International Association for property and Evidence, Inc.
Evidence Log - Volume 2006 Number 2

It Could Be Worse, But How?
Learn from the mistakes of others, to avoid making the same ones yourself!

Idaho Falls Police Chief Says He Didn't Believe Guns Were Destroyed

Idaho Falls Post Register (Idaho)
June 6, 2006
By PAUL MENSER 

Idaho Falls Police Chief 1. Kent Livsey says he never trusted Kimball Mason's claim that he de­stroyed 33 of the guns he took from the police evidence room "Nobody would throw that kind of stuff away," he said.

But police needed l110re than suspicions to search the former Idaho Falls prosecutor's residence. They needed specific information about where the guns were hidden to convince a judge there was probable cause for a search And they didn't have that until Thursday, when they got a tip that people associated Mason were removing guns from his home.

Police searched the house for the first time Friday and removed more than 30 firearms and rifles, one of which still had evidence tape on it. Had they searched a few days earlier, they might not have found anything. The week before his sentencing, Mason asked a friend and fellow attorney, John Stosich, to keep his guns because it is unlawful for felons to possess firearms. Stosich complied, but on May 31, the day after the sentencing, he called Mason's son to come get them. Without the tip, police wouldn't have been able to search his house and the guns likely wouldn't have been recov­ered. The tip contained such specific information that police were able to use it to get a search warrant.

Steve Bywater, who heads the attorney general's investigative unit, said officials are sifting through the evidence taken from the home. It will be up to the Idaho attorney general's office whether Mason will face any new charges. No additional charges had been filed by Monday night.

Mason pleaded guilty in March to two counts of grand theft and one count of falsifying a public document. He was sentenced May 30 to three concurrent terms of one to five years. District Judge William Woodland retained jurisdiction, meaning Mason would be evaluated by the Department of Correction for 180 days before any final sentence might be pronounced. 
In the course of their investigation, officials believed Mason had taken 51 guns from the evidence room but were able to trace only 18 of them. Mason said he had destroyed the rest.


Impact of tossed evidence deepens; Accidental purge in Colorado Springs

The Denver Post
May 19,2006 Friday 
BY: Miles Moffeit and Erin Emery

Workers reportedly discarded evidence in thousands of cases, including a murder investigation 
and two suspected killings. Colorado Springs Police Department employees discarded evidence in one murder case and two suspected killings - including the 1986 kidnapping of an infant from his crib - raising concerns that the agency's bungled evidence- room overhaul could have more serious repercussions than first disclosed.

The seriousness of the cases involved is at odds with recent statements by Police Chief  L.V. that homicide cases were apparently unaffected by what he termed an accidental mass purging of evidence during the past two years by poorly supervised temporary employees. L.V., who has declined to publicly reveal details of problematic cases, was out of town and could not be 
reached for comment. Meanwhile, confusion and frustration over the mishandling of evidence have roiled the EI Paso County legal community, where prosecutors and defense lawyers are scrambling to gauge the damage to cases and the scope of the problem.


Colorado Springs chief says he'll retire amid evidence scandal

Copyright 2006 Associated Press 
The Associated Press State & Local Wire 
July 12, 2006 

COLORADO SPRINGS Colo. 
Facing a controversy over lost evidence, Colorado Springs police chief L.V announced Tuesday he will retire Sept. 1. "This was my decision. I wasn't pressured by anybody or anything like that," L.V said. "Even with everything that's going on, it was still a difficult decision to make. It's difficult be­cause I love what I do. It's difficult because I love the organization."

In April, L.V, 56, announced that thousands of pieces of evidence had been improperly destroyed, sold or returned to owners. The police department's investigation concluded that the evidence room supervisor, Terry Lauhon, had pressured technicians to purge 134,911 pieces of evidence in 2005, and that they cut comers to meet that goal. Lauhon has been suspended without pay.

More than half of the destroyed evidence involved forgery cases and police said none of the destroyed evidence materially affected some 47 homicide cases dating back 26 years.

The state attorney general's office also reviewed the internal investigation but hasn't released its find­ings yet. The 4th Judicial District attorney's office is also conducting a probe.

L.V, a 31-year veteran of the department, had said a month ago that he would not step down. But he said he reconsidered because of the scandal, the police vote and the recent death of his mother. "Lately, it seems I have been at least a lightning rod for some reported issues ... By me leaving at this point in time, it would be better certainly for me, but it would also be better for the organization," L.V said. 

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Copyright © 2006 International Association for Property and Evidence, Inc.
Reprinted from the Evidence Log, Volume 2006, Number 2, Pages 49, 53 & 60

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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