Pubdate: Wed, 22 Sep 2004
Source: Fayetteville Observer (NC)
Copyright: 2004 Fayetteville Observer
Contact:  http://www.fayettevillenc.com/
Details: http://www.mapinc.org/media/150
Author: Rochelle Williams, Staff writer
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

LIEUTENANT - ALLEGATIONS ARE FALSE

WILMINGTON - Lumberton police Lt. Leon Oxendine testified Tuesday that
he never told an informant to plant a computer disk that contained an
image of a $100 bill in a suspect's home.

Oxendine is on trial in U.S. District Court on charges of tampering
with a witness, making false statements to the FBI and five counts of
making false declarations before a federal grand jury.

Oxendine is accused of having a computer disk planted inside a house
on Albion Street in Lumberton where police suspected that James Todd
Allen was selling crack cocaine and Ecstasy.

Oxendine testified that informant Scott LaClaire told police that
Allen also was making counterfeit money at the house.

Oxendine said that LaClaire told him he had seen the disk in the
bathroom of the house.

Oxendine said he had no reason to plant the disk because LaClaire had
told him that he had seen it at the house. He said he trusted LaClaire
because LaClaire had given the police reliable information in the past.

Oxendine testified that he later began to doubt LaClaire's information
because he described the disk as black at one point but later said it
was orange.

Despite his doubts about LaClaire, Oxendine said, he told police
officers to look for the disk when they searched the house for drugs
Sept. 6, 2001.

Oxendine's testimony differs from LaClaire's version of what happened.
Last week, LaClaire testified that he lied to Oxendine about the disk
being at the drug dealer's house.

LaClaire said the disk actually was at his own house. He said he told
Oxendine that he had lied and brought the disk to the police station.
LaClaire testified that Oxendine told him to go to the house on Albion
Street and plant the disk.

Woodberry Bowen, Oxendine's lawyer, asked his client to explain why he
can be heard saying, "See, I'm the one who planted the disk," during a
conversation involving Oxendine and former Lumberton police officer
James Jordan. The conversation was recorded Feb. 14.

Oxendine testified that he was trying to explain the FBI's charges
against him.

"I meant to say, 'I'm the one they said planted the disk,'" Oxendine
testified.

Jordan was one of the officers involved in the search on Albion Street
on Sept. 6. Jordan agreed to testify against Oxendine as part of a
deal with investigators. Jordan allowed investigators to tape
conversations between him and Oxendine.

Oxendine testified that he couldn't remember whether federal agent Don
Baucom participated in a discussion between a group of officers and
LaClaire at a police substation Sept. 6, 2001.

"I just can't recall if he was there. I really can't say," Oxendine
said.

Baucom testified Thursday that he heard Oxendine tell LaClaire to
plant the evidence. Lumberton police detective Larry Williamson and
former officer Billy Ray Roach testified Friday that Baucom was not
present during the conversation.

Lawyers are scheduled to begin closing arguments in the case this
morning.
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