001-2010 Mr. Chodkiewicz AKA The CountE
OFFICE OF THE CITY MANAGER
TO: Jerry Libbin, Commissioner
MEMORANDUM
~0~-2~~~
FROM: Jorge M. Gonzalez, City Manager
DATE: January 8, 2010
SUBJECT: Mr. Chodkiewicz AKA "The Count"
Pursuant to your request for documents regarding Mr. Chodkiewicz (AKA "The Count"),
attached are relevant police reports and documents.
I hope this satisfies your inquiry; should you wish to discuss further please contact me.
JMG/pw
C: Mayor and City Commission
Carlos Noriega, Chief of Police
Attachments
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We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
Page 2 of 2
1100 Washington Avenue, Miami Beach, FL 33139
Tel: 305-673-7925 I Fax: 305-673-7065 / www,,mia. mib. e.a..chfl.g.oy
We are committed to providing excellent putrlic service and safety to atl who five, work and play in our vitrrant, tropical, historic community.
From: Libbin, Jerry
Sent: Wednesday, January 06, 2010 1:50 PM
To: Gonzalez, Jorge
Cc: Mayor's Office; Noriega, Carlos; Smith, Jose
Subject:
Dear Jorge,
I have had a discussion with you on several occasions about what I believe to be a ridiculous situation that still
exists after several years for no apparent reason with respect to Mr. Chodkiewicz, AKA the Count. I am
requesting a copy of all files relating to the 2 trespassing orders issued on this individual, one in March and the
other I believe in August of 2005. I believe that as a public institution, and one that prides itself on open
government that solicits input from the public that it is bad form for us to continue to bar an individual from City
Hall unless there is a significant reason to do so.
Since I am unaware of the circumstances surrounding this issue, I am certainly not passing judgment, however I
would like to see for myself what the file says occurred and then determine whether or not this situation has
changed and no longer merits this course of action.
I would appreciate it if I could receive this information within the next week or so.
Thanks,
Jerry Libbin
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CRIMINAt_ INVESTIGATIONS UNIT
SUPPLEMENTAL. REPORT
AGENCY ORI NUMBER: AGENCY NAME; CASE NUMBER:
FLO 130700 MlAMi BEACH POLICE t?EPARTMENT 2005-26531
CASE REFERENCE: Trespass After WarningC1700 Convention
{C7FFENS~/ADC3RESS} Center Drive
CASE ,STATUS:;
~
"' ; . ~Lt~SEt~ TYPE:. ~ NUMBER "
1. open x. Closed = .
:1, Arrest, 2. ~xceptionat . ~. unfaundact ~ ~. watzan# ~.1naCtiv~
^ ~ "~ ' ARRESTED: ~"
A -ADULT. d- JUVENIt.E 0
RELATED REPORT CASE # 05-$$48
MATE ASSIGNED: 07-1$-2006 DATE CI.EARE : 00-00~-.2006 DATE SUB i1tIIT7`ED: 07-19-2005
LEAD DETECTIVE: [3. Morgalo td #: 675 UNIT #: 3'1.13
I3ETECTNE I2EPORTIN[G: D. Morgato ~~ ID #: fi75 UNIT #: 3113
SUPERVISOR REVIEWING: J, Yer ID #: 163 UNIT #: 3110
0711 :.
At approximately 1130 hours, I was advised by my supertrisor Sergeant Yera to respond to Miami.
Beach City gall and meet with Mayor Dermer in referents to an ongamg problem. 1 responded #o
City Hall and met with. Mayor Dermer at approximately 120f? hours, Mayor 13ermer relayed #o me
several incidents of erratic and sometimes threatening behavior that had been exhibited towards city
emplt~yees, visitors and city officials by an individual known as, `The Count." Mayor Qermer provided
me with copies of letters from members of the business community who have had encounters with
`The Count" dating back to January of 1999. The facts in those incidents will be addressed in detail
later in Phis report.
Additionally, Mayor Derrner advised' me there are numerous city employees vrho are terrified of this
subject based on his previous behavior at Miami Beach City Hall. These employees are so afraid of
this individual that they requested not to be named in ~r,y police reports for fear of retaliation agains#
them by `The Count." Mayor Dermer relayed the details of an incident in which "The Count" entered
the front lobby of the Mayor's Office,. approached the receptionist's desk, and proceeded to lick the
caunter.;tap~ith his- tongue. Mayer Laermer advised that he believes this subject may present a
credibl~~thrt toward the safety of employees, visitors and city officials at City Halt. This subject has
recently bee» sending harassing email to Miami Beach Commissioner Smith's family as well as
directing erns containing racial slurs towards Ms. Nichole, White, a reporter with the Miami Herald.
~-
The most recent incident involving this subject occurred on Friday July 15, 2005, involving a
threatening ~t made toward Mr. A.C. Weinstein, a repor#er with the Sunpost. During said incident,
the subject plently swung the glass. entry door to the Mayor's Office., on the fourth floor of City Hatt,
at Mr. Weinstein, who had to struggle to hold the door to.prevent it from hitting him in the face.
The fallowing is a synopsis of the written documentation. provided by Mayor Dermer:
1. January 27,999$: Mt. Ric 14atz drafted a letter directed to then Police Chief
Richard Barreto in which he detailed an inciden# with "The Count" that occurred in
the lobby area of the Mayor's Offrce in which .this subject became extremely
aggressive and on the verge of physical violence toward Mr. Katz, who was
attending an official meeting at the time. The subject verbally lashed out at Mr. Katz,
calling him the, "fat faggot from Miamil" Mr. Katz went an to state that this was the
F:U'UC,IICRIIN~a C1D109. HOMiCIUEVvtnrgatol2U05 Caseskl5•Z5531 AP.$105-2 65 3 1.doc Page 1 of 2
OS-2653I
third incident in which this subject showed physical hostility toward him. Mr. Katz
stated that he has felt as i# the subject was attempting to intimidate him with his
actions.
2. March 11, 1999: A hand written letter from the subject directed at a "Mr. Waseistein"
was written on City Manager Pedrosa's city stationary. This letter was apparently
signed by the subject.
3. January 6, 24tl0: An email from Mr. Ric Katz detailing an incident in which the
subject barged through the glass doors to the lobby of the Mayor's U#fice and
aggressively told Mr. Katz that he needed to sign the lobbyist sign-in book, Mr. Katz
stated that he felt intimidated by the subject's conduct and he felt :that "The Count"
was. on the verge of physical violence.
4. March '15, 2{3Q~2: A Metter from Ms. Claire Tomlin addressed to City Manager
Gonzalez detailing the fact that she had been verbally and nearly physically attacked
by an individual known as `The Count."
Additionally, Mayor' Demter advised that the subject may have a previous history of violence
stemming from an incident in which he allegedly slapped an efdedy lady in the face during a
political meeting at the A~lc Hennas Club in New York.
Based on alt these incidents, Mayor Dermer requested that "The ~ourtY' be issued a trespass
warning from Miami Beach City Halt.
I spoke to Mr. Weinstein at appm~mately 1604 hours and confirmed the a#oremer~tioned facts with
regard to the incident on July 15, 2005. Mr. Weinstein advised rite he was writing an. article about the.
incident in his column this week and he was still decidfig i# he wanted to report the incident to the
Miami Beach Police #c~r investigation. At approximately 1630 flours, Mr. Weinstein provided me with a
photograp~~rf `?he Count:"
Subje: ~ t,ew F. ~i~ud~ikiewicz DUB (U81t8f1945
X139 Espanola Way
Miami Beach, Fl_. 33139
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The investigation continues.....
AKA: Lew Chudson
Lee- Francis Chudsen
L. F. Chttdzikiewicz
"The Count"
F:\POLIICRIMlQCiUl09. HOMICIDB1Margato5~OD5 CascsW5-26531 A.P.fi10 5-2 6 53 1.doc Yage 2 of 2
va-co~~l
CRIMINAL INVESTIGATIONS UN17
SUPPLEMENTAL. REPORT
AGENCY OR! NUMBER: AGENCY NAME: CASE NUMBER:
FL4 130700 MlAM! BEACH POLICE DEPARTMENT 2005-26531
CASE REFERENCE: Trespass Warning! 1700 Convention Center
{O~FEN~EIADDRESS) Dr. Cit Hall
CASE STATUS: ~ ~ CLC?SEt3 TYPE; , - ~ NUMBER .:
4. Upen 2. Closed
.
i. Arrask 2 ~cceptiaaat 3, tlrriounded 4, warrant ~ 5. inactive
,
ARRESTED; Ct
~ -ADULT. ~~ Jl7VENl~E p, RELATED ~REPt}RT CASE # 05-275$4
MATE ASSIGNEt3: 07-18-2005 DATE Ct-EARED: 0726-2005 DATE SUB MITTED: 07-27-2005
LEAD DETECTIVE; D. Morgaio ICI #; 675 UNIT #: 3113
DETECTIVE REPORTING: D. Morgalo iD #; 675 UNIT #: 3113
SUPERVISOR REVIEWING: J. Yer !D #: 163 UNIT #;
311iJ
F t ~
Q7t'f 9120tta
uppl+~men#a1 Report #2
At approximately 1400 Fours, Detective Ramos and !responded to the business located at 439
Espanola Way and met with the owner, Mrs. Francine Needleman. This is the last known address I
have for 'The Count" and the .address he utilized in the trespass warning he was issued in March of
2005. Mrs. Needleman. advised us #hat if'The Count'" was not at C'sty Hall, he would be somewhere
in the City of Hollywood. Mrs. Needleman did. confirm that "The Count" stays irs the rear of her store
from time to time; however,. she was unable to advise us when he was going to return. I provided
Mrs. Needleman with my business card and asked her ~ rx~ritact me where "The Count" returns to her
stare, She has not. contacted me ttr date.
i have stilt been unsuccessful in obtaining. a.viable photograph of this subject as he does not have a
1=lorida. Criver's License and no Criminal History under any of the multiple At~CA's he has utilized in his
lif~atime_
The !only ~#o I do have of this individual was provided by Mr. A.C. Weinstein, however, the subject
is depictedwith several ether people in the photo ~rtd' he is in the process of eating a bagel.
I made intact with Ms. Nicole White of The Miami Iieralcl with regard to harassing email she had
receivedom "The Count" in which he utilized racial slurs toward her, Ms, White advised me she had
to constt#t with The Herald attorneys prior to providing me with any infom~ation about her encounters
with this subject. Ms. White has not called me back since.
1 also met with Miami-Dade State Attorney investigator Dominguez, who had previously investigated:
"The Count" in 2001. l obtained copies of documents Pram his case file, many of which were the
same as documents l was provided by Mayor Dermer. Investigator Dominguez advised me that he
was unable to locate any information with regard to "The Count's" criminal history or driver's license
information.
Although the mayor highlighted the tear that numerous city emptoyees and officials have with regard
to "The Count," l have been unable to find one individual, who has had an incident with "The
Count," that could be investigated as a criminal offense, who was willing to initiate a criminal
proceeding as the victim of a crime.
F:1t'OLC1CRIh11QCID1U9, HOMICIDE\Mt~rgeto12005 Cases105-26531 A.P:E1p5.2653t Sapp 2.da Paga 1 of 2
05-26531
07!2912005
Mr. Weinstein's article with regard to his incident with the subject was published in the Miami Sunpost
Newspaper. Mr. Weinstein's article is contained in this case file.
07126/2005
At approximately 1600 hours, Qetective Ramos and i responded to 439 Espanola Way and attempted
to locate the subject again. The subject was not in the area so we again spoke to Mrs. Needleman
who advised she had not seen. the subject in: several days.
Upon returning to the police station, !met with Sergeant Kluger, who frequency patrols the Espanola
Way area and asked if he csauld issue a trespass warning to the subject st he happened to frnd him in
the area.
At approximately 1630 hours; was contacted by Assistant Chief Martinez, whoa advised me that the
subject had just called him and he advised him that he needed to speak to me for details. as to why he
was not allowed at Miami beach City F°lall. The subject provided a telephone number of (305} 538-
9400 and advised he would kse welting for my call between the hours of- 0900 and 1:100 hours on
0712712005. I crass-referenced the telephone number for an address and found the address to be
429 Espanola Way.
At approximately 1830 hours, 1 was txantacted by Sergeant Kluger, who advised me that he had
located Mr. Tree Chudson, AKA ~T'he Count" at 439 Espanola Way. Sergeant i<luger issued a
trespass warning tv the subject admonishing him not to return to Miami Beach City Hall. Sergeant
Kluger documented the trespass warning on a Miscellaneous Incident Report under Miami Beach
Police Case Number 06-27584.
07/27f2005
At approxima#ely 0930 hours. I +called the subject at the telephone number he provided and received
no answer:- i left a detailed voicemait r€iessage and have not received a response, l responded to
439 Espa-~la Way and found ttse business was closed and na one responded to the door.
:..:.
I issued Mimi Beach Police Department Flyer Number 05 220 advising any unit coming into contact
with Mc. ~ Chudson; Rt~A 't'he Count" Lew Chudzikiewicz, at Miami Beach City Hatl could take
appropriate action for trespass after warning.
This case is CLOSED with a dispc>sitian of tNACTfVE.
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NARRATIVE CONTINUATION