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State Attorney Melissa Nelson's Letter To Gov. Ron DeSantis

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Office of the State Attorney 311 West Monroe Street

Fourth Judicial Circuit of Florida Jacksonville, Florida 32202-4242


www.sao4th.com Tel: (904) 255-2500

MELISSA W. NELSON
STATE ATTORNEY

July 2, 2020

Honorable Ron DeSantis


Governor, State of Florida
Attn: Susan Smith
Governor’s Legal Office
The Capitol, Room 209
Tallahassee, Florida 32399

RE: Request for Executive Assignment;


FDLE Investigation of Clay County Sheriff Darryl Daniels

Dear Governor DeSantis:

In May of 2019, the State Attorney’s Office for the Fourth Judicial Circuit (“SAO”) contacted the
Florida Department of Law Enforcement, Office of Executive Investigations (“FDLE”) regarding
the May 6, 2019, arrest of Cierra Smith (“Smith”) for stalking by the Clay County Sheriff’s Office
(“CCSO”). FDLE was contacted in response to allegations made by Smith at the time of her
arrest, that Clay County Sheriff Darryl Daniels (“Sheriff Daniels”) had used his position as
Sheriff to illegally order a Clay County Sergeant to arrest Smith, with whom Sheriff Daniels had
an ongoing extramarital relationship.

The SAO contacted FDLE regarding Smith’s allegations of official misconduct by Sheriff
Daniels, and requested that FDLE conduct an investigation related to Smith’s allegations. This
request was predicated on the clear conflict of interest that would exist if CCSO attempted to
handle an investigation involving the head of their own law enforcement agency.

FDLE’s investigation lasted over a year and was just completed. FDLE has provided the SAO
with its Investigative Summary reports, which have been reviewed by this office. In reviewing
these reports, it has now become clear that if a formal prosecution were to be instituted against
Sheriff Daniels, that assistant state attorneys currently employed by this office would be
required to not only be listed as state witnesses, but ultimately could be called as witnesses at
trial.
While it has always been my intent for this office to fulfill our legal obligation to pursue a
criminal prosecution if warranted, it is now clear that a conflict of interest would exist if this
Office were to institute a prosecution wherein assistant state attorneys currently working in this
office, were also called as state witnesses at trial. Due to this conflict of interest and in order to
avoid any appearance of impropriety, I am requesting that this investigation be reassigned to
another judicial circuit for handling.

Although FDLE’s investigation has been concluded, no decision has been made whether the
evidence warrants an arrest and/or criminal prosecution. However, because this investigation
involves a matter of great public importance, there is urgency for the reassignment to another
judicial circuit.

Sincerely,

Melissa W. Nelson

MWN/mmn

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