Former Police Chief And Lieutenant Are Suing Town

JUDGE RULES THAT GRAND JURY REPORT ON VINTON POLICE IS OPEN TO PUBLIC

The judge agreed with the grand jury that the town has a right to know the
truth in the matter.

After more than a year under seal, a special grand jury report that details
drug, gun and money mishandling by former members of the Vinton Police
Department has been made public by a federal judge.

U.S. District Court Judge James Turk ordered the 24-page report, in its
entirety, to be made public Tuesday.

The report has been an issue since February 2000, when it was made public
for only three hours by a Roanoke County Circuit Court judge.

It concluded a three-month investigation into the Vinton Police Department,
during which time former police chief Ricky Foutz and his former
lieutenant, Bill Brown, left the department.

Among the things the special grand jury found was a lieutenant who ruled by
"fear, intimidation and retribution" and a chief who ignored the problems.

The jury concluded that Foutz and Brown were not "qualified nor suitable to
hold positions of authority."

Foutz and Brown later sued the town of Vinton and various town officials -
cases still pending in federal court.

Foutz, who is seeking $10.4 million, says was he defamed by town officials.
Brown, who is seeking $1 million, claims he was denied due process in his
termination.

Attorneys for the men had sought to expunge or delete the entire contents
of the report, arguing that it was one-sided and that special grand jury
materials should be kept secret.

Attorneys for town officials have argued that they need the report to
defend their clients against Foutz and Brown's lawsuits.

Turk wrote in his opinion that "the secrecy concerns normally associated
with grand jury matters have already been compromised in this case" and
that the report had already been made available to the public for a limited
period of time.

Also, "defendants have demonstrated a need for the report to assist in
preparing their defenses," he wrote.

In the report, the special grand jury recommended that its findings be made
public because the town's officials and residents "have a right to know the
truth.

If this report is not released, this controversy will continue to tear at
the social fabric of the town."

The report is on file in the federal courthouse in Roanoke.