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Family Of Ft. Lauderdale Man Fights To Clear His Name After Altercation With Police

FORT LAUDERDALE (CBSMiami) - The family of a Fort Lauderdale man who accused police of beating him during an arrest is still fighting to clear the man's name.

The family of Kenneth Post took their case to a Citizens Police Review Board Monday, asking that they demand greater scrutiny of the police department Internal Affairs investigation. The review board said they had already signed off on the IA report in a earlier meeting, and through a police clerical error, failed to notify Post of the hearing.

"You were misinformed and that's illegal," said Post's mother, Marian Post.

Kenneth Post
Kenneth Post in court on Monday, Feb. 11, 2013. (Source: CBS4)

However, Post's family did have an opportunity to speak their minds about the case. It began in 2009 with a burglary of alcohol from a Fort Lauderdale hotel. Police say surveillance video shows Post backing into a security golf cart after stealing liquor from the Hilton Fort Lauderdale Marina on 17th Street. Investigators say Post then led police on a chase. Post's mugshot shows his injuries after his arrest and his family believes the officers beat him.

"Officer Michael Florenco -- according to the records -- came into that car and hit him on the head with his baton and continued to hit him until the officer came and pulled him out and stomped and kicked on him until he was unconscious," Janet Kelly, Post's sister, told the board.

The officers -- Detective Matthew Moceri and Geoffrey Shafer along with Sgt. Florenco -- claimed that Post rammed their car even though Post's family claims that a picture taken right after the incident showed no damage on the front of Post's car. The officers vehicle was smashed up and they were accused of concocting a story about the accident. All three eventually faced criminal charges. The trio was acquitted but Post's family told a citizens police review board Monday that the Internal Affairs investigation did not answer all their questions.

"My brother -- and people have said it -- he's a habitual offender," said Kelly. "He's a nobody concerned with all of you or the courts or the police department. But this should never happen. He should be charged with what he did, not with charges he did not do."

Kenneth Post is in prison after admitting he stole the alcohol and pleading guilty to several other charges.

The officers and their supporters always maintained their innocence. Jack Lokeinsky is the President of the Fort Lauderdale Fraternal Order of Police. He said Kenneth Post's actions are the reason he's in prison.

"(The officers) have done nothing wrong and they were exonerated," said Lokeinsky. "All Mr. Post had to do was comply. He chose to flee. He chose to run over a guy in a golf cart. He chose to attempt to run over a police officer. The officers didn't make that choice. Mr. Post did."

Det. Sgt. Michael Dodson, of the Fort Lauderdale Police Department, said during the review board hearing that the case is closed unless new and compelling information is brought forward.

"We stand by the investigation," he said. "It was exhaustive. It has been reviewed and it is closed."

But Post's family said they are considering legal action against the Fort Lauderdale Police Department and said they will continue to work to clear his name.

"I want the system changed," said Kelly. "The system is broken in the Fort Lauderdale Police Department."

Post is expected to be released from prison in a few months.

Fort Lauderdale Police say two of the officers involved in the incident  -- Moceri and Shaffer -- are back serving on the police force. Florenco remains on administrative leave with pay.

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