HEADLINE: Former Lake City officer pleads guilty

Atlanta Journal-Constitution Staff Writer 

Former Lake City police Sgt. Steve Ray has pleaded guilty to four felony counts of theft by taking for stealing weapons from the evidence room he managed and trying to sell them at a Clayton County pawn shop. Ray was caught when two guns that were used for evidence showed up an area pawn shop.

Ray was sentenced Wednesday to serve five years on probation. He was ordered to pay $1,200 in restitution and his peace officers certification was revoked for life. In addition, he was ordered to pay a monthly probation reporting fee of $29.

Lake City Police Chief Don Colwell said Ray resigned shortly after he was charged three months ago.

HEADLINE: Evidence and drug case go out window 

Charged with possessing baggies of crack cocaine, Gerald Evans wrote long pleadings in his defense and had four lawyers representing him at different times, but he got perhaps the most help from the Sheriff's Department.

Bexar County employees in the department's property room destroyed and auctioned items that authorities said linked Evans to the drugs, a goof that gave federal prosecutors last-minute cold feet.

So, instead of going to trial this week, Evans and co-defendant David Lee went free after the case was dismissed on the eve of a final pretrial hearing — a decision that irked deputies who conducted the investigation. "This is one of the hardest things I have had to do," Assistant U.S. Attorney Joe Sepeda said. "I lose sleep thinking about this."

More than 90 percent of San Antonio's federal cases end with convictions, but others — 53 out of nearly 700 to date in 2003 — quietly implode when doubts, complications and errors crystallize over time.

Hobbled by bureaucratic hiccups and second-guessing, the cases disappear from the dockets without explanation. And defendants like Evans — a 40-year-old who twice before had state drug charges dismissed because of insufficient evidence — don't look back.

Evans' attorney, John Convery, called the recent investigation sloppy and described the dumping of the 18-month-old case as a courageous decision. Evans, meanwhile, attributed the dismissal to heavenly wisdom, not human error.

"God don't make no mistakes," Evans said.

Sheriff's Deputy Chief Ruben Garcia acknowledged the department erred and that the system needs to be fine-tuned, although he couldn't address whether safeguards have been added.

At the same time, Garcia said the error shouldn't have been fatal to the prosecution. He emphasized another federal prosecutor knew about the missing evidence but intended to go to trial until she took another job.

When that prosecutor left the office, the case went to another lawyer and then to a team of two assistant U.S. attorneys, including Sepeda.

Sepeda declined to discuss his analysis of the case's weaknesses. But his supervisor, Assistant U.S. Attorney Greg Surovic, said two prosecutors reviewed the case and each concluded the charges couldn't be proven beyond a reasonable doubt.

Unconvinced, Garcia wants local authorities to refile the case in state court, where it started before it was passed to federal authorities. "We can still proceed with the case because we still have all the dope," Garcia said.

The baggies of pale crystals were found Feb. 19, 2002, when deputies, led by a tipster, searched Room 152 of the Quality Inn & Suites on Interstate 35 North.

The bundled rocks weighing 241 grams carried a potential prison term of 10 years to life for Evans. But before authorities could convict, they needed to connect him beyond a reasonable doubt to the drugs.

One hitch was that deputies found three people in the room, including Evans and Lee. Two other people may have left shortly before the raid.

Furthermore, the room was registered to Kathleen Neumann, who initially claimed in a sworn statement that Evans knew nothing about the drugs, although she later recanted that statement after she was indicted.

Evans told the officers he just was just visiting the room.

Deputies, however, said they found a prescription bottle bearing Evans' name in a nightstand drawer and another in a portable safe that also contained a pistol and mail addressed to Evans.

They said keys to the safe were in Evans' pocket, his phone service receipt was in the room, and while Neumann's name was on the registry, men's clothes hung in the closet.

But when Evans' defense lawyer, who later withdrew from the case, went to review the evidence last year, the prescription bottles and the mail were destroyed, the safe auctioned off and the clothes gone.

Without them, defense lawyer Convery, who was appointed to the case early this year, said it would be impossible to challenge allegations that the items in the room and closet belonged to Evans.

An inquiry revealed the employees in the Sheriff's Department's property room actually had followed orders.

While the federal government handled the prosecution, the state had sought forfeiture of the property seized during the hotel bust, including two cars and a stereo.

When the forfeiture ended in November 2002, the sheriff's employees checked their computer. They saw that state prosecutors had declined to prosecute Evans and Lee.

Nothing indicated the case was alive and in federal court.

HEADLINE: Bellevue chief says station conditions are 'deplorable'

Suitcases, beer kegs and bicycles - evidence that will help solve crimes in Bellevue - are stacked in an often-flooded basement.

 Marijuana bongs are behind doors. Boxes and bags perched on shelves reach to the ceiling, violating fire codes. A fire exit is blocked with boxes and backpacks. 

 Employees are afraid to defrost the refrigerator that holds DNA and rape kits. What if it doesn't come back on?

 The Bellevue Police Department's evidence rooms are examples of what Chief Hines Smith calls "the most deplorable station I've ever seen in my life."

 Smith wants the city to build new quarters for the Police Department. A committee was recently formed to look into construction.

 "Do we have a choice?" asked Mayor Jerry Ryan. "Absolutely not.  There isn't a choice when safety is involved."

 Smith said he'd go to work as LaVista police chief in a second - just to work in that city's new police facility. Papillion also recently hired a contractor for a $ 3.3 million police facility.

 As those suburbs have grown, so has Bellevue. And cramped quarters are a result.

 In 1979, Bellevue had 29 officers and about seven civilians working in the current space, part of the city hall building in Olde Towne. Almost 25 years later, about 100 people - including 83 officers - work for the police.

 Over the years, the lack of space has forced employees into two satellite locations. Records and criminal investigations are in a location near police headquarters. Community policing is at the Southroads Mall.

 Separated officers, Smith said, make communication and management difficult.

 An outside consultant in January 2001 agreed. Operating a police facility in three locations creates problems between units, the consultant's report said.

 The consultant also found that parking for fleet vehicles and employees is limited. The consultant agreed with Smith's idea that the Police Department needs to be more centrally located.

 Smith and Ryan both said they'd look to build at a city-owned parcel of land at 36th Street and Capehart Road. Until then, though, the existing quarters will have to do.

 Police dogs are caged in kennels in the hallway. Lieutenants are on the opposite side of the station from the sergeants they supervise. Officers store their street clothes in wooden lockers.

 Meetings are held in hallways. Bicycle equipment is stored on top of pop machines. Child safety seats are stacked in the halls.  Ammunition is piled into a storage room.

 When it rains, police employee Kelly Sobilo spreads a garbage bag over a filing cabinet holding crime scene photographs to make sure that leaking water doesn't destroy the pictures.

 Sobilo said she often fears being hurt in a fire or by lugging kegs of beer down rotted stairs to the storage area.

 "But what are you doing to do? Somebody's going to get hurt someday and it's not because the city doesn't know."

HEADLINE: Two police supervisors indicted

Two veteran Memphis police supervisors were indicted Wednesday on charges they took more than $148,000 in hush money to keep quiet about property room thefts. 

The indictments bring to five the number of current or former property room workers linked to a cocaine ring with ties to North Mississippi and Atlanta.  Sixteen people - including alleged drug dealers - were indicted in September. 

The two-count federal indictment returned late Wednesday afternoon accuses Jacqueline Layrock, 39, and Alnita Campbell, 42, of conspiring with another property room supervisor, Kenneth Dansberry, in the thefts. The women used the money - drug proceeds and stolen cash - to pay their bills and car notes, the indictment said. 

Property room supervisor Dansberry, 41, and Carl Edward Johnson, 42, an inventory clerk, were indicted in September for financial crimes related to property room thefts. 

A police property room is where drugs, cash and other items seized in criminal cases are stored, as well as other evidence, like weapons.  Authorities say drugs and cash from the property room were going out the back door to drug dealers, one of them a former property room worker living in Atlanta.  More than $1 million in cash was confiscated from Dansberry's home and car in a September raid. Other raids turned up 29 vehicles, jewelry, cash and mansions. 

Last fall, police said Dansberry and Johnson had been suspended pending an investigation and state audit of the property room.  Wednesday, police spokesman LaTanya Able referred questions about Layrock and Campbell's status to the FBI.  FBI spokesman George Bolds declined comment about the latest charges. 

In Wednesday's indictments, grand jurors said Layrock, a 19-year Police Department veteran, and Campbell, a 21-year-worker, used their positions to "execute and conceal" thefts of money in police custody.  Through 2002 until Sept. 30 of this year, the two women worked in the property room. 

During that period, Dansberry was involved in a scheme to steal cocaine and marijuana from the property room, the indictment says. 

In September 2002, Dansberry gave Layrock and Camp bell about $100,000 from the sale of property room drugs. Dansberry's intent was to keep them silent in the event of an investigation.  Later, the indictment said, the two women and Dansberry took more cash - the amount isn't listed - from property room vaults. 

In March 2003, Dansberry, Layrock and Campbell stole and split another $30,000 from the property room vault, the indictment said.  Sometime after that, the indictment says, Layrock and Campbell swiped and split another $18,000. 

HEADLINE: Evidence Missing

A Big Island judge won't dismiss murder charges against Tetsuya "Grizzly" Yamada over allegations police failed to maintain possession of the alleged murder weapon.

In February 1999 Yamada was convicted of manslaughter for the 1996 shotgun deaths of 50 - year - old Carla Russell and 23 - year - old Rachel De Cambra. The Hawaii Supreme Court overturned the conviction last year because of improper jury instructions and ordered a new trial, which is scheduled for next month.

Earlier this month a court clerk testified that she discovered in August the shotgun allegedly used to kill the two women was missing from the Circuit Court's evidence room in Hilo. 

Dennis Nojiri, an evidence custodian for the Hawaii County Police Department testified in a court hearing Friday that the weapon was accidentally turned over to police without the proper paperwork.

"It was an error on the court clerk's part and on our part - the court clerk for giving it to us without proper paperwork and our fault for accepting it," Nojiri said.

Nojiri said he doesn't know exactly when police received the shotgun. He said he found it Aug. 20 in the Hilo police station's evidence warehouse.

Lt. Edwin Tanaka, the former lead investigator in the case, said after he testified in Yamada's first trial he turned the Remington Model 700 12 - gauge shotgun over to a court clerk. According to the receipt, he gave it to her Jan. 11, 1999.

Friday in court Tanaka slipped on some rubber gloves, cut open a box, removed a shotgun and compared it to a property and evidence receipt. The serial numbers matched except that the one on the gun's frame ended with the letter "V," while the one on the receipt ended with "Y."

During questioning by Deputy Prosecutor Kevin Hashizaki, Tanaka said the gun also had a tag attached to it indicating it had been introduced into evidence at Yamada's first trial.

Both Hashizaki and Yamada's attorney, Gerard Lee Loy, agreed, however, that the gun's barrel can be detached.

Lee Loy renewed his request for the judge to throw out the case against his client. "They have not presented you with enough to establish that this is the gun," he said.

Nakamura denied the request. "There is no evidence to justify the suggestion that there was a replacement or modification of the barrel," he said. "The suggestion that a barrel can be removed doesn't mean it was in this case."

HEADLINE: Man sues over withheld evidence

A Multnomah County man has filed a federal lawsuit against prosecutors and police, alleging they withheld and destroyed evidence that could have aided his defense on an attempted murder charge.

Matthew Kleinman was arrested seven years ago. During his trial, his defense lawyers argued he was acting in self-defense when he shot a man who was assaulting him with a 40-ounce beer bottle outside a Portland convenience store.

Kleinman now says his right to a fair trial was compromised because two key pieces of evidence were withheld. 

A surveillance videotape seized by police that apparently caught the alleged assault and shooting was never turned over to Kleinman's defense team. The videotape was later destroyed by police as a motion for a new trial was pending.

A police report that Kleinman's alleged victim had used a 40-ounce bottle as a weapon in the past, smashing it over someone's head, also was not disclosed by Multnomah County prosecutors.

In the lawsuit, Kleinman's attorney, Steven Sherlag, wrote that the actions of the prosecutors and police caused his client to be wrongfully convicted and jailed.

Norm Frink, Multnomah County's chief deputy district attorney, acknowledged that mistakes were made and steps have been taken to ensure they don't happen again. But he denied allegations of impropriety.

"Mr. Kleinman was treated extremely fairly. Even though this evidence was destroyed inadvertently, and even though it probably would not have helped or hindered him, we erred on the side of caution and dismissed the case," Frink said.

Kleinman, who had just turned 17, was riding in a car with two friends when they drove into a 7-Eleven parking lot. Kleinman stayed in the car when a store patron, 19-year-old Junior Vaoiva, walked out, carrying a 40-ounce bottle of beer.

Vaoiva got into an argument with Kleinman. He rushed the car and threw the full 40-ounce bottle of beer at the passenger-side window, smashing it. Kleinman, seated inside the car, fired three shots at Vaoiva, striking him twice.

That night, a Portland officer learned the store had a video surveillance camera pointed toward the front door and parking lot. Police logged the tape into the bureau's property evidence room, and the officer also wrote a one-page report documenting the tape's seizure.

But when Kleinman went to trial, the videotape was not disclosed to defense attorneys.

A Multnomah County jury convicted Kleinman of attempted first-degree assault and second-degree assault in February 1997. Before his sentencing, Kleinman fled and wasn't captured until four years later in Texas.

A new team of defense lawyers took over Kleinman's case and filed a motion for a new trial. They argued that Kleinman's initial defense attorneys were incompetent and that prosecutors withheld important evidence about his alleged victim's prior assault with a bottle.

On Dec. 12, 2001, the trial court judge ordered a new trial.

As Kleinman's lawyers prepared for a new trial, a defense attorney's investigator sifted through Portland Police Bureau records and discovered that police had reviewed and seized a videotape from the 7-Eleven store the night of the shooting.

Defense attorney Emily Simon's investigator further learned that police had the tape destroyed in October 2001, as the motion for a new trial was pending.

The state dismissed the attempted murder and assault charges against Kleinman and prosecuted him for absconding and failure to appear in court. He served 14 months in prison.

Frink had one of his prosecutors and investigators conduct their own inquiry into why the videotape was not turned over, and why it was later destroyed.

The investigation found that prosecutors and the lead detectives were not aware the videotape existed and essentially blamed the foul-up on poor Police Bureau record and evidence handling.

HEADLINE: Investigators look for drug thief in Pikeville Police Department

Investigators are looking into the apparent theft of drugs and money from the Pikeville Police Department's evidence locker, Mayor Frank Justice II said.

"It's been turned over to the Kentucky State Police," Justice said. "At this time, it's out of our hands."

Police Chief Larry Sanders said his department is fully cooperating with investigators.

Former Pikeville Police Chief James Justice, now head of security at Pikeville Methodist Hospital, said an unspecified amount of money disappeared from the evidence locker more than a year ago. The prescription drugs were taken about six months ago.

"That's when we knew we had a problem," said James Justice, who retired earlier this year.

The mayor declined to comment on the status of the investigation, as did Captain Mike Reichenbach, commander of the state police drug investigations branch in eastern Kentucky.

Pike County Commonwealth's Attorney Rick Bartley said he was contacted about six months ago and informed of the missing drugs. Bartley said the pills were evidence in only one case, which has been put on hold until the state police investigation is concluded.

"I don't think it affected any other cases except that one," Bartley said. 

HEADLINE: APD Evidence Handling Under Review 

Chief: 'We're Looking At Potential Violations'

Mysteries are afoot in the Albuquerque Police Department evidence unit.

First, more than $1,000 was stolen from a police bank account.

Next came the disappearance of gold coins. 

Most recently is the question of who, if anyone, has been mishandling evidence.
Chief Gilbert Gallegos said this latest inquest is in its infancy, and no one has been accused of a crime.

"We're looking at potential (Standard Operating Procedure) violations," he said. "We're looking at how evidence is handled. We know the personnel who handle evidence, and we'll look at who is responsible if there is any mishandling of evidence."

That could mean anything from theft to poor record-keeping, Gallegos said. He said he could not be specific because the issue is classified as an internal personnel matter.

About three weeks ago, internal investigators conducting a routine and periodic review of the evidence unit's procedures found "possible SOP violations," Gallegos said. That discovery launched the inquiry, he said.

If criminal activity, such as evidence theft, is found, the police will forward the investigation to the Bernalillo County District Attorney's Office, Gallegos said. Nick Bakas, the city's chief public safety officer, said Tuesday he had no knowledge of the investigation.

Meanwhile, Deputy Chief Greg Sanchez said detectives are getting closer to wrapping up a separate investigation also tied to the evidence unit.

He said detectives have a suspect who they believe used phony checks and bank card transactions to rip off the police department for almost $1,200. That person's name is not being disclosed.

A city audit in July revealed that someone in September 2002 netted $1,173.50 from a bank account used by the evidence unit to return money that had been confiscated in connection with cases. Gallegos said Tuesday that the suspect acquired the bank account number and reproduced the checks.

He said the suspect is not a city employee.

Sanchez said the case will be forwarded to the District Attorney's Office for prosecution within 30 days.

Attorney Ray Twohig said Tuesday he has had problems with clients' evidence disappearing after being taken in by the evidence unit.

For example, a 1999 search warrant affidavit said police took into evidence $12,400 in gold coins from a safe deposit box belonging to Bill Miller. Twohig said about $7,500 worth of the coins was discovered missing from an evidence locker earlier this year.

Miller was accused of helping to kidnap and kill Girly Chew Hossencofft in 1999. He was never indicted on murder or conspiracy charges, but did plead no contest in July to tampering with evidence. He has been released from jail after spending almost five years behind bars.

"Whatever coins remain should still be in the locker," Twohig said. "The others still have not been retrieved."

Gallegos said Tuesday night he was unsure about the status of that investigation but would look into its progress.

Gallegos said the most recent investigation has nothing to do with the gold coins, and as of Tuesday no employees in the evidence unit had been disciplined or fired.

"We're looking ... ," he said, "but we may find nothing wrong."