by Michael Barfield, Florida Trident
A former commander at the St. Lucie County Sheriff’s Office claims in a lawsuit he was illegally surveilled in his office and then retaliated against after he reported the incident to external authorities.
James Wills, formerly the commander of the Special Investigations Unit (SIU), filed the lawsuit alleging violations of Florida’s Public Whistleblower’s Act against St. Lucie County Sheriff Keith Pearson, but the specific allegations concern Pearson’s predecessor, Ken Mascara.
The lawsuit alleges that in October 2022 Wills discovered covert surveillance devices in his office he suspects were used to capture private conversations, including those involving a Florida Department of Law Enforcement (FDLE) investigation into Mascara.
The FDLE investigation focused on a scheme by the former sheriff to undermine his political opponent in the 2020 election by encouraging a subordinate in the sheriff’s office to run as a straw candidate. The plot was allegedly intended to split the vote in the Republican primary and prevent Mascara’s opponent from winning.
Two of the witnesses who had information relevant to the investigation and were named in FDLE’s report met with Wills in his office regularly, the lawsuit states. Wills argues the surveillance was politically motivated and linked to Mascara’s actions to influence the 2020 election.
“There is evidence to believe that the recording devices placed in [Wills’] office were to intercept conversations of employees Plaintiff spoke with privately, that had relevant information as to Sheriff Ken J. Mascara’s actions in a Florida Department of Law Enforcement’s investigation into alleged ‘ghost candidate’ campaign finance reporting violations by the Sheriff,” the lawsuit alleges, referring to the FDLE report.
Mascara, who hadn’t responded to messages from the Florida Trident prior to publication, abruptly retired from the sheriff’s office in December 2023 and urged Governor Ron DeSantis to appoint Pearson as his successor. Pearson, however, lost to Richard Del Toro in the Republican primary election held last month and will be replaced after the general election.
Mascara recently admitted to ethics violations regarding his involvement in promoting a candidate during the 2020 election and in June entered into a stipulated agreement with the Florida Commission on Ethics, leading to a public censure and a $5,000 fine. In an announcement on social media, Mascara claimed he recruited candidates to run against him only to strengthen the “democratic process,” and denied they were “ghost candidates.”
“The Commission on Ethics investigator advised me that encouraging anyone to run for public office within the confines of the Sheriff’s Office or any government office was a violation of the Code of Ethics for public officials,” he wrote on Facebook. “I immediately admitted that is what I did and never could I imagine that encouraging people to enter the democratic process was unethical.”
After what the lawsuit called “unlawful camera/recording devices” were discovered in his office and removed, Wills requested an outside agency investigate the matter, according to the lawsuit. He met with an assistant state attorney and an investigator from that office. An Internal Affairs lieutenant and a supervisor told him the Martin County Sheriff’s Office would investigate. That never happened.
Following Wills’ whistleblower report in 2022 about the surveillance, he claims he was abruptly reassigned to a less favorable road patrol position that forced him to work holidays and restricted time with his family.
The lawsuit includes details from the FDLE investigation into Mascara’s scheme, including an allegation former sheriff’s candidate Kevin Carter was recruited to run as a ghost candidate against Mascara’s opponent in the 2020 election. Port St. Lucie sheriff’s Capt. Bill Hardman, who was involved in the scheme and cooperated with investigators, reported that Mascara funneled $10,000 into Carter’s campaign through straw donors to conceal the source of the funds.
Hardman told investigators Mascara gave him a burner phone to manage the ghost candidate campaign and was later instructed to dispose of the phone in the ocean or a river.
Due to stress, Wills resigned but believes his future career in law enforcement was jeopardized by a “no rehire” recommendation placed in his personnel file. Additionally, he was denied the use of accrued sick leave, a benefit previously extended to other senior officers, according to the lawsuit.
Had these events not occurred, Wills said he intended to retire in September 2026. He is seeking $300,000 in damages for lost wages and benefits.
This article first appeared on Florida Trident and is republished here under a Creative Commons license.
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