DRUG CASE AGAINST LAWYER DISMISSED

The case against a criminal defense lawyer accused of trying to smuggle
cocaine into the Knox County jail was dismissed Wednesday after a judge
ruled there wasn't enough evidence to send it to a grand jury.

Knox County Sessions Court Judge Chuck Cerny made his decision following a
preliminary hearing in which both prosecution and defense attorneys agreed
Keith Eric Haas had accepted an envelope containing cocaine and cash from
an undercover sheriff's deputy.

But they had far different accounts of why Haas ended up with that envelope
Aug. 30, 2001, and what he thought it contained and what he intended to do
with it.

"If the state is sitting on more evidence that they aren't telling me about
then that's regrettable," Cerny said in dismissing the single drug
possession charge against Haas.

He added, "I suspect that somebody has been getting contraband into the
downtown (jail), and I wouldn't be the least bit surprised if it was a lawyer."

Cerny, however, said the prosecution failed to show there was probable
cause to believe that Haas had committed any offense.

Instead Haas' attorney, Bob Ritchie, said after the hearing that Haas, a
Sevierville-based lawyer, was a victim of one of his own clients.

"We have believed from the beginning that this young lawyer was the victim
of a setup," Ritchie said. "So we are certainly pleased that the court
found that there was no evidence of intent to deliver the cocaine."

Ritchie and Knoxville lawyer Wade Davies, who also represents Haas,
indicated Haas was set up by a jailed client named Larrick Degree.

Ritchie did not elaborate on why Degree would want to harm Haas.

The case against Haas may not be over, despite Wednesday's dismissal.

Assistant District Attorney General Leon Franks said that his office would
consider taking it to a Knox County grand jury anyway.

"We're going to take a serious look at it," Franks said after the hearing.

Haas, 34 at the time, was arrested by Knox County sheriff's officers
shortly after an undercover deputy delivered an envelope containing about
two ounces of cocaine and five $100 bills to him in the parking of the
Calhoun's restaurant on Neyland Drive.

Sheriff Tim Hutchison said after the arrest that Haas was paid the cash to
deliver the cocaine to an inmate being held in the jail.

That never came out in the hearing in which both sides played their cards
close to the vest and didn't discuss what triggered the investigation -
except that an inmate was involved.

Sgt. Heather Gilbert, working undercover, testified that she delivered the
envelope to Haas. Gilbert testified that the envelope had a code word on it
so that Haas would know she was the one who was supposed to give it to him.

"I did tell him I had a package for Degree," Gilbert testified.

She left and moments later Haas also left driving around the downtown area
for several minutes, while deputies trailed him. He drove down Cumberland
Avenue where he parked and was stopped by deputies as he apparently headed
into a restaurant.

According to testimony the money was in his pocket.

Carlton "Butch" Bryant, an attorney who works for the sheriff's office, and
Sgt. David Henderson both testified Haas told them at the scene that he
thought he had been set up.

Ritchie elicited testimony from Bryant that Haas said he was confused and
didn't know what to do when asked why he drove all over downtown.

But Henderson also testified that Haas said, "Well, I want to help myself,"
and Butch said, "Well, you need to be honest with us."

Ritchie argued that Haas didn't know what was in the envelope and was
stunned to discover it was cocaine.

He told Cerny that Haas was confused about what to do. Ritchie said it's
not uncommon for defense attorneys to get illegal or incriminating items
from clients and one practice is for them to give it to another attorney to
turn over to authorities.

" the only testimony before the court is that he panicked, that he did not
know what to do," Ritchie argued.

Franks countered that Haas did not call an attorney and drove by the
sheriff's office, the police department and Ritchie's office.

"He was so panicked he parks his car, gets out and walks into a restaurant
that's how panicked he was," Franks argued sarcastically.