FORMER POLICE OFFICERS GUILTY

Anthony Diaz Convicted Of Only One Misdemeanor Count But Frederick Pippens
Facing Possible Prison Time; Jurors Unable To Agree On Most Charges

Federal jurors Tuesday convicted two former Prichard detectives of taking
money from drugsuspects, but differences in the convictions will mean
starkly different sentences for the two men.

The jury in Mobile failed to reach a verdict in any of the 11 other counts
against Anthony Diaz and Frederick Pippins, including more serious
allegations of racketeering and conspiring to racketeer.

"I'm doing the victory dance, with a limp," said Diaz's lawyer, Lila Cleveland.

Both men plan to appeal the convictions, their lawyers said.

The lack of a complete verdict forced Chief U.S. District Judge Charles
Butler Jr. to declare a mistrial on the remaining counts for the second
time in the ongoing case.

Pippins, Diaz and four one-time colleagues -- former Lt. James Stallworth
Jr., former Sgt. John Stuckey and former detectives Derek Gillis and Nathan
McDuffie -- went on trial together in October. That jury did not reach a
verdict on any of the more than four dozen combined counts.

All of the defendants except Pippins and Diaz pleaded guilty last month and
agreed to testify for the prosecution in exchange for lenience at
sentencing. The plea deals call for punishments ranging from probation to
three years in prison.

"We're very, very pleased that all six defendants were convicted," Justice
Department prosecutors Peter Ainsworth and Rita Glavin said in a joint
statement. "The convictions of all six defendants are certainly a message
that corruption in law enforcement in any form won't be tolerated."

Glavin said they have not decided whether they will continue to pursue the
unresolved counts against Diaz and Pippins.

Diaz could have faced more than 15 years in prison had jurors convicted him
on all counts. But jurors found him guilty only on a misdemeanor
deprivation of rights charge, concluding he pocketed a man's cash during a
1999 raid on a house known for gambling and drug use.

Because his conviction is not a felony, Diaz could appeal his termination
to the Mobile County Personnel Board and become a police officer once more.

"I think if possible, he would like to be reinstated into Prichard just so
he can leave on good terms, without being fired," Cleveland said.

The jury convicted Pippins of extorting thousands of dollars from a
California drug dealer in 1999. Pippins could have gotten a nine-year term
had he been convicted on all counts.

After the verdict, it was unclear how much prison time Pippins is facing.

Pippins' decision to secretly record a telephone conversation between him
and Stallworth -- and Pippins' lawyer's decision to play it in court --
might have backfired. Butler ordered Pippins held in jail pending
sentencing after determining Pippins violated the conditions of his release
when he had the conversation with Stallworth.

Pippins and Stallworth -- once so close that Stallworth asked Pippins to be
the godfather of his child -- were not allowed to speak to each other as a
condition of their release following their arrests last summer.

Butler's decision sent Pippins' mother hurrying from the courtroom to the
hallway, where she sobbed and -- frantically and in increasing volume --
repeated the phrase, "Help me, father!"

As she left, deputy U.S. marshals took her son's belt and necktie from him,
handcuffed him and led him away.

Prosecutors indicated they would ask Butler to lengthen Pippins' sentence,
contending Pippins obstructed justice by recording the tape. They did not
know of its existence until Pippins' lawyer, Willie Huntley, sandbagged
Stallworth on the witness stand.

Huntley said later that he didn't understand how taping a phone
conversation could amount to obstruction of justice.

On Jan. 29, Stallworth provided some of the most damaging testimony against
Pippins, saying they and McDuffie split $9,000 that convicted drug dealer
Cornelius Moore surrendered in exchange for his freedom. Moore testified
that the amount was $10,000.

On cross-examination, Stallworth told Huntley he did not have a phone
conversation with Pippins after pleading guilty, whereupon Huntley produced
the tape. Prosecutors objected, and Butler suspended Stallworth's
testimony. The following morning, Stallworth said he remembered the
conversation after all, and Huntley was allowed to play a few segments of
the tape.

Huntley played a portion of the tape for the Mobile Register before it was
played in court. Ainsworth and Glavin asked Butler for unspecified
sanctions against Huntley for doing so. The judge had not ruled on the
matter as of late Tuesday.

Huntley said his client understood the risks of recording the conversation.

"We had discussed it. He was aware of the consequences," Huntley said. "But
like I say, I still think it was worth it."

Two jurors told the Mobile Register that the tape had only a moderate
effect on their deliberations. Foreman Doug Batson, a retired Army veteran
from the south Baldwin County community of Elberta, noted that the tape
itself was not entered into evidence.

Brenda Johnston, a nurse's assistant from the small south Washington County
town of Malcolm, situated on U.S. 43 a few miles north of the Mobile County
line, agreed the tape had a limited impact because jurors heard only
snippets of it.

Johnston said, however, that the tape did cast doubt on Stallworth's
credibility.

"He didn't acknowledge the phone call until Mr. Pippins' attorney, Mr.
Huntley, reminded him with the tape recording," Johnston said. "I mean, a
phone call you don't forget. Your memory might be hazy, but you would
remember a phone call at a certain date."

Jurors deliberated briefly Thursday afternoon, then again all day Friday
and Monday.

Johnston said she was the lone holdout against possible further
convictions. She and Batson acknowledged that deliberations might have
continued had she not asked to see the judge privately Tuesday morning to
make her stance known.

Batson sent a note to the judge, telling him that one juror felt the others
were attempting to use undue influence to get her to change her vote. That
juror talked about retaining a lawyer and abstained from further votes, the
note said.

"Some of the other jurors wanted to just drag it out," Johnston said. "I
hadn't changed my mind. I wasn't going to change my mind. And the way I
felt, it was going to stay that way. If the discussions had dragged out
from now to next week, the verdict would've come out the same."

Cleveland, Diaz's lawyer, said she might base her appeal on the idea that
other jurors pressured Johnston.

Huntley said he would appeal Butler's decision to jail his client. At the
same time, he said he thought prosecutors should ask for Stallworth's
detention.

"I believe it is the appropriate thing to do," Huntley said. "You've got a
case of conditions of release being violated, and I believe that is the
appropriate step to take."

Prosecutors declined to comment on the matter.

Pippins and Diaz are set for sentencing May 14. The other four former
officers are due to be sentenced April 30.