Pubdate: Sat, 26 Aug 2000
Source: Denver Post (CO)
Copyright: 2000 The Denver Post
Contact:  1560 Broadway, Denver, CO 80202
Fax: (303) 820.1502
Website: http://www.denverpost.com/
Forum: http://www.denverpost.com/voice/voice.htm
Author: Howard Pankratz, Denver Post Legal Affairs Writer

COPS ADMIT POOR DECISION IN DESTROYING EVIDENCE

Two decorated Denver police officers on Friday admitted to poor judgment in 
destroying evidence from more than 80 drug cases.

Kurt Gary Peterson, 37, and Danny Lee Alverson, 49 - four-year partners in 
the gang unit - pleaded guilty to abuse of public records and second-degree 
official misconduct.

Their lawyer, David Bruno, told county court Judge Kathleen Bowers his 
clients thought destroying the evidence was the best way to serve the public.

They could spend more time patrolling the streets rather than running back 
to headquarters to book evidence that likely would never be used in court, 
Bruno said.

But Bowers said the situation "confirms people's worst fears of the 
police," that they always assume a suspect is guilty and that evidence is 
of secondary importance.

She sentenced Peterson and Alverson to one year of unsupervised probation 
and 80 hours of public service. They could have received a maximum sentence 
of two years in jail and a $5,500 fine.

Bowers told the officers she wants them to address high school students 
about the Constitution, the concepts of burden of proof, witness 
credibility and "how you keep the government from getting out of control."

Bruno said the gang officers often encountered four or five people daily 
with drug paraphernalia or small amounts of marijuana.

The officers would write tickets ordering the suspects into court, then 
destroy the marijuana or paraphernalia. They didn't want to take the 45 to 
60 minutes necessary to drive to headquarters and book any evidence into 
the evidence room, Bruno said.

"They have admitted their faults and wrongdoings," Bruno said. "They made a 
poor decision. They came to that decision on the basis of the fact that in 
their years of experience they have never seen one of these cases go to trial.

"In the vast, vast majority of these cases, the defendant pleads guilty to 
the offense and is fined and these officers are never taken off the street" 
to testify.

"If they followed the procedure - which they should have done - of driving 
downtown every day, it would have taken them out of service for 
approximately five of their eight hours every day," Bruno said.

Prosecutor Diane Balkin argued for the light sentences.

"To their credit, they both came forward and were very forthright about 
what they had done," Balkin said.

The public records charge is a misdemeanor and the official misconduct 
charge a petty offense.

The officers remain on duty but have been transferred from the gang unit. 
Internal administrative proceedings are pending.

Bruno said Alverson, a 28-year police veteran, has received the 
department's Distinguished Service Cross, three merit awards and multiple 
community service awards.

He said Peterson, an officer for 13 years, received the department's Medal 
of Valor, Distinguished Service Award and merit awards.

Bruno said the two officers compared their situation to police who find 
people drinking in a park, write a ticket and then empty the liquor bottle.

Balkin said the officers never converted the drugs for "their own use or 
any other use." "They clearly destroyed it, threw it down the drain," 
Balkin said.

The problem was discovered after city prosecutors learned no evidence 
existed to support charges in some drug cases. Five drug prosecutions had 
to be dismissed.
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