Pubdate: Wed, 17 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/corrupt.htm (Corruption - United States)

Jailer Had Fired Cop

LUDLOW DETECTIVE ON HOT SEAT AGAIN

A Ludlow police detective, under investigation for seeking thousands
of dollars as part of plea negotiations with people arrested on drug
charges, was fired from the Kenton County Jail four years ago for
continually violating various county policies. Ludlow Detective Bill
Schilling had been fired by County Jailer Terry Carl for performing
what were described as law enforcement tasks that he had been told not
to do.

The Ludlow allegation follows a similar pattern.

Schilling is under investigation by state police. Other state police
targets could include the Kenton Commonwealth Attorney's office.

In Ludlow, Schilling, who could not be reached for comment Tuesday,
sent letters to people saying he would reduce felony charges to
misdemeanors if they would reimburse the Ludlow Police Department for
the costs of the investigation.

A copy of one of the letters obtained by The Post shows he also asked
people facing charges to serve as informants and make drug buys.
Ludlow police officials have confirmed that Schilling was sending the
letters, but said that the detective was just being overeager to help
fight crime.

Both Ludlow City Attorney Chris Mehling and Commonwealth Attorney Bill
Crockett said Schilling was acting on his own and not as part of their
offices' prosecution of crimes.

But, Crockett, in fact, said he told Schilling the activity was wrong
and potential illegal at least twice before Schilling stopped.

Both, however, have said they believe Schilling was merely being
aggressive in performing his duties. He continues to work for the
Ludlow police department.

In May 1999, Kenton County Jailer Carl fired Schilling for performing
tasks that he had been ordered to stop. At the time, Schilling, who
had worked in Carl's 1998 campaign for the office, had been chief
deputy for five months.

Previously, Schilling worked in the Covington Police
Department.

According to county documents received under the state Open Records
Act, Schilling was to be demoted on May 4, 1999, for insubordination,
management deficiencies and work execution. When he did not show up to
meet with Carl about the demotion on May 7, he was fired.

Among the specific reasons, Carl said Schilling was "ordering
equipment without myself or the director of administration's knowledge
or approval even after having been directed to attain such prior
approval," according to the records. Carl also said Schilling was
"disobeying direct orders from myself regarding Kenton County
Detention Center policy and operations."

Around the same time that Schilling was fired, Carl acknowledged a
number of administration errors. Among the missteps: a mixed-up order
for about $5,000 of worth commando-style uniforms, some guns traded-in
without following proper procedures and 10 more pagers purchased than
approved.

At the time, Carl declined to tie the firing of Schilling with the
incorrect orders. Neither does Schilling's personnel file make a
direct connection.

In November of that year, Schilling sought a job with the Fort Thomas
Police Department. He later was hired at the Ludlow department.

A call to the Ludlow department seeking comment from Schilling was
returned by Chief Ray Murphy.

"The problem right now is we've been instructed by the city attorney
to make no comment, and to refer all inquiries to him," said Murphy.

Schilling helped launch a probe into drug trafficking in Ludlow in
February, but officials said he went too far when he tried to
negotiate plea deals with those he arrested. In several cases, he
asked for thousands of dollars in drug forfeiture money for the
department, often putting his requests in writing.

For instance, a "proffer agreement" for Carolyn Merritt, arrested with
her parents and husband in late February, originally called for her to
forfeit some $30,000.

Part of the payment would have been in lieu of police seizing her
house on Adela Avenue, the letter said.

But Merritt, in an interview, said her parents owned the house. She
also said it was being foreclosed on.

Merritt, her parents, and her husband all originally were charged with
possession of marijuana, trafficking in cocaine, possession of a
controlled substance, and possession of drug paraphernalia, she said.

Shortly after her arrest, she said Schilling offered the plea
bargain.

In addition to the $30,000 -- which is typed in but later crossed out
on her copy, which she gave to The Kentucky Post -- the agreement
called for her to become a confidential informant and make five drug
purchases from five different people.

She also was to agree to testify about drug trafficking in Ludlow, and
perform 100 hours of community service "at the discretion of the
Ludlow Police Department."

The document called for Merritt to plead guilty to the felony
trafficking charge and receive probation.

But that is crossed out, and written in is that she would plead guilty
to a misdemeanor, possession of marijuana, and received a suspended
sentence. The felony charge would be withdrawn, the documents said.

Crockett has said Schilling has no authority to make any such plea
deals, and was doing so without his knowledge or consent.

He said he later learned that Schilling continued to make such offers
even after Crockett told him not to do so.

Crockett said he never authorized or accepted such deals, and no money
ever changed hands.

Merritt eventually did plead guilty to misdemeanor drug charges, in
return for a $100 fine, court costs and 100 hours of community service.

Her parents reached a similar deal, but felony drug charges against
her husband are pending, she said.

She said she never paid any money to the police department, although
it confiscated about $150 in cash at the time of her arrest.
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MAP posted-by: Richard Lake