Wesley F. White, Esq.

Post Office Box 17015 Fernandina Beach, FL 32035 Telephone: 904.335.8335 Email: wfwhite@gmail.com

August 2, 2013

The Honorable Rick Scott Governor of the State of Florida The Capitol 400 South Monroe Street Tallahassee, Florida 32399-0001

Re:

Request for independent investigation as to the Office of the State Attorney for the 4th Judicial Circuit

Dear Governor Scott: Florida Statutes 92.57 provides in part that [a] person who testifies in a judicial proceeding in response to a subpoena may not be dismissed from employment because of the nature of the persons testimony and that [i]n any civil action arising out of a violation of this section, the court may award attorneys fees and punitive damages to the person unlawfully dismissed, in addition to actual damages suffered by such person. (emphasis added) The undersigned represents Ben Kruidbos, a former employee of the Office of the State Attorney for the 4th Judicial Circuit, who was unlawfully terminated on Friday, July 11, 20131, for having testified (pursuant to a subpoena) before the circuit court in and for Seminole County2, on June 6, 2013. The nature of his testimony related to the possible knowing violation, by the State of Florida, of its reciprocal discovery obligations in a criminal prosecution. The letter terminating Mr. Kruidbos makes explicit reference to his testimony of June 6th3. Prior to his testimony, he was a well-regarded employee, recently received a raise, and was considered a friend by the State Attorney. But for his testimony he would still be employed.

1 2

Copy of letter terminating Mr. Kruidbos employment is attached. State v. Zimmerman, Case No. 2012-001083-CFA. 3 Pretextually, the letter also references additional alleged grounds for termination.

Request for independent investigation August 2, 2013 Page 2 of 2

Wesley F. White, Esq.

As set forth in Wiggins v. Southern Management Corp., 629 So. 2d 1022 (4th DCA 1993), one who testifies under subpoena must be protected from retaliatory employment termination. Further, there is a public policy interest to secure truthful testimony in all judicial proceedings no one should have to fear retaliatory employment termination as the result of their testimony. Accordingly, the undersigned (on behalf of my client) formally and respectfully requests that you commission a State Attorney from another circuit to conduct an investigation as to whether or not the Office of the State Attorney for the 4th Judicial Circuit acted unlawfully in the termination of Mr. Kruidbos. Sincerely,

Wesley F. White, Esq.

Encl. Letter of termination dated July 11, 2013

Cc: Peter Antonacci, General Counsel and Chief Ethics Officer Executive Office of the Governor The Capitol, Room 209 400 South Monroe Street Tallahassee, Florida 32399-0001

Angela B. Corey, State Attorney (without enclosure)