Attorney must follow.
Check back at AroundOsceola.com for more on this continuing developing story.
