Posted on 06/21/2008 8:06:59 AM PDT by Globalist Goon
Hundreds of cases could be dropped
Prosecutors say they will throw out pending cases in which 2 police officers facing charges played a major role.
By Gary L. Wright gwright@charlotteobserver.com
Mecklenburg prosecutors say they'll dismiss a “substantial” number of criminal cases made by two police officers now facing drug conspiracy charges.
District Attorney Peter Gilchrist said Friday he'll dismiss any pending cases in which Charlotte-Mecklenburg officers Jason Ross and Gerald Holas played a crucial role.
Gilchrist might also agree with defense lawyers to set aside some convictions if it can be shown that the cases substantially hinged on the two officers' work.
He couldn't estimate how many cases might be dismissed, but one source familiar with the allegations estimates that “hundreds” of cases might be thrown out.
“If these officers were critical witnesses, there will be dismissals filed,” Gilchrist said.
The dismissals are likely even if the officers are ultimately found not guilty, because their credibility has been compromised, one prosecutor said.
Charlotte defense lawyer James Gronquist called the situation a “defense lawyer's dream.”
“It's very helpful to clients who were charged by these two officers,” Gronquist said. “The officers' credibility certainly comes into question now.”
Prosecutors faced similar troubles in 2002 when a CMPD vice officer quit during an internal investigation into why he had fired his gun during a fight with a prostitute. The government dropped 92 charges against 28 defendants the officer had arrested.
Last week, officers Holas and Ross, both 35, were charged with conspiring to distribute crack cocaine. The officers, who resigned, are accused of helping alleged drug dealer David Lockhart avoid police detection and of protecting his illegal drug activity.
Lockhart, 25, also has been charged with conspiracy. The three men are being held without bond in the Mecklenburg County jail. Their attorneys either declined comment or couldn't be reached Friday.
According to the FBI, Holas and Ross have admitted they protected Lockhart's cocaine distribution, but say they did so in exchange for Lockhart providing them information they could use to arrest his suppliers and customers.
Lockhart told investigators that he moved large quantities of cocaine and said the officers offered protection in exchange for information, according to an FBI affidavit.
But the affidavit notes that Lockhart has never been a registered informant with Holas and Ross.
The relationship between the men may have begun a year ago, when Lockhart was busted after a search turned up cocaine and a pistol in a business on Tuckaseegee Road.
The 27-page affidavit outlines a variety of questionable activities by the officers.
It alleges:
Last October, the officers helped Lockhart find addresses for a man Lockhart says robbed him of drugs and money. Lockhart used the information to seek revenge and went to the houses and set them on fire.
In May, officer Holas coached Lockhart over the phone about how to behave during a search that was being conducted by other officers. Holas later advised Lockhart to move to a new house because his current address was “hot” and police would likely return.
In June, Holas tipped off Lockhart about a possible drug bust at a motel where Lockhart had drugs. Holas advised him to leave the hotel immediately.
The affidavit also raises questions about what happened during that first encounter between Lockhart and the officers. The document spells out these details:
Last July, officer Ross obtained a search warrant after receiving a tip that a man was dealing drugs from a business on Tuckaseegee Road.
During the search, Ross seized crack cocaine, powder cocaine and a pistol from Lockhart.
Ross took Lockhart in for questioning at a satellite police station.
Holas was present during the interview, which the officers videotaped.
Lockhart admitted during the interview that the cocaine and gun belonged to him, according to the affidavit.
But the interrogation ended abruptly when Lockhart said he'd swallowed three grams of cocaine. Lockhart was taken to the hospital and released.
It's unclear whether Lockhart was ever arrested. CMPD has no record of Lockhart being arrested – despite being caught with drugs and a gun, the affidavit says.
Ross' report of the search did not mention money among the items seized.
But two sources told investigators that Lockhart had money during the bust. A confidential source told authorities that Lockhart had $6,000 at the time of the search and that he helped count it. And Lockhart told investigators that he had at least $2,500 and claimed that Holas and Ross let him keep the money, the affidavit says.
The affidavit does not accuse the officers of taking any money.
The document outlines ways the officers sought to influence the case involving Lockhart.
Officer Ross told an assistant district attorney that he planned to use Lockhart as a “cooperator” and would seek an arrest warrant in four weeks. But Holas strongly suggested to the assistant district attorney that the case be closed without taking warrants out for Lockhart, the affidavit says.
Ross later asked that the evidence seized in the search of Lockhart be destroyed, the affidavit says. The evidence was ordered to be destroyed on Nov. 9.
Deputy District Attorney Bart Menser said Friday even though the officers are presumed innocent now, many of their cases have been compromised because of the allegations.
“We have to be convinced that we can prove cases beyond a reasonable doubt,” Menser said. “In light of these allegations, the credibility of these two officers as witnesses in a criminal case is destroyed.”
ping
Uh, sure...
The games people play. Drop the war on drugs and get rid of this mess completely. Billions will be saved.
Better yet, deport 3 time drug offenders to South America where they can a ready cheap supply.
If the cops had not resigned, there would be posters claiming the cops to be innocent and there must be more to the story.
And you wonder how Durham, NC became the cesspool of law-enforcement malfeasance that tried to send three innocent lacrosse players away for a crime that never happened.
Never been to North Carolina, and I won’t cry if it’s forever the last unvisited state on my list of 50.
Don’t come to Greensboro. Portions of the police force here are corrupt and PC keeps the City Council’s hands tied from cleaning it up.
You should see this mess we had getting a Sheriff. (Mecklenburg County)
This state has issues.
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