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News (Media Awareness Project) - US KY: Drug Suspect - Chief Wanted $1,000
Title:US KY: Drug Suspect - Chief Wanted $1,000
Published On:2003-09-18
Source:Kentucky Post (KY)
Fetched On:2008-01-19 12:23:36
DRUG SUSPECT: CHIEF WANTED $1,000

Ludlow Police Chief Ray Murphy offered to make a felony drug case disappear
for $1,000, a man in court on drug charges testified Wednesday during an
open court hearing. Murphy, who was not at the hearing, later called the
charge bogus.

But Edward Elmore told Kenton District Judge Doug Grothaus that his
attorney had passed along the offer, saying it came directly from Murphy.
And while the attorney, Brad Braun, declined to testify at the hearing
Wednesday on the basis of attorney-client privilege, he said later that
Elmore was telling the truth.

As a result of the accusation, Grothaus refused to accept a plea agreement
Elmore made with the Kenton Commonwealth Attorney's office, and said he
would forward the accusation and testimony to the proper authorities.

"Given the nature of the atmosphere that is going on, and the fact that Mr.
Elmore has indicated that an offer was communicated through his attorney --
from the police chief of Ludlow requesting $1,000 -- to make this all go
away, causes the court grave concern," Grothaus said.

He postponed taking any action on the case -- and two similar cases --
until Oct. 14.

State police already are investigating allegations that Ludlow police
improperly sought cash payments as part of plea agreements with people
arrested on drug charges. But those accusations center around Detective
Bill Schilling, who reportedly was seeking drug forfeiture money or
reimbursements to the police department in return for leniency.

Commonwealth Attorney Bill Crockett said Schilling was acting on his own.

The testimony Wednesday was the first that named Murphy, who hired
Schilling and served with him in the Covington Police Department, as a
player in the potential scandal.

"I'm astounded by it," said Ludlow City Attorney Chris Mehling, "I can't
believe it's true. -- To be honest, it makes no sense."

Murphy said it simply is not true.

"I never offered Edward Elmore any agreement," he said. "I never made any
statement to Brad Braun about reducing any sentence for any amount of money."

The accusation came during a routine hearing. Elmore, 19, who was among
three people arrested Aug. 12 at a "marijuana party" on Elm Street in
Ludlow, had reached a legitimate plea deal with Assistant Commonwealth
Attorney Jim Redwine.

The other two men arrested with Elmore -- Robert T. Wilson, 18, and John
Peach, 19 -- said they had had no discussions with Murphy. Their attorneys,
Mark Woloshin and F. Dennis Alerding, respectively, also said they had no
contact with Murphy about the cases.

In the deal Redwine worked out with Elmore, Elmore was to plead guilty to
possession of marijuana and a reduced misdemeanor charge of unlawful
transaction with a minor. Redwine agreed to drop a felony charge of
cultivating marijuana and recommend a 180-day suspended sentence and a $500
fine.

Redwine said he had reviewed the case and made the offer based solely on
the quality of the evidence.

As part of accepting Elmore's guilty plea, Grothaus asked a number of
standard questions, including if anyone had made any other offers or
promises to him.

"Yes, your honor," Elmore replied.

Grothaus, looking surprised, asked, "What was that offer?"

The conversation continued:

Elmore: "It was, I think, it was the police department of Ludlow."

Grothaus: "And what was that offer?"

Elmore: "$1,000 to get rid of all the fines."

Grothaus: "And who made that offer to you?"

Elmore: "The police chief."

Grothaus: "And what was that person's name?"

Elmore: "I don't quite remember."

Grothaus: "Was it Chief Ray Murphy?"

Elmore: "Yeah, that was it."

After Elmore told Grothaus that he did not actually speak with Murphy, but
the offer had been through his attorney, Grothaus put Braun under oath and
asked him what happened. But Braun declined to testify, citing
attorney-client privilege.

Outside the courtroom, Braun again declined to discuss any specifics, but
backed up Elmore's testimony.

"His testimony was accurate," Braun said.

"My client told the truth today."

Grothaus then put Redwine under oath, and asked him if he know anything
about any offer Murphy did or did not make.

"I have absolutely no knowledge as to what they're talking about," Redwine
said.

Redwine said the case had not been assigned to a specific lawyer in the
commonwealth attorney's office, and he was reviewing it like any other case
before conducting a preliminary hearing.

But he noted that he would have trouble conducting any hearing on Elmore's
case, or on the cases of the other two men. The police officer in the case
- -- Schilling -- had failed to respond to a subpoena to appear to testify,
he said.

"My officer, who was subpoenaed, is not here today," Redwine said.

"Nor do I anticipate that the commonwealth will ever be able to produce
that witness soon."

Redwine later said he was simply giving an opinion, and didn't know
anything about Schilling's future.

Grothaus ordered Schilling to appear in court Oct. 14 to explain why he did
not respond to the subpoena.

Murphy said Schilling was in Atlanta on military duty. He expected him to
return soon, and said his job is safe.

"I anticipate Detective Schilling to be with us as long as he wants to be
with us," Murphy said.

"I don't anticipate anything changing."
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