March 5, 2007 Monday 

HEADLINE: Bill boosts oversight of police seizures

Iowa lawmakers concerned over alleged abuses in Dallas County are poised to close a loophole that has allowed law enforcement agencies to seize and keep private property without independent oversight.

A bill working its way through the Legislature would require a judge to review police agency seizures of more than $500 in cash or property.

Senate File 175 originated at the Iowa attorney general's office and is backed by the state sheriffs' association. It passed in the Senate on a 47-0 vote Wednesday. Debate is expected by the House Judiciary Committee early this week. "The whole impetus for this is to ensure that there's more oversight and accountability," Assistant Iowa Attorney General Thomas H. Miller said.

State authorities say the proposed law is a direct response to a pending theft case against former Dallas County Sheriff Brian Gilbert that involves the alleged disappearance of $120,000 in seized money from a March 15, 2006, traffic stop. A state audit later determined that another $60,765 in cash was missing from the county's evidence room.

Gilbert, accused of felony theft, repeatedly has denied that he took money and has said that the audit is flawed. Court papers filed last month ask a judge to block the audit from being used as evidence in Gilbert's trial, which is scheduled for April 3.

The former sheriff said Friday that he supports tighter laws on seized money. Gilbert said his department bypassed the drug forfeiture law only because state and county authorities advised him that it didn't apply to abandoned property.

Dallas County records show the sheriff's department under Gilbert seized roughly $1.75 million in cash and vehicles between 2002 and 2006. Roughly $1.3 million of it involved "disclaimer" waivers, whereby motorists stopped along Interstate Highway 80 with large amounts of cash were allowed to sign away any claim to the money. Many then left without criminal charges.
A Des Moines Register review of court files last year showed that Dallas County pocketed at least $380,000.

The forfeiture process, invoked most often in suspected drug cases, requires court approval before law enforcement agencies take permanent possession of what they seize. Forfeited cash and cars are turned over to the attorney general's office, which keeps 10 percent of the value and returns the rest.

Supporters conceded that under the proposal, agencies would keep 100 percent of seized and abandoned property if a judge rules that the forfeiture process is inappropriate. But, they said, at least someone would be watching.

"There isn't any one absolute way to prevent crooked people from being crooked," said Sen. Herman Quirmbach, an Ames Democrat who was on a subcommittee that approved the bill.
"But I think any process whereby there is some third-party oversight and some sort of paper trail as to who got what and when, I think that at least gives us a better handle on the situation," Quirmbach said.

Iowa authorities, who say disclaimer waivers were seldom used outside Dallas County, hashed out the new law in behind-the-scenes talks with law enforcement officials over the past year.
"It was a no-brainer that we would support something that tightens the process," said Sue Cameron, lobbyist for the Iowa State Sheriffs and Deputies Association. "Probably 98 percent of the counties were going through forfeiture just for that reason - they wanted that accountability."

Reporter Jeff Eckhoff can be reached at (515) 284-8271 or jeckhoff@dmreg.com

March 6, 2007 Tuesday Main Edition

HEADLINE: Hard time for Mason - Former city prosecutor gets 3 to 10 years Mason will serve the sentence after he finishes a separate one - to five-year sentence, meaning he could be jailed until 2021.

Few people showed up to Kimball Mason's sentencing hearing Monday, a stark contrast to the full courtroom that was the scene at his first sentencing last spring.

No fellow attorneys, relatives or community members got up to plead leniency or testify that Mason's ploys to steal from the Idaho Falls Police Department evidence room were out of character. Instead, the only people who talked were his attorney, Ron Swafford, and Deputy Attorney General Jay Rosenthal.

And unlike before, Senior District Judge William Woodland did not treat Mason as a would-be one-time offender.

The ex-Idaho Falls city prosecutor received six concurrent three - to 10-year sentences, meaning he'll serve at least three years in prison before he's eligible for parole. That sentence, however, won't begin until after Mason serves his first one- to five-year sentence, which he could complete May 30.

After that date, the state parole commission will determine whether Mason has successfully completed his first sentence and should begin serving time on his second one. The commission could make Mason serve all five years of his first sentence, though, meaning his second sentence wouldn't start until 2011.

Woodland's ruling adheres to a plea agreement Mason signed Jan. 29 in which he agreed to plead guilty to two counts of grand theft for stealing guns and to four counts of falsifying public documents for using judges' signature stamps without permission.

At Mason's first sentencing hearing May 30, 2006, seven people testified on his behalf and mailed 14 letters to Woodland, all of which were lavish with praise.

At Monday's proceeding, only Swafford spoke, saying Mason asked his family not to testify because he didn't want to hurt them any more. His immediate family wasn't at the hearing.
Swafford, though, spoke for 40 minutes about how much good Mason has done for the community and society, saying he has done more "than most people ever will."

Woodland wasn't swayed, telling Mason he had countless opportunities to reverse his direction once he started down a criminal path.

"Of course, the most obvious one was at the time of sentencing in the other case," Woodland said before he issued his judgment. "The fact of the matter is you had an opportunity to square things and take your punishment and soon be a free man. And now that tragically will not occur."

When Mason was first sentenced nine months ago to serve 180 days in a minimum-security prison, he agreed to come clean about all the guns he had stolen from the IFPD's evidence room.

But three days later, on June 2, 2006, police raided his home and found nine guns Mason swore he'd destroyed.

"He looked you in the eye and he lied to you," Deputy Attorney General Jay Rosenthal said to Woodland, referring to Mason's remarks to the judge at the first sentencing. "He's still a trained lawyer, and he knows what it means to look at a man sitting on the bench in a black robe and lie to him. Mr. Mason started lying from day one."

Mason, who was stoic for the entire two-hour hearing, said he didn't disagree with Rosenthal and understands the severity of the crimes he committed.

"When people ask why, I wish I had a good answer," he said. ""I've asked myself every day, every hour, every minute why I've thrown my life away over some worthless junk.""
Cops and courts reporter Nick Draper can be reached at 542-6742.

''I know sometime you think about what your legacy will be, about what your children will remember you for and others that had known you in life. I know what mine will be. I'm the criminal lawyer. My name and my face is the poster boy for public corruption. I understand that and I accept that." Kimball Mason former Idaho Falls city attorney

Defense wish list:
  1. Mason serves time in Bonneville County Jail.
  2. Mason granted work release.
  3. Mason continues counseling.
  4. Mason able to make money to support his family.
  5. Mason made available to speak to bar associations and law students about ethics.
  6. If above provisions aren't acceptable to court, Mason should serve a two- to 10-year sentence.

Prosecution wish list:
  A three- to 14-year sentence

Judge's ruling
  A three- to 10-year sentence

Deputy Attorney General Jay Rosenthal:
''Kimball Mason is no different than 99.9 percent of those other individuals who are involved in public corruption."

''I've known Kimball Mason for 25 or more years. I take exception to the idea that Kimball Mason was a great prosecutor or a great city attorney. He certainly, as a city attorney, was abysmal. He didn't keep files. He didn't deal with any     normal procedure. He cut deals    willy-nilly mostly for his own benefit. He was a lazy, inept city attorney."

Defense attorney Ron Swafford:
''I think his mind was mush at that time." (Referring to Mason's statement that he'd been truthful about the whereabouts of all the guns he'd stolen.) ''He's been excommunicated from his church. That hurts him deeply." ''Basically, your honor, he's lost everything of any value to him."

March 6, 2007 Tuesday

HEADLINE: Audit criticizes former clerk; It says Butler violated procedure on cash

A legislative audit released Monday alleges the former New Orleans clerk Of criminal court improperly deposited evidence money into a bank account for her office's use, did not keep required receipts for many credit card purchases and possibly violated the state Constitution by using government money to create a community outreach program.

Criminal investigations into similar accusations against Kimberly Williamson Butler was closed last fall with no charges against her.  But state Legislative Auditor Steve Theriot continued a probe into utler's office, focusing largely on key decisions she made after Hurricane Katrina flooded the court's evidence room.

One focus included Butler's decision to deposit $364,665 worth of money collected as evidence in criminal cases into a bank account. The report noted that state law allows money used in a court case as evidence of a crime to be spent by the local government after a case has been closed for five years. But Butler never got the necessary permission from Mayor Ray Nagin to take the money and use it to run her office, the report concluded.

Since the news about the depositing of the evidence money came to light last spring, her attorney, John Reed, has said the cash was only from closed cases.  On Monday, Reed said the report validates that claim and does not mention any instances were Butler's staff deposited money from open cases.

"It is established now that all the money was from closed cases. It didn't interfere with anything," he said.  Reed added that Butler followed the traditional practices of the office in depositing the evidence cash from old cases. The report noted, however, that in the past the clerk typically got the mayor's permission to use old evidence money for the office's expenses.

But when Butler asked for such permission at the end of 2004, she never got an answer from Nagin's office, where she worked for almost a year as chief administrative officer, from May 2002 until April 2003. Butler was elected clerk in the fall of 2003 after being forced out of her position as the mayor’s top aide.

The report also found that, from February 2004 until May 2006, the clerk's office made 279 credit card purchases worth $41,804, but provided the auditor with receipts to support only 75 of those transactions. Reed said all the purchases were business-related. Reed also defended Butler's creation of the "Clean Slate Program," which was geared toward helping people clear their criminal records and become more productive citizens. The audit report fond that the use of $7,085 worth of the clerk's office money to support the program could be prohibited under the section of the Louisiana Constitution governing use of public funds. "That was a well-intentioned program to help people," Reed said. "It Seemed to be in the purview of her position."

After a tumultuous reign as clerk of criminal court, a job that includes running elections in Orleans Parish and presiding over documents and evidence used in court, Butler last year decided not to run again, instead throwing her hat into the ring in the mayor's race. She pulled in just 797 votes in the primary and has since receded from public life.

After Katrina, questions began to surface about Butler's handling of the evidence room cash, as well as a contract she signed with a company to clean up the evidence room and its contents, which were inundated with floodwaters.  Butler signed an $8 million deal with a Florida company with no track record of document remediation. The company, Bio-Defense America, received a payment of $200,000 in December 2005 without an invoice or documentation of the work it performed, according to the report. The contract was canceled by a 4th Circuit appeals judge, former Clerk Ed Lombard, who was appointed by the stat Supreme Court to take over the cleanup of the evidence room. He hired another company hat handled the job for $3.6 million less.

In October, a state grand jury declined to indict Butler after District Attorney Eddie Jordan's office presented a case for malfeasance in office charges against the former clerk.   Jordan's office had declined to specify the scope of the investigation, but Representatives of Attorney General Charles oti acknowledged that they were looking at both the evidence room and contract with Bio-Defense. A spokeswoman for Foti's office said the day after the grand jury action that his probe was also closed.

The state legislative auditor investigates the practices of state and local government agencies, but does not have any authority to prosecute officials. The report was referred to Jordan's office, according to the document. 

March 8, 2007 Thursday

HEADLINE: Charges say officer stole $3,400, then lied about it;

'Happy Cop' resigns from job after arrest

A veteran Jacksonville police officer whom family members nickname "Happy Cop" stood solemnly before a federal judge Wednesday after being charged with theft and lying to FBI agents in a police sting.

John Leon Hairston, 36, is accused of stealing $3,400 from two vehicles that were used in the undercover sting after Jacksonville police were tipped that Hairston had been staling money from drug dealers during traffic stops, police said.

Hairston, a 10-year veteran, resigned from his patrolman's job after his arrest. He was released on $10,000 bail and is scheduled to be arraigned Friday. He faces up to 15 years in prison if convicted.

The initial sting involved stealing $1,270 from a rental vehicle set up and put under surveillance by the Sheriff's Office integrity unt on Feb. 12,
according to police, the indictment and testimony in federal court.

The money was in the center console of the vehicle and was not turned I to the Sheriff's Office property room after Hairston searched the vehicle, the indictment said Hairston was called to the vehicle as part of the sting, police
said.

The FBI joined in the second sting, during which $2,137 was taken from a stolen car searched by Hairston on March 1, the indictment said. That money was in a shoe box in the vehicle and was not turned in to the police property room. He was also caled to that vehicle as part of the sting.

Police said they suspect Hairston has been involved in other thefts but provided no details. Police also said they think he acted alone.  Hairston denied stealing the money when questioned by the FBI. A federal grand jury indicted him on charges of theft and lying to federal officials involving the theft of money while under color of law. During his appearance before U.S. Magistrate Howard Snyder, Hairston spoke softly and said little. When Snyder asked if Hairston had anything to say before he set bail, Hairston replied, "I'm no risk to anyone."

Hairston declined to comment as he left the federal courthouse with two of his sisters and his pastor. Hairston's sister, Seketa Culver, said she was numb after watching her brother appear in court. Culver said her brother loved being a police officer, which is one reason the family nicknamed him "Happy Cop."

"This is not his character," Culver said. "He takes his job very seriously."

Sheriff John Rutherford said he was saddened by he arrest of a police officer but praised his department and federal officials or ferreting out corruption when necessary.

"To wear this badge is a privilege," Rutherford said. "For those proven not to be worthy, they will lose it." Police were unable to say whether Hairston had been disciplined or received any accolades because his personnel file was unavailable Wednesday.

March 20, 2007

HEADLINE: Additional guns missing from Dayton police property room

DAYTON, Ohio - Five guns are missing from the police property room, according to a department audit conducted after the chief said an officer shot himself with a gun stolen from the room.

The missing guns were scheduled to be destroyed. The department plans to hire an independent firm to conduct an audit to determine how the guns disappeared and to improve property room policies, Chief Julian Davis said.

"We have to have tighter control over our property room when it comes to evidence that was to be destroyed," he said.

Davis has said he does not know why officer Donald Fink, 31, a five-year department veteran, shot himself in the stomach March 13 while on patrol.

Fink was wearing a bulletproof vest and not seriously injured. He told investigators that he saw a shadowy figure in his car's rearview mirror, got out of the vehicle, happened upon the suspect and was shot.

Fink was assigned to the property room between Feb. 19 and March 5, Davis said.

Fink was in custody Tuesday in Montgomery County jail. He was being held in lieu of $1 million bond on charges of grand theft, theft in office, inducing panic, making a false alarm, falsification and tampering with evidence, a jail officer said.

Information from: Dayton Daily News, http://www.daytondailynews.com

March 21, 2007 Wednesday 

HEADLINE: MONEY LOST FROM EVIDENCE ROOM PROMPTS PROBE

The police department is conducting an internal investigation after several thousand dollars was found to be missing from its evidence room, a problem that could go as far back as 1989, officials said. 

The department learned of the missing money after a national accreditation agency conducted an audit of the police department in 2005, officials said. Since then, the department has taken steps to prevent future problems in its evidence room and now is conducting an investigation to determine what caused the problem in the first place.

Police Chief James Berry said the internal investigation is looking into the possible long-term mismanagement of the department's evidence room and record-keeping.

"We are doing a full audit of every piece in there,'' Berry said Tuesday. "The record-keeping was not great.''

He couldn't say how much money is missing or how long the extensive audit will take, but he said he may seek to boost the hours worked by the part-time evidence technician.

General Manager Scott Shanley said that the accreditation process examines all the department's policies and procedures and once the police department's record-keeping was determined to be poor, the department changed its procedures and record-keeping last year.

"The other thing that was done within that realm was to no longer hold cash in the evidence room but to deposit it and we worked out an arrangement with a local bank to do that,'' said Shanley, who wouldn't name the local bank.

Shanley said the department gets audited for an accreditation about once every three years, so the department was audited in 2005 and at least three years before that, but he didn't know the exact year.

"[It's] disappointing that the first time around this wasn't addressed but the second time around it was ... That's not to say that it wasn't pointed out to the leadership of the department [the first time],'' Shanley said. "I'm not looking to blame anybody at this point. I'm looking to do what we've done, that is to say find the problem, fix the problem and do the inventory.''

He said that the poor record-keeping may make the root of the problem hard to trace.
Contact Regine Labossiere at rlabossiere@courant.com.

March 24, 2007 Saturday

HEADLINE: Drug theft charges added A former Pottawattamie prosecutor faces nine more counts in the missing evidence case.

COUNCIL BLUFFS -- Nine new charges were filed Friday against a former assistant Pottawattamie County attorney accused of mishandling evidence from drug cases over a two-year period.

In a court filing, the Iowa Attorney General's Office accused Jeff TeKippe of stealing a total of 297 grams of cocaine (more than half a pound) and 37 grams of marijuana. The office added nine charges to TeKippe's case. A defense attorney representing TeKippe did not return a call Friday seeking comment. A trial was scheduled for May 30. TeKippe, 45, was arrested last month on three charges – felonious misconduct in office, second-degree theft and possession of a controlled substance.

On Friday, the Attorney General's Office added eight more counts of theft, as well as one more count of felonious misconduct. The alleged offenses took place between February 2005 and February 2007. Seven of the charges are felonies and five of the charges are misdemeanors.

The most serious charge is first-degree theft. That's in connection with the theft of 200 grams of cocaine and 10 grams of marijuana evidence, with a value of more than $10,000, on Nov. 1, 2005. That charge is a class C felony punishable by up to 10 years in prison.  The six other felonies each are punishable by up to five years in prison..  It appeared from the filing that at least nine different drug cases were involved. A spokesman for the Attorney General's Office said he could not elaborate on the filing. The attorney general is prosecuting the case because TeKippe worked in the County Attorney's Office.

The criminal investigation began two months ago after two employees in The County Attorney's Office found drug evidence in TeKippe's office, according To court documents from his arrest. The evidence was supposed to be kept in the evidence room of the Council Bluffs Police Department when not being used for official court purposes.  The evidence had been checked out by TeKippe on Aug. 8, 2006, and returned the same day, according to arrest documents. But TeKippe also checked out the evidence on Sept. 22, 2006, and did not return it.

After being discovered in January, the evidence was retested. One evidence bag that previously had tested positive for cocaine later contained what was believed to be flour. It was concluded that more than 50 grams of cocaine was missing.  The evidence tag on the retested bag was not the original tag. Investigators think that TeKippe put a different tag on the evidence and signed a lab technician's name to it. A search of TeKippe's home in February found several small plastic bags containing white powder residue that tested positive for cocaine.

The two counts of felonious misconduct stem from allegations of falsifying evidence records from September 2006 to January 2007.  TeKippe had worked for the County Attorney's Office for 10 years, handling mostly felony drug cases.

Pottawattamie County Attorney Matt Wilber declined Friday to comment on The new charges.   "Since I am a witness, it would be inappropriate for me to comment," Wilber said. In the Friday filing, Wilber is listed as a witness, along with three other employees in the County Attorney's Office.