Prison-case statements preclude Crosby charges

TALLAHASSEE -- Sworn testimony released Tuesday shows conflicting statements led to no charges being filed against former Florida Department of Corrections secretary James Crosby for allegedly threatening the son of the state's top law enforcement official.

Crosby's testimony also revealed he accepted items delivered by an employee who was later convicted of distributing steroids and embezzlement. The items -- a leaf blower, a ladder and a firewood rack -- were sought by state law enforcement officials as they investigated illegal use of inmate labor and state material.

The testimony given to Florida Department of Law Enforcement agents in November also reveals Gov. Jeb Bush and Crosby were aware of looming indictments of high-ranking officials in the agency, including one of Crosby's closest friends, as early as last summer.

Bush dismissed Crosby last month, citing ongoing state and federal investigations.

Crosby's statements were released Tuesday after last week's conclusion of an FDLE investigation into allegations that Crosby threatened the son of the FDLE commissioner.

In January, the state attorney with local jurisdiction in the Second Judicial Circuit, Willie Meggs, declined to charge Crosby with "corruption by threat" after reviewing the case.

Brad Tunnell, the son of FDLE Commissioner Guy Tunnell, resigned his position with the DOC last week, citing his concern about the "sincerity of the department's desire to handle matters in an impartial and fair manner."

Tunnell had been suspended for his actions related to two fights last year. Tunnell told FDLE investigators Crosby had threatened him at a Tallahassee bar on Aug. 22 in the midst of FDLE investigations into Allen Clark, a close friend of Crosby's.

Clark resigned his position as Region I director on Aug. 30.

Tunnell said Crosby used obscene language in threatening Tunnell with internal reviews into the two fights if he did not ask his father to end the investigation into Clark.

Tunnell told investigators "it sounded like he was possessed or something sounded like a demon coming out of him."

Crosby denied any threats occurred, saying he was only annoyed with Tunnell's repeated requests for a promotion.

Crosby admitted his concern for Clark, though, telling investigators he may have told Tunnell, "I care about Allen, just like your Dad cares about you."

Tunnell told his father, the FDLE commissioner, about the alleged threats afterward.

FDLE agent Travis Lawson took pains in the November interview to warn Crosby of perjury in the sworn statement, asking why Clark would later apologize to Tunnell for Crosby's comments if they were not threatening.

"Nobody has to apologize for a secretary of a state agency unless they've done something really wrong or stupid," Lawson said.

Crosby said he did not know about Clark's comments to Tunnell after the Aug. 22 meeting.

Crosby and Tunnell agreed they would meet at Clyde's and Costello's, a popular bar for the state's political movers, on that Monday night. They were joined by Washington Correction Institution warden Rick Anglin and Gulf CI assistant warden Dale Hughes. Hughes, Anglin and some bar employees gave statements to FDLE agents after receiving subpoenas.

Crosby said he had gone downtown to visit Donna Arduin, the former budget director under Gov. Jeb Bush and California Gov. Arnold Schwarzenegger.

FDLE investigators found that some or all of the four DOC employees received more than 30 drinks in about a two-hour period. They left an unpaid tab of $143.25, though Crosby said he paid for his drinks.

The day Clark resigned, eight days after their meeting at the bar, Crosby offered Tunnell a promotion. Tunnell declined, saying it would be inappropriate due to the FDLE investigation.

In a separate statement to FDLE investigators, Tunnell ascribed his hiring at DOC to the very family connections he blamed for his resignation. Tunnell said he was hired after his father mentioned his interest in working for the DOC to Crosby at a social event.

Much of the 160-page transcription of Crosby's interview deals with his possession of equipment later requested by FDLE as part of a probe into illegal use of inmate labor and state material.

Crosby said Bryan Griffis brought a ladder, a leaf blower and a metal wood rack to his Tallahassee home in 2003, shortly after he was named DOC secretary.

Griffis is now a former DOC employee. He pleaded guilty last year to distributing steroids and embezzling funds from a recycling center he operated for the prisons.

Crosby told investigators Clark assured him the three items were owned by DOC employees, including Richard Frye. Frye was fired last month from his job at Apalachee CI for his role in a fight last year in Tallahassee.

Crosby said he frequently received things from DOC employees in ways that left the giver or the origin unknown.

"Overtly kissing up, it looks bad," he said of the gifts.

Crosby gave the FDLE agents the ladder and firewood rack last year, but he had previously ruined the leaf blower by improperly mixing the fuel for it.

He said the leaf blower was disposed of in a landfill near Sneads, and his efforts to have people recover it for the FDLE investigation were unsuccessful.

Crosby said he knew in the middle of last year that Frye and Clark "were going to be indicted" and that he was called in to the governor's office to discuss the situation.

He said the DOC investigations into two fights at DOC softball events last year, including one in which Tunnell broke another employee's jaw in Jacksonville, began in October only after the governor's office requested more attention be paid to the incidents.

Florida law requires agencies to investigate misconduct by sworn law officers it employs. Meggs dropped charges related to a Tallahassee fight against Clark, Frye and James Bowen in January. Frye and Bowen were fired earlier this month for lying to DOC investigators about the fight.

November's statements provide a glimpse into a separate criminal investigation that is continuing.

FDLE agents' questions to Crosby and Tunnell focused on improvements made to Clark's houseboat and Frye's truck, as well as Clark's use of a limousine to travel the state. They also asked about use of employee funds and lavish parties with alcohol at Clark's state-provided Sneads home.

Thirteen pages were redacted from the transcript of Crosby's interview. The questions immediately before and after the redacted section address the purchase of sporting goods from a Lake City store. Crosby ended the November interview with FDLE agents by saying he was "probably going to go talk to an attorney."

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Gainesville Sun reporter Karen Voyles contributed to this story.