Pubdate: Mon, 29 Dec 2008
Source: South Bend Tribune (IN)
Copyright: 2008 South Bend Tribune
Contact:  http://www.southbendtribune.com/
Details: http://www.mapinc.org/media/621
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

PROSECUTOR DROPS CHARGES IN FORMER OFFICER CASE

ST. JOSEPH - The Berrien County prosecutor said he will dismiss drug
charges against seven people after further investigation into the
alleged misconduct of a former police officer.

Andrew Thomas Collins, 26, a former Benton Harbor police officer, was
arrested Dec. 2 on drug trafficking charges, according to the U.S.
attorney's office in Grand Rapids.

The indictment claimed Collins used his position as an officer to keep
the drugs. He was charged with one count of possession with intent to
distribute more than 5 grams of crack cocaine, according to a news
release from Assistant U.S. Attorney Brian K. Delaney. Berrien County
Prosecutor Arthur J. Cotter said his office met with FBI investigators
Monday to review the case.

"I have concluded that convictions in numerous state cases prosecuted
here in Berrien County can no longer be sustained as a result of
either perjured testimony, planted evidence, or false information
contained in affidavits which were used to obtain warrants," Cotter
said in a news release issued Wednesday.

"As a result, I have requested that the court set aside the
convictions, dismiss the charges and discharge the defendants from any
remaining sentence in the following cases," he said.

The cases to be dismissed are:

- -Alfonso Gibbs, delivery of narcotics under 50 grams, second offense;
maintaining a drug house, second offense; and possession of marijuana,
second offense.

- -Richard D. Smith Jr., possession of narcotics between 25 and 49
grams, second offense.

- -Paul Timothy Williams, delivery of narcotics under 50 grams, second
offense; and maintaining a drug house, second offense.

- -Nathaniel Dale, delivery of narcotics under 50 grams, second offense;
and possession of marijuana, second offense.

- -Everrett Morris, delivery of marijuana, second offense.

- -Shannon D. McKinney, possession of marijuana, second
offense.

- -Benny B. Newman, delivery of narcotics, less than 50
grams.

The charges against Collins stemmed from a case Feb. 18 in which crack
cocaine and other controlled substances allegedly were seized from him
while he was serving as a narcotics officer for the Benton Harbor
Police Department.

The attorney general's office accused Collins of failing to report and
give the drugs that he obtained to the police department, and say he
kept them for his own use or gain.

The indictment alleges that Collins also reported fictitious drug
sales he made as an officer to improperly gain search warrants and
embezzle funds from the police department.

Cotter said the investigation is ongoing and he is continuing to
review files.

"As information comes to light on additional cases where misconduct is
found, I intend to take further appropriate action at that time,"
Cotter said.
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MAP posted-by: Larry Seguin