Pubdate: Sat, 29 Jan 2005
Source: Union Leader (NH)
Copyright: 2005 The Union Leader Corp.
Contact:  http://www.theunionleader.com/
Details: http://www.mapinc.org/media/761
Author: Peg Warner, Union Leader Correspondent

MEMBERS OF STATE ANTI-DRUG UNIT ESCAPE CRIMINAL CHARGES

BRENTWOOD -- An investigative report on two separate bar altercations
last March in Portsmouth concludes the behavior of several off-duty
state Drug Task Force officers was "juvenile, embarrassing to the
individuals, to their departments and to law enforcement."

But barring any new information, the involved officers, who represent
several Seacoast police departments in the drug unit, will not face
criminal charges, according to the report issued yesterday by
Rockingham County Attorney Jim Reams.

"It's sort of a black day for law enforcement in this county," Reams
said after releasing the 212-page report. "It's behavior that you
would expect from high school or college students who've been
drinking, not sworn law-enforcement officers."

Former state Attorney General Peter Heed asked Reams to evaluate the
evidence state police had collected. Prior to that, Portsmouth Police
Chief Michael Magnant had initiated an investigation into allegations
an off-duty officer from his department had been assaulted at Paddy's
Restaurant late on St. Patrick's Day (March 17). And additional
allegations of an assault on a civilian at Gilley's Restaurant early
on the morning of March 18 had surfaced.

Heed, who has since left the office, went to an outside prosecutor
because the Attorney General's Office supervises the Drug Task Force.

The report is highly critical of the officers involved, not only
because of their behavior, but also because of a general unwillingness
to cooperate voluntarily, even by Steve Arnold, the Portsmouth officer
who was the apparent target of the Paddy's assault. Although,
according to the report, soon after the event, Arnold sent e-mails
about the incident to several people in which he characterized himself
as the victim.

In contrast, according to the report, civilian witnesses were
forthcoming, and some Paddy's employees said the table had grown loud
enough to be heard throughout the bar. They indicated that when staff
members tried to quiet the group down, one blocked the way and
indicated they were police officers.

Some of the officers were under orders from their home chiefs not to
talk with the state police investigators while internal investigations
were ongoing, but still would not cooperate even after they were given
the green light to do so.

But while the officers and other police witnesses who were with them
did not directly provide information, a more complete picture of the
events emerged from a written report by Portsmouth Capt. William
Irving based on what Arnold had told him about the alleged Paddy's
assault.

According to that account, Arnold was at Paddy's after his shift,
along with several other people, including a retired Portsmouth
sergeant and then-Newmarket police chief Rodney Collins, who left
before any physical confrontation.

During the evening, that group joined a group from the Drug Task Force
that included Newmarket officer Kyle True, Exeter officer John
Petrosh, Dover officer Pat Kilbreath and Raymond officer Tom
Southwick. Kilbreath confronted Arnold about a comment Arnold
allegedly made about another Drug Task Force officer -- which Arnold
denied -- and True confronted Arnold, then pulled him off his bar
stool while others in the group interceded.

True went outside, according to the report, then came back in and
asked Arnold to speak to him outside, where Southwick had taken off
his shirt as if preparing for a fight. True asked Arnold if he had
"ratted him out" to Collins -- with whom Arnold socialized -- about
another issue involving Drug Task Force members allegedly drinking
during an undercover operation, according to the report.

According to Irving's report of Arnold's account, True grabbed Arnold
by the shirt, and Arnold retaliated by grabbing True by the shoulders,
throwing him to the ground, grabbing him by his ponytail and telling
him he wouldn't fight him. Arnold told Irving that Southwick then
struck him in the rib cage.

According to a report in October by state police Sgt. Edward Giroux,
the subsequent incident at Gilley's began with "some kind of
altercation" inside, after which a cook yelled at the task force
members and civilians to leave. Then altercations allegedly took place
outside involving Petrosh, Kilbreath and two civilians.

One of the civilians, Craig Silva, who acknowledged he was intoxicated
that night, told the investigators that while they were inside,
someone had "jumped the guy he was with," prompting the cook to tell
them to leave. Once outside, he said his friend was attacked by "four
guys that had been inside." Silva said he positioned himself for a
fight, and that he was repeatedly struck on his shoulders and the back
of his head.

In his report, Giroux raised questions about why the four Drug Task
Force officers never were forthcoming about their involvement in the
Gilley's incident.

Reams' report also includes a number of recommendations about the task
force that were beyond the scope of his investigation, pertaining to
issues underlying the altercations. They involve allegations of task
force officers drinking in the task force's Dover office and drinking
while backing up other officers working undercover.

It is also harsh on James Norris, the commander of the Dover-based
Seacoast unit of the Drug Task Force, for not adequately disciplining
the officers when he learned of the drinking and misled Exeter Chief
Richard Kane by leaving the impression that it had been dealt with.

Heed's successor, Kelly Ayotte, said in a letter to Reams that she has
already begun to address the drinking issues, which she said her
office learned of "months ago." She said "the conduct has ceased."
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MAP posted-by: Derek