VOLUNTARY SWORN STATEMENT
STATE OF FLORIDA DATE: August 16, 2013
COUNTY OF VOLUSIA CASE NUMBER: 130006568
CITY OF PORT ORANGE PAGE NUMBER: 1 OF 10
Michael R. Mlynarski
932 Bentwood Lane
Port Orange, Fl. 32127
After reading the Port Orange Police Department Incident Report about me (Michael R. Mlynarski) being falsely accused of pedophilia by the YMCA staff on July 5, 2013, I was compelled to make this statement to set the record straight. The first section of the police report contains false and misleading information, if not outright lies, about me. The first section of the written incident report does not contain or include any statements from me and it needs to be there. The audio recording section of the report erased certain comments I made during the period I was detained by the Port Orange Police Department (POPD). The police Sargent Aiken who approved the first section of the report got into a verbal argument with me when I questioned him about it over the phone on the evening of July 19, 2013. He said, “He approved that report” and I questioned it. Evidently, Sargent Aiken thinks if a report was approved by him I should accept it as gospel. I questioned a POPD Lieutenant Jackovenko about the report and his response was to send the POPD officers to my home.
For the above reasons and many other reasons as addressed below, this statement is considered necessary
After a phone call with POPD Captain Proctor in late July 2013 where I related my concerns about the incident report, he told me my statement, which this is, would be included in the case report. It is not bad enough that the YMCA staff got it terribly wrong, now I have to put up with pressure from police officers? I don’t think so. Those actions must receive my documented statement as this incident/case report #130006568 will never be erased from the records and will follow me for the rest of my life.
We have all learned from recent news media reports about the quality of municipal policeman based on news media reports in Lakeland, Florida with their numerous firings and resignations due to sexual activities on the job in police cars, buildings, at a funeral etc. since 2001 to the current year, and the Daytona Beach police officer promoted to sergeant in 2008 who quit about July 26, 2013 after posting nude photos of herself online and having virtual sex on line. Also, a Detroit police Sargent with twenty years’ experience was arrested for robbing citizens at gunpoint made the news on July 29, 2013. The reputation of municipal police has been damaged; therefore, their reports should not be considered flawless and should be looked at with a healthy skepticism.
The first part of the incident report identifies me as the suspect and implies that I wanted to make a fast-getaway. Witnesses stated repeatedly that “he did not want to wait” when I was asked to wait. The POPD report is written in a way that justifies the overreaction of the POPD by making me stand in the sun under police detention with the threat of a gun for one-half hour, making my 37 year old daughter cry like I never heard her cry since she was 10 years old, bringing in three police cars to the scene to NOT make an arrest, unnecessarily detain an innocent man and let the real pedophile slip through their fingers.
I made follow-up phone calls to the POPD and the response by the POPD to my questioning of the report makes me even more adamant that I need to file my statement.
First and foremost, I must clear-the-air about me. I have never been arrested or convicted of a crime. I have not had so much as a moving violation in thirty years. I’ve had a parking ticket in Vero Beach about twenty years ago. I’ve been a banker for thirty five years, including nineteen years as a bank auditor, eight years a bank examiner and five years in commercial loan review. I even wrote a book about banking See www.ToKillMiamiBanks.com . The bottom line is I’ve been a law abiding citizen my whole life and I’m not some dumb ass that just fell off the back of the cabbage truck.
I’m writing this to defend my reputation that I have built up over a lifetime and because the YMCA staff accused me of grabbing a little boy in the shower room, the POPD believed them and did not believe me when I told them “that is the stupidest thing I ever heard.” The POPD did not immediately check my clean record when I gave them my driver’s license to facilitate a criminal records check.
The actions of the YMCA staff and the POPD essentially turned an innocent man into a suspect, a suspect into a victim and also, turned an innocent man’s daughter into victim. I can still hear my thirty seven year old daughter ask me with her crying eyes voice that I have not heard since she was ten years old, “Daddy! Are they going to arrest you?” The kind of treatment we received from the YMCA and the POPD is the kind of treatment that deserves a statement like this.
The following is what happened to me on July 5, 2013 and my follow-up on the days afterward.
After swimming in the YMCA pool I entered and exited the YMCA men’s locker room a few minutes after entering it, showering and changing clothes. Nothing else happened inside the locker room while I was there. I exited the locker room to the outside of the pool area at about 4:30 p.m. I was stopped by a woman with a YMCA shirt. She said that she had talked to me yesterday and that she wanted me to go to the manager/director’s office. As I had neither talked to this woman before nor seen her before in my life, I asked what this all about.
I called my daughter over and told her what the woman said and we walked towards the manager/director’s office with the YMCA woman walking close behind us. The YMCA woman did not say what this was all about. Trying to be very cooperative I walked with her with my daughter next to me, shoulder to shoulder, with the YMCA woman right behind me to my left. The POPD report identified this woman as Ginni Hiers.
We walked to just outside the manager/director’s office and Ginni said the manager/director was not in yet. I looked into the office and saw that the manger/director was not sitting at her desk so I told the woman I will wait just outside the office because I did not want to leave my daughter alone as she looked upset. My daughter and I sat down at the tables outside the manager’s office reading the newspaper. I asked the YMCA woman again what this was all about and she did not say. She said, “The manager/director wanted to speak to me.”
My daughter was worried as she asked me if anything was wrong as she said it seemed that I was being called into the principal’s office in a high school environment scenario.
The YMCA representative came back to the tables where we were sitting and asked if I would like to go into the office now in a very demeaning tone of voice and I said I will wait for the membership manager/director to come in. I found the tone of the YMCA staff member upsetting.
While patiently waiting for the manager/director to come to her office my daughter and I finished reading all of the sections of the Daytona Beach News Journal and waited for quite some time, at least fifteen minutes. No membership manager/director or anyone else showed up so I said to my daughter, let’s go, and we began to walk out the front door of the YMCA. My granddaughter was also waiting for us back at my home in Port Orange and she might start to get worried.
At this point I had to leave. I thought that between fifteen and twenty minutes was enough time to wait for some unknown reason. I do not know where the manager/director or whoever was supposed to show up in the YMCA office was or what the person was doing. I poked my head into the office and said in a loud voice, “I can’t wait any longer.” NOTE: My daughter can witness how long we waited for the manager/director or whoever was supposed to show up.
This is where I take extreme issue with the first section of the police report approved by Sargent Aiken. Line 17, page 3 of 3, of the report is wrong and could be considered perjury and this woman Catherine Rosekelly could have committed perjury. The Line 17 written by Officer William Rhodes states, “At this time Catherine approached me (the officer) and advised me the male suspect (Mlynarski) was contacted and asked to wait but he stated he would not wait.”
I never said I would not wait and I did wait for at least fifteen minutes. Her statement in the POPD report is untrue.
The next untrue statement comes from Ginni Hiers, described as the aquatic director of the YMCA. Lines 41 and 42 of the untrue statement are as follows: “Ginni advised (Officer Rhodes) she waited for Michael to exit the locker room then she contacted him. Ginni advised Michael that the membership director wanted to speak to him and asked him to wait for her. Ginni stated that Michael said he would not wait. Ginni was advised later that Michael was not the suspect. Ginni gave a written statement.”
As I stated in above paragraphs, I waited for at least fifteen minutes at the tables outside of the membership director’s office after Ginni walked with me and my daughter to the tables outside the manager/director’s office. So to say that I did not want to wait is a lie and I did wait and thank God my thirty seven year old daughter was there to verify everything that I did and said. Ginni’s statement could be considered perjury. Ginni’s sworn written statement also states “He wasn’t going to wait around.” This sworn statement could be considered perjury and is a lie. Ginni observed me and my daughter sitting down at the tables and waiting.
Also, the next big lie is the chain of events in the report on the same page 3 of 3 which proves the lie on lines 41 and 42. Lines 19 and 20 state that the “possible suspect” (that’s me) “an older male sitting at a table with a female.” This line says I was sitting at the table with my daughter. The POPD incident report documents that I did wait. Line 19 states, “I (Officer Rhodes) exited the office in the middle of my (Officer Rhodes) interview with (the child’s name) to stop the possible suspect from leaving. Catherine pointed out an older male (me) and a female and advised that he was the person they stopped because he was an older male with gray hair seen going into the locker room wearing a long sleeve black shirt.”
Lines 41 and 42 happened before Lines 19 and 20. Apparently Ginni was the YMCA woman who stopped me outside the locker room and walked me to the office and I said I will wait at the tables in front of the office with my daughter because my daughter appears concerned and the director was not in the office anyway.
As I stated above, we walked to just outside the manager’s office and the woman said the membership director was not in yet. I looked into the office and saw that the membership director was not sitting at her desk so I told the woman I will wait just outside the office because I did not want to leave my daughter alone as she looked upset.
My daughter and I sat down at the tables outside the manager’s office reading the newspaper. I asked the YMCA woman again what this was all about and she did not say. She said, “The manager/director wanted to speak to me.” I became worried at this point.
After waiting for at least fifteen minutes at the table I did not know what the manager/director was doing that was taking so long. However, I do know the manager/director was NOT performing, directing or controlling procedures at the YMCA to ensure that the security equipment (cameras etc.) was working properly. The second section of the POPD Incident Report dated July 16, 2013 indicates both the computer system and the cameras were not functioning properly. Therefore, the real pedophile, (the criminal who performed the sexual acts, hugging, etc. the little boy) got away free and as is free to this day.
As an aside the pedophile is now free to hug or otherwise perform pedophilic acts on other children at the YMCA and throughout the greater Port Orange, Volusia County and Central Florida area in the future.
Apparently the computer equipment at the YMCA of Port Orange was not functioning in a proper manner. The malfunctioning security equipment caused delays in the investigation process of the POPD days after the incident; therefore, caused an impediment to an efficient and effective investigation process and the apprehension of the real pedophile. Also, YMCA management did not have a lockdown procedure to protect the children from pedophiles. YMCA management puts children at risk to pedophiles by allowing them to shower in the small room with adults who could be pedophiles. YMCA management does not have adequate security procedures like security cameras at the entrances to the locker rooms to identify YMCA members entering and exiting the shower rooms. If YMCA management had photos of all people entering and exiting the shower rooms and someone reported a child was hugged in the shower, the YMCA facility should have been on “lockdown”, the police called and the pedophile would have been caught. Negligence and unnecessary risk to children may be a factor here.
The result of the managerial techniques of the YMCA staff is listed on the bottom line of the second section of the POPD Incident Report dated July 16, 2013 which states, “At this time this case is inactive as there is no identifiable suspect.”
The Board of Directors of the YMCA and/or those who monitor the management team and the staff at the YMCA of Port Orange in charge of the Port Orange YMCA, should perform an investigation/audit of those personnel to ensure that the competence of the manager/Director and the staff are performing in a manner sufficient to safeguard the men, women and children, especially against those who would choose to abuse the children. If you ask for my professional opinion, as I was an auditor/examiner for 35 years, I think the personnel who run the YMCA at Port Orange need significant improvement, if not disciplinary action.
My statements on the events of July 5, 2013 continue as follows:
When my daughter and I got up from the tables and walked outside of the entrance door of the YMCA, a Port Orange policeman stopped me and asked me to wait. I asked what for? The policeman said that I fit the description of a man who grabbed and fondled a little boy in the locker room. I said that’s the stupidest thing I’ve ever heard. He said that I fit the description of the pedophile in that I was an older man with a stubble beard and wore a long sleeve black shirt.
I told Officer Rhodes that it wasn’t me and that I have not even had a parking ticket in the last 20 years, I’ve been a banker for 35 years and their accusation makes no sense. My daughter started to cry at this point. I asked Officer Rhodes, I am under arrest? He said, “I cannot leave.” (I later found out I was being “detained” as it was explained to me I could not leave. Whenever a policeman stops you for some reason, traffic stop, etc. you cannot leave.)
I said to the policeman I want to leave because I didn’t do anything and he called for back-up as I’m 6 foot, 3 inches tall and he was much smaller than me and maybe suspected I would make a run for it or beat him up or something.
I told Officer Rhodes again that I didn’t do anything wrong and looked at my now crying daughter. Another Port Orange policeman pulled up in a police car who I later found out was Sgt. Aiken. He told me I could not leave and I should wait outside. Officer Rhodes went inside to talk to people at the YMCA.
During the time I’m waiting in the 90 degree sun in the front of the YMCA, another Port Orange policeman pulls up in his police car. It was a police supervisor.
Now I’m standing in front of the YMCA in the sun, being detained under suspicion of being a pedophile, two police officers are standing around me ready to pounce on me if I make a move to leave, three police cars around me, with my daughter crying in the background. Many YMCA members and others were coming out of the YMCA as it was close to closing time of 5 p.m. The people were gawking at me and my daughter and we were very embarrassed and held out to public ridicule. I’m sure the people were thinking I was being detained or under arrest. I was wandering when the SWAT (Special Weapons and Tactics) team would next approach. It was as if the POPD thought Charles Manson had escaped prison and was on the loose at the YMCA.
Sargent Aiken stood guard over me while I was standing in the blazing hot sun for over thirty minutes holding me under police detention saying, “I could not leave” while my daughter was crying on a bench near the front entrance of the YMCA and she asked, “Daddy, are you going to be arrested?” The stoic Sargent seemed to take pleasure watching the “alleged pedophile” sweat in the sun with my daughter crying and seemingly begging for mercy. Excessive police action is a strong possibility here.
This is the point Sgt. Aiken should have used his experience, thinking this situation through. He could have taken my driver’s license and run my identification through the police criminal records. If he did that he would have found I have never been arrested or convicted of a crime. I have not had so much as a moving violation in thirty years. I’ve had a parking ticket in Vero Beach about twenty years ago. A third policeman was there on the scene, so Sgt. Aiken did not have to stand there over me with the threat of a gun. Apparently he and the third officer decided to just watch.
Here is another thing that should have dawned on an experienced police officer. Why would a pedophile bring his thirty seven year old daughter to a place where he was going to perform a pedophiliac act? Would a pedophile have a daughter in the first place? Would a daughter hang around with a father who is a pedophile?
So many logical questions, so much information available and so little thinking and actions occurred at the YMCA that day.
The experienced police officer (Sgt. Aiken) could have found out I had no police record, walked to the police officer inside the YMCA and say to Officer Rhodes, “This guy has a clean record. I think we made a mistake here and let this guy and his crying daughter go. They have suffered enough.”
If the police wanted to question me later they could have put me in a police lineup. I own a house in Port Orange. Where did they think I was going to go? I own a house two miles away. The address on my driver’s license is current.
However, Sgt. Aiken remained standing on guard, waiting for the accused pedophile (me) to make a break for it and shoot me down if necessary.
After about thirty minutes or so, Officer Rhodes came out of the YMCA building and said I was not the person they were looking for and I was free to go.
Line 52 of the police report states, “An audio recording was logged into POPD evidence.” I listened to the audio recording when it was made available to me on July 17, 2013. At the point where the audio recording says the police officer told me, “I was not the person they were looking for”, I shouted at the police officer, “No shit Sherlock!” My exclamatory statement was erased from the audio recording.
I have not heard about recording erasures since the Nixon administration. I told Sgt. Aiken this during my phone conversation on the night of July 19, 2013 and he told me in no uncertain terms that nothing was erased from the recording. My daughter also remembers me making the “Sherlock” remark.
After I shouted at Officer Rhodes, I was very upset and wanted to talk to the woman who falsely accused me of being a pedophile. My daughter told me not to go back into the building as I was upset. I reluctantly agreed.
Soon after Officer Rhodes told me I was not the pedophile, my daughter told Officer Rhodes that she saw another older man with a long sleeve black shirt in the pool about one half hour before he stopped us. She said he was leering at her and she picked up her cigarettes and went outside of the YMCA entrance to smoke. She said to Officer Rhodes, “He could still be there.”
I asked the Officer Rhodes when the report will be issued and he gave me his business card and the case number. My daughter and I left the area and drove off.
I went to the Port Orange police department the next day, (Saturday, July 6, 2013). The records department was closed and a police officer told me to come back on Monday when the records department was open. I went back on Tuesday, July 9, 2013 as I had to assist my daughter and granddaughter in getting ready to leave for their home in Tallahassee on Monday. I thought it would take more time to create the police report anyway.
On Tuesday, July 9, 2013 a police detective and his sergeant said the police report was not ready as it is an open investigation. The detective (Carl) said he had a stack of names of YMCA members that he was going through who were at the YMCA that day that he had to go through to pick out the perpetrator of the pedophilic act. The detective said it may take a month or so before the report would be issued, if he was not put on other duties in the meantime.
I spoke with the Port Orange detective over the phone in the afternoon of Wednesday July 10, 2013 to get a progress report on the case. The detective said that he talked to the mother of the boy who was assaulted, and he said that the mother said the suspect only hugged the boy and did NOT grope the child sexually. Therefore, the detective said the charge would be a battery and NOT a sexual assault. This additional grievous mistake of the woman staffer of the YMCA shocked me more in that the woman at the YMCA not only identified the wrong person, but she also got the wrong act.
I still have a concern as follows: If a pedophile hugs a child with his arms around him in a shower room, where was his genitals at the time he was hugging the child?
In the first place the YMCA staffer did not question the mother in a satisfactory manner as to determine the proper identity of the unlawful act and the perpetrator of the hugging act.
The detective stated further that the YMCA’s computer system could not produce the photos of the people walking in and out of the locker room that day due to some malfunction; therefore, his investigation could not go forward.
My daughter and I have been very upset since I was falsely accused of being a pedophile. We are still upset, have mental anguish, physical pain and suffering (stomach, bowel upset, loss of sleep, etc.) and have been humiliated, intimidated, degraded and mistreated. We are both taking over the counter medication to ease the pain and suffering. Neither one of us have sought the advice of a medical professional as we do not have medical insurance.
In conclusion here is what the YMCA staff, aided and abetted by the POPD, has done to me and my daughter.
(a) Falsely accusing me of being a pedophile,
(b) Calling the police to denigrate me by treating me like a criminal,
(c) Causing the police to write a Suspicious Activity Report that is open to the public,
(d) Failing to gather sufficient information from the people (mother and son) involved to know what unlawful act transpired,
(e) Causing a delay in an open police investigation by maintaining the YMCA building’s security equipment in a manner that facilitates the reckless disregard of the YMCA members and the failure to safeguard the YMCA members from unlawful acts, and
(f) Causing mental anguish and stress, physical pain and suffering (stomach/bowel upset, loss of sleep, headaches, etc.) humiliation, degradation, mistreatment and intimidation to me and my daughter.
Above all, I have the concerns that a pedophile has entered the confines of the YMCA property in Port Orange and furthermore that the children of the greater Volusia County community are vulnerable to another incident (hugging a little boy in a shower and doing who knows what else) by a pedophile who is still at large and this has not been reported to the local media.
Furthermore, I spoke with POPD Sgt. Aiken on the night of July 19, 2013 about the police report written about the day of the incident on July 5, 2013. The Sargent stated that he approved the police report. I questioned him about the report and he became very upset to me. I tried to say that the report lied about me. I told him I wanted the report to include my side of the story and he kept cutting me off on the phone with loud language. Then he said he didn’t want to get into a shouting match with me.
Sgt. Aiken also said, “No one called me a pedophile.” However, the audio recording which is part of the evidence report records states Officer Rhodes saying to me, “The little boy and the mother of the little boy identified me.” That’s another reason I don’t trust Sgt. Aiken. In fact the mother and the little boy never identified me.
I told Sgt. Aiken, “I guess I would have to have to file a Complaint.” He said, “I could” and he ended the call.
The audio disk, which is part of the evidence report, states Officer Rhodes said, “The little boy and the mother of the little boy identified me.” After Officer Rhodes made that statement on recording he went back to talk to the mother and little boy. The mother talked to the boy and the boy described someone without “whiskers” and that the suspect was as tall as his mother, who was five feet, seven (inches) with brown skin.
Please note that the audio recording also stated that when the mother saw me through the window at the YMCA she immediately said, “No, he has a full beard and he is too tall.” I have a full beard and I’m six feet, three inches tall.
In brief, the report appears to me to indicate that the YMCA staff lied about me and the POPD wrote down what they said and were negligent by not verifying their story with me.
I had phone contact with POPD Captain Proctor on July 26, 2013 where I related my concerns about the incident report and my concerns with Sgt. Aiken. Captain Proctor told me my statement, which this is, would be included in the incident report. Captain Proctor told me he would tell Sgt. Aiken’s supervisor, Lieutenant Jackovenko to call me in the evening of July 29, 2013 when he was next on duty to work out the details.
Lieutenant Jackovenko called me about 7 p.m. on the evening of July 29, 2013. I asked him about the issues I had with the POPD report. Surprisingly Lieutenant Jackovenko said he didn’t want to discuss the report and he said he would send both Sgt. Aiken and Officer Rhodes to my house to discuss it with me. Officer Rhodes is the officer who was first on the scene at the YMCA and he wrote the incident report that Sgt. Aiken approved. I explained that the last contact I had with Sgt. Aiken over the phone ended with us parting under something less than friendly circumstances.
Lieutenant Jackovenko insisted that he did not want to get involved and said that he would have the two POPD officers come over to my house whenever I would like when they were on duty. I thought that not wise as I did not want to hire a security guard as a witness to verify my words and actions with two POPD officers with whom I have significant issues. My additional concerns were that the POPD officers were going to try to intimidate me to change my opinion of the POPD incident report or harass me in some way.
I’ve been monitoring management teams my whole career in my capacities as a bank auditor for nineteen years and eight years as a bank examiner. I thought it very strange that a Lieutenant (a manager) does not want to get involved with issues under his managerial responsibility. Now, I’ve been to college and studied management techniques and I have never heard of the managerial school that instructs a member of management to say they don’t want to hear about what happened with the incident between his staff (police officers) and me on July 5, 2013 and the follow-up phone calls etc. I must have been absent that day in college when the college professor was discussing the management technique defined as, “See no evil, hear no evil and do no evil.” I did see something close to that recently on T.V. It was on a re-run of an episode of the “Three Stooges.”
As there is no telling what would have happened when the two officers came to my home, I called Lieutenant Jackovenko and told him that a meeting with the two officers could be counterproductive and I would submit this Sworn Statement.
I did also speak with Chief Monahan and Captain Proctor about this incident and my interactions with the POPD staff and they said I could submit my sworn statement and file a written complaint whereas the incident would be investigated.
The POPD may use this incident as a case study at the next police officer training session.
Michael R. Mlynarski DATE
932 Bentwood Lane
Port Orange, Fl. 32127