Pubdate: Thu, 14 Feb 2002 Source: Dallas Morning News (TX) Copyright: 2002 The Dallas Morning News Contact: http://www.dallasnews.com/ Details: http://www.mapinc.org/media/117 Author: Todd Bensman, The Dallas Morning News FBI WANTS DRUGS KEPT Police Asked Not To Destroy Evidence Amid Fake-Narcotics Inquiry The FBI has asked Dallas police to halt destruction of drugs and other evidence seized since 1997 as part of the agency's investigation into dozens of questionable busts, according to a letter sent to Police Chief Terrell Bolton. Background Coverage of the ongoing investigation from The Dallas Morning News and WFAA. Since November, about 7 tons of drug evidence stored in the police property room has been incinerated as part of a program started after a city audit found huge backlogs of old evidence. The Police Department ended the incineration program in early January, about three weeks before the FBI's Jan. 23 letter. Police supervisors were alerted to several drug cases in October in which suspected illegal substances were later found to be ground gypsum, or Sheetrock. Police launched a public integrity investigation Nov. 30. FBI Special Agent in Charge Danny Defenbaugh said he could not comment about an ongoing investigation. Assistant Special Agent in Charge Ed Lueckenhoff, who wrote the letter, also declined to discuss the investigation. Department spokeswoman Janice Houston said the decision to stop the incineration was based on the department's internal inquiry. "We had an ongoing public integrity investigation, and we thought it was the right thing to do in light of what the issues were surrounding the investigation," she said. "We're confident about everything that's taken place in the property room up to this point, as far as the destruction of evidence goes." A police property room supervisor said Wednesday that she didn't think any of the drugs destroyed were related to any of the questionable cases but added that it was possible. Most of the cases involved confidential informants used by two officers who were placed on administrative leave last month. The property room supervisor, Lt. Forrest Fenwick, said records relating to the destroyed drugs would not necessarily show the names of officers who worked on the cases. The Dallas County district attorney has dismissed more than 70 drug cases filed by Dallas narcotics detectives. The common link in many of the dismissed cases is either the two officers or informants they regularly used. The two undercover narcotics officers, Senior Cpl. Mark Delapaz and Officer Eddie Herrera, were placed on paid leave last month. Police have cut ties with the officers' primary confidential informant, who faces federal charges of Social Security fraud. Police halted the incineration program after a large Jan. 3 burning, before the FBI began its inquiry Jan. 18, to guard against possible mistakes or perception problems, Lt. Fenwick said. Lt. Fenwick, who was assigned in November to oversee the destruction of evidence, said the four burns that took place were carefully monitored by city auditors and police personnel. "Every invoice was connected directly to a specific case," she said. The only officer named on an evidence invoice is the one who delivers the evidence to the property room, Lt. Fenwick said, so police officials would not know for sure whether drugs from any cases filed by the two officers were destroyed. She said police officials were concerned enough about the possibility that needed evidence could have been destroyed that a review of all Jan. 3 burn cases was ordered. She said none of the invoices from that burn showed the names of the officers on leave. "It's feasible that someone else brought the officers' evidence in, but nobody's told me they've been unable to find any evidence that was related to them," she said. "It appears to me that we have maintained what evidence ... [the FBI] might have been investigating." Shortly after the FBI started its investigation, agents came to the property room and gathered evidence, Lt. Fenwick said. The FBI letter to Chief Bolton asked for all police records related to the incineration program dating to July 1, 2001. The letter also asked for the names of officers who helped load the drugs on a truck destined for an incineration facility in Carthage in East Texas. Invoices from the two private companies that conducted the burnings show: . The department paid to have 6,171 pounds of old drug evidence burned Nov. 1 and 7, five weeks after police officials authorized that a lie detector test be given to a police informant involved in all of the questioned narcotics unit busts. . Another 6,280 pounds of old drug evidence from the property room was destroyed on or about Dec. 18, nearly three weeks after Chief Bolton said he had ordered the public integrity investigation. . Another 2,740 pounds was destroyed Jan. 3, three days after Chief Bolton had a news conference to acknowledge problems with the cases. Sharps Compliance Inc., a Houston-based environmental cleanup company, conducted two of the incinerations at its Carthage facility with oversight by several police officers, which is routine for such operations. The names of those officers are unknown. Burt Kunik, president of Sharps Compliance, said the Police Department hired his company to do the incinerations within the last two months. He referred other questions to police officials. Evidence and property from about 12,000 drug and 50,000 property crime cases is stored in police property rooms each year. Last year, the department disposed of items from only about 8,000 drug cases and 25,000 property crimes, auditors found. The city audit concluded that an obsolete manual record-keeping system, understaffing and massive evidence backlogs had contributed to haphazard methods of storing seized drugs. The audit of the property room did not require a deadline for the department to begin destroying evidence. In response to the auditors, the Police Department set a voluntary deadline of Feb. 15, 2002, for a special task force to reduce the backlogs of obsolete drug evidence to a "manageable level." - --- MAP posted-by: Richard Lake