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News (Media Awareness Project) - US MO: Lawsuit Targets Sheriff
Title:US MO: Lawsuit Targets Sheriff
Published On:2003-05-29
Source:Columbia Daily Tribune (MO)
Fetched On:2008-01-20 05:58:50
LAWSUIT TARGETS SHERIFF

Plaintiffs Cite Alleged Perjury Of Ex-Drug Task Force Deputy.

Five people sentenced for drug crimes because of the testimony of a former
Cole County deputy accused of perjury have filed suit against the former
deputy and the county sheriff.

The five accuse Cole County Sheriff John Hemeyer of ignoring complaints
from officers that former Deputy Michael Isenberg was lying on the witness
stand.

"Ignoring that information constitutes willful, wanton and malicious
action," the suit says.

The lawsuit also names as co-defendants the Cole County Sheriff's
Department and another law enforcement organization Isenberg worked for,
the Mid-Missouri Unified Strike Team and Narcotics Group.

Attorneys for the plaintiffs filed the suit May 16 in U.S. District Court
in Jefferson City. They have requested class-action status and invited
others to join.

Cole County Prosecuting Attorney Bill Tackett has until June 9 to respond
to the lawsuit on Cole County's behalf. He said yesterday that the county's
insurance company also has lawyers working on the civil suit.

In the criminal case against Isenberg, Tackett alleges that the 28-year-old
former deputy told juries in three trials that he was present during drug
buys when in fact he wasn't present. The trials took place May 7, 2002,
last Sept. 5 and April 8.

Three men accused in those cases have since seen their sentences set aside.
In all, 30 convictions involving testimony from Isenberg have been
overturned. The number could climb to 35, Tackett said yesterday.

"They're generally drug buys, which is why they'd be set aside, because
he'd be the only witness," he said.

Hemeyer didn't return messages for comment yesterday or this morning.
Earlier this month, he told the Tribune that it wasn't until about May 1
that he first heard there might be problems with Isenberg's testimony.

Attorneys representing the five people who filed the civil suit also didn't
return messages yesterday.

In the suit, the five claim that Hemeyer, the Cole County Sheriff's
Department and MUSTANG had the duty of ensuring "that officers were
properly trained and managed."

The three defendants also "knew or should have known that the testimony
provided by Isenberg was false," according to the suit.

The five plaintiffs named in the suit are Sara A. Baker, Michelle Lynn
Etter, Ricky Dean Freeman, Alva J. Gilbert and Quentin Williams.

In the suit, they ask for monetary compensation for "damages including, but
not limited to lost wages, costs of the original criminal defense,
humiliation, embarrassment and all consequent losses caused by" the
defendants' "acts."
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