Pubdate: Fri, 05 Aug 2011
Source: Tulsa World (OK)
Copyright: 2011 World Publishing Co.
Contact:  http://www.tulsaworld.com/
Details: http://www.mapinc.org/media/463
Authors: Omer Gillham & Ginnie Graham

CORRUPTION TRIAL WITNESS SAYS SHE WAS GIVEN GIFTS

Defense attorneys in a federal corruption trial involving two Tulsa
Police officers pointed to inconsistencies in statements of one
government witness and questioned the motives of another during
Friday's proceedings.

In the fifth day of testimony against Officers Jeff Henderson, 38, and
Bill Yelton, 50, an informant used by the partners said she received
Christmas gifts of perfume and marijuana from Henderson.

Henderson and Yelton were indicted under seal July 19, 2010, and
special prosecutors and U.S. District Judge Bruce Black of New Mexico
were appointed to handle the case.

Rochelle Martin, 36, was questioned by defense attorney Tony Allen
about several statements conflicting with previous grand jury
testimony, including the timeline associated with the drug arrest of
her boyfriend.

Also, he asked about her admission to lying under oath in previous
hearings, noting she has not been charged with perjury and has
prosecutorial immunity.

"You seem to be able to lie and not get in trouble," Allen
said.

Martin has been convicted three times of drug-related crimes and
served two prison sentences, according to testimony.

Prosecutors claim Martin was used by the officers to fabricate
information in seeking search warrants, and that Henderson had her
sell drugs he and other officers allegedly stole from crime scenes.

Martin previously testified she was asked by Henderson to lie to a
federal judge on a drug case that sent a man to prison for selling
drugs.

Allen said FBI agents paid about $2,200 for her stay in a Kansas motel
for about three weeks, gave her a cellular phone and took her to
medical appointments on occasion.

Martin had been taken out of state after allegations Henderson was
"stalking" her house, according to previous witness testimony.

Prosecutor Jane Duke, assistant U.S. attorney from the Eastern
District of Arkansas, said the federal government spent less than
$5,000 on Martin.

When asked if the federal benefit has been worth it, Martin said,
"Hell no."

Martin has repeatedly testified she did not want to cooperate with
prosecutors and had refused any statements until U.S. District Judge
Claire Eagan ordered her to testify in a grand jury or risk jail time.

Martin said Henderson was a close friend whom she spoke with most
every day. She also said Henderson knew she dealt drugs.

"I told him deep, deep secrets that would probably send me to prison
for a long time," Martin testified. "He used to help me find jobs to
stop selling drugs. He is the reason I went to school. He's a good
friend."

She testified he gave her a bottle of fragrance called "Red" and
hydroponic marijuana, which is a type of the drug grown only in water.

"He knew I liked 'Red' cologne, and he knew how much I love hydro
weed," she said. "He gave me hydro weed one time because he knew how
much I like to smoke it."

Martin testified Henderson would ask her for advice on gifts for his
wife, including one occasion where she helped send a "fruit
arrangement" to his wife at work.

Defense attorney Nicole Babbitt read from a grand jury transcript in
which Martin said the only thing she received from Henderson was 10
pounds of marijuana.

Martin is on dialysis for kidney failure. She said her father died,
and she has no relationship with any family members living in the Tulsa 
area.

Defense attorneys pointed to inconsistencies in statements made by
former ATF agent Brandon McFadden on how much money and drugs he and
TPD officers allegedly stole.

On redirect, prosecutors addressed those inconsistencies through
records and questioning.

McFadden, 34, began his testimony Thursday, detailing his crimes of
stealing drugs and money from crime scenes and later having known drug
dealers to sell the drugs. Most of his testimony involved officer Jeff
Henderson.

McFadden has pleaded guilty to drug conspiracy and is awaiting
sentencing. He said he will receive a minimum of five years.

Defense attorneys pointed out that two other charges - for carrying a
firearm while in the commission of a crime and aiding and abetting
money laundering - are on hold while he is cooperating with the government.

McFadden said he lied under oath in several earlier drug cases and a
weapons case with the assistance of Henderson.

Defense attorney Scott Graham noted he has never been charged with
perjury, though McFadden said his sentence will be "enhanced" because
of his perjury.

Assistant U.S. Attorney Rob Raley testified he took a drug charge led
by Henderson and McFadden in state court and turned it into a federal
case.

Raley said he had targeted Larry Wayne Barnes Sr. and his family since
1998, alleging they operated one of the city's largest methamphetamine
rings. The state charge in 2008 was based on an informant of
Henderson's and McFadden's making a controlled drug buy from Barnes
and his daughter, Larita.

Prosecutors claim the buy never took place and vacated the federal
conviction on the Barneses in 2009. Larry Barnes had received
five-year term, and Larita Barnes had a 10-year sentence.

Raley said an indictment committee determined the prosecution should
occur despite not having audio or photographic evidence. The case
relied on the testimony of Henderson, McFadden and the informant -
Ryan Logsdon, who is scheduled to testify for the prosecution next
week.

"It was the weakest case I've seen," Raley testified. "We decided to
take a shot at it with all of us knowing it was a weak case."

Defense attorneys provided Raley a copy of a voucher from the ATF
signed by McFadden, showing the agent received $3,000 the day before
the buy. Henderson testified in that trial that the meth was purchased
with ATF funds.

"I've never seen this before," Raley said. "I would have used it at
trial ... This document would have shown the jury buy money was
checked out."

Former Tulsa Police Officer John K. "J.J." Gray, 45, has pleaded
guilty in the case and is awaiting sentencing. Retired Cpl. Harold
Wells, 60, was convicted June 10 of five of 10 counts and faces a
mandatory sentence of 15 years.

Former Tulsa Police Officers Eric J. Hill, 33, and Callison Kaiser,
30, have admitted stealing money and planting drugs on individuals.
They have prosecutorial immunity while cooperating with
prosecutors.

Due to the trials, 38 people have been freed from prison or have had
their cases modified.

Friday's developments

Defense cross-examined Rochelle Martin, an informant of the
officers.

Defense cross-examined former ATF agent Brandon McFadden, who is
alleging the officers committed crimes with him.

The assistant U.S. attorney in Tulsa, Rob Raley, testified about a
drug prosecution he worked on with McFadden and Tulsa Police Officer
Jeff Henderson. Interesting moment

Defense attorney Tony Allen was questioning Martin about various
favors the federal government has provided her since she became a
witness, including a cell phone and transportation to medical
appointments. Allen asked her about the experience of staying at a
Kansas hotel for nearly three weeks after FBI agents suspected her
home was being stalked.

"What would you say if I told you the federal government spent
$2,200?" Allen asked.

"How much?" Martin asked.

"$2,200," Allen replied.

"I'd say they got ripped off," Martin said.

Martin later testified she cried every day while in the hotel and said
"it had fleas." Key testimony

McFadden testified he didn't tell anyone, including his wife, of
threats made against him by Henderson and Yelton because of the
criminal activity they were all involved in.

Martin testified she "lies for her friends."

Raley said he prosecuted a drug case strictly on the testimony
provided by McFadden, Henderson and an informant they used.
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