Editor's Note: The relevence of this piece is in the context of racial bias
in traffic searches and the abuse of minority travellers, two items
recently making headlines.

FIRED OFFICER PLEADS GUILTY TO 2 FELONIES

By GAIL EPSTEIN NIEVES Herald Staff Writer

James Chesson, accused of raping a young woman in the back seat of his
Miami-Dade Police patrol car eight years ago, pleaded guilty to two
criminal charges Thursday and was sentenced to house arrest and probation.
Prosecutors dropped two sexual battery charges.

Under his plea agreement, Chesson, 55, is now a convicted felon who can
never again be employed as a law enforcement officer. He will not serve any
jail time.

Zenobia Mathis, 29, who says Chesson forced her to have sex after he
stopped her for speeding on April 23, 1991, rushed from the courtroom in
anger after realizing that Chesson was not going to jail.

"I thought he was going to get some time," she said, flanked by her
boyfriend and 3-year-old daughter. "They know he did it; they found his
semen."

Asked why she believed the case ended the way it did, she said, "Because
I'm black and he's white and a cop. That's why."

Mathis also was disappointed over how long it took to resolve the case. The
delays occurred because of defense challenges regarding DNA, sometimes
called a genetic fingerprint. Chesson was represented through most of the
case by prominent defense attorney Roy Black, whose firm challenged the
scientific reliability of DNA evidence and the DNA database used to
calculate probability statistics in Miami-Dade. Expert witnesses testified
in a special hearing, which ultimately upheld the use of DNA evidence.

Chesson -- who was already fired from his police job -- left the courtroom
quickly Thursday. He now lives in Hillsborough County. Mark Seiden, his
lawyer, declined comment.

Chesson was arrested in October 1992 -- after a 17-month investigation --
and charged with two counts of sexual battery, one count of armed
kidnapping and one count of unlawful compensation, or receiving illegal
benefit from public service.

The case began when Mathis was stopped by Chesson as she drove south on
Northwest 27th Avenue in the early morning hours. He searched her car and
claimed to find a small plastic bag with cocaine residue. Chesson wrote up
an arrest form and put Mathis in handcuffs.

Instead of taking Mathis to jail, however, Chesson drove her to a secluded
area.

"He had vaginal and oral sex with her and as a result, he decided not to
cite her with the possession of cocaine charge," Assistant State Attorney
Jay Novick told the court.

Semen taken from Mathis' vagina and panties matched Chesson's DNA profile,
lab reports showed. Mathis told police Chesson forced her to disrobe and
engage in the sex acts. Chesson's defense team was prepared to argue the
sex was consensual.

But problems with Mathis' credibility cropped up from the outset when
acquaintances raised questions about her character. One friend told police
Mathis had offered him money to back part of her story.

Novick told the court that afterward, Chesson took Mathis home and gave her
two traffic tickets. Police found the filled-out arrest form on Chesson's
clipboard.

Under the plea, Chesson pleaded guilty to two felonies: false imprisonment
and receiving unlawful compensation. Both charges carry a five-year maximum
prison sentence. Circuit Judge Ronald Dresnick sentenced Chesson to two
years of house arrest, followed by five years' probation. He must give up
his state police certification.