Pubdate: Thu, 26 Jun 2008
Source: Charlotte Observer (NC)
Copyright: 2008 The Charlotte Observer
Contact:  http://www.charlotte.com/observer/
Details: http://www.mapinc.org/media/78
Author: Greg Lacour
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

PROSECUTORS BEGIN DRUG CASE REVIEWS

Mecklenburg DA May Have To Examine Hundreds Of Cases In Which Two 
Accused Police Officers Played A Role.

James Hubert Autry Jr. was charged in April with cocaine possession 
with intent to sell - his seventh felony and fourth drug-related 
arrest since 1989. He has spent eight of his 46 years in prison.

Yet prosecutors may dismiss Autry's case because one of the officers 
who arrested him faces his own drug charges.

Gerald Holas is a former Charlotte-Mecklenburg police officer charged 
this month with conspiring to distribute crack cocaine, along with 
Jason Ross, another former officer. The FBI accuses the men, who 
remain in jail, of helping alleged drug dealer David Lockhart avoid 
police detection and protect his drug activity.

Last week, Mecklenburg District Attorney Peter Gilchrist said he 
would dismiss any pending cases in which Holas or Ross played a 
critical role. This week, officials in the DA's office have begun 
compiling and reviewing those cases, which could number in the 
hundreds, to determine how big the officers' roles were.

"We're really in the early stages of trying to get this done," said 
Heather Taraska, the assistant district attorney who heads the 
office's drug unit and who is leading the effort to weed out the 
questionable cases. "We just don't know where we are with this. 
That's something we won't know for a while." The office, for now, 
doesn't have a plan for reviewing convictions, said Deputy District 
Attorney Bart Menser.

Taraska didn't say specifically that Autry's case is a candidate for 
dismissal, but she said prosecutors want to review every case in 
which Holas or Ross is listed as a witness. Holas, who primarily 
worked drug cases, is one of four police witnesses named on Autry's 
arrest sheet. An Observer review of about 40 cases in which Holas or 
Ross were witnesses shows that several defendants have prior felony 
convictions. Examples include Adrian Lamont Jones, 26, charged May 30 
with cocaine possession. He's been convicted twice of felony drug 
possession since 2000. Another: Anthony Lee Barnhill, 41, charged 
April 18 with carrying a concealed weapon. He's been convicted of 
drug possession twice since 1993. The arrest sheet in Jones' case 
lists Holas as one of three police witnesses; Barnhill's sheet lists 
Ross as the sole witness. But prosecutors have to review cases 
individually because it's impossible to tell at a glance how critical 
a listed witness's testimony was, Taraska said. In some cases, she 
said, the officer who transports a suspect to jail lists himself as a witness.

"Each case will be different," Taraska said. "We just have to 
evaluate them." Holas and Ross, both 35, remained in the county jail 
Wednesday. Neither Holas' attorney, Anthony Scheer, nor Ross', Chris 
Fialko, returned calls Wednesday from the Observer.

On Wednesday, Gilchrist met with Taraska, an office computer 
specialist and a member of his support staff to outline a plan for 
the review, Taraska said. The specialist will sort data on cases from 
the N.C. Administrative Office of the Courts and police department, 
and support staff will pull case files, she said. Then the drug 
unit's nine prosecutors will review the cases and decide which should 
be dismissed.

If defense attorneys alert the office to cases involving one or both 
officers, prosecutors will review those, too, she said: "We're just 
doing the best we can with this." James Hubert Autry Jr. was charged 
in April with cocaine possession with intent to sell - his seventh 
felony and fourth drug-related arrest since 1989. He has spent eight 
of his 46 years in prison.

Yet prosecutors may dismiss Autry's case because one of the officers 
who arrested him faces his own drug charges.

Gerald Holas is a former Charlotte-Mecklenburg police officer charged 
this month with conspiring to distribute crack cocaine, along with 
Jason Ross, another former officer. The FBI accuses the men, who 
remain in jail, of helping alleged drug dealer David Lockhart avoid 
police detection and protect his drug activity.

Last week, Mecklenburg District Attorney Peter Gilchrist said he 
would dismiss any pending cases in which Holas or Ross played a 
critical role. This week, officials in the DA's office have begun 
compiling and reviewing those cases, which could number in the 
hundreds, to determine how big the officers' roles were.

"We're really in the early stages of trying to get this done," said 
Heather Taraska, the assistant district attorney who heads the 
office's drug unit and who is leading the effort to weed out the 
questionable cases. "We just don't know where we are with this. 
That's something we won't know for a while." The office, for now, 
doesn't have a plan for reviewing convictions, said Deputy District 
Attorney Bart Menser.

Taraska didn't say specifically that Autry's case is a candidate for 
dismissal, but she said prosecutors want to review every case in 
which Holas or Ross is listed as a witness. Holas, who primarily 
worked drug cases, is one of four police witnesses named on Autry's 
arrest sheet. An Observer review of about 40 cases in which Holas or 
Ross were witnesses shows that several defendants have prior felony 
convictions. Examples include Adrian Lamont Jones, 26, charged May 30 
with cocaine possession. He's been convicted twice of felony drug 
possession since 2000. Another: Anthony Lee Barnhill, 41, charged 
April 18 with carrying a concealed weapon. He's been convicted of 
drug possession twice since 1993. The arrest sheet in Jones' case 
lists Holas as one of three police witnesses; Barnhill's sheet lists 
Ross as the sole witness. But prosecutors have to review cases 
individually because it's impossible to tell at a glance how critical 
a listed witness's testimony was, Taraska said. In some cases, she 
said, the officer who transports a suspect to jail lists himself as a witness.

"Each case will be different," Taraska said. "We just have to 
evaluate them." Holas and Ross, both 35, remained in the county jail 
Wednesday. Neither Holas' attorney, Anthony Scheer, nor Ross', Chris 
Fialko, returned calls Wednesday from the Observer.

On Wednesday, Gilchrist met with Taraska, an office computer 
specialist and a member of his support staff to outline a plan for 
the review, Taraska said. The specialist will sort data on cases from 
the N.C. Administrative Office of the Courts and police department, 
and support staff will pull case files, she said. Then the drug 
unit's nine prosecutors will review the cases and decide which should 
be dismissed.

If defense attorneys alert the office to cases involving one or both 
officers, prosecutors will review those, too, she said: "We're just 
doing the best we can with this."
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