Pubdate: Fri, 12 Jul 2002
Source: Tennessean, The (TN)
Copyright: 2002 The Tennessean
Contact:  http://www.tennessean.com/
Details: http://www.mapinc.org/media/447
Author: TODD DEFEO, The Leaf-Chronicle

DRUG CHARGES AGAINST 28 SUSPECTS DROPPED

CLARKSVILLE, Tenn. - Federal charges against 28 men arrested during a 
February 2000 drug bust here were dropped after the U.S. Attorney's Office 
barred one of its prosecutors from discussing an internal memo about the 
investigation with defense lawyers.

First Assistant U.S. Attorney Bob Watson said several factors, including 
revealing the memo that contained possible weaknesses in the case, played 
into the decision not to prosecute.

Watson raised concerns about a judge forcing the office to turn over the 
memo as part of evidence requested by defense lawyers.

''We would be in a position where we couldn't comply with that order,'' 
Watson said. ''We didn't want to put ourselves on a course where we would 
be put in a corner and have to tell the court we couldn't comply.''

He said it would be against standards for U.S. attorneys to discuss the 
internal office memo with defense lawyers.

On June 7, 2001, defense attorneys asked for additional discovery 
information relating to the case. District Judge William J. Haynes 
partially granted the defense request on July 23, 2001.

On April 9, the U.S. Attorney's Office told Clarksville police they did not 
intend to comply with Haynes' order allowing the defense to interview one 
of its prosecutors and said at the time that the decision could result in a 
dismissal of all of the indictments.

The Department of Justice, according to the police documents released 
yesterday, said it would not allow the U.S. Attorney's Office to appeal 
Haynes' ruling unless the prosecutor filed an affidavit explaining the 
memo. The U.S. Attorney's Office would not agree to that provision, either.

District Attorney General John Carney said that because of the federal 
decision, he is unable to proceed on any state charges, including probation 
violations and other drug charges.

''I think they're good cases,'' he said. ''But they (federal authorities) 
have prosecutorial discretion.''

Police documents show that as part of their investigation, Clarksville 
police working with the Drug Enforcement Agency identified two distinct 
groups to investigate - the ''Northside Organization'' and the ''Southside 
Organization.'' A third group, not identified by name, was also discussed 
but was not part of the investigation.

Police Chief Mark Smith said in a news conference yesterday he is upset by 
the decision not to prosecute the cases. He insisted the police 
department's investigation was not selective in nature.

''It's their call to prosecute,'' Smith said. ''Although it upsets us, we 
have no recourse.''

He said his officers will continue to crack down on the drug trade.

''We're going to fight drugs like we've always fought drugs,'' Smith said.
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