Pubdate: Sat, 26 Jan 2008
Source: Argus, The (Fremont, CA)
Copyright: 2008 ANG Newspapers
Contact: http://www.insidebayarea.com/argus/writealetter
Website: http://www.insidebayarea.com/argus/
Details: http://www.mapinc.org/media/1642
Author: Kristin Bender, Staff Writer

BERKELEY COUNCIL TO REVIEW POLICE DRUG PROCEDURE REPORT

Evidence Of Theft By Cop Prompts Commission Suggestions For Handling
Substances

BERKELEY -- Two years after police discovered the  biggest drug
scandal in the department's history, the  City Council on Tuesday will
consider adopting more  than a dozen recommendations for storing,
handling and  auditing seized drugs and money.

Last October, the city's Police Review Commission found  that systems
for tracking drug evidence were inadequate  to prevent or catch the
theft of narcotics from the  police department's evidence locker,
according to a  detailed and lengthy report.

The report also found that the department's probe into  a former
sergeant's drug thefts was insufficient.

Since then, Berkeley police Chief Douglas Hambleton has  responded to
the PRC's seven main findings and the 27  recommendations, concurring
with 25 of the  recommendations. Some of the recommendations have been
  implemented while others are slated to be in place by  June,
Hambleton said.

In January 2006, police discovered that then-Sgt. Cary  Kent had
tampered with and stolen drugs from 286  evidence envelopes.

Police and the Alameda County District Attorney's  Office conducted a
joint investigation and in April  2006, Kent pleaded guilty to one
count of grand theft  by embezzlement and one count each of possessing
heroin  and methamphetamine.

He was sentenced to spend a year in an electronic home  detention
program and sent to a drug treatment program.  Kent, who had retired a
month before, also was  sentenced to five years probation.

In its report, the PRC asked that the department disclose the exact
amount of drugs  that was stolen by Kent to prevent such theft in the
future.

Hambleton said the 286 envelopes that Kent tampered  with
contained:

- -Methamphetamine (powder and crystal): 1.6 pounds

- -Cocaine (rock and powder): 1.5 ounces

- -Heroin (tar, powder and liquid) 9 ounces, plus 700 cc  of liquid --
about seven full syringes)

- -Marijuana: 5 pounds

- -Hashish: 1 ounce

- -Pills: 235 Vicodin, Ecstasy, Oxycontin,  Tylenol/Codeine and Fentanyl.

Hambleton, however, said in a memo he doesn't believe  Kent stole all
those drugs.

But, except for the marijuana, there was a consensus  among police
informants, outside narcotic investigators  and a medical drug
treatment expert that the amounts  are consistent with what a light to
moderate user would  consume within a one year period, Hambleton said
in the  memo.

He also said that due to the costs and limited  resources at the crime
lab a "relatively small number  of envelopes" were tested in order to
secure sufficient  evidence for prosecution.

"Police staff does not believe that the contents were  removed from
all of the suspicious envelopes. Since the  contents of the envelopes
could have been tampered with  and cut or mixed with other substances,
even a lab  analysis at this time could not establish the exact
amount of drugs that (were) missing," he said in a  report that will
be considered by the council on  Tuesday.

Hambleton said reopening the probe and using a crime  lab to conduct
further tests could cost as much as  $20,000.

It is not known for how long Kent was stealing drugs.  Problems were
noticed by others in the department as  early as January 2005.

Leading up to the council's consideration of the  report, Berkeley
Copwatch is holding a rally today from  noon to 2 p.m. at 1730 Oregon
Street to boost community  awareness about the drug thefts, the
report's findings  and the department's response.

The event will include speeches from Berkeley City  Councilmember
Kriss Worthington, former Police Review  Commissioners Osha Neumann
and James Chanin, Copwatch  member Andrea Prichett and others. It is
co-sponsored  by Copwatch and Disabled People Outside Project.
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