Pubdate: Tue, 03 Oct 2006
Source: Jacksonville Daily News (NC)
Copyright: 2006 Jacksonville Daily News
Contact:  http://www.jacksonvilledailynews.com/
Details: http://www.mapinc.org/media/216
Author: Roselee Papandrea

OFFICER FACES LAWSUIT

A Jacksonville attorney charged almost two years ago with selling 
counterfeit drugs is suing the Jacksonville police officer that arrested him.

While the District Attorney's office in June dropped the charges 
filed against attorney David Best, 57, of New Bridge Street in 
October 2004, Best claims in his lawsuit that Jacksonville police 
officer Jason Holland's actions damaged his business.

Best "suffered monetary loss in terms of lost income from his 
business, severe damage to his reputation, expenses incurred as a 
direct result of the charges, suffered extreme embarrassment and was 
publicly humiliated and embarrassed," according to the lawsuit filed 
Sept. 15 by attorney Ralph T. Bryant of Havelock.

Best is seeking a jury trial, court costs and damages incurred in 
excess of $10,000.

While Holland is the only one named in the lawsuit, the city of 
Jacksonville will provide his defense, said Paul Spring, deputy chief 
of the Jacksonville Police Department.

"But we feel this lawsuit is without merit," Spring said. "But that's 
all I can say about it because it's under litigation at this time."

In a drug bust that Jacksonville police said targeted mid-to 
upper-level narcotics distributors, Best was charged with conspiracy 
to sell and deliver a counterfeit controlled substance Oct. 20, 2004. 
He was placed in Onslow County jail under $5,000 bond.

At the time, law enforcement officials said that Best conspired with 
Melissa Marie Biegel, who was homeless, to sell counterfeit pain 
killers. Biegel was accused of selling prescription pain medication 
to an informant working for the police.

In order to prove that Best was guilty of conspiring with Biegel, the 
state would have to prove that Best knew the purpose of the 
transaction between Biegel and the informant.

Assistant District Attorney Jamie Askins dropped the charges against 
Best in June. He said that while Jacksonville police believed they 
possessed the information needed to prove its case against Best, 
Askins determined otherwise.

In the lawsuit, it is claimed that Holland knew from the beginning 
that he didn't have the evidence needed to make an arrest.

"But despite extensive surveillance, the defendant was not able to 
gather any evidence to charge Mr. Best with selling or delivering or 
conspiring to sell or deliver any controlled substance," the lawsuit 
states. "Despite this lack of any evidence to support any 
drug-related charges, the defendant falsely and maliciously created 
charges totally lacking in any merit and lacking in any probable cause."

The lawsuit alleges that Holland knew that the pills Biegel allegedly 
sold to an informant were anti-depressants and not a controlled 
substance. The lawsuit contends that Holland never saw Best with the 
prescription drugs and had no information that he was aware of the sale.

"But despite the fact that he had no evidence that (Best) had engaged 
in any illegal activity, (Holland), fully aware that (Best) was an 
attorney and what allegations of this nature would do to his 
reputation, charged (Best) with conspiring with (Biegel) to sell a 
counterfeit substance," the lawsuit states.
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