POLICE LOOK INTO RELEASE OF SUSPECT

Internal Memos Detail Incident Involving Officer's Son

Deputy Topeka Police Chief Ed Klumpp said Tuesday that he would look into
allegations that a police supervisor last month ordered an officer to
release the adult son of another police officer after marijuana was seized
from the man's car.

Klumpp stressed that police had forwarded reports on the case to the
Shawnee County district attorney's office, which would decide whether
criminal charges would be filed.

"Since this has been forwarded to the D.A., it's pretty clear there has
been no attempt to cover this up or see that this person is not charged,"
Klumpp said.

He said he learned about the situation Tuesday.

When contacted Tuesday evening, Police Chief Dean Forster said he hadn't
heard about the incident.

Klumpp said that on Tuesday he read police reports linked to the case and
two internal police memorandums criticizing the actions taken.

The Topeka Capital-Journal earlier had acquired copies of one report and
both memorandums. One memo was dated July 13 and addressed to Lt. Michael
Haugen from a supervisor who had been at the incident scene.

The other, dated June 19, was addressed to Maj. Roland Whye from the
officer who had stopped the car.

Haugen is a supervisor in the department's uniform division, for which Whye
served as commander before being placed Monday on administrative leave.
Neither had been at the incident scene.

Klumpp said an investigation had been initiated before Tuesday -- but he
wasn't sure precisely when -- by a supervisor on the uniform division shift
in which officers involved in the June 18 incident work. Klumpp said the
investigation hasn't been completed because some officers who had been at
the scene are on vacation.

A police report indicated that after an officer saw a car stopped early
June 18 near a construction area in the 100 block of N.W. Railroad, the
vehicle sped away with its headlights off. One of the memos indicated the
car's driver soon afterward almost sideswiped the officer's patrol car
while attempting to elude him.

The supplemental police report said the officer stopped the driver and
found two marijuana cigars in the car. One memo said the officer planned to
arrest the driver in connection with marijuana possession, driving without
headlights and possibly driving under the influence of alcohol.

Both memos said that after police determined the male driver was the son of
a police officer, a supervisor came to the scene and used profanity while
ordering the officer not to arrest the driver and his male passenger.

The officer's memo indicated he thought the supervisor had used his rank
and position of power inappropriately to order the release of the men.
Memos also indicated the officer's son acted disrespectfully toward the
officer who stopped him, saying he knew police weren't going to arrest him.

Klumpp said Tuesday that while he wasn't familiar with all circumstances of
the case, "There can be a lot of valid reasons why a supervisor would say
not to arrest somebody."

For example, people caught with small amounts of marijuana sometimes are
used as informants rather than being arrested, he said.

"We need to see what the situation was, if this happened at all and
specifically what happened," Klumpp said.

One memo indicated the supervisor's action meant the department wouldn't be
able to cite the driver in connection with DUI and may have resulted in the
loss of evidence.

However, Klumpp said evidence seized at the scene had been saved and could
be used in court if necessary.

Klumpp said he had a problem with the manner in which information about the
case was provided to media outlets in an apparent attempt to discredit the
department. He said he wished the police employee involved -- whose name
wasn't known to department administrators -- had gone to them and let them
deal with the problem internally.

Klumpp added that releasing supplemental police report information is a
civil and criminal offense.

Still, Klumpp said, police will look into the June 18 incident.

"We're going to find out what happened," he said.