Pubdate: Fri, 03 Jun 2005
Source: Mobile Register (AL)
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Copyright: 2005 Mobile Register
Contact:  http://www.al.com/mobileregister/
Details: http://www.mapinc.org/media/269
Author: Connie Baggett

ATTORNEY SUES CONECUH SHERIFF, FORMER INVESTIGATOR

A Conecuh County attorney arrested on drug charges in 2003 last week filed a
federal lawsuit against the sheriff and a former investigator seeking $13.5
million on claims they illegally tried to entrap her and conspired to have
her arrested and suspended from practicing law.

Conecuh County Sheriff Tracy Hawsey and former Sheriff's Investigator John
Greene participated in an undercover drug operation and later withheld
information from prosecutors and the Alabama State Bar that led to criminal
charges and suspension, according to the lawsuit.

Further, the lawsuit states, Hawsey failed to adequately supervise Greene.

Greene resigned from the Conecuh County Sheriff's Department last year after
a Mobile Register inquiry into his credentials revealed he had not served as
a New York City police officer or narcotics investigator, as he had claimed
on job applications and in court testimony.

Hawsey said Wednesday he has not seen the lawsuit filed last week by
Evergreen attorney Sara Oswald "Sally" Stoddard, and had little comment
regarding the matter.

"Supervision," Hawsey said. "Everybody's trying to get us on that one."

Hawsey denied withholding any information regarding the drug investigation,
and pointed out his administration has prevailed in two recent lawsuits
involving other plaintiffs.

"We have gotten some really bad publicity -- some may be justified, but some
was not," Hawsey said. "The Stoddard case was not just a Sheriff's
Department case. The Alabama Bureau of Investigation participated in that
case from the start. All I can say is we will deal with each case as it
comes."

Greene, now an officer with the New Brockton Police Department in Coffee
County, had little to say when reached by phone Wednesday.

"Why are you calling me?" Greene said. Asked if he had any response to the
allegations in the lawsuit, he said "No, I do not."

Hawsey and Greene faced several lawsuits in recent years, alleging Greene
acted improperly in arrests and in investigations. Some also alleged Hawsey
did not adequately supervise Greene.

A Brewton attorney who is also an assistant district attorney for Escambia
County confirmed last year that Greene stopped him as he traveled to
Evergreen for a hearing in a case against Greene.

Attorney Reo Kirkland said he was delayed for some 30 to 45 minutes in the
traffic stop. Tickets for littering and speeding were dropped later.

The latest allegations stem from a 2003 sting operation that led to the
arrest of Evergreen attorney Stoddard.

According to court records, Stoddard was charged with possession of
controlled substance, prescription medications for which she had no
prescription.

According to investigators at the time of her arrest, Stoddard traded legal
services to clients in exchange for drugs. Stoddard was temporarily
suspended by the State Bar.

The charges were later dropped, and Stoddard was reinstated, a spokesman at
the Alabama State Bar confirmed. All allegations in State Bar proceedings
are confidential, he said.

According to the lawsuit, the actions of the sheriff and former investigator
caused Stoddard to "suffer false arrest, interim suspension of her license
to practice law, loss of income, false imprisonment, public humiliation and
embarrassment."

Calls to Stoddard were not returned, but her attorney, Al Pennington, said
Stoddard chose to speak out.

"They essentially brought these charges knowing they were false," Pennington
said. "They got Mrs. Stoddard prosecuted and they got her suspended by the
bar. They made allegations she used unprescribed drugs. She has been dragged
through the mud."

Pennington said Stoddard was targeted because she successfully defended
clients in drug cases made by Hawsey and Greene. District Attorney Tommy
Chapman said Wednesday he removed himself from the case early on as is his
practice when any local attorney or law enforcement officer is accused of a
crime.

"I have no comment on the lawsuit," Chapman said, "but I got out of this
case and sent it to the attorney general's office. They investigated and
later dropped the charges. Any pursuant action in the case would have to
come from them since it is under their jurisdiction." 
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