Pubdate: Wed, 10 Apr 2002
Source: Mobile Register (AL)
Copyright: 2002 Mobile Register.
Contact:  http://www.al.com/mobileregister/today/
Details: http://www.mapinc.org/media/269
Author: Connie Baggett

JUDGE THROWS OUT TWO DRUG CASES

Conecuh Deputies Conducted Improper Searches, According To Ruling

EVERGREEN -- Charges against two men accused of drug trafficking in 
separate videotaped, highly publicized arrests will be thrown out because 
officers -- led by Conecuh County sheriff's deputies -- entered both 
residences without proper no tice, according to judges' rulings.

The district attorney has said appeals of the rulings are unlikely.

District Judge Jeff Brock ruled Tuesday that officers took about five 
seconds to exit their vehicles, run to the porch, knock the door in and 
arrest James Odom in February 2001. State and federal law mandates officers 
serving a search warrant must knock and announce their presence and ask to 
enter private residences, giving occupants ample time to respond before 
entering by force. Brock stated in his ruling the videotape proves that did 
not happen.

Conecuh County Sheriff Tracy Hawsey had argued in a hearing last month that 
he had been told Odom had a gun, and that he feared for his officers' 
safety. He also said there had been no information that Odom would be 
violent. Brock's ruling said there was no evidence that Odom was dangerous, 
would be able to flee or destroy the evidence -- circumstances necessary 
for officers to ignore the knock-and-announce rule.

Hawsey interrupted door-to-door campaigning Tuesday to say he sup ports the 
decisions handed down by judges, but that he questions the timing just 
weeks before the June 4 primary.

Hawsey faces opposition for the Democratic nomination from former Sheriff 
Edwin Booker and from Butch Salter. Both are challenging the incumbent for 
the job that pays $50,000 annually for a four-year term.

Hawsey said judging his effectiveness as sheriff on two cases in which his 
officers made errors ignores many good things accomplished under his 
leadership.

But Monroe County District Attorney Tommy Chapman said the back-to-back 
decisions are just more examples of cases fouled up by poor police work. 
The officers planned and used "a swat-team styled" arrest in the Odom case 
but failed to show those actions were warranted, Brock's order stated. 
Officers videotaped the arrest and the discovery of 31 marijuana plants 
growing in large pots inside the home, complete with artificial lighting. 
Television news crews videotaped officers carrying the plants from the home 
minutes later. But because that evidence came after the illegal entry, none 
of it can be used in court against Odom.

Chief Deputy James Taylor testified at a hearing last month that officers 
"knocked three times" and "waited one to three minutes" on Odom's porch 
before entering. Brock said the videotape proved that testimony was 
"grossly inaccurate."

Odom's is the second case in as many weeks to be tossed out on the same 
technical point. Last week, Circuit Judge Sam Welch ruled evidence in a 
trafficking case against Robert Robbins, 48, of Owassa cannot be used 
either because officers failed to follow the knock and announce rule. That 
December 2000 arrest was also videotaped by officers.

Officers took only a few seconds to break in the door of Robbins home, 
finding him in the midst of shaving. They recovered 170 grams of cocaine 
from the scene -- one of the largest amounts seized in the county.

Federal charges against Robbins were dismissed in January after the Conecuh 
County Sheriff's Department could not account for a page missing from the 
search warrant in the case. Hawsey said only a few paragraphs were missing, 
and that the district attorney approved the warrant before it was submitted 
to the judge.

Court officials said Welch encouraged deputies to consult with prosecutors 
on proper procedures in arrests.

The case is the latest chapter in an ongoing friction between Chapman and 
Hawsey. Chapman has accused Hawsey of incompetence and questionable 
integrity. Hawsey claims Chapman is trying to undermine his re-election bid 
by manipulating the timing of district and circuit court decisions.

"Now, I have no choice but to drop these cases," said Chapman. "This makes 
at least three cases we have lost on knock and announce problems, all due 
to the incompetent conduct by the Sheriff's Department.

"It's one thing to get in front of the cameras and claim credit for drug 
busts," Chapman said, "but it is misleading to do so" when failure to 
follow procedure keeps the case from even going to trial."

"Mr. Chapman should refrain from the comments he makes," Hawsey said. "If 
he is so concerned about the office of sheriff, he should have paid his fee 
and qualified to run against me. He could have held his comments until the 
election was over. It is no secret he is not a supporter of the Tracy L. 
Hawsey re-election campaign."
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