Pubdate: Sun, 13 Aug 2000 Source: Arkansas Democrat-Gazette (AR) Copyright: 2000 Arkansas Democrat-Gazette, Inc. Contact: 121 East Capitol Avenue, Little Rock, Arkansas, 72201 Website: http://www.ardemgaz.com/ Forum: http://www.ardemgaz.com/info/voices.html Author: Sandy Davis STATE POLICE TAKE 2ND LOOK AT DRUG UNIT INVESTIGATION LONOKE -- The Arkansas State Police reopened an investigation last week into whether agents of Lonoke County's former drug task force manufactured and sold drugs and planted them on people. "There are too many inconsistencies in the investigation," said Prosecuting Attorney Lona McCastlain, who asked that the investigation be reopened. The original investigation of the 23rd Judicial District Narcotics Enforcement Unit, now defunct, and its director, Mike Weaver, began in March and was completed June 13, when state police criminal investigator Jamie Cook wrote that McCastlain had reviewed the case and agreed with Cook that "there was no criminal conduct on the part of any person mentioned in the investigation." But the state police never looked for any criminal conduct, according to documents in the case file. It also never checked Weaver's background even though the state police knew Weaver's resume had been questioned. McCastlain requested the investigation after attorneys for Tommy Sutton, 33, of Austin accused Weaver and the drug enforcement unit of planting drugs on their client. But the state police never considered the Sutton case in its investigation. Sutton is serving a 15-year prison sentence on drug-related charges. "This investigation leaves more questions than answers," McCastlain said. "That's why we have to do more." WEAVER UNDER FIRE In 1998, McCastlain waged a public battle with Sheriff Charlie Martin for control of the drug task force, which had a spotty history. In the mid-1990s, the drug task force was taken from former Sheriff J.O. Isaac and placed under the direction of former Prosecuting Attorney Larry Cook after allegations of task force wrongdoing. Martin, who was elected sheriff in 1996, said he told McCastlain shortly after she took office in 1998 that he wanted the drug task force returned to his supervision. "They work under my colors," Martin said recently. "I issue them cards so they can work; yet I have no control over them. They work for the prosecutor, not me; yet I'm liable for what they do." Although she regrets it now, McCastlain said, she fought to keep the task force under her control and won when the Quorum Court decided the force could remain under her supervision. McCastlain said she hired Weaver on June 17, 1999. "When I applied for the job, I was just applying to be an agent," Weaver said in a recent telephone interview. "I never dreamed I'd be the director. But when it was offered to me, I realized it was a great opportunity." McCastlain also was pleased. "He was neat, professional and really wanted to do a good job," she said. "He was young and enthusiastic." Weaver, who was 27 at the time, came to Lonoke with a resume that many law enforcement agents would envy: a stint in the Marines as a military policeman, an officer in charge of nearly every aspect of the Greenland Police Department, and a former task force officer and tactical response team leader with the New Orleans Police Department, where Weaver said he worked for 16 months. "My goal was to become a prominent person in the county and be someone they looked up to as the man who was trying to rid the county of drugs," Weaver said. He started making a name for himself quickly. After being on the job about a week, Weaver led a raid at Sutton's home, arrested him and his wife, and charged him with attempted manufacture of methamphetamine and other drug-related counts. Area residents and newspapers were singing Weaver's praises for the June 24 raid. They said they were pleased that something was being done about the county's drug problem. But eight days later, the honeymoon abruptly ended for Weaver when an agent in the narcotics unit resigned, accusing Weaver of wrongdoing. Kristy Pickard, a recent graduate of the state Law Enforcement Training Academy at Camden who had worked for Weaver for one week, wrote a letter to McCastlain that she was quitting because she would not be a part of the "unethical schemes [Weaver] has implemented solely for the chance of boosting himself as a 'super narc.' " In her letter, dated July 2, 1999, Pickard wrote that Weaver asked her to falsify reports, lie on her time sheets and display real or simulated controlled substances in her unmarked car so she could pass as a drug user. McCastlain said she confronted Weaver right away with Pickard's allegations and asked him to take a polygraph test and a drug test. Weaver said it was his idea to take the polygraph, but he didn't take it for at least a week. "The charges were ridiculous, and I wanted to clear my name," Weaver said. The polygraph test was administered July 12, Weaver said, after new allegations that he had fabricated his resume. The test was not administered by the state police, the agency commonly used for polygraphs when a police officer is being questioned. Instead, Weaver's polygraph test was administered by the Southwestern Bureau of Investigation in Conway, a private firm. McCastlain said she asked for the private company because "I needed it done right away, and there wasn't time to make an appointment with the state police because they have a waiting list." Later on the same day, the Conway company sent McCastlain a four-page fax saying Weaver passed the test. But even with that knowledge, McCastlain met that night with the task force's board and asked them to vote to disband the unit. "It was over," she said. "Weaver was ruined. Everyone was attacking the unit. The only thing I regret is I didn't do it sooner." Effective July 13, 1999, almost a month after Weaver was hired, the unit was disbanded, and Weaver left the area. Chris Hill, the unit's other agent, went back to work for the Lonoke Police Department. THE ALLEGATIONS RESURFACE After that the issues of wrongdoing mostly were forgotten until the Tommy Sutton case was scheduled to come to court in February. Sutton's attorneys, Hubert Alexander and Richard Grasby, learned of Pickard's resignation and her allegations against the narcotics unit. At the same time, their client was saying he was innocent. "From day one, Tommy insisted on fighting this," Grasby said. "He said he was innocent, and he stood his ground." It wasn't the first time that Sutton had been arrested. "Tommy never claimed he was innocent of everything he's been accused of doing, but he said he never had a drug lab, which Weaver and the NEU said they found at his house" during the June 24 raid, Grasby said. "I had four policemen tell me that Tommy didn't manufacture drugs," Grasby said. "Tommy bought drugs, but he didn't make them." Grasby asked for a continuance so he could look into the new information. But Sutton's trial was postponed for only a week, but the attorneys said that was not enough time to investigate Pickard's allegations. "At the last second Tommy pleaded guilty," Grasby said. "He did that so his pregnant wife wouldn't have to go to jail." Sutton was sentenced to 15 years in prison for possession of methamphetamine with intent to deliver, possession of drug paraphernalia to manufacture methamphetamine, possession of marijuana with intent to deliver, and three counts of endangering the welfare of a minor. McCastlain said she still worried about the allegations made against Weaver and the narcotics unit. She decided to have Deputy Prosecuting Attorney Tim Blair interview Pickard. On Feb. 22 Pickard was asked to go to the prosecutor's office to discuss the Sutton case. After she arrived, Blair questioned Pickard under oath about the unit. Jamie Cook's supervisor, Sgt. Jim Rainbolt, and a court reporter were also present. During the interview, Pickard told Blair and Rainbolt that she had overheard a confidential informant, whom she knew only as "Anderson," talk to Weaver at the unit office. She said the informant asked Weaver to give him money to buy "precursors," the ingredients to make methamphetamine. She also told police that Weaver told her he wanted to get the informant to make methamphetamine for the unit "as a training tool." STATE POLICE INVESTIGATE After Pickard's deposition, McCastlain wrote a letter to Col. Tom Mars, director of the Arkansas State Police, asking for a criminal investigation of the narcotics unit. "I had a sit-down interview with Jim Rainbolt. I needed for him to understand that serious allegations had been made regarding the Tommy Sutton case and the NEU," McCastlain said. Rainbolt first assigned investigator Doug Estes to the case but replaced Estes with Jamie Cook within weeks. When asked why the state police didn't obtain its own polygraph test on Weaver when the investigation began, Rainbolt said, "It would have been insulting to the first polygrapher if we asked for a second test. It would have looked like we were questioning his work." Cook said she talked to McCastlain about Weaver's polygraph test but never obtained a list of the questions asked by the examiner. "I asked Lona what was asked on the test," Cook said. "She said he was asked about all of the criminal allegations, and he passed the test. I believe Lona. I didn't need a copy of the questions. And there was no need to give him another test." But the private examiner never asked Weaver about any criminal allegations, McCastlain said. "I didn't know about the criminal allegations when I had him polygraphed. He was asked about his resume and what Kristy Pickard originally accused him of. None of that was criminal," McCastlain said. McCastlain also said she has never seen a copy of the questions asked by the private polygraph examiner. "I didn't need them," she said. "I have a list of about 40 questions I sent that I wanted the polygrapher to ask Weaver. I assume he asked them." Weaver said he was asked 12 to 16 questions during three tests. "Some of the questions were repeated," he said. WEAVER'S RESUME Cook said she did not check Weaver's resume. "This was a criminal investigation, and his resume had nothing to do with the investigation," she said. However, each agency Weaver listed on his resume said either he "fudged the truth" or he was not truthful about describing his jobs. A spokesman for the U.S. Marine Corps said Weaver's claims that he had been a hostage negotiator at Camp Pendleton, Calif., between 1988 and 1991 "were bogus." Weaver also said that he "supervised more than 60 military police officers on a daily basis." "No way," the Marine spokesman said. "There's less than 60 people in a platoon, and there's no way a corporal was in charge of 60 people. I don't believe it. He's making it sound like he's totally responsible for the security of Camp Pendleton and everything else. He was a cop here and that means he was a team player." Weaver said he worked for the Greenland Police Department from 1994 to 1997, when in fact he worked there on and off during that period, a department spokesman said. In his resume, Weaver said he was responsible for personnel and internal affairs at the Greenland department. The spokesman said Weaver was not responsible for personnel and the department has no internal affairs department. Weaver claimed he also was responsible for training commissioned officers. "What's that?" the spokesman said. "We only have three officers, including the chief, which Mike wasn't." Also on Weaver's resume was the claim that he started an auxiliary police unit while working for the department. "He asked the chief if he could let some of his friends ride around with him," the spokesman said. "I guess he bossed them around and they were the auxiliary policemen." Weaver said he worked for the New Orleans Police Department in several areas, including its special operations group called the Task Force, in which he said he was a tactical response team leader from May 1997 until September 1998. During that time, "I personally filed over 1,240 felony drug cases in Circuit Court," he stated on his resume. Personnel records in New Orleans show Weaver worked there for only seven months instead of 16 months. "He started working here on Oct. 27, 1997," a spokesman for the department said. "He went to the academy until Nov. 23, 1997, and then he was assigned to the 5th District. He was ranked a police officer 1, which is the beginning or lowest rank of an officer. We have no records that show he ever worked in special operations." While Cook said she did not check Weaver's background, she did include his resume and two letters -- one saying that Weaver's resume was false and another that said it was true -- in the file. She also submitted a page titled "investigator's notes" that states, "None of these statements [concerning the resume] have been substantiated." Cook focused her investigation on interviewing Weaver, Pickard and Fletcher Anderson, the confidential informant referred to by Pickard. Cook did not interview Hill, the other agent in the disbanded unit. Instead, Hill provided Cook with voluntary written statements. "I didn't need to interview Hill," Cook said. "He was not the subject of the investigation." But McCastlain specifically asked for an investigation of the narcotics enforcement unit and not just Weaver. "Hill was a member of the unit and he should have been interviewed," McCastlain said. The state police investigative file lists Weaver as the subject of the investigation, but Weaver said that's not what Cook told him. "Jamie Cook interviewed me about everything," Weaver said. "But she never told me I was the suspect. She told me she was doing an investigation on the NEU and made it clear that my part was limited to the three weeks I was there, which meant my role was very small. If I had known I was the suspect, I would have hired an attorney." Anderson, who was interviewed at the state Department of Correction's East Arkansas Regional Unit in Lee County, where he is serving time for a drug conviction, told Cook that he cooked methamphetamine with Weaver, the two packaged it at the unit's office, and then they took it to the parking lot of the Wal-Mart store in Lonoke to sell it. Patrol units from the Lonoke Police Department were set up down the road from the store and officers were going to arrest the buyers, he said. But the police didn't find any drugs when they stopped the buyers, Anderson said. Cook said she never interviewed the Lonoke Police Department to find out whether they deployed the patrol units because "it never happened. Weaver said it didn't happen, and Hill said it didn't happen. I had no reason to talk to the Lonoke Police Department." Hill never mentioned a Wal-Mart drug sale in his statements. Weaver said he was at the parking lot with Anderson -- not to sell drugs, but rather to buy them. McCastlain was opposed to "reverse buys," Weaver said, which is why he claimed he wouldn't conduct such an operation. A reverse buy occurs when agents sell drugs to entice people into a situation where they can be arrested. McCastlain opposes reverse buys because they often create legal problems, especially when a defendant claims entrapment. Also, "the question always arises: Where did the drugs come from?" she said. Despite Cook's contention that a reverse buy did not take place, Lonoke Police Chief Charles Peckat said it did. "Weaver called me while he was the director of the NEU and told me he wanted to do reverse buys. He said he needed some patrol units to back him up. He was setting up to do the sales at the Wal-Mart parking lot," Peckat said. "I sent the units, but they were unsuccessful. No drugs were found in the cars that were stopped. My guess is they swallowed the drugs." Peckat said Weaver did not tell him where he had gotten the drugs he was selling. "I don't know where they came from," he said. "I wasn't told." While Anderson said the drugs sold were from the batch he and Weaver made, Cook discounted Anderson's statement. Anderson also told authorities he did not "set up" the Suttons. Documents show that another informant was used in the Sutton case, but the Sutton case was not included in the state police investigation. "I don't know what to say," McCastlain said when she learned the Sutton case was not investigated or included in the file. "That's why this investigation was started, and I told Rainbolt that when it was opened." Rainbolt told two reporters he had never heard of Sutton. Cook said she never knew about the "Sutton case involvement." The questions and inconsistencies in the investigation "should be answered when the state police finish this investigation," McCastlain said. - --- MAP posted-by: Don Beck