Talk:Crime Scene (TV series)
From Wikipedia, the free encyclopedia
FROM: Patricia Shepard, 4515 Addison Street. Lansing, Michigan 48917 TO: FBI Regional Office , 26th. Floor, P. V. McNamara FOB 477 Michigan Avenue Detroit, Michigan 48226, detroit.fbi.gov (313) 965-2323 X4049 Fax 313-237-4009 CF: Office of the Assistant Secretary, U.S. Department of Homeland Security , Transportation Security Administration, 601 South 12th Street, Headquarters, Arlington, VA 22202-4220. CF: United States Senate, Senator Carl Levin and Senator Debbie Stabenow, Washington D.C. 20510-2204. ___________________________________________________________ March 26, 2007
Subject: Formal Appeal on Karen Keyes-Turner’s Decision for Patricia Shepard’s Removal
Dear FBI Examiner, The Transportation Security Administration has given me a second Proposal for Removal that reflected three reasons for termination. Each of the reasons mentioned in Karen Keyes-Turner’s proposal are untrue or false. Karen Keyes-Turner, the DFSD at Flint Bishop Airport is the same individual who is currently under investigation by the FBI. Under normal circumstances, this person would have been put on administrative leave for security reasons. Karen’s past behavior already shows a reckless disregard for fairness, and now uses her position to initiated paperwork to terminate the employee. Karen’s proposal stated, “Further, your continued absence has prevented thorough investigation of a claim by your coworker that on Feb 23, 2007, while working together in Baggage, you casually mentioned the fact that you had dynamite in the trunk of your car. I consider such comments to be serious in nature warranting additional investigation. Based on the seriousness of your continued AWOL and failure to follow instructions, I have determined that your removal from Federal service is appropriate to promote the efficiency of the service. This action violated “Title 18 U.S.C. § 1513 Criminal Code PART VIII: OFFENSE AGAINST THE PERSON AND REPUTATION 219. (1) Every one is criminally negligent who (a) in doing anything, or (b) in omitting to do anything that it is his duty to do, Shows wanton or reckless disregard for the lives or safety of other persons.” This incident was already 2 to 3 weeks old when I first heard. Why didn’t TSA contact the FBI or ATF regarding this incident? The comment regarding the dynamite was the most serious allegation in Karen Keyes-Turner’s five page proposal and yet only two or three sentences? Strange ? The fact is my continued absence has prevented Karen from harming my friends and from framing or setting me up further. I am more security and safety aware then TSA!
Under Title 18 U.S.C. section, 1001, a person within the jurisdiction of any department or agency (TSA) of the United States knowingly and willfully falsifies conceals or covers up by any trick, scheme, or device a material fact or makes any false fictitious statement or representation; or makes any false writing or document and knows it contains false fictitious or a fraudulent statement or entry shall be fined or imprisoned. Furthermore, the timing of the alleged incident is very suspicious, since this situation happened on my last recorded working day, February 23rd. According to my journal, it was a busy day indicating no time to be joking around. Two situations were clearly indicated. One situation involved Brian Belau, my supervisor, asking him if TSA wanted the additional number I had and if Brian would be working on Saturday. The other situation was a mishap that occurred while I was walking out to my car in the parking lot, someone had surprisingly pulled out of their parking space without warning. No one was hurt, but some individuals did joke about this situation, because it was Karen Keyes-Turner. The airport parking lot tapes can verify this occurred. People working down in baggage include Daryl Overholt, the lead screener, Yvonne, Vanessa, Torey, Tammy and myself.
Also, several points do not fit like the unnamed co-worker mentioned in Karen’s proposal. The co-worker claimed something so serious, but ignored the fact that everyone has a right to confront their accuser. Also, I had no past documented disciplinary action or behavior to support this allegation. TSA even waited too late to even notify me to conduct an investigation regarding the alleged offense. The lack of action only proved the falsehood that was issued by TSA and shows actual malice involved. This would not be hard to prove in my case. There is no excuse why TSA did not address this incident immediately, not twelve days ago, but immediately! Again, reckless! Under Title 18 U.S.C. § 1505. “Whoever corruptly ... influences, obstructs, or impedes to influence, obstruct the proper administration of the law under which any pending proceeding is being conducted before any department or agency of the United States ... shall be fined not more than $5,000 or imprisoned not more than five years, or both. “ This answers Karen Keyes-Turner’s question she had regarding the importance of Title 18 section 1505. In addition, there is nothing causal about the above mentioned situation. As a rule, safety should have been TSA’s first concern, not if the FBI or DHS was investigating. The FBI investigation initiated by me was discussed in a telephone conversation with Dar Allen, but Dar never mentioned on March 9th, the false comment regarding the dynamite or delay in a possible investigation. The same thing happened when I went into work on February 28th. I talked to Brian Belau and Mark Dungey, but I was not notified regarding the incident, instead the issue was my doctor’s second request and change in work schedule. TSA says changing my work time was not considered to them as a work schedule change. By law it does. Changes in work schedule include: OPM Chapter 24. Change in Work Schedule/Change in Hours (Natures of Action 781 and 782) — a change in the work schedule or time basis on which an employee is paid; include (2) Change in hours — a change in the total number of hours during that day that a part-time employee is scheduled to work. (3) a change in employee's tour of duty (a change in the hours of the day or the days of the week during which the employee will work). Another amazing fact, all three individuals: Dar Allen, Brian Belau, and Mark Dungey, in leadership positions and yet no mention of something that serious as possible dynamite in someone’s car? A person responsible for the overall security of the public would just forget? Brian Belau and Mark Dungey also never mentioned it in their emails, (February 28 and March 1st), that my absence delayed an investigation. As predicted, the Transportation Security Administration did nothing to Karen Keyes-Turner and Denise Amiccuci to prevent further harm. “A conspiracy of silence, a systemic act of cowardice and betrayal, as each responsible individual, having failed in their duty to act with honor, courage, and personal integrity to "protect the safety of the public", each having been personally confronted with a choice to act on clear evidence of acts of fraud,” By Charles J. Murray EE Times 18 July 2002.
The second reason for my removal was because of my continued Absence Without Authorized Leave (AWOL) status. This was explained in Specifications 1 thru 3, and a 2003 situation. The specifications that Karen outlined are not disciplinary actions, and are not actions for removal. Karen Keyes-Turner’s reason indicated in her proposal does not give all the facts surrounding the circumstances. For example, Specification 1 : “You did not report for your scheduled shift (12:30-2100) on February 28th, 2007. You did not provide an administratively acceptable excuse for this day and you were carried AWOL.” The fact is I did give my supervisor, Brian Belau on February 16th , an administratively accepted excuse that was given by my doctor, Carol Hill. The note states, “The above patient is not to be assigned any additional duties until further notice. She is to continue her regular job duties and work schedule with no deviation from it. As stated previously, additional duties at this time would add physical strain to her. She is currently undergoing extensive dental work and the additional strain is not conducive to her physical health and well being. If you are in need of further information, please contact this clinic.” Signed Carol L. Hill, MSN, Nurse Practitioner Furthermore, before it got to a point where TSA proposed an action for removal, why was it so hard for the Transportation Security Administration to honor a temporary medical request that would enable a screener to remain working? They knew the additional duties include being a closer. The closer is a position that might work more than eight hours, so why put me into that position “The work schedule with no deviation,” means do not change the regular work schedule. This would have kept the employee from going on sick leave. Most reasonable employers would have liked that arrangement. The doctor’s request, dated February, 2007, is from the same doctor, and has more medical detail or explanation, then the medical re-certifications, dated November, 2004. Ironically, the 2004 medical re-certifications reflected less explanation, but was still accepted by Karen Keyes-Turner. The 2004 return to duty certification was not accepted by Karen. She replaced it with an outdated re-certification. The correct return to work certification had weight restrictions. In the past, Karen Keyes-Turner displayed this type of behavior, and the pattern is consistent with current events. TSA directive 1100.73-5 concerning “Employee Responsibilities and Conduct states, “Exceptions to this requirement include when the employee is incapacitated, or when there are other exigent circumstances. “Those circumstances would cause a reasonable person to believe that action or lack of action (or other relevant prompt action) was necessary to prevent physical harm, the destruction of relevant evidence, the escape of a suspect, or some other consequence. The result could frustrate legitimate law enforcement efforts like the FBI as stated in case law, United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984). A screener has a right to protect themselve? The real issue here is the supervisor was properly notified, but threatened the screener further. The screener signed out fifteen minutes after reporting for work indicated on TSA’s official sign in, but was never compensated. She was given AWOL time for the total eight hours. Saturday and Tuesday were already documented and approved for annual leave when she called in, but was included in the AWOL hours. Karen Keyes-Turner is an individual being investigated and has used her position to initiated paperwork to terminate the employee. Under normal circumstances, the person investigated would have been on administrative leave for security reasons. Under Title 18 U.S.C. § 1512. “Tampering with a witness, victim, or an informant (b) Whoever knowingly uses intimidation or physical force, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to– (1) influence, delay, or prevent the testimony of any person in an official proceeding;(2) cause or induce any person to– (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;(3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense ... shall be fined under this title or imprisoned not more than ten years, or both.”
Also, the written memorandum by Al Nether identified in Karen’s proposal was an incident that involved Mark Dungey. This statement was to be taken out of my file after a completion of an inquiry. It had no merit. The fact that no performance evaluation reflected this situation, or no bonuses withheld speaks for itself. I was also selected to be retained as one of four female screeners at Flint Bishop Airport who retained their full-time status in 2003. A letter certified to Jim Bullock had outlined some additional concerns from me and a review of my performance file dated March 30, 2005 was also addressed by David Stone’s letter.
I reviewed my performance file quarterly, so this action by Karen to use the 2003 statement only proves the document was kept and stored somewhere else, and shows Karen Keyes-Turner’s continued failure to show any cause for my termination. (TSA) knew the statement was false or recklessly disregarded the truth or falsity of the statement. This showed only that the TSA was negligent and failed to act with due care in this situation.
Furthermore, the 2004 AWOL actions that Karen Keyes-Turner denied to have initiated while assigned as a Human Resources Supervisor was not mentioned in Karen’s proposal. Why? Was it because it shows that Karen lied about the situation, and gives question to her credibility? Proven by Karen’s own email to Barry Phelp’s, There are extenuating circumstances which preclude proper notification of absence by the employee, and this is one of those cases. Lastly, Karen ‘s proposal indicates , “failure to follow instructions,” as the last reason given for my removal. I have concerns regarding TSA’s failure to foresee avoidable dangers. This also includes the written instructions that state, make arrangements for an oral reply and to contact Karen Keyes-Turner. I believe this is in violation of Title 18 U.S.C. § 1512, tampering with a witness, victim, or an informant (b) Whoever knowingly uses intimidation or physical force, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to– (1) influence, delay, or prevent the testimony of any person in an official proceeding; (Exhibit 1) Mr. Allen states, “you did not intend to return to work until the FBI investigation was completed. That is correct. Karen has proven already a reckless disregard for anyone when she ignored the possibility of an FBI investigation and initiated my termination. The POC is the undersigned at 517/321-2789.
Respectfully,
Patricia Shepard
