HUNDREDS OF CASES COULD BE DROPPED

Mecklenburg prosecutors say they'll dismiss a "substantial" number of
criminal cases made by two police officers now facing drug conspiracy
charges. District Attorney Peter Gilchrist said Friday he'll dismiss
any pending cases in which Charlotte-Mecklenburg officers Jason Ross
and Gerald Holas played a crucial role.

Gilchrist might also agree with defense lawyers to set aside some
convictions if it can be shown that the cases substantially hinged on
the two officers' work.

He couldn't estimate how many cases might be dismissed, but one source
familiar with the allegations estimates that "hundreds" of cases might
be thrown out.

"If these officers were critical witnesses, there will be dismissals
filed," Gilchrist said.

The dismissals are likely even if the officers are ultimately found
not guilty, because their credibility has been compromised, one
prosecutor said. Charlotte defense lawyer James Gronquist called the
situation a "defense lawyer's dream." "It's very helpful to clients
who were charged by these two officers," Gronquist said. "The
officers' credibility certainly comes into question now." Prosecutors
faced similar troubles in 2002 when a CMPD vice officer quit during an
internal investigation into why he had fired his gun during a fight
with a prostitute. The government dropped 92 charges against 28
defendants the officer had arrested.

Last week, officers Holas and Ross, both 35, were charged with
conspiring to distribute crack cocaine. The officers, who resigned,
are accused of helping alleged drug dealer David Lockhart avoid police
detection and of protecting his illegal drug activity.

Lockhart, 25, also has been charged with conspiracy. The three men are
being held without bond in the Mecklenburg County jail. Their
attorneys either declined comment or couldn't be reached Friday.

According to the FBI, Holas and Ross have admitted they protected
Lockhart's cocaine distribution, but say they did so in exchange for
Lockhart providing them information they could use to arrest his
suppliers and customers. Lockhart told investigators that he moved
large quantities of cocaine and said the officers offered protection
in exchange for information, according to an FBI affidavit.

But the affidavit notes that Lockhart has never been a registered
informant with Holas and Ross.

The relationship between the men may have begun a year ago, when
Lockhart was busted after a search turned up cocaine and a pistol in a
business on Tuckaseegee Road.

The 27-page affidavit outlines a variety of questionable activities by
the officers. It alleges: Last October, the officers helped Lockhart
find addresses for a man Lockhart says robbed him of drugs and money.
Lockhart used the information to seek revenge and went to the houses
and set them on fire. In May, officer Holas coached Lockhart over the
phone about how to behave during a search that was being conducted by
other officers. Holas later advised Lockhart to move to a new house
because his current address was "hot" and police would likely return.

In June, Holas tipped off Lockhart about a possible drug bust at a
motel where Lockhart had drugs. Holas advised him to leave the hotel
immediately. The affidavit also raises questions about what happened
during that first encounter between Lockhart and the officers. The
document spells out these details: Last July, officer Ross obtained a
search warrant after receiving a tip that a man was dealing drugs from
a business on Tuckaseegee Road. During the search, Ross seized crack
cocaine, powder cocaine and a pistol from Lockhart.

Ross took Lockhart in for questioning at a satellite police station.
Holas was present during the interview, which the officers videotaped.
Lockhart admitted during the interview that the cocaine and gun
belonged to him, according to the affidavit.

But the interrogation ended abruptly when Lockhart said he'd swallowed
three grams of cocaine. Lockhart was taken to the hospital and
released. It's unclear whether Lockhart was ever arrested. CMPD has no
record of Lockhart being arrested - despite being caught with drugs
and a gun, the affidavit says.

Ross' report of the search did not mention money among the items
seized. But two sources told investigators that Lockhart had money
during the bust. A confidential source told authorities that Lockhart
had $6,000 at the time of the search and that he helped count it. And
Lockhart told investigators that he had at least $2,500 and claimed
that Holas and Ross let him keep the money, the affidavit says.

The affidavit does not accuse the officers of taking any money. The
document outlines ways the officers sought to influence the case
involving Lockhart.

Officer Ross told an assistant district attorney that he planned to
use Lockhart as a "cooperator" and would seek an arrest warrant in
four weeks. But Holas strongly suggested to the assistant district
attorney that the case be closed without taking warrants out for
Lockhart, the affidavit says. Ross later asked that the evidence
seized in the search of Lockhart be destroyed, the affidavit says. The
evidence was ordered to be destroyed on Nov. 9. Deputy District
Attorney Bart Menser said Friday even though the officers are presumed
innocent now, many of their cases have been compromised because of the
allegations.

"We have to be convinced that we can prove cases beyond a reasonable
doubt," Menser said. "In light of these allegations, the credibility
of these two officers as witnesses in a criminal case is destroyed."