Pubdate: Fri, 14 Jul 2000
Source: Wisconsin State Journal (WI)
Copyright: 2000 Madison Newspapers, Inc.
Contact:  http://www.wisconsinstatejournal.com/
Author: Dean Morrison, City Government Reporter

AMESQUA FIRES 1 OF 4 SUSPENDED FIREFIGHTERS

His Driver's License Has Been Revoked, Which Is A Violation Of Employee 
Requirements.

Madison Fire Chief Debra Amesqua has fired one of four firefighters 
suspended for alleged drug use -- but did so because the firefighter's 
driver's license has been revoked.

Amesqua quietly fired Okoto Torti, 28, last Friday after learning his 
license had been revoked in June for five years for habitual traffic 
offenses, Assistant Chief Carl Saxe said Thursday. Okoto had been with the 
force for five years.

Also, the department may suspend another firefighter if it verifies media 
reports that the firefighter engaged in cocaine activity and lied about it 
during an ongoing internal investigation, Saxe said.

To help the Fire Department, the city today is expected to ask the U.S. 
District Court for documents related to a federal drug probe at the former 
Jocko's Rocket Ship bar, 430 W. Gilman St. The probe led to indictments of 
owner Robert "Boot" Schuh and eight others and the Fire Department internal 
investigation of 11 members.

The city is seeking the documents so the Fire Department can make decisions 
based on hard evidence rather than media reports, the mayor's chief of 
staff, Enis Ragland, said.

"We have to follow the rules," Ragland said. "We have to legally get the 
information and legally use it in our investigation."

The city police and Dane County district attorney's office also don't have 
the materials.

Meanwhile, attorneys for some defendants facing federal drug charges 
related to Jocko's are now voicing concern about whether their clients can 
get a fair trial. The concerns come after leaks and media reports on 2,000 
pages of police reports and grand jury testimony.

U.S. attorney Peg Lautenschlager said she sent the documents to defense 
attorneys last week to help them prepare for trial but can't release them 
to the city or the public. Some attorneys suspect a defense attorney leaked 
the materials in an effort to secure a change of venue for upcoming trials.

Amid the media reports, the Fire Department is struggling to get 
information for its internal inquiry, now dragging toward its fourth month. 
In April, Amesqua suspended with pay four firefighters accused of the most 
serious drug offenses -- Dave Barlow, 47, Paul Elvord, 43, Tracy Patterson, 
37, and Torti.

But Amesqua acted swiftly with Torti after his license was revoked.

Torti first lost his license in 1997 for habitual driving offenses but got 
an occupational permit and stayed on the department, Saxe said. But after 
learning that Torti's license had been revoked again June 5, the department 
scheduled a hearing and Amesqua fired him soon afterward, Saxe said. The 
Police and Fire Commission isn't involved because Torti was fired for 
failure to meet minimum employment requirements, not as a disciplinary 
measure, Saxe said.

Firefighters union president Joe Conway Jr. could not be reached for comment.

The department is concerned but can't act quickly on media reports that 
seem to implicate more firefighters in the Jocko's scandal, Saxe said.

"Red flags are going up," he said, adding that the chief is suspending 
members accused in documents of dealing, using drugs on duty, engaging in 
drug activity on city property, or lying in the internal investigation.

The information leaks may damage federal court proceedings, attorneys for 
two defendants said.

"I'm beginning to wonder if I should file a motion for a change of venue," 
said attorney Robert Benavides, who represents Schuh, now working at an 
area gas station.

Attorney David Ham, who represents federal defendant Jeremiah Matthews, 
said, "We are very concerned about the pre-trial publicity and the effect 
it might have on picking a jury."

Those facing federal drug charges are Schuh, 49; Mathews, 31; John R. 
Salmon, 41; Christopher Mims, 28; Curtis Lane, 55; Rick Grafton, 51; James 
Leon, 35; Lisa Nolen, 36; and David Lund, 39. Salmon, a bartender, already 
has pleaded guilty to conspiring to run a drug house.
- ---
MAP posted-by: Keith Brilhart