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I am one member of a five person board. The opinions I express on this forum are mine only, and do not necessarily reflect the views or opinions of the Escambia County Staff, Administrators, Employees, or anyone else associated with Escambia County Florida. I am interested in establishing this blog as a means of additional transparency to the public, outreach to the community, and information dissemination to all who choose to look. Feedback is welcome, but because public participation is equally encouraged, appropriate language and decorum is mandatory. Although this is not my campaign site for re-election--sometimes campaign related information will be discussed, therefore in an abundance of caution I add the following : Political Advertisement Paid for and Approved by Jeff Bergosh, Republican, for Escambia County Commissioner District 1








Monday, January 22, 2024

Jonathan Owens Doesn't Rate a Taxpayer Funded Legal Defense

Because mere possession of personal identification information by those who are unauthorized is a crime, and Jonathan Owens freely admits he possesses such information, his request for a taxpayer funded legal defense should be met with a denial.


Tomorrow morning on our agenda of the regular meeting of the Board of County Commissioners, we will be discussing a request from former employee Jonathan Owens.  

Owens is requesting that county taxpayers fund his legal defense in a civil lawsuit he is facing and also in an ethics complaint he is defending.

Yes, the county does have a policy that provides, in some circumstances, a legal defense for an employee who faces litigation arising from such an employee's normal and routine employment activities.

Jonathan's case does not meet that standard.  

And many believe Jonathan is actually guilty of a crime, a third degree felony, by possessing, unauthorized, the personal identification information on five or more individuals, which is illegal under Florida Law. 

Owens claims he innocently, when he was a county employee, came into possession of a file containing this personal identification information.  Furthermore, he admitted reading this file, keeping it, and disseminating it unredacted to a law firm suing the county.  He admitted his possession of this file in the newspaper and on the radio on Andrew Tallman McKay's program on AM1620 back on August 7th. (transcript here)

This is why law enforcement is investigating this issue--they know it is illegal, too! They (law enforcement and the State Attorney's Office) know this file has pictures, text messages, and other information that should not be possessed by anyone who is not authorized to possess it.  Mere possession under the statute is unlawful.  --and Jonathan is specifically NOT authorized to possess this file, which contains:

a.     Social security numbers for at least 3 individuals.

b.     User names and passwords for e-mail and service accounts.

c.    American Banking Association routing and bank account numbers for multiple accounts.

d.     The address and access codes for the electronic gate and lock on a private residential condominium.

e.     Photographs of the Passports of two persons.

f.      IRS tax returns for two separate persons.

g.     Insurance cards.

h.     Credit and debit card pictures, numbers and PINs.

i.      Pictures of Driver’s Licenses of two separate persons.

j.      W-2 forms for one person.

 

6.         Additionally, the file includes personal and private discussions on the following health matters relating to at least 13 different individual citizens who are not public figures and that are also not in any way connected to Escambia County’s Government:

 

            a.         Colonoscopy.

            b.         Hospitalizations.

            c.         Psychological Diagnoses.

            d.         Miscarriage.

            e.         Cancer.

            f.          Heart attack.

            g.         Parkinson’s Disease.

            h.         Cancer diagnosis and prognosis.

            i.          Suicide.

            j.          COVID Vaccination Status.

            k.         COVID Diagnoses.

Information such as this, above, is not a public record and would not be released under any public records request ever.  If people want public records, they should request them, not steal and distribute them as has happened here.  And because Jonathan has a copy of the stolen files and has admitted this--he must also know this:  mere possession of such information by those who are unauthorized is a crime, and therefore Owens' request for a taxpayer funded legal defense should be met with a denial.


21 comments:

Anonymous said...

But, Jacqueline Aimee Rogers says you should pay for his lawyer and also $130,000 for his boss, Boss Underhill. And, she’s so fair. Criticizing any other spending the commission makes, while advocating for this waste of taxpayer funds. The question she needs to ask herself is, “hypocrite much?” And, listening to McKay like I sometimes do, it appears he gloated his way into some trouble. Stupid is as stupid does according to Gump. I noticed McKay took this recording down. Did he put it back up for your link? Owens owned himself when he says he looked and read everything, including privacy protected information, understood it all, consciously kept it and then gave to other lawyers and, presumably, the Clerk of Court, the PNJ and probably others. Real smooth. He should get a paid lawyer. They are called public defenders.

Mel Pino said...

Boy oh boy did Mr. Green hit the jackpot when he came upon this bunch. As a reminder, he finished out Edler's failed case against me (wasn't much he could have done at that point of course, since it was bogus from the get go); represented one of Doug's family members in legal trouble; and, if memory serves, was Doug and Wendy's attorney on their insurance claim after they had tried to bilk FEMA for a second time. Perhaps he's getting paid more consistently than some other attorneys that do work for that tribe.

While you guys have Arduini under deposition, be sure and ask him about lying publicly and repeatedly on ECW about the commissioners not fulfilling the public record he requested off their private cell phones--when he really just refused to cough up the money to pay for it. I've got the public record of all the communications that went back and forth between him and the County on it, and he clearly ignored a certified letter and many electronic communications about the cost of fulfilling it, instead playing one of his little Qer rabbit trail games through the PRR database, diddling around entering inquiries when he had received the official communication about the cost of the records requests. And at his request, the County just reopened it AGAIN for him, on 12-6-24, and sent him another cost estimate on 12-21-2023. Funny that never made it up in lights, but then there isn't room for much more than Jacqueline having a total meltdown in unhinged hysterics these days.

We're used to these clowns making fools of themselves and lying like rugs. What I cannot understand is why the Court doesn't seem to recognize that

*THERE IS NO WAY TO ESTABLISH WHETHER WHAT YOU GOT BACK FROM THE IT DEPARTMENT WAS "CLEAN" OR ALREADY CORRUPTED, LET ALONE WHATEVER SHAPE THEY WERE IN WHEN EDLER'S LAWYERS TURNED THEM OVER TO THE COUNTY AFTER OBTAINING THEM BY WAY OF JONATHAN.*

Naturally Bart Siders would use a program that isn't intended for forensic capture and a lot of people wouldn't trust with professional maintenance of metadata--Copytrans is known to have attribution problems.

So how on earth is the Court proceeding from a file of text messages that could be either corrupted FROM THE POINT OF EXTRACTION, twice corrupted, or many times over corrupted?

It's just so different from the laser focused and super cautious approach this judge and magistrate team took in the similar Bear public records case. I get this is a sideline on a qui tam and judges are people too--they're probably sick to death of the circus these chaos makers engender. But it's still problematic to me after all this time that they are proceeding on a file that could be various degrees of junk (like a lot of things that came out of that IT department during that time).

Speaking of extraction, best of luck to Mr. Green on extracting his legal fees from Jonathan himself, along with any members of his shared Arduini Gofundme fan club stupid enough to cough up towards these cases.

Eric Sharplin said...

Its a no win mess if they goto jail our tax dollars will pay for 3 square meals a day. We need prison reform big time.

Jeff Bergosh said...

Anonymous: Yes, it is interesting after Jonathan and Tallman laughed it up during the interview on August 8th--after that--amazingly that podcast was scrubbed from the AM 1620 site. Interesting, things that make you go HUMMMMMM? Luckily--I have a copy (As does the State Attorney, the Ethics Commission, and FDLE and the FBI). I wonder if Tallman got a copy from Jonathan--I know he really wanted one. Maybe we will find out as we commence depositions in the civil case coming up real soon.

The Old Bull is walking, steadily, down the mountain and ever so close to the pastures below....

Eric Sharplin said...

I see Mr Owens chickened out Heff offered him chance to speak I think he knows his goose is cooked

Anonymous said...

HA HA. The last discussion item on the agenda today.
That's how the board says "F@ck Off."

Classy.

Reminds me of a line from an Alison Krauss song.

"You say it best, when you say nothing at all. " 🎢 🎡

Pretty ridiculous for the defendant in a lawsuit ask the plaintiff to pay for said defendant to defend himself. Too bad he didn't take you up on your offer there, old bull, to come up to the podium an publicly ask for it.

If he had and Marlette was here, he could draw jack ass ears on him something.... Hee Haw. 🫏

Arduini's go fund me should be marked as a scam.

I hate a liar as well as a thief.


Eric Sharplin said...

I hear the negative league is good at cooking Goose.
Mr owens shows he has a yellow streak on his back

Clown Show said...

Why didn’t the BOC chairman and the county attorney sign off on the initial complaint ? What greater good
does it serve the citizens of Escambia county to go after private citizens and a newspaper because of your
text messages?

This is absurd. A waste of money. A waste of time. A waste of resources. All because you are butthurt because you (or someone fondling your phone) done locked yah out.

Would rather spend money on funding your director wife’s BMW M550 (sure patients love seeing that when they roll up) than these stupid lawsuits that you — and only you — are responsible for creating. If only you had appropriately maintained your public records and backed them up. Then this would have never happened. Let’s talk about that egregious error.

Anonymous said...

I see Mr. Owens declined your invitation to speak about his request the county pay for his attorney to defend him in the law suit to recover your information he stole/found. Maybe you should have had Andrew McKay there to interview him on why he needs the county to pay for his attorney to keep your pictures, credit card numbers, bank information etc. listening to Owned’s interview on your link, he sounded quite proud of his possession of your stolen photos. Maybe Owens is afraid of speaking in public and an interview style from a friend/supporter/errand boy like McKay would have prompted him to speak. Or, maybe his attorneys suggested to him to shut up, as he’s already set his criminal trial In motion. In any event, why not turn over your and constituent personal information/pictures. It’s creepy he’d want to keep pictures/credit card numbers/passport information. It’s weird he’s so consumed by keeping your personal information.

Anonymous said...

Cannot wait for your public apology!

Anonymous said...

The defense attn for Gannett apparently left in a typo saying this is a BALD over reach, now Owens attn must have copied it and also in writing states this is a BALD over reach. Even ole JAR parrots it. πŸ€” 🀣 sic BOLD. 😎

Sorry, no, it is illegal to steal government documents that are clearly not a public record and then to boldly exclaim you have them. On the radio, in public. πŸ“£ πŸ“£

Arduini trying to imply when he said "We have them all" that he means "we the people". HaHa. I remember the old saying from middle school when someone tries to implicate others by saying "we" in stead of "I" then the appropriate response was...
"Whadda ya mean WE? Ya got a turd in your pocket?"


Dumb criminals.

I'm glad the BCC is taking a stand against the chaos makers.


Anonymous said...

Once I clicked on a profile on facebook after the local rag had posted a mug shot.

The guy had posted pictures of himself with white powder all up his nostrils and on his lips, holding stacks of cash and brandishing firearms. Local guy. Past felon with a record.

These kinda remind me of that type of mentality.

Once I looked up the case on the clerks site, I wonder, why in the world would anybody contribute to a con's bank account (Go fund me) of one who won't pay other bills and has numerous lawsuits filed regarding that irresponsible behavior?

I know in the USA people have a right to due process, however why give up my hard-earned money to let criminals defend themselves. Hell No.

I think the anti SLAPP procedures call for those motions to be filed early in the lawsuit -- however this clearly is not a SLAPP.

This is a case of misuse of public position to obtain information not available to the general public and trying to use it to harass or embarras another.

Clearly.

Also thanks for using RESTORE funds, Old Bull for public Beach Access despite that the selfish aholes of Perdido PKA wanting to keep the beach to themselves.

Hope you keep your seat in D1.

You're the man.


Anonymous said...

They have information that could be used in so many nefarious ways. Identity theft, etc. Fraud and more.

The potential for further criminal activity is unnerving for you and others, I'm sure.

It's absurd for him to even show his face and ask for funds to defend against that.


One above comment speaks to this.

Why would they want to hold on to that info. Good question to ask in the depositions.

Where did they get it and why do they think they have a right to it.

It is similar to breaking into someone's home and stealing sensitive banking information to use later to open new accounts and more.

Anyone defending this is either stupid, an accomplice, gullible or criminal themselves.

Of course the BCC didn't need to waste time, nor go against policy regarding legal matters discussing this in a public meeting.

Why was it even on the agenda?





Anonymous said...

JayQuellan Aimee Rogers is now saying that the commission meeting yesterday was purposely set around Kohler’s vacation schedule so he wouldn’t be there. Really? Did staff ask Kohler, “are you sure you won’t be in town? Are you sure you won’t call into the meeting? Are you really sure.” Yeah, that’s what happened. And Chief Blow doubled down on this conspiracy theory saying the same thing. Ridiculous! Sorry Blow hard boy, Ole goofy male nurse Mike is “lost in the sauce.” He's willingly taken the weird, odd, outcast commissioner mantle from Doug. I predict he’s the bottom of 4-1 votes on everything he wants in his district. What a shame for District 2. Wow! 3 months into a 4 year term and he’s useless to his constituents. What a shame.

Anonymous said...

You can report that scam go fund me Alex Arduini posted on your page. Just go to the Go Fund me site.

I don't think a commissioner should have to allow a fraudster to solicit funds on their county face book page. Do you?

It should be blocked and removed.

Report it to SAO.



Anonymous said...

Why don't you report that scam Go Fund me to their site and also report it to SAO.

Alex Arduini is trying to solicit funds on your county page. Isn't that illegal especially if it's criminal and fraudulent.



What's the state statute for that?


Anonymous said...

You would think they would put the shovel down.

McKay/Tallman published a podcast acting all flabbergasted, because the meeting ended with no motion. Duh.


He also appently reads from the logical fallacy to do list trying to defend the indefensible.

I believe it's called deception.

Clown Shoes said...

Spin spin spin spin

Less than 90 seconds of discussion. It takes most people longer to πŸ’©than it did for them to “discuss”.

The county is suing a private citizen for a Facebook comment that was taken out of context, with no factual proof, and has not been criminally charged or arrested, in a civil lawsuit. JBDweebles signed his name stating these “facts” were true and is intentionally financially ruining a private citizen with legal fees …. over a Facebook comment as “evidence.”

This is sick. It’s scary to think the county you live in, lawfully, pay taxes to, is going sue you for a Facebook comment. Whoose next?

If only his phone didn’t get fat fingered. And now he’s fingering everyone else.

Jeff Bergosh said...

4:54 and 4:58--He is spamming my public facebook site with his garbage spin site soliciting donations to his legal defense fund. It is annoying but he can do it if he wants to. Meanwhile, he has a court date coming up, the first of several that will follow, and he'll have his opportunity, under deposition and under oath, to give an accounting of where he got the stolen county records, and to whom he has disseminated the records. He has publicly admitted to possessing them, apparently now he is walking those proud pronouncements back. Can't have it both ways though, and we'll get to the bottom of a lot of this starting on Feb 5th. Anon 10:31---Tallman is a fraud and in the tank for the Underhill/Owens ilk. For a guy who always proclaims his superior intellect, he (Andrew Tallman) sure is glib (intentionally) on this stolen files issue. He can be mad about whatever he wants, and what he thinks means nothing to me. He should, instead, take a minute to acquaint himeself with the facts of reality. 1. Jonathan was given the opportunity to publicly plead his case to us at the meeting. He sat in his seat like a wax statue and would not speak. 2. He has admitted possession of this stolen data file which contains the personal protected information on about a dozen individuals. Tallman should further acquaint himself with what Fl Stat 817.5685 says about this. I'll help him here. It stipulates that the unauthorized possession of personal identification information information on more than 5 individuals is a third degree felony. I know Jonathan admitted having the file, reading it all, maintaining possession of it, and also giving it to others unredacted. So he and all those who possess this unlawfully are in a spot of trouble. Maybe Jonathan gave Tallman a copy right after their little radio fun fest back in August--the podcast that has been mysteriously scrubbed from AM1620's site? Who knows, I know Tallman really was curious about it and what it contained. But we will find out once we get the depositions going. If Tallman has a copy, I will add him to the complaint, we will amend the complaint and add him. The only question at that point will be this: What is this dude's real legal name? Andrew Tallman or Andrew McKay, or maybe something else? Weird, but we will find out if it comes to that.

Old bull is walking down the mountain......

Anonymous said...

I apologize for the semi duplicate comment about the fraudulent Go Fund Me on your Government Page. I had a message the first one didn't go through, however I see it did. I guess I don't really care as a fool and his money both go separate ways.

Would just seem kinda in your face. Perhaps he is a bigger fool than first assumed.

He announced publicly he has the text messages. He can't walk that back, in his own words, screen shots don't lie. It's on file on the Escambia Clerk of Court Site.

OK. Will read the depositions starting. Feb 5. Thanks for the info.

He's the same one sneaking up behind people in Chambers taking photographs of peoples'phones and publishing their text messages on Facebook.

Iron Balls. Not a bad moniker actually.

I can't abide a criminal who causes problems then runs and cries victim. Just like his mentor Dildo Doug.

Perhaps he has to learn the hard way also. Basically if their lips are moving they are lying.

Anonymous said...

311...

A facebook comment?

A publicly issued statement. Admitting, in writing, to possessing stolen government documents.

Also fraudulently declaring otherwise and soliciting funds on the victim's professional public site. Then emailing and alerting the SAO he is doing that.

Pretty stupid. And a handful of gullible people believe *his spin spin spin.


You can't make this up.


Political Advertisement Paid For and Approved by Jeff Bergosh, Republican for Escambia Commission D1