Pubdate: Fri, 19 Dec 2003 Source: Charleston Daily Mail (WV) Copyright: 2003 Charleston Daily Mail Contact: http://www.dailymail.com/ Details: http://www.mapinc.org/media/76 Author: Toby Coleman, Daily Mail staff Bookmark: http://www.mapinc.org/find?118 (Perjury) Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States) FEDERAL JUDGE TO RECONSIDER DRUG SENTENCES Witnesses say they were told to lie about amounts A federal judge says he will look into allegations that a Charleston police officer told key witnesses to lie on the stand in federal court. The move, announced Wednesday, is intended to resolve questions surrounding the 1999 sentencing hearings of drug kingpins Calvin Dyess, Orange Dyess and Eric D. Spencer. Three key witnesses at the hearings, including Calvin Dyess' ex-wife, say Cpl. William Hart urged them to inflate the amount of drugs handled by the men. Dyess' ex-wife, Rachel Ursula Rader, was having an affair with Hart and later married him. She brought forth the perjury allegations in 2001 when she was in the process of divorcing Hart. The testimony of Rader and two others was key for prosecutors because federal judges plug the drug amounts into a formula that helps determine the sentences for people convicted of drug-related offences. Calvin Dyess was sentenced to life in prison for conspiring to deal drugs and launder money; Orange Dyess was sentenced to more than 19-and-a-half years in prison for maintaining a drug distribution center; and Spencer was sentenced to nearly 22 years in prison for drug conspiracy. In his order scheduling an evidentiary hearing on the matter next March, U.S. District Judge Charles Haden wrote that he can't tell whether any of the witnesses actually committed perjury during the sentencing hearings. But to assure himself "that the sentences imposed were based on truthful testimony and accurate accounts," he said he will look into the matter. "To do otherwise could shake the public's confidence that the sentences imposed were lawful, fair, just and principled," he wrote. Allegations of perjury were first brought forward by Rader in December 2001. She said Hart, who she was in the process of divorcing at the time, told her to lie about cooking crack in Spencer's apartment and told her what to say during the Dyess' sentencing hearing. Since then, at least one other witness' testimony has been called into question. Federal prosecutors also are looking into allegations that Hart gave Rader thousands of dollars of seized drug money. In February 1999, Rader claims she turned over about $80,000 of Calvin Dyess' hidden cash to Hart. She says she let him keep about $27,000. Hart, who turned over about $41,000 of the money to the federal government, says Rader gave him about $41,000 and contends he only let her keep about $200 or $300. Hart remains an officer with the Charleston Police Department. - --- MAP posted-by: Jackl