Ex-St. Lucie Sheriff's response about the “ghost candidate” does not hold up

Lina Portman1 week ago

2 5 minutes read

Former St. Lucie County Sheriff Ken Mascara has finally broken his silence about his involvement in a “ghost candidate” case investigated by the Florida Department of Law Enforcement.

Unfortunately, what Mascara has said so far doesn't make much sense.

As TCPalm reported last week, Mascara signed a statement admitting he violated Sec. 112.313(6) of the Florida Statutes, by “using one's public position and/or resources to secure a special privilege, advantage and/or exemption.”

Specifically, Mascara had been accused of recruiting a candidate to run against a Republican opponent in the 2020 Republican primary who Mascara, a Democrat, did not want to face in the general election. Mascara signed a stipulated agreement in hopes of resolving a case pending before the Florida Ethics Commission.

In response to media coverage of the deal, Mascara posted a message on his Facebook page over the weekend, attempting to downplay the seriousness of what he had done and accusing the media of sensationalism.

Mascara's Facebook statement was quickly derailed

In his message, Mascara said he was “saddened” because he considered that his opponent in this 2020 race was not qualified. To remedy this situation, he asked another candidate to enter the race.

Let's stop and analyze this part of the statement first. His alleged motivation was that there weren't enough qualified candidates in the race? Since he was running for office, didn't he consider himself the most qualified candidate in the race?

If he did, why would he encourage anyone to run against him?

Mascara's statement on Facebook then accurately summarized what happened next. The FDLE conducted an investigation into his actions and those of others who supported the campaign of retired Congressman Kevin Carter.

Carter defeated Richard Williams, a retired Florida Highway Patrol officer, in the primary, then lost to Mascara in the general election.

Phil Archer, state attorney for Brevard and Seminole counties in the 18th Judicial Circuit, was assigned to review the evidence after Tom Bakkedahl, state attorney for St. Lucie, Martin, Indian River and Okeechobee in the 19th Judicial Circuit recused himself to avoid any appearance of conflict of interest.

As noted in Mascara's statement, Archer's team did not find enough evidence to file criminal charges. However, the FDLE presented its testimony to the Ethics Commission, which at a July 12 meeting found probable cause to pursue charges against Mascara.

Mascara, a veteran politician, says he doesn't know electoral law

Here's Mascara's description of what happened next:

“The Ethics Commission investigator informed me that encouraging anyone to run for public office within the confines of the Sheriff's Office or any other government office was a violation of the Code of Ethics for Public Officials .I immediately admitted that this was what I had done and that I had never been able to do it. I guess encouraging people to enter the democratic process was unethical.

“On June 20, 2024, I reached an agreement with the Ethics Commission that I had violated the Code of Ethics for Elected Officials.”

It's worth noting here that Mascara served as sheriff for nearly a quarter century, from 2001 until his abrupt resignation last December. Now he claims he didn't know he was violating a state ethics law?

How does this saying say? Ignorance of the law is no excuse.

Mascara also significantly underestimates his role in Carter's campaign. At least if we are to believe the FDLE investigators who spent months building a case against him.

According to the FDLE report, Mascara didn't just call Carter and say, “Hey, buddy. My duties as sheriff are not enough to keep me busy this summer. a little tougher on the campaign trail over the next two or three months? »

FDLE said Mascara was central to Carter campaign planning

Here are some of the key findings from the FDLE report summary:

Carter was not interested in becoming sheriff and spent much of the election season in Pennsylvania.
Sheriff's Capt. William Hardman, an ally of Mascara, put Carter in touch with a campaign treasurer and worked to secure campaign contributions. Hardman was a key figure in Carter's campaign with Mascara's endorsement and input.
An April 30, 2020 text message from Mascara told Hardman: “I'm going to beat him (presumably Williams) like a red haired stepson, but I just don't want to go!!!”
In a May 16, 2020 text, apparently commenting on Carter's suitability as a candidate, Mascara allegedly told Hardman: “Gez, this guy is a home run. He could beat ME.”
The two men discussed throwing a cell phone used for Carter's campaign into the ocean.
There is also mention of an incident in which a Carter volunteer coordinator allegedly received cash in a red Solo cup.

Keith Pearson, whom Gov. Ron DeSantis appointed acting sheriff after Mascara resigned, was also implicated in the FDLE investigation as the person who made and distributed Carter's campaign signs. In one example cited in the report, a sheriff's lieutenant spotted Mascara and Pearson in a yard at night where a Carter campaign sign was posted there.

If Mascara was convinced there was nothing wrong with what he did, why did he refuse to give a statement to FDLE investigators? Why did Adam Fetterman, former general counsel for the sheriff's office, repeatedly invoke the Fifth Amendment during his interview with the FDLE?

Signing the stipulated agreement was a way for Mascara to avoid a hearing in which the FDLE would have the opportunity to present its evidence in an open forum.

If the ethics commission accepts the agreement, which is to be discussed at its July 26 meeting, it could recommend a public reprimand and a $5,000 fine for Mascara.

The truth can still free Mascara

Making a deal is like accepting a plea bargain in a criminal case. This doesn't absolve Mascara of what he did; it would simply prevent the details of what happened from being made public.

I left voicemails for Mascara at the cell phone numbers I have for him, as well as added a comment on his Facebook post, asking him to contact me. He didn't respond to any of them.

Given the tone of his Facebook post, it seems unlikely that Mascara would be willing to be candid about the impact the FDLE investigation might have had on his decision to resign prematurely. Let alone the extent to which he, DeSantis and Pearson could have worked together to coordinate Pearson's nomination.

Again, it's never too late to make the right choice. People can be very forgiving towards public officials if they have the courage to admit the mistakes they have made.

Mascara did a lot of good during more than two decades as the county's top law enforcement officer. It would be a shame if all this work was overshadowed by the end of his career.

Let's hope that Mascara's next public statement, assuming there is one, will be more frank and less political.

This column reflects the opinion of Blake Fontenay. Contact him by email at [email protected] or 772-232-5424.

Mascara's Facebook statement was quickly derailed

Mascara, a veteran politician, says he doesn't know electoral law

FDLE said Mascara was central to Carter campaign planning

The truth can still free Mascara

Lina Portman

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