DENVER SERGEANT SAYS HE WAS TOLD TO DESTROY EVIDENCE IN COCAINE CASE

A Denver police property bureau sergeant who mistakenly destroyed four
kilograms of cocaine before a case could go to trial pointed the
finger at a deputy chief who he testified told him he could destroy
evidence if he had not heard back from the detective in charge of the case.

Sgt. John Zak has testified most of the day in U.S. District Court in
Denver about the missteps that led to the drugs being destroyed before
the trafficking case against notorious gang leader Brian Hicks could
go to trial.

Hicks is moving to have his criminal case dismissed or at the very
least, sanctions against the government for destroying evidence. Chief
Judge Wiley Daniel has not yet ruled on the case but may render a
decision today.

Hicks is already serving a life sentence for the killing of state
witness Kalonniann Clark in December 2006.

Before noon today, Zak testified Deputy Chief John Lamb authorized the
destruction of evidence because of a growing backlog that was holding
up room for new evidence to be stored.

Lamb authorized him to destroy the evidence if he had not heard back
from the detective assigned to the drugs, Zak testified.

Denver police Lt. Matt Murray said the incident is under investigation
by internal affairs but declined to confirm if what Zak said about
Lamb is true.

Zak is being cross-examined now by Hicks' attorney, Martha
Eskesen.

In November 2006, Hicks was arrested after, police say, he tossed the
cocaine out a window of a black Lexus sport utility vehicle during a
chase.

Denver police kept the drugs at the property bureau, even though the
case transferred to federal court when evidence of a wider conspiracy
emerged.

The cocaine was destroyed on May 11 while Sgt. John Zak was purging
old property.

Documents show Zak reviewed paperwork that said the state court case
had been closed and did not make further inquiry as to whether a
federal court case existed. Zak also did not check an electronic
database that showed Denver district attorney's investigator Robert
Fuller had placed a hold on the evidence.

Fuller investigated the incident and wrote in his report: "Sgt. Zak
told this writer that the personnel, including him, do not take the
time to contact assigned detectives because the detectives often fail
to respond to their inquiries regarding the destruction of evidence.
Sgt. Zak told this writer that the system of contacting the assigned
detectives is a waste of time."