Seword AMEune u 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 2 43 44 45 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18)2:35 pm (Case #MIPD-A-18-008 Page | INTERVIEW WITH KEVIN HENNINGS Q=Ken Afienko Q1=Cpt. Richard Stoltenborg Q2=Milton Collins ‘Kevin Hennings Al=Michael Braverman My name is Ken Afienko and I will be conducting a swom and recorded statement with Officer Kevin Hennings in reference to Marco Island Police Department Internal Affairs case number IA 18 - 003. The interview is being conducted at the Marco Island Police Department on May 21, 2018 and the time now is 2:35 pm, Officer Hennings, do you understand that this statement is being recorded? Yes, Department members shall - department members shall answer or render material and relevant statements to the designated depart- departmental authority when so directed. Members shall answer all questions honestly, completely and to the best of their ability. No employee shall, in any manner, interfere with an internal investigation except as authorized or required. Members shall not contact persons involved in any internal investigation. A request to provide an administrative statement shall be regarded as a direct order by the Chief of Police. Members are required to respond to all questions during an interview. They shall answer all questions fully and truthfully. Any member of the Marco Island Police Department who declines to provide an administration statement shall be subject to immediate suspension and further disciplinary procedure, up to and including termination of employment with the department. Mr. Hennings, do you understand this? Yes, Prior to the interview you were provided a copy of the officers’ Bill of Rights and Garrity warning. Do you understand your rights and the Garrity warning? Yes, Do you have any questions concerning your rights and the Garrity warning?46 47 48 49. 50 31 52 53 54 55 56 37 58 59 60 61 62 63 64 65 66 07 68 69 70 1 2 2B 74 18 76 1 8 79 80 81 82 83 84 85 86 87 88 39 90 > o> 22° INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pm ‘Case #MIPD-IA-18-003 Page 2 No. You are being questioned as a subject officer in an official investigation by the Marco Island Police Department. Do you understand this? Yes. ‘You are required to give a statement for administration purposes. You will be asked questions specifically, directly, and narrowly related to the performance of your official duties. Neither your statement nor any information or evidence which is gained by reason of such statement can be used against you in any subsequent departmental charges. Do you understand this? Yes. You're entitled to all the rights and privileges guaranteed by Chapter 112.532 Florida statutes entitled Law Enforcement Officers’ Bill of Rights, including the right to have an attomey or other representative present during questioning. Do you request anyone to represent you at this time? Thave my attorney. And what's your attorney's name? Michael Braverman. ‘And is Mr. Braverman here to represent you at your request? ‘Yes. Again, I am Ken Afienko under contract with the Marco Island Police Department. | am conducting the interview in this particular case. Also present in the room are Captain Rich Stoltenborg and Attomey Milton Collins and, of course, Attommey Braverman, As a notary for the State of Florida I am empowered to administer oaths. That said, please raise your right hand, The right hand is raised. Do you solemnly swear that the statement you are about 10 give now will be the truth, the whole truth and nothing but the truth? Yes, ‘A complaint has been made by Chief Al Schettino that you engaged in sex while on duty. The violation of this particular incident involves general order of 103.2 - 4: Conduct, integrity, 103.3.1. And then another one, conduct noncompliance with directives which is 103.3.11. The time now is 2:39. Were1 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 u 112 113 14 1s 116 7 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 "33 134 135 Al: Al: Qu: Al INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2335 pm (Case #MIPD-IA-18.003 Page 3 you asked any unrecorded questions about this investigation? No. And we just tuned the tape recorder on, Just - just so we're clear, uh, is it my understanding you're recording this interview as well? Yes. Okay. There's one official tape recording and that’s through Marco Island Police Department. Therefore if you want to public records request for it you ccan also ask for that at the end but there’s only gonna be one recorded interview so could you please turn off your phone at this time? Well, if he’s agrecing to record it and he’s assenting, why is there any prohibition from recording the meeting? Well, you're more than welcome to get a copy of his interview. As you know, with the police officers” Bill of Rights he has a right to ask for that copy of the interview and just for - for clarity purposes and procedural matters we want official tape recording of the proceeding Well, we don’t disagree, So we will have that. This is just for my own official... (Unintelligible). And we will give a copy of our recording and that’s not a problem. So there's no reason to have two different tape recordings running so. Is there a departmental rule that prevents him from doing that by any chance? Because again, I've never had that there’s an issue. You know what, Kevin, go ahead. I would suggest you tun it off because I don’t want there to be an issue that the information has somehow been leaked out I - before it’s concluded the investigation. So I would go ahead and assent to that. And - and just so that we can... Excuse me. I’m sorry. If I can make one other - this is Mr. Braverman, Um, while I understand your role here, orders need to be given by command staff people. So, Captain, are you ordering Kevin Hennings to stop recording this meeting?136 137 138 139 140 141 142 143 144 145 146 147 148, 149) 150 151 152 153 154 155 56 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 B 179 180 Qa: Al Qa: yr ¢ eG Q@ INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pm Case #MIPD-1A-18-003 Pages ‘Yes, Lam. Okay, Perfect. Thank you. You're weleome. Mr. Hennings, were you given an opportunity to review the complaint and all the statements made by the complainant and witnesses? ‘Yes. Did you have sufficient time to review the information? ‘Yes. For the record, please state your name, rank and current assignment. Kevin Hennings. I'm a police officer and I'm currently assigned to, um, be on administrative leave. ‘And how long have you been at the agency? Since, uh, November of 2000, Okay - okay. As your attorney requested we're gonna go through the file and document what was provided to you prior to the tape recorder going on. The first document is an employee - notice to employee dated April 26, 2018. That encompasses three different pages. The next document is Marco Island Police Department Internal Affairs waming and that’s dated 4/26/18 signed by who would be apparently Kevin Hennings and Captain Stoltenborg, There is a Garrity waming consisting of one page dated 4/26/18, again, apparently signed by Officer Hennings and Captain Stoltenborg. There is also - the next document is four pages consisting of Florida statute 112.532. The next document is a memo indicating - it’s a one-page memo dating the date and time of the interview was May 21st at 10:00 a.m. Excuse me. Can I... Sure, «interrupt for a second, | understand you gonna itemize a hundred pieces of paper but in the sake of, uh, just going to the interview is there any way maybe he can identify it as he presents it as an exhibit or do you want him to...181 182 183 184 185 186 187 188, 189 190 191 192 193 194 195 196 197 198 199 200 1 202 203 204 205 206 207 208 209 210 2 212 213 214 215 216 217 218 219 220 221 222 23 224 225 Al: Al: Al: Al: Q A Q A: Q@ A: INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Affenko 5-21-18/2:35 pm ‘Case #MIPD-1A-18-003 Pages 1 just wanted him to list the three statements that we got to review and the text ‘messages, the items that we got to review. But if you want to waive it, Kevin, we can go into the (unintelligible. | just - I mean, there’s a lot of papers there and in the interest of time it's fine. ‘Thank you for asking - doing what | asked but we'll go ahead and waive the entering that into the record (unintelligible). P'm sorry. Well, what.. It’s okay with me, I’m... Let me ask you this then, would you agree we've provided you two statements i Yes, Would you agree we've provided you a statement from NINN) 's sister? I don’t know who her sister is but. —) 1 think it’s (HIN. Yeah, there was another statement in there. Would you agree that we've provided you with that statement? Yes, Would you agree we've provided you various GPS records and duty logs? Yes Would you agree that we've provided you with different text messages? Yes. And that’s the exhibits I'm gonna be using if it’s okay with me - you and Mr. Braverman. Is that all right? Yes, sir,226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 46 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 68 269 270 Al: ze @ A Q@ INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Affenko 5-21-18/2:35 pm Case #MIPD-LA-18-003 Page 6 All right, I'll give you this back in case you needed? 1 just figured that was. Okay. Any other housekeeping measures we need to address? ‘Um, no. We were just gonna I think put on the record at the end your role but other than that I think we're ready to proceed. Sure. I'll put it on the beginning. No problem. My role here, Ken Afienko, I've been hired independently by the Marco Island Police Department, conduct the interview of Kevin Hennings and the person in charge of the investigation is Captain Stoltenborg and he’s the one that’s gonna be completing the finished product, for lack of a better term, after the interview. My sole responsibility is to conduct the interview today of Mr. Hennings. Excellent. Thank you, sir. You're welcome. Okay. All right, Mr. Hennings. I understand that you've been here for quite some time at the Marco Island Police Department? Yes. ‘And what is your normal shift if - if - I don't know how often you rotate but what's your normal shift? Uh, it’s either 6:00 at night to 6:00 in the moming or 6:00 at morning to 6:00 at the night. ‘And where - do you have a particular zone that you work? ‘They rotate. Rotate? Do you bid for the rotations? Yes, ‘And how do they bid? By sonority or how - how do they bid? Uh, you'd have to ask the captain that. I...21 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290, 91 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 2B 314 315 or Oe e zo PF 8 FOP 2 a INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko '5-21-18/2:35 pm Case #MIPD-1A-18-003, Page? Now back in 2017, specifically around February, do you remember what shift you were on then? I didn’t at first but I - I believe I was on night shift. I went back and looked and I saw the, uh, information that you guys provided. And just - just to reiterate and what hours would that have been? 6.00 at night to 6:00 in the moming. And is that in patrol? Yes. And what kind of police vehicle do you drive around to conduct your patrol activities? Um, I don’t remember what it was back then but it was - either a Tahoe or a, uh, Ford, uh, Explorer. It. I think it was a Ford Explorer then. Is it marked with Marco Island Police Department or it an... Yes. undercover vehicle? No, it’s a marked car. Does it have blue lights on top? Yes - no = no. No, it’s flat top? I believe they're on the grill. Okay. ‘They'll all over the place but they're not on top. So it’s a flat top basically?316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 36 337 338 339) 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 58 359 360 INTERVIEW WITH KEVIN HENNINGS ee NIRS pm Case #MIPD-IA-18-003 Page 8 Um... Meaning it doesn’t have the lights on top? ‘The Tahoes I think they have - do the Tahoes have lights on top? Just answer what you know, Kevin. Uh... (Unintelligible) I don’t believe that there’s lights on the top of that vehicle, Do you normally drive the same vehicle? You're assigned a vehicle? Uh, it varies. It depends on what's in service. Do some of the vehicles have the light bar on top? I don’t know if we have any left that... Okay. are still outfitted like that. Make sure you're thinking about 2017 also when you're answering that question please. Now when you go on your patrol duties in this instance back in February of 2017 what kind of uniform were you wearing? Um, a police uniform. I don’t recall what the - we've switched uniforms a few times so I don’t remember what uniform but I know it was a police uniform. Does it have a badge on it? Yes. Is the badge a metal badge or is it just the... That's... graphic badge?361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 31 382 383 384 385 386 387 388 389 390 301 392 393 304 395 306 397 398 309 400 401 402 3B 404 405 2 QF fF Bk Re Oe > INTERVIEW WITH KEVIN HENNINGS: Interviewer: Ken Alienko 5-21-18/2:35 pm Case #MIPD-1A-18-003, Page9 ‘That's what I don’t know. Okay. And is it the standard issue uniform of the Marco Island Police Department? Yes, And part of that uniform do you wear a gun belt? Yes. And on your gun belt you have your firearm? Yes. Taser I'm assuming? Yes. ‘What other types of equipment do you have on your gun belt? Handcuffs, radio, ammo. Now when you check on your shift do you check on via computer and the radio or just the computer or just the radio, if you remember correctly? I'm not sure how we did it in - at that time. There was a time where we switched from logging onto the CAD and to - they send over a roster. Okay. Um, I just don’t know how - how you mean. ‘Now are part of your duties to do what they call directed patrol? ‘Yes. And directed patrol, correct me if I'm wrong, consists of driving through certain areas of the city or the zone in which you were assigned, is this, correct? Yes. And that’s to be visible to the public, one reason?406 407 408 409 410 4i1 412 413 414 415 416 4i7 418 419 420 421 422 423, 424 425 26 427 428 429 430 431 432 433 Ba 435 436 437 438 439 440 441 442 443 444 445 446 447 48 449 450 Rte eC Fr 2 > INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko $-21-18/235 pn (Case #MIPD-1A-18-003 Page 10 Crime prevention. Crime prevention, sure. It’s part of it. You're also looking for any suspicious activity, correct? Yes. And I'm gonna direct your attention back to around January or February 2017. ‘There's a place in the City of Marco Island. It’s called Tigertail Beach. Are you familiar with that? Tam. Is that - or was that in your zone back in - in January or February of 2017? I don’t know. And if understand correctly, do you live fairly close to Tigertail Beach? Well, I live on the island, Okay, ‘Um, and that’s not very close to Tigertail Beach but it’s a small island. Tunderstand, And from what you remember how often would you patrol in - in Tigertail Beach on a nightly basis? I don’t know Have you ever patrolled in Tigertail Beach at nighttime when the park is closed’? We're understanding it closes at dusk, is that correct? To civilians? I don’t know what it closes but I know I patrol there. And part of your patrol detail at Tigertail Beach, it’s my understanding it has a gate that supposedly blocks people from diving back into the area, is that correct? Yes. And is that gate usually open or closed? I don’t know what it was back then. Um, they go through periods where the451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 1 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489) 490 491 492 93 494 495 2 > Oo > 2 > INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pn Case #MIPD-1A-18-003 Page 11 gate doesn’t operate so I don’t know. Sometimes people try to lift it manually or, um, you know, vandalize or whatever. I don’t know what it was back then, Do you have a key or some other device in your police car that allows you to open that gate when it is functioning correctly? Yes. And what type of device is that? Like a remote control. Do you ever remember using the remote control to access Tigertail Beach at any time whatsoever? Of course. On a typical time when you patrol Tigertail Beach what is it you're looking for? It depends on when - whenever I’m there. Um, sometimes I go there just to write reports. Sometimes I go there, um - um, you know, because somebody's injured. Sometimes I go - you know, depends on if it’s daytime, nighttime, uh, whatever. Sometimes I go to use the restroom. It just depends, What would be the normal amount of time you would spend at Tigertail Beach on any given - given evening? Again, it depends on the reason why I’m there, Okay. I want to direct your attention - and again, I - I don’t know the exact date but do you know 2 (i)? know who she is Do you remember when you first met (IN > I don’t. Do you know if (III) ever worked at Joey's restaurant or pizza? Uh, she - I don’t know if she - um, from reading the statements, yeah, I know that she did but... Do you know what (EE) looks like?496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 Sil 512 513 514 515 16 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 38 539 540 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko '5-21-18/2:35 pm Case #MIPD-1A-18-003 Page 12 I've seen a mug shot of her and I’ve had a - uh, crossed paths with her on a few occasions. So, I mean, I would recognize her if I saw her. Again, I don’t know the date and forgive me, but did you ever go to HE ith Officer (Brian Grannerman) and were introduced with ND by Officer (Grannerman)? Idon’t know. I might have but I just don’t know. Are you - well, at the time, were you familiar that Officer (Grannerman) was friends with a )? I'm sorry? When you first met (SII) were you aware that she was friends with (Brian Grannerman)? I don’t know Did (Brian Grannerman) ever tell you about (HD I knew that she - I knew that they knew each other but I don’t know at what point in time I leamed that. Okay. And you read her statement, correct? Yes. (MERE) testified in her statement that she obtained your personal cell phone number. Do you know how she would have retrieved that information? 1- Ihave a business and I do a lot of marketing so she could have obtained it ‘one of many ways. I don’t know how she obtained it. Did you ever provide her your personal cell phone number? No. Did you ever use any social media platforms to communicate with (i HEBBEB) &t ony time whatsoever? No.S41 542 3543 S44 545 546 347 548 549 550 551 552 553 554 555 556 587 558 559 560 6 562 563 564 565 566 567 568 569 570 S71 572 573 574 575 576 S77 578 579 580 581 582 83 584 585 > © 2 2 2 2 Man: bo Ob INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pm ‘Case #MIPD-IA=18-003 Page [3 You've never used Instagram with a No. Did you ever text (END from your personal cell phone? Um, yes. I had. ‘And when did you first text her? I don’t know when, And why would you be texting (INN)? You can roll that, Thank you. Now? Sure. Okay. There were times were, um, I didn’t know that it was her. Um, and then afier [learned that she got my phone number she texted me some pretty provocative stuff and, uh - and that’s how I learned it was her. Well, before you leamed it was her who did you think it was? Well, I didn’t have her phone number stored in my phone and it came up as an out-of-area phone number. So I Oops. Sorry, guys. 1 thought it was somebody on my shift, Did her name pop up on the text message? No. Okay. And do you remember what the message was? 1 [don’t remember what messages. Um, I don’t remember what the message was when | found out that it was her. Um, but she used to text me some pretty nasty stuff, Do you remember what you text her or this person that you didn’t know at the time? Do you remember what you responded with on the text?586 587 588 589 590 501 592 593 504 595 596 597 598 599 600 601 602 603 604 405 06 607 608 609 610 oul 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 28 629 630 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pra Case #MIPD-1A-18-003 Page 14 After I learned that it was her, um, I mean, I'd actually had a conversation with her in person. And I said don’t be ting me that stuff. Um, you know, you need to erase that and don’t text me, you know, any - anything like that. And, ub, I kind of scolded her for doing it Do you remember when that was? No, I don’t. Prior to you knowing her, knowing that it was her texting you, do you remember what your response was to this anonymous text? You want to look at it? (Unintelligible). I think it’s right here. (Unintelligible). Can you ask me that question again? Prior to you knowing it was (NIMH), do you know what you texted back to this anonymous person? What you're referring to? Well, [ don’t remember at which point in time I figured out that it was her but [remember getting a text from a number that I assumed was somebody else on my shift. And um, you know, it was just stuff like where I was or whether, uh, if I was going to meet them or whatever. Um, | just don’t remember at what point in time - I'm trying to decipher through these text messages - at ‘what point in time that I discovered that it was her. I think it was right around when she was being nasty, um, very provocative and sexual. And that’s when Thad the verbal conversation with her. Do you have the same phone that you had back in February, January of 2017- ish? Do you still have the same phone provider? Ido. And which provider is that, what service? Um, it’s Verizon. If we asked you to provide records of text messages around the time of January and February of 2017 would you be able to provide those?631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649. 650 51 652 653 654 655 656 657 658 659) 660 661 662 663 664 665 666 667 668 669 670 671 672 73 674 675 Al: > Or Ot er ee Oe of INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko $-21-18/235 pm (Case #MIPD-1A-18.003 Page 15 We'll discuss it at the conclusion of this investigation and I'll get back to you. Thank you. Do you normally answer anonymous text messages? It depends on what I think it - who I think it was or whatever. I- Imean, in the middle of the night you don’t get too many text messages other than like you're coworkers and stuf so, I mean, I would always answer a text messages from one of my coworkers. What made you think it was a coworker if you identity recognize the number? I just assumed it was. Did you ever ask who it was? Did 1 ask who was texting me? Yes No, I - if | assumed it was somebody else then why would I ask? When did you find out that it wasn’t a fellow coworker? I don’t remember. How did you find out it was not a fellow coworker? don’t remember. When did you first find out that it was (III) texting you? When the provocative stuff came through and I thought that that was a safe, uh, a safe bet that that wasn’t a coworker. Okay. Well, let’s talk about that. Are you referring to the text messages that are in the file? Um, I don’t remember which text message it was but when a text message that had nothing to do with, you know, um - a text message that was more elaborate than, hey, what are you doing, um, that’s - that’s when it would raise a suspicion that it's not a coworker. Well, when did that happen?676 67 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 495 96 697 698. 699 700 701 702 703 704 705 706 707 708 709 no m1 12 13 n4 ns 16 17 18 n9 720 Qe Oe @ AL @ i r @ > 2 >Re INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2.35 pm Case #MIPD-1A-18-003 Page 16 Um, I don’t - I don’t remember. Okay, Well, let’s tur to the text messages and let’s talk about those. I see you have copies of text messages. I'm gonna start with page one, which starts out with a text. It appears on January 11, 2017 at 4:01 a.m. That's the earliest text that is in that portfolio of documents we handed you. Do you see that text in here? Yes. ‘And - and it's, again, dated 1/11/2017 at 4:01 a.m, Do you see that? Yes. And it’s from a person that identifies themselves as (III). You see that? Well, I see it on the paper here. Do you have any reason to doubt this text message? Meaning you see your name on the - on the third line, correct? Yes. And that is your phone number... Yes. sight next to it? Do you remember receiving this text message? No. It’s from over a year ago. Tunderstand that. I'm just asking if you remember it No, Do you know if this was IN) at the time? No. You don’t know or? I don’t - I don’t remember getting the text. I don’t remember the - the occasion.m1 72 723 na 25 726 mI 728 29 730 BI B2 733 B4 735 736 BT 738 Bo 740 41 742 743 744 745 746 147 748 749 750 151 752 153 154 155 756 187 158 159 760 761 762 63 164 765 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko '5-21-18/2:38 pm Case #MIPD-1A-18-003, Page 17 Okay. Do you have any reason to doubt the information that’s on that text message? Meaning you have any reason to doubt the authenticity of what this text messages.. No. indicate? No. This text message says, “Oh, can I follow you?” You don’t know what that means? T’'m assuming it says, oh, can I - I'm assuming it's somebody who wants to follow. If you would have received this text message and you didn’t know who it was wouldn't that raise your suspicion? I don’t know what I was doing at that time. I see I didn’t respond to it. So 1 don’t know - I mean, 4:00 o'clock in the morning, I don’t - I didn’t respond to the text so I don’t know what, uh, what would - why I would, uh, assume that it's something different. Well, my - my question is, and I’ll try to make it a little bit more clear, which leads me - if I ask a question that’s unclear and you don’t understand please ask me to repeat it or rephrase it, okay? Not a problem. Okay. Are you saying you don’t remember if this was SNE) that was texting you from this number on January 11, 2017? At 4:01 a.m.? Are you saying you don’t know who that was? I don’t remember if knew who it was. The next message is the same date, 1/11/2017. And you remember working that day, is that correct? Um, I - if you say I was I’m sure I was, No - no. I'm not gonna say you were. I'm just asking you if you were. I'm gonna show you a Marco Island Police Department shift assignment dated January 10, 2017. Could you please take a look at that.766 167 168 169 770 ™ 772 773 774 778 776 777 718 779 780 781 782 783 784 785 86 787 788 789 790 791 792 793 794 195 196 197 798 799 800 801 802 803 804 805 806 807 308 809 810 Pe ee > 2 > > 2 > 2 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5.21-18/2:35 pm Case #MIPD-14-18-003 Page 18 I'm on the shift as I'm on the roster as working. So that means you would have started your shift at 6:00 p.m. on January 10th and worked until 6:00 a.m. on January 11, is that correct? Yes. Do you have any reason to doubt the authenticity of that particular shift log? No. Okay. Do you know where you would have been at 4:01 a.m. on that particular day? Tdon’t. The next message on there is from (MINNIE) again and this was date stamped 1/11/2017 at 40:12 a.m, Do you see that message? It’s the next - very next message on page one that you're looking at? Yes. Do you see that? The message says, “I'll meet you at the outer mounds.” And I'm guessing that probably would be the Otter Mounds but it's just misspelled. You see that message? Yes. Do you recall ever receiving that message? I'm sure I did. Um, I don’t - I don’t have recollection of that specific date, uh, but, mean, I’m not disputing it if that’s what it says, So you would have received this message? If that's what the records show, I mean, What - what are the Otter Mounds just for my knowledge? I don’t... ‘You don’t know what they are? No.81 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 31 832 833 834 835 836 837 838 839 840 841 842 843 844 845 346 847 848 849 850 851 852 53 354 855 Pr RPO INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5:21-18/2:35 pm The next message is at 4:2- I'm sorry, 4:25 a.m. from (QIN). Do you see that? Yes. This message says, “Well, you have a good night, Mister. Just know you're ‘gonna fuck me this weekend. Nighty night.” You see that message? Yes. Do you remember getting that message? I - again, I don’t remember the date and, um, I don’t remember the incident but I’m sure I got that message if that’s what the records say. Wall, if you say you're sure you got that message what would that message ‘mean to you? It would mean that somebody was inappropriate in sending me that message. Why didn’t you respond to that particular comment? Or did you respond to it? Well, I don’t - I mean, I wasn’t engaging in conversation with this person. Okay. Next message, 1/11/2017, 4:26 a.m. And this is from you, and this is the fourth message down on that particular sheet. You see that? That was - that was my response. Yes. Your response is, “I had a call. Erase.” Do you see that? Yes, Did you write that or did you type that? 1-Idon’t remember but if it’s on there I would say that I trust it. Assuming that you didn’t know who (IINNNEHIMN) is and she’s - or this person is sending you these messages, why would you respond in the fashion that you did, “I had a call. Erase”? I don’t know, What does “erase” mean?856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 16 877 878 879 880 881 882 883 884 885 886 887 888, 889 890 891 392 893 804 895 396 897 98 499 900 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko $-21-18/2:35 pn Case #MIPD-1A-18-003, Page 20 remember I had a conversation in person with her. I don’t remember the time. I don’t remember the date. But she used to be very provocative and flirtatious and she used to say things like that. And [told her, um, you know, listen, you need to cut that out, you know? Don’t be - don’t be texting stuf like that. Don’t be coming onto people like that. I'm married. This isn't gonna - you're in the same class as my son, you know. I said, you know, stop being inappropriate, cut that stuff out and erase. So was that conversation that you had with her orally was that before these text messages on January 11th. I- I don’t know. I don’t remember what the date was of that conversation, um, but I:do know I had that conversation with her. And I was kind of - I wasn’t very - when she started doing that stuff, I wasn’t very firm with her. Um, and then this is right around the time where I was kind of getting fed up with it and I said, “Listen, cut that shit out. Erase it. Don’t do that anymore.” You know, the - it’s when I start to kind of become a little bit more firm about it. So again, I'm gonna ask. I'll ask you in a different way. This conversation that you had with IMI) io cease and desist these types of ‘conversations, that would have been before this particular string of text messages? I don’t remember. Again, I'll reiterate for you. Mm-hm. Idon’t remember the date of when I had that exchange with her. Um, I do know that that was, um - it was a point that I made to have that conversation with her and, um, you know, I wasn’t as firm as I should have been, Um, and it got to the point where she was a bit aggressive with her promiscuity and it ‘201 to the point where I just had to get, um, very point-blank about it. Were you offended by her comments and promiscuity, as you put it? ‘Well, it’s just, you know, it’s just inappropriate as, uh - you know, not, something I wanted to engage in. Who did you tell about that inappropriate behavior? Idon’t - I mean, it wasn’t something that I went around talking to people about. Now what would be the purp- purpose of putting “erase” on there if if'you901 902 903 904 905 906 907 908 909) 910 on 912 913 914 91s 916 917 918 919 920 21 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 143 944 945 > ore @ a INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Aienko 5-21-18/2:35 pm ‘Case #MIPDAA-18-003 Page 21 had this conversation with her and she had a cell phone? Obviously you didn’t respond to it in a kind fashion, meaning similar fashion. So what would be the purpose of having her erase that? I’m assuming off of her phone, correct? 1 Itold her, um - when I had that exchange with her, I told her I said, you know, cut this stuff out, you know, erase it. Stop doing it. Don't - don’t, uh, don’t contact me, you know. So I - my purpose for telling her, hey, cut this stuff out was to eliminate the exchange of conversations in the future. How come you didn’t tell her that in any of the string of text messages on the 1th? Idon’t know. I - not a big texter. Would you agree that there's nothing on that string of text from the Ith that suggest that she needs to stop with this promiscuous and provocative conversation? From you, that is? Well, I think that the fact that I didn’t respond to her for five hours is indicative of me not wanting to have a conversation with her. Okay. When you said not responding to her for five hours, what do you mean? Or whatever it was or.. It was actually. Well, I'm sorry. one minute. I'm sorry, not hours. Five text messages - or four text messages. Me not responding to her for four text messages in a row that she sent me with no response is indicative of me not wanting to have an exchange with her. Would that be because you were on a call? I don’t know. I don’t think | had a call that lasted, uh, you know, any significant amount of time but I don’t remember that, Um, yeah. Okay. Let's - let’s go on to the text messages. The next text messages from her to you, she says, “Yeah - yeah, with pleasure.” You see that on there? Yes,946 947 948, 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 66 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 188 989) 990 Al: Al: Al: INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko ‘The next message again is from her at 4:28 a.m. and her comment to you is, “Just know you're still fucking me this weekend.” Do you see that? Yes. Do you have any reason to doubt that you received this particular text, message? I don’t know if I did or not. If the record show that I did I wouldn't argue with it Well, I mean, your phone wasn’t malfunctioning at the time, was it? Sir, you're talking about a year-and-a-half ago. I don’t recall the messages that I got. I’m going off the paper that you gave me. understand. Did - well, if you were having issues with it did you ever make a complaint or a report to Verizon about it? I don’t think I lodged a complaint with Verizon. As a matter of fact do you know if you were ever having any issues with your text message program? I don’t know what you're referring to. Counsel, do you have any certification that these text messages are accurate? No.. Or of origin? I'm just asking your client. ‘Yeah, well, so again, I - I think you're testifying a little more than - than what I think is appropriate. He doesn't know what he has except for what you gave him so he's not gonna attest to the veracity of something... Sure. .--you haven't given him any reason to doubt but he doesn’t know where he got it, Well then I'll ask you this question, since your attorney brought it up, do you have any reason to doubt these text messages on the 1th of January 2017?991 992 993 994 995 996 997 998 999) 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 ‘910 " 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 33 1034 1035 2 or oe INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko $-21-18/2:35 pm (Case #MIPD-1A-18-003, Page 23 ‘You seem honest. Uh, you gave me the paper and I just have to assume that you didn’t doctor anything. Do I have a reason to doubt it? No, I don’t think. The next message is from you and this is in the bottom of page one. This is at 4:28 a.m. right after the erase comment. 1 didn’t write that. No, the very last entry on the bottom of the page where it starts out from you. You see that? It’s dated four - or I’m sorry, 1/11/2017 at 4:28 am. It’s on the very bottom of page one, the very last entry. Okay. You see that? Yes, ‘That would have been a text message from you to (NB), correct? That's what it says, yeah. If you look on the next page which is page two up at the top, You responded, “LOL. Good night.” What does LOL mean? Laugh out loud, | believe, Why would you put something like that in a text response? I don’t know. And then her response, just to finish out this text string, it's at 4:28 a.m. She sends you an emoji. Do you see that? Yes. Do you remember receiving the emoji? I don’t remember receiving any of these text messages so that wouldn't be any different. Okay, Let's stay on page two. The next string of email - or I’m sorry, text messages start on January 15, 2017. Do you see that?1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1955 56 1087 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 78 1079 1080 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pm Yes. ‘And again, I’m gonna ask you, did you know who (HH) was at this time? I don’t know Okay, Be alittle bit more clear, you don’t know who it was or you don’t know if you knew who it was? Idon’t remember at what point in time I discovered that it was her. Um, and I = (GE) o ek RRA (a a a INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afieako was working with. Ifit was, hey, I want to fuck you I would assume that was not somebody I was working with, So just randomly when I would get the text message I didn’t always know who it was but when I read the content I figured out who it was. So is it safe to say - and going back to page one, and I’m not putting words in your mouth, I'm just asking a question. On page one, look at - one, two, three, Tour, six. The sixth message - well, actually start out at the third message. “Well, you have a good night, Mister. Just know you're gonna fuck me this weekend. Nighty night.” Do you see that message? Yes. Who other than (SII) would ever send you a text like that? I don’t know. Have you ever gotten a text like this? Oh, yeah. You have? Yeah. I mean, Ihave a private life, you know. All right, Other than your wife have you gotten these texts by anybody else on your phone? Sure, Anybody that you know? Yeah. Anybody that works here? Is that relevant? I'm gonna ask the question. ‘Oh, Pll - PI. “Cause you're saying you get texts from. attest from that and, uh, and not talk about that.1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 "145 46 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 68 1169 1170 a) » 2 ee 2 2 = DOr Oo > © > 2 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pm Case #MIPD-IA-18-008 Page 26 Not talk about what? Uh, whether somebody who works here has ever texted me that. Well, that’s a simple question, yes or no. I been here for 20 years - 19 years, you know? Well, let’s focus in on February and January back in then. Who other than... Did any - did anybody in January of that year text me that they want to have sex with me, no, Um, not that works here. ‘Okay. Well, let me rephrase the question, Other than (7). would there have been any other person that would have texted you something, like that? Sure. More than one? Possibly. Did you know who they were? I mean, I - yeah, But in this particular case you don’t know if it was her or not? Correct. Well, I'm assuming it was her. That's why we're here talking. No - no. I'm not assuming, I kind of want to know what you know. What's the question’ My question is, you get a text message like this from anonymous source or from a person you know is (IINIIMIBD. If it’s an anonymous source who did you think it was? I don’t know if I had a thought. Um... Would it be safe to assume that you knew this was (IN)? T wouldn't assume that I knew it was (BD but 1 - I wouldn’t put it out71 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 o 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 13 1214 1215 e A: Q@ AD Q@ INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko '5-21-18/2:35 pm (Case #MIPD-IA-18-003, Page 27 of the question. Ifyou didn’t think it was (IMB) then why did you tell her to erase it or tell this person to erase it? Well, I didn’t - I'm talking about - you're talking about whether I thought it ‘was at 4:25 (NINN) and then you say, well, if you didn’t know it was why at 4:27 or 4 - 4:26 or 4:27 did I say erase it. Well, when I got the text versus when I responded to the text, there’s two thoughts there. T'm not understanding what you're saying. Can you explain that to me? Well, when I received the text I hadn’t yet responded to it. So you're asking me why I did a response when I first got the re- why - why I made that response at - at a minute or two minutes later when I received the text. I didn’t make the response until after I got the - got the text. Lunderstand that, Let me see if I can see a tad bit more clear in my question. If you believe this to be someone other than (QIN) why did you text the crase comment in the very next text message from you? I don’t know. I don’t know who I thought it was at the time so. So these other people that have texted you graphic texts you've told them to erase it as well? Is that what you're telling me? I may have. Do you know that for a fact or are you just saying you may have? I don’t know any of this for a fact. You don’t know any of these text messages? | don’t know anything - anything that you're referring to as being factual. 1 don’t know. Well, again, are you disputing anything on these records? Well, I'm disputing, uh, the words that you're putting in my mouth, but - but yeah. Um... Okay, what words am I putting in your mouth? I’m not disputing that these text messages took place.1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1935 36 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1287 58 1259 1260 & ee R eo AD INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 521-1825 pm Case #MIPD-IA-18-003 Page 28 All right, Well, let’s move on, We're gonna go to the text messages starting ‘on January 15, 2017 which are on page two, Do you see that, sir? When was it? January 15, 2017 at 7:56 p.m. Do you see that, sir? Yes. Were you working that day? I don't know. Let me show you a roster dated January 15, 2017. Would you take a look at that, sir? Yep. Do you have any reason to doubt that record? I'm on the roster as working. So you would have been working at 7:56 p.m. on January 15, 2017, is that, correct? ‘Yes. A text message comes in to you, starts out, “WTF did you tell Neil? He went on a liking spree on my Insta and private messaged me. What did you do?” Did you know who that text was from? I- I don’t know. I- I probably did. What does that mean, sit? Well, I'm assuming I did because the next text says, “I never had a conversation about you,” so that would imply that I knew who you was. I don’t recall this conversation. So what you're saying is - and correct me if I'm wrong me if I'm wrong, that on the 15th of January 2017 you knew that this was (IEEE) texting you, is that correct? ‘Yeah, we'll correct you if you're wrong. Um, | said | don’t know if | knew1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 “980 81 1282 1283 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 03 1304 1305 a & # INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pm (Case #MIPD-IA. who it was or not. I'm assuming I did because of my response, but I don’t know what happened, uh, you know what, I was thinking back then at - I don’t know if I remember who it was or not. Who would be Neil, if you know? Well, from looking at the rest of the records I’m assuming it would be Neil Giansanti. And who is Neil Giansanti? He was a sergeant here. Do you know any involvement Neil had with (a)? Not until I read this record. Actually not until I heard that he was in the IA thing. You didn’t know about her involvement with Neil prior to - prior to that? The ‘comment to you back to her is, “I never had a conversation about you.” What does that mean? ‘That I never spoke about her to Neil. Okay. Would it be safe to say that you knew for sure that it was z= with that particular comment? I wouldn’t say anything’s safe to say. I mean, you're - you're asking for assumptions and I'm not doing that. Well, let me ask you this, how could you say you never had a conversation about you if you didn’t know who the you was? You're asking me for a factual answer that I don’t have. I'm - let me - let me make this very clear. For the record, I’m looking at these text messages and I don’t recall the series of text messages that are in here. I - I - I don’t recall the dates. I don’t recall the times. I don’t recall anything definitive about this. I'm going off of the records that you're providing me and you’re asking me do I remember these things, no, I don’t remember these things. Alll right. I hope you understand I’m just going through these... That's fine... files as part of...INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-1825 pm (Case #MIPD-IA-18.003 Page 30 1306 1307 A: .-.but my answer's not gonna change and your asking me the same question 1308 didn’t ways. The answer's not gonna change. I don’t remember them. I could 1309 assume if you want to base this entire investigation off of assumptions and, 1310 uh, not good - good answers, then yeah, let’s do that. But... 1311 1312, Q: Okay. 1313 1314 A: don’t remember any of them. That's my answer for the whole thing. 1315 1316 Al: Can we take a - a second? 1317 1318 Q: Absolutely. 1319 1320 Al: Take a break? 1321 1322 Q: Sure. 1323 1324 Al: Kevin, let me speak to you for a second outside. You gonna leave that 7325 running? 26 1327. Ql Gonna - gonna leave it running, yes. 1328 1329 Al: Yeah, thanks. 1330 1331 QI: ‘Want to leave it running? 1332 1333 Al: Yeah, thanks. We won't be but a minute. 1334 1335 Q: Sure. That’s fine. 1336 1337. Al: Yes - yes. 1338 1339 Man: Yep. 1340 1341 Al: Thank you. 1342 1343 Q: You're welcome. The time now is 3:31. We're back on the record. Mr. 1344 Hennings, did we ask you any questions. 1345 1346 A: No. 1347 4 Q while we were on break? 1349 1350 A: No.1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 1368 1369 "370 7 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 93 1394 1395 > 2 & O > 2 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pn Case #MIPD-IA-18-003 Page 31 Going back to the text messages on January 15, 2017, the next message is, “I'm not -" this is again from (IMP), “I’m not mad. He just said he’s heard that I'm a bad girl and among - amongst other things. Ha ha. I just don’t know where he got this input from.” Do you remember that? I don’t know, Next message from (INNNMNM) again at 8:05 p.m, “But what are you doing Jater tonight?” Do you remember that? don’t know. I don’t - I don’t specifically remember any of these text messages. Well, on 2/7/17, which is the next string of text messages, this is at 1:32 am. Were you working that particular day, on 2/7? If you - do you have a roster? Ido, Yes. And what time were you working on that particular day? It shows that I was working, um, 6:00 at night to 6:00 in the morning on that roster. So if this text came out at 1:32 a.m. you would have been working? 1 assuming I didn’t go home early or, uh - you know, assuming I stayed for that entire shift I would have been working. ‘The text messages says, “Hey, what's up?” Do you remember that? Again, I'll tell you I don’t remember any of these text messages. I have no direct recollection. Okay. Let’s go to the next string of text messages which were on the 8th or February. Do you remember those text messages strings? Agaii And again, I apologize. I have to ask.1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 “415 16 1417 1418 1419 1420 1421 1422 1423 1424 1425 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 38 1439 1440 > OF © 2 2 ae eae > INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko $-21-1872:35 pm Case ¥MIPD-1A-18-003 Page. Just say no. No. I'm gonna show you a roster. Were you working on the early hours of 2/8/17? T'm on the roster as working, ‘And what was your zone? Zone 10. ‘And where would that encompass? Um, from the police department to the beach all the way up from San Marco Road to, um, The Boat House Motel. Would Tigertail Beach be in part of your zone that particular evening? Yes. Okay. Take a look on page two of the text, the very last text on 2/8/17 - or the very first text, I'm sorry, at 1:19 a.m, The text from (HII to you comment was, “Howdy.” You see that? At the bottom, yes. Yes. The next text message is from you at 1:20 a.m. It appears your response was, “What up?” You see that? Yes. Do you remember that? Ihave no recollection of any of these text messages. ‘The next text message is from (UNNI) at 1:20 a.m. right after that, “What up.” comment was, “Not much. Do you want to meet up later?” Do you see that? Yes. ‘You remember that comment? Thave no recollection of any of these text messages.1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 460 61 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 1481 1482 83 1484 1485 2 >> Cr 8 > INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pm (Case #MIPD-1A-18.003 Page 33 ‘The next text message appears to be from you at 1:22. Comment, “Sure. I'll be over near your place in the outside lot.” You see that? Yes. Do you remember that particular text message? Thave no recollection of any of these text messages. Do you know where I) lives? Ido. Where does she live? as EE I don’t know. It’s a i. And then the next text message is at 12:30 a.m. from (INI). It says, “Okay.” See that? Yes. You don’t remember that? Thave no recollection of any of these text messages. The next text message is at 1:31 a.m. again, from (NNN. “Where are you at?” You see that? Yes, Do you remember that? Thave no recollection of any of these text messages. At 1:32 am. there’s a text message from you to that number, which has been identified by a moniker (NM). “OMVW.” Do you see that? Yes,1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 “505 06 1507 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 28 1529 1530 2 o> 8 F 8 F A INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Atienko 5-21-182:35 pm (Case #MIPD-IA-18-003 Page 34 Do you remember that message? Thave no recollection of any of these text messages. In your vocabulary that you text what would “OMW” mean? I don’t know. You don’t know what that means? It could mean a lot of different things. ‘What does it mean to you? Uh, doesn’t mean anything to me. And the very last message on that particular string is, “Okay.” Do you see that? And that’s from (NIBH to you. That’s what it says. Do you remember that? Thave no recollection of any of these. Now we've already established that you were working this particular evening on the 8th, correct, early morning hours? If that's what the roster says I’m - if I didn’t go home early then - and I'm on. the roster then that means I was working. Okay. I'm gonna show awe couple documents here and you have them provided in your file. And they're actually some GPS records I want to talk about. And I'm gonna show you one that's dated 2/8/17 at 1:17 a.m, Duration is 14 minutes and from what I understand that means the vehicle was stationary for 14 minutes. Could you take a look at that please? Mm-hm. ‘That's been identified as your vehicle. Would you have a reason to doubt that, that’s your vehicle? I'd - I can’t intelligently speak about, um, whatever this document is. I don’t - I don’t remember what I was driving back then either.1531 1532 1533 1534 1535 1536 1537 1538 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 "550 51 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 1568 1569 1870 1571 1572 2B 1574 1575 Q > 2 > > 2 QR 2 > Q A Q A INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pm IPD-1A-18-003 Page 38 Here’s an aerial photograph of that GPS record. Would that be an area in which you live? It would. It's on the same street? Yes, Again, I'm gonna show you another GPS record and this was on 2/8/17 at 1:37 a.m. Duration 13 minutes. Would you take a look at that. Do you know where that is? Es Do you know what's located in that area? I'm gonna show you... ..Where she lives. ‘an aerial photograph. Would that be the area corresponding to that GPS record? Do you know why you would be there at 1:37 a.m.? Yeah, I used to go there regularly. For what? Um, that parking lot right there, I would sit in that parking lot - actually right - right next to that tree and type reports, um, you know, finish - finish up my paperwork, do whatever I was doing, you know, depending on what activity was going on. How often would you go to to do the paperwork?1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 +895 96 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 18 1619 1620 > 2 Pe > 2 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko Quite often, Um, either - either right here. I mean, I have like kind of - and every - you're a police officer, every police officer has their little holes that they - that that's where they do their paperwork. That's someplace they ean go without interruption. Um, you know, and you got them randomly around the island. Um, you know, I used to go right here to Veteran's Park. I used to go right there to, um, right in the parking lot of where that church is right next to that tree. Um, I used - you know, it’s right next to the 7-Eleven. Um, we'd hhang out at 7-Eleven quite often. So, you know, I don’t - [ don’t doubt that that’s accurate. I'm sorry? I don’t doubt that that's accurate that I was there, That's. And you... That's one of the places where I frequent. And you knew QI) lived there? Well, it's - to say she lives there is quite deceiving, It - maybe they own the same property but it’s, you know, um, is polar opposite of where that is. It's not - yeah, it's the same property I guess but so ‘s Did you ever. Actually I used to sit in the cemetery too so. Did you ever mect JINN) at any I'm on this particular - and I'll call road patrol or director patrol, whatever, on any occasion at this location? Did you ever meet her there? ‘Um, no. There was times where she - when she was coming back onto the property she had to pass there, um, there’s been times where she pulled up next to me, Um, there was, uh - I don’t know, one or two times where she would be circling around, Whenever | would be in Veteran’s Park she would circle around to see who it was. Um, Do you know if you met her on this particular evening? I don’t recall The next record I’m gonna show you is dated 2/8/17 at 1:54 a.m. Duration is 16 seconds. Could you place take a look at that, Do you know where that1621 1622 1623 1624 1625 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 "540 Al 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 1655 1656 1657 1658 1659 1660 1661 1662 63 1664 1665 > QPrOore @ A Q A Q INTERVIEW WITH KEVIN HENNINGS, Interviewer: Ken Afienko 5-21-18/2:35 pm Case #MIPD-1A-18-008, Poge 37 location is? It’s over near Tigertail Beach. Do you have any reason to doubt the accuracy of that record? don’t - I don’t know. It - I mean, if it’s - are you saying that’s where it says my car was? Correct, Okay, Do you have my reason to doubt that record? No. ‘The next record Im gonna show you again is from 2/8/2017 at 1:55 am. oe ‘one hour, four minutes and 20 seconds. Could you please take a look Looks like it’s the same place. And I'm gonna show you the aerial photograph of that. Can you identify that area? Tigertail Beach. Do you know why you were there for an hour and plus on that particular evening? don’t. Um, might have been using the restroom or typing a report, doing some paperwork. Ihave no idea, Now are your reports supposed to be completed at the end of your shift? Well, that’s kind of a- a loose rule. But are they supposed to be completed at the end of your shift? I don’t know if- I don’t know what the rule is on that now. If I - well, I'll just show you the record. This is an event documented on 218/17, if you'd look at that. And there are several entries for you up at the top. You see that?1666 1667 1668 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 “585 86 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 1704 1705 1706 1707 08 1709 1710 oP 2? 2 2 = © > BF OF INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken AFienko $-21-18/2:35 pm (Case #MIPD-IA-18-003 Page 38 Isee my name, yes. And that indicates that you did - what is a COPS? A foot patrol. And your records indicate that you had four foot patrols that evening, Do you see that? Mm-hm. At this particular time in the evening does it show where you were out at - at Tigertail Beach? Are any of those addresses corresponding to Tigertail Beach? No. Did you get out and walk around at Tigertail Beach? If you remember on this particular... don’t know. ..evening? When you check out at a location to do paperwork or in a location for over an hour is it common to put on your documents that you're out on foot patrol or COPS? Not always. No? Not always. Well, you did it four times that night, correct? Mm-hm. Do you know why you didn’t log out at Tigertail Beach? 1 - if you're - if you're saying that I was only at four places in 12 hours, I mean, I'm sure there’s a lot of places I didn’t log out at. Do you normally not log out if you're at the place for over an hour? Well, yeah. I stay in service for calls.vi 1712 1713 1714 1715 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 *730 31 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 4752 33 1754 1755 Man: 2 ee INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5.21-18/2:35 pm Case #MIPD-1A-18-003 Page 39 ‘Then why is it you would log in these particular locations on that particular evening and not Tigertail Beach? Probably because I was doing something that I didn’t want to be in service for a call. I'm - I'm guessing. I don’t recall the day. Did you meet (QIN) at that particular location on that particular evening? I don’t recall the day. Okay. On February 8th, this particular evening, did you meet Si MM) 2 Tigertail Beach at 1:37 a.m. thereabouts. If you remember. No, I that's what I just said. I don’t recall the day. Do you - the day what? I'm sorry. I don’t recall this day, Okay. I don’t have recollection of the details of this day. Have you ever met (SIN) at Tigertail Beach at any time whatsoever during your duties as a law enforcement officer while on duty? Yes, For what purpose? Well, I didn’t meet her there. She showed up. Um, when I was walking out of the bathroom she was hiding in the shadows and that is actually the day that I got alittle bit more firm. She scared the hell out of me. And that I got mad and at her and I said, “Listen, you need to cut this shit out and, you know, don’t come around me. Don’t - don’t, uh, don’t text me. Don’t come around mé Don't be cute with me. Don’t be inappropriate with me. I'm married. You're in the same - same grade as my son. I can’t be around you. You don’t know how to take a hint and stop, uh, you know, communicating or trying to communicate with you. Could that have been this particular evening?1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 1766 1767 1768 1769 1770 171 1772 1773 1774 “775 76 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 1793 1794 1795 1796 1797 98, 1799 1800 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pm Case #MIPD-1A-18-008, Page 40 It could have been. Did you ever tell anybody about that particular conversation with (Madeline) as far as you didn’t want her to text you or follow you or do any of that? I don’t remember. Was she stalking yo She, ub - it was not out of the ordinary for her to show up places that cops were and, uh - you know, whether it would be a coincidence or I heard about her popping up on traffic stops that cops were on. Never with me. Um, you know, but you just hear, you know, guys talking and - you know, I didn’t have problems like that, um, you know, where she interfered with my work but, yeah. She would quite often just show up somewhere. Um, she knew what car number you drove and she - she told me that she knew what car number I drove and, you know, that’s why she would make a big circle around and when she identified the car number that’s when she came forward. But we don’t know when this conversation was, correct? Well, I don’t know the timeframe of any of this, Um... Okay. Did you ever tell Sergeant Inlow about this particular stuff that was going on with Cm? Um, after Sergeant Inlow had already resigned, um, there was conversation, uh - well, didn’t tell him that, Um, [heard during his investigation that it popped up that officers had made it very clear that she was engaged in inappropriate activity. No, my question is to you though, did you ever tell Sergeant Inlow while she ‘was employed here about the issues, in your words, that (NINN) was following you and sending inappropriate text, did you ever have that conversation while he was working here? Um, one-on-one, no. Did you ever have a conversation with any other employee of the agency related to IT)? No. Did you ever complain to anyone not related to the Marco Island Police Department QF 2 FOR 2 Al: Al: INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afinko 5-21-182:35 pm (Case #MIPD-IA-I8-03 Page 42 No. You've never met her as far as you know? I don’t think ‘Why would she say that she knew about those particular sexual rendezvous? Thave no idea. So (D's lying? Absolutely. And (SE's lying? don’t even know who (SINE is. It’s her sister. 80. You read her statement, correct? Yeah. She says that she knew about the relationship you were having with =) She said... Actually what she said is that her sister told her... Yes. _about the relationship Correct. She didn’t say she knew anything directly. Well, not directly but indireetly, No, that's a huge difference. She said that (III) painted some story for1891 1892 1893 1894 1895 1896 1897 1898 1399 1900 1901 1902 1903 1904 1905 1906 1907 1908 1909 “910 AL 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 33 1934 1935 2 RPO A Al: Al INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afieako ‘S-21-18/2:35 pm (Case #MIPD-IA-18-003, Page 43 her, Mm-hm. ‘And that’s what she relayed to you. You saw that... But [ have no idea who she is. ‘You read that in there, correct? | read that (QUININE) told her something that she told you, which is no different than (NNN) telling you herself. So let’s sum up this entire case. At not any time whatsoever as a police officer with Marco Island Police Department did you have any form of sexual relations with (IRN) whether on duty or off-duty? Never. Never on duty, off-duty. Never. And just to reiterate, we don’t know whether you knew that it was (NI) with these text messages or not, just to reiterate? Listen, I cannot tell you - I cannot intelligently speak about what I did or didn’t do in this window of time, but what I can definitively say ~ and probably the only thing I could definitively say right now, is that I have never had any sexual relationship with that girl. I don’t know what I did on those dates. I mean, I have to kind of go by the fact that you guys know what you're doing with investigating and - and dates and charts and everything else. So, I ‘mean, I don’t know what I - what I was doing but I know what I wasn’t doing and I wasn't engaged in any time of sexual activity with that girl. In fact, for ight years I've been with the same woman and never strayed. So, yes, that’s my answer. Do you mind if we take a quick break? Of course. Not a problem, The time now is 3:58 and we're gonna take a brief recess. We will leave the recorder running. Do you want us to step out or you want to step out or? Um, well, probably be easier for you ‘cause there’s nowhere for us to go. Okay.1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946 1947 1948, 1949 1950 1951 1952 1953 1954 “955 156 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 B 1979 1980 Al: a: Al: Al: Man: Man: INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5-21-18/2:35 pm ‘Case #MIPD-IA-18-003 Page 44 ‘We'd kind of just hang in the - in the lobby. That would be great, Need anything while I’m out? No, sir. Thank you, Captain. (Unintelligible) a copy of this, I guess we do have to (unintelligible), yeah. I guess that’s gonna be just used to (unintelligible) your statement, but then they would have recorded their conversation. Nobody can stay in here. All right. | just thought they were gonna do that. Yeah. So (unintelligible). Well, this is (unintelligible). Make sense? ‘Yeah, because, um, (unintelligible). ‘Yeah, we realized we couldn't speak either ‘cause the tape was running. I was gonna say I guess both of us would have had to step out either way. Um, if you want to go and get back on record or whatever I'd like to clarify something, um, before we get into next question if that’s okay. Absolutely. Well, let me put the time on it. The time now is 3:57. I think I may have said the wrong time before. It was 3:48 when we broke, It was now 3:52. Mr. Hennings, did we ask you any questions or make any comments while we broke? No. Thank you, Would you like to clarify something? Yeah. Um, earlier you had asked me if I had conversations with, uh, you know, anybody else there or reported this behavior to - to anybody cise. Um, 1 didn’t have the one-on-one conversation, Um, it was kind of a collective thing. Just a, you know - she was what a lot of the guys would call a -a I think (unintelligible) a “badge bunny” where she would follow cops around throughout the course of the night. I - I did have a one-on-one conversation with my wife about it. I'd get home in the morning and I'd wake her up in the moming, because she'd get set for work as I was going home, and I'd actually have full on conversations about this girl when this stuff was going on, Also collectively as a - as a, um - um, a squad, you know, in roll call, in passing, you know, going back and forth, crossing each other's paths. It was kind of a common thing that she would follow cops around, you know. So, yeah. The1981 1982 1983 1984 1985 1986 1987 1988 1989 1990, 1991 1992 1993 1994 1995 1996 1997 1998, 1999 "900 AL 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 3022 23 2024 2025 Al: INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5.21-18/2:35 pm (Case #MIPD-IA-18-003, Page 45 conversation had occurred, um, but as far as me officially reporting something ‘or whatever I - I don’t know what the criteria is on... But did you ever wage your complaint with anybody? Asa victim, no. Uh, if that’s what you - I’m not really quite sure how you're asking me 50... Well, I'll - I'll be more specific. Did you ever tell anybody - and again, ‘cause you brought it up I'll just clarify, did you ever tell anybody, supervisor, coworker or anybody here at Marco Island Police Department that she was stalking you? No, I never claimed to be a victim of anything. Did you tell anybody at Marco Island Police Department and/or supervisors that she was harassing you? Inever filed a complaint on - on (EN), uh, (IEE), no. Did you ever tell anybody at Marco Island Police Department and/or any supervisors that she was sending you any explicit text messages? No, I don’t think so. | want to go back to something we discussed a little while ago. You had ‘mentioned that you have the same cell phone cartier as you did back in January and February 2017, That's correct? Do I have? Same cell phone carrier? (Unintelligible) Verizon I think you mentioned? Yes. ‘We would like a copy of all text messages from December 1, 2017 through the end of February 2017, so that would be basically a three month period. Mm-hm, In there. And we would ask that you provide your phone or text messages to accommodate that request. It’s not an order. It’s a question.2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 945 46 2047 2048, 2049 2050 2051 2052 2053 2054 2035 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 68 2069 2070 Al Al: Qi: Al: Al: Al: A Al: A INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko $-21-18/2:35 pm Case #MIPD-1A-18-003, Page 46 Orders that person here. “Cause I will tell you that I need to know whether it’s an order or not and, you know, whether it's a request. And just so you know, if it’s an order it will obviously be dealt with in a different sense and I think you guys need to check “cause you don’t pay for his phone and you don’t give him any money for his, phone and you don’t do anything with his phone so I don’t think you have access to his phone, (Unintelligible), But you guys - just as long as you put it on the record what you're doing I'll respond accordingly. Can we step outside a second? Can we step out? Of course. Of course. We're gonna take a break now. It is 4:00 o’clock. We'll be right back Gotta put it on the record. We'll see. Listen, they’re probably not gonna give it to you any - Verizon, they don’t do that stuff. I’s very hard to get phone records, even for you. Trust me. Let’s see if they order you. (Unintelligible), Hmm? (Unintelligible), ‘They can. (Unintelligible) just come back, ‘The time now is 4:02 p.m. Mr. Hennings, did we ask you any questions while on break? No. ust to clarify we - we want to even - even more narrowly address the cell phone records. Okay. And this would satisfy our request is that the times of December 1, 20172071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 90 91 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108, 2109 2110 2411 412 13 2114 2115 Al: Qh Al: Qe: Al: @ Al Qu: INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko 5.21-18/235 pm Case #MIPD-1A-18-003 Page 47 through the end of February 2017 be produced to show text messages that were sent or received from the phone, however, you're able to redact any and all text messages to and from that aren’t related to this particular individual's specific number that is on the request. That way we don’t want any personal text messages. We only are interested in text messages from [i MEM) anid the number, we can provide that to you. We only want them for that three month period. Well, that would be absolutely what we would need to even again facilitating that request. We don’t have that information and obviously we'd want to make sure we can get the right one. But, okay, we understand, Just from that, number. Yes. Okay. And you're saying it’s a request at that point or an order? ‘You - this is Captain Rich Stoltenborg. Uh, both. First the request. Okay. All right. Well. We think it’s a reasonable request. I mean, we don’t really want to go there and order you but if - if- if we have to we do believe we're on solid grounds for that narrow purpose. And again, you understand why we want this information, No. And why it’s relevant. Obviously, you know... (Unintelligible). You were looking at this sheet. You were saying | don’t even know what this is. I'm taking you at your word that this is - is what itis. We want your side of the text messages and - and that's... ‘Well, you have my side. Wait - wait - wait. We understand. Okay. ‘We'll discuss and then we'll obviously get back to you. Okay. Sounds good.2116 2U17 2118 2119 2120 2121 2122 2123, 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 7135, -36 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 °1S7 58 2159 2160 Al: Al: INTERVIEW WITH KEVIN HENNINGS Interviewer Ken Afienko '5-21-18/2:35 pm Case #MIPD-1A-18-003 Page 48 Absolutely. Officer Hennings, do you feel that you were treated with the police officer - treated within the Police Officers’ Bill of Rights? Yes, Except for the issue that we raised at the inception of this hearing as far as it relates to your questioning and making sure that that narrow portion is - is dealt with, particularly that right, yes, sir. Well, let me follow up. Are you claiming any Police Officer Bill of Rights violation as of this interview? Again, as we said at the beginning, um - um, Mr. Afienko, um, we are concerned about your role and overall control of the statute and how it has no enforcement for you but as far as what we've been provided I have not requested an enforcement hearing and I haven’t raised a claim of a violation at this point. Officer Hennings, have all the - all the answers that you have given to all the questions that I have asked been the truth to the best of your knowledge? To the best of my knowledge. Officer Hennings, do you feel that you violated the charges that I articulated in the beginning of the interview? Do you have that you violated any of those? No, ‘cause | didn’t do it Do you feel that there’s anything I failed to ask you that you would like to add to this statement? Not at this point. Thank you. Just an admonishment here, It's not a question. Department directives prohibit any member of the department from disclosing any information obtained pursuant to an investigation, including but not limited to, the identity of an member of the investigation and the nature of the questions asked, information revealed or documents furnished in connection with the investigation before such complaint, document, action or proceeding becomes a public record as provided in state statues. Violation of this prohibition shall subject the member to disciplinary action, up to and including termination of employment. Do you understand that, sit?2161 2162 2163 2164 2165 2166 2167 2168 2169 INTERVIEW WITH KEVIN HENNINGS Interviewer: Ken Afienko $-21-18/2:35 pm Case #MIPD-IA-18-008 AD Yes. Q ‘This now concludes the interview. The time now is 4:06 pm. ‘The transcript has been reviewed with the audio recording submitted and it is an accurate transcription. Signed Capt Latent Léiloebug Page 49