HEADLINE:  Execution halted for DNA tests 

DATELINE:  McALESTER, Okla.

The scheduled Thursday execution of a convicted Oklahoma killer was delayed so DNA tests could be run on missing evidence that was found less than 24 hours earlier in a locker at a district attorney's office.

Robert William Clayton, 39, was to receive a lethal injection at 9 p.m. CST in the first of eight executions scheduled this month in Oklahoma. He was sentenced to die for the June 25, 1985, killing of 19-year-old Rhonda Kay Timmons in her Tulsa apartment. 

Lt. Gov. Mary Fallen issued a 30-day stay after missing evidence was discovered Wednesday in an evidence locker at the district attorney's office in Tulsa. "The state of Oklahoma would be acting irresponsibly if we did not examine this evidence," she said. "I am a supporter of the death penalty, but we do not want to execute an innocent man."

Gov. Frank Keating, who was at the FedEx Orange Bowl in Florida, said he agreed with Fallen's decision to delay the execution. Officials said it would probably take up to five days to complete the testing. If DNA tests confirm Clayton's guilt, his execution would be rescheduled.
Clayton's attorneys asked in October for the testing under a new state DNA testing law but the evidence could not be found. The request was renewed last month before the State Pardon and Parole Board but it did not have the authority to order it.

The bloody sock, overalls and a knife turned up Wednesday in an evidence locker in the district attorney's office less than 24 hours before Clayton's execution, officials said. The overalls had been washed, but they said a sample could be obtained from the other items.

Attorney General Drew Edmondson was confident the testing would confirm Clayton's conviction and the execution would be rescheduled.

"The evidence against Mr. Clayton is compelling and included confessions he made both to law enforcement personnel and his own friend," he said.

HEADLINE:  Two More Ex-Lawmen Indicted In Piketon 

DATELINE:  Piketon, Ohio

Two former police chiefs have been indicted on felony charges, adding to a string of indictments and convictions among lawmen in this small Pike County village. 

Nathaniel Todd Boothe, 24, of Ironton and James Rider, 42, of Beaver pleaded not guilty to unrelated theft charges yesterday in Pike County Common Pleas Court and were released on their own recognizance. 

Indictments and personnel shake-ups are not unusual at the Piketon Police Department, which currently has one full-time officer -- the others resigned in December. Still, Mayor Carl Irvine remains optimistic.  "I don't think we have a problem maintaining our police department,'' Irvine said.  Boothe and Rider top a growing list of former Piketon officers indicted on felony charges since 1998. Two former chiefs were convicted on unrelated felony charges in 1987. 

Boothe is accused of taking about $ 600 from the police department's drug- enforcement fund while he was chief. The charge, a fifth-degree felony, carries a sentence as long as one year in prison.  He also is accused of taking marijuana from the police department's evidence room, a fourth-degree felony. 

Rider is accused of stealing about $ 10,000 from the local firefighters association's bingo game in 1996 and 1997 while he served as the group's secretary. It is a fourth-degree felony that carries a sentence as long as 18 months in prison. 

Both were indicted by a grand jury in November, but the indictments remained sealed until the two were arraigned yesterday.  Boothe is a former Oak Hill police sergeant who served as Piketon's chief for one year in 1999-2000.  Rider is a former Piketon village councilman and Pike County deputy sheriff.  He ran for sheriff in 1996. He resigned from the council about a year ago when he moved from Piketon to neighboring Beaver.  He was a Piketon police officer for several years in the 1980s and served as acting chief in 1986 and 1987, according to village records. 

Piketon, a village of about 1,800 people in central Pike County, is located roughly 65 miles south of Columbus.  Before Boothe's arrival in April 1999, Timothy L. Blakeman served as acting chief, but was disciplined and demoted. 

After his demotion, Blakeman, 35, and officer Jerry Seymour, 26, were indicted on felony charges of theft in office and receiving stolen property. The two allegedly stole a light bar from a State Highway Patrol cruiser in February 1998.  In an agreement, they pleaded guilty to misdemeanor charges of obstructing official business and received suspended jail sentences. 
In 1987, Earl Johnson, another former Piketon chief, pleaded guilty to stealing $ 1,494 from the police department in 1986. He was placed on probation and ordered to repay the money. 
That same year, former acting chief Richard F. "Pete'' Blakeslee pleaded no contest and was found guilty of gross sexual imposition involving a 9-year- old girl. Blakeslee was sentenced to a year in prison and served about three months before being granted shock probation. 

Pike County Prosecutor Robert Junk said the police department will rebound. "They have always had problems down there,'' he said. "But Boothe is not a reflection on the other officers. If it were not for the other officers, this (indictment against Boothe) never would have seen the light of day.''  Boothe had excellent references and his background was thoroughly checked before he was hired in 1999, Irvine said. 

Boothe worked as an officer in Oak Hill for about 3 1/2 years before he was hired as Piketon's chief. Since he resigned, he has returned to Lawrence County to live with his parents. He attends Ohio University, where he is majoring in electronic media.  "It appears I am probably going to be out of law enforcement,'' he said before his court appearance yesterday.  Rider would not comment. 

Boothe resigned as chief last April at the request of village officials, one day before his probationary period was to end.  He was replaced by Eugene Secrest, who was promoted from patrolman to serve as interim chief. Secrest held the position until Dec. 23.  "It wasn't working out and he (Secrest) resigned,'' said Anthony Moraleja, the village's attorney. "He had some shortcomings, but the officers were loyal to him. They were friends of his. When he went, they went, too.'' 

Irvine said five of the department's seven officers and dispatchers turned in resignations Dec. 27.  Everett Bennett, the lone remaining full-time officer, was promoted to captain from sergeant and is running the department, Irvine said. Additional part-time officers were hired last week and the department is functioning normally, Irvine said. 

HEADLINE:  Two Jailers Appear In Court On Drug Charges 

VINITA -- Two former Craig County jailers appeared in court Thursday on charges of helping a prisoner steal marijuana from an evidence room and then take the drug into the lockup late last year.  Kathy Lee Mayberry and Mary Elaine Wilson both are charged with drug and conspiracy charges. They will return to the courthouse March 1 for a sounding docket. 

Both women were arrested in December on accusations that they helped convicted drug manufacturer Phillip Lee Moreland bring marijuana into the jail for a party with other inmates in November and December.  Wilson, 33, also is charged with encouraging and allowing Moreland to break into the evidence room by taking the door off its hinges. 

Moreland then allegedly stole some marijuana from the room and brought it up to other prisoners, according to the information.  ''It was some old evidence that had been there a long time,'' Craig County Assistant District Attorney Wade Fathree said.  Mayberry, 20, is charged with delivering marijuana to another prisoner, according to the information. She either allowed or brought drugs into the jail on three occasions, the counts allege. 

A Vinita police drug dog and officers found about 3 pounds of marijuana during a December sweep, according to a news report. A small plastic bag with methamphetamine residue and a syringe also were found, the report said.  Moreland pleaded guilty Nov. 30 to an unrelated drug manufacturing charge. He is in state Department of Corrections custody, while Mayberry and Wilson are free on bail. 

The alleged drug conspiracy happened during the administration of former Sheriff George Vaughn, who ordered a sweep of the jail after being tipped off by another inmate. New Sheriff Jimmy Sooter, who defeated Vaughn during an August primary, took over the jail last week.  Fathree said he did not know why Mayberry and Wilson would risk their jobs and criminal charges to become involved with Moreland in the alleged drug conspiracy. 

He also did not know the nature of the relationship between the jailers and Moreland. Rod Walton, World staff writer, can be reached at 581-8457 or via e-mail at rod.walton@tulsaworld.com. 

HEADLINE:  Misconduct cases make "bad year" for BR police 

DATELINE:  Baton Rouge LA.

Stealing evidence. Sex with hookers. Lying in court. Maybe murder. All by Baton Rouge Police officers.  Six city police officers were arrested last year. Four more were fired and two others resigned to sidestep termination. One former officer was convicted of public bribery. 

It was an unusual year for police misconduct in Baton Rouge, a year that seems more suited for New Orleans, Miami, New York or Los Angeles.  Police Chief Greg Phares said he can't explain what happened but has tried to deal with each case as it has arisen.  "We don't ignore anything or sweep anything under the rug," he said. 

Police union president Noel Salamoni said the scandals have made it difficult for good officers to do their jobs.  "I think the public loses respect for police officers when those things happen," he said. 

Lyle Johnson, who represents police officers on the Municipal Fire and Police Civil Service Board, said he has been surprised by the problems, but thinks the Baton Rouge Police Department is, for the most part, made up of good officers.  "I just think it's been a bad year," he said. 

Phares, who leaves office Jan. 18, said he is trying to make sure serious disciplinary matters are wrapped up before the end of his tenure as chief.  Investigation of officer misconduct and discipline are among his most important functions, he said.  They certainly monopolized his attention last year. 

Phares suspended nearly 30 officers for everything from preventable wrecks to sexual misconduct.  Salamoni complained that Phares has become a more severe disciplinarian as embarrassing incidents have continued to come to light.  "The punishments have gotten harsher as the year has gone on," he said.  Some officers also believe discipline has been inconsistent, that Phares gives lighter punishments to his friends or to those in investigative divisions rather than patrol, Salamoni said.  Johnson said he hears the same kinds of complaints.  "Most officers that I talk to think that Greg Phares is unfair in the way he punishes officers," Johnson said, explaining that they believe the "good old boy" network is at work in punishment and job assignments. 

Phares flatly denies such favoritism.  "It's not true," he said.  Phares said he tries to take into account the officer's entire career and the circumstances of the incident in deciding discipline. 
"Everything is a judgment call," he said. I tried always to make a fair decision."How the officer behaves during the investigation and a predisciplinary hearing before Phares also means a great deal. 

"Attitude is a lot," the chief said. "Some people come in here and save themselves. If somebody comes in here and lies about something, they get no consideration."  Some of the year's most serious cases involved improper handling of evidence. 

In March, Sgt. Robert McGehee and Cpl. Tommy Morrison were arrested for allegedly stealing guns from the Police Department's evidence room in 1994 and 1995. They were later fired and await trial. 

Phares said at the time of the arrests that evidence room security had been improved after McGehee and Morrison left the division.  However, in 1998, a drug dealer bribed a student worker to steal a gun from the evidence room and bribed an officer to steal other evidence. Daryl Davis, the officer, was convicted in September of public bribery and obstruction of justice.  In some cases, evidence problems compromised criminal cases. 

Sgt. Ernie Brewer, whose work led to arrests of the owners and some dancers at Sugar's strip club in March, got a three-day suspension for giving an informant secret police information.
Although police officials would not discuss details, Brewer's conduct apparently led to the dismissal of the charges against the Sugar's defendants. Defense attorneys said they would raise issues of misconduct if the case went to trial. 

In August, Officer Jeffrey Webb got a 15-day suspension for lying in court in a case in which he arrested his ex-girlfriend's new boyfriend, according to his suspension letter. Webb testified that he had found a crack pipe during the investigation, but admitted to Phares later that he had not. The case against the man he arrested was dismissed. 

HEADLINE: Former guard allegedly used hanger to steal cocaine from evidence room 

DATELINE: NASHVILLE, Tenn. 

A former Tennessee Bureau of Investigation security guard has been charged with stealing 50 pounds of cocaine from the agency's headquarters, according to TBI officials. 

Jody Mark Tolar, 27, allegedly used a coat hanger on two separate occasions to gain access to the evidence room where the drugs were located, TBI agent T.J. Jordan testified Tuesday in Davidson County General Sessions Court.   Jordan also testified that Tolar told officials that he took some marijuana in the first week of his employment at the TBI building last fall. 

TBI spokesman Mark Gwyn refused comment on Tolar's apparent easy access to the evidence room, or on whether the agency had tightened security.  "I can't get into (talking about) the security of the building," Gwyn said. 

Tolar was fired last year by U.S. Security company after the TBI learned he had charges of reckless driving and unlawful use of drug paraphernalia pending in Davidson County Circuit Court. U.S. Security is a private company hired by a Florida firm that is contracted to provide various services to the TBI building. 

Officials did not discover the cocaine was missing until Tennessee Highway Patrol officers came to the building Jan. 3 to pick them up for a trial, Jordan said. The officers had seized almost 100 pounds of the drug from a vehicle passing through Dickson County on Interstate 40 last year. 

The new $20.5 million TBI building was dedicated last September. TBI Director Larry Wallace has called it the flagship of the criminal justice system in Tennessee.