Pubdate: Sun, 23 Oct 2005
Source: Topeka Capital-Journal (KS)
Copyright: 2005 The Topeka Capital-Journal
Contact:  http://cjonline.com/
Details: http://www.mapinc.org/media/455
Author: Fredrick J. Johnson

D.A. DROPS 27 DRUG CHARGES

More Charges Likely In Investigation Of Former Narcotics Officer

Shawnee County District Attorney Robert Hecht said Monday that he had 
dismissed criminal drug charges against 27 people because he couldn't 
assure the credibility and reliability of a material witness or the 
credibility of the evidence in the cases.

He said in a news release that the necessity of dismissing the charges 
became evident "during the course of a joint investigation of activities of 
certain police officers conducted by the Kansas Bureau of Investigation and 
the District Attorney's Office."

"Because this investigation is coming to a close and other consequences may 
result, this office cannot, and will not, provide any more specific 
information at this time for to do so may impact the rights of future 
litigants," Hecht said.

Topeka Police Chief Ed Klumpp said Monday afternoon that Hecht had told him 
about a month ago that at least one other person would be charged in 
connection with an investigation of former police narcotics officer Thomas 
Pfortmiller.

However, Klumpp said, he hadn't seen the KBI investigative report and 
didn't know who or how many people would be charged. He said he assumed 
that when he did receive the report, there would be disciplinary issues to 
consider and some changes in policy and procedures.

The D.A.'s office and KBI began an investigation last year as the Topeka 
Police Department was conducting an investigation of cases handled by 
Pfortmiller. The police department's internal affairs investigation began 
in October 2003, and the D.A. and KBI launched their investigation in 2004, 
after Klumpp met with Hecht to discuss several cases in which Pfortmiller 
had been involved. Charges were never filed in those cases.

Pfortmiller resigned in May 2004 after being on administrative leave for 
two months. He was charged in March of this year with 100 criminal counts 
relating to the misuse of public funds and perjury. As the result of a plea 
agreement, he pleaded no contest on July 15 to 50 felony counts related to 
money he took that had been intended for undercover drug buys. The other 50 
counts were dismissed.

Sentencing is set for Sept. 16.

In his news release, Hecht said, "Nothing is more critical to the criminal 
justice system than that it has integrity and credibility and that the 
public is confident it has both."

Klumpp said Hecht had indicated earlier some cases would be dismissed as 
the result of the KBI investigation.

"I knew this was coming," he said.

One of the principles of the justice system is that it is better that a 
guilty person go free than an innocent person be convicted, Klumpp said, 
"so if there is any doubt, this is the thing to do." Klumpp said he was 
anxious to see the KBI's investigative information so the department could 
put the issue to rest and ensure the public it was doing everything it 
could to make sure it wouldn't happen again.

He said earlier this year that as a result of the Pfortmiller investigation 
the department had made policy and procedure changes that included how it 
handles transactions with confidential informants, tracks funds and logs 
transactions in its records.
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