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News (Media Awareness Project) - US KS: DA Drops 27 Drug Charges
Title:US KS: DA Drops 27 Drug Charges
Published On:2005-10-23
Source:Topeka Capital-Journal (KS)
Fetched On:2008-01-15 11:38:28
D.A. DROPS 27 DRUG CHARGES

More Charges Likely In Investigation Of Former Narcotics Officer

Shawnee County District Attorney Robert Hecht said Monday that he had
dismissed criminal drug charges against 27 people because he couldn't
assure the credibility and reliability of a material witness or the
credibility of the evidence in the cases.

He said in a news release that the necessity of dismissing the charges
became evident "during the course of a joint investigation of activities of
certain police officers conducted by the Kansas Bureau of Investigation and
the District Attorney's Office."

"Because this investigation is coming to a close and other consequences may
result, this office cannot, and will not, provide any more specific
information at this time for to do so may impact the rights of future
litigants," Hecht said.

Topeka Police Chief Ed Klumpp said Monday afternoon that Hecht had told him
about a month ago that at least one other person would be charged in
connection with an investigation of former police narcotics officer Thomas
Pfortmiller.

However, Klumpp said, he hadn't seen the KBI investigative report and
didn't know who or how many people would be charged. He said he assumed
that when he did receive the report, there would be disciplinary issues to
consider and some changes in policy and procedures.

The D.A.'s office and KBI began an investigation last year as the Topeka
Police Department was conducting an investigation of cases handled by
Pfortmiller. The police department's internal affairs investigation began
in October 2003, and the D.A. and KBI launched their investigation in 2004,
after Klumpp met with Hecht to discuss several cases in which Pfortmiller
had been involved. Charges were never filed in those cases.

Pfortmiller resigned in May 2004 after being on administrative leave for
two months. He was charged in March of this year with 100 criminal counts
relating to the misuse of public funds and perjury. As the result of a plea
agreement, he pleaded no contest on July 15 to 50 felony counts related to
money he took that had been intended for undercover drug buys. The other 50
counts were dismissed.

Sentencing is set for Sept. 16.

In his news release, Hecht said, "Nothing is more critical to the criminal
justice system than that it has integrity and credibility and that the
public is confident it has both."

Klumpp said Hecht had indicated earlier some cases would be dismissed as
the result of the KBI investigation.

"I knew this was coming," he said.

One of the principles of the justice system is that it is better that a
guilty person go free than an innocent person be convicted, Klumpp said,
"so if there is any doubt, this is the thing to do." Klumpp said he was
anxious to see the KBI's investigative information so the department could
put the issue to rest and ensure the public it was doing everything it
could to make sure it wouldn't happen again.

He said earlier this year that as a result of the Pfortmiller investigation
the department had made policy and procedure changes that included how it
handles transactions with confidential informants, tracks funds and logs
transactions in its records.
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