Pubdate: Tue, 22 Feb 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)

JUDGE ORDERS FORMER LAWMAN JAILED

A federal judge today ordered former Campbell County narcotics investigator 
Gerald David Webber to jail until his sentencing in May for beating and 
torturing a drug dealer.

Webber, 40, answered U.S. District Court Judge Tom Varlan's questions but 
stood ramrod straight and quiet for most of the 30-minute hearing.

Webber is one of five former Campbell County lawmen charged with federal 
civil rights violations of Lester Eugene Siler, 42, of the White Oak community.

He was the first to appear in court; three others are due in court later 
this week. The fifth is yet to be scheduled.

They are charged with handcuffing and torturing Siler for two hours on July 
8, 2004, demanding his drugs and money.

Assistant U.S. Attorney Charles Atchley said none of the men deserved -- 
under federal law -- their freedom and asked Varlan to incarcerate them 
after their pleas.

Varlan agreed and ordered Webber to be taken into custody immediately. He 
is to be sentenced May 23.

Siler and members of his family were present in the courtroom.

Siler's attorneys said they were pleased with the outcome and will probably 
file a lawsuit within the next 30 days.

Webber, who headed narcotics investigations for Campbell County and is 
accused of being the ringleader in the alleged torture, pleaded guilty to 
an information charging him with conspiracy to violate Siler's civil rights.

Samuel Franklin, 42, a veteran detective at the agency and head of its 
D.A.R.E. program, is scheduled to plead guilty Wednesday, court records 
show. Rookie Deputy Joshua Monday, 24, and process server Shayne Green, 35, 
are expected to plead guilty Thursday, according to records.

The four lawmen and part-time process server William Carroll, 26, were 
named in federal informations filed earlier this month in U.S. District 
Court. They are accused of beating and torturing Siler after showing up at 
his house to serve a violation of probation warrant.

Part of the alleged attack was captured on an audiotape after Siler's wife, 
Jenny, stashed a tape recorder in the kitchen. An FBI transcript of the 
tape revealed in chilling detail how Siler was threatened, beaten and 
tortured, with deputies demanding two things from him: that he sign a form 
to show he agreed for his house to be searched and that he turn over to 
them all his cash and drugs.

Attorneys for Webber and Franklin filed motions asking Varlan to allow 
their clients to remain free pending sentencing hearings.

An attorney for Monday, who is not charged in the conspiracy but instead is 
accused of a separate count of pointing a gun at Siler and threatening to 
shoot him during Siler's ordeal, also wants his client freed until he is 
sentenced.

Attorney Lee Asbury argued in his motion that Webber, who lives in Anderson 
County, "has no prior criminal record" and "has never missed or been late 
for an appointment with the U.S. Attorney."

Webber, Asbury insisted, should be allowed his freedom because "he has at 
all times cooperated with the United States Attorney, the Federal Bureau of 
Investigation and the United States Department of Justice."

Asbury's motion does not note, however, that Webber is accused in state 
court charges of lying to the Tennessee Bureau of Investigation in that 
agency's initial investigation of the incident.

Green, Monday and Franklin also are charged in state court with perjury. 
The four also face charges in Campbell County Criminal Court of official 
oppression. District Attorney General Paul Phillips has said state court 
charges likely will be dropped if the men wind up imprisoned in the federal 
case. Federal penalties are higher than any that might be handed out in 
state court, he has said.

Franklin's attorney, Andrew S. Roskind, contends Franklin only went to 
Siler's house at the request of Webber. Franklin, Roskind says, asked 
Siler's wife and son to leave the house and, along with the other four 
lawmen, demanded Siler sign the consent form.

"After making the request, Mr. Franklin threatened Mr. Siler with the use 
of a slapjack and breaking Mr. Siler's fingers," Roskind wrote. "Mr. 
Franklin never carried through with either threat nor did he allow one of 
the other four ... to use his slapjack or break Mr. Siler's fingers.

"Unfortunately and regrettably, although Mr. Franklin never physically 
harmed Mr. Siler, he failed to stop the other individuals from inflicting 
further ... harm and injury," Roskind continued.

Roskind contends in his motion that Franklin has served both Campbell 
County and his country -- he was once in the military -- admirably and 
deserves freedom pending sentencing because of that.

Monday's attorney, Dennis Francis, writes that his client has no prior 
criminal history and would agree to be electronically monitored if allowed 
to remain free.

Atchley counters that none of the men are entitled to freedom.

All, he wrote, will plead guilty to a "crime of violence" for which federal 
law requires immediate detention. The only exceptions to that law, Atchley 
noted, would come if the case against them was weak or the lawmen were 
likely to receive probation.

"The exceptions do not apply," Atchley wrote, indicating that he will 
indeed seek prison terms for the men.

As for Franklin, Atchley contends Franklin's service to Campbell County and 
the military does not set him apart from the garden-variety criminal.

"Even painting the defendant's employment history and military service in 
the best possible light, it seems a bit of a stretch to state that these 
make his personal character out of the ordinary, uncommon and rare," 
Atchley wrote.
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MAP posted-by: Jay Bergstrom