Published: October 17, 2009 05:35 pm      

District Attorney Burns upset with Marlow police department testimony

A case against a man for trafficking methamphetamine was tossed out of court Friday after two Marlow Police officers testified and evidence was inconsistent with their testimonies.

“This case really bothers me,” District Attorney Bret Burns said Friday. “After the conclusion of the hearing, I moved to dismiss the case because some of the police officers didn’t tell the truth.”

Those officers were Marlow Police Department’s Randy Johnson and Rodney Richards.

Marlow Police Chief Bob Hill also testified, Burns said.

“Their testimonies contradicted each other,” Burns said.

On May 4, Johnson and Richards arrested a couple who was charged with possession and trafficking.

Melanie Anderson and a male companion, both of Marlow, were arrested after being stopped by Johnson and Richards in Grady County, outside of the Marlow City limits and jurisdiction.

The stop also involved a pursuit. The pursuit, jurisdiction and even audio logs introduced as evidence were all in question, Burns said.

Burns said another police officer was coming to work from Chickasha and saw the two Marlow officers outside of their city jurisdiction. He said the officer called Johnson and Richards to see what they were doing and testimony indicated that they were conducting surveillance. Further testimony had the officers denying being at that location along U.S. Highway 81.

During the hearing Friday, Burns said the officers denied being outside not only city limits but also outside of Stephens County.

“The police officers testified differently. Randy Johnson was seen setting up surveillance in Grady County. We also asked for the audio tape and the first one did not contain everything.

They provided the log tape, so there were two audio logs. One was doctored, so they chose what to put in the first one to mislead,” Burns said.

Burns said that Hill and Johnson both testified that Rodney Richards said a federal warrant was in place for the male defendant, but that proved to not be the case. The pursuit in question also had the officers providing a different route, Burns said.

The couple were found to have methamphetamine in their possession, along with some found in the car. State forensics returned evidence to the District Attorney’s office that the meth was 20 grams, though, Burns said, officers had said it was about 30 grams.

Even so, the 20 grams that was in a plastic bag was enough for a trafficking conviction, he said.

If this case had been handled correctly, Burns said, he’s confident that the male defendant would be facing 30 years to life in prison for the trafficking charge.

In an Oct. 5 preliminary hearing, Anderson, 31, testified against her male companion, 38. She testified that she was in possession of the bag of meth for him but that it was not hers.

She pleaded guilty and received 20 years for trafficking.

She remains in the Stephens County Jail and Burns said that Friday’s court actions taints Anderson’s conviction. He is considering a review for a sentence modification of Anderson.

“There is no question that he’s a drug dealer, but just as I know that, I know that the two officers lied to the court,” Burns said Friday in his office.

“I know (he) deserves to go to prison, but I will not be a part of a system in which police officers lie. I will not cross that line.”

He also said he would not ask jurors to convict a man based on false testimony of a police officer.

“Ninety-nine percent of our people, the law officers, are great people and do protect us.”

Burns said he would encourage the Marlow Municipal authority to conduct its own internal investigation.

“The fairness and honesty of our justice system is more important than one defendant,” Burns said.

“I’m disappointed in the conduct of the Marlow Police officers. It’s a shame where the conduct of a few tarnishes the entire department and the integrity of officers.”

Marlow City Manager Janice Cain was contacted Friday afternoon but was not aware of the court case details or that it was dismissed.

“At this time, I don’t have enough information or details to make any comment,” she said. Hill was not available for comment.

Granting Burns request was Judge Carl LaMar.

Burns also said that this case had to be postponed on two previous occasions because one of the Marlow officers wasn’t available.