WOODALL BANS OFFICER AS WITNESS

Jackson's police chief and the district attorney are in a battle over
the credibility of an officer who has helped put violent gang
offenders away.

District Attorney General Jerry Woodall, in an August letter to
Jackson Police Chief Rick Staples, said he will no longer accept the
state court testimony of a police sergeant, Leslee Hallenback.
Woodall's exclusion of the officer has resulted in a terse exchange of
letters between his office and Chief Staples. Staples also claims that
how the issue was brought to light might be a police union and
litigation-related attempt to discredit her. And he also cites an FBI
report that the officer is credible. Additionally, some now wonder how
the exclusion might impact past drug cases.

Hallenback is a member of the Gang Task Force. She has testified in at
least 100 federal cases, according to the FBI. The U.S. Attorney's
Office has said it will continue to use Hallenback at the federal
court level. However, Woodall told Jackson police he would not use
Hallenback in state court cases.

"My reading of the report adversely affects my feelings as to the
witness credibility of Sgt. Hallenback," Woodall wrote in his August
letter. "Such could adversely affect the outcome of an individual
case, or be used to attack the verdict on appeal. I do not wish for
the integrity of our office or the validity of a conviction to be
called into question due to the use of a witness who has had such
allegations made against her."

The report is an FBI investigation of Hallenback based on allegations
in an anonymous letter. Following the investigation, the U.S.
Attorney's office found no "criminal misconduct."

When contacted Wednesday, Woodall said that he would not comment
beyond the contents of his August letter to Chief Staples.

"He won't tell me either," said Staples, when asked Wednesday if
Woodall had offered specifics about why he would no longer accept
Hallenback's testimony.

Staples replied to Woodall's letter in late September, asking him to
reconsider.

"There must be more than the issues you raised in your letter for you
to take such a detrimental step that will damage, if not end, her
career," Staples wrote. Staples also asked Woodall to "amplify the
basis for your decision."

Woodall responded the next day in a one-paragraph letter, saying he
had reconsidered Staples' concerns and the federal report, and still
arrived at the same conclusion.

At issue, too, is the impact Woodall's credibility charge might have
on successful drug prosecutions where Hallenback was a witness.
Woodall was asked about the number of federal cases in which
Hallenback had critical testimony and his response was, "You'll have
to ask the FBI." When asked the same question, Jackson supervisory
senior FBI agent Ken Moore said, "An appeal (of drug convictions) is
always possible." He also added that it would be up to those
convicted to pursue the appeal.

The investigation of Hallenback started several months ago when a
number of criminal allegations were made to JPD officials in the
anonymous letter. One of the allegations mentioned a recent state case
in which Hallenback testified. The case was dismissed for her failure,
and the failure of Gang Unit Investigator Frank Kelsey, to get a
proper search and arrest warrant in an attempted drug bust, according
to court documents.

Staples said he had a police commander determine if the allegations
warranted a full investigation. No investigation was done by JPD.
Later, the Memphis office of the FBI investigated the allegations. Law
enforcement agencies agreed Hallenback should remain an active member
of the gang unit, and her federal credentials were reissued.

The case in question had Hallenback testify as a police witness in an
attempted drug sting last year. During one hearing, Hallenback's
testimony had significant discrepancies compared with testimonies of
other officers who were on the scene, according to court transcripts.
The case was dismissed since a search and arrest warrant wasn't
properly obtained. The court record indicates the officers searched a
north Madison County home for two hours prior to obtaining a search
warrant.

In a motion regarding the search warrant, defense attorney Joe Byrd
charged that "certain members of the gang unit ... committed perjury
.. by unashamedly lying."

Staples and federal officials say there commonly are discrepancies in
witness testimonies. And nowhere in the case file is Hallenback
accused of perjury, according to The Jackson Sun's review of the court
records.

Staples, in a letter to Woodall, indicates that the case dismissal
might have influenced Woodall's decision regarding Hallenback.

"I have read the (court) transcript," Staples wrote. "The only
conclusion that I, and others who have read the transcript is that
somebody was confused about who was where, when. Once again, the
prosecutors in the U.S. Attorney's office read the same transcript and
found nothing rising to the level of criminal misconduct. They have
imposed no restrictions on her testifying in their cases despite the
fact that your damaging letter exists." Staples also referred to the
opinion of Judge Don Allen in the case. "Nowhere is there mention of
any concerns by the court of Sgt. Hallenback's testimony."

JPD Officer James Springfield recently requested all the documents and
letters of correspondence between the chief of police and the D.A.,
concerning Hallenback's status. Springfield is vice president of the
Jackson Police Union and a plaintiff in a $3 million discrimination
lawsuit against the city of Jackson. Springfield, a former member of
the gang unit, and two other former members of the gang unit,
Broderick Jones and Terrance Smith, filed the suit last year. The suit
is against the JPD gang unit, where they say preferential treatment
was given to white officers. Hallenback is the focal point of the
suit, which includes allegations about the improper obtainment of a
search and arrest warrant in the case defended by Byrd.

When Springfield requested the public documents, Hallenback was
notified of his request and Staples wrote to Woodall with his concerns.

"It is my understanding that you received a request from Officer
Springfield to provide him with a copy of your Aug. 4, 2003, letter
regarding Sgt. Leslee Hallenback," Staples wrote in his letter. "I
assume that Officer Springfield makes his request as a member of the
police union. You should also be aware that Officer Springfield is a
plaintiff in a discrimination lawsuit against the city. In his
complaint, he identifies Hallenback as one who discriminated against
him, among others. You can see why he would be interested in your
letter regarding her credibility."

FBI and the Drug Enforcement Agency are co-sponsoring agents for the
Organized Crime Drug Enforcement Task Force, which the gang unit is a
participant in. So most of Hallenback's cases will be brought to the
federal level anyway, said Danny Ellis, a defense attorney for a
co-defendant in the illegal search case Byrd got dismissed.

"The gang task force's goal is to put bad guys away for the longest
time they can, and that is most effectively done in federal court,"
Ellis said.

Hallenback is continuing to work on federal cases, on the gang unit,
and is now working on administering a safe neighborhoods grant,
Staples said.

Once again, the prosecutors in the U.S. Attorney's office read the
same transcript and found nothing rising to the level of criminal
misconduct.

"They (the U.S. Attorney's office) have imposed no restrictions on her
testifying in their cases despite the fact that your damaging letter
exists. Nowhere is there mention of any concerns by the court of Sgt.
Hallenback's testimony."