JUDGE REVERSES FOUR DRUG FINDINGS

A judge on Tuesday overturned drug convictions against four men,
saying there was "a high probability" drug evidence collected by
sheriff's narcotics officers against the four had been tampered with.

Lamar Ronee Tibbs, Abdelmonim E. Yousif, John T. Kelly III and Frank
A. Newton are the second through fifth defendants to walk away either
from pending drug charges or drug convictions based on misconduct in
the Shawnee County Sheriff's Department.

The first was Carlos Hernandez, whose charges of misdemeanor
possession of marijuana and a felony drug tax stamp violation were
dismissed May 11 following a six-day hearing. The hearing uncovered
evidence of cocaine use by former sheriff's Cpl. Timothy P. Oblander;
conflicting testimony about drug abuse, cocaine thefts and tampering
of drug evidence; and allegations of corruption in the sheriff's department.

Charges of conspiracy, sale or offer for sale of marijuana, attempted
sale or offer for sale of marijuana and 10 other charges against a
sixth defendant, Christopher Boyett, were dismissed Nov. 23, 1998,
when Oblander, a prosecution witness, balked at testifying, invoking
his Fifth Amendment right, which protects someone from making
self-incriminating statements.

In a written ruling released Tuesday morning, Shawnee County District
Judge Charles Andrews placed the responsibility for the overturned
convictions on Sheriff Dave Meneley and part of his department.

The overturned convictions were:

Yousif, who had pleaded no contest to two counts of possession of
cocaine with intent to sell, deliver or distribute on Aug. 30, 1996.
Yousif was sentenced to two concurrent 15-month terms and placed on
three years of supervised probation.

Tibbs, who had pleaded guilty in February 1996 to possession of
narcotics with intent to sell in a 1995 case. He was sentenced on July
11, 1996, to two years in prison and remains incarcerated because of
repeated violations of his post-release supervision.

Kelly was imprisoned for more than three years after he pleaded no
contest in 1994 to possession of a stimulant with intent to sell,
possession of a narcotic drug with intent to sell and two counts of a
drug dealer's failure to pay the drug tax. On April 30, 1999, Kelly
was placed on a two-year parole.

Newton, who pleaded no contest on June 7, 1996, to possession of
cocaine and was sentenced to 10 months in jail. Newton was placed on
two years of supervised probation, according to court records.

The overturned convictions are tied to a ruling May 11 by District
Judge Eric Rosen in which he said drug evidence had been tampered
with, drugs disappeared or were misplaced, that the sheriff's
department property room was insecure and "in complete disarray," and
that two scales used to weigh drug evidence weren't certified.

Andrews said evidence collected during the Hernandez hearing "was most
influential with this court's decision."

Andrews said Rosen found that the actions of Oblander, Sgt. Frank Good
and Meneley "constituted outrageous conduct and found that any illegal
drugs found in the custody of the sheriff's department from Jan. 1,
1994, through Dec. 31, 1996, is tainted evidence, thereby jeopardizing
all drug cases wherein Mr. Oblander would have opportunity to convert
that evidence for his personal consumption."

The Rosen ruling means any defendant of a drug case investigated by a
deputy in that time frame can challenge whether his pending case
should be dismissed or his drug conviction should be overturned based
on findings in the Hernandez case.

In his ruling, Andrews said defense attorneys had contended these
cases were forwarded for prosecution when the sheriff's department,
the Kansas Bureau of Investigation and the district attorney knew that
evidence was missing. Andrews disagreed.

There aren't any facts to suggest the KBI or District Attorney Joan
Hamilton's office was involved in the wrongdoing, Andrews wrote.

"In fact, the D.A. acted as a whistle blower to the illegal acts,"
Andrews wrote. "The responsibility for these actions falls squarely on
the shoulders of Sheriff Meneley and part of his department."

Removing the district attorney's office and KBI from culpability "does
not mitigate the finding that the sheriff and his minions were
responsible for knowingly allowing tainted evidence to be used for
prosecution," Andrews wrote.

With Oblander, who was a narcotics officer during part of the
three-year time frame, present in the sheriff's department, there
could be "a high probability that the drugs were tampered with,
negating the hard work of other professionals, including law
enforcement, prosecutors, attorneys and judges in their attempt to
provide justice to our community," Andrews wrote.

Capt. Rick Hladky, sheriff's department spokesman, was noncommittal
about the Andrews ruling.

"It was put before a judge, and that's what he decided," Hladky
said.

Andrews reversed the convictions of the four defendants and dismissed
the cases. Andrews also ordered the release of Tibbs from
incarceration in a state prison. On Tuesday, Tibbs remained in the
Shawnee County Jail, where he had been transferred on June 28 for an
appearance in district court.