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News (Media Awareness Project) - US KY: Martin Police Chief Target Of KSP Probe
Title:US KY: Martin Police Chief Target Of KSP Probe
Published On:2002-12-24
Source:Big Sandy News, The (KY)
Fetched On:2008-01-21 16:11:14
MARTIN POLICE CHIEF TARGET OF KSP PROBE

PRESTONSBURG - Kentucky State Police are investigating the alleged
destruction of several thousand prescription narcotics by Martin City
police chief Jeff Powell without a court order. KSP public affairs officer
Scott Hopkins said Monday police will determine whether Powell committed
any wrongdoing or if there was any misconduct by the chief in the handling
of the evidence in the drug case. On Friday, Floyd Circuit Judge John David
Caudill ordered state police to take control of any drug evidence being
held by the city police department or any seized in the future, saying he
doubted Powell's "competency." "I have grave, grave, grave concerns about
Mr. Powell's department," Judge Caudill said. "To be quite frank, I have
grave concerns about Mr. Powell's competency as a police officer and I'm
giving him the benefit of the doubt." Caudill said that in order to
"protect the public," he was directing state police to "immediately" take
possession of any narcotics held by the Martin Police Department. The judge
seemed skeptical about Powell's statements that he destroyed 2,867
narcotics, which included OxyContin, Lorcet, Xanax and Percocet, which were
stolen during a burglary of a Martin pharmacy. "I've thought about this and
I'm still upset if, in fact, these drugs were destroyed without a court
order," Caudill said. On Dec. 13, Caudill was to have signed a destruction
order for pills after Matthew Perkins pleaded guilty this year to robbing
the pharmacy.

Two days before the order was to have been signed, Powell informed
Commonwealth's Attorney Brent Turner he had already disposed of the
evidence. Powell appeared before Caudill last Wednesday and was to have
explained why the pills were purportedly destroyed, but Caudill instead
ordered Powell back to court Friday with an attorney because of possible
criminal ramifications related to the incident.

The judge told Powell on Wednesday to be prepared to say how he disposed of
each individual pill. Attorney Clyde Johnson appeared before the judge with
Powell on Friday and Caudill said he did not think it would be appropriate
to take any testimony from Powell because he didn't "think this is the
place for that." Caudill said there were other methods to determine how
that happened, and after Friday's court appearance, Turner said it "appears
there is an investigation pending into this." Johnson said after Powell's
appearance that he provided Turner with a statement from the police chief
explaining Powell's actions and proving the evidence was destroyed.

Johnson said Martin Mayor Thomasine Robinson witnessed the pills being
"deposited in the city of Martin's septic system." Since the statement
given to Turner could become part of the state police investigation into
the incident, Turner declined to say what was in it. Robinson was
reportedly out of town Christmas shopping Friday and could not be reached
to see if Caudill's statements would have any effect on Powell's position.

She was expected to appear in court Friday to say what she had witnessed.
Johnson stressed that Powell has not been charged with any crime and was
not under indictment. Powell was previously chastised by the court when the
department "lost" drug evidence in another case, which resulted in charges
being dismissed. Johnson said he could not address that issue because he
wasn't a party to that incident. Powell declined to comment when asked if
he wanted to say anything about the situation. "No, not at this time," the
chief said.

Caudill told Powell people will be watching his future actions. "I'm not
your employer, the city of Martin is," Caudill said. "I want them to know,
as a person and resident of Martin, I have absolutely no faith in your
competency...Mr. Powell, the court will be watching you."
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