DRUG BUST FALLS APART

Charges Dropped Against 28 Of 43 Arrested

In a blow to Clarksville police and to the family of an informant who
helped them put the case together, charges have been dropped against 28 men
arrested in a massive February 2000 drug bust because of a dispute over a
memo at the U.S. Attorney's Office. The office had barred one of its
prosecutors from discussing with defense lawyers a memo he wrote about the
investigation. A judge ordered the prosecutor to testify, and to prevent
that from happening, the U.S. Attorney's Office has dropped all charges.

"We would be in a position where we couldn't comply with that order," said
First Assistant U.S. Attorney Bob Watson. "We didn't want to put ourselves
on a course where we would be put in a corner and have to tell the court we
couldn't comply."

He said it would be against their standards for a U.S. attorney to discuss
the memo with defense lawyers.

In April, the U.S. Attorney's Office told Clarksville police they would not
comply with District Judge William J. Haynes' order and said the decision
could result in a dismissal of all of the indictments.

The Department of Justice, according to police documents released Thursday,
said it would not allow the U.S. Attorney's Office to appeal Haynes' ruling
unless the prosecutor filed an affidavit explaining the memo.

But the U.S. Attorney's Office would not agree to do that either. Police
records show the office was concerned about what the prosecutor might say.

District Attorney General John Carney said because of the federal decision,
he can't proceed on any state charges against the 28 in question, including
probation violations and other drug charges.

"I think they're good cases," he said. "But (federal authorities) have
prosecutorial discretion."

How it happened

Police documents show that as part of its investigation, Clarksville
police, working with the Drug Enforcement Agency, identified two distinct
groups to investigate -- the "Northsyde Organization" and the "Southside
Organization."

A third group -- not identified by name -- also was discussed but was not
part of the investigation.

Police records show the assistant U.S. attorney prosecuting the Southside
Organization said in his memo he did not want to levy charges on conspiracy
because the defense might be able to use arguments regarding entrapment,
selective prosecution and the continued availability of confidential
informants.

The name of the prosecutor was not released.

During a press conference on Thursday Police Chief Mark Smith insisted the
department's investigation was not selective.

He released case details the department received June 3 from the U.S.
District Attorney's Office that state the office is "confident that there
is no basis for allegations of selective investigation/prosecution."

"It's their call to prosecute," Smith said. "Although it upsets us, we have
no recourse."

A major informant in the investigation -- Rickey Ogan -- was killed in July
2000 in what some say was a move to keep him from testifying. No one has
been charged in that slaying.

Ogan's mother said Thursday the case dismissals were "a shame."

"My son lost his life for nothing," Winona Ogan said. "I blame the system."

The big bust

The investigation began Jan. 4, 1999, when former Police Chief Lavoyed
Hudgins sought help from the Drug Enforcement Agency's Mobile Enforcement
Team. In late 1999 and early 2000, Clarksville police and MET began
investigating drug trafficking in Clarksville.

Cases were presented to a federal grand jury, and on Feb. 7 and 8 of that
year 43 people were arrested -- 28 of whom were indicted on federal charges.

The U.S. attorney's decision does not affect 16 facing state charges. One
man charged federally also had state charges.

It would be possible for the U.S. Attorney's Office to start over, but
Watson said that is unlikely; the cases -- already 2 years old -- would
likely consume another two years on pretrial issues alone.

Smith stopped short of dictating a new policy toward arresting people
dealing drugs. He did, however, say officers will continue the task.

"We're going to fight drugs like we've always fought drugs," he said.