Lies in the probable cause affidavit used to illegally obtain the arrest warrant

• Adam Costello hit Adam King
  • The FDLE paint match experts the state hired claim otherwise. They, and their lab results, make it clear that the two vehicles never touched.
  • The eye witness reports prove that King and Costello never touched. They report King hitting a Dodge 1500 or 2500 with a camper top, nothing like Costello’s vehicle.
• Adam Costello killed Adam King
  • The Medical Examiner states King was killed by “blunt force trauma” from the tree he hit when he was trying to flee the scene of the accident he and his friends caused
  • Since the FDLE proved the vehicles never touched, this would be impossible
  • Costello did not have a spare palm tree that he hit King with
  • King hit the palm tree while fleeing the accident he and his pack of racing bikes caused
• Adam Costello tampered with evidence
  • There was no evidence to tamper with
    • FMPD claims there were no cameras near the scene
    • The camera they refer to was 5 miles away on a dead end road
    • FMPD never asked for the camera or DVR, ever. They served a search warrant for the DVR, after it would have looped over itself about three times, erasing all prior footage.
    • To date neither FMPD or any other agency has ever asked anyone in the neighborhood if they saw the truck they described in the neighborhood. They have also never asked any of the neighbors for their footage from their security cameras, including the one with the camera pointed right at the house FMPD claimed was so important to their investigation. A claim that was not made until months later
    • Their is no information at all that the Dodge Ram 1500 with the camper top ever went into that neighborhood, let alone went through there after the motorcycles fled the accident they caused

Lies by Omission

By definition “Lying by omission is the deliberate act of leaving out important details so the truth is skewed or misrepresented. It’s the counterpart of lying by commission, or using false direct statements.”

https://psychcentral.com/health/lying-by-omission

Breneman repeatedly lies in the affidavit, which she presented as a sworn statement

• For example, she changes the sworn testimony to the judge from a Dodge Ram 1500 with a camper top to a “white truck” so she can pretend that the truck the eye witnesses saw was actually Costello’s truck. Originally Breneman tried to get the eye witnesses say that it was a white jeep she found in a drug store parking lot.
• This is typical throughout the report. Breneman makes up a story and then attempts to force the facts to fit her story. When the facts show her story is completely false, she gets belligerent and violent, like she did with the owner of the house on Dabney Street.

Breneman claims that Costello’s truck had “blue paint transfer on the
driver’s side.” However, the FDLE paint transfer lab report clearly stated that there was NO blue paint transferred from the motorcycle to Costello’s Tundra. In fact, there was grey plastic transferred from the vehicle that King hit, back to King’s motorcycle. There is no such plastic on Costello’s model of Tundra, anywhere.

Breneman claims that her main character witness stated that he grew up with Costello and the owner of the house on Dabney Street. The problem with her statement is that the owner of the house on Dabney Street did not grow up in Florida.

Breneman then claims that there was a post that Costello and the owner were “drinking beer” which she later claimed was at a bar. The post clearly states the two were “eating” and it is obvious they were at a restaurant, not at a bar.

Breneman states that “Costello had “deleted his Facebook page.” Costello’s Facebook page had never been deleted. In fact, it is still up today.

Breneman claims Costello is a “heavy alcohol drinker.” I am not sure what “heavy alcohol” is. However, when Costello drinks, his friends know he only drinks light beer. To prove this is another lie, we would have to confirm what Breneman means by “heavy alcohol.”

Breneman once again claims the Facebook post states that Costello was “drinking beer” when it clearly states they were “eating.”

Breneman refers to a “blue paint transfer scratch in the door.” The FDLE stated there was no blue paint transferred to the Tundra. Hence, there was no contact between the Tundra and the motorcycle King was so recklessly riding.

Breneman mentions Heather Henry. She fails to mention that Heather’s boss is the aunt of King, the Habitual Offender. She also fails to mention that during her sworn testimony that Henry states that Breneman fed her false information to repeat during the sworn statement. When Breneman is obviously frightened by the statement, Henry then changes her testimony stating that King’s aunt provided the false information to repeat in the sworn statement. It is believed that Breneman attempted to push this false information into the statement so she could provide the information to reporter Dave Elias. Dave Elias repeated this same information on Waterman Broadcasting shortly thereafter.

Breneman claims that White states that the owner of the house on Dabney Street was drinking alcohol. What White actually states in her sworn statement is that the owner of the house was drinking water, and normally drinks water at events.

Breneman states that when she met with the owner of the house of Dabney Street, that he “was free to leave.” What actually happened is that the owner tried to leave a number of times and that Breneman physically kept him from leaving, grabbing his hand at one point and becoming violent. At this point the owner of the house and his attorney added to the Internal Affairs Complaint previously filed against Breneman. The complaint was filed with Mayor Randy Henderson through the city’s complaint system for FMPD. The complaint filed with Mayor Henderson has number W002284-071216

Breneman is aware or should be that those older style typical recording equipment ran one to seven days. We have proof that from the manufacturer Breneman had the information that the unit had a 500Gb drive in it. She also had the number of cameras around the house. With a quick calculation provided to her by the manufacturer, she would have quickly determined that on its longest possible recording setting, the unit would record for less than 8 days before re-recording over the hard drive, wiping out the prior information. Additionally, she had the information from a warranty complaint from the homeowner nearly two years prior that the unit would no longer record. The owner even stated in the warranty chat that there were two witnesses (a neighbor and her friend) who verified that the unit was no longer able to record. That happened almost two years prior to the accident. Neighbors confirmed that in just months prior to the accident, he asked neighbors for advice on a new unit as his was no longer working. Instead Breneman lied in the affidavit in order to obtain a search warrant stating the “the recordings captured are typically maintained for a period of 30 days or more.” She made the false time frame just long enough to validate the need for the false warrant, and to pretend that she actually wanted or needed the item for the investigation, even though there would be no evidence had the machine even worked. Also, it seems that Breneman may have teamed up with the eye witnesses father, a traffic homicide investigator and recent colleague of Breneman, to convince him to tamper with the witness – convince the witness to lie when asked. This deputy, when confronted, admitted to the homeowner that he told his daughter to lie as he “did not want her involved.”

Despite the fact that the owner of the house on Dabney Street paid for most of Levin’s defense, Breneman and the ASA agreed to drop Levin’s charges from three felonies to two misdemeanors in exchange for the testimony. However, Breneman makes the false statement in her sworn testimony that Levin “was not promised anything or coerced in any way from Officer Breneman or the State Attorney’s Office in return for him giving the interview”

Breneman served a search warrant to the Dabney Street Owner’s house. The owner’s attorney, Spencer Cordell, knew Breneman, personally, and called her on her cell phone. Breneman falsely claims she called Cordell. After Cordell informed the homeowner he was almost to the house, Breneman agreed to wait until Cordell arrived, so Cordell could open the door. Breneman appears to be repeatedly turning her body camera off as she speaks to Cordell. The conversation does not appear to be on the video footage. Breneman claims she walked to the back of the house to look through another window. However, Breneman did not want the body cameras of the other officers to catch her speaking with Cordell agreeing to wait for him, or to see her repeatedly turn off and on her body camera. The owner of the house is on the phone with his attorney, Cordell, who instructed him to wait inside the house until he arrives and that Breneman has agreed to wait. Breneman realizing this will not fit with her false narrative, asks the LCSO to force the door open. The owner, who is on the other side of the glass door, hearing this statement from Breneman, immediately opens the door and lets the officers in.

As the search has not reached the news media, Breneman intentionally drags out the search for hours, to make sure she stays long enough to speak to the cameras.

Although the warrant clearly does not cover anything other than recording devices, Breneman makes a point of going through the homeowner’s safe, his papers, tax returns, and other private documents, making a point of getting them all on camera so she can release them to her reporter co-conspirator, later. This was another form of bullying by Breneman.

Breneman tells the homeowner he must wait outside to begin with, and then in the living room and cannot move. Meanwhile she goes out and tells a number of reporters that she had to break into the house and found the homeowner hiding in a closet. With one station she went so far as to say she had to get a SWAT team to break in the door. The homeowner complained to his attorney, who finally let him outside to see what was going on. By the time they spoke with the media, they were already running this false narrative Breneman had pushed out there. Cordell quickly corrected the false story. However, since they had already pushed this story out there, they refused to correct the false information.

Breneman and her friends at the LCSO actually took anything they could, including items not in the warrant. They took the homeowner’s backup cell phone that he took video of them lying, at his attorneys insistence. The one thing they did not take was the only video recording device in the house. She noted in the probable cause affidavit that she saw it and did not take it. Clearly there was no real search. The warrant was designed to plant a false story on the news, and to bully and harass the homeowner.

Breneman then makes a statement that FDLE communications expert Kelly Andriano was able to track the path of Costello and his truck to the accident. However, Andriano clearly states in her deposition that there is no way that she can track the path of a vehicle. Breneman lied, again, under oath.

Breneman states “Officer Breneman observed that Costello’s Facebook page response for June 17-23, 2016 contained no friends list, no IP addresses, no status updates, no photos, no videos, no wall posts, no shares, no minifeeds, no unified messages, no groups, no events, no phone numbers” However, Costello’s page DID have plenty of posts and friends. He had a number of conversations. You can see for yourself as his page is still up. This is either a false statement by Breneman or she is so incompetent that she made a request of Facebook for the wrong page!

Breneman claims that the homeowner completely deleted a post and Facebook has no record of it. Facebook doesn’t delete anything. It tracks changes and keeps the information for years. What she is claiming isn’t even possible. So, either she is so incompetent she requested the information incorrectly, or she is lying yet again, trying to make innocent people look guilty for something.

Breneman mentions serving a search warrant on Costello for phones. What she leaves out of her report is that she was Costello’s attorney’s office, Scott Moorey, to serve the warrants. Instead she illegally waits until Costello leaves and is without counsel, so she can bully him. Breneman takes off out of the parking lot, hitting another vehicle and fleeing the scene. She causes the same hit-and-run that she falsely accuses Costello of, and then runs him down to bully him. She illegally forces Costello into the back of her vehicle so she can call the Habitual Offender’s mother and tell her that she has falsely claim that she has “her son’s killer in the back seat” She wanted to cause Costello more trauma and appear to be a hero, when she hadn’t done her job actually investigating. She didn’t go after the pack of racing bikes that caused the accident and fled the scene, or the Dodge Ram 1500 with the topper they terrorized prior to fleeing. She made up a fake story and went after an innocent person. It also appears that she stole items from Costello’s vehicle that were not on the search warrant.

Breneman repeatedly states in her sworn probable cause affidavit that people including the homeowner stated that Costello claimed he “came home that night to a crashed truck” That statement was never made by the homeowner, and I expect it wasn’t made by anyone else, either. Breneman made that statement up, like much of the rest of her probable cause affidavit.

A quick comparison of character

Adam King

• Arrested four times for reckless riding
• Juvenille record
• License suspended
• Frequently rode at well over 100 mph through residential neighborhoods and through elementary school zones
• Would frequently meet up with packs of racing bikes to illegally and very dangerously ride through the county at speeds between 100 and 200 mph in residential areas

Jay Rodriguez

• Arrested for fabricating evidence
• Arrested for framing innocent people (reporting false crimes)
• Arrested for lying under oath
• Arrested for officer misconduct

Lisa Breneman

• Her own police union is trying to get rid of her for lying about and mishandling cases
• Repeatedly lied under oath in the probable cause affidavit with Adam Costello
• Repeatedly lied under oath in the probable cause affidavit for the owner of the house
• Expected that she lied in a number of other cases, as well
• Attempted to bully an FDLE into fabricating evidence against an innocent man

Breneman’s Main Character Witness for Costello

• Arrested for drug dealing and drug smuggling
• Repeatedly arrested since a teenager for violence, particularly toward women
• Arrested in Key West for DUI fleeing from an accident he caused. Apparently bought his way out.
• Known for drugging and raping women
• Known for breaking and entering and theft
• Known for unlicensed contracting
• Known for contractor fraud

Adam Costello

• Never been arrested
• Successful business man
• Financial planner
• Accounting degree
• Small business owner providing jobs and affordable housing for the community

Did you know that both of the arresting officers have problems?

It was always odd that the Public Information Officer (PIO), the face of the Fort Myers Police Department (FMPD) was the one arresting Adam Costello for a traffic accident. Why would such a high profile, highly political person be the arresting officer for essentially a traffic ticket.

Once we learned a bit about these people, we started to understand why.

The arresting officers were Jay Rodriguez, and Lesa Breneman.

The year after Adam’s charges came to a head, Jay Rodriguez was arrested for fabricating evidence, making up crimes (framing people), lying under oath and some other charges

https://www.news-press.com/story/news/crime/2020/02/27/allegations-against-ex-fmpd-captain-jay-rodriguez-were-transferred-sarasota-circuit/4872249002/

The interesting part is that he was charged with falsely reporting a crime and fabricating evidence!

https://winknews.com/2020/02/27/state-attorney-investigates-new-charges-in-case-of-former-fmpd-captain

The other arresting officer was Lesa Breneman. Breneman was most noted for attempting to incite violence against Adam Costello and the owner of the house on Dabney Street through encouraging the creation of hate groups on Facebook that would post the addresses of Costello and the house on Dabney Street and encourage people to gather there to commit violence against the victims.

Breneman is even despised by the police union. They want her out.

https://winknews.com/2023/07/10/fmpd-police-union-calling-for-internal-affairs-change

FMPD is known to be extremely corrupt. So much so that the city itself hired an outside organization, the Freeh Group, to look into the corruption there.

Here is there report

What is this charge about? Good question.

The tampering with evidence charge against Adam Costello has long confused many people. The first assumption was that the pack of motorcycles and the Dodge Ram 1500 with the Camper Top identified by witnesses and others passed by the house on Dabney Street where the DVR was.

Dabney is a dead end street, particularly on the 6840 end. So, they didn’t ride past the house.

The second assumption was that the pack of motorcycles or the Dodge Ram 1500 with the Camper Top left from there.

Wrong again. The pack of crotch rockets assembled at Dick Sporting Goods on US41, about 5 hours after Dick’s closed. This spot is popular spot for packs of crotch rockets to gather before they tear up and down Colonial Avenue at speeds ranging from 120 mph to 200 mph.

The Dodge Ram 1500 with the Camper Top was not spotted near Dabney Street, so that is confusing.

Adam Costello was reported to be at the house with the DVR approximately 10 hours prior to the accident. He went to lunch with the owner of the house. There was a post confirming they were eating lunch at a restaurant. However, there are some issues with that theory:

1. Costello was not involved in the accident with the motorcycles that were involved the Dodge Ram 1500 with the Camper Top
2. FMPD did not ask any of the neighbors if they saw the motorcycles or any of the trucks on Dabney, nor did they ask the owner of the house
3. One of the neighbors had at least one camera on their system pointing directly at the house FMPD claimed the DVR came from. That neighbor confirmed to private investigators, and to the owner of the house in question, that no one from FMPD or any other agency ever asked for footage.
4. FMPD have proof from the manufacturer that the DVR had not been able to record for at least two years prior to the date of the accident, and it was known that the owner of the house was shopping to replace the DVR prior to the accident, for this reason.
5. Even when on the most conservative setting, running for the longest time possible, the DVR would run for between 7 and 8 days, writing over itself. It wasn’t until nearly 30 days after the accident that FMPD served a search warrant for “devices that record” at that address. They never actually asked the owner of the house for the DVR. When they served the warrant, as the attorney for the owner of the house confirmed on camera, the owner of the house fully cooperated with FMPD and let them into the house. The officer lied to reporters and lied in a sworn statement to the judge, the probable cause affidavit, about the search warrant and about the DVR
6. There were eye two witnesses to the fact that the DVR could not record. One of witnesses is a daughter of a police officer that used to work in traffic homicide along side the investigators for this case. That police officer admitted to tampering with at least one witness.
7. The DVR had nothing to do with the accident. One cannot tamper with “evidence” that does not exist.

So, we are as confused as you are. What evidence was there that could have been tampered with?

This leads to other questions:

1. Where is the footage from stores along the route of the accident?
2. Where are the GPS units and data from the motorcycles involved in the accidents?
3. Where is the accident reconstruction, at all?
4. Why were FMPD investigators spreading rumors through the media that the owner of the house was driving the truck involved in the accidents, when
   • They knew the owner of the house was 5 miles away sitting on the couch in his house
   • The owner never met either any of the members of the motorcycle pack involved in the accident OR anyone in the truck that the motorcycles made contact with during the accidents
5. How many accidents were there?
   • The initial motorcycle striking the Dodge Ram 1500 with the Camper Top
   • The initial motorcycle striking the sign post, while attempting to flee the scene of the first accident
   • The rider of the motorcycle striking the palm tree creating the third accident scene
   • The other motorcycles fleeing the scene and what they hit, including the ones that returned later
   • The Dodge Ram 1500 with the Camper Top striking other vehicles while fleeing the first accident scene, creating fourth and more accident scenes.
     • How many vehicles did s/he strike?
     • Did he strike a Toyota Tundra?
     • Did he strike any of the other members of the pack of motorcycles?

What is really interesting is that the Tampering charge originally requested from one of the investigators was relating to a Facebook account. The officer claimed that Costello deleted his Facebook page. She wanted to charge him with Tampering with Evidence for doing so. A few problems with that:

1. Costello never deleted his Facebook page. In fact, the page is still up. You can find the page here
2. Facebook doesn’t delete anything, they just hide it. You can go back years later and subpoena information. It is all stored, whether you can see it, or not. Any investigator should know this.
3. The State Attorney’s Office told the officer to pound sand when she originally submitted the request for the charge, hence part of the reason for the DVR circus.

State’s FDLE Paint Match Experts

In a number of documents from the investigating officers and the state, the state made a number of about Adam Costello, his vehicle, and the accident they claimed he was involved with. 

One such claim was that Costello’s truck collided with Adam King’s motorcycle.  Breneman claimed the Florida Department of Law Enforcement (FDLE) proved that the vehicles collided, based on paint transfer between the vehicles. 

In this deposition from the State’s expert witness, FDLE Paint Match Expert Laura Marano, you can clearly see there was NEVER any paint transfer between Costello’s vehicle and King’s motorcycle.  See the deposition here:

What is means is that King’s motorcycle never collided with Costello’s truck. 

The State’s second expert witness, FDLE Paint Match Expert Marta Stawser, also conclusively found there was NEVER any paint transfer between the vehicles.   See the deposition here. 

Keep in mind, the judge relied on this fictitious paint match to allow this case to continue, and even to fight the appeal that was subsequently won in the 2nd DCA by Adam Costello and his attorney.

What is also interesting, is that LM found smeared grey plastic that could not have come from Costello’s truck.  King’s motorcycle clearly struck a different vehicle.