The Broward County Medical Examiner's chief toxicologist won't face any criminal charges after an investigation found he neither tampered with evidence nor stole any items from the drug lab, officials said Wednesday.
The investigation into Dr. Gary Kunsman that began in July concluded that he shouldn't be criminally charged, the Broward State Attorney's Office said in a memo released Wednesday.
The Broward Sheriff's Office Public Corruption Unit began the investigation after authorities received an anonymous tip claiming there was a meth lab operation at a hotel room in Pompano Beach, the memo said.
Investigators found the room had been rented by Kunsman's wife, and after he and his wife checked out the room was searched but detectives found no evidence of a meth lab.
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Detectives performed a traffic stop of Kunsman and his wife and in their car were two plastic tubes containing powder that was believed to be Ecstasy but later turned out to be a legally prescribed medication for migraines, the memo said.
Kunsman told investigators the tubes were related to work and had he normally wouldn't have them with him and didn't know why he had them, the memo said.
Kunsman said it was a mistake and that he must have just inadvertently stuck the tubes in his pocket, the memo said.
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"It's stupid. I certainly understand it doesn't sound good and I don't think it is a very good reason," he told investigators, according to the memo.
When asked why he and his wife were at the hotel, Kunsman said they go on some of his off days to get away from home and work.
"If I'm at home, I will be more stressed…and just work," he said. "We go and that way I get to sleep and she makes food and I eat."
When he was asked why someone would make the tip, Kunsman said "I offend a lot of people" and "I tend to not keep my opinions a closely guarded secret," the memo said.
Investigators went to Kunsman's office at the medical examiner and found it unlocked and propped open with a screw in the door frame, the memo said. The office was described as "extremely cluttered," with used tubes, miscellaneous chemicals, empty liquor bottles, various paperwork, old food containers as well as personal items strewn around, the memo said.
Investigators also found marijuana in tubes, a burnt marijuana cigarette, and various prescription pills. In the secure drug vault there were evidence bags including some that weren't sealed, the memo said.
The investigation found no evidence that Kunsman, who has been with the medical examiner's office since 2013, stole anything from the lab or tampered with evidence in any case, or had anything to do with a meth lab, the memo said.
"It appears the tip had no merit and the drugs found in the car, as well as the pills found in his office were lawfully prescribed," the memo said.
The memo said the only charge that could have been pursued would have been a misdemeanor marijuana charge, but Broward State Attorney Harold Pryor had announced a new policy in February that his office wouldn't be pursuing misdemeanor marijuana possession charges.
In a statement Wednesday, Pryor said that after learning of the allegations against Kunsman in July, he directed his office to notify all defense attorneys in cases where Kunsman was listed as a witness.
"The memo speaks for itself and has been sent to the county administration for their review and to address any further issues," Pryor's statement read. "Anyone who has concerns about any case should contact our office and we will review them on a case-by-case basis."
