HEADLINE: Police keep bomb 1 night; Pipe device had force of firecracker

A small explosive device similar to a pipe bomb was left in the police station overnight, until higher-ups realized it needed to be detonated and called in the Massachusetts State Police bomb unit.

The device was detonated on the first floor of the police station, under sandbags. 

Police Chief Edward F. Cronin said the device -- a 6-inch-long copper tube with a wick protruding from it -- was considered harmless at first. He said its strength was similar to a firecracker, and speculated that it was made by a hunter who would have used it to scare birds.
''It didn't have any capability to do structural damage,'' the chief said.

Still, the chief said the state police bomb unit was called in to detonate it for safety reasons. The unit would not move the device and detonated it in police headquarters.

Sgt. Glenn C. Fossa said a passer-by found the device Sunday while in the area of Flat Rock Road and Prospect Street. The person brought it to police headquarters at about 4:10 p.m. Sunday, and the responding officer made a report.

The officer thought nothing of the device, considering it ''harmless,'' the chief said. The bomb was left in the police evidence room until the officer responsible for checking that room noticed it and questioned if it should have been left there.

Chief Cronin called the incident a mistake, and asked residents who find such devices to leave them where they are and call police. Police will respond to the scene and take appropriate action, the chief said.

Sgt. Fossa said members of the state police and a special agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives are investigating where the device came from. 

HEADLINE: Ex-HPD officer charged with theft for second time

A Houston police robbery sergeant who retired last month after being charged with stealing money from a candy fund-raiser display in the Westside station has now been accused of stealing evidence from HPD's property room.

David Earl Rieks, 51, was charged Tuesday with felony theft by a public servant for allegedly stealing more than $ 900 cash in marked evidence envelopes over a three-month period.

Rieks, of Katy, retired Feb. 20, two days after his arrest, but remains the focus of an internal affairs investigation. He could not be reached Tuesday. 

The property room's security was not compromised, since Rieks checked out evidence from cases he personally worked and which had been adjudicated or disposed of, said Natalie Tise, a prosecutor with the Harris County district attorney's Public Integrity Division.

In each instance, Rieks indicated on a log book he was checking out the evidence "for court," a probable cause document states. He is accused of taking $ 243.02 on Nov. 7, $ 392 on Dec. 11 and $ 284.45 on Feb. 13.

The three evidence envelopes - with various denominations written on them - were found in the back of Rieks' city vehicle on the day he was arrested last month, police said.

He admitted he had checked out the evidence while on duty and used the more than $ 900 for "personal expenses" without approval, the criminal complaint shows.

"There wasn't any breach of security there, because he checked it out via the same procedures required of any officer checking out evidence to take to trial," said police spokesman John Leggio.

Because Rieks took evidence from his own cases, Leggio said, the activity "did not seem unusual and would not be unusual."

The incidents suggest the need for closer monitoring of evidence checked out of HPD's property room, said Houston Police Officers Union president Hans Marticiuc.

Rieks, a 29-year HPD veteran, first landed in trouble after Westside station employees complained that someone was stealing money from collection envelopes during candy and snack fund-raising sales there the last two years.

Last month, a video camera caught Rieks removing $ 50 cash, then $ 13, then $ 7 from the envelopes on three consecutive days, records show. He was subsequently charged with misdemeanor theft. 

HEADLINE: APD Evidence Thefts Alleged

The state Attorney General's Office has agreed to investigate the possible theft of money and property from Albuquerque Police Department's evidence room.

And it is looking at APD's handling of its own investigation into the case.

Albuquerque's top law enforcement officials asked for the AG's help a day after they received an anonymous letter claiming police employees had stolen "thousands of dollars in cash, drugs, guns, jewelry and other high dollar items" from the evidence room and questioning APD's handling of the investigation. 

"It's been festering so long that we've had to draw a line in the sand saying something needs to be done," Nick Bakas, the city's chief law enforcement officer, said Wednesday. "We're bringing in the AG and the auditors and we'll see what needs to be done."

APD started investigating its evidence unit in August after questions were raised over the way evidence had been auctioned off.

Investigators have since discovered that other evidence may be missing, including money from the Bernalillo County Sheriff's Department.

"It's safe to say it's a significant amount of money," Sheriff Darren White said Wednesday. The sheriff's department contracts with APD to store evidence.

White said he recently met with Police Chief Gilbert Gallegos, who told him about the investigation. How much money may be missing was not discussed, he said. A team of auditors White and other law enforcement officials received the anonymous memo earlier this week.

Bakas said the memo was a factor but not the sole reason for bringing in outside help.

"We've been looking at bringing in the forensic auditors for some time," he said. "The memo had some influence, but if these outrageous allegations are out there, they need to be addressed."
The memo claims that evidence had been destroyed and that "APD management has even helped to cover up the crimes."

"There have been rumors of corruption ... " Gallegos said. "But there has been no attempt by anyone to obstruct the investigation. We have sought independent authorities to assist because we do not want accusations of a cover-up."

Gallegos said in addition to the AG investigation, a team of forensic auditors will look into whether there were procedural improprieties within APD's evidence unit.

Private forensic auditors, who collect evidence to present in court, will try to determine how much money is missing and examine how evidence is processed, Gallegos said. He said investigators do not know how much money or property is missing at this time.

Attorney general investigators will determine whether any state laws have been violated and whether there was any interference within the department concerning the investigation, Gallegos said.

Employees removed

District Attorney Kari Brandenburg said Wednesday she recalled a case where APD told the prosecutor some evidence had been mistakenly auctioned. The missing evidence did not hinder the case.

Soon, a criminal investigation was initiated.

Several months later, allegations that "some money was missing" surfaced, Gallegos said.

Several civilian evidence technicians were investigated, which resulted in Gallegos removing two employees from the evidence unit in January, Gallegos said. They were reassigned to a different division.

"We're looking into whether it was poor bookkeeping or malice," he said.

The anonymous memo criticized APD for leaving the employees in place for several months while they continued to have access to evidence while the investigation continued.

When asked why the delay from August to January in removing employees suspected in the investigation, Gallegos said, "If I knew then what I know now, I might have acted differently. But everything was done appropriately."

Said Bakas, "What could be done with the information we had was done. Civilian employees have certain rights, and policy states we have to establish proof before we can act ...

"The reason they were removed was so they were no longer in the evidence room environment," Gallegos said. "And where they were placed, they had nothing to do with the investigation and could not influence it from where they were at."

No one has been charged and APD has not yet forwarded its investigation to the District Attorney's Office, Gallegos said.

He said he has not seen proof that any evidence records are missing or have been tampered with.

"We hope to find that out during the (forensic) audit, and it could be that some documents are gone," he said.

The anonymous memo is lengthy and includes numerous detailed allegations, most of which Gallegos and Bakas disputed. Some allegations were still being investigated. 

HEADLINE: Evidence Unit Upsets Top Cop

Three Audits Detail Cash, Security Concerns

The Albuquerque Police Department's evidence unit has been a "biting issue for years," the city's top cop, Nick Bakas, said Thursday.

City audits dating back to 1999 cite lax security, cash discrepancies between accounts and problems with inventory- and evidence-keeping procedures.

APD has addressed many of the concerns raised in that audit and follow-up audits in 2001 and 2003, but some issues remain. 

New allegations have surfaced about thousands of dollars worth of missing money and property.
"Perhaps it's time for an overhaul," Bakas said following a news conference Thursday, "and time to get a smooth running engine in there."

Bakas said he hopes a new audit and an investigation the Attorney General's Office launched Thursday will identify any potential criminal activity within the unit and determine whether APD's probe into the case has been conducted correctly.

Police Chief Gilbert Gallegos said that in August a routine inspection of the evidence unit flagged concerns over evidence that was mishandled at a police auction. In the fall, allegations of missing money and property surfaced, and Gallegos ordered a criminal investigation.

On Thursday, Bakas and Gallegos held a joint news conference to defend the police department's investigation and to announce the attorney general's involvement. In addition, Bakas said the city plans to hire Maximum Security, a firm of former FBI agents, to conduct an independent audit of the unit.

Bernalillo County Sheriff Darren White and others received an anonymous memo earlier this week claiming valuable evidence has been missing for months and that APD management has covered up the problems.

Bakas and Gallegos said the memo is full of false statements but the investigation will look into every claim.

Gallegos said he does not know how much money is involved but the attorney general's investigation and the audit should flesh out answers. He also said the investigation will uncover whether any officers committed or conspired to commit any crimes.

The 1999 audit cited such oversights as leaving evidence vaults unlocked and money in open boxes in unlocked rooms.

Follow-up audits said such practices had ended.

For example, cash is now kept in a vault with a locked gate, the 2003 audit said.

Last year's follow-up audit included continued concerns that:

• Cash was not being deposited into a bank in a timely manner. APD spokesman Jeff Arbogast said Thursday deposits are being made on a weekly basis rather than letting cash languish in a vault;

 
• A $9,050 discrepancy existed between the evidence cash record and the general ledger. Arbogast said that discrepancy has not been reconciled but is being investigated;

 
• Evidence was not being properly tagged when entered into the evidence unit. Arbogast said multiple pieces of evidence are no longer being checked into the evidence unit on the same tag, which was sometimes too small to contain the required information. Now each piece of evidence is tagged and recorded separately;

 
• Someone using an evidence-unit checking account number stole $1,173.50 from the account. Police have been investigating the case and late last month forwarded a name to the District Attorney's Office;

 
• An accurate inventory of evidence was not available at all times.

APD has a new computerized system to track evidence, though it is not perfect.

Ann Talbot, APD's Scientific Evidence Division Manager, said improvements in the new system include being able to track employees looking at evidence. The system was implemented several months ago.

"The old system did not record changes to evidence or who made the change," she said. "This tracks anyone making changes or looking at evidence and is a much more secure system."
The new system had not been implemented when the 2003 audit was completed.

Talbot said some evidence might not be inventoried -- not because the item is missing, but because it was not transferred into the new database.

"To be brutally honest," she said, "it's possible some items are not recorded in the system but are in the evidence room. We had some problems transferring the data ... (but) I think it's a fabulous system that will take us into the future."

Gallegos said, "I think the system is working well, but the (new) audit will show whether it is or not and whether we need an overhaul or not." Meanwhile, defense attorney Ray Twohig said that in April and August, he sent letters to the attorney general requesting it investigate about $7,000 in gold coins missing from the evidence room. Twohig said he never heard back from the office, which Sam Thompson of the AG's office confirmed.

The evidence unit receives 40,000 to 50,000 pieces of evidence a year. Police declined to provide any details such as how much money, drugs or weapons are in the evidence room.
Bakas said there is no timeline as to when the investigation and audit will be complete. 

HEADLINE: Suspended police chief charged with threatening his wife again;

The Bordentown City police chief, on suspension to face charges that he threatened last year to use a gun to harm his estranged wife, was arrested Friday on allegations he threatened to burn down her house.

Philip Castagna, 43, was charged Saturday with harassment and the violation of a restraining order. He was released after posting $2,500 bail. 

Castagna allegedly made the comments in a courtroom while a friend was about to be sentenced for threatening to kill a former girlfriend, officials said.

Castagna was there to testify as a character witness. His wife, Joyce Leopold-Castagna, was also present.

Castagna is forbidden to have any contact with his wife under a restraining order issued in July after Leopold-Castagna told a judge that her husband had been physically and sexually abusive during their four years of marriage.

Also in July, Castagna was charged with making terroristic threats toward his wife after telling a mutual acquaintance that he was going to assault her with a firearm. About the same time, he was charged with violating the restraining order.

About a month later, Castagna filed for divorce, alleging he was the one who had been abused, both verbally and physically.

The criminal charges against him were downgraded in September to harassment and a disorderly person's offense. A trial on those charges is ongoing in the Family Division of Superior Court.
Castagna's attorney, Thomas M. Barron, is on vacation and could not be reached yesterday, his secretary said.

Castagna, who joined the city police force in 1984, was suspended without pay from his $68,000-a-year job after his arrest in July. In December, the city leveled several administrative charges and said it would move to fire him.

Castagna sued the city last week, saying he is entitled to his salary from the time the criminal charges were downgraded in September until the city filed its administrative charges Dec. 14.

In a statement yesterday, City Attorney Richard Hunt said the city "will vigorously oppose Philip Castagna's civil suit and will continue with its administrative action" to fire him.

According to court papers and information provided in Hunt's statement, the city has accused Castagna of stealing tools from the Police Department's evidence locker and $400 from a case file.

The city also says it is owed $744 from Castagna for inappropriate use of his cell phone. Other administrative charges accuse him of being involved in a theft from an auto body shop and selling an automobile with the use of a forged document. 

HEADLINE: Man accused of theft from police evidence

PHARR - A property custodian with the Pharr Police Department has been charged with stealing two kilograms of cocaine from an evidence locker. 

Julian Zapata, 30, was arrested Tuesday after police were tipped off that the drugs were missing and he was caught with them, said Police Chief Ruben Villescas. Zapata was charged with possession of a controlled substance, punishable by five to 99 years in prison and up to a $ 10,000 fine.

Zapata was free Wednesday after posting $ 80,000 bond. 

HEADLINE: Pa. trooper accused of stealing drugs is charged in more thefts;
The Chester County man is accused of breaking into residences and stealing medication.

Dozens of counts have been added to the charges against a former Pennsylvania state trooper accused of doubling as a burglar.

John Travis Layne, 31, of West Chester, waived his preliminary hearing Wednesday in front of Avondale District Justice Thomas Martin Jr., who released him on $660,000 unsecured bail. He was ordered to stand trial in Chester County Court. 

Layne, who worked for nine years as a trooper, mostly at the Avondale barracks, was arrested on Dec. 4. Initially, he faced charges in connection with four burglaries and one attempted break-in. Police said Layne admitted entering houses to steal prescription drugs.

On Wednesday, the Chester County District Attorney's Office added 43 counts of burglary and attempted burglary in connection with break-ins at 25 residences, some of which were entered more than once.

Layne was also charged with nine counts of burglary, 10 counts of theft, and related offenses in connection with the theft of narcotics from the evidence room at the Avondale barracks.

During an interview on Dec. 3, Layne told investigators he stole keys to the evidence room from a supervisor's desk and helped himself to ecstasy on two occasions, according to his criminal affidavit.

In an interview Dec. 10, Layne explained why cocaine, Oxycotin, methamphetamines, and other controlled substances were missing from the evidence room after a routine inventory check on Dec. 2, the affidavit said. Layne admitted that "there were other times he entered the evidence room... so he could look for drugs to steal," the affidavit stated.

Layne, who was suspended from the force without pay pending the outcome of the criminal case and an internal investigation, told police he cut open the evidence envelopes with a knife and sometimes combined cocaine from different bags for his own use, the affidavit said.

Another set of charges - access device fraud and theft by deception - accuse Layne of using a state police credit card for personal use. Police said the card was used to buy $649.64 worth of gasoline.

Layne's attorney, Christian Hoey, said his client had been working hard to make amends for his actions by cooperating with police and undergoing drug treatment.

"This isn't a case where the charges are contested," Hoey said. "Certainly his actions were fueled by his addictions."

Lt. Dennis Dougherty, commander of the Avondale barracks, said he believed his troopers conducted a thorough investigation.

"It's very unusual, but unfortunately things like this do happen," Dougherty said.

Dougherty called the charges "disheartening and disappointing" for the troopers who worked with Layne. For police officers, the case "adds pressure to show the public that they can trust us," he said.

"Fortunately, the public has been supportive," he said. "I think most people know this is an isolated occurrence."

The 33 affidavits on Layne reveal a pattern of burglaries that stretched from Lancaster County to Delaware County. Although Layne was in uniform, he was not usually on duty when he entered homes in search of drugs.

In most cases, the affidavits state that the homes were unoccupied. When Layne encountered someone, he would call 911 so he could tell the resident he was responding to a call.

State police set up surveillance of Layne after Sgt. Charles Wilmont of the West Fallowfield Police Department responded to a burglar alarm Nov. 21 at a home on Steelville Road.

Wilmont told police that he had been speaking with a state police officer who matched Layne's description when the call came in and that Layne had driven up from the direction of the house. 

HEADLINE: A trooper who allegedly moonlighted as a burglar

John Travis Layne, 31, of West Chester, waived his preliminary hearing Wednesday and was released on $660,000 unsecured bail by District Justice Thomas Martin Jr. of Avondale.

Layne, a nine-year veteran who worked mostly out of the Avondale barracks, allegedly stole Ecstasy, cocaine, oxycontin and other controlled substances from the evidence room. He was ordered to stand trial in Chester County Court. Layne was initially charged Dec. 4 with four burglaries and an attempted break-in.

Assistant District Attorney Ronald Yen added 43 counts of burglary and attempted burglary this week based on evidence of additional break-ins.

Layne was suspended without pay pending the outcome of the case and an internal investigation. 

HEADLINE: Ex-Island cop follows drug program; Former narcotics officer who took evidence fully complying

A former Alameda narcotics officer convicted of taking methamphetamine from a police evidence locker has been deemed by a judge to be in "full compliance" with the drug diversion program he was required to enter.

While Edward Jaime has been in the program, however, the Alameda County District Attorney's Office has had to dismiss three cases because they involved some of the methamphetamine he took.

Jaime, 39, who pleaded guilty to simple possession of 94 grams of methamphetamine, appeared Friday in Alameda County Superior Court as required by the diversion program. 

He presented to Judge Jacqueline Taber his bi-weekly drug test results and documentation showing he has attended at least three Narcotics Anonymous meetings a week during the last several weeks. Taber determined that Jaime has been fully complying.

It's very important you continue to attend the required meetings," Taber said.

Jaime pleaded guilty to simple possession of methamphetamine Feb. 20. Under the Substance Abuse and Crime Prevention Act of 2000, also known as Proposition 36, Jaime was eligible for a drug diversion program that will allow him to avoid a jail or prison sentence.

Jaime is a resident of Modesto, where he lives with his wife and eight children.

In late September, he removed the methamphetamine, which had an estimated street value of $9,000, from the station evidence locker, according to an Alameda Police Department report. As a member of the Special Investigative Unit, Jaime had unrestricted access to the evidence locker.

About two weeks later, on Oct. 13, Jaime returned all of the methamphetamine to a supervising officer except for about three-quarters of a gram. Alameda police and the Alameda County District Attorney's Office quickly began an investigation into the case. Jaime, a 19-year police veteran, resigned from the force Nov. 5.

According to the report, Jaime's home and car were searched and no evidence was found to indicate he had planned to sell the drug. Police also tested the methamphetamine Jaime returned, and there was no evidence he had taken more of the drug and replaced it with a cutting agent.

However, the methamphetamine he removed from the locker was evidence in nine different criminal drug cases. According to Alameda police spokesman Lt. Bob Cranford, six of those cases had already been adjudicated and the drug was being stored in the locker until it could be destroyed.

Three of the cases were still pending, but immediately dismissed by Assistant Deputy District Attorney John Jay because the evidence became compromised as soon as Jaime removed it from the locker.

Jay said he did not charge Jaime with evidence tampering because he returned the drug and it wasn't his intention to destroy evidence.

Jaime's statements to investigating officers, as well as statements by fellow officers in October, suggest he was a troubled man. He claimed the pressures from major financial problems made him unable to sleep. According to his supervising officer, Jaime had lost a considerable amount of weight in a short period of time and had begun to show up late for work.

Lt. Cranford said Alameda has never experienced a similar case.

"We were very disappointed. It's incidents like this that break the public trust," he said.  "However, it was an isolated incident and we handled it immediately, and Mr. Jaime is now dealing with the consequences."

Jaime, who had no comment as he left court Friday, is scheduled to appear again May 15. 

HEADLINE: State auditor probes Canton police

The state auditor is investigating allegations of missing drugs, guns and cash at the Canton Police Department, officials confirmed Monday.

"This is an investigation of some serious allegations ... and it does not end at the evidence room," interim Canton Police Chief Vicki McNeill said.

The allegations are of missing property when Luke Gordon was chief, McNeill said. Gordon left in January to become the Madison County emergency management director. 

McNeill briefed the Canton Board of Aldermen on preliminary findings.

"All I can tell you is there are thousands and thousands and thousands of dollars worth of guns, drugs and money gone," said Alderman Kenny Wayne Jones. "I was really dumfounded."

Gordon, chief for a little less than five years, said he'd heard there was an audit under way.

"I wasn't (directly) over the evidence room and really don't have a comment. To my knowledge, nothing came up missing as long as I was there," Gordon said.

Mayor Fred Esco said he asked state auditors about a month ago to investigate, after receiving statements from people who suspected evidence had been stolen. "My concern was to make sure everything was accounted for. If not, we'll have to deal with it from a legal perspective," Esco said.

An official with the auditor's office would not comment.

Among the items missing, Jones said, is a storage locker belonging to McNeill. "She had a locker with weapons in it, and the whole locker is missing," he said.

Maj. Bobby Sharp oversees the evidence room, but Gordon said at least four people had keys to the room, including himself and Sharp.

The mainframe for the Police Department's computer system and Sharp's office both are in the evidence room, Gordon said. He said he was unaware anyone other than he and Sharp had keys until he left to take the county job.

"They also got evidence stored in old jail cells. It's less than desirable to have working conditions like that," Gordon said.

Gordon said he had begged city officials for more space.

McNeill said she recently changed the locks and gave the only key to Sharp, meaning she doesn't have access.

Sharp did not return a phone call seeking comment. Both Sharp and McNeill have applied to become chief. 

HEADLINE: Judge clears officer

BY: SALLE E. RICHARDS

Elmira police sergeant will remain on paid suspension during internal probe.

A Chemung County judge Thursday dismissed a grand jury indictment that accused an Elmira police sergeant of stealing cash and falsifying records in the department evidence room.
Judge Peter C. Buckley based his opinion on two points:

• A defense motion argued that solid evidence against Sgt. Joseph J. Miller Jr. was lacking.

• Miller took a polygraph test at the court's suggestion and the results showed he was telling the truth that he did not steal the money nor know who did, Buckley said.

Miller, accused of taking $13,000, has been on paid suspension since November 2002.
He was indicted in August on seven charges: two counts of fourth-degree grand larceny; two counts of third-degree grand larceny; two counts of first-degree falsifying a business record; and petit larceny.

Elmira Police Chief James D. Waters, in a prepared statement, said the department will move forward with its administrative investigation, and Miller will remain on paid suspension until the matter is concluded.

"The proceedings today do not bring this matter to an appropriate conclusion, and the police department will move forward to insure that the answers the community deserve are answered," Waters said in the release.

Later, Waters said he would not elaborate on his statement because the administrative investigation is continuing.

The charges stem from four incidents where money in evidence bags didn't match the amounts that were indicated on the outside of the bags.

The indictment came from a second county grand jury. The first grand jury that considered the case didn't indict Miller.

Miller's attorney, Ithaca lawyer Raymond Schlather, filed a motion to dismiss in January. He included information about missing money in the city police department that state police investigators had questioned Miller about, but Miller was never charged with stealing it.

Schlather discovered the missing money was turned into the city chamberlain's office by another officer, demonstrating that the department had misplaced money by sloppy procedures rather than anyone stealing it, he said.

Buckley said, in researching Schlather's motion, he learned that polygraph results, while not allowed during a trial, can be considered in a motion to dismiss.

Buckley offered Miller the opportunity to voluntarily take a lie detector test. He agreed and a Syracuse polygraphist, Michael S. Carbery, was selected and approved by the defense, prosecution and the court, Buckley said.

The results of the two tests showed that Miller was telling the truth when he said he didn't take the cash, didn't help anyone else take it and didn't falsify business records, Buckley said in court.

Buckley, who said he was dismissing the indictment in the interest of justice, noted in his written decision that paperwork written by Miller that should have accompanied the missing money was missing from city police files. But Miller had made copies and forwarded it to Chemung County District Attorney John Trice's office, a practice Miller had adopted while in the Drug Enforcement Unit and advocated by Trice, Buckley wrote in his decision.

Buckley said it seemed inconsistent that Miller would make copies for the DA's office if he was deliberately destroying police department documents relating to the same cases.

Miller is also the one who noted what the amount of money was supposed to be in the evidence bags. Buckley also said it seemed unlikely that he would take money out from an evidence bag and then put on the bag what the right amount of cash in the bag was supposed to be.

Buckley said that, in his opinion, Steuben County District Attorney John Tunney, the special prosecutor in the case, would not have enough evidence to establish that a crime had been committed.

Buckley said that there is:

• Legally insufficient evidence to show that Miller is the one who committed the crimes charged.
• Some doubt whether missing funds were stolen or whether they were lost or improperly documented.
• Evidence Miller is being truthful in his denial of guilt.

"I know he didn't do it," said Miller's grandmother, Mary Ann Schaar. "He's wanted to be a cop since he gave up on playing for the New York Yankees."

Police Benevolent Association President William Bresser also spoke out on Miller's behalf calling for the department to immediately reinstate him to active duty.

"The PBA feels the judge's 24-page decision says all that needs to be said about the case," Bresser said.

Bresser noted that the police union is down on manpower, morale among officers is low and keeping Miller's suspension in effect is a disservice to both Miller and the citizens of Elmira who need the department to use its full resources.

"The case is a completely circumstantial evidence case. There is, so to speak, 'no smoking gun' in this case." - Chemung County Judge Peter C. Buckley in his decision to dismiss indictment against Sgt. Joseph J. Miller Jr.

Here are some excerpts of key points in the decision announced Thursday by Chemung County Judge Peter C. Buckley to dismiss the indictment charging Elmira Police Sgt. Joseph J. Miller Jr. with grand larceny and falsifying business records.

• The case is a completely circumstantial evidence case. There is, so to speak, 'no smoking gun' in this case. The first irregularity was discovered when officers took the bags of money to the bank, cut them open and found the amounts in the bags were not as represented on the evidence tags."

• "In some cases, the only existing records which show Sgt. Miller's involvement with the money during the processing of cases exist because Sgt. Miller made copies of the original documents and forwarded them to the district attorney's office for inclusion in their files. The original documents, which should be located in the police department, are also missing in those instances."

• "Sgt. Miller has maintained his innocence throughout the investigation and has consistently continued to do so before this court. There is no confession by him to any of the criminal acts. There are no witnesses who saw him take any of the money. There is no evidence which would show his possession of the funds or unusual spending of extraordinary funds on his part."

• "According to (the polygraphist's) report, the main issue under consideration was whether or not Joseph J. Miller Jr. was telling the truth when he claimed that he had no guilty knowledge of, nor was he in any way, fabricating his version of case facts accusing him of larceny of various monies taken from suspects under arrest by the Elmira Police Department.

• "There were definite indications of truthfulness when Miller answered 'no' to the following pertinent test questions:

" Did you help someone steal cash from Elmira Police Department suspects?
" Did you steal cash from Elmira Police Department suspects?
" Did you steal cash and falsify business records at the Elmira Police Department?
" Did you steal seized assets from the Elmira police property area?"

• Given the circumstantial nature of the evidence, the court has serious concerns that the case would not survive a motion for a trial order of dismissal as provided in the criminal procedure law."

• Miller testified that he does not gamble or smoke, rarely drinks and maintains reasonable debt levels. There was no evidence that he has spent extraordinary amounts or has been living above his legitimate means.

• On the issue of how the police department handled the case of missing money and if there was any exceptionally serious misconduct, Buckley wrote:

"There has been no such misconduct. Once the problems were brought to the attention of the Elmira Police Department, officials took all necessary steps to professionally investigate the situation and correct the problems."

• Out-of-town state police investigators handled the investigation, so that the perception and fact of the investigation would be 'above board.'

• "The police department has taken steps to alter and tighten procedures. The department has challenges regarding its physical plant, being split between various locations and having its evidence storage areas moved several times.

• "The actions of the police department, following the problems coming to light, have been appropriate and commendable."

• "In the opinion of the court, a trial would not result in a verdict against this defendant and would further strain the morale of the police department. Unless some person provides a confession, we are unlikely to know the complete facts of this situation. It seems apparent that adjustments in police procedures were required, and in fact, changes have been made. It is unclear whether the problems were the result of poor procedures/sloppiness or of dishonesty."

For the full text of the judge's decision, go to www.stargazette.com. You will need Acrobat Reader to open the file.

HEADLINE: Police officer dismissed from department

A 14-year veteran of the police force was dismissed Thursday after violating department rules on securing firearms as evidence.

According to police files, Michael Underwood, who joined the Bradenton Police Department March 19, 1990, was fired after having four suspensions within a 24-month period.

"The record speaks for itself," said Chief Michael Radzilowski. "It wasn't just one thing, but a combo of things over the years." 

Department regulations stipulate if an officer receives four suspension within a 24-month period he or she could be subject to being fired.

The final incident that brought about Underwood's dismissal occurred on Jan. 6 when during a home invasion investigation he failed to properly secure a pellet gun that he placed in the evidence property room, according to a police disciplinary report.

When the crime lab detective took the weapon out for processing, the gun went off, lodging a pellet in the wall, according to the report.

"Our goal is to try and give our officers an opportunity to succeed," Radzilowski said, "but eventually the department has to make a tough call and let an employee go. It's not an easy thing to do, but we have to look out for the benefit of the city."

Underwood's personnel file showed he was counseled on his conduct on March 3 in regard to a case he was investigating.

According to the file, Underwood responded to a battery complaint on Nov. 30, but failed to interview the complainant.

In his report he wrote that the complainant did not want to file charges, but another officer on the case stated otherwise.

An internal investigation found that the allegations against Underwood were not supported, but Maj. J.J. Lewis overruled the report and questioned Underwood's testimony.

Underwood has the opportunity to appeal his firing to a merit board or go to arbitration.
If he is a member of the union representing police officers in the Bradenton department, he would have an attorney provided to help in his appeal, according to Mick McHale, president of the Southwest Police Benevolent Association.

"The union will review the allegations and provide legal counsel to appeal the decision," McHale said, speaking in general terms because he was not familiar with Underwood's specific case. Underwood could not be reached for comment.

HEADLINE: New justice 

State-of-the-art facility to host two upcoming events As Broken Arrow voters prepare to decide the fate of a new slate of bond projects May 11, a tangible reminder of the city's last bond issue is about to be officially unveiled.

Residents can get their first glimpse Friday inside the new, much-anticipated Broken Arrow Criminal Justice Center, which will soon house all the Broken Arrow Police Department's operations.

To help introduce the $4.4 million facility, the center will host Slumber in the Slammer, a benefit for the Special Olympics and Broken Arrow's Citizens Police Academy Alumni Association, Friday, followed by a free open house April 2.

By the second week of April, the department hopes to have transferred much of its operations to the 24,000-square-foot site, which adjoins the previous headquarters at 2302 S. First Place. 
"The place is undergoing inspections now and we've still got a lot to do after that, so we're kind of in a holding pattern," Maj. David Adair said. "We'll still have to hook up the phone system and some of the audio visual systems, and bring in the furniture."

For years, operations have been divided between the headquarters and Broken Arrow City Hall -- a distance of about two miles.

With space rapidly diminishing at City Hall, voters approved the project through the city's 2000 bond issue, allowing the department to upgrade its services and combine everything under one roof -- including a new jail, booking area, crime lab, evidence room, municipal courtroom and a health-and-fitness area.

The groundbreaking was held in January 2003. The project was paid for through the bond issue and sales tax revenue.

At 6,500-square-feet, the new jail will accommodate 32 prisoners, Adair said, much more than the current 13.

The prisoner cells are state-of-the-art, with collapsible clothes hooks, and telecom, so prisoners can talk to jail personnel at the push of a button.

The jail area also has openings in the ceiling to let in air and light and an exercise yard, where prisoners will spend time every day.

The main control room features video terminals where officers can monitor what's going on in various parts of the facility simultaneously. A control panel allows them to lock and unlock cells and other areas, which they previously had to do by hand.

Jail Supervisor Mike Varela will staff the control room, switching off with two other jailers.
"I'm kind of overwhelmed," he said of the new center. "If you've seen what we've got now, it's the difference between night and day."

Formerly, evidence and unclaimed property were stored at City Hall. The new evidence room is twice as large as the old one.

The new crime lab will replace the one previously housed in a converted City Hall conference room.

The center also includes a court clerk's office and a courtroom, which can be converted into a public meeting area. All municipal court sessions will be transferred to the new facility from City Hall, where they've been held in the City Council chambers.

For the first time, officers will have their own exercise room, to which they'll have 24-hour access.

Previously, officers had to exercise at local gyms, working their hours around them as best they could.

Capt. Mike Clark has spent 21 years with the department and knows well the problems of having a department divided between two locations.

"The man hours alone we're going to save may be the biggest thing," Clark said. "It'll be much more convenient having everything under one room. Having the jail and property room in a separate facility, we spend a lot of time running back and forth. Every time you make an arrest, several trips are involved."

For the first time, the department will have a nurse on staff, for two hours at a time, three days a week.

"Jail standards require that when you have a prisoner, within 48 hours they have to be screened by an LPN," Adair said. "Now we'll have one here and won't have to take them to Broken Arrow Medical Center, unless there is an emergency."

Visitors will have the chance to view the facilities at either the Slumber in the Slammer fund-raiser or at the April 2 free open house.

Slumber in the Slammer will feature live bands, hors d'oeuvres from area restaurants, demonstrations by the K-9 unit and special operations team, and tours of the new center.
Each arriving guest will undergo a mock arrest, complete with booking and mug shots.
Police Chief Todd Wuestewald will speak at 9 p.m.

HEADLINE: LAWYER INDICTED FOR MONEY LAUNDERING

A federal grand jury Tuesday charged Memphis lawyer Scott Crawford - already facing federal bribery charges - with laundering profits from drugs stolen from the Memphis police evidence room.

Also indicted Tuesday was the civilian employee hired in December 2000 to rectify sloppy record-keeping and security lapses in the property and evidence room.

Crawford, 34, is accused of funneling drug money through his private law firm for accused drug dealer Patrick Maxwell. In one transaction, more than $81,000 in drug money was allegedly laundered through Crawford's account. Maxwell was indicted in September in a conspiracy to sell drugs stolen from the property room. 

Crawford allegedly received the tainted money from an intermediary, bought cashier's checks and delivered them to Maxwell's account.

The indictment does not name the intermediary.

Crawford also was indicted Tuesday on separate charges of pocketing money from state funds earmarked to pay medical bills of crime victims. In three instances, checks from the Criminal Injury Compensation Fund were converted to cash. All three payments were for more than $10,000. Crawford allegedly took 25 percent of the payment in one instance.

No one else has been charged in that alleged scheme.

Also on Tuesday, Jay T. Liner, the former civilian head of the property and evidence room, was indicted on a charge of possessing a handgun stolen from the facility.

Tuesday's indictments put Crawford at the intersection of three major criminal investigations - one involving a rap singer charged with shooting a Shelby County sheriff's deputy, a second case involving gang leaders attempting to bribe cops, and the ongoing investigation into theft of drugs and other valuables from the police department evidence room.

Crawford was indicted earlier this month on charges of trying to fix criminal cases by offering bribes to a Memphis police lieutenant posing as a crooked cop.

Those cases involved the alleged head of the local Gangster Disciples, Jeffrey Holliday; the alleged head of the Vice Lords, Eric Holley; and New Orleans-based rap star Tab 'Turk' Virgil.
Crawford also was charged then with trying to frame another gang leader by having drugs and an illegal gun planted on him.

A lawyer in Memphis since 1995, Crawford has served numerous times as a special judge in General Sessions Criminal Court.

The investigation of Crawford began when Virgil was charged with wounding an officer serving a drug search warrant at a Hickory Hill apartment.

An informant in that case, questioned after the shooting, expressed fears that his "thug" attorney (Crawford) would learn of the cooperation, and leak that information to gang members.

The informant's tip evolved into a sting operation in which Memphis police Lt. Jeff Clark posed as a cop on the take and documented bribes paid by Crawford to affect the attempted-murder case against Virgil and gun charges against Holliday and Holley.

The property and evidence room investigation, begun separately early last year, culminated in late September when property-room manager Kenneth Dansberry was arrested. He told federal agents about massive thefts of drugs and money from the evidence room.

He said he had stolen so many times "that I can't remember." Dansberry has pleaded guilty in that case, and named others allegedly involved in the thefts.

Dansberry and another civilian employee were charged with stealing drugs - in one case 10 kilograms (more than 22 pounds) - from the facility and selling them to Maxwell, a former property-room employee.

When Dansberry and others were arrested in September, more than a $1 million in cash was taken from Dansberry's home and car. So much money was sitting in his Cordova home that it had begun to grow mold, federal agents said.

Five days after Dansberry's arrest, Liner surrendered to the FBI and turned over items stolen from the property room, among them a pistol, a Rolex watch, golf clubs, laptop computers and champagne.

Liner had been brought in to tighten controls in the evidence room in early 2002, following a state audit detailing security breaches.

"Things have improved 500 percent since Jay Liner took over as manager, his boss, Insp. J. D. King, said at the time.

NEW CHARGES

A federal grand jury returned two indictments Tuesday resulting from the investigation of thefts of drugs and other property from the Memphis Police Department property and evidence room:
Memphis lawyer Scott Crawford was charged with violating the money-laundering statutes and the bank-larceny statute. He was previously charged in a separate case with obstruction of justice, bribery, firearms and drug offenses.

Jay T. Liner, a former civilian manager in the property and evidence room, was indicted on charges he possessed a firearm stolen from the property room. 

HEADLINE: Ex-cop says he didn't help wife in business

A retired Atlanta police major insisted Wednesday he broke no laws and had little to do with his wife's company that helped people collect seized money from the department's property room.
In high-stakes testimony, John Woodard took the witness stand in a federal corruption trial and repeatedly denied violating his police oath or turning over confidential information.

Woodard and his wife, Debra, face 38 counts of conspiracy and mail fraud. Prosecutors contend that John Woodard, when he oversaw the Atlanta Police Department property unit in the early 1990s, illegally supplied his wife with names and information to help her asset-recovery company. 

Prosecutors allege that the former high-ranking officer failed to get APD to notify people that their money was sitting in the property unit and instead helped his wife set up R.A.P. Ltd. so she could charge a fee for helping people get their money back. All defendants and crime victims had to do was show up at the property unit with correct identification.

Testimony in the case showed that R.A.P. collected more than $700,000 from the property unit over a 10-year period beginning in 1992.

Woodard, who retired in October 2002 after 29 years on the force, said he initially resisted his wife's involvement in the business.

"I really wasn't excited about it," he testified. "I didn't want her going out and meeting the people. . . . We'd locked some of them up."

Woodard testified that in early 1990, too many people were showing up at his office complaining that their money was missing in the APD property room. In response, he began an audit of the property room, which at the time stored its information on 4-by-6-inch note cards.

Woodard said he took the note cards home to keep his audit secret. "We didn't know where the problem was," he testified. "I didn't want anyone to know yet what we were looking for."

But when his wife established R.A.P., he acknowledged, she got much of her initial information from his audit. He insisted that none of the audit's information was confidential.

During cross-examination, Assistant U.S. Attorney Richard Langway reminded John Woodard of earlier testimony by a former business associate who said it had been Woodard's idea for his wife to start the business.

Langway then showed what he called the "gold mine" --- a printout of more than 1,600 names of people who collectively had more than $790,000 in the property room. The information came from a computer disc found at the Woodards' home, the prosecutor said.

Langway also showed Woodard lists of names compiled by his wife for her business and which had instructions for her husband. "You had nothing to do with the business?" Langway asked.  "No, sir," Woodard replied curtly. The jury is expected to begin its deliberations today.