St. Lucie Sheriff Ken Mascara cleared in criminal probe related to 2020 elections
ST. LUCIE COUNTY − Prosecutors found insufficient evidence to pursue criminal charges against Sheriff Ken Mascara related to allegations he and others broke the law in promoting a straw candidate in the 2020 primary and general elections for sheriff, state records show.
Rumors regarding the matter circulated publicly since at least early 2022, though it’s not immediately clear when the Florida Department of Law Enforcement began investigating.
The office of Phil Archer, state attorney for Brevard and Seminole counties in the 18th judicial circuit, was assigned to investigate following confidential executive orders from Gov. Ron DeSantis, records show. Archer’s office memorialized the conclusion to not file charges in a nine-page letter to an FDLE inspector.
State Attorney Tom Bakkedahl said his office, which covers St. Lucie, Martin, Indian River and Okeechobee counties in the 19th judicial circuit, in August 2021 asked DeSantis to issue an executive order to appoint an outside state attorney to look into the matter, to avoid a conflict of interest because he works closely with the St. Lucie County Sheriff's Office. Bakkedahl said he didn't know how FDLE first learned of the allegations. FDLE communications coordinator Dana Kelly said her agency received a complaint that began the investigation, but did not specify how or from whom.
The sheriff, first elected in 2000, was sworn in for his sixth term in 2021, which he has said would be his last. Mascara said earlier this week via text he didn't know about the investigation.
A Democrat, Mascara defeated Republican challenger Kevin Carter, a retired St. Lucie County sheriff’s deputy, in the 2020 election.
The criminal investigation appeared to center around Mascara and Carter, who defeated Richard Williams, a former Florida Highway Patrol trooper, in the Republican primary.
The letter states the FDLE investigation revealed “ … Mascara and others devised a plan in May 2020, to install a straw candidate to run against Williams in the Republican primary in the hope that Williams would lose the Republican nomination and be eliminated from running against Mascara in the general election.”
According to the letter, Carter made it clear he didn’t intend to campaign or win the election, and planned to be in Pennsylvania where he had a home for most of the campaign period. Still, he agreed.
His candidacy mainly was left to then sheriff’s Capt. William Hardman, who connected Carter with a campaign treasurer and worked to get campaign contributions, the letter states.
Hardman, hired in 1991, retired effective Dec. 31, 2020, during an inquiry related to "allegations of alleged sexual harassment," according to sheriff's general counsel J.D. Small. That date was less than two months after the election.
Gossip spread “that Carter had been installed as a straw candidate by Mascara and his supporters” to get Williams out, the letter states.
“That gossip led to those close to Mascara to share what they knew about the effort, including Hardman, who, after negotiating the offer of 'use immunity,' provided an interview … in which he detailed his role, and that of others, throughout Carter’s candidacy,” records show.
'Use immunity' means a sworn and compelled statement can’t be used against a person in a later prosecution, though charges can be filed if evidence against the person is found elsewhere.
Hardman supplied the blueprint for the FDLE inquiry.
The letter states Hardman “was essentially forced to retire” from the Sheriff’s Office because of “improper conduct discovered during the investigation of unrelated claims, a fact that will be cast as a motive for him to fabricate evidence impugning the reputation of his former employer.”
Additional information regarding the circumstances behind Hardman's departure from the agency were not immediately available.
Quick capture: Man suspected of robbing Port St. Lucie bank apprehended in Fort Pierce
More than 50-year-old homicide solved: 'When I opened the box ... it didn't take long,' detective says of solving 1969 St. Lucie County murder
Hardman alleged Mascara left $10,000 in Hardman’s office with an understanding he’d give portions to various people who would write contribution checks to Carter’s campaign.
But no witnesses, including the 11 people who allegedly got portions of the money, could give direct evidence supporting Hardman’s allegation that Mascara was the source.
Hardman also said he delivered $4,600 to Carter “at Mascara’s behest and in appreciation for Carter’s assistance during the election.”
Hardman said the money “was accumulated from the proceeds of checks that had been written by, and cashed against, the Carter campaign account and returned to either Hardman or Mascara.”
More than 40 witnesses were interviewed. Ultimately, the letter states, there was insufficient evidence to support violations of elections-related and other statutes. The FDLE also did not respond to the question of whether Mascara was interviewed.
A request earlier this week to the FDLE for more information about the case has not been fulfilled.
Todd Brown, of Archer’s office, said the criminal inquiry has ended.
His office declined further comment.
Will Greenlee is a breaking news reporter for TCPalm. Follow Will on Twitter @OffTheBeatTweet or reach him by phone at 772-267-7926. E-mail him at will.greenlee@tcpalm.com
This article originally appeared on Treasure Coast Newspapers: Criminal elections probe against Florida sheriff brings no charges
