HEADLINE: Judge dismisses Gray case
 

BYLINE: Bob Gibbins, Tahlequah Daily Press, Okla.

Jun. 5--OKMULGEE -- The judge who Wednesday afternoon dismissed embezzlement charges against former District Attorney Richard Gray said he had "serious problems" with the chain of custody.

Taking a case from a jury for what he said was the first time in 13 years, District Judge H. Michael Claver cited inconsistencies in prosecution testimony. "The state has not met its burden of proof to let the case continue," Claver told those in the courtroom. "I take my oath as a judge very seriously and my position as a judge very seriously."

The dismissal is with prejudice, meaning the state can't refile the charge.

Claver also said defense attorneys requested a mistrial on four occasions when Assistant Attorney General Joel-lyn McCormick referred to the jury hearing the case as a "grand jury," and spoke of a polygraph examination. Claver said he didn't believe the statements were intentional, but cumulatively they prevented Gray from receiving a fair trial. 

"This has been a colossal waste of time," said defense attorney Clark Brewster. "They saddled up the wrong horse."

Brewster said McCormick and Assistant Attorney General Charles Rogers must be "the only people in the courtroom" who believe Gray is guilty.

Gray, who appeared upbeat throughout the three-day trial, smiled widely as Claver announced his decision. He shook hands and thanked jurors as they exited the courtroom, and then visited with a group of them outside the Okmulgee County Courthouse, where the case was moved when each side agreed to a change of venue.

"I'm going to enjoy my family and take some time to myself," Gray said. "And I'm going to start the arduous task of rebuilding my character that the state of Oklahoma has so viciously attacked without regard to the evidence."

Gray was defeated in a re-election bid by District Attorney Jerry Moore after he was indicted late in his first term.

"I'm not closing the door when it comes to seeking a political office," Gray said. "This whole thing was politically motivated."

Prosecutors concluded their case against Gray in mid-afternoon, and Claver ordered a recess to allow attorneys to present motions. He then called the panel back into the courtroom and announced his ruling.

Clint Johnson, a former drug task force field supervisor, was the first witness Wednesday, and testified about his work in the task force during Gray's administration. In contradiction to testimony offered by former Adair County Sheriff's Deputy Ralph Lucy, Johnson claimed he was present when the Thomas Dayberry search warrant was served.

Johnson said it was possible that officers were there who didn't see one another.

"I was securing the perimeter," he explained to the jury. "I was on the outside, making sure no one came on the scene while they were serving the search warrant."

Brewster tried repeatedly to question Johnson about his financial problems, but the court refused to allow the inquiries and said Brewster could raise the questions when he called Johnson as a defense witness. The judge's later ruling negated that option.

When Johnson was asked about scribbles on a record concerning the Dayberry monies, he said he probably scribbled on the drug task force safe register.

"I probably scribbled on it if I messed up," he told jurors.

He also testified about March 25, 2004, visit Gray made to the drug task force office to remove evidence bags from the safe and take them to a safe deposit box. He told jurors he was asked about the Stanley Scarborough monies two or three months later when he and Gray were in Adair County.

"He [Gray] asked me what I could tell him about [money missing from the evidence bag]," Johnson testified. "He said there was over $2,000 missing."

Johnson said he told Gray he should call the OSBI if money was missing.

"He said it would give his office a black eye, and they would make it up somewhere," Johnson testified. "Then he said he shouldn't even be talking to me about it because it was [James] Carver's case."

Johnson testified he's currently on worker's compensation. He said he worked for former DA Dianne Barker-Harrold, and after Gray took office, Johnson asked to be retained because he "needed a job." Gray kept him on staff.

Johnson was also asked about money that had been entered on the task force safe register, but wasn't actually in the safe. He said the register was also a record of seized money, and some of it was in a padlocked cabinet in his office.

He testified he was on vacation when Gray went to the task force office, but was summoned to the office. He denied being concerned by Gray's impromptu visit and the allegation that it didn't give him time to replenish money stored in evidence bags in the safe. When Brewster commented that Johnson had used the safe as his "own personal ATM," Johnson denied that.

"I never stole any money," he told Brewster.

Johnson was also asked about $4,348 he took from the safe and gave to Tahlequah attorney Monte Strout.

"That's probably what the order says," Johnson said.

"There's no order," Brewster said.

"Then I don't know," Johnson replied.

He was then asked about an $1,800 check from Strout that showed up in his bank records. He testified he and Strout, a former first assistant DA early in the Gray administration, are friends, and the check was for work he did in Strout's basement.

"I poured some concrete for a shop he was putting in his basement," Johnson told the jury.

Pam Stephens, the DTF fiscal officer from February 2003 to June 2006, said she maintained computerized logs for the safe and kept a forfeiture list. She said she didn't question Gray when he came to the drug task force office in March 2004.

"He had a goal and a purpose in mind," she testified. "He asked for copy of the log to be printed, and I did that."

She said Gray initialed the log beside the entry for each bag he took from the safe that day, and wrote he was going to the Cherokee County safe deposit box with the bags. She said nothing appeared abnormal about the bags.

Stephens testified Johnson was never there the day Gray took the bags from the safe.

She said some items were on the log that weren't in the safe, and some were in the safe, but not on the log.

Chris Stephens, a senior state auditor, testified about the audit he did on the District 27 drug forfeiture funds. He said he found 20 variances where the money ordered forfeited was more or less than what was deposited. He said Gray answered questions about each variance and called the OSBI in to investigate the missing funds.

HEADLINE: Probe finds late Franklin detective stole $50K

BYLINE: NYIER ABDOU, STAR-LEDGER STAFF

SECTION: SOMERSET; Pg. 19

Cop who killed himself reportedly pilfered evidence

A Franklin Township police detective who committed suicide on duty three months ago stole more than $50,000 in cash from the department's evidence vault, an investigation has concluded.

Peter William Furmick, 62, was a 33-year veteran of the force - three years away from mandatory retirement. He was alone in his office at police headquarters March 13 when colleagues found him with a self-inflicted gunshot to the head.

A subsequent investigation revealed Furmick was in dire financial straits and increasingly desperate. He had 12 civil judgments against him totaling more than $100,000. His wages were being garnisheed to an extent that left him little money to live on, police said. 

Following Furmick's suicide, it was discovered that $16,300 logged into evidence by Furmick last August was missing from the evidence vault, police said. On March 12, the day before Furmick's death, an order had been issued by a judge to return the $16,300 to an attorney. The attorney had called repeatedly about collecting the cash and called shortly before Furmick killed himself, police said.

"We're just deeply disturbed. We're gravely disappointed," said Police Chief Craig Novick. "I'm still shocked and it's so many months later."

Novick said Furmick, who was married with adult children, was "one of the last people you would suspect." He was a go-to guy in the department with a lot of job knowledge, well respected and good on a crime scene, Novick said.

"He was one of the elder statesmen of the department," Novick said. "The people in the community loved him."

After Furmick's death, the Somerset County Prosecutor's Office performed a full audit of the department's evidence vault. The five-week investigation revealed a total of $51,455.73 unaccounted for, police said. Investigators also found evidence envelopes for some of the missing cash among Furmick's belongings in his home.

According to Somerset County Prosecutor Wayne Forrest, Furmick was one of two officers responsible for an annual audit of the evidence vault. One officer would read a list of the evidence while the other checked to see if it was in the vault. The officers traded off the responsibilities each year, but this year Furmick volunteered to check the evidence in the vault for a second year in a row.

"It's obvious why," Forrest said.

There is no indication the other officer played any role in or was aware of the theft, said Franklin Police Lt. Bob Vornlocker.

Novick said the civil judgments against Furmick were not police-related. The enormous sums owed came as a complete surprise, he said.

"He must have been a desperate man," Novick said. "That's horrible."

Had he known Furmick was in such financial difficulty, Novick said, he would have questioned leaving Furmick in a position with such responsibility.

It's not uncommon for a sizable police department to have large sums of cash seized in the course of investigations in the evidence vault, Forrest said.

The amount stolen by Furmick was not the only cash in the vault, he said.

The measures taken to secure evidence in Franklin followed guidelines set by the Attorney General's Office, Novick said.

In the wake of the thefts, however, the department has beefed up its security measures, essentially doubling the state's requirements.

Valuables like cash, guns and jewelry will be kept in a new secure location and 24-hour video cameras were installed in both vaults, Vorn locker said.

An internal affairs captain and an investigative division lieutenant will be present during the annual audit. Accessing the safe at any time will require the evidence officer and one of the command level officers. "One has the combination and one has the key," Vornlocker said.

"We understand the gravity of it," Novick said of the theft yesterday. "We take it seriously."

He added the matter is now in the hands of the township attorney and insurance companies, who will be trying to find ways to recover the money from Furmick's estate.

Nyier Abdou may be reached at nabdou@starledger.com or (908) 429-9925.

GRAPHIC: FURMICK

HEADLINE: Officer who killed himself in Somerset Co. had stolen money

Authorities say a Somerset County police officer stole more than $51,000 from an evidence vault before killing himself.

Franklin, Somerset County, Detective William Furmick shot himself in the head while on duty at police headquarters on March 13.

In an investigation that followed, the Somerset County Prosecutor's Office found money was missing from the evidence vault. Authorities say Furmick took the cash because he was in a desperate financial situation.

The police department has since tightened security in the evidence areas, including adding cameras.