WRONG SIDE OF THE LAW

Onslow County Sheriff's Capt. Rick Sutherland kept expecting Luis
Alers to do the right thing in February 2005.

Sutherland testified in Onslow County Superior Court on Tuesday that
Alers, a former deputy who worked in the narcotics division of the
Sheriff's Department back then, didn't turn in a duffle bag filled
with 4 pounds of marijuana and two weapons after Alers found it at his
deceased nephew's Jacksonville home.

Alers, 46, who is on trial this week on charges that he possessed
marijuana, was fired from the Sheriff's Department following his
arrest Feb. 21, 2005. He is represented by Jacksonville attorney Ed
Bailey. Assistant district attorneys Mike Maultsby and Stephanie
Villiver are prosecuting the case, which is being heard by Superior
Court Judge Paul Jones. The Sheriff's Department first learned that
Alers had the drugs after receiving information from an informant who,
at that time, frequently helped detectives - including Alers - set up
drug deals.

The informant, Sharon Johnson, called detective Michael Washington at
about 8:30 a.m. Feb. 21, 2005, to tell him that Alers showed up at
Nicole Ortiz's house the night before with the duffle bag. Ortiz
wasn't an informant, Washington testified, but she drove Johnson
around because Johnson's driver's license was revoked.

After receiving the call, the Sheriff's Department asked the State
Bureau of Investigation for assistance and wired Johnson with a
recording device and began surveillance on Ortiz's house. Johnson was
sent to meet with Ortiz to gather information, Sutherland said.

"We didn't know where Miss Ortiz's loyalties would lie," Sutherland
said, adding that the Sheriff's Department was attempting to gather
evidence to substantiate Johnson's claims. "It was our understanding
that Ortiz and Alers were in a sexual relationship."

At some point during the day on Feb. 21, 2005, the Sheriff's
Department and the SBI went to Ortiz's house and located the duffle
bag, which they brought along with Ortiz and Johnson to the SBI office
in Jacksonville. Both women were interviewed.

Ortiz told Sutherland that Alers called her the night before and told
her he needed to clean out his nephew's residence. The nephew, Edgar
Montanez, was killed in a car wreck in Duplin County early on Feb. 20,
2005. Ortiz said they found the marijuana and two handguns in a
bedroom of Montanez's apartment, which was in downtown Jacksonville
near the Sheriff's Department, Sutherland testified.

"She said that when they finished cleaning, (Alers) put it all in a
bag and brought it to her residence," Sutherland said.

Authorities asked Ortiz to call Alers and ask him to pick up the
duffle bag he left at her house. They gave the bag with the drugs and
the guns back to Ortiz and watched as she handed the bag to Alers at
the Trade Mart on New Bridge Street.

After Alers received the bag, Sutherland and the SBI agent followed
his vehicle to see if he headed to the Sheriff's Department with the
evidence, Sutherland said.

"That's what we were hoping was going to happen," Sutherland said.
Alers headed toward the Sheriff's Department via New Bridge Street but
then turned off onto Railroad Street and made a U-turn in the parking
lot of Jones Funeral Home. It was at that point, Sutherland said, that
a decision was made to pull over Alers.

When he was stopped, Alers said, "Hey, hey, this isn't what it seems,"
Sutherland testified.

The duffle bag was taken into evidence. Alers told authorities that he
went to his nephew's apartment to clean it up. The apartment was one
of four in a house that had been converted. Alers said he entered the
wrong apartment, and the items in the duffle bag belonged to that
person, Sutherland testified.

Authorities also found a bag of 600 pills that they believed to be
ecstasy in Alers' residence. Alers was originally charged with
trafficking ecstasy. The charge was dropped after SBI lab reports
indicated that the pills contained no controlled substance, said
former sheriff's detective Chris Fiddler during his testimony. Fiddler
was Alers supervisor at the time. Bailey asked Sutherland several
questions about the conversations that Johnson recorded, wondering if
Sutherland listened to them and were they transcribed.

"Did you hear any conversation of Mr. Alers telling Miss Ortiz that he
was getting the stuff to bring to the sheriff's office?" Bailey asked.
Sutherland said the conversations weren't transcribed. He only
listened to parts of a few conversations, but he didn't know if he
heard Alers say he planned to bring the duffle bag to the Sheriff's
Department. The trial will continue at 9:30 a.m. today.