Pubdate: Sun, 18 Mar 2001 Source: Times-News, The (ID) Copyright: 2001 Magic Valley Newspapers Contact: P.O. Box 548, Twin Falls, ID 83303 Fax: (208) 734-553 Feedback: http://www.magicvalley.com/submit.html Website: http://www.magicvalley.com/ Bookmark: http://www.mapinc.org/raids.htm (Drug Raids) WHY IS ACCOUNTABILITY SO ELUSIVE IN THE EDEN CASE? No one can deny that three men were shot to death Jan. 3 during a Jerome County sheriff's raid in Eden. And no one can deny that the state's official inquiry failed to hold anyone accountable for those deaths. No conclusions have been announced about why they died or who is to blame. Nor are any in the works. Because it was a sheriff's raid, the road to accountability leads straight to Sheriff Jim Weaver. Weaver wasn't planning on a drug raid when he came to work on Jan. 3; state police reports clearly show it was a spur-of-the-moment undertaking. By the time the day was over, two of his deputies and a Jerome County homeowner were dead. What went wrong? Did Weaver act reasonably and prudently, or was he negligent? The Idaho State Police report doesn't reach a conclusion. Weaver's information came from Mary Ann Taylor, a woman living with suspect Tim Williams. Though police and sheriff's deputies on the south side of the Snake River knew her to be an unreliable informant, Taylor nevertheless was the principal source of intelligence for the drug raid on Williams' house. Williams -- who was virtually deaf -- started shooting when Weaver's deputies kicked open an interior door in his home and confronted him with weapons drawn. Williams was armed, and he was jumpy, and he apparently had good reason to be. He had brawled with Taylor's ex-boyfriend not long before and feared another encounter. It was a volatile mixture, yet Weaver chose to press ahead. And Williams, a likable guy with a single-action six-shooter, killed two of Weaver's deputies before dying himself. The drug raid, by the way, yielded about $30 worth of marijuana. Where was the big stash of drugs? More importantly, where is the accountability for a sheriff's raid that went so terribly wrong? The man who decided not to pursue criminal prosecution is Weaver's colleague in Jerome County government, Prosecutor John Nicholson. Though Nicholson followed a recommendation from the state attorney general's office, Idaho law gives local prosecutors almost absolute discretion in a case like this. The wisdom of that law is something the Legislature might want to reconsider. Though accountability through conventional channels is proving elusive, there are other avenues. At the very least, Jerome County Coroner Gerald Ostler should conduct a coroner's inquest. Ostler says he wants to, but adds that he needs Nicholson's support. Even if he goes forward, it's worth remembering that Ostler also works closely with the sheriff's office. So the impartiality of that investigation also could be called into question. What's left? A civil suit by Williams' survivors is likely, and other civil suits could be brought by survivors of the dead deputies. Those cases might go to trial, but hush-hush settlements from the state insurance fund are the most likely outcomes. Money would change hands, but Idaho taxpayers would never know how much. No one would talk about the settlements, no one would admit guilt, and no one but a chosen few would ever know the details. There's little accountability in that. So the final options involve the "r-words" -- recall or resignation. Voters can turn Weaver out of office in the next election, more than 3 1/2 years from now, or they can recall him from office. A recall effort already is under way, but it's unclear if there is enough momentum to strip the sheriff of his badge. As an elected official, Weaver answers to no one except the voters. But the ability of voters to make an informed decision is limited by Weaver's reluctance to divulge information. As things stand, it's a stalemate -- and he's still the sheriff. We endorsed Jim Weaver in the last election because we thought he was the best candidate for Jerome County sheriff. But his steadfast refusal to speak candidly about the Eden tragedy has eroded public confidence in local law enforcement. Has he learned anything from this episode? Is he planning to make any procedural changes? If so, he hasn't told the people who pay his salary. Smug in the security of his office, Weaver hasn't taken responsibility for the fact that three Jerome County residents died in a raid that he ordered and led. Those in official circles apparently have no problem with this lack of accountability. If Jerome County residents want accountability, they will have to generate it themselves with a recall petition. - --- MAP posted-by: Terry Liittschwager