SNIFFING OUT DOG TRAIL

The Smith County Sheriff's K-9 and Livestock Fund came to light after the
newspaper sought the assistance of the Texas Attorney General to obtain
records of the account.

This push for disclosure began last fall amid a series of reports about use
of county-owned equipment, inmate labor, missing government surplus and the
whereabouts of 340 Remington 870-model shotguns purchased for about $37,000
from the Texas Adjutant General's Office.

Sheriff's officials reported the money used to purchase these guns was
routed through the K-9 account, explaining that individual lawmen pooled
their money and placed four separate orders for the shotguns.

But the sheriff's department refused to open the books to the newspaper,
claiming the fund was not an official account.

Sheriff J.B. Smith said some of the donors wished to remain private, and
activities supported by the account - such as search and rescue operations
- - were "discretionary," not official tasks, of the department.

With the assistance of Smith County District Attorney Matt Bingham, the
sheriff's office submitted a request to the Texas Attorney General for an
opinion, contending the fund had nothing to do with official county business.

Smith was later ordered to release the documents, based on an Open Records
request submitted Jan. 23 by the newspaper.

The sheriff agreed in June to discuss the fund, saying its functions would
be turned over to the auditor's office in October.

A months-long review of those documents reveals that mainly top-ranking
members of the sheriff's office were allowed access to the K-9 account,
which was opened in 1994 at Southside Bank.

In spite of the secrecy surrounding its use, the account was widely known
among some law enforcement officers, who recalled cashing checks for front
money in undercover buy-bust operations.

There were tight restrictions on who was allowed to write the checks.

Signature cards obtained from the bank reveal that Sheriff Smith, Lt. Deal
Folmar and former Capt. Marvin Wintters, along with former Chief Deputy
Johnny Beddingfield, Lt. Craig Shelton and Lt. Charlie Baker had signing
authority on the account.

Sheriff's secretary Sherri Perdue's signature appeared on some 1994
checking transactions, records show.

Maj. Mike Lusk was recently given oversight over the account records, but
he was not among those having signature authority.

When asked about the fund and its activities, the sheriff in February told
the newspaper's editorial board that he could not recall having signature
authority on that account, a recording of that meeting shows.

"I think there are three people on that signature (card), and I don't think
I'm one of them," Smith said. "I've never written a check that I know of
out of that (account). I may have at some point in time, but I don't recall
ever doing it."

However, account records show he signed signature cards in 2001 and 2002.

And in the months preceding his remarks to the newspaper, the sheriff was
signing checks on that account, including a $2,500 payment to Tyler Welding
in October 2003.

Other checks the sheriff signed include $3,000 to Ross Bozeman in 2001 for
pasture rental, and checks totaling $800 to Dale Geddie for horseshoeing
from 2001 to 2002. Checks were also written for $242 to Designer Graphics
in 2002 and to Glenwood Animal Clinic in 2002 in the amount of $411.
Records show a $21.50 check to Tyler Welding in 2002 and a $227 check to
Just For Trucks for ramps in 2003.

Smith also issued a $326.96 check to "MPS" for a Makita chain saw in 2003,
and a $150 check to James Lowery in 2003. One of the final checks issued in
2003 was given to Lt. Baker in the amount of $134 for "reimbursement."

The sheriff said he has twice offered to allow County Auditor Ann Wilson to
audit the account, but said she declined because she said it was "private."

Prior to the June interview, Smith declined to elaborate on any details of
the account.

"Y'all have the records, I don't have any," he said. "I haven't had an
opportunity to look at them. I won't be able to comment until I have the
records in front of me."

Smith said account records were subpoenaed earlier this year by the Dallas
County grand jury investigating jail commissary vendor Jack Madera, and
have never been returned. The sheriff said he turned over all original
documents and did not keep copies.

"They won't even return our phone calls," Smith said of his repeated
attempts to contact the special prosecutor who investigated Madera and
Mid-States, Inc.

In response to the attorney general's order, the sheriff's office
authorized Southside Bank, the institution holding the account, to begin
copying an estimated 3,000 pages dating back 10 years.

The newspaper paid $2,112.50 in copy fees for this work.

The Morning Telegraph was given an additional 442 pages on Aug. 3 after a
second written request to the sheriff was submitted seeking copies of
deposited checks.

Jacque Hilburn covers police, fire, and public safety organizations.

Roy Maynard covers local government.