Pubdate: Mon, 28 Jan 2008
Source: Marin Independent Journal (CA)
Copyright: 2008 Marin Independent Journal
Contact:  http://www.marinij.com/
Details: http://www.mapinc.org/media/673
Author: Gary Klien, Medianews Group, Inc
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

DRUG CASE DROPPED; DEPUTY'S ACTION BLAMED

Prosecutors were prompted to dismiss charges against a  drug informant
in Novato after she accused a county  narcotics agent of making sexual
advances toward her.

The episode could also prompt legal challenges to other  cases
involving the detective, Tyrone Williams, who was  reassigned from the
Marin County Major Crimes Task  Force after the allegations surfaced.

Sheriff's officials said they were barred from  discussing personnel
actions or internal  investigations, even if the sexual misconduct
allegations against Williams were found to be  meritless.

But authorities did conclude that Williams violated a  key department
policy - he made contact with the  informant without another detective
present. Because of  this breach, prosecutors would not have been able
to  refute the suspect's allegations if the case went  before a jury.

"We did not feel we would be able to sustain our burden  of proof,"
said District Attorney Ed Berberian.

Williams, who joined the sheriff's office in 2005 after  working for
the California Highway Patrol, declined to  respond to the
allegations.

"I don't want to comment on that," he said.

The accuser in the case is Sarah Gean Rawlins, a  19-year-old former
Ignacio woman charged with selling  drugs to an undercover task force
detective several times in March and April 2007, according to court
documents.

Police said Rawlins sold less than an ounce of  marijuana to the
undercover agent three times, and on  one occasion conspired with
another suspect to sell the  agent nearly an ounce of crystal
methamphetamine.

Rawlins agreed to become an informant for the task  force, the county
narcotics unit overseen by the  sheriff's office, when police said her
cooperation  might help her case get dismissed, according to a  motion
filed by her defense attorney, Gary Kauffman.  Rawlins worked under
the direction of Williams,  Kauffman said.

Under sheriff's department policy, a detective must  have another
investigator present whenever meeting with  an informant. This
safeguard is intended to prevent the  informant from making
unchallenged police misconduct  claims that could jeopardize the
credibility of the  investigation - and torpedo the case.

But according to Kauffman's motion, Williams not only  met Rawlins
repeatedly without a police colleague  present but he also made sexual
advances toward her,  brought wine to her Ignacio Lane apartment and
engaged  in other improprieties.

"Agent Williams sexually pressured, cajoled, and  engaged in illegal
and unethical behavior constituting  outrageous governmental
misconduct during the time Ms.  Rawlins was his informant," Kauffman
wrote.

The sheriff's department opened an internal  investigation into
Rawlins' allegations, according to  Kauffman's motion, which he filed
Dec. 13. The motion  demands the release of all documents and evidence
  pertaining to the inquiry, conducted by sheriff's Sgt.  Ken Frey, who
does not work on the task force.

The next week - before a judge could rule on the motion  - the
district attorney's office dropped the pending  drug case against
Rawlins, rendering the motion moot.

Rawlins has left Ignacio and is a fashion and design  student at City
College of San Francisco, according to  Kauffman. He said Rawlins has
filed no civil litigation  against the sheriff's department and did
not wish to be  interviewed.

"She just wants to put this nightmare behind her," he
said.

Efforts to reach Rawlins were unsuccessful.

Williams was moved off the task force - a plum  assignment, especially
for a relatively new hire - and  assigned to the county jail.

Sheriff Robert Doyle said personnel confidentiality  laws precluded
him from commenting on internal  investigations, or even confirming
their existence.

Doyle said Williams was reassigned because "he's a  deputy sheriff and
deputy sheriffs do a variety of work  in the organization."

Two of Williams' task force supervisors, Lt. Rick  Russell and Sgt.
Rudy Yamanoha, have also been assigned  to new duties since the
episode. Doyle said the  reassignments of both supervisors, who had
been on the  task force for several years, were in the works before
the Rawlins allegations surfaced.

The Rawlins case is not the first time the Marin County  Major Crimes
Task Force, created in 1977 as an  interagency narcotics unit, has
been involved in a  sex-related dispute. In 1990, a Sausalito police
officer working on the task force filed a lawsuit  accusing two other
task force detectives of sexually  harassing her.

The case was settled when the task force gave her  $300,000 in money
seized from drug dealers. The use of  confiscated drug money - which
was supposed to be used  for fighting crime - was later called
improper after  probes by the county grand jury, the state attorney
general's office and the U.S. attorney's office.

The Rawlins case could prompt legal challenges from  other defendants
investigated by Williams. In a series  of rulings, beginning with a
1963 U.S. Supreme Court  decision in Brady vs. Maryland, the courts
have said  that prosecutors cannot withhold from defendants any
potentially favorable information that could be  "material to guilt or
punishment."

This so-called "Brady material" includes personnel  information that
might cast doubt on a testifying  police officer's conduct or
credibility. Therefore, in  cases where Williams was involved,
defendants could be  entitled to information about the Rawlins case,
including the internal investigation.

"Whatever 'Brady' obligation, if there is any, we will  comply with
that," said Berberian, the district  attorney.
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