Pubdate: Wed, 25 Oct 2000 Source: Commercial Appeal (TN) Copyright: 2000 The Commercial Appeal Contact: Box 334, Memphis, TN 38101 Fax: (901)529-6445 Website: http://www.gomemphis.com/ Author: Bartholomew Sullivan TIMELINE LEADS TO DRUG CASE GOING ON FBI Notes Sent Out After Indictments OXFORD, Miss. - Confidential FBI interview notes from a plea-bargaining session with an accused Tunica drug dealer were sent "inadvertently" to a lawyer for the man's co-defendant, an assistant U.S. attorney testified Tuesday. But the documents could not have been used to tailor witness testimony before a federal grand jury that indicted Mack Arthur Bowens and Willie Hampton on May 25, Asst. U.S. Atty. William C. 'Chad' Lamar said. That's because the notes were still in government custody until at least June 1, when they were sent to Bowens's lawyer to aid in his defense. Using that chronology, U.S. Dist. Judge W. Allen Pepper Jr. denied Bowens's and Hampton's motions to dismiss their cases after hearing testimony over two days. Bowens had alleged that the typed FBI notes taken during an off-the-record plea-bargaining session on April 19 were circulated in the Lafayette County Detention Center for use by "want-to-be witnesses" against him. Bowens's first drug indictment resulted in his acquittal last year after an FBI agent acknowledged forging signatures on witness statements. Agent Alan Tatum has pleaded guilty and is awaiting sentencing. A convicted rapist-kidnapper called by Bowens's lawyer Tuesday said it was commonplace for inmates at the jail to read about cases, then offer to be government "snitches" in exchange for reduced prison time, even though they had no real knowledge of the cases. In jail parlance the practice is called "getting on their cases," inmate James William Smith said. Smith also testified he'd seen the FBI document summarizing Bowens's confidential admissions and that it was hotly discussed in his jail pod. During two days of testimony, no explanation for how the documents got into the jail was offered, and the government's formal, written answer to Bowens's motion to dismiss was filed Tuesday under seal. Five inmates who were in the Lafayette County lockup and testified before the grand jury against Bowens and Hampton all testified they had never seen the FBI agent's notes and had not been coached before their May appearance before the panel. When Lamar was called to the witness stand, he testified that he sent discovery material to Bowens's lawyer, Whitman D. Mounger of Greenwood, on June 1. On June 29, Lamar said he inadvertently sent the same documents involving Bowens to Gail P. Thompson of Oxford, Hampton's lawyer at the time. Thompson was later disqualified from representing Hampton because of a conflict of interest representing Melvin Shipp, an inmate who testified against Hampton at the grand jury, who is seeking a reduced sentence for his cooperation. Thompson did not return The Commercial Appeal's phone call left with an answering service Tuesday. - --- MAP posted-by: GD