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News (Media Awareness Project) - US MI: Officers Subeonaed In City Worker Drug Probe Hire Lawyers
Title:US MI: Officers Subeonaed In City Worker Drug Probe Hire Lawyers
Published On:2002-03-02
Source:Flint Journal (MI)
Fetched On:2008-01-24 19:03:01
OFFICERS SUBEONAED IN CITY WORKER DRUG PROBE HIRE LAWYERS

Flint - Police officers are lining up high-powered legal counsel in
response to an investigation of a drug sting involving a city worker
who allegedly used Mayor Woodrow Stanley's car to deliver drugs last
month.

At least nine officers who have been subpoenaed and one who has not
have retained noted lawyers Michael P. and Frank Manley and Fred
Schmoll to represent them.

"I've been retained by four officers and I've already met with three
of them," Michael Manley said. "Obviously, there must be reasonable
cause a crime may have been committed if a circuit court judge signs
an order (issuing investigative subpoenas). We've interviewed all the
officers separately, for the good of the officers. I don't believe
they've done anything wrong."

The grand jury-style probe stems from the police department's
handling of a drug sting last month.

A confidential informant purchased alleged cocaine from a City Hall
custodian, Jan. 22, records show. When the informant went to the
man's home, he was informed by a woman there the custodian was at
City Hall obtaining more drugs, records show.

The custodian returned a short time later, driving the mayor's city-
assigned black Buick Park Avenue. Police obtained a search warrant
the next day and returned to the house, where they arrested the
custodian and four others. They were taken to the police department
but were not logged in, records show. They were then released pending
further investigation.

The matter was complicated when the original police report was
edited, deleting any references to drugs at City Hall or the mayor's
car.

When media reports surfaced about the raid and the edited reports,
Genesee County Prosecutor Arthur A. Busch requested the entire case
file in order to issue an arrest warrant - a move labeled unusual by
police Chief Bradford Barksdale. Barksdale claimed warrants were not
typically issued until a more thorough analysis of the suspected
drugs was completed.

Those results and the state police crime lab report were forwarded to
Busch last week. But Busch ordered Barksdale to hand over the
complete file by 5 p.m. Monday - a deadline the chief ignored.

Barksdale has said the reports were edited to protect the
confidential informant.

Meanwhile, Genesee Circuit Judge Judith A. Fullerton approved Busch's
request to issue investigative subpoenas in a probe that includes
obstruction of justice charges and tampering with evidence in a
felony case.

Busch declined comment Friday on the specifics of the investigation.
He did say no officers who've been subpoenaed have been interviewed
yet.

Barksdale was unavailable for comment.

But Sources close to the investigation have said several officers
have been subpoenaed.

Just because there is a probe doesn't mean there's been a crime
committed, Manley said.

"Our plan is having the officers be 100 percent cooperative and
truthful," he said. "Justice will prevail over the buddy system."

Manley said he has consulted with noted labor attorney Glenn N.
Lenhoff to help insure officers don't receive pressure from others in
the department.

Seeking statements from officers through investigative subpoenas is
rare, Schmoll said.

"It's very unusual," he said. "I have never heard of it. Usually,
they're issued for big narcotics cases or an old murder case."

David Forystek, president of the Flint Police Officers Association,
said legal representation is not unusual but the investigative
process is nearly unheard of.

"It's very rare, I've never seen (investigative subpoenas) before,"
Forystek said. "By getting legal representation, we're not saying the
officers did anything wrong. We just want it covered from the very
beginning."

Forystek said officers had the option of having the city attorney's
office represent them. They opted instead for their own counsel.
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