Pubdate: Sat, 06 Sep 2003
Source: Kentucky Post (KY)
Copyright: 2003 Kentucky Post
Contact:  http://www.kypost.com/
Details: http://www.mapinc.org/media/661
Author: Paul A. Long, Post staff reporter
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

PLEA DEALS QUESTIONED

State police have been asked to look into whether Kenton County prosecutors 
and Ludlow police improperly sought cash payments as part of plea 
agreements with people arrested during a drug investigation in the small 
river city. Several defense attorneys recently received "proffers" -- an 
offer made during plea negotiations -- that asked the suspects to pay up to 
$12,000 in reimbursements to the Ludlow Police Department for the costs of 
its investigation.

About a week ago, one of those defense attorneys carried the complaints to 
several Kenton circuit judges. Three of the judges agreed to forward the 
information on to state police for investigation.

Kenton Commonwealth Attorney Bill Crocket said the demands in the proffers 
were made not by him or his assistants but by an overeager Ludlow detective 
who overstepped his authority.

"Yes. I can say he proposed a recovery of anywhere from $5,000 to $12,000 
or more," Crockett said. "We said, 'You can't do that.'"

Crockett said Detective Bill Schilling was acting in good faith, but he had 
to be told at least twice during the past few months that his actions were 
outside the law.

He also was told that only the commonwealth attorney's office, not any 
police department, is allowed to negotiate pleas with suspects.

Ludlow City Attorney Christopher Mehling said the city already is taking 
steps to ensure the practice does not recur. Next week, the city council 
will review new policies saying that plea agreements and forfeiture of 
assets from criminal activity are to be handled only by the commonwealth 
attorney, not the city or its employees.

He said city officials -- including Mayor Ed Schroeder and Police Chief Ray 
Murphy -- met Thursday night with Crockett and several of his assistants.

"It became clear that our detective thought the city had a right to try to 
recover the costs of the investigation," Mehling said. "Although 
good-intentioned, that's not the law."

State police investigators could not be reached for comment late Friday 
afternoon.

Both Crockett and Mehling said no one from the agency had contacted them 
but that they would cooperate fully with any investigation.

"I welcome any inquiry into what's going on in my office," Crockett said.

Crockett's office has been criticized by the circuit judges, who say he 
runs an inefficient and sometimes incompetent office. He has always 
defended his work and the work of his office, though, saying he always does 
what he thinks is right for the people of Kenton County.

He said that, of the dozen or so cases generated from a drug investigation 
Ludlow police launched earlier this year, three or four people have pleaded 
to misdemeanor marijuana charges. The remaining cases are pending before 
the grand jury.

None of the guilty pleas involved forfeiture of any assets, Crockett said. 
"There was no money generated for the Ludlow Police Department," he said.

"There have been no payments of money in any case. There has been no 
agreement reached that has anything to do with cash being paid to the 
Ludlow Police Department. Nor is that a viable option."

He said discussions are ongoing with attorneys who are defending the nine 
or so remaining cases. Many of those have been delayed because prosecutors 
are awaiting lab results, he said.

Some of those lab results have been bad news for the prosecution. One 
baggie suspected of containing cocaine turned out to contain baking soda. 
Another thought to be a controlled substance turned out to be Tylenol, 
Crockett said.

In another instance, Crockett said, one of his assistants did seek 
forfeiture of drug assets as part of a plea agreement.

The prosecutor's office can legally seek money or property gained through 
drug sales or other criminal activity as part of its resolution of cases.

The defendant -- who is serving time for another crime -- said he had no 
money and rejected the plea bargain, Crockett said. That case is likely to 
go to trial.

He said it's not unusual for prosecutors to seek forfeiture of assets or 
money in drug cases. That's far different, he said, from a police officer 
or prosecutor's seeking payment of cash to pay for investigative costs.

"It can't be done," he said. "It's illegal to do."
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