Saturday, November 04, 2006Henry County drug scandal could taint several casesOne case was dismissed Friday because a key investigator is now under indictment. Several more cases are being reviewed.Related
Eric Brady | The Roanoke Times Henry County Sheriff Frank Cassell walks outside the Poff Federal Building in Roanoke.
Sam Dean | The Roanoke Times U.S. Attorney John Brownlee talks about the investigation of the Henry County Sheriff's Office at a press conference held today at the Poff Federal Building in Roanoke. RelatedStories
VideoPhoto galleryIndictmentMesssage boardA Martinsville judge on Friday dismissed a drug case that had been handled by Henry County vice investigators now under federal indictment, and several local attorneys predicted that questions of county officers' credibility could plague an undetermined number of pending cases. Judge Carter Greer dismissed the cocaine distribution case at the request of Martinsville prosecutors who expressed concern that the case was investigated by Travis Wilkins and his supervisor, Patrick Martin. The two men, along with 10 other deputies, Sheriff Frank Cassell and seven civilians, are named in a 48-count indictment that accused some sheriff's office employees of using and selling drugs, stealing evidence, money laundering and obstruction of justice. The allegations have prompted Henry County Commonwealth's Attorney Bob Bushnell to begin a review to see if any pending court cases have been tainted by the arrest of officers whom he would need as credible witnesses. The case dismissed Friday in Martinsville Circuit Court against Anthony Leon Hunt stemmed from an undercover investigation conducted in October 2005. Wilkins, the lead investigator in the case, testified in an earlier hearing that he had been tailing the vehicle in which a cocaine buy allegedly was made. He said he later put three rocks of cocaine into an evidence vault, according to court papers. Martinsville Commonwealth's Attorney Joan Ziglar said she was troubled that Hunt, who has at least two prior convictions of cocaine distribution, had escaped full prosecution. "We take very seriously the drug activity in Martinsville," Ziglar said. "I think it contributes to the majority of criminal activity in the city." She said she believes that Hunt's case was the only one pending in Martinsville courts that involved any of the now-indicted deputies. Bushnell said he has not determined how many Henry County cases, if any, could be tainted. Of the 18 cases scheduled for trial in Henry County Circuit Court over the next 30 days, there are subpoenas on file calling Martin as a potential witness in two of the cases. "It's going to be a mammoth headache," predicted Roanoke Commonwealth's Attorney Donald Caldwell. It could get worse, Caldwell said, if some of the Henry County law officers are convicted and people they helped put behind bars in the past start demanding new trials. Caldwell said that prosecutors face a moral dilemma when handling cases that depend on evidence gathered by investigators who are under suspicion. "If you find out one of your witnesses is involved in illegal activity, you want to make sure you use that evidence cautiously," Caldwell said. "I can tell you that certainly it would be my belief that defense attorneys would be trying to get to that issue" in court proceedings. Vikram Kapil, public defender for Martinsville and Henry and Patrick counties, said he would always consider attacking a witness whose credibility has been damaged. Kapil said he is looking into whether his office has any clients whose cases could be affected. "We're reviewing those cases to see if any of these officers were arresting officers or supervising officers, and what extent their supervision was," he said. Roanoke County Commonwealth's Attorney Randy Leach said that if he had a strong enough case without having to call an indicted officer to the witness stand, he would be inclined to move forward. "I'd have to do it on a case-by-base basis," Leach said. Two attorneys who practice criminal defense law suggested it might be difficult to get away with attacking a witness' credibility in court unless he has been convicted of a crime. "There's a presumption that you're innocent," said Charles Aaron, a Martinsville-based lawyer. Del. Ward Armstrong, D-Henry County, an attorney who is defending one of the accused deputies, said that Bushnell will have to make some tough decisions no matter what. "Clearly, the public's trust in the sheriff's department has been eroded," Armstrong said. "And it will take some time for that to be repaired." |
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