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News (Media Awareness Project) - US CO: Drug Arrest Hangs Over Judge
Title:US CO: Drug Arrest Hangs Over Judge
Published On:2002-10-02
Source:Denver Post (CO)
Fetched On:2008-08-29 14:30:13
DRUG ARREST HANGS OVER JUDGE

Steamboat partner's troubles scramble Thompson's future

TEAMBOAT SPRINGS - Billie Jo Vreeman was arrested by a drug task force in
Craig last year, a few weeks after she and district Judge Joel Thompson had
purchased and moved into a five-bedroom home.

COMMISSION'S FINDINGS

The 14th Judicial District Commission on Judicial Performance findings on
Judge Joel Thompson include:

* Of lawyers grading Thompson on courtesy toward parties or witnesses, 28
percent gave him an A compared with 65 percent of all district judges
statewide.

* When lawyers were asked to grade Thompson on being courteous toward
lawyers, 18 percent gave him an A compared with 60 percent for all district
judges.

* Asked how courteous he was toward people who represented themselves in
court, 15 percent of lawyers gave him an A compared with 43 percent for all
district judges.

* Non-attorneys asked about his conduct also were critical. Thirty-eight
percent gave him an A for being courteous toward parties or witnesses
compared with 68 percent for district judges statewide; 29 percent gave him
an A for courtesy toward attorneys compared with 44 percent for district
judges statewide.

Although they did not know it, Vreeman, 37, and Thompson, 47, had been under
surveillance for months. Drug agents had gone through their trash and tailed
them. Undercover agents had secretly recorded their conversations in places
including Steamboat's Ore House restaurant.

Talk about the judge and his partner has taken center stage in this region
dominated by the resort community of Steamboat Springs three hours northwest
of Denver. Thompson is one of only two state judges out of 104 who are not
recommended for retention by a judicial commission in the Nov. 5 election.

Some observers say they believe his partner's drug arrest was payback for
the judge's threatening to hold a drug agent in contempt of court during a
murder investigation. Many area lawyers describe Thompson as brilliant and
dedicated.

Others say Thompson made poor choices in his personal life that spilled over
to his professional reputation. They say judges must hold themselves to a
higher moral standard.

Thompson was never charged in the drug investigation that nabbed his
partner. An undercover drug agent testified that the judge didn't take drugs
himself and had never been present when Vreeman did drugs.

The drug case against Vreeman, stemming from her prior relationship with an
indicted cocaine dealer, was eventually dropped on condition that she enter
a pretrial diversion program and be monitored by the courts.

But the repercussions in Steamboat and Craig have been severe for Thompson,
since the August 2001 arrest of Vreeman.

The 14th Judicial District Commission on Judicial Performance, which
reviewed judges up for retention in Steamboat Springs and Craig, has
recommended that Thompson not be retained.

The judicial commission noted that among the survey responses it received
from lawyers, jurors, law enforcement, social services, courthouse personnel
and litigants, were some that questioned whether Thompson's "personal
relationships were having an effect on his judicial performance.

"Several comments indicated that publicity concerning his private life
raised concerns as to public confidence and the standards of conduct to
which judges must adhere," said the commission.

John Ponikvar, a prominent Craig businessman and spokesman for the judicial
commission that recommended nonretention, said it wasn't just the judge's
personal life that bothered the commission. More disturbing, said Ponikvar,
was the way that Thompson treated people in the courtroom.

He said people describe Thompson's courtroom demeanor as rude, arrogant and
inconsiderate, something that would not go over well in towns like Steamboat
and Craig.

"I think in a small town we expect courteous" behavior, Ponikvar said. "You
are friends with everyone. Our kids play sports together. There is no class
differentiation."

The commission noted that Thompson, in response, said he has "very high
personal integrity" and works hard to provide a fair and impartial forum.

Vreeman declined to say whether she and the judge are still together and
refused to discuss the situation, calling it a private matter. The judge
didn't return numerous phone calls.

There are those in Steamboat who contend that Vreeman should never have been
charged. They point out that she was arrested only after Judge Thompson
threatened to hold U.S. Drug Enforcement Administration agent Donald Sperry
in contempt for refusing to testify how he obtained certain pay phone
records in a Steamboat murder case.

Thompson threatened the contempt Aug. 8, 2001, and Sperry was among the drug
task force agents present when Vreeman was arrested in Craig two days later.

One of Thompson's staunchest supporters is Norm Townsend, head of the public
defender's regional office in Steamboat Springs, which covers courts in
Moffat, Routt and Grand counties. He was the lawyer in the murder case in
which the judge threatened to hold DEA agent Sperry in contempt.

Townsend was defending Thomas Lee Johnson, accused and later convicted in
the stabbing murder of Lori Bases at her Steamboat Springs apartment on May
11, 2000.

DEA agent Sperry later admitted in court that he had misused a federal
subpoena to obtain records of pay phones used by Johnson.

Sperry testified about his misuse only after Thompson withdrew from the case
after Vreeman's arrest.

Townsend said he has no doubt - as he has contended in court motions - that
Sperry was trying to intimidate the judge by arresting his partner.

"It was a purposeful effort by Donald Sperry to influence the course of the
(Johnson murder case)) litigation," Townsend said. "My belief is that Donald
Sperry didn't want to be on the hot seat" about how he obtained the phone
records.

Bill Weinman, a supervisory DEA agent based in Denver, said that because the
matter is still under investigation, neither the agency nor Sperry could
comment.

Paul McLimans, district attorney for the 14th Judicial District - which
includes Steamboat, Craig and Hot Sulphur Springs - filed court documents
debunking the allegations that the arrest of Vreeman was in any way an
attempt to intimidate Thompson or gain advantage in the Johnson murder case.

"The suggestion that the arrest of anyone associated with the presiding
judge (Thompson) was orchestrated to gain some advantage in this case (the
Johnson murder case) is not merely a stretch, it is preposterous," wrote
McLimans.

But the consequences, said Townsend, have been tragic.

"(The arrest) certainly set in motion a series of events that were totally
unforeseen or anticipated by anyone," Townsend said. "It had the effect of
tarnishing the name and reputation of a decent person and excellent judge."

Judicial commission spokesman Ponikvar said people have a right to expect a
lot from judges.

"I think anyone in law enforcement and the judicial community are held to a
higher standard," Ponikvar said. "I think police should be held to a higher
responsibility, and judges higher than that. You want a judge to have the
highest integrity in the community.

No one is more torn than Robert Mesecher, a Steamboat real estate agent,
whose stepdaughter, Bases, was killed by Johnson.

Thompson was presiding over the Johnson case when Vreeman was arrested.

"As a judge, I think he is extremely competent," Mesecher said. "But if he
doesn't get his personal life in shape, that goes along with being a judge.
I think he is a perfectionist. I always thought Joel was a straight-shooter.
But I feel sorry for someone who can get so involved emotionally and make a
bad decision that jeopardizes his future."

During the early stages of the drug investigation, Vreeman introduced DEA
agent Sperry to Michael Steiger, who Sperry said in court documents was
Vreeman's ex-boyfriend and a member of an illegal drug distribution ring.
Sperry was undercover and posing as a drug buyer, according to documents and
testimony.

Sperry said Vreeman told him that Steiger was a source of "good" cocaine. A
couple of weeks after introducing him to Steiger, Sperry said Vreeman asked
Sperry for an "eight ball" of cocaine and reminded him that he had offered
to pay her back for introducing him to Steiger.

Sperry testified that it was Vreeman's association with Steiger - and later
the close relationship she developed with the judge - that convinced Sperry
that the judge should also be investigated.

Steiger was indicted in July 2001 by the federal grand jury in Denver, along
with a number of others.

Steiger eventually pleaded guilty to three counts of distributing cocaine to
an undercover officer. He was sentenced to time served.

Sperry testified that two months of investigation convinced him that the
judge, while knowing of Vreeman's drug habit, did not take drugs himself and
had never been present when Vreeman did drugs. Sperry said the judge wanted
to help Vreeman overcome her addiction by paying her way through drug rehab.

Public defender Townsend said Sperry's own statements show Thompson's
compassion.

"He (Thompson) knew she had a drug problem and was helping her," Townsend
said. "Based on my personal knowledge, I know they were deeply in love and
engaged to be married.

"Speaking for myself, I absolutely feel he should be returned to the bench.
He is fair, he is impartial, and he is the brightest and hardest-working
district judge up here. He is the type of judge who not only reads your
pleadings but does his own legal research."

Jeff Dorschner, spokesman for the U.S. Attorney's Office in Denver, said
Vreeman must meet a number of conditions in the diversion program. If she
doesn't, said Dorschner, the charges could be reinstated.

"The terms of the diversion agreement are not public, but they did include
monitoring by probation," said Dorschner.

The DEA's Weinman said the agency's internal affairs branch hasn't shared
the status of the investigation with the local Denver office.

"That's a separate arm of the DEA," he said. "Generally speaking, it is out
of Washington."

Steamboat Realtor Troy Brookshire, who has known Thompson for more than 20
years and considers himself Thompson's best friend, said the judge is being
unfairly treated.

"He is being roasted, if you will, for some of the choices he made in his
private-personal life," said Brookshire. "When you are talking about his job
- - either as a private attorney or as a judge - in interpreting and applying
the law, he is one of the best. I don't think he would ever knowingly or
intentionally mistreat anybody."

Most of those interviewed by The Denver Post describe Thompson as a
brilliant, extremely hardworking man whose life is devoted to being a judge.

Bill Hibbard, another Steamboat lawyer, called Thompson a "great" judge.

"Some people have difficulty understanding his nuances and eccentricities,
but those are all related to his brilliance," Hibbard said. "I receive
orders signed by him on July 4. That shows his devotion. He goes way beyond
what could be expected of any public official. I think it would be a
tremendous loss if we lost him as a district judge, a loss to the whole
judicial system."

The judicial commission, though, found plenty to criticize.

"The biggest issue is with his attitude and his arrogance," Ponikvar said.
"But there are also people who have lost confidence in the judicial system."

Steamboat lawyers defend Thompson, saying he really is doing what is
expected of him by isolating himself from the community and keeping control
of his courtroom.

Steamboat lawyer Tom Sharp was a partner with Thompson for nine years, and
is also on the commission that voted for his nonretention. Sharp said the
vote was 6-3. He declined to say how he voted.

Sharp said first-year judges are told to distance themselves from their
fellow lawyers so there isn't a conflict of interest. This can be very rough
on a judge in small communities, said Sharp.

"I had a good working relationship with him for nine years. As a working
attorney, he was very, very intelligent and very diligent and hardworking,"
Sharp said. "He has always been excellent in his legal research."

Some say his personal life should have no bearing on whether he remains a
judge.

But others say his relationship with Vreeman has put a cloud over his
career. The Craig home they bought together for $210,000 is now up for sale.
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