PROBE OF OFFICER LEADS TO DISMISSED CASES

In McMinn County General Sessions Court in August, 14 warrants were
dismissed, or rendered nolle prosequi, by a motion from the District
Attorney's office in cases all prosecuted by the McMinn County Sheriff's
Department's drug officer.

According to 10th Judicial District Chief Assistant District Attorney
Sandra Donaghy, the basis for the dismissals is the credibility of the
prosecuting officer, Drug Officer B.J. Johnson.

According to Donaghy, the District Attorney's office will not prosecute any
cases in which Johnson is the only source of evidence until a review is
completed.

"We are not in a position to prosecute any of the cases, now, or to go
forward on cases in which B.J. Johnson is the sole source of evidence,"
said Donaghy. "These matters are still under review."

McMinn County Sheriff Steve Frisbie said he understood Johnson had been
cleared by a TBI inquiry into the allegations that the officer gave false
information on his application for Police Officer Service Training
certification.

Frisbie said he has been told by some investigators that there are no
findings of any wrongdoing. The sheriff said he still understands that the
matter remains under review as far as the District Attorney's office is
concerned.

Frisbie said when Johnson was hired, he was an active detective at the Rhea
County Sheriff's Department and had come here with good references.

Frisbie said the application filed for certification as an officer in Rhea
County was checked both "yes" and "no." Frisbie said Johnson had checked
both boxes because he believed the incident had been dealt with and didn't
know how they would apply to his record.

Frisbie said that on the second application, when he was up for a position
with the McMinn County Sheriff's Department, he answered "no" because he
thought that matter was no longer an issue.

When the matter came to the attention of the District Attorney's office,
the TBI was called in to conduct an inquiry.

TBI Special Agent In-Charge Richard Brogan said recently he could only
comment that his office had been asked to conduct an investigation into the
allegations. He said he could not comment on the outcome or whether the
investigation is complete.

Johnson is a veteran law enforcement officer, serving as a detective in
Rhea County under former Sheriff Leon Sneed before taking the position of
drug officer in Frisbie's department just over two years ago.

The issue resulted in the dismissal of the 14 cases last month, and Donaghy
said the matter is expected to affect no more than 30 cases involving
Johnson as a source of evidence.

The cases were dismissed at the request of the state, according to court
records. Assistant District Attorney Richard Newman made the motions.

The dismissed warrants were all methamphetamine-related and stemmed from
meth lab raids conducted by the Sheriff's Department in February, according
to court records.

The matter arose several months ago when accusations were made that Johnson
allegedly included false information on applications for Police Officer
Service Training (P.O.S.T.) certification, according to a letter sent from
District Attorney General Jerry Estes' office May 10.

The letter stated the TBI had been asked to probe the allegations.

"(I)t was determined that Detective Johnson had falsely completed two
applications for POST certification by stating he had never been convicted
of any criminal violation when he had a conviction for theft in Kentucky,"
the letter stated.

The "violation" occurred 23 years ago, according to those close to the matter.

"In consultation with the Board of Professional Responsibility, it is our
understanding we must disclose this to defense counsel on any case in which
(Johnson) testifies or is the prosecuting officer, and this information
could be used to impeach his testimony in a trial," Estes' letter continued.

At the beginning of the probe, Frisbie ordered that Johnson stop
prosecuting new cases until the matter was resolved.

Frisbie said he was told by investigators some time ago the probe had
resulted in no findings and there was no indication of wrongdoing on
Johnson's part.

Frisbie said he went with Johnson to Nashville to request a waiver from the
P.O.S.T. Commission on the incident in question. The request was approved,
Frisbie said.

The "incident" reportedly involves a charge from 23 years ago, according to
those familiar with the case.

Still, Frisbie said he was told the information from the probe would be
submitted to the McMinn County Grand Jury for consideration of possible
charges. No charges were filed against Johnson and Frisbie said he and the
drug officer believed there was no reason he couldn't be restored to active
status.

Frisbie said while the matter was being reviewed, Johnson would be on
active status but would not be working alone. This arrangement has met the
approval of the District Attorney's office, as well, according to officials.

The 14 dismissed warrants had been filed against eight people, according to
court records.

Those whose cases were dismissed, or deemed nolle prosequi, included:

Melinda Smallen, formerly charged with possession of methamphetamine for
resale and manufacturing methamphetamine.

Lynn Price, formerly charged with possession of methamphetamine for resale
and manufacturing methamphetamine.

Donna Malone, formerly charged with possession of marijuana and
manufacturing methamphetamine.

Chris Merritt, formerly charged with manufacturing methamphetamine.

John R. Malone, formerly charged with possession of drug paraphernalia,
attempting to manufacture methamphetamine and possession of methamphetamine
for resale.

Heather Malone, formerly charged with attempting to manufacture
methamphetamine.

Donald Wattenbarger, formerly charged with possession of methamphetamine
for resale and manufacturing methamphetamine.

Hobart Price, formerly charged with manufacturing methamphetamine.

Donaghy said the 14 cases were nolle prosequi, which means the charges can
be reintroduced, if another officer can be found to corroborate evidence
collected by Johnson.

In regard to the 14 "nollied" cases, Donaghy said, "What they (the
Sheriff's Department) are going to do is bring the complete case files to
our office and we'll look to see if we can corroborate them."

Whatever the impression Frisbie was given, Donaghy said the probe into
Johnson's background was not complete.

"The allegations are not over with," she said. "The TBI investigation is
not closed. In fact, it's probably going to be expanded some."

Asked why, Donaghy answered, "There are some areas we can't speak to. There
are some other issues that 'where there's smoke'..."

"We need to see if this is just nasty rumor," she finished.

Johnson was also an integral part of the investigation into the Mitchell
Wesley Delashmitt death penalty case involving the alleged rape and murder
of a 14-month old child in June 2003. Donaghy said the state's attorney on
the case, Assistant District Attorney Amy Reedy, has remarked Johnson's
current situation will have "no impact at all" on how that case will be
handled.

In most drug raids, according to Frisbie, officers work with state and
federal authorities, as well as other members of the Sheriff's Department
and local agencies, all of whom could possibly corroborate evidence.

Donaghy said her office was in the process of reviewing all the cases in
which Johnson was involved to determine what other officers can become the
prosecuting officer in each case.