A Winona mother filed a claim against the city after fifth-degree drug
possession and possession of drug paraphernalia charges against her were
dismissed.

Police seized a white powdery substance at the residence of Pamela Sue Cox,
407 Chatfield St., on March 31. The substance turned out to be pancake flour.

Police initially went to Cox's home on a call that three small children
were left unattended.

One officer looked for two children, who were outside, while the
12-year-old reportedly showed an officer four drug-smoking pipes in
different areas of the home and a coffee mug on top of the refrigerator
that contained a white powdery substance.

Narcotics investigator Jerry Olson, an employee of the Winona Police
Department, said the substance field-tested for methamphetamine and weighed
21.2 grams. But the error was found by the state Bureau of Criminal
Apprehension, which is mandated to confirm all drug tests.

The claim, filed by attorney Ross Phelps of La Crescent, is against Olson.

"As a direct result of Mr. Olson's negligence, claimant suffered damages,
embarrassment, ridicule, lost income and other harm," Phelp's letter stated.

Monetary damages being sought have not yet been established.

Consistent with city policy, Winona Chief of Police Frank Pomeroy said he
does not comment on matters where a claim is pending.

All claims against the city are sent to the League of Minnesota Cities
Insurance Trust Fund, city clerk Monica Hennessy Mohan said.

The organization hires a lawyer who works on behalf of the city. Cases can
take several months to resolve, according to city officials.

On Monday Winona City Council City members approved the claim notice on the
meeting agenda without comment.

Checked-by: Richard Lake