Lunsford deal with Citrus Sheriff's Office in jeopardy

UPDATE: The threat of a lawsuit from Mark Lunsford against the Citrus County sheriff has turned into a pitched PR battle. The latest exchange -- once again made through the media -- comes from Lunsford's attorneys. They offered Sheriff Jeff Dawsy a meeting at 1 p.m. Friday at their offices in Jacksonville. If the sheriff agrees to acknowledge mistakes in the investigation, they will drop the forthcoming lawsuit, said Eric Block, a Jacksonville attorney, in an interview. The Sheriff's Office was not immediately available for reaction.

A deal to resolve a potential civil lawsuit filed by Mark Lunsford against Citrus County Sheriff Jeff Dawsy appears dead for the moment.

The sheriff released a letter from a mediating attorney this afternoon that extends an offer to sit down and talk to Lunsford about changing national procedures for finding missing children only if he will drop the threat of the lawsuit.

The letter gives Lunsford until 5 p.m. Friday to respond with an answer. But Lunsford's attorney said in an interview they don't plan to comply to the terms.

"The answer is f--- no," said attorney Eric Block of Jacksonville in a telephone interview. "It's absurd. Have you ever heard of a lawsuit being dismissed with prejudice before reaching a settlement? No."

In a later interview, Block said he couldn't expand on his answer because he is ethically bound not to comment on settlement negotiations. He is upset the Sheriff's Office released the letter.

The two-page document is written by Stephen Diaco, an attorney for shock jock Bubba the Love Sponge Clem. The radio personality became involved after he repeatedly blasted Lunsford's lawsuit on his show. In the letter Diaco blames the media for sensationalizing and escalating the recent war of words and calls a lawsuit-free meeting "a very positive public relations event for both parties."

Lunsford filed a notice with the Sheriff's Office and the Florida Department of Law Enforcement in February that stated he intended to seek civil damages for what he deemed a flawed investigation into the 2005 abduction and murder of his 9-year-old daughter.

He wants Dawsy, who maintains he conducted a by-the-book investigation, to concede his mistakes, which Lunsford said includes placing the command center in the crime scene and not thoroughly searching killer John Couey's residence.

Jessica, a third-grader at Homosassa Elementary, was found buried in a shallow grave outside the mobile home 24 days after she was reported missing.

--John Frank, Times staff writer

Comments

Bubba is a repugnant piece of human garbage & has proven it time & again on his adolescent shows.

[Dawn]

All the best Police usually were in the National Guard (to earn extra pay) and consequently were sent to Iraq.

[CliffordRH]

Mark Lunsford needs a haircut and to get rid of the earring. It's time to grow up and be a respectable person - not a trailer dweller in a suit.

[Bobba]

"The answer is f--- no," said attorney Ric Block

This quote says a lot about the kind of scum we're dealing with. If Lunsford isn't in it for the money, he should have no problem with this resolution.

[JB]

This has made Lunsford look pathetic and has tarnished what he has set out to do.
dont kid yourselves this is all about the $$$$$$ He can say what he wants but he is living off this tragedy

[Hoss]

Bobba is correct. Thats a real class act lawyer who just wants to stay in the spotlight and get his share of the pie. Never trust anyone who says they are professional and puts his nickname in with his real name. Solid redneck.

[JH]

Honestly Mr. Lunsford, this speaks volumes to who you are and what you stand for. It is not an encouraging site.

While we all feel for your personal tragedy and might support any plausible theory of “what if”; I cannot believe the Sherriff’s department did not give best efforts considering the importance of a missing child. The public appears in disagreement with you, as do the defendants and I’m sure the courts will follow suit. Your attorney needs to examine the situation and decide for himself if he can help alleviate the pain of your personal tragedy without your enduring what likely will be a humiliating public spectacle and bad press.

[k]

Mark,

Lord knows you mean well and are no doubt making the best effort to honor your daughter. Your attorneys are likely offering you some quite compelling arguments to continue this case. Don't forget intent. Did your sheriff intend to mishandle the investigation? I'm sure there's inside things we may not know, but if you aren't telling us, this is hard to take.

Remember "The Gladiator"?

...Win the crowd.

[robert]

how dare you sue the sheriffs department, do you honestly think that these hard working men and women deserve this,. every investigator on the case i know for a fact question themselves everyday that they did all they could do. if you had been home and not at the bar the night your daughter was abducted, she would still be alive, look in ther mirror first, by the way if if it wasnt for attoneys we wouldnt need attorneys

[JohnD]

Amazing. Apparently Lundsford was getting some bad press so his lawyer (classless in the "f---no") lied and said there was no lawsuit, they just wanted a sit down talk. Well we all know that if there is no money to be gained, the lawyer wouldn't be sniffing around, plus the loser that is Lundsford is just looking to further gain financially off his sweet little daughters death.

[Heather]

You've got to be kidding me! Where are all these holier then thou attitudes coming from??? God forbid if the shoe was on the other foot, I'd be suing EVERYONE I could for this horrible tragedy, from John Couey (even though you wouldn't get squat), his aunt and everyone else that was staying in that trailer, to everyone else that may have dropped the ball in this case. Isn't it his right to do so? I mean for crying out loud, he paid the ultimate price, the life of his daughter, he will have to live with this for the rest of his life! You know damn good and well he beats himself up everyday for going out that night. Mark has to pay for going out that night by not having his daughter, I think everyone else that screwed up should have to pay just as hefty of a price! I think he should absolutely go for it, and do whatever it is that he wants to with whatever compensation he receives, I have enough faith that Mark will do right by the foundation, look at all of the good he's done so far. Give the guy a chance for crying out loud! Todd Clem on the other hand needs to crawl back into his hole.

[Nina]

It's sad that Mr. Lunsford feels the need to sue those who helped him so much. Suing CSO isn't going to bring Jessica back so he needs to help others from having a tragedy like Jessica's death happen to them by not being so greedy. We miss Jessica!
PEACE OUT!

[CaliS]

let the jury decide.

[JohnD]

Heather, What good has Mark done? He is just "the face" of the Jessie legislation and gets to travel all around the country for free, acting like a celebrity. His child died and now he is living off her death. To me, that is reprehensible. ALL money donated should go to help children, not for his booze & drug consumption......

[GB]

This is another fine act of Mark Lunsford and his trailer park mentality. I was one of the many law enforcemnt volunteers who were looking for his daughter through the swamps, in the rain, at night and coordinating woth numerous police and fire departments around the state and the country.

I guess the 50k a year the foundation is paying him is not enough?

I can tell you the community has lost complete respect for Mark Lunsford. If he would have stayed at home that noght and not gone bar hopping, the outcome might be different.

[Jarid]

Heather.... your an idiot!

[Deb]

All of you people who are bashing Mark are just ignorant to all the facts... yes there was plenty more that should have been done in a timely manner to find Jessie by the sheriffs dept. Now maybe they will learn from this and utilize their new found skills, if it were to happen to another child and sadly it does take a lawsuit for that to happen. Mark does not need a haircut or have to lose the earring as you all say,there is nothing wrong with him. You should all get off the bar kick deal about him and get a life, please tell me that you have never left your child with a babysitter of some sort. Shame on all of you hippocrits. My hats off to you Mark.

[Cheryl V]

Folks, regardless of what you think of Mark's appearance or his life-style, his little girl was stolen from his home and killed. She was killed right under the nose of the Sheriff's Office led by Jeff Dawsy. If it was your child, and the investigation and search was handled in the same manner as Jessica's, you would be angry, too. You would fight as hard as you could to make changes so that another child was not lost. It is unthinkable for Sheriff Dawsy to say that there is nothing he would change about the investigation. There is ALWAYS something that could be done better or sooner. Everyone should be asking themselves, if Sheriff Dawsy thought he had conducted the investigation 100% correctly, then why did he have the conversation with Mark about NOT suing his agency. Why in the world would the Sherrif have this conversation with the victim of a crime? Think about it. Sheriff Dawsy knows things were not done as best they could. All Mark is asking is that Sheriff Dawsy admit mistakes took place, and MAKE THE NECESSARY CHANGES TO ENSURE THAT ANOTHER CHILD IS NOT KIDNAPPED, ABUSED AND KILLED IN CITRUS COUNTY. Nothing more, nothing less.

[Barbara]

Where were the other people that lived in the house with Couey when he had Jessica in the house? I think that the sheriff did make a mistake not to thoroughly search killer John Couey's residence. And did any of the other people living in that house ever get arrested? Lunsford does need a haircut....and maybe a paying job instead of living off the death of his daughter.

[Cheryl V]

Suing the Citrus County Sheriff's Office will not bring Jessica back, but it just might prevent another tragic loss of life. Investigations need to be done promptly, thoroughly and within the guidelines of the law. Lawsuits aren't just about money, it's about making changes. In case some of you have forgotten, both Mark and his attorney have pledged 100% of any monies awarded them to the foundation. There is no need to pass judgment until the facts are out on the table. Then let the judge and jury decide.

[Caroline S]

Why should Mark cut his hair or lose his earring? Would short hair have prevented his daughter from being murdered? Would it give more creedance to his lawsuit? Mark speaks out for missing and murdered children. Is he any different than Marc Klass or John Walsh, both of these men gained "fame" after, and because, their children were kidnapped and murdered. I do not see anyone throwing stones at these gentlemen. Why? Because they have short hair?

[John]

Well Mr. Lunsford, you had me fooled there for a while. I was actually convinced that you were attempting to be a part of the solution. But now it appears that you are moving over to the side of the problem. . Just how is it you are qualified to submit changes to processes and procedures for a law enforcement agency? Seems to me, that with all their years of experience, they should be able to get along without your help.
You know those cops did everything in their power to help Jessica. All you are doing here is showing your true colors. If you need money, do what everyone else does, try working... Let it go!

[ChargerGuy]

Everyone who thinks that the CSO bungled the case . . . show them up! Go to the academy, get hired . . . and do a better job (for the same amount of pay). Study hard . . . because then you'll all need to become Six Sigma blackbelts in order to reduce the number of errors to what you're condemning the CSO for not meeting. I hate to be the ones to tell you this . . . the CSI shows on TV are fiction. I'm sure our law enforcement could provide that level of service, after you pony up the tax dollars for them to do so.

I'm thankful that those uniformed men and women get up and go to work every day.

Anyone accept my challenge? Mark?

[Damien]

Heather, in a previous post, just summed up what is sadly plaguing our country today: lack of accountability.

IF Mark isn't in it for the money, why sue? The sheriff has agreed to meet and discuss policy changes that might be benefit future investigations. Mark, on the other hand, wants the CCSD to admit they made mistakes. Why, if there is not going to be a lawsuit, would you ask someone to admit liability? Sounds like a legal trap to me.

It's sad that we've sunk to a "if-I-don't-get-my-way-I'll-sue" mentality. I'm not making light of Lunsford's loss, but I am questioning his (lack of) class and integrity.

[Scorps]

I am surprised they needed to go to Jacksonville to find a lawyer with that little class. With all the superstar law enforcement experts who post on this board I sure feel safe. Failing a REAL law enforcement expert weighing in on the matter, I feel that Sheriff Dawsy is the most knowledgeable person here (sorry all you lounge chair experts who watch CSI and Missing religiously). Everytime there is a result that doesn't go the way people would like it is sue sue sue. Failing a real expert stepping forward and demonstrating gross negligence and incompetence this lawsuit goes nowhere. If the citizens of Citrus are unhappy with Dawsy they can vote him out at the next election. In my mind the only person who is accountable for this action is John Couey. If I wanted to pass the blame to someone else it would go to whomever was responsible for keeping her safe that evening.

Meanwhile Lunsford needs to make the records of his "foundation" public. And his girlfriends need to stop posting here.

Oh yes, and thank you GB and all of law enforcement for your efforts to fix something which never should have been allowed to happen in the first place.

[Anika]

Making money off the r ape and disappearance of your daughter? Stay classy Mark...Stay classy

[Anika]

Making money off the r ape and disappearance of your daughter? Stay classy Mark...Stay classy

[Bobby B]

How long after Mark called *911 did it take for Sheriff Dawsy to secure the scene (Jessica's home), run crime scene tape around the perimeter of the yard and preserve the evidence, especially for canine tracking purposes?

When were the canines and their handlers first called out to attempt to track Jessica?

When were the Sheriff's Office helicopters first put in the air to attempt to locate Jessica?

How soon after Jessica disappeared where well-meaning citizen volunteers allowed to walk thru the yard at her residence, inadvertantly destroying any physical evidence that may have been there?

How was John Couey afforded the opportunity to bury little Jessica if Sheriff Dawsy had his command post trailer parked directly in front of his home?

John Couey was already a registered sex offender when he stole Jessica from her home. Why wasn't Sheriff Dawsy aware of this and why wasn't he already keeping track of him and the other sex offenders in Citrus County?

Find the answers to these questions, and you will find the reason for Mark's desire for change in Citrus County.

[ToxicAvenger]

Unfortunately, the majority are illinformed as is displayed with the comments here. I trust that Lunsford has reviewed his options, and sat through a devestating trial, to which he was able to understand the facts. If the sherriffs office is negligent, it will come out. The settlement is 100,000 or less so money is not the issue. If he wins the foundation would gain no more than 50,000. So I do not understand why some would say its money. We support Mark 100% in his efforts!

[Stephanie]

Whats the old saying - You can take the trash out of the trailer but you can’t take the trailer out of the trash.” ...

[HG]

We can all look back in hindsight and think what if.... no one could predict John Couey's actions. I praise the Sheriff's office for working as hard as they did. Push for new laws, new procedures,... but suing those who helped doesn't help.
We are way to lawsuit happy in this world. Sure someone has to pay for Jessica's tragic death, and that person is John Couey.
I think had Mark pursued additional laws and procedures, he would find much more satisfaction in this hopefully not happening to another child.

[LOUISTHETERRIBLE]

Bobby B, good questions. The money talks under any circumstance. Why does the Sheriff and his boys (and girls) go after hefty fines, court costs, etc, for people who break the law? Because it's the only way people will LISTEN!!! Shoe is on the other foot now though eh. But, on the other hand, the truth is the truth so the CSO will have their opportunity as well. May the truth prevail. God Bless America. If you don't like it, please leave : )

[vickie]

Nice MANNERS Mark Lundsford's atty has!!

[wowdoublewow]

Wow...cheryl,barb,deb...all His little TP groupies are out to play!

[Mike Lunsford]

Typical, Always blame someone else...Oh poor me a tragedy happened and the reason is...oh not me, who can I blame? Let's see the citezens of Citrus County have plenty of money let's see if I can get some out of town attorneys(cause I know none of the local ones will) to sue Citrus County!!! Look redneck(and this goes for all the other white trash sicking up for him) It really reaaly sucks that you lost your daughter it really does...but suing Citrus County Citezens doesn't and won't help one bit - you're just trying to inflict pain upon others - save this lawsuit for a real reason!!! Besides how about the ultimate slap in the face end result: Let's say Lunsford and his awesome attorneys do prove flaws in the investigation...anybody think about the implications that might have on Couey's appeal?? That's right you need to think things through...nothing like helping your daughter's killer prove his case!!

[mike]

Where was the Command Post supposed to be? Is there still not a Fourth Amendment to the Constitution that protects against unreasonable search and seizure? If Couey (a criminal, remember?) had registered at his sister's trailer, then yes, the outcome may have been different, but remember who the criminal is and that no criminal respects ANY law.

[bird]

I had some sympathy for Mark Lunsford even though he appeared to take care of his needs before his daughter's safety. That sympathy has dwindled due to his living off the foundation donations and now going after more money from taxpayers. He needs to look in the mirror.

[esb]

I am Mark Lunsford's attorney. I lost my temper today when I was told by a reporter that the Sheriff's Office had released a settlement negotiation letter to the press, obviously trying to pin us into a corner. For the Sheriff's Office to do that was unfair, and extremely, extremely inappropriate. Actual settlement negotioations are ABSOLUTELY confidential.

In any event, I thought I was off the record, and I responded emotionally. I am truly sorry. I deserve the heat for it, not Mark. Even if the comment was meant to be off the record, it was inappropriate and unprofessional. I promise that I am better than that, and that it will not happen again. This is such an emotional case for all of us.

Because it is so clearly inappropriate to discuss actual settlement negotiations, I won't. But I can say that we have invited the Sheriff and/or his lawyer and/or FDLE and/or ANYONE the Sheriff wants- to meet with us on Friday at 1:00 to sit down and talk. Mr. Lunsford sincerely wants to move forward and do what Mark has consistently done since Jessica's death- effect positive change to protect OUR children (his is gone) from predators. But to do that we simply have to acknowledge mistakes.

No one, certainly not Mark, thinks that the Sheriff's Office intended to do anything other than find Jessica. That is precisely the point. The truth is, while the intent was the best, mistakes were made. Negligence. Mistakes. Big mistakes. Mistakes that may have been the difference between rescuing her when she was still alive or not. Don't we need to even know what those mistakes were before we decide whether they are acceptable or not? Or do well-meaning Sheriffs automatically get a pass, regardless of how many mistakes were made, or how big, or when, or how they might cost a life in the future?

The mis-information that has been fed to the public here is staggering. Mark was NOT at a bar that night. At all. He came home late from work, waited for Jesse to get home from church, ate and watched TV with her, put her to bed, and went straight to his girlfriend's house. He came home at 5:30 to get ready and go to work, to find Jessie gone. The door was NOT left unlocked. The Sheriff set up the RV command center in the middle of the Lunsford's front yard, the MIDDLE of the crime scene. The dogs were thrown off and could not track due to crime scene contamination. That is only (tragically) the beginning. The list goes on and on and on.

The list of mistakes that we know of at this point is long, and they are serious, major, life or death type mistakes. And those are only the ones we know of. IF a law suit is filed, what else is out there?

There is NO lawsuit. We have only filed papers required by Florida law preserving Mr. Lunsford's rights. We have sued no one, and made NO allegations. So why did the Sheriff immediately hold a press conference to deny our allegations, when we haven't made any?? Please note that we filed the exact same notice as to FDLE, and you haven't heard a peep from them... maybe they are content in the truth coming out...

Finally, Bubba (who has filled his fine and fair listeners- when they know the truth- with so much mis-information that I cannot here recount it all) demands that we dismiss our notice with prejudice- AND THEN see if the Sheriff will reach a settlement with Mark. That simply makes no sense. The way it is ALWAYS done- for obvious reasons- is disputing parties first reach a settlement (which Mark has been willing to do since day 1- a settlement paying ZERO dollars), and THEN we will be delighted to dismiss our notice with prejudice.

I apologize for my inappropriate remarks today, and I sincerely and humbly ask only that you be armed with the truth before judging Mark, his attorneys, and most importantly, his righteous fight to protect our children.

[SMT]

People..People.. Think for a minute here. You are taking the words of a fat slob named Bubba, whom has been banned on most radio stations in this city/state. If Mr.Lundsford is truly picking up the sword to battle for our children, why would'nt he atleast investigate the errors that where made? Ask youselves this... If you child was abducted, and murdered in you back yard while,the police accused your family, and delayed the process, what would you do? I think it is unfair to judge a man, because of his apperance. Mark may not be like you and I, but the great thing about america is Freedom to do what you please, and the right for JUSTICE... I hope that Mark gets the justice he deserves, so that someone else may not have to suffer, and be put through what he has. Just remember people who live in glass houses shouldnt throw stones. Im sure if any of you had a good reason to sue someone you would for the greed of it, Mark may be due some compensation too, but what is the price for a human life? I hope you all just sit back and look at the big picture of it. Its time you all take a long look in the mirrior, and maybe get things right in your own lives, before you worry about someone elses.... PEACE

[Bobby B]

Mr. Block......THANK YOU, THANK YOU, THANK YOU!

I want to thank you for explaining the status of the lawsuit and the basics as to why Mark NEEDS to bring the lawsuit to the table in the first place.

I encourage you to continue to research the handling of the investigation and, I implore you, do not give up until the truth is known. We must not have another child lost due to mis-handling of the case and big egos.

I was not surprised that Sheriff Dawsy released his letter to the press, were you? Really? This is exactly what everyone expected him to do. He uses the press as best he can, forget the facts and the safety of the residents of Citrus County who elect him to office.

Many thanks to you and Mark for subjecting yourself to ridicule, all for the sake of protecting the children. Best regards, Bobby B.

[SMT]

People..People.. Think for a minute here. You are taking the words of a fat slob named Bubba, whom has been banned on most radio stations in this city/state. If Mr.Lundsford is truly picking up the sword to battle for our children, why would'nt he atleast investigate the errors that where made? Ask youselves this... If your child was abducted, and murdered in your back yard while,the police accused your family, and delayed the process, what would you do? I think it is unfair to judge a man, because of his apperance. Mark may not be like you and I, but the great thing about america is Freedom to do what you please, and the right for JUSTICE... I hope that Mark gets the justice he deserves, so that someone else may not have to suffer, and be put through what he has. Just remember people who live in glass houses shouldnt throw stones. Im sure if any of you had a good reason to sue someone you would for the greed of it, Mark may be due some compensation too, but what is the price for a human life? I hope you all just sit back and look at the big picture of it. Its time you all take a long look in the mirrior, and maybe get things right in your own lives, before you worry about someone elses.... PEACE

you are Lun$ford's attorney!!! I think not. Impersonator is more like it. You actually think people are going to believe that!!

What about the account where it was the Grandmother who put Jessie to bed!! What about the February weather conditions that kept the dogs from scent? What about the people who KNOW what kind of (absentee) father Lun$ford was? and if there was NO MONEY (as stated by the (pseudo)attorney...what about the $100,000 donation (HA!) that Lun$ford was so graciously going to give?? Please do not insult our intelligence by posing as an attorney and feeding lies to the public---oh, but then--isn't that what SOME attorneys do best???

Type "Mark Lunsford" into your browser,then click on Jessica Lunsford Wikipedia(encyclopedia) and read for yourself. You will find the murdering/crackhead Couey's version of what happened...AMAZINGLY-the basis of this lawsuit! Supposedly intelligent attorneys taking the word of this brain-fogged,admitted crackhead!! You will also read about Mark Lun$ford's son Joshua the child molester up in Ohio! You will also read how the STATE'S ATTORNEY'S OFFICE found CHILD PORN on Lun$ford's computer--or do we not believe them? Lun$ford said he was looking at adult porn! Women who have posted here, who think Lun$ford is such a swell guy--take note! A former girlfriend pleaded with police to protect her from him;as he and some biker buddies were riding by her house late at nite and stalking her at work and while doing errands. Of course he denied this;said she was just trying to get money out of him.(Newspaper account;Citrus County Chronicle archives) What a loser. Stand up for the CCSO!!!

[MJV]

I think most of the people here would just like to think that if they can find fault with Mark. That perhaps the world isn't so random and evil and nothing bad will happen to them or their children. Guess what you are sadly mistaken. Children have been abducted when the parents were home.
What about that. What can you come up with then? Mark has every right to sue the police department. And expose the mistakes . How arrogant and ignorant you people are. This is still a free country and people in public office need and must be held accountable. They messed up and that a fact. So if I get this right you would all be fine with it. If it was your child as long as they showed up and worked on the case no matter what the outcome. No matter if improving it and the ability to see the wrong they did could save someone else's children. How dare you low lifes jusdge this man. So you have short hair and no earings and black hearts. I'll take his long hair and earings . He has done right by his daughter 10 fold. And he will continue to without your approval. I think the tragedy has made him not give a darn about much else.

[ERIC]

MAYBE MARK SHOULD HAVE BEEN A GOOD DAD AND BEEN AT HOME INSTEAD OF AT HIS BIKER BAR GETTING DRUNK. HE WANTS THE MONEY OFF THE BACK OF HIS DEAD GIRL. I HELPED IN THE SEARCH FOR HER AND LOST ALL RESPECT FOR MARK. SO LETS SUE THE CITIZENS OF OUR COUNTY BECAUSE YOU CAN'T PROVIDE A SAFE PLACE FOR YOUR DAUGHTER TO SLEEP, YOU PIECE OF WHITE TRASH.