DOUBTS HAUNT POLICE VICE UNIT

As an undercover vice officer, Michael Marlow's job was to blend into
Charlotte's underworld. He drove an unmarked car. He wore a rough beard. He
mixed with drug dealers and prostitutes -- sending hundreds to jail.

His anonymity ended when he got into trouble while off duty. Police say
Marlow fired two shots while fighting with a prostitute he let into his car
after drinking alcohol with fellow officers on the police parking deck.

Over the next six months, one vice officer's mistake would sully careers,
damage his unit's credibility and put dozens of suspected criminals back on
the streets.

Marlow quit the Charlotte-Mecklenburg Police Department eight days after
the Jan. 8 incident, before his commanders could review his actions or
discipline him.

But six other officers -- including three of his fellow vice squad members
- -- wound up suspended or fired because of their actions that night.

Prosecutors jettisoned the bulk of Marlow's caseload, dismissing most of
his pending drug and prostitution busts and cutting deals favorable to
other defendants he had arrested. A handful of cases still pending are
likely to be dismissed.

And last month, Franklin Freeman, the transvestite prostitute Marlow
scuffled with, was slain, leading to more scrutiny and questions for police.

Investigators say they have no reason to believe Freeman's shooting death
in an out-of-the-way industrial district north of uptown had any connection
to the Jan. 8 encounter, but Freeman's friends and family members want an
outside investigation.

Police officials say they're best equipped to handle the death
investigation. And they say they've dealt with the January incident by
disciplining those involved.

"The department discovered a problem, we investigated it thoroughly, and we
dealt with the people," said Police Chief Darrel Stephens. "We dealt with
it in a straightforward way. The public should have confidence."

Some officers say they continue to feel scrutiny from the public, however.

"I think there's been concern from every unit within the Police
Department," said homicide Detective Steve Furr. "How do we look? How is
this making us look?"

Marlow avoided department discipline -- and preserved his chance to pursue
a law enforcement career someplace else -- by resigning before a black mark
could be placed on his record.

But even old friends and former supervisors within the department say
they're left with questions about his actions.

"I don't know what's going on in Mike's head," said Capt. Keith Dinkins,
who heads the vice and narcotics unit. "Mike hasn't been willing to stand
up and give any answers."

Vice is considered a tough -- yet popular -- assignment. About 30 officers
applied for one recent opening.

The squad has four supervisors and 38 detectives who carry some of the most
demanding caseloads and court schedules in the department.

Some of Marlow's colleagues called him an aggressive and compassionate
officer. But three vice members who declined to be named said several
officers in the unit had argued against Marlow's assignment to vice.

In 1996, as a patrol officer, Marlow had shot and killed an unarmed motorist.

Several investigations cleared him of any wrongdoing, but the shooting
helped spark the formation of a Citizens Review Board, which reviews
allegations of police misconduct.

Marlow's performance record can't be released under state law, but Dinkins
said Marlow was a diligent officer who received good evaluations. And other
officers who worked with Marlow in patrol speak highly of him.

"He was one of our better officers, a real go-getter type," said Sgt. Tim
McGhee, his former supervisor.

Vice officers who worked with him more recently, however, including
Marlow's former partner, declined to talk publicly about him. Privately,
though, officers say his zeal earned him the nickname "Mad Dog."

In the spring of 2001, department sources say, Marlow wrecked his
city-owned car, badly damaging the back end. He tried to repair it himself
without reporting it -- a violation of department policy.

When the damage was discovered, Marlow was disciplined, officials say.
Records show he received a suspension in May 2001.

Official account

The internal affairs account of Jan. 8, the night that disrupted Marlow's
law enforcement career, says he finished his shift at 1:30 a.m. and drank
alcohol on the police parking deck. Driving home, the report says, he
spotted Freeman working as a prostitute on North Davidson Street, turned
and followed him.Marlow let Freeman into his car, the report said. After a
moment, Marlow spotted a marked police car and ordered Freeman to get out,
afraid of being questioned. But according to Freeman's statement to police,
Freeman wanted $20 first. Freeman didn't believe Marlow was a police officer.

As they argued, Marlow pointed his .40-caliber Glock at Freeman to scare
him out of the car. They struggled and Marlow fired a shot. Freeman still
wouldn't leave, so Marlow fired again from outside the car, according to
the police statement. The car then rolled and hit a fire hydrant.

Freeman ran, and Marlow hid the beer he'd had in his car before calling for
help on his police radio, according to the internal affairs report.

Marlow has spoken publicly only once since his resignation, denying any
wrongdoing that night and saying he left the department because of years of
stress. He has declined several recent requests for an interview from The
Observer.

"Everybody's very shocked and concerned," said McGhee, who called the
incident out of character for Marlow.

Added T.A. Armstrong, who served on patrol with Marlow: "It blew a lot of
us away -- it took a lot of us several days to even kind of comprehend it."

The district attorney's office investigated the incident but decided not to
file charges.

But Freeman spent eight days in jail as a result of the encounter.

Nancy Walker, an attorney Freeman hired to sue the department, said the
officers ignored Freeman's version of events and arrested him that night,
despite signs that Marlow's account wasn't the real story.

"Franklin tried to tell everybody in the world what was going on," Walker said.

Credibility takes hit

Within the vice unit, Marlow's actions have been discussed, but no major
changes have been made, Dinkins said. "It was he who did it, and not the
whole unit."

Vice members acknowledge that their credibility took a hit, however --
something that troubles a unit that spends a lot of time in court.

"It's just been vice this and vice that," one officer said. "I just hate to
see these guys and girls up here get tarnished."

Marlow's departure has already led to a number of cases being dismissed. An
Observer review of Marlow's arrest record shows that the district
attorney's office dropped 92 charges involving drugs or prostitution
against 28 defendants after Marlow left the force.

Ten other defendants were convicted in plea bargains, and nine defendants
facing a total of 19 charges still have cases pending that are likely to be
dismissed.

Prosecutors say they couldn't count on Marlow to appear in court because he
is no longer a police employee. And the allegations against him likely
would have hurt his credibility on the stand.

"Every defense attorney was just lying in wait for it," said Assistant
District Attorney Bruce Lillie.

Among Marlow's dismissed or pending cases are 17 counts of cocaine
trafficking, each representing an ounce or more of cocaine, and six counts
of trafficking in Ecstasy or LSD, each representing a minimum of 100 pills
or hits.

Police officials insist they've dealt with the fallout from Jan. 8 and
moved on. They say the string of disciplinary actions doesn't indicate a
larger problem -- and, in fact, shows that the department does a good job
of policing its own.

An internal affairs review shows that the department investigated 426
complaints against officers in 2001, including 262 involving the most
serious violations, such as insubordination and unbecoming conduct.

Of the most serious complaints, 96 were sustained and resulted in some
discipline. The numbers aren't broken down by squad, and reviews weren't
done in past years, so comparisons aren't possible.

Police spokesman Keith Bridges said the department treated the January
incident as it would any other problem with officers. "We dealt with it
appropriately," he said. "We dealt with it harshly."

The two suspended vice detectives declined to comment. Sgt. James Stephens,
who was Marlow's direct supervisor and was given a 90-day suspension,
wouldn't discuss the case. "I think we all have regrets in life," he said.
"Hindsight is 20/20."

He added that he believes his former colleagues will move on from the
incidents.

"It's a good unit up there, and it always has been," he said. "What
happened, I don't think has affected the efficiency of that unit ... or the
quality of their work at all."