Pubdate: Mon, 11 Jul 2005
Source: Knoxville News-Sentinel (TN)
Copyright: 2005 The Knoxville News-Sentinel Co.
Contact:  http://www.knoxnews.com/
Details: http://www.mapinc.org/media/226
Author: Jamie Satterfield
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

OFFICERS SEEK COURT'S MERCY

Pointing Fingers: Real Criminal Man Behind Their Abuse Of Power

If court records are any indication, when five former lawmen face
judgment this week for beating, torturing and threatening a drug
dealer, there will be lots of finger pointing.

They will accuse each other. They will argue the power of the heat of
the moment. They will paint themselves not as criminals but as fallen
heroes, whose lives were dedicated to serving others.

They will point to the loss of their jobs and reputations. They will cite
death, mental illness and emotional struggles.

But most of all, they will blame their victim.

Former Campbell County Sheriff's Department deputies Gerald David
Webber, Shayne Green, Joshua Monday, Samuel Franklin and William
Carroll are to be sentenced this week by U.S. District Court Judge Tom
Varlan.

All but Monday have admitted conspiring to violate the civil rights of
Lester Eugene Siler in his White Oak community home on July 8, 2004.
Monday has pleaded guilty to brandishing a gun during the incident.

At plea hearings earlier this year, all five conceded that Siler was
beaten, tortured and threatened. They admitted that Siler was slapped,
punched and kicked. They signed documents agreeing that Siler was
threatened with electrocution and death. They agreed that Siler's head
was forced underwater in both a toilet and a fish tank.

Now, all but Monday face up to 10 years in prison. Monday faces a
mandatory minimum seven years behind bars. Court records reveal that
Assistant U.S. Attorney Charles Atchley is recommending sentencing
breaks for the five because, under federal law, they get credit for
confessing and cooperating, legalese for tattling.

Atchley is asking Varlan to dole out five-year prison terms to Webber,
Franklin and Green. He wants Carroll to serve 66 months and Monday
72.

But Atchley's recommendations for each of the five are still too high,
their defense attorneys contend in court documents.

In court filings, these five lawmen's defenders lay out their
respective cases for judicial mercy, with one even insisting he should
get no jail time at all. Although each cites distinctive reasons,
there is one common thread: These five men may be guilty, but Siler is
the real criminal.

Webber: Blaming Siler Webber, former narcotics chief and the man who
arranged that fateful visit to Siler's home, pulls no punches in his
sentencing memorandum.

"The entire episode was precipitated by the victim persisting in drug
dealing in the shadow of a public school, probation violations and
attempts to escape while in the possession of drugs," defense attorney
Lee Asbury wrote on Webber's behalf.

Webber, on the other hand, has lived a crime-free life, much of it
spent enforcing the law, Asbury wrote.

When he learned the attack on Siler had been captured on a secret
audio recording made by Siler's wife, Webber fessed up and was more
than willing to tell tales to the FBI, Asbury contended.

In Asbury's view, Webber has already paid a tough price for his "heat
of the moment" actions. He's lost his job, his pension, his marriage
and his freedom, Asbury wrote. Not to mention the suffering he faces,
Asbury noted.

"The extreme danger to which he will be exposed in a prison population
because of his law enforcement background" cannot be ignored, the
attorney said.

Asbury argues that Webber should serve no more than 16 months in
prison.

Atchley wrote in response that Webber's bid for a break is
offensive.

"It is clear from the tape that Webber takes a controlling position in
this abuse," Atchley wrote. "His voice is heard throughout the entire
tape, and it is he who calmly and repeatedly orders Siler to sign the
consent to search form while others administer physical abuse.

"It is a shameful and repugnant abuse of power."

Atchley also noted that Webber lied to the Tennessee Bureau of
Investigation when confronted about the attack 11 days after it
occurred in an attempt to "protect himself and his
colleagues."

Franklin: Keeping hands off Franklin, a veteran detective and former
DARE officer, knows one thing for sure - Siler is no Rodney King.

In his bid for a sentencing break, Franklin contends through attorney
Andrew S. Roskind that Siler, though victimized, suffered only minor
injuries. King, on the other hand, "was in fact severely injured,
including a broken leg and ribs, facial fractures and a host of other
injuries," Roskind wrote.

Yet, the LAPD officer whose chief crime in the King attack was a
failure to stop it wound up imprisoned for "substantially less" time
than Atchley is seeking for Franklin, Roskind wrote.

Like that officer, Franklin's crime was not attacking Siler but
failing to stop those who did, Roskind wrote.

"While in the Siler trailer, Mr. Franklin never physically harmed Mr.
Siler," Roskind wrote.

Franklin, Roskind wrote, is a lifelong East Tennessee resident who has
devoted 17 years helping children through his work as a DARE officer
and child abuse investigator. He also served in the military.

"A lifetime spent serving others should not easily be forgotten,"
Roskind wrote.

Roskind wants Varlan to put Franklin on probation or, in the very
least, give him half as much time as the other deputies, who Franklin
insists actually attacked Siler.

Atchley argued in his response that there is a gaping hole in
Roskind's memorandum. It fails to note that Franklin is a liar,
Atchley wrote.

Atchley contends that Franklin lied at least three times about the
attack - twice to the TBI and once to a state grand jury.

"The purpose of these lies was to obstruct the TBI investigation of
himself and his friends," Atchley wrote. "It is important to note that
all three of these statements were given under oath."

Green: Saving society The attack on Siler wasn't Green's idea, his
attorney, Kimberly Parton, argues in her sentencing memorandum. Green
was a poorly trained part-timer and off-duty, she wrote.

"Mr. Green, although participating in this conspiracy, was a
subordinate officer who did not initiate the illegal conduct and to
some degree took directions from his superior officers," Parton argued.

Green also points to a series of tragedies in his own
life.

His father committed suicide when he was 13, Parton wrote. A teacher
"died in front of him," she said. For years, he struggled with the
fear of death, Parton contended.

Still, he worked hard and became the captain of a local fire
department. He obeyed the law, unlike, Parton notes, Siler.

"Mr. Siler's wrongful and criminal conduct contributed significantly
to provoking the (attack)," Parton wrote. "Citizens of Campbell County
had repeatedly complained to authorities that Mr. Siler, who was on
probation, continued to sell controlled substances from his residence,
which is within 100 feet of White Oak Elementary School."

Green believed he was doing the community a favor, Parton
wrote.

"It has been recognized that a defendant may sometimes commit a crime
in order to avoid a perceived greater harm," she wrote.

Atchley calls that statement "absurd."

"The defendant should have lawfully arrested Mr. Siler for his
probation violation and allowed the courts to punish him lawfully and
justly," Atchley wrote. "This is how a civilized society conducts law
enforcement."

Atchley noted that Siler was a man of small stature surrounded by five
deputies, who "proceeded to torture and beat Mr. Siler in his home."

"(Green) and the others acted as judge, jury and executioner," Atchley
wrote.

Monday: Dishing dirt Monday, as the lone deputy to use his service
weapon to threaten Siler, stands apart from his former fellow men in
blue. Unlike them, his sentence is required by law. The only way he can
get a break is if Atchley gives him credit for cooperating with the
FBI. Atchley has done just that, although the document is under seal.

Still, defense attorney Dennis Francis contends Monday deserves a
bigger break than Atchley is willing to give.

Francis wrote that Monday "has no prior criminal history" and never
hurt anyone else.

"It is submitted to this honorable court that Mr. Monday had not
engaged in and is unlikely to engage in such conduct ever again,"
Francis wrote.

Francis' sentencing memorandum also drops a bit of a
bombshell.

When "debriefed" by the FBI, Monday not only told on his fellow
officers in the Siler case but also "provided information involving
other possible illegal activities occurring in Campbell County
involving various members of the county government ... including the
present sheriff (Ron McClellan)," Francis wrote.

He did not elaborate.

Monday, Francis wrote, was poorly trained, having never even been sent
to a basic police academy required for all certified police officers.

Atchley counters that Monday's cooperation with federal authorities
was "limited" and rates no more than a one-year sentencing break.

Carroll: Sealing his lips Carroll, a reserve deputy, who was captured
on the secret audiotape making bizarre statements such as "let's give
him a haircut" and a repeated refrain of "thank ye," also wants a
sentencing break.

But Federal Defender Beth Ford has filed her sentencing memorandum
under seal, suggesting she will argue that Carroll has mental-health
issues. Atchley's response is also under seal.

Regardless of the ultimate fate of these five men, Atchley contends
their damage to law enforcement has already been done.

"(The five men's) behavior has so clearly undermined law enforcement
efforts in Campbell County that it may be years before all the
ramifications are fully known," Atchley wrote. "Instead of helping the
war on drugs, (they have) dealt upon it a horrible blow."
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MAP posted-by: Larry Seguin