Pubdate: Thu, 18 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

DRUG SUSPECT: CHIEF WANTED $1,000

Ludlow Police Chief Ray Murphy offered to make a felony drug case disappear 
for $1,000, a man in court on drug charges testified Wednesday during an 
open court hearing. Murphy, who was not at the hearing, later called the 
charge bogus.

But Edward Elmore told Kenton District Judge Doug Grothaus that his 
attorney had passed along the offer, saying it came directly from Murphy. 
And while the attorney, Brad Braun, declined to testify at the hearing 
Wednesday on the basis of attorney-client privilege, he said later that 
Elmore was telling the truth.

As a result of the accusation, Grothaus refused to accept a plea agreement 
Elmore made with the Kenton Commonwealth Attorney's office, and said he 
would forward the accusation and testimony to the proper authorities.

"Given the nature of the atmosphere that is going on, and the fact that Mr. 
Elmore has indicated that an offer was communicated through his attorney -- 
from the police chief of Ludlow requesting $1,000 -- to make this all go 
away, causes the court grave concern," Grothaus said.

He postponed taking any action on the case -- and two similar cases -- 
until Oct. 14.

State police already are investigating allegations that Ludlow police 
improperly sought cash payments as part of plea agreements with people 
arrested on drug charges. But those accusations center around Detective 
Bill Schilling, who reportedly was seeking drug forfeiture money or 
reimbursements to the police department in return for leniency.

Commonwealth Attorney Bill Crockett said Schilling was acting on his own.

The testimony Wednesday was the first that named Murphy, who hired 
Schilling and served with him in the Covington Police Department, as a 
player in the potential scandal.

"I'm astounded by it," said Ludlow City  Attorney Chris Mehling, "I can't 
believe it's true. -- To be honest, it makes no sense."

Murphy said it simply is not true.

"I never offered Edward Elmore any agreement," he said. "I never made any 
statement to Brad Braun about reducing any sentence for any amount of money."

The accusation came during a routine hearing. Elmore, 19, who was among 
three people arrested Aug. 12 at a "marijuana party" on Elm Street in 
Ludlow, had reached a legitimate plea deal with Assistant Commonwealth 
Attorney Jim Redwine.

The other two men arrested with Elmore -- Robert T. Wilson, 18, and John 
Peach, 19 -- said they had had no discussions with Murphy. Their attorneys, 
Mark Woloshin and F. Dennis Alerding, respectively, also said they had no 
contact with Murphy about the cases.

In the deal Redwine worked out with Elmore, Elmore was to plead guilty to 
possession of marijuana and a reduced misdemeanor charge of unlawful 
transaction with a minor. Redwine agreed to drop a felony charge of 
cultivating marijuana and recommend a 180-day suspended sentence and a $500 
fine.

Redwine said he had reviewed the case and made the offer based solely on 
the quality of the evidence.

As part of accepting Elmore's guilty plea, Grothaus asked a number of 
standard questions, including if anyone had made any other offers or 
promises to him.

"Yes, your honor," Elmore replied.

Grothaus, looking surprised, asked, "What was that offer?"

The conversation continued:

Elmore: "It was, I think, it was the police department of Ludlow."

Grothaus: "And what was that offer?"

Elmore: "$1,000 to get rid of all the fines."

Grothaus: "And who made that offer to you?"

Elmore: "The police chief."

Grothaus: "And what was that person's name?"

Elmore: "I don't quite remember."

Grothaus: "Was it Chief Ray Murphy?"

Elmore: "Yeah, that was it."

After Elmore told Grothaus that he did not actually speak with Murphy, but 
the offer had been through his attorney, Grothaus put Braun under oath and 
asked him what happened. But Braun declined to testify, citing 
attorney-client privilege.

Outside the courtroom, Braun again declined to discuss any specifics, but 
backed up Elmore's testimony.

"His testimony was accurate," Braun said.

"My client told the truth today."

Grothaus then put Redwine under oath, and asked him if he know anything 
about any offer Murphy did or did not make.

"I have absolutely no knowledge as to what they're talking about," Redwine 
said.

Redwine said the case had not been assigned to a specific lawyer in the 
commonwealth attorney's office, and he was reviewing it like any other case 
before conducting a preliminary hearing.

But he noted that he would have trouble conducting any hearing on Elmore's 
case, or on the cases of the other two men. The police officer in the case 
- -- Schilling -- had failed to respond to a subpoena to appear to testify, 
he said.

"My officer, who was subpoenaed, is not here today," Redwine said.

"Nor do I anticipate that the commonwealth will ever be able to produce 
that witness soon."

Redwine later said he was simply giving an opinion, and didn't know 
anything about Schilling's future.

Grothaus ordered Schilling to appear in court Oct. 14 to explain why he did 
not respond to the subpoena.

Murphy said Schilling was in Atlanta on military duty. He expected him to 
return soon, and said his job is safe.

"I anticipate Detective Schilling to be with us as long as he wants to be 
with us," Murphy said.

"I don't anticipate anything changing."
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MAP posted-by: Beth