Pubdate: Thu, 15 Apr 1999
Source: Charlotte Observer (NC)
Copyright: 1999 The Charlotte Observer
Contact:  http://www.charlotte.com/observer/
Author: Tony Mecia, Staff Writer, CITY SETTLES FIREFIGHTER'S SUIT IN CONTROVERSIAL DRUG CASE

GASTONIA -- The city says former Gastonia firefighter Karen Goff gave police
the key to her locker in 1997, where they found a powder that tested
positive for cocaine.

Goff's lawyers say the search was forced and that there was no test -- and
no cocaine.

In those drastically different versions, found in the court documents of the
lawsuit Goff filed last year, both sides insist they're right. But neither
will be vindicated by a jury.

Tuesday, Goff's lawyers and the lawyer for the city and its insurance
company agreed to settle the case for $30,000. Of that, the city owes
$10,000, the amount of its insurance deductible.

It's the second time in five years that Gastonia has settled a complaint
against it.

"We're pleased that we're able to compensate Karen, but nothing in the world
can compensate her for what she lost," said Tom Hunn, one of Goff's lawyers.
Her reputation suffered because of the false charges,
Hunn said.

Goff, who now works as an electrician in Charlotte, was unavailable Wednesday.

Dennis Redwing, Gastonia's deputy city attorney, said the city and its
insurer settled the case because of mounting legal costs and the uncertainty
of trial, not the case's merits.

"There is no admission of wrongdoing (by the city)," Redwing said.

Court documents and interviews with lawyers on both sides trace the case
from Goff's arrest in February 1997 until its completion:

The city fired Goff from her firefighting job in 1997 after police, acting
on anonymous tips, found three bags of white powder, a pipe and pills in her
fire-station locker. Prosecutors dropped cocaine charges after tests by the
State Bureau of Investigation showed the substance to be inositol, an
over-the-counter nutritional supplement.

Goff was rehired but resigned later that year. In April 1998, she sued three
Gastonia police officers, two fire officials and the city for more than
$60,000. She contended they violated her rights by arresting her without a
proper investigation.

Goff claimed police searched her locker without her consent and arrested her
without testing the white powder. In court documents, police said the search
was consensual and that officers tested the substance before arresting her.

Last month, lawyer Frank Aycock, who represents the city and its insurance
company, said no written documentation existed of the field test.

"They didn't write it down at the time," Aycock said.

After Goff filed the suit, the city had the substance tested again by a
different method. Those additional tests found traces of cocaine in the
nutritional supplement, court documents state. And the supplement, the
laboratory worker wrote in his report, is commonly used to dilute cocaine.

A laboratory chosen by Goff's lawyers found no cocaine in the powder.

In court documents, Goff said the white powder was not hers. She suggested
that someone planted it in her locker.

The case was scheduled for trial next month. For the past several weeks,
lawyers on both sides have tried to reach a settlement. By a 5-1 vote, the
City Council authorized a settlement last month.

Redwing said he doubted that the city's insurance rates would increase
because of the settlement.

"We are cognizant of our jobs," he said. "We take it seriously, and we do
not hand out money."

Reach Tony Mecia at (704) 868-7731 or: - ---
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