DRUG CONVICTION THROWN OUT BY JUDGE; OFFICER UNDER
INVESTIGATION

Defense Attorney Says Officials Told Him 'Something Tainted' Arrest.

A judge has thrown out a man's felony drug conviction after internal
affairs detectives and prosecutors began reviewing how an Austin
police officer handled the man's August arrest.

Authorities are trying to determine whether officer James Learmonth
had probable cause to search Ernest Smith after a traffic stop in
East Austin and whether he was truthful in police reports and court
documents in describing the incident, Tom Stribling, who is
representing Learmonth, said Saturday.

Smith complained to Austin police about the arrest after pleading
guilty to drug charges in September, said Smith's attorney, Keith
Lauerman. He declined to discuss what his client told police in the complaint.

Officials with the Travis County district attorney's office then
contacted Lauerman and recommended that he seek to have the
conviction overturned because they said they thought "something
tainted" Smith's arrest, Lauerman said.

The charges' dismissal comes the same week that officials said they
are investigating an officer's use of force earlier this year
against a man who has mental retardation. The investigation is also
looking into how officer Gary Griffin's supervisors reviewed
the incident and why they concluded that the force was justified.

Stribling declined to comment further on the investigation involving
Learmonth, and prosecutors said they could not discuss an ongoing
investigation.

Acting Police Chief Cathy Ellison could not be reached Saturday.

State District Judge Bob Perkins said he threw out Smith's
conviction on a charge of possession of a controlled substance
Friday at the request of prosecutors and Lauerman, who cited
possible violations of the U.S. and Texas consti-tutions.

Perkins said he did not know the specifics of the possible violations.

Lauerman said Learmonth wrote in court documents that he pulled
Smith over after seeing what he thought was a drug transaction and
that during a search, he found more than a gram of cocaine.

The attorney said Smith pleaded guilty to the drug charges and
accepted probation because he feared that a jury trial would result
in a prison sentence. Smith also pleaded guilty to unrelated charges
of unauthorized use of a motor vehicle and drug possession, Lauerman said.

He said he had been unaware that Smith had concerns about how the
officer handled the arrest until after the guilty plea.

Learmonth was investigated and cleared last year after he and a
fellow officer stopped a car with a defective taillight and then
chased the driver, who police said fled on foot.

During the chase, the man fired several shots at them, police have
said, and Learmonth's fellow officer returned fire but didn't hit the man.

The second officer also was investigated and cleared.