HEADLINE: Milton's problems deeper than ex-chief, council members say; Hearing: City prosecutor, others might have erred

Last week's long-awaited hearings in Milton were supposed to decide the fate of Steve McKeen, the police chief fired under a cloud of religious favoritism, inattention to safety and mismanagement of guns and evidence.

When the hearings end, McKeen will either get his job back or the city will start looking for a new full-time chief.

But Milton City Council members who sat through parts of four days of legal questioning said they learned of problems that run deeper than the police chief's office.

Councilman Jim Heddlesten said the testimony revealed "a series of blunders" by other city employees. 

"It's just not looking good," said Councilwoman Darlyne Sirack.

The hearings so far have featured the city's case against McKeen. The former chief will plead his case in the upcoming proceedings.

But city witnesses, according to some council members, already have revealed problems:

• The city prosecutor mistakenly recommended community service for a suspect when the city didn't have the option.
• A key witness against McKeen resigned from his job after having an "improper relationship with a co-worker."
• Police officers so far haven't connected McKeen's Mormon religion with undisputed evidence of real favoritism.

Milton Councilwoman Margaret Drotz, who also observed last week's hearings, "wished it would be over. ... It's gone on long enough."

Her wish will not come true. The hearings have been postponed until late May.
Interference alleged

Bruce Heller, an attorney representing the city, said McKeen improperly interfered in court procedures by pressuring the city prosecutor to offer community service to a Mormon church member.

McKeen said the suspect, accused of traffic infractions, was "a good kid," City Prosecutor Sandra Allen recalled.

But Allen admitted last week she made a mistake when she recommended to the judge that community service be ordered instead of a $ 200 fine.

Allen initially informed Mc-Keen that the city didn't offer community service. But she said she acceded to the chief's request because she felt intimidated. A year earlier, she lost her contract with Milton for a month after McKeen and the former mayor complained about her, she said.

McKenn's lawyer, Brett Purtzer, said the chief merely asked Allen to do what she could. The prosecutor is the one who recommended the community service option to the judge, Purtzer said.

"It wasn't an option," Allen acknowledged under Purtzer's questioning. "I shouldn't have offered it and it was wrong."

The judge ordered community service and a $ 200 fine reduced to $ 50.

'I know Elder McKeen' Acting Milton police Lt. Eric Hamry later testified that he asked McKeen about his interest in the traffic case.

The chief said "he would continue to intercede on behalf of friends, family and church members," Hamry said.

Regardless of what was said, Purtzer contended, there's no evidence that McKeen ever practiced religious favoritism as chief.

In other testimony, Milton police officer William Downey said that when he stopped some people on suspicion of a traffic violation, they would tell him, "I know Elder McKeen, brother McKeen, brother Steve, or Steve."

Under questioning from Purtzer, Downey acknowledged he'd heard those comments only a dozen times out of more than 4,000 traffic stops he's made over the years. He also confirmed to Purtzer that no suspects in his traffic stops ever received favorable treatment.

Former Bonney Lake police Lt. Michael Strozyk testified that he performed an audit of McKeen's office after the chief left on paid administrative leave.

"The office was in disarray - unkempt," he said.

Confidential documents were on the desktop in view of anyone, rather than filed away. He said he also reported an unsecured fire-arm, found by someone else in a small box under McKeen's desk. But under questioning from Purtzer, Strozyk said he had since resigned from the police department after having an "inappropriate relationship with a co-worker." He stepped down on the heels of an internal investigation in Bonney Lake.

After last week's hearings, two council members, Heddlesten and Sirack, expressed concern about the city calling Strozyk as a witness, saying his credibility had been damaged.

But Heller, the city's attorney, said that didn't detract from Strozyk's audit. And the core of the case isn't about that or city paperwork being 100 percent correct, he said. It's about McKeen.

Heller said the chief refused to acknowledge he had job problems, leaving the mayor no choice but to fire him.

He said the chief possessed a dozen guns that were either unsecured, not logged into evidence or not checked out of the evidence room so they could be tracked.

And he said the chief failed to immediately disclose to the city administration that the police department had lost state accreditation - a firing offense.

McKeen "was just over his head. He was not responding," Heller said.

Purtzer countered that McKeen received no progressive discipline; he was just fired.

About the guns, he said some were donated and the chief could handle them the way he wanted because they weren't evidence. Others were secured, he said.

And about the loss of state accreditation, Purtzer said only 20 percent of police departments in Washington have the status, and McKeen decided his department no longer warranted it.

"We get fractured documentation," Purtzer said about the case, "not the whole story, the truth."

After hearing testimony Monday through Thursday last week, the Milton Civil Service Commission announced it would delay further testimony until possibly May 26-28 and June 1-2. The commission could meet earlier. The time and place will be announced later, said attorney and commission adviser Steve DiJulio.

HEADLINE: Embezzler must repay, do probation; 
Gary Driver, a former Zebulon police officer, gambled away money, his attorney says

RALEIGH -- A gambling addiction led the second-in-command of the Zebulon Police Department to embezzle more than $15,000 from the evidence room, a Wake prosecutor and his defense lawyer said.

Gary S. Driver, who was scheduled to appear in Wake Superior Court on Monday, pleaded guilty Friday to felony embezzlement by a public official. Driver was the town's longest-serving employee, with 21 years with the department. He had briefly served as interim police chief in 2000, worked undercover and headed the drug task force. 

For the past nine years, Driver, 39, of Zebulon served as the department's only police captain, which left him in charge of the evidence room. Only Driver and one other officer had access to the evidence room's two sets of keys, Assistant Wake District Attorney Susan Spurlin said.

Defense lawyer Rusty Dement said Driver's father died when Driver was 5 years old. Driver later developed a close relationship with his father-in-law, who committed suicide after financial troubles, Dement said. Beyond that family tragedy, there were mounting bills to pay for his children's medical expenses, Dement said.

"It's an explanation for what happened, not an excuse," Dement said. "There were some things that happened in his life that precipitated his mistakes."

Driver first gambled away his own money at the Cherokee reservation and on casino boats, Spurlin said. Then, Dement said, Driver borrowed money from the bank, family and friends -- amassing about $61,000 in debts, which have been paid back out of his retirement savings. The only one left unpaid is his former employer.

In November, Zebulon police received a number of complaints about Driver's writing bad checks and not repaying borrowed money, officials said. Chief Tim Hayworth conducted an audit of the evidence room and discovered a $15,114 shortfall. On Nov. 7, after a five-day suspension, Driver was fired, officials said at the time of his arrest.

Driver, who is now working for the family business, has 30 days to pay back $11,000 to the town, Spurlin said. Then he will have three months to pay the remaining balance, she said.

Wake Superior Court Judge Evelyn Hill sentenced Driver to two years of probation, including a year of supervised probation, which may be transferred to unsupervised probation after six months. Beyond the restitution, Driver has to continue mental health treatment, surrender his law enforcement certification and be under house arrest for one month.

"He apologized for putting his family and the law enforcement profession into such circumstances," Dement said.

HEADLINE: Money disappears from evidence room

BY LINE: News 14 Carolina Staff 

The State Bureau of Investigation is looking into a report of missing money at the Oxford Police Department.

Police and city officials aren't saying much about the case, only that the money was discovered missing Monday afternoon.

The money disappeared from the department's evidence room.

The chief of police did say procedures used to keep track of those items will also be reviewed.

HEADLINE: Former trooper pleads guilty to burglaries

A former state trooper pleaded guilty today to multiple burglaries and related offenses that carry maximum penalties exceeding 300 years in prison.

John Travis Layne, 31, of West Chester, stood somberly as a Chester County Court judge read a litany of charges from 33 cases: 30 burglaries, two attempted burglaries and one credit-card fraud.

Again and again, Judge John L. Hall posed the question: "How do you plead to the charge of burglary?" 

Each time, Layne responded, "Guilty."

Layne declined the judge's offer to comment, but defense attorney Christian J. Hoey told Hall that his client's silence was temporary.

"I don't want the court to think that Mr. Layne doesn't have anything to say," said Hoey, adding that Layne would waive the 30-day sentencing deadline in order to have more preparation time.

Hoey said that Layne would address the court at his sentencing. In the meantime, Hoey said Layne had expressed regret for what happened and had worked hard to make amends by cooperating with police.

"His confession led to convictions on at least 25 other counts of burglary," said Hoey.

Hoey said Layne, whose drug addiction fueled the thefts, drove around with police to show them which residences he had hit.

"These cases would have been left unsolved," said Hoey, who believes Layne should get some credit for his cooperation.

In addition, Hoey said Layne, who injured himself on the job several years ago, had tried to get help for the addiction he developed from legally prescribed pain medication.

Hoey said Layne participated in a confidential rehabilitation program through the state police that was not successful. Since his arrest, he completed another recovery program at the same time that his 3-month-old daughter was diagnosed with a "suspicious lesion," said Hoey.

"He's got a full plate," said Hoey. "I'm not trying to minimize what he did, but I don't think he should be penalized for his cooperation."

Assistant District Attorney Ronald C. Yen said he believed Layne's assistance was "at times piecemeal.

"There's no question that Mr. Layne's admission facilitated other prosecutions," Yen said. "But I would not go so far as to say that without his admissions, we wouldn't have solved the cases."
Yen declined to comment on how much jail time he would seek. He said many of the charges call for six to 14 months in prison under standard sentencing guidelines.

But Yen said the large number of charges gives Hall a broad range of possibilities.

"The significant issue will be how many sentences run consecutively," said Yen.

Lt. Dennis Dougherty, commander of the Avondale state police barracks, where Layne worked for most of his nine years as a trooper, said he believed Layne should be held to a higher standard for violating the public trust and his oath of service.

"We would hope he would get significant jail time," Dougherty said.

Dougherty said Layne submitted his retirement on Jan. 28. He was suspended without pay after his arrest on Dec. 4, pending the outcome of the criminal case and an internal investigation.

The 33 affidavits for Layne reveal a pattern of burglaries that stretched from Lancaster County to Delaware County and include the state police evidence room.

Although Layne was in uniform, he was not usually on duty when he entered homes in search of drugs. When Layne encountered someone, he called 911 so he could tell the resident he was responding to a call.

Hall said the sentencing would occur within 45 days, and he requested sentencing memorandums from both sides.

HEADLINE: Suspended police chief levels new allegations;
Philip Castagna accused Bordentown's city leaders of secret meetings 

Suspended Bordentown City Police Chief Philip Castagna has accused the City Commission of holding secret meetings in violation of the state's Open Public Meetings Act.

In an amendment yesterday to his civil complaint challenging his unpaid suspension, Castagna also accused commissioners of meddling in police business. He contended that two officers were promoted to lieutenants to run the department in his absence in violation of laws on police personnel moves. 

It's the latest enfilade in a messy legal battle to get rid of Castagna, who is fighting to regain his job.

Castagna "expects to be returned to his position as chief of police and resume control of the department until he is eligible for retirement in 2009," his attorney Thomas M. Barron said in a statement yesterday.

The attorney representing the commission could not be reached for comment.

Castagna said the three-member elected commission, which runs the city, had met regularly for years on Wednesday mornings at the Carslake Community Center. Department heads and professionals, such as attorneys for the city, were often summoned, according to the amended complaint in state Superior Court in Mount Holly.

No public notice is given about the meetings, the public is not allowed to attend, and no minutes are kept, Castagna alleged.

The lawsuit contends that the two officers' promotions to lieutenant violated civil service laws because neither had taken the state test the rank requires.

Castagna also alleged that the commissioner who oversaw public safety had improperly interfered with the Police Department's daily operations.

Castagna was suspended in July after he was charged with making terroristic threats toward his estranged wife, Joyce Leopold-Castagna, by telling her uncle that he was going to use a firearm to harm her.

After the charges were downgraded, Castagna, who was hired as a patrolman in 1984, was found guilty last month of harassment and a disorderly-persons offense. He is scheduled to be sentenced tomorrow.

The offenses carry possible jail time, though incarceration is rare in such cases.

At sentencing, a hearing will be held to determine if his behavior warrants dismissal. Prosecutors have argued it does, but Castagna's attorney in this matter, Michael Riley, disagreed.

Even if the ruling went in Castagna's favor, a couple of hurdles would remain before he could return to his job, which would pay him $71,000 annually.

He faces new harassment charges on allegations he threatened in March to burn down his wife's house.

And the city is trying hard to keep him from coming back.

In December, administrative charges seeking his dismissal were filed. Castagna is accused of stealing tools from the evidence locker, taking $400 from a case file, and being involved in a theft from an auto body shop, among other things.

No hearing has been held on the administrative charges.

Castagna sued the city in March, saying he is entitled to his salary from the time the criminal charges were downgraded in the fall to the filing of administrative charges Dec. 14.

Contact staff writer Joel Bewley at 609-261-0900 or jbewley@phillynews.com

HEADLINE: Ex-Sheriff Admits Guilt on Stolen Property Charges

Floyd Tidwell, the former sheriff of San Bernardino County, pleaded guilty Monday to four felony counts of concealing stolen property as investigators said he took at least 523 guns from evidence rooms during his eight-year tenure.

During his terms, from 1983 to 1991, Tidwell would walk through evidence rooms "as if shopping, to take his pick of weapons," one sheriff's official said. Among the weapons was a military M-2 carbine, a fully automatic assault weapon banned under state and federal gun control laws.

Under a plea agreement with the San Bernardino County district attorney's office, Tidwell will pay a $10,000 fine and cooperate with investigators who are trying to recover the firearms. He will not serve any time in jail.

"Incarceration was never an option," said Assistant Dist. Atty. Michael Risley. "He's 74. He did serve the people well in many respects for many years. We wanted him to acknowledge his wrongdoing and to seek his cooperation in correcting this matter."

Under state law, confiscated firearms must be returned to their owners, sold at public auction by the county or used for approved law enforcement purposes, such as target practice, Risley said."What you can't do is take them," Risley said.

Tidwell stashed boxes of guns in his garage in Phelan and would give them away to family and friends, his daughter-in-law told investigators. Tidwell accepted the plea agreement to limit the stress of a trial on his ailing wife, according to his attorney, David Call.

"If I win a jury trial, but the result is his wife's funeral, how do I win that?" Call said. "This was an opportunity for the sheriff to stand up and end this sorry mess."

Call said Tidwell didn't believe his handling of the guns was illegal, and that the number of guns Tidwell is accused of taking might be inaccurate.

"It used to be common practice for law enforcement officers to keep their guns," Call said after the hearing. "This [case] is about different times, different eras and closed chapters."

Tidwell first came under suspicion on June 25, when investigators with the San Bernardino County Sheriff's Department executed search warrants at the homes of the former sheriff's two sons, Danial and Steve Tidwell. The brothers were under investigation for illegally soliciting business for their Fontana-based bail bond company.

During the searches, detectives found 24 guns at the brothers' homes in San Bernardino and Phelan. The brothers, both former deputies, told the investigators that their father gave them most of the firearms while he was sheriff.

"Guess what?" Steve said to investigators as they searched his home, according to a district attorney's memorandum. "Those were given to me by Floyd Tidwell, so you might want to talk to him sometime. You know how we get those, don't you?"

Danial Tidwell allegedly told a sergeant that he stole one of the guns, an illegal 9-millimeter machine pistol, from a suspect while he was a deputy. Danial Tidwell said that "Floyd knew about the stolen department weapons and told Danial not to worry about it," prosecutors alleged in court records.

Prosecutors considered charging the former sheriff with theft and embezzlement, but under the statute of limitations, those charges must be filed within three years of the alleged crime. Instead, Tidwell was charged with four counts of concealing stolen property, which included 14 firearms.

"His possession of stolen property was his ongoing crime," Risley said.

In November, while the sheriff's investigation was well underway, Floyd Tidwell turned in 89 rifles, shotguns and handguns worth an estimated $25,000. Among the guns was a military .30-caliber M-2 carbine and two tiny "wallet" guns, all of which are illegal, authorities said. At least 38 of the 89 guns were identified as missing from the sheriff's property room.

Tidwell's daughter, Robin, told detectives that the former sheriff is "an avid gun collector" who displays many guns at his Phelan home.

Sheriff's Capt. Dave Baker, who worked in the property division during Tidwell's tenure, told detectives that Tidwell liked "old western-type" guns and would often take the guns from the evidence room without filing the required documentation.

Sgt. Gary Eisenbiesz said Tidwell "used to go through the division, as if shopping, to take his pick of weapons." Eisenbiesz said he ultimately decided to hide guns from Tidwell so "he would have something to sell at the [county gun] auctions."

In one case, a couple who tried to retrieve their guns were told the guns were lost, according to the district attorney's case summary.

Finding the missing firearms might be difficult. Tidwell's daughter-in-law, Karole Tidwell, told a sheriff's detective that the former sheriff "would frequently clean out his garage or storage areas and would have boxes full of firearms he gave away to friends and family."

On Monday, Tidwell appeared in court in a gray suit and powder-blue tie, with a San Bernardino County sheriff's pin in his lapel. The 38-year law enforcement veteran shook hands with a sheriff's deputy serving as bailiff, and shook his head in disgust as the court hearing progressed. "Forty years of service for this," Tidwell muttered to his family. San Bernardino County Superior Court Judge J. Michael Welch asked Tidwell to answer the charges.

"Guilty, your honor," he said.

HEADLINE: Prosecutors want LA police officers' convictions reinstated

The state appellate court should reinstate the convictions of three Los Angeles police officers tried in connection with the Rampart police corruption scandal, prosecutors argued Thursday.
Deputy District Attorney Brent Ferreira said Superior Court Judge Jacqueline Connor acted improperly in granting a new trial for police Sgts. Brian Liddy and Edward Ortiz and Officer Michael Buchanan. 

"What we have here ... is the trial court illegally going behind the jury and overturning these verdicts against dishonest police officers," Ferreira said.

The three were convicted in November 2000 of conspiracy and other charges. Prosecutors said the officers framed suspected gang members they claimed had attempted to run them down with a pickup truck.

Connor overturned their convictions a month later, saying she erred when instructing the jury on one issue in the trial but not others.

But Ferreira argued before the three-judge panel that Connor acted improperly when she ordered a new trial after learning that jurors discussed whether or not the officers had been injured at the time of the arrest - which was not at issue in the trial.

The law doesn't allow judges to second-guess the jury based on how they reached their conclusion, Ferreira said.

"You're going to put every jury on trial and you're going to destroy the jury system" if that were allowed, he said.

Defense attorney Courtney Shevelson argued that the judge admitted she prejudiced jurors against the officers by mentioning the injury in her instructions to the jury, but failing to explain the crime the officers were accused of fabricating.

"The court should have realized that was its duty," he said.

The three officers were the first members of a now-disbanded anti-gang unit to be tried on the allegations of ex-officer Rafael Perez, who claims fellow officers at the Rampart station beat, robbed, framed and shot innocent people in the gritty neighborhood west of downtown.

Perez touched off a department-wide scandal when he told federal investigators about the alleged crimes by officers in exchange for a reduced sentence for stealing cocaine from an evidence locker.

Follow-up investigations into incidents between 1995 and 1998 led to judges overturning convictions or tossing out charges in about 100 cases.

If the prosecution prevails, the convictions would be reinstated. If not, the district attorney's office can still retry the officers on the original charges. 

HEADLINE: Benton Police Officer Suspended 

MLB Suspends Williams, McClendon 

Benton - A Benton police sergeant has been suspended after police discovered illegal drugs and paraphernalia in his possession. Sergeant Hanley Taylor was suspended for 30 days without pay. 

Police say a box with a small amount of a controlled substance and drug paraphernalia was found during inventory. The box was found in Sergeant Taylor’s locker. 

A drug test proved that Taylor had not been using the drugs, which were believed to have been taken from the evidence room. "He sad he did have them in his locker, he was using them for training purposes for new hires and rookies. Just to get them familiar with what drug paraphernalia looks like and items that they should be looking for. He's not denying having the items, it's just poor judgement as to where he kept them stored." 

Taylor has been with the department for 16 years and headed up a drug task force program.  Police say this appears to be an isolated incident and no criminal charges will be filed. 

HEADLINE: Property case continued as defense seeks to dismiss case

BY LINE: Jessica Brown

HAMILTON — A motions hearing Thursday for a former Butler County Sheriff’s Office property room worker was postponed so the defense has time to go through the evidence in the case. 

“There are boxes and boxes of evidence that has yet to be reviewed by me,” said defense attorney Lawrence Fiehrer. 

His client, Donna Henderson of West Chester Township, is accused of stealing $2,255, a camera, a gold necklace and a knife sharpening kit from the property room between July 2000 and December 2003. She also is accused of altering documents to conceal her actions. 

Henderson is charged with two counts each of tampering with records and theft in office, both felonies. She has pleaded innocent to the charges. 

Several sheriff’s office employees and officials subpoenaed to testify for Thursday’s hearing waited outside the courtroom as attorneys met with the judge to discuss the situation. 

After waiting for more than half an hour, the group was told they would not be needed that day. 

Butler County Common Pleas Court Judge H.J. Bressler rescheduled the hearing July 8 to allow both sides to more time to review the evidence. 

“Neither side is ready to go forward today,” Bressler said. 

The focus of Thursday’s hearing would have been three motions filed by Fiehrer. 

He filed a motion to suppress some comments Henderson made when the search warrant was executed. The content or the comments was not discussed. 

Fiehrer also filed motions to dismiss the case based on double jeopardy and selective prosecution. 

The initial audit of the property room began in December 2001, when a deputy found $2,225 was missing from a property room safe. 

Henderson was one of two employees who resigned and was convicted of misdemeanor charges in 2002 for using about $250 in property room money for personal purposes. 

Sheriff Harold Gabbard requested an outside investigation which — 14 months and thousands of dollars later — resulted in Henderson being the sole worker indicted by a grand jury. 

In his double jeopardy motion, Fiehrer argued that the sheriff’s office knew the $2,255 was missing during the 2002 investigation, but filed no charges against Henderson at that time. Henderson has denied taking the money. 

Fiehrer also said the state engaged in “selective prosecution.” He said there were “other individuals associated with the sheriff’s office who were not prosecuted although there was evidence they had taken things from the property room,” he said. 

Special Prosecutors Daniel Breyer and William Breyer have opposed the motions. 

Henderson is free on her own recognizance. 

HEADLINE: Benton policeman suspended 30 days 

BENTON - The mishandling of drugs has landed a Benton police sergeant a 30-day suspension without pay.

Sgt. Lisa Wylie, the department spokesman, said a box containing a controlled substance and drug paraphernalia was found by an individual and turned over to Sgt. 

Hanley Taylor, who failed to file a report and place the items in the evidence locker.
Instead, Taylor left the box in the department locker room where it was found during an inventory April 9, she said.

Wylie said Police Chief Gary Sipes ordered an internal investigation and suspended Taylor earlier this week. 

"Sgt. Taylor is a veteran officer with a good background at the Benton Police Department," which he has served for 16 years, Wylie said in a news release Thursday. "This was an isolated incident of poor judgment. We are confident the necessary steps have been taken to ensure this unfortunate incident will not be repeated."

HEADLINE: Convicted cop sues to get his job back

A fired Maywood police officer, heading to prison on one set of charges and awaiting trial on another set, is suing the village to get his job back.

Harold Jenkins, a 25-year officer, claims he didn't get a fair hearing before the Board of Fire and Police Commissioners voted to terminate him. In a suit filed Friday in Cook County Circuit Court, Jenkins is asking that his termination be overturned and he be reinstated.

Jenkins was convicted in April of illegally discharging a firearm, theft and official misconduct. That stemmed from a 2001 incident in which he fired shots at a man, then took a toolbox from him but never entered the toolbox into evidence.

In the process of that case, the Illinois attorney general's office seized several guns from Jenkins' home, including several stolen guns. Some of the guns were missing from police evidence rooms.
Last month, Cook County Judge Lawrence Fox sentenced Jenkins to five years in prison, though he's also awaiting trial on the gun charges.

Jenkins claims he was in Cook County Jail when notice of his disciplinary meeting was sent, and therefore he didn't have a chance to argue his case.

Jenkins has an existing civil suit pending against the village, claiming discrimination based on false reports filed against him. 

HEADLINE: Dyer police missing drug evidence

BY LINE: TONYA SMITH-KING

DYER - Gibson County authorities are investigating drug evidence that went missing from the police department here in late March.

Dyer Police Chief Scott Deavers confirmed an ongoing probe Tuesday to determine what happened to some marijuana, methamphetamine and an untested white powder that had been placed in an unlocked desk drawer belonging to drug officer and canine handler John Grogan.

Police noticed the drugs were missing March 29 and suspect that one or more of the inmate trustees working around the police department the weekend of March 27-28, took them, Deavers said. ''It wasn't a large quantity,'' he said, adding he didn't know the exact amount.

One drug case tied to the evidence has been dismissed, Deavers said, though he said he was not certain why the case was dropped.

In the meantime, Grogan has turned in his letter of resignation. 

City officials on the advice of their attorney, Bill Barron, refused to let The Jackson Sun view the letter Grogan turned in Monday until after the Board of Aldermen meets at 7 p.m. Monday.

Mayor Sam Thompson said Grogan mentioned the missing drugs in his resignation letter, but said that it was unclear why he's resigning.

Grogan could not be reached for comment.

Grogan is now working as a part-time officer in Yorkville, Thompson said. Grogan had asked Thompson about working part-time for Yorkville while remaining an officer for Dyer, Thompson said.

Thompson had wanted to OK that with the police committee and city board because of liability concerns but no decision was ever made, Thompson said, adding that he saw Grogan on Sunday in a police car in Yorkville.

Thompson had since heard that Grogan was planning to resign. Thompson said earlier Monday, before he was aware of the resignation letter, that Grogan wanted to use what vacation and other time he had left before he resigned.

Deavers said he notified the Gibson County Sheriff's Department when police realized the drugs had gone missing. The departments then started a joint investigation, Deavers said.

The drug evidence was tied to three suspects' cases. 

''We notified the DA (district attorney general), and he told us to let the people on the bench know what was going on when it came to court, and we did that,'' Deavers said.

District Attorney General Garry Brown declined to comment on the case Friday and could not be reached Tuesday for additional comment.

One of the cases, belonging to Assistant Police Chief Brad Lindsey, was resolved because the suspect pleaded guilty, Deavers said.

The other cases were Grogan's, he added.

Deavers said Grogan told him one case was postponed until the first of June, while the other was dismissed. 

Deavers said he did not have the paperwork late Tuesday to provide the names of the suspects involved in the cases.

The police department had just moved from a building at 123 E. Maple St. to one off U.S. 45 in late March, Deavers said. The department had not yet gotten a hasp for the evidence room, he added.

So, Grogan, ''thinking they would be safe,'' put some drugs from an arrest he'd made ''in the top right-hand drawer'' of his desk, Deavers said. Grogan also asked Lindsey to put some drug evidence that Lindsey had obtained from an arrest into the desk drawer, Deavers said.

On the weekend prior to March 29, four inmate trustees from the jail were working around the new Dyer police building weeding, washing cars and cleaning up. They were in and out of the building to use the restroom, Deavers said. There were times when the officer on duty had to leave for a few minutes to go on calls, Deavers added.

Police discovered the drugs missing the following Monday, March 29. Authorities immediately got the needed lock for the evidence room door, Deavers added.

''I did notify the sheriff when I realized they were missing,'' Deavers said. ''All those parties that needed to know were informed.''

Mayor Thompson wasn't aware of the missing evidence when first contacted Monday by The Jackson Sun.

Asked whether it bothered him not to know about the case, he said it didn't.

''I'm not going to chastise them because I didn't know anything about it,'' Thompson said. ''It's not that I'm concerned or not concerned. The chief keeps me abreast of things going on.''

Thompson said police would not necessarily have had to tell him about the situation. He's not concerned with every little thing that goes on, Thompson added.

''That would not be a request of mine,'' he said. ''That's what the police department is for, and I don't get involved in a lot of their internal affairs.''

HEADLINE: Maryland State Police theft

SALISBURY -- Maryland State Police suspended their use of prison labor statewide Wednesday after a Poplar Hill Pre-Release Unit inmate was accused of stealing drugs and more than $3,000 in cash from the agency's Salisbury Barrack.

For years, low-risk inmates from Maryland's correctional system have worked at state police barracks and other places, doing public service work such as road cleanup or construction, said Maj. Greg Shipley, MSP spokesman.

"Some do work at the barracks, are out on the roads or are used in private companies," he said. 

But Lt. Col. Edwin Lashley, chief of MSP's Operations Bureau, froze the use of the inmates -- called trusties -- Tuesday after three prisoners were suspected of stealing from Salisbury's barrack.

Shipley said 45-year-old Richard C. Harris, part of the Poplar Hill unit in Quantico, was charged in connection with the theft of cocaine, marijuana and $3,150 in cash from the barrack's property room, where materials seized in police investigations are stored.

Shipley said Harris and two other inmates arrived at the barrack Saturday to clean and wax the floors. While the three men were cleaning, Shipley said, one of the inmates stole a key to the building's property room, where confiscated drugs and cash are secured.

Once inside, police said, the inmates took the cash, 4 grams of cocaine and a pound-and-half of marijuana and hid the contents in their clothes, Shipley said.

One of the inmates, Shipley said, also left the barrack to purchase clothes at a nearby store before returning.

Later that night, the three suspects were transported to the release unit southwest of Salisbury.
Shipley said troopers noticed Sunday that drugs and money were missing from the barrack. Their investigation led back to the inmates.

Harris was charged Wednesday with second-,third- and fourth-degree burglary, conspiracy to commit second-, third- and fourth-degree burglary, two counts of theft of more than $500 and two counts of conspiracy to commit theft, Shipley said.

Ironically, Harris had been scheduled to be released from prison Wednesday after serving time on a drug distribution charge, said Priscilla Doggett, spokeswoman from the Maryland Division of Correction.

The two other inmates, who police have not identified, are expected to be formally charged in the next few days, Shipley said.

As of Wednesday, only some of the marijuana and slightly less than $1,000 had been recovered, Shipley said.

Shipley said the missing evidence should not interfere with any pending cases.

Along with the criminal investigation, Shipley said the agency's Internal Affairs and Staff Inspections units are also reviewing the incident to determine any violations of rules and regulations.

"This is something we definitely take seriously," he said.

Although rare, Shipley said a similar incident involving an inmate stealing from a barrack occurred about five years ago.

Before they can work in public, Doggett said, the offenders who enter the pre-release program are screened for trustworthiness. Officials consider an inmate's criminal history and how much time has been served before awarding trusty status.

HEADLINE: Missing evidence forces Essex DA to drop case

SALEM, Mass -- Lost evidence forced prosecutors to drop a perjury case against a woman who tricked a judge into dismissing domestic assault charges against her by bringing an impostor husband to court.

Dana Darish, 29, of Framingham appeared in Salem District Court in September with Douglas Greenleaf, whom she allegedly identified as her husband, Norman Darish. Greenleaf allegedly told the judge he was invoking his marital privilege not to testify against his wife in the abuse case, and the case was dropped.

Norman Darish found about the alleged con when he called the court to check on the case.

The September hearing was held in open court in front of dozens of people, but Essex County prosecutors said they needed the tape to continue with the perjury case. In court papers, prosecutor Gerald Shea said the tape couldn't be found after an "extensive" search.

The case could be reopened if the tape is found. Norman Darish's abuse case against his wife is still pending.

Norman Darish said he was "livid" about the misplaced evidence.

"The system has failed," he told the Salem Evening News. 

HEADLINE: Police officer denies allegations of theft

Michael A. Horan was entrusted with the job of building relationships between fifth-graders and the Police Department in his hometown of Chelmsford, but police now fear their reputation could be damaged by charges that he stole money from school events.

Horan, 30, had been the town's Drug Awareness Resistance Education, or DARE, officer since 2001. He told fifth-graders at the McCarthy and Parker middle schools the dangers of taking drugs and the benefits of knowing a local police officer as they advance into their teenage years.

But he has been accused of taking money from DARE-related sporting activities and fund-raisers coordinated through the middle schools and the high school. During the time he served as the DARE officer, he failed "to turn the cash amount of these payments and donations into the police department once he collected them," Assistant District Attorney Richard C. Grundy wrote in his statement of the case, which describes the Commonwealth's allegations supporting the grand jury indictment.

The events included a raffle of a Harley Davidson motorcycle at the 2002 Thanksgiving Day high school football game, a Parker School basketball game between police and students, and DARE-sponsored weekly football games funded by activity fees paid by parents.

Horan was arraigned at Middlesex Superior Court in Cambridge on May 10 on 10 felony counts of embezzlement, eight felony counts of larceny, and two counts of misdemeanor larceny. He pleaded not guilty at the arraignment, said his attorney, Daniel Wilkins of Chelmsford. Horan was released on $5,000 bail and is scheduled for a pretrial conference on June 15.

Seth Horwitz, spokesman for the Middlesex district attorney's office, said in a May 10 telephone interview that Horan has been charged with stealing $8,000, and the investigation is continuing. Horan may face additional charges, Horwitz said.

According to Grundy's statement, the investigation was triggered when police discovered last September that money had disappeared from the department's evidence room. The statement said Horan frequently handled evidence in that room and had volunteered to organize the evidence room to prepare for the department's move to a new station on Olde North Road in April 2003.

Wilkins said he has yet to receive discovery documents from the Middlesex district attorney and was uncertain as to how much money Horan is accused of stealing. But Wilkins stated that Horan "did not take the money that he's accused of taking," and that Horan "feels he has a legitimate defense for what he's been accused of."

Grundy's statement said that Horan was gambling heavily, had at least seven loans with the Chelmsford Credit Union, purchased a $35,000 truck during his time as DARE officer, and had his paycheck reduced because of child-support obligations.

Wilkins said Horan is a divorced father of a preschooler, and confirmed that his police salary had been attached by the state Department of Revenue for child-support payments. Wilkins denied that Horan had a gambling problem. Horan lives in Chelmsford with his parents, Wilkins said-- Acting Police Chief James Murphy, the commanding officer while Chief Raymond G. McCusker is on personal leave, declined to speculate on a motive. But he said, "In my time, in 21 years, this is the first I can remember having criminal charges against a police officer related to money in the Police Department."

Lieutenant Frances X. Roark, who oversees the department's investigative services, said the investigation is ongoing and "arduous."

"It's very disconcerting," Roark said. "Here's a guy that we accepted and trusted, and he was seemingly stealing from us every chance he could."

Roark said police are now concerned that residents will lose trust in other police officers because of the allegations against Horan. "We wonder how people are going to feel when they see police at fund-raisers," he said.

But Parker School principal Dick O'Donnell, a 34-year Chelmsford educator and Horan's high school social studies teacher, pronounced faith in his former student.

"All of us are starting with the presumption of innocence as our system requires," said O'Donnell. "Just because someone makes allegations or someone is charged, doesn't necessarily mean they'll be found guilty."

O'Donnell said he remembered Horan as being a well-liked ninth-grader.

"Just about everyone knew him because he had that bright personality," O'Donnell said. "Always laughing, always smiling, always kidding. That personality carried over into adulthood, and he was extremely popular with the teachers and kids in our school."

Denise Holmes, principal of the McCarthy School, said she has overheard comments from parents that reflect loyalty toward Horan and a desire to protect a hometown boy.

"People have a very strong loyalty to this community, and they have a very strong loyalty to people who are brought up in this community," she said. "At the same time that I'm hearing those kinds of sentiments expressed by the adults, I'm hearing very little from the children. There have been a few kids who have asked questions about what happened to Officer Horan, but I think, in general, children haven't paid attention or they've asked their questions at home and their parents have handled it."

Horan, who joined the force in 1999, was placed on administrative leave with pay on Nov. 18. A grand jury returned the indictment on April 30, and he was suspended without pay on May 7.

Holmes said the DARE program is being taught by another police officer through the end of this school year. Unrelated to Horan's charges, the program is in jeopardy of ending this year because of budget cuts at the state level.

Horan must report weekly to a probation officer at the Middlesex District Court in Lowell, said a court official. He is not allowed to have contact with the Parker or McCarthy communities, including members of the parent-teacher organizations.

HEADLINE: Ex-policeman pleads guilty to theft charge

Former Fairfield police officer Cameron Cooksey pleaded guilty this morning to charges of stealing $1,484.59 on two occasions from the police department's evidence room while he was an officer assigned to investigations.

After hearing arguments from Thomas Henry Miller, special assistant attorney general for the state of Iowa, and from Cooksey's attorney, Matthew Cunningham, Judge E. Richard Meadows entered a deferred judgment, placing Cooksey on probation for a period of three years.

The deferred judgment means that if Cooksey complies with the terms of his probation, the record will be expunged and he will not have a felony on his record. Cooksey, 32, was charged with second-degree theft, a Class D felony which carries a maximum penalty of five years in prison and a $7,500 fine.

Before the sentencing, Cooksey told the judge he regretted his actions and apologized "to my family, the police department and everyone that I've disappointed."

Cooksey had pleaded not guilty at his Feb. 23 arraignment and changed his plea today.

At the beginning of this morning's hearing, the judge asked Cooksey to describe the events that led to the charge of theft being entered against him.

"I took some money from the evidence room," Cooksey said. "... I was an investigator at that time. I was responsible for filing evidence and logging evidence."

Cooksey said he took approximately $1,164 from the evidence room on one occasion and approximately $320 on another occasion. He told the judge he could not remember the exact dates.

Because an audit was going to be done as a result of policy changes in the police department, Cooksey said, he reported himself on Dec. 9 to avoid an investigation. He told the judge he went to police chief Randy Cooksey, who is also his father, to explain what had happened.

Because of the two men's family relationship, Randy Cooksey did not participate in the ensuing investigation.

Meadows questioned Cooksey's motives for coming forward if he did so only when an audit was about to take place. Cooksey said he wanted to avoid an investigation which would have affected the entire police department.

"It wasn't that I didn't want to get caught," he said. "It was that I didn't want to see an unnecessary investigation go on throughout the whole department because of what I had done."

HEADLINE: New Details in Arrest of East Texas Police Chief 

There are new details in a story we told you about last week.
Friday we told you that the Clarksville police chief had been arrested and charged with felony theft.

The city of Clarksville is putting police chief Jimmy Townsend on administrative leave pending the outcome of the investigation.

Townsend was the focus of an ongoing investigation stemming from the disappearance of a computer in his evidence room.

Since Townsend`s arrest, three city officer have resigned leaving only two left to patrol the city of 38 hundred.

Because Townsend is a police officer his charge is bumped up to a third degree felony.

HEADLINE: HERALD EXCLUSIVE;  M.E. OFFICE IN CRITICAL CONDITION; 

The state Medical Examiner's Office, which oversees vital evidence in murder cases, handles body parts and other evidence in a lax and primitive manner, says a pathologist fired soon after bringing that and other problems to the attention of the governor.

Dr. Abraham T. Philip was in the office as a contractor from October 2003 to March 2004, and also worked there from 2000 to 2002. He is the fourth whistleblower to sue the M.E.'s Office after being disciplined or dismissed, he claims for trying to reform the embattled department.
Philip's revelations, corroborated by three M.E. staffers interviewed by the Herald, include: 

- The collection and handling of evidence ``nearly guarantees'' cross-contamination of materials that are crucial for trial.

Because of the lack of lockers, Philip says, doctors regularly keep ballistic samples taken from bodies and other evidence in their offices - sometimes even taking them home - creating gaps in the chain of custody that defense lawyers could exploit.

Some photos show that clothes taken from homicide victims are placed next to each other on drying racks. The clothes were only recently safeguarded from contamination by a sheet of plastic. It is likely, Philip and others said, that DNA from one set of clothing, or from the high traffic of personnel in the evidence area, will contaminate another sample.

- The office routinely declines to probe the deaths of nursing-home residents. Philip says pathologists overburdened by some 250 to 300 autopsies a year usually refuse to have the bodies shipped to the M.E. for post-mortem exams.

``It is a gross dereliction,'' Philip said. ``We owe it to the public to ensure that those who might have unlawfully taken the life of an elder are subject to prosecution.''

- The office routinely screens the blood of victims for just a small number of drugs. As a result, Philip and others said, the office can ``miss murder cases'' in which unscreened drugs or deadly agents might have been used by killers.

``By performing toxicology for only a limited number of cases,'' Philip said, ``we may be blind to dangerous contraband drugs that can be circulating on the street.''

- The office also declines cases on the word of physicians who say the deaths are not suspicious. Philip presented the Herald with three intake forms in which the cases were declined for autopsy.

In another case, the victim was just 49 years old - but because her husband reported there was no evidence of trauma or drugs she also was rejected for autopsy.

In the third, the form showed, a 64-year-old Veterans Administration patient was declined for autopsy after dying of what appeared to be an alcohol-drug overdose.

Philip and another pathologist who recently left the office, Dr. Alexander M. Chirkov, agreed that far too many cases are rejected over the phone when they need to be investigated at the scene.

Said Chirkov: ``Many cases are rejected that would be investigated in any other state.''

- The office fails to conduct timely studies of microbes from the dead to check for such infectious diseases as hepatitis, the flu, severe acute respiratory syndrome (SARS) and the West Nile virus.

``A baby could have contracted an infectious disease in the meantime,'' he said. ``This is a major public health issue for the state.''

Under state law, the Medical Examiner's Office, through its autopsies and tests, is supposed to be a front-line state guardian against the spread of infectious agents.

- The office lacks funds and basic equipment that is common in other offices, including New York, where Philip recently worked.

Philip said on one occasion, ``blood seeped through to my underwear'' after an autopsy.

Earlier this month, Gov. Mitt Romney said the Medical Examiner's Office could be a key player in ensuring evidence gathered for a death penalty conviction would be foolproof in Massachusetts. But the office is undergoing a top-to-bottom review by a commission that is by law supposed to guarantee its proper functioning.

Three people who work in the office and who declined to be identified out of fear of retaliation said evidence areas were recently spruced up in advance of an office tour by the oversight commission.

But as one employee said, ``It's right back to business as usual.''

Chirkov, a respected pathologist, was forced out after being accused of sending the wrong eyes out for post-mortem testing - an allegation he disputes.

Philip says he was suspended for a day for getting blood on a death certificate after being bullied into signing it by the office's top bureaucrat, John Cronin, while trying to focus on a separate autopsy.

He was fired by Cronin after he sent his concerns to Romney. Philip has filed a state whistleblower lawsuit against the M.E.'s Office and a federal suit against Cronin. His attorneys are Dan Sharp and Elaine Whitfield Sharp of Marblehead.

Cronin, who runs the office along with lame-duck chief pathologist Richard F. Evans, continues to mismanage it and has yet to replace Chirkov and Philip, the insiders say. As a result, they say, more and more cases are being declined for autopsy and the morale in the office is at an all-time low.

In response to the revelations, the Executive Office of Public Safety issued a statement that said: ``While we find many of Dr. Philip's concerns unfounded, we have been working for over a year to address problems at OCME identified by our own reviews and independent auditors.''

The office also said Romney had convened ``a state commission that has been meeting regularly since January to review OCME issues.

``The governor's budget and Senate budget proposals increase OCME funding to allow them to hire additional medical staff, thus increasing their capacity to conduct autopsies,'' the statement said. ``In addition, they are pursuing a plan to open a branch office on Cape Cod to enhance their physical space. We are in the middle of an active search for a new Chief Medical Examiner.'' 

HEADLINE: Officer found guilty of embezzlement

John J. Lough, 32, who received awards for his work on the Providence police force, faces a maximum of 20 years in prison.

PROVIDENCE - A Superior Court jury yesterday found a Providence police officer guilty of embezzling from the department.

The item in question: a 1998 Yamaha minibike worth about $325.

Until his indictment last summer, Officer John J. Lough, 32, had been known by his peers as an aggressive and energetic cop. The inspector from the internal affairs unit sat on the awards committee that gave him the coveted Rhea Archambault award last year for outstanding service. 

A few months later, Lough was being investigated by internal affairs.

The testimony and evidence in the four-day trial before Judge Francis J. Darigan Jr. provided several accounts of what Lough did with the minibike.

The minibike disappeared and reappeared within hours of the investigation.

Lough said he threw away the minibike, according to his attorney, Michael Colucci of Warwick. Lough also said he left it in a police cruiser and forgot about it, according to the attorney general's office.

However, other witnesses testified that Lough kept the minibike and made arrangements with another officer to hide it in a cruiser when he heard that internal affairs was investigating, according to the case presented by Assistant Attorney General Stephen Regine.

Just before midnight on July 14, an officer stopped a 17-year-old boy who was riding the minibike on Cranston Street. The officer questioned the boy's ownership because the vehicle identification numbers had been obliterated, and he decided to seize the minibike, the attorney general's office said.

As the officer released the boy, Lough drove up and offered to take the minibike and do the paperwork. He put the minibike in the back seat of his cruiser, the attorney general's office said.

The next morning, the boy and his mother went to the police station to retrieve the bike, said Inspector Francisco Colon, head of the internal affairs unit. But the minibike had disappeared, he said.

There was no record of it at the property room, nor was any report written, he said.

The officer who had stopped the boy said Lough had volunteered to take the bike, the attorney general's office said. They searched the police station, the property room, and police cruisers, including Lough's.

Lough was home when he learned about the investigation, and he called Officer Steven Petrella, who was on duty, and arranged to meet him in Cranston, the attorney general's office said.

Petrella testified that Lough had the minibike with him when they met, and Lough put the bike in Petrella's cruiser, telling him to keep it until he could do the paperwork, according to the attorney general's office.

Lough was met by internal affairs investigators at roll call that night. He said he had thrown away the minibike after an accident involving his cruiser during a pursuit. 

"He put it in the trash, not believing anyone would claim it. He acknowledged it was a mistake to do that," Colucci said. "When he found out they were looking for it the next day, he went back and turned it in."
Lough told the investigators t
hat he had switched cruisers during his previous shift, the attorney general's office said. They checked the cruiser he said he used -- the one used by Petrella.

They found the minibike. Petrella told the internal affairs investigators it had been left in the car before he started his shift, the attorney general's office said. However, investigators had checked the trunk earlier, before word went out about the investigation, and the trunk was empty, Colon said.

Lough was indicted by a grand jury in August and was suspended without pay. The jury deliberated for two hours. His lawyer said he plans to appeal. A motion for a new trial is scheduled for June 4.

Under the Rhode Island Law Enforcement Officers Bill of Rights, the felony conviction means that Lough remains suspended without pay and benefits, although the department must still carry his medical, dental and life insurance until his appeal has expired.

"Police officers take an oath to protect the Constitution, an oath of honor, of courage, of service, and of integrity," Chief Dean Esserman said after the verdict. "And those who are found to have violated that oath and tarnish our badge are no longer welcome to stand in our company."

Internal affairs chief Colon called Lough's case "an isolated incident."

"It's not representative of the majority of the men and women in the department," Colon said.
"The majority of officers are good, honest, caring people, and even good officers make mistakes."

A sentencing date has not been set. The maximum penalty is 20 years in prison.

Police union president Sgt. Robert Paniccia said he was disappointed that the case had gone so far. He called Lough an "energetic police officer" and said other officers described Lough as an officer who motivated others.

Lough was hired in 2000 and earned commendations, including Officer of the Year and the Archambault award for outstanding service.

"He answered call after call after call," Paniccia said. "He took more than his share of responsibility."

Now, "what might have been a bad night for him has turned into a nightmare," he said.

The union president said he believed the case should have been handled within the department. He blamed politics and the new police and city administration for pushing the case.

"I think the administration may think this is a victory," Paniccia said.

"It shows they're cleaning house. They're the white knights."

Esserman said he wouldn't respond to those comments.

"I believe I speak for the men and women of the department in saying the Providence Police Department knows how to police itself," the chief said. "This case is an example of that."

HEADLINE: Special prosecutor decides not to file charges in evidence case

A special prosecutor investigating disappearance of property in the Monroe County Sheriff's Office has decided not to file charges.

Sheriff Gerald Bland, who lost the May 11 Democratic primary by three votes, said he felt vindicated by the decision.

Greenbrier County Prosecutor Kevin Hanson, who took over for recused Monroe County Prosecutor Rod Mohler, closed the two-year investigation, but criticized the handling of the sheriff's evidence room and the way the sheriff acted during his investigation. 

"It appears there were no proper policies and procedures in place for handling and storage of evidence, and that evidence was kept inappropriately and in somewhat of disarray," Hanson said. "However, although this was a bad practice, it does not appear to be a chargeable offense."

The investigation surrounded allegations that former Deputy John Farmer took firearms and other property seized during arrests or recovered from burglaries. The problems began in 1998 under former Sheriff Jerry Crosier and continued under Bland, who took office Jan. 1, 2001, according to a report by State Police 1st Sgt. T.D. Bradley. Crosier is now a member of the House of Delegates.

"During this investigation, Sheriff Bland obstructed the undersigned officer in finding information on the cases," Bradley wrote. "Sheriff Bland lied to the undersigned officer on numerous occasions about information and evidence requested."

Hanson said he decided not to press charges against Farmer because "a lot of the stuff he did was known and approved by the sheriff," which he said could be a valid defense.

Expired statutes of limitation prevented misdemeanor charges being brought against Bland, Hanson said.

"I'm glad it's over," Bland said. "They didn't find anything."

Bland attributed his primary loss to the uncertain status of the investigation.

"It hurt me bad," Bland said. "People always brought it up."

A re-count is scheduled for Thursday.