Pubdate: Wed, 06 Feb 2002
Source: Mobile Register (AL)
Copyright: 2002 Mobile Register
Contact:  http://www.al.com/mobile/
Details: http://www.mapinc.org/media/269
Author: Joe Danborn

FORMER POLICE OFFICERS GUILTY

Anthony Diaz Convicted Of Only One Misdemeanor Count But Frederick Pippens 
Facing Possible Prison Time; Jurors Unable To Agree On Most Charges

Federal jurors Tuesday convicted two former Prichard detectives of taking 
money from drugsuspects, but differences in the convictions will mean 
starkly different sentences for the two men.

The jury in Mobile failed to reach a verdict in any of the 11 other counts 
against Anthony Diaz and Frederick Pippins, including more serious 
allegations of racketeering and conspiring to racketeer.

"I'm doing the victory dance, with a limp," said Diaz's lawyer, Lila Cleveland.

Both men plan to appeal the convictions, their lawyers said.

The lack of a complete verdict forced Chief U.S. District Judge Charles 
Butler Jr. to declare a mistrial on the remaining counts for the second 
time in the ongoing case.

Pippins, Diaz and four one-time colleagues -- former Lt. James Stallworth 
Jr., former Sgt. John Stuckey and former detectives Derek Gillis and Nathan 
McDuffie -- went on trial together in October. That jury did not reach a 
verdict on any of the more than four dozen combined counts.

All of the defendants except Pippins and Diaz pleaded guilty last month and 
agreed to testify for the prosecution in exchange for lenience at 
sentencing. The plea deals call for punishments ranging from probation to 
three years in prison.

"We're very, very pleased that all six defendants were convicted," Justice 
Department prosecutors Peter Ainsworth and Rita Glavin said in a joint 
statement. "The convictions of all six defendants are certainly a message 
that corruption in law enforcement in any form won't be tolerated."

Glavin said they have not decided whether they will continue to pursue the 
unresolved counts against Diaz and Pippins.

Diaz could have faced more than 15 years in prison had jurors convicted him 
on all counts. But jurors found him guilty only on a misdemeanor 
deprivation of rights charge, concluding he pocketed a man's cash during a 
1999 raid on a house known for gambling and drug use.

Because his conviction is not a felony, Diaz could appeal his termination 
to the Mobile County Personnel Board and become a police officer once more.

"I think if possible, he would like to be reinstated into Prichard just so 
he can leave on good terms, without being fired," Cleveland said.

The jury convicted Pippins of extorting thousands of dollars from a 
California drug dealer in 1999. Pippins could have gotten a nine-year term 
had he been convicted on all counts.

After the verdict, it was unclear how much prison time Pippins is facing.

Pippins' decision to secretly record a telephone conversation between him 
and Stallworth -- and Pippins' lawyer's decision to play it in court -- 
might have backfired. Butler ordered Pippins held in jail pending 
sentencing after determining Pippins violated the conditions of his release 
when he had the conversation with Stallworth.

Pippins and Stallworth -- once so close that Stallworth asked Pippins to be 
the godfather of his child -- were not allowed to speak to each other as a 
condition of their release following their arrests last summer.

Butler's decision sent Pippins' mother hurrying from the courtroom to the 
hallway, where she sobbed and -- frantically and in increasing volume -- 
repeated the phrase, "Help me, father!"

As she left, deputy U.S. marshals took her son's belt and necktie from him, 
handcuffed him and led him away.

Prosecutors indicated they would ask Butler to lengthen Pippins' sentence, 
contending Pippins obstructed justice by recording the tape. They did not 
know of its existence until Pippins' lawyer, Willie Huntley, sandbagged 
Stallworth on the witness stand.

Huntley said later that he didn't understand how taping a phone 
conversation could amount to obstruction of justice.

On Jan. 29, Stallworth provided some of the most damaging testimony against 
Pippins, saying they and McDuffie split $9,000 that convicted drug dealer 
Cornelius Moore surrendered in exchange for his freedom. Moore testified 
that the amount was $10,000.

On cross-examination, Stallworth told Huntley he did not have a phone 
conversation with Pippins after pleading guilty, whereupon Huntley produced 
the tape. Prosecutors objected, and Butler suspended Stallworth's 
testimony. The following morning, Stallworth said he remembered the 
conversation after all, and Huntley was allowed to play a few segments of 
the tape.

Huntley played a portion of the tape for the Mobile Register before it was 
played in court. Ainsworth and Glavin asked Butler for unspecified 
sanctions against Huntley for doing so. The judge had not ruled on the 
matter as of late Tuesday.

Huntley said his client understood the risks of recording the conversation.

"We had discussed it. He was aware of the consequences," Huntley said. "But 
like I say, I still think it was worth it."

Two jurors told the Mobile Register that the tape had only a moderate 
effect on their deliberations. Foreman Doug Batson, a retired Army veteran 
from the south Baldwin County community of Elberta, noted that the tape 
itself was not entered into evidence.

Brenda Johnston, a nurse's assistant from the small south Washington County 
town of Malcolm, situated on U.S. 43 a few miles north of the Mobile County 
line, agreed the tape had a limited impact because jurors heard only 
snippets of it.

Johnston said, however, that the tape did cast doubt on Stallworth's 
credibility.

"He didn't acknowledge the phone call until Mr. Pippins' attorney, Mr. 
Huntley, reminded him with the tape recording," Johnston said. "I mean, a 
phone call you don't forget. Your memory might be hazy, but you would 
remember a phone call at a certain date."

Jurors deliberated briefly Thursday afternoon, then again all day Friday 
and Monday.

Johnston said she was the lone holdout against possible further 
convictions. She and Batson acknowledged that deliberations might have 
continued had she not asked to see the judge privately Tuesday morning to 
make her stance known.

Batson sent a note to the judge, telling him that one juror felt the others 
were attempting to use undue influence to get her to change her vote. That 
juror talked about retaining a lawyer and abstained from further votes, the 
note said.

"Some of the other jurors wanted to just drag it out," Johnston said. "I 
hadn't changed my mind. I wasn't going to change my mind. And the way I 
felt, it was going to stay that way. If the discussions had dragged out 
from now to next week, the verdict would've come out the same."

Cleveland, Diaz's lawyer, said she might base her appeal on the idea that 
other jurors pressured Johnston.

Huntley said he would appeal Butler's decision to jail his client. At the 
same time, he said he thought prosecutors should ask for Stallworth's 
detention.

"I believe it is the appropriate thing to do," Huntley said. "You've got a 
case of conditions of release being violated, and I believe that is the 
appropriate step to take."

Prosecutors declined to comment on the matter.

Pippins and Diaz are set for sentencing May 14. The other four former 
officers are due to be sentenced April 30.
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