Pubdate: Mon, 15 Apr 2002
Source: Fort Madison Daily Democrat (IA)
Copyright: 2000 The Democrat Company
Contact:  http://www.dailydem.com/
Details: http://www.mapinc.org/media/1062
Author: Thomas D. Overton
Related: http://www.mapinc.org/drugnews/v02/n000/a036.html

YOU COULD BE THE NEXT VICTIM OF OVERZEALOUS OFFICIALS

I am absolutely saddened at reading a two-page article in the Des Moines 
Register reporting the suicide death of Mr. Steve Helling of Fort Madison. 
This was reported ironically on April Fool's Day 2002. I send my 
condolences to Mrs. Bernadette Helling and children.

This is such a tragedy and I totally disagree with comments in the article 
and the way the prosecution was handled.

Last fall, I sent a letter to your newspaper indicating that Mr. Helling 
was unjustly convicted by conviction hungry prosecutors. The same is now 
confirmed. Lee County Prosecutor Michael Short made such a determination 
when he dropped state charges.

I'm extremely appalled by the statement made by Capt. R.L. Dobson of the 
Lee County Task Force, "Investigators can't let respect for a person stop 
them from filing charges." Such a statement is totally incompetent and 
suggests that R.L. Dobson lacks the qualifications to lead the Lee County 
Task Force. First, it wasn't just respect from the community involved in 
how a charging decision should've been made. Rather, it was a husband, 
father and community businessman with credentials, versus incompetent 
criminal drug addicts who had been caught forging prescriptions to obtain 
their dope. These people didn't just go to the Task Force and say, "Look, 
we know an honest man who is allowing forged prescriptions for sexual 
favors." Had that been the case, the Task Force could have set-up a sting 
catching Mr. Helling on tape making drug deals for sexual favors, leaving 
absolutely no room for doubt about the manufactured stories of those 
criminal drug addicts. On the contrary, those criminal drug addicts were 
first caught. Then, knowing that they had duped Mr. Helling with phony 
prescriptions, decided to manufacture a story which has Mr. Helling 
involved in this conspiracy.

Second, even the federal charges were suspect. Conspiracy requires 
"credible" evidence of two or more persons involved in a plan to violate 
the law. Credible evidence would have had to actually show Mr. Helling in 
such a plan. None was shown.

Third, it's clear that Mr. Helling would not be involved in illegally 
dispensing over 100 invalid prescriptions knowing that such prescriptions 
would eventually be reviewed or could be reviewed.

Fourth, if Mr. Helling was involved, as these criminal drug addicts have 
maintained, why would they have to alter old prescriptions from the Keokuk 
pharmacy. He could just give the drugs away to the conspirators.

The actions of the Lee County Task Force and the federal government 
prosecution team was both overzealous and seemingly malicious.

I feel the pain of Mr. Helling and his family because I too was convicted 
here in Lee County by jurors who chose to believe the non-credible evidence 
of correctional officers versus the truth. However, both Mr. Helling and I 
would not have ever been charged if it were not for the incompetent, 
unethical practices of prosecutors.

If the public doesn't know, let me make it clear that a person isn't guilty 
just because they are charged and witnesses give testimony against the 
person. It is the duty of jurors to also use common sense. They must fairly 
look at the people giving testimony to understand whether there is any 
reason for the person to lie, and whether the story told by witnesses makes 
sense.

I mention this because one lady from West Point who was questioned on my 
jury said, "You must be guilty otherwise you wouldn't be in court!" Nothing 
in this letter will ever bring back Mr. Helling or change my sentence of 15 
years for crimes we did not commit. But I hope people will remember because 
someday you may be chosen as jurors or may even be falsely accused of 
charges for which you are innocent.

Finally, I do hope the Helling family will have a thorough investigation 
into the way Mr. Helling's prosecution was handled.

Sincerely,

Thomas Overton

Iowa State Penitentiary
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