Officers tied to Marco Island sex on duty scandal may join decertification list

Devan Patel
Marco Eagle
An internal affairs investigation found that former Marco Island police sergeant Neil Giansanti had sex on duty on several occasions.

Officers tied to the Marco Island Police Department's sex on duty scandal could soon see their names added to the list of more than 8,300 law enforcement or corrections officers in the state of Florida who have voluntarily relinquished their certification or had their credentials revoked by the Florida Department of Law Enforcement.

Last year, FDLE launched its own investigations into former Sgts. James Inlow and Neil Giansanti, who resigned their posts prior to the conclusion of an internal affairs investigation, and found probable cause both men had engaged in sex on duty.

FDLE public information officer Jessica Cary said the Criminal Justice Standards and Training Commission had not yet sent out a final order on Inlow after he was given an informal hearing at this month's commission meeting in Jupiter. Cary said the decision was expected to be released any time within the next few days.

More:Investigation finds two former Marco Island cops were having sex while on duty

Giansanti was listed under officer discipline portion of this month's agenda as an officer who had relinquished his certification.

Florida Statutes grant the commission power to suspend or revoke Inlow's credentials should it find that he had sex while on duty.

Marco Island Police Department Sgt. James Inlow

Inlow came under investigation early last year after the father of a Marco Island woman came forward with evidence that alleged Inlow had sexted while on duty and solicited Adderall.

As part of the investigation, the Collier County Sheriff's Office was called in to perform a forensic download of the woman's cellphone and computer, where it was determined that other officers had also been involved with the woman while on duty.

More:Terminated Marco Island police officer accused of having sex on duty

The Marco Island Police Department then launched investigations into Giansanti and Officer Kevin Hennings for the same offense.

Among the evidence collected on Giansanti was a 45-second video clip of him putting his uniform back on outside his police vehicle. The video also captures the woman sliding her hand through his unzipped pants.

Cross-referencing timestamps and the GPS location from the vehicle to Giansanti's shift reports, investigators were able to prove the act occurred while on duty.

In an interview with investigators, the woman estimated the two had engaged in sex while Giansanti was on duty about 20 times.

While Giansanti resigned while under investigation, Hennings remained on paid administrative leave for nearly five months until the department found the allegations to be true and terminated his employment.

An FDLE complaint into Hennings remains open as he is currently going through arbitration in an attempt to regain his employment. Hennings has denied the allegations against him.

More:Tarnished Brass: 186 SWFL officers lose badges because of misdeeds

Should FDLE revoke Inlow's certification, he would be added to a list of at least 186 law enforcement officers in Southwest Florida that have either had their certification revoked or voluntarily relinquished according to a database created as part of a USA TODAY investigation.

The list of decertified law enforcement and corrections officers come from sheriff's offices in Lee, Collier and Hendry counties, and police departments in Naples, Fort Myers, Sanibel and Cape Coral. Some worked for the Hendry Correctional Institution, which closed in 2012, and the Lee County Port Authority Police Department, which had one person dismissed, in 1999.

A USA Today investigation found that at least 85,000 law enforcement officers have been investigated or disciplined for misconduct over the past decade.

Additional reporting by Stacey Henson.