ALLEGATIONS AGAINST OFFICERS CAN BE AIRED IN COURT

A judge ruled Thursday that misconduct allegations against four Wichita
police officers -- so far kept private -- can be examined in open court by
a drug defendant's lawyer.

"I believe these issues need to have a full hearing," District Judge
Rebecca Pilshaw said. "I would like to hear these officers testify under oath."

In a news conference after the hearing, Police Chief Norman Williams said
"it is unfortunate that a department administrative issue has reached the
level of being addressed in District Court."

He called the development "unusual" -- the first he knew of in 27 years.

Kurt Kerns, the defense lawyer seeking to examine the misconduct
allegations, challenged Williams' assertion that internal investigators
found only minor policy violations by the officers.

"I can guarantee I'm going to find major offenses by these officers," Kerns
said.

The officers -- identified by Pilshaw and in court records as Sgt. J.C.
Bannister and Officers K.R. Goebel, A.R. Parker and M.L. Thode -- have
declined to comment or could not be reached.

The four, based on the west side, have been members of a unit called the
Special Community Action Team, which combats drugs, gangs and street-level
violence.

One of the officers, Thode, has been wounded in the line of duty. Another,
Bannister, has been recognized for helping rescue a motorist from a burning
car.

Pilshaw said she would pay close attention to whether any testimony the
officers might give in court differs from statements they gave to internal
police investigators. If she hears any discrepancy, she said, she would
allow Kerns to challenge it.

Kerns will question the officers at a hearing set for July 25 and 26.

"Mr. Kerns will be given great latitude in his ability to examine these
issues," Pilshaw said.

She granted Kerns access to police reports related to 10 cases of alleged
misconduct detailed in a 15-page memo from City Attorney Gary Rebenstorf to
Williams.

But she denied Kerns' request for the memo, ruling it is a private "work
product."

And she did not grant Kerns access to the officers' personnel files and
internal affairs files because they do not appear -- so far in her review
- -- to be relevant to his client's case.

Kerns is defending Terry Marck, charged with manufacturing methamphetamine.
Kerns has contended that the same four officers were involved in
warrantless and unconstitutional searches of Marck's home almost two years ago.

In challenging the searches, Kerns wants to question the credibility of the
officers, in light of the misconduct allegations.

Williams said he can't comment on the nature of the allegations.

Pilshaw said that in her review of internal affairs interviews with the
officers, it appears that the allegations present a "pattern of behavior"
by three of the four officers -- Bannister, Goebel and Thode. But Pilshaw
said she did not see such an alleged pattern with Parker. She said she was
"surprised" that Parker had been part of the investigation.

Although Pilshaw will allow the allegations to be aired in court, she said
it is important for police to be able to conduct internal affairs
investigations with privacy.

In a prepared statement, the city's legal department said it appreciated
Pilshaw's decision to keep the memo and the officers' personnel files
confidential, saying state and federal laws recognize such privacy.

Although Williams said it is unfortunate the issue is bound for a court
hearing, he said he appreciated Pilshaw's "diligence and thoroughness."