Post by WaTcHeR on Jun 7, 2006 10:47:06 GMT -5
06.07.2006 - No criminal charges will be filed against two veteran Springfield police detectives accused of taking shortcuts in a number of investigations.
However, detectives Jim Graham and Paul Carpenter apparently still face an internal probe that could lead to disciplinary action by the Springfield Police Department.
Graham and Carpenter remain on paid administrative leave. Carpenter, who has been with the department since 1993, was placed on leave in October; Graham, a 14-year veteran of the force, was placed on leave in January.
Charles Zalar, with the state's attorney's appellate prosecutor's office, said Tuesday that the office will not file charges against the two.
"The letter went out yesterday," Zalar said. "I wrote to (Circuit) Judge (Leo) Zappa, who appointed us, and to the case agent for the state police. I don't want to deal with the substance of it simply because virtually everything is going to be the subject of potential disciplinary action."
However, Zalar did say the appellate prosecutor's office focused generally on allegations made by former city police Sgt. Ron Vose in a letter to Police Chief Don Kliment in March 2005.
Vose, a 27-year veteran of the department, resigned in January. He then filed a lawsuit against two of his bosses, accusing them of retaliating against him after he disclosed what he believed were improprieties committed by Graham and Carpenter.
Vose's memo to Kliment, the substance of which has not been made public, was about 20 pages. Among other allegations, Vose apparently suggested that Graham and Carpenter obtained warrants to search crime suspects' garbage - so-called "trash rips" - without proper supporting evidence.
Vose's allegations and the subsequent criminal investigation have been cited by several local defense attorneys who have asked judges to let them question the detectives about their confidential informants.
The appellate prosecutor's office is the third agency to decline to pursue criminal charges against the detectives.
The Sangamon County state's attorney's office recused itself from the case because it has worked closely with the officers.
"We felt it was more appropriate for a completely objective third party to review it," said first assistant state's attorney Steve Weinhoeft.
The U.S. attorney's office also was given a chance to review the case and refused to file any criminal charges, according to law enforcement sources.
The Illinois State Police referred all questions to the Springfield Police Department.
"Basically, it will be up to the SPD to release whatever they can release or not release, but that's our policy when we do investigations concerning other agencies," said Master Sgt. Rick Hector.
City police remained mum on the issue Tuesday.
"It's a personnel matter, and I can't discuss it," said assistant police chief Ralph Caldwell, who is serving as head of the department while Kliment is training at the FBI Academy in Quantico, Va.
Graham and Carpenter, contacted through acquaintances, declined to comment, leaving it up to the city officers' union, Police Benevolent and Protective Association No. 5, to respond.
However, Sgt. Bob Markovic, president of the local, said, "My reaction is that no one asked us what (the union) thought all along for the last year, so we have no reaction."
State police investigators initially were brought in to conduct an internal investigation into the detectives' behavior. The agency then turned the focus of the inquiry to possible criminal activity. The state police case now reverts to an internal probe.
Graham and Carpenter are required to cooperate with internal investigations, and they probably will have to submit to interviews with state police investigators. However, the results of those interviews are not usable in a criminal case.
The results of the state police internal affairs case, which probably also will involve the Springfield Police Department's internal affairs division, eventually will be turned over to city administrators to determine whether any discipline will be imposed.
No timetable for the internal affairs case has been disclosed.
Speaking in general terms, city attorney Jenifer Johnson said that when internal investigations are complete, the findings are given to the officers' lieutenant, deputy chief over their division and the chief, each of whom makes a recommendation. The chief then ultimately decides what is done.
However, detectives Jim Graham and Paul Carpenter apparently still face an internal probe that could lead to disciplinary action by the Springfield Police Department.
Graham and Carpenter remain on paid administrative leave. Carpenter, who has been with the department since 1993, was placed on leave in October; Graham, a 14-year veteran of the force, was placed on leave in January.
Charles Zalar, with the state's attorney's appellate prosecutor's office, said Tuesday that the office will not file charges against the two.
"The letter went out yesterday," Zalar said. "I wrote to (Circuit) Judge (Leo) Zappa, who appointed us, and to the case agent for the state police. I don't want to deal with the substance of it simply because virtually everything is going to be the subject of potential disciplinary action."
However, Zalar did say the appellate prosecutor's office focused generally on allegations made by former city police Sgt. Ron Vose in a letter to Police Chief Don Kliment in March 2005.
Vose, a 27-year veteran of the department, resigned in January. He then filed a lawsuit against two of his bosses, accusing them of retaliating against him after he disclosed what he believed were improprieties committed by Graham and Carpenter.
Vose's memo to Kliment, the substance of which has not been made public, was about 20 pages. Among other allegations, Vose apparently suggested that Graham and Carpenter obtained warrants to search crime suspects' garbage - so-called "trash rips" - without proper supporting evidence.
Vose's allegations and the subsequent criminal investigation have been cited by several local defense attorneys who have asked judges to let them question the detectives about their confidential informants.
The appellate prosecutor's office is the third agency to decline to pursue criminal charges against the detectives.
The Sangamon County state's attorney's office recused itself from the case because it has worked closely with the officers.
"We felt it was more appropriate for a completely objective third party to review it," said first assistant state's attorney Steve Weinhoeft.
The U.S. attorney's office also was given a chance to review the case and refused to file any criminal charges, according to law enforcement sources.
The Illinois State Police referred all questions to the Springfield Police Department.
"Basically, it will be up to the SPD to release whatever they can release or not release, but that's our policy when we do investigations concerning other agencies," said Master Sgt. Rick Hector.
City police remained mum on the issue Tuesday.
"It's a personnel matter, and I can't discuss it," said assistant police chief Ralph Caldwell, who is serving as head of the department while Kliment is training at the FBI Academy in Quantico, Va.
Graham and Carpenter, contacted through acquaintances, declined to comment, leaving it up to the city officers' union, Police Benevolent and Protective Association No. 5, to respond.
However, Sgt. Bob Markovic, president of the local, said, "My reaction is that no one asked us what (the union) thought all along for the last year, so we have no reaction."
State police investigators initially were brought in to conduct an internal investigation into the detectives' behavior. The agency then turned the focus of the inquiry to possible criminal activity. The state police case now reverts to an internal probe.
Graham and Carpenter are required to cooperate with internal investigations, and they probably will have to submit to interviews with state police investigators. However, the results of those interviews are not usable in a criminal case.
The results of the state police internal affairs case, which probably also will involve the Springfield Police Department's internal affairs division, eventually will be turned over to city administrators to determine whether any discipline will be imposed.
No timetable for the internal affairs case has been disclosed.
Speaking in general terms, city attorney Jenifer Johnson said that when internal investigations are complete, the findings are given to the officers' lieutenant, deputy chief over their division and the chief, each of whom makes a recommendation. The chief then ultimately decides what is done.