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CHAPTER ONE
OUR PERCEPTIONS AND EXPECTATIONS
OFTEN CONTRADICT REALITY.
It's hard to believe I'm sitting here in Federal court, but here
I am in the Federal District Court House. I look around the room:
the large columns, the marble floors, the boxes and boxes of paper
work, more than 40,000 documents concerning my case alone. I'm
the plaintiff in a case against my bosses; after 23 years as a
cop here I am, taking them on in a court of law. I'm not alone
in this battle; if I was, I probably wouldn't have made it this
far. I guess I've always been an idealist who thought he was living
the life of a realist; so as you probably guessed, it was a shock
to my very being to actually discover that what I thought was
true and correct was nothing more than a "sham."
I was living a good life. I liked being a cop, and enjoyed what
I did for a living. I felt in my own way I was making a difference.
Little did I realize that I was part of a system of power that
had no accountability: power that did what it wanted, to whom
it wanted, and when it wanted. Being a cop, you have an abundance
of power, but all in all, you still have accountability. When
you're the top administrators, it's another story. A story that
I found out about the hard way, one that almost got me killed.
It all started in the spring of 1994; I was a patrol sergeant
working the swing shift for Kingston County Sheriff office. Kingston
County was a fast-growing suburb.
The military had expanded their operations in the county a few
years back, bringing the area population up from 34,000 to some
staggering 1/4 million people in less than ten years. It was a
definite boomtown era.
The county government for years had been a "good ole boy"
system. It was evolving with the changing times, and with the
influx of people coming into the community. We noticed the population
growth in the law enforcement field; the impact was overwhelming.
Crime had risen beyond belief and we were understaffed. The deputies
who used to investigate crime were now reduced to nothing more
than report takers. A typical swing shift would start out with
ten to twenty calls backed up, and end ten hours later with an
equal amount of calls still pending. We would run from 12 to 14
deputies on a swing shift with an overlapping mid-shift coming
in at eighteen hundred hours. As patrol sergeant, one of my jobs
was to constantly shift priorities on calls, so the life threatening,
or at-risk calls would be handled first. As we use to say in Kingston
County, we have a response time to 911 calls ranging from 10 minutes
to 10 days depending on the priority of the call, and the other
calls pending. Well enough of that, let me get back to the story.
March 13, 1994: Swing shift line-up, the on-coming deputies had
assembled to be given their area assignments and to be briefed
on current events and information relating to criminal activities
in their respective areas. Little did I know, as I began conducting
line up, it was the beginning of the end of my career and would
change my life forever. You know life is funny that way, sometimes
the least little thing, something that might not even seem related
to you can have such an impact that it changes your life. That
is exactly what happened to me.
After a line-up, one of my deputies, Charles Atwater, came to
me.
"Hey, Sarge, can I talk to you in private for a minute? It's
important."
"No problem, closed the door." I responded.
Deputy Atwater and I were the only ones in the sergeant's office.
All the deputies had just walked out and were
getting ready to go on patrol to their assigned areas.
Deputy Atwater began. "You being my sergeant, I wanted to
let you know what I'm about to do. Since I work for you, I figure
it might affect you so I wanted to give you the heads up."
I nodded my head, and Atwater continued.
"Well Sarge, tomorrow I file my public disclosure papers
to run for Sheriff in the November, 1994, election. I don't know
how the Sheriff will react, so I wanted you to know in advance,
just in case it causes career problems."
I replied, "Okay, well I appreciate the advance warning."
Deputy Atwater continued, saying he had given a lot of thought
to running for sheriff. He and his wife had made the decision
last year that he would run in the upcoming election.
The sheriff in Kingston County is an elected official. The elections
are held in the fall every four years. The current Sheriff, Patrick
Johnston, had a history of being vindictive and of crushing anyone
that attempted to get in his way. I understood what Deputy Atwater's
concerns were, when he advised me he wanted to give me the heads
up on his intentions. I appreciated the advance warning and anticipated
there would be problems.
In the past, other deputies had tried to run against Sheriff Johnston.
They all found themselves without a job after the election. The
battles were usually short lived, and when the dust cleared those
deputies' reputations, along with their careers, had been destroyed.
No one who had run against Sheriff Johnston had ever survived.
Deputy Atwater knew the risk he was taking. He remarked that he
realized he had to win the election or his career was over. He
then put me on the spot and asked me to support him in the upcoming
election. I shook my head and looked up at him. I explained to
him that I supported his right to run, but could not, and would
not, support him in the election. I then explained to him that
I had worked for Sheriff Johnston for more than 21 years, and
even though I did not agree with all of his administrative practices,
I owed him a certain amount of loyalty. I went on, advising Atwater
that I also knew Sheriff Johnston to be a very vindictive person.
I did not want any problems with the man, or with the remainder
of my career. I was not political and did not wish to get involved
with politics.
Deputy Atwater wouldn't give up; he then asked me if I would at
least vote for him in the upcoming election. I told him that I
felt how a person voted was an individual and confidential matter.
"That is why it's a secret ballot." I said.
I then wished him good luck and shook his hand.
At the time of this conversation, neither one of us had even a
clue of the corruption taking place around us. Corruption surrounding
Sheriff Johnston was controlled by him and by those he had put
into power. The conversation between Atwater and myself seemed
innocent enough, one you would expect you could have in a free
country, like the good ole' U.S. of A. However, it was in fact
the start of a series of events that would affect my life forever.
Atwater then walked out of the sergeant's office and went on patrol.
I got busy doing the paper work of the day.
Part of my duties as a patrol sergeant was to approve all the
incoming reports that came in. I was responsible for making certain
that the reports were complete and accurate. If they were not
complete, requiring additional investigation, I had to assign
the report back to a patrol deputy for follow-up work.
Approving reports is a secondary function of a patrol sergeant.
The primary function is that of listening to the police radio
traffic, monitoring the computer's pending calls screen, overseeing
all 911 calls, and operations of the shift.
Deputy Atwater did as he had stated. He filed his public disclosure
statement stating his intent to run for sheriff in the November,
1994, election. It didn't take long for Sheriff Johnston to react.
Approximately one week later, on March 21, 1994, he ordered an
internal affairs investigation against Atwater. The normal procedure
when an IA investigation is initiated, is to notify the officer's
immediate supervisor, and to have the immediate supervisor do
a preliminary investigation. This is an inquiry, to determine
if a full IA investigation is warranted.
The charge filed against Deputy Atwater alleged improper conduct
and inappropriate behavior while investigating a burglary to a
church some three months earlier. I was never contacted nor advised
of the investigation by my supervisors. I learned about the IA
investigation from Sgt. Cantrell, who was assigned by Sheriff
Johnston to handle the investigation.
Now, as I said. Kingston County is a county in transition, and
the growth of the public services such as law enforcement has
not caught up to the population expansion, nor to all the modern
day procedures and built in safeguards. There is no IA division
in the sheriffs' department as there are in larger departments.
The sheriff himself appoints a supervisor to conduct an IA investigation
when he feels one is warranted. There are 120 deputies in the
department and each deputy is accountable to his or her shift
sergeant.
I was rather upset to learn Sgt. Cantrell was assigned to handle
the investigation against Deputy Atwater since I was Atwater's
supervisor. I would have had the same concern for any of the deputies
on my shift if it happened to them. Furthermore, I had known Sgt.
Cantrell since his career started at Kingston County. He had a
reputation of being a "yes" man, and a hatchet man for
the administration. I decided to contact Chief Halsted and advised
him that I was not pleased with Sgt. Cantrell being assigned to
conduct an IA investigation against one of my deputies. Further,
I asked Chief Halsted why I was not assigned to handle the investigation.
Chief Halsted advised me that Sheriff Johnston had made the decision
to have Sgt. Cantrell conduct the investigation and that was the
way it would be. I informed the chief that I wanted to go on record
as opposing their not following procedure in regard to this case.
I later learned the IA investigation against Deputy Atwater was
initiated by Sheriff Johnston's sister, after Atwater filed his
public disclosure. Sheriff Johnston's sister apparently contacted
a woman at her church where Deputy Atwater had handled a burglary
investigation some three months earlier. She talked this woman
into filing a complaint against Atwater. She then called Sheriff
Johnston and informed him that this woman wanted to file a complaint
against Atwater. Sheriff Johnston then arranged for Sgt. Cantrell
to contact the woman from the church so an investigation could
be initiated.
After talking to Chief Halsted, I also talked to Sgt. Cantrell.
I informed him that I formally went on record opposing procedure
not being followed, and the fact that he was handling the Atwater
investigation. Sgt. Cantrell told me he did not know why he was
assigned the investigation instead of me, since I was Atwater's
immediate supervisor. Sgt. Cantrell then informed me he had only
started the investigation yesterday, but had already determined
that Deputy Atwater had behaved improperly and most likely would
receive a written reprimand which would be placed in his file.
He advised that the violation did not appear to be any more serious
than a letter of a reprimand. I asked him if he had spoken to
Deputy Atwater yet, and he responded he had not. Deputy Atwater
was on vacation at this time and out of the area. Sgt. Cantrell
advised he intended to contact him when he returned. I reminded
him that department policy dictates notifying an officer of a
pending IA investigation within 24 hours of starting the investigation.
He responded he realized that, but it was no big deal; Atwater
was only going to get a letter of a reprimand anyway. I walked
away realizing it was a setup designed to put a blemish on Deputy
Atwater's record prior to the election. I had seen it happen before
when other deputies had announced that they were going to run
against Sheriff Johnston. The sheriff would use the reprimand
against Atwater in his campaign for re-election. It was not right
but it was a reality. Sgt. Cantrell never did talk to Atwater,
but the investigation concluded that Deputy Atwater acted improperly
and he was given a written reprimand. Deputy Atwater never returned
to work. He could see the handwriting on the wall. He requested
a leave of absence to run for sheriff. It was denied. He resigned
to avoid giving Sheriff Johnston the opportunity to discredit
or put additional blemishes on his record.
I went on with my normal duties as a patrol sergeant and tried
to stay out of the election process. The department was basically
split down the middle with 50% of the deputies supporting Atwater
and 50% supporting Johnston. Most of the other mid-level supervisors
and I tried to remain neutral and concentrate our efforts toward
keeping the deputies focused on their mission and service to the
community. For the most part, through the summer of 1994 it was
business as usual. It was the calm before the storm, I was to
discover: short lived and soon to pass.
In late August, the former Deputy Atwater approached Captain
Hill asking him to be his undersheriff if was elected to the sheriff's
position. Capt. Hill was rather reluctant, and had turned Atwater
down when he had previously asked him. This time, however, Capt.
Hill agreed to accept the position if Atwater won the election.
The undersheriff is the second in command in the department. He
basically runs the department for the sheriff. Capt. Hill has
always been a fair, compassionate man who took pride in being
a police officer and serving the public. He was constantly at
odds with Sheriff Johnston and Undersheriff Dieter for their lack
of fairness, and lack of consistency in dealing both with the
officers and the public.
Capt. Hill realized accepting the position of undersheriff for
Atwater, would cause problems with Johnston and his administration.
He did not realize, however, how far reaching the effect would
be, nor that it would bring an end to his career. Shortly after
Capt. Hill made his decision concerning the undersheriff position;
Atwater announced it at the sheriff's guild meeting. He wanted
the guild to endorse him for sheriff. He felt, with Capt. Hill
on his side he could win the sheriff's guild endorsement. This
was a politically smart maneuver. Capt. Hill was probably the
most liked and respected supervisor in the department. The end
result was the division among the ranks grew even wider and more
intense over the upcoming election.
The deputies became so divided that tempers flared and
animosities grew. The other sergeants and I had a difficult, if
not impossible task of attempting to keep the deputies focused
on their mission. It was a known fact among the troops that Sheriff
Johnston was vindictive by nature. Likewise, it was common knowledge
that those who stood by Johnston would move up in the department.
The combinations of these factors stimulated a lack of trust.
There were deputies who would report to Johnston anyone considered
to be helping Atwater. Johnston's supporters felt that anyone
helping Atwater was disloyal. Paranoia continued to grow as the
election approached.
I worked swing shift during July, August, and September, 1994,
and was scheduled to start graveyard shift around October first.
I requested annual leave for the last week in September and the
first part of October. It was approved. I was scheduled to return
to work October 10, 1994, on the graveyard shift. I was looking
forward to taking leave, and then coming back to the graveyard
shift.
I, in fact, remarked many times how: I was looking forward to
going to a graveyard shift so I could stay out of the politics
with the general election coming up in November.
My oldest daughter was getting married October first, in Oregon.
My wife and I were focusing on the wedding. I was equally excited
about getting a break from the turmoil at the sheriff's office.
My vacation and my daughter's wedding came and went. Both were
extremely enjoyable.
October 10, 1994, I returned to Washington State, and was looking
forward to starting a graveyard shift that night. I felt refreshed
and ready to get back to work. In the afternoon, I stopped by
the precinct office to get current on events, prior to going to
work that night.
Capt. Hill contacted me. He advised that after the announcement
came out that he was going to be Atwater's undersheriff he had
received a call from Detective Wiggins, one of Sheriff Johnston's
supporters. He told Capt. Hill that he was stupid for supporting
Atwater and he had just flushed his career down the toilet.
Capt. Hill went on to tell me that the day after the announcement
came out he was contacted by Chief Halsted. The chief was upset
with him for agreeing to be Atwater's undersheriff. He told him
that Sheriff Johnston was disappointed in him and reminded him
the sheriff had ways of getting even. He went on to say the sheriff
would get anyone who opposed him, and he had better be careful.
Halsted then remarked: "What you should have done was told
Atwater to get fucked"
Halsted then got a serious look on his face and advised Capt.
Hill that he should think about what he was doing.
Capt. Hill became more intense as he continued. He told me that
yesterday he had been contacted by Undersheriff Deiter. Deiter
also informed him that Sheriff Johnston was very upset and disappointed
with him for agreeing to be Atwater's Undersheriff. Deiter then
lectured Capt. Hill that he made a mistake, and the Sheriff would
see that he paid for that mistake. He told him he should fix the
mistake he made by telling Atwater that he reconsidered, and back
out before it was too late. Capt. Hill said Deiter's demeanor
was very intimidating toward him. I told the Captain I was sorry
to hear all of this, then he said there was more. He went on to
state that Undersheriff Deiter had told him that he and the sheriff
had also learned you agreed to be Atwater's Chief of Detectives,
if he wins the election.
" Me?" I asked.
Capt. Hill nodded his head, "Yes, you." He acknowledged.
He said, "according to the Undersheriff, they're both upset
with you, as well."
I informed Capt. Hill I never agreed to be anything for Atwater
or anyone else, for that matter. I have been trying to stay uninvolved
and neutral in the election process.
Capt. Hill told me he understood my position but someone must
have told Johnston and Deiter that I accepted the Chief of Detectives
position. He said he did not mean to upset me, he only was trying
to update me as to what has been occurring. Capt. Hill then informed
me that Sheriff Johnston was in the precinct office this afternoon
inquiring as to when I was due back from my vacation. He told
me that he had advised the sheriff I would be in tonight to run
the graveyard shift. The sheriff told him to tell me that the
sheriff would be at the precinct office at the start of graveyard
shift to talk to me. Capt. Hill then commented that Johnston also
told him I had agreed to be Atwater's chief of detectives. I shook
my head, and told the captain that I was not pleased with what
was going on. I then checked my mailbox at the office as well
as my office "in" box, and went home.
Later that evening, I returned in uniform to begin my first
shift back on graveyard. As I came into the precinct office, I
was greeted by Sgt. Newton who informed me Sheriff Johnston had
been in the office half an hour ago looking for me. He stated
the sheriff told him I had agreed to be Atwater's chief of detectives
if he won the election. I told Sgt. Newton I haven't even talked
to Atwater since he resigned six months ago. I further told him
I never agreed to be anything for Atwater. Sgt. Newton responded
that the sheriff told him he would be back later to talk to me.
I said "fine." I looked forward to talking to the sheriff,
and getting this matter straightened out.
My intention at that time was straightforward: I wanted to stay
uninvolved in the election process and focus on my job. I enjoyed
my job as a patrol sergeant, and was comfortable with it. I did
not need or want a conflict with Johnston or his administration.
I had personally witnessed the damage Johnston and his people
had done to other deputies whom they focused
on destroying. I have always been loyal to the missions and goals
of the sheriffs' department. Johnston and his administration have
always left me alone to do my job. The relationship I had allowed
me the freedom to do my work. Johnston had always benefitted from
the positive press he received from my successful operations.
I wanted it to stay that way.
I began my line up and passed out shift assignments to the deputies
working the graveyard shift. Sheriff Johnston arrived at the office
during lineup. His demeanor appeared rather friendly and cordial.
He sat down in the lineup room and listened while I finished conducting
the line up. After completion of lineup, he made small talk with
the deputies and me before they departed for their assigned areas.
As the deputies started to depart, Johnston told me he needed
to speak to me in private. He requested I go with him to the traffic
division office which was vacant at that time. I asked for him
to give me a few minutes to get the deputies all out on the road
and so I could call Cen. Com. to brief them on some current events
occurring that evening. He Said that would be fine. I took care
of business at hand and then told the sheriff I was ready to speak
to him. We then proceeded to the traffic office. Sheriff Johnston
advised me to have a seat. As I walked over to a chair to sit
down, he walked over and closed the door then immediately got
right to the point. The small talk was over.
"You've been talking to the press and saying bad things about
me, haven't you?" Johnston demanded in a loud and rather
intimidating voice.
"I have not talked to the press or any news media; I haven't
even been in the state for the last three weeks," I responded.
"Well," Johnston stated. "I got a call from some
reporters and they advised me they had been talking to a deputy
who implicated me in being involved in illegal narcotic activities."
He, went on to state that I was the county's expert in the narcotics
field, having worked two tours of duty in deep cover and having
supervised and set up other operations. He said the reporters
knew things they shouldn't have known, so he concluded that I
must have talked to them.
I once again assured the sheriff that I had not talked to anyone
from the press. He looked physically shaken; his demeanor was
full of anger and rage. As he spoke, his voice would rise and
fall in a harsh tone. It was obvious to me that he was upset,
irate, and close to being out of control.
I could see he did not believe what I was telling him. I also
got the distinct impression that Sheriff Johnston had some skeletons
in the closet relating to drug activities; Skeletons I did not
know existed until that very moment.
The sheriff then demanded to know. "If you aren't the one
who talked to the news media, who did?"
"I don't have a clue," I responded.
"Well," Johnston said once again as he appeared to be
collecting his thoughts. "Are you aware of any illegal narcotic
activities involving me?"
I shook my head no and advised "I am not aware of any illegal
narcotic activities involving anyone in the sheriff's office.
If I was aware of such activities, I would most certainly report
it to the proper authorities and not to the press."
Sheriff Johnston, then raised his voice. His facial expression
changed from anger to a serious look of concern. He asked:
"What is this I hear that you are going to be Atwater's chief
of detectives if he is elected?"
I looked at the Sheriff; he was staring at me as if to analyze
my reaction. I once again advised him I had been out of town on
vacation for the past three weeks. I returned to learn of this
rumor concerning me becoming Atwater's chief of Detectives.
I advised him I did not need this, stating "I am not political
and I have been trying to stay out of the political process."
I demanded to know where this rumor came from, because it was
not true.
Sheriff Johnston quickly responded, 'Atwater is the one that started
it by stating you are going to be his chief of detectives."
I remarked: "Well, Atwater never said anything to me; in
fact, from what I heard today when I returned to the office, it
is you sheriff and Undersheriff Deiter who are the ones spreading
the rumor of me going to be Atwater's chief of detectives. I don't
like it, I don't need this, I'm trying to stay out of politics,"
I repeated.
The sheriff's anger grew, as he raised his voice and once again
claimed Atwater was the one saying it.
Realizing that I was aggravating the sheriff, I decided to drop
it. I made my point. So I said,
" Well, I don't want the Chief of detective's job, I've been
in charge of detectives before and your time is not your own.
I like it here on patrol, I'm happy as a patrol sergeant and want
to stay here."
Sheriff Johnston's tone switched. He began to lecture me. He said
Atwater was not going to be elected Sheriff anyway, and he, Johnston,
was going to win the election in November. He then went on, stating
"all of those deputies who are supporting Atwater had better
realize that they work for me and," he paused for a moment
before continuing, "even if by some strange fluke, Atwater
won the election, those deputies who supported Atwater, would
have to work for me after the election for the three months before
Atwater would take charge of the office." Sheriff Johnston
stopped and swallowed hard.
Then he said, " A lot can happen in three months; careers
can be destroyed and come to an abrupt end, for having made the
wrong choices."
I took a deep breath, and tried to control my emotions. It was
obvious to me I was being threatened--threatened by the top Law
Enforcement officer in the County. My perception of this man had
just changed. I wondered what he actually was capable of doing.
I had always viewed Sheriff Johnston as a dedicated law enforcement
officer; a poor manager, but a dedicated individual.
From past experience I had learned he had a temper, and would
focus his attentions on those who opposed him. I had never been
on the opposing end before; so I was seeing first hand the other
side of the man a side I did not know. I knew Sheriff Johnston
wasn't always fair and he would have his administration go after
those who opposed him, but I thought he had a reason to do so.
Throughout my career I had observed a lack of fairness and consistency
within Johnston and his appointed administration toward those
that worked for them.
I had written this off as poor leadership; after all no one is
perfect. I had always been left alone to do my job, and I guess
I developed an attitude that those whom Johnston had "come
down on" (in the past) had done something to deserve it.
I just gave Johnston the benefit of the doubt that he was justified
in the decisions and the steps he took to discipline individuals
within the department. Now, as this conversation progressed I
came to realize I had been wrong, and it scared me.
Sheriff Johnston went on to say that there were individuals in
the department such as Deputy Farrell who needed to do what they
were told and keep their mouths shut. He said Deputy Farrell and
others like him were a disruptive force to the mission and goals
of the department. If they continued on the path they were on,
they would all find themselves out of a job and losing their careers.
Deputy Farrell was one of the deputies vocally supporting Atwater
for sheriff. He also was one of the few deputies that would stand
up to the administration when they made some decisions which were
unfair or lacked consistency. I viewed Deputy Farrell as an individual
dedicated to trying to improve the working conditions within the
department. He was one of the deputies involved in the union and
guild affairs which, more times than not, put him at odds with
Sheriff Johnston and his top administrators.
I told Sheriff Johnston it was he and those he appointed to run
the department who have, in fact, created the demeanor of Deputy
Farrell and those like him. I told him if his administrators would
practice applying fair and consistent decisions and disciplinary
measures, there wouldn't be people like Farrell causing problems.
I realized as I was talking, I should have kept my mouth shut.
Sheriff Johnston became enraged, furious that I would imply that
they had done anything wrong. He began to yell at me, stating
Deputy Farrell was a mental, and the department would be better
off without him. Sheriff Johnston then kind of switched gears
in mid stream, and demanded once again to know if I had talked
to the news media. I again assured him I had not, and told him
I resented the fact that he was questioning me again after we
had already been through it and I had answered his questions.
I was upset now, and ready to just keep on speaking my piece;
after all, he was the one who put me in this situation. I told
him he needed to re-evaluate his administrative practices before
the problems in the department became worse. I went on, telling
him there was a real division in the department over the election
and it was hurting the morale of the deputies and the effectiveness
of the department. As a supervisor, I explained, I felt I had
an obligation to point the problems out, in hope that measures
would be taken to correct the problems. Sheriff Johnston wasn't
even listening to me.
He raised his voice and stated: "I'm going to win the election,
and after the election you will be working for me. All of you
need to realize you will be working for me. You better get smart
and do the right thing if you value your career. You know, Sarge,
I always had a lot of respect for you; I know you'll do what is
right in regards to this election. I'm glad we had this talk.
I'm also glad to hear that you're not going to be Atwater's chief
of detectives. Now you talk with the deputies, and help them to
make the right decisions concerning the election, and their careers.
I know they'll listen to you. Okay, good night Sarge, I'm going
home now."
The sheriff then walked out of the room and departed. I stood
there for a moment, bewildered. He had not heard a word that I
said. I couldn't believe the man had just threatened me and my
career. I was overwhelmed with feelings of disbelief, anger and
fear.
Sergeant Newton walked into the office. He asked me how it went
and if I was okay. He said he could hear the sheriff yelling at
me. I gave him an overview of the conversation that took place.
He told me to be careful, the sheriff was under a lot of strain
over the election and he did not want to see me caught in the
fallout.
After talking to Sgt. Newton I decided to write notes of the conversation
between the sheriff and myself. It comes from the police training.
You take notes to protect yourself. It's drilled into you, "documentation,
documentation." It's for your safety and protection. I recorded
detailed notes of everything Sheriff Johnston and I had talked
about.
During the course of the shift, I talked to some of the other
supervisors and deputies concerning my conversation with the sheriff.
I don't really know why I talked about it. I guess I just had
to. It bothered me, and it helped to talk about it.
The next morning when I got home from work, I woke my wife and
told her what had occurred. We talked for a while about it. I
could not sleep: I was all wound up about the entire situation.
I think I probably would have been able to put it behind me and
use the newly acquired insight I had gained concerning the Sheriff's
demeanor to my advantage if it wasn't for the next series of events.
I tried to get in touch with Atwater over the next couple of days.
When I finally reached him I asked if he told anyone I was going
to be his chief of detectives. He said no, in fact the reality
of the matter was he was not even considering me for the position.
I remarked, "good," because I did not want the position.
Atwater then asked me to publicly support him for sheriff. I once
again refused.
October 18, 1994, was a beautiful, sunny day, crisp and clear.
The events of the day would bring a significant impact to all
those who were working at the sheriff's office. The sheriff's
guild, which is like a union for the deputies, had a vote to determine
whom they would endorse for sheriff in the election. The vote
was open to all the deputies in the guild and the results of the
vote would be printed in the local newspapers. The deputies who
supported Atwater turned out in force, as did the deputies who
supported Johnston. There was one distinct difference between
the two groups. The deputies who supported Atwater all wore rubber
gloves when they filled out their ballots. They feared Johnston
would get a hold of the ballots and have them dusted for finger
prints to determine which deputies voted against him. It was rather
extreme and paranoid, but the fact of the matter was they were
scared.
I did not wear gloves but I did vote. Who I voted for really wasn't
important. The important thing was the impact of the vote. The
result came in, Johnston with 46 votes and Atwater with 44 votes.
Thirteen deputies refused to vote, and four votes were thrown
out because the ballots weren't done as instructed. No one really
knows if the four votes that were thrown out were for Johnston
or Atwater. No one, that is except those who counted the votes,
and they weren't talking. At any rate, Sheriff Johnston got the
endorsement, but neither side considered it a win.
Sheriff Johnston was furious. He was so upset over the nearly
50/50 split on the vote that he was over heard saying to many
in the department that he would get those who voted against him,
and they would pay. He would teach the deputies a lesson for not
supporting him, he said. It wasn't even a real win for Johnston
in the newspapers they reported the guild voted to endorse Johnston
for sheriff in the election, but the article was focused on the
department's division and the 50/50 split resulting in Johnston
winning the endorsement by only two votes.
October 19, 1994, the day after the guild vote, proved to be a
day that would forever impact my life. It was likewise a day Sheriff
Johnston will remember for the rest of his life. An anonymous
letter was delivered to all news media, all public officials,
to all the school districts, and to other community leaders. The
letter consisted of two pages of single spaced typing listing
events and incidents of wrongdoing by Sheriff Johnston and his
administration. It is my personal belief this letter was prompted
by the guild vote and the frustration felt by some of the deputies.
To this day it is not known who authored the anonymous letter
or who was involved in distributing it. When I arrived at work
on October 19, 1994, for the graveyard shift the letter was the
talk of the department, even though none of the deputies had actually
seen the letter. Capt. Hill took me aside and told me about the
letter. He said me Sheriff Johnston had contacted him earlier
that day and questioned him concerning it (the letter). He said
that one of the incidents listed in the letter stated that a certain
captain had witnessed Sheriff Johnston breaking into a business,
committing burglary. The sheriff read this to Capt. Hill, and
then asked the captain if he ever witnessed him breaking into
a business. Capt. Hill said he was caught completely off guard
by the sheriff's questioning of him. He did not know what to say,
so he answered the sheriff with a question.
"You wouldn't break into a business, or any building, would
you, sheriff?"
The sheriff answered with, " Well no, certainly not, I would
never do such a thing."
Capt. Hill then said Johnston changed the conversation to the
anonymous letter in general and how upset he was over it. He told
Capt. Hill he was going to get to the bottom of it, find out who
was responsible and they would pay dearly. The captain then remarked
that it had been a very intense day around the office.
Captain Hill was the only captain we had in the sheriff's office,
so when the anonymous letter stated that a certain captain witnessed
Johnston break into a building, it pointed the finger right at
Captain Hill.
Capt. Hill got up from his desk and walked to the door. He looked
out of the room to see if anyone was around. No one was about
in the hallway. He then closed the door and motioned to me to
come over to his desk. He sat down. He told me he did in a fact
witness Sheriff Johnston break into a business. It was about 16
years ago, when Johnston was running for sheriff for the first
time. He said, Johnston broke into a business, and then called
the owner. He told the owner he was out patrolling and scared
off some burglars who were attempting to burglarize his store.
Hill went on to say Johnston then bragged to him that this was
how he was gaining support and votes from the business community
by making them think he was out protecting their businesses and
scaring off criminals.
Capt. Hill also related to me that he was aware of two other incidents
where Sheriff Johnston broke into businesses; one incident was
witnessed by Deputy Houde and one witnessed by Officer White,
a city police officer who was riding with Johnston one night.
He continued telling me about the incident where he witnessed
Johnston break into a grocery store. Johnston, after breaking
in, helped himself to a candy bar and a soda, then called the
owner. He said the owner was very happy with Johnston for chasing
off the suspects and protecting his business.
Capt. Hill then turned rather red and flustered as he related
the story about the sheriff.
"The incident concerning Johnston breaking into stores in
the anonymous letter is true. I just didn't know how to answer
Johnston when he asked me about it."
Capt. Hill continued. "So I decided to answer him with a
question to avoid a conflict. That's why I said, well, sheriff
you wouldn't break into any business would you?"
Capt. Hill went on, stating the demeanor demonstrated by Johnston
made him decide not to admit it and say, "yes I saw you break
into a business."
He did not know what Johnston would have done if he had answered
"yes." The fact of the matter was, he did not want to
find out. Even 16 years ago Johnston was untouchable, and if he
had turned him in it would have destroyed his career, not Johnston's.
Capt. Hill lamented that he realized both then and now he was
wrong for allowing Johnston to get away with his demeanor but
did not really know what to do about it.
Capt. Hill paused for a moment. He began talking about the anonymous
letter. He said Johnston had shown him the letter and it contained
a lot of old things in it: things and incidents that were true,
and had occurred a long time ago.
He remarked that whoever wrote the letter has been around for
sometime and knows how corrupt Sheriff Johnston and his administrators
are. The letter scared him and he feared things around the office
were going from bad to worse, and that it had only just begun.
I was shocked and dismayed at what and Capt. Hill informed me.
I was equally surprised and rather disappointed in the three officers,
including Capt. Hill, for allowing Johnston to get away with breaking
into businesses. In my 21 plus years as a police officer, I experienced
police officers with poor people skills, and some that were heavy
handed, but basically, they were all honest and upright people
trying to do the best they could. I had pride in my profession,
and pride in those I worked with. Pride, and a belief they would
do the right thing. There were a couple of individuals over the
years, whose behavior I had questioned but all and all, I thought
we were the good guys.
Having been a police officer myself, 16 years ago when Johnston
first ran for sheriff and knowing the political backing Johnston
had, I guess I could understand why Capt. Hill and the others
were afraid to do anything about Johnston.
I understood, but it wasn't right, and from the anonymous letter
it sounded like the past was coming around again. Life is funny
that way, we rarely get away with anything. It all has a way of
catching up to us. I wondered what else was in the anonymous letter
that caused Sheriff Johnston to be so upset and I wondered if
all of it was true.
The rest of the week was basically routine. I never saw Sheriff
Johnston, or anyone from the administration, for that matter.
I heard talk about the anonymous letter-- it was the topic of
discussion for the week. However, none of the deputies I talked
to had seen it.
October 25, 1994, I came into work to start a graveyard shift.
I came in early as I normally did, so that I could get my paper
work done and prepare for line up. I finished line up and got
my deputies out on patrol. I had just settled down to read and
approve reports when Lt. Booths walked into the room. Lt. Booths
was in charge of "Pro Net" which was the undercover
drug investigation unit for the county. He told me he needed to
gas up his undercover vehicle and he had forgotten his gas key.
I told him,
"No problem, you can use my gas key" and walked out
to the gas pump with him. He gassed up his car and then returned
my key to me. We stood in front of the precinct office talking.
Chief Halsted drove up and parked his unmarked unit. He got out
of his car and walked over to us. It was around 9:00 p.m.. Chief
Halsted was in uniform. It was not normal to see him out at night
and even more unusual for him to be in uniform. Halsted was the
chief criminal deputy of the department. It was a position appointed
by Sheriff Johnston. The chief criminal deputy was the third in
command of the department, below the sheriff, and undersheriff.
Chief Halsted walked up, and said he was there to talk to me.
He requested that when Lt. Booths and I were finished talking
I would contact him in the sergeant's office. Halsted then went
into the precinct building. Lt. Booths and I finished our conversation,
which lasted only a couple of minutes, and I went into the office.
Chief Halsted was sitting in the sergeant's office. As I entered
the room he stood up and told me to take a seat. He then walked
over to the door and shut it. The chief and I were the only ones
in the room.
Chief Halsted advised me he really did not want to be there talking
to me, but he was ordered by Sheriff Johnston to do so. He then
moved rather briskly over to where I was seated. He stood directly
over me and got right into my face. He began almost yelling at
me, in a very stern and strong voice.
He said in a demanding voice: "Did you write the anonymous
letter?"
I was caught completely off guard and was totally surprised.
"No, I did not." I responded.
Halsted then asked: "Were you involved in the anonymous letter
in any fashion?"
"No, I was not" I answered.
He continued his questioning asking me if I had seen or read the
anonymous letter and I responded that I had not. Halsted then
handed me the anonymous letter and told me to read it. I grabbed
the letter from him and began to read. It was all in capital letters,
single spaced, and contained a lot of spelling errors.
DEAR SIR:
I AM WRITINT THIS LETTER, BECAUSE THE PUBLIC SHOULD BE AWARE OF
THE POWER BASE OF CORUPTION, FRAUD AND MISCONDUCT CURRENTLY OPERATING
IN KINGSTON COUNTY ADMINSTRATION UNDER THE DIRECTION OF PAT JOHNSTON.
HERE IS A LIST OF SOME OF THE THINGS THAT HAVE OCCURRED.
-DESTRUCTION OF RECORDS AND PROPERTY EVIDENCE
-WAGES USED FOR OTHER THAN WHAT INTENDED FOR
-SHERIFF, UNDERSHERIFF AND CHIEF TAKE FAMILY VACATIONS AT TAX
PAYERS EXPENSE
-SHERIFF AND UNDERSHERIFF HAVE ILLICIT AFFAIRS FINANACED BY PRIVATE
SLUSH FUND SET UP WITH PUBLIC FUNDS
-LT. BOOTHS CONFESSED TO USING COCAINE, PRIOR TO SHERIFF PUTTING
HIM INCHAREGE OF THE DRUG UNIT
-DET. WIGGINS LIED ON A SEARCH WARRANT IN A HOMICIDE CASE. SHERIFF
COVERED IT UP. PUT HIM IN CHARGE OF GETTING SEARCH WARRANTS FOR
SHERIFF OFFICE
-SHERIFF RECIEVES FEDERAL MONEY TO HIRE DEPUTIES BUT DOESN'T UNKOWN
WHERE THE MONEY GOES
-SHERIFF CAUGHT TWICE BREAKING INTO BUSINESSES. BRAGGED THAT WAS
HOW HE GETS VOTES BY TELLING OWNERS HE DISCOVERED THE BURGLARY
AND CHASED THE SUSPECTS OFF.
-UNDERSHERIFF RECIEVES THOUSANDS OF DOLLARS FROM CONCERT PROMOTERS.
THERE NOT ALLOWED TO HAVE CONCERTS UNLESS THEY PAY HIM OFF
-SHERIFF PAYED OFF A WOMEN IN GOT PREGEANT
-SHERIFF SECRETARY KEEPS A SECOND SET OF BOOKS CONTAINING MONEY
BLED OFF AND PUT INTO A PRIVATE SLUSH FUND.
-PAST CHIEF OF DETECTIVES FORCE TO RETIRE BECASUE HE REFUSED TO
COVER UP FOR SHERIFF.
-PROMOTION TEST ARE SOMETIMES FIXED TO INSURE YES MEN GET PROMOTED
-SHERIFF JOHNSTON WAS INVOLVED IN THE TRIPLE HOMICIDE AND THEN
COVERED UP EVEDEINCE.
-NUMBEROUS QUESITIONABLE SUICIDES REALLL MURDER
-ONE DETECTIVE CAUGH STEALLING TWICE FROM HOMICIDE SCENES
-SHERIFF SISTER FILED COMPLAINT AGAINST ATWATER AFTER ATWATER
ANNOUNCE HE WAS RUNNING FOR SHERIFF
-TOP APPOINTED PEOPLE IN SHERIFF OFFICE PUT THERE BECAUSE THEY
WILL LIE AND COVER UP FOR SHERIFF
-LARGE QUANITIIES OF DRUGS HAVE DISAPPEARED FORM EVIDENCE ROOM
THEN COVERED UP BY SHERIFF AND LT. BOOTHS
-SOME BUINESS PEOPLE ARE OFF LIMITS TOTHE DEPUTYS AND PROTECTED
BY SHERIFF JOHNSTON
-SHERIFF JOHNSON IS INVOVLED IN DRUGS
-SHERIFF JOHNSTON AND UNDERSHERIFF DIETER RECEIVE KICK BACKS FROM
DRUG DEALERS
THESE ARE ONLY SOME OF THE THINGS OCCURRING WHCIH I AM AWARE OF
THERE ARE MANY MORE THING GOING ON. YOU PROPBALY WON'T PRINT THIS
BECAUSE I LACK THE COURAGE TO SIGN THIS LETTER FEARING WHAT MIGHT
HAPPEN TO MYSELF, MY FAMILY AND MY PRIMARY SOURCE OF INCOME...BUT
IS'S ALL TRUE DO WHAT YOU CAN.
I finished reading the letter and handed it back to Halsted.
"Well, what do you think?" Halsted asked.
"It's really heavy duty," I replied.
Chief Halsted then raised his voice and began to ask me a series
of questions.
"Did you write the letter?"
"No, I did not."
"Were you involved in writing the anonymous letter?"
"No, I was not."
"Did you contribute any material or information to the writing
of the letter?"
"No, I did not."
"Did you type the anonymous letter?"
"No, I did not."
"Did you assist in typing the letter?"
"No, I did not."
"Did you help in distributing the anonymous letter?"
"No, I did not."
"Did you meet with anyone concerning authoring the letter?"
"No, I did not."
"Do you know who wrote the anonymous letter?"
"No, I do not."
"Were you involved in the anonymous letter in any way, shape,
or form?"
"No, I was not."
Chief Halsted advised me that he and others in Sheriff Johnston's
administration were investigating the anonymous letter, and they
had a deputy come forward informing them that I was involved in
writing the letter.
I was getting very upset by Chief Halsted's line of questioning
and was just about ready to jump back into his face.
I took a deep breath and said: " I wanted to know . . . no,
I demand to know who said I was involved in this anonymous letter."
Chief Halted replied, "I can't tell you, all I can tell you
is that we had a deputy come forward and say you were involved.
He gave us a written statement stating you were involved."
I began to raise my voice, and said: "I have been a loyal
employee for more than 21 years and I resent the fact that you
come here and get into my face and accuse me of such a thing.
I take it as a direct insult to my integrity. If you are going
to tell me that someone said I am involved, you damn well better
tell me who. I have a right to confront this individual and find
out why he's saying such bull shit. I consider your actions, Chief,
as a slap on the face and I do not deserve it."
Chief Halsted immediately began to justify his actions. He said;
"We consider this anonymous letter to be a serious situation
and we are going to investigate it until we know who was involved.
There will be disciplinary action taken against any or all of
the individuals involved in this letter."
He then asked me again, if I wrote the anonymous letter. I, again
said, "No, I did not."
He went on to ask again if I typed the letter; however before
he could finish the question, I interrupted. I told him that I
had answered all of these questions twice already and I was finished
answering his questions until he told me who said I was involved.
Halsted stopped dead in his tracks. Then he said: "Well .
. . Well we're going to get them and they'll pay and if you are
involved you'll pay."
I shook my head and asked Halsted if we were done. He said he
was done for now, but they were still going to be investigating
the matter, and they had a report from a deputy concerning the
letter. I asked to see the report. Halsted told me he was not
authorized to show me the report.
I informed Chief Halsted that I had a shift to supervise, and
I had enough of this, and I was going to go back to work.
Halsted got a frown on his face; I could tell he was not pleased
with my attitude.
"Well, very well then, go back to work but I may want to
talk to you again. This matter is not closed and we will get to
the bottom of it," he remarked.
"Whatever." I responded.
Halsted then got up, opened the door and walked out. He went directly
out of the precinct office and got into his vehicle and departed.
I was very upset, to say the least. I walked out of the sergeant's
office. Sgt. Newton confronted me and asked what Halsted was doing
here. I started to answer him, and then stopped. I was too shaken
to continue. I excused myself and walked outside to get some fresh
air. Chief Halsted took pride in intimidating people. He didn't
like the fact that I did not give him the satisfaction of being
intimidated. He was angry with me. I was hurt and felt intimidated
that he accused me of the anonymous letter. It did not show but
I was shaking inside and needed to regain my composure. After
about ten minutes I returned into the precinct office and contacted
Sgt. Newton.
"Are you okay?" Sgt. Newton inquired.
"Yea, I guess that Halsted just gets to me." I replied.
I told Sgt. Newton what had transpired during my conversation
with Halsted. Sgt. Newton advised me that the Sheriff, Undersheriff,
and Chief have been having daily meetings with the detectives
over the anonymous letter. He stated they were closed door meetings
with a select group of detectives.
He knew something was going on, and they were upset over the letter.
He did not, however, know exactly what was occurring. He told
me that he thought the treatment I was receiving was inappropriate
and he was sorry it was happening to me.
I called Capt. Hill at his residence and explained what had just
occurred with my meeting with Halsted. He advised that he would
check on the matter in the morning. I left the precinct office,
after I hung up from Capt. Hill, and went out on patrol. I ended
up having a roadside meeting with Corporal Dirk and Deputy Parkins.
I told them about my conversation with Chief Halsted. Deputy Parkins
informed me that he had heard just today, that the administration
had information I was involved in the anonymous letter. He said
Sheriff Johnston was going around the office telling everyone
I was involved and they were going to handle the matter.
Corporal Dirk stated, the whole thing was a bunch of bull shit,
and it appeared I was being targeted. He advised me that I had
better get an attorney because once Johnston goes after someone,
he does not stop until he destroys that person's career. He remarked
that he has seen it happen too many times in the past. I needed
to protect myself. Deputy Parkins agreed with Corporal Dirk, and
added he would hire an attorney if it was happening to him.
I told both of them, I did not believe I needed an attorney at
this time. I had always been loyal to the department and did a
good job for Johnston. I thought Johnston would come around and
realize my history with the department. They both cautioned me
to be careful.
Later that night, I ran into Deputy Farrell; he had already heard
about Chief Halsted's visit with me. He said he was sorry to hear
I was being targeted by the administration. He went on to advise
that he had not seen the anonymous letter yet but from what he
was hearing, everything on it, all the wrong doing was true. He
then added. "that is why Sheriff Johnston is so upset over
the letter."
He told me to be careful. He believed Sheriff Johnston could be
dangerous and was capable of just about anything. He went on to
say that having all the allegations listed in the anonymous letter
out in the open is causing Johnston to get desperate. "If
he thinks you are involved in the anonymous letter, then he may
fear that you know too much and you are a threat to him, and that
is why he is targeting you." Farrell went on.
Deputy Farrell continued, stating he felt that Sheriff Johnston
was nothing more than a criminal, and that he was involved in
large scale criminal activities with some heavy hitters. He advised
he had no proof, but if he ever got proof he would bring Johnston
down. We talked for some time and when we were done, I was more
bewildered and upset about my conversation with Halsted than I
was earlier. I really did not know what to do or what exactly
was going on.
In the morning, when I got off graveyard shift, I arrived at my
residence and awoke my wife, Sherry. I told her about my night
and about my meeting with Halsted. She was upset to hear what
I was telling her and she remarked, "Well, now you know what
the administration thinks of you."
Her statement hit home. It hit me extremely hard. I've always
been a team player. I always considered the administration and
all the deputies, including myself, to be on the same team. In
my mind, I thought the sheriff and administration had respect
for me and the accomplishments of my law enforcement career. Having
been accused of writing the anonymous letter had even a greater
impact on me than I had realized.
I stayed up all day. I could not sleep. I was too wound up. Normally,
I would come home from a graveyard shift and go right to bed.
Today, I didn't, I just couldn't sleep, my mind would not slow
down. Later that morning, actually early in the afternoon, I received
a call from Capt. Hill.
Capt. Hill told me he had called the detective's office and spoke
with Det. Paris. He stated Det. Paris told him that Sheriff Johnston
had a select group of detectives, including himself, working on
determining who was responsible for the anonymous letter. Detective
Paris went on to advise Capt. Hill that at one of the meetings
where they had been discussing the anonymous letter, Detective
Wiggins stated that he thought I could have written the letter.
Detective Wiggin's reasoning behind thinking I was involved was
because the letter listed wrong doing involving Lt. Booths and
himself, Det. Wiggins. Wiggins made a comment at the meeting that
I did not like him or Lt. Booths.
Detective Paris, advised Wiggins, was only speculating but Sheriff
Johnston ordered Chief Halsted to contact me and interview me
concerning the anonymous letter. Johnston's thinking on the matter
was that he would shake me up and also lock me into a story, so
if at a later date they could prove that I was involved it would
give them grounds to fire me for lying.
Capt. Hill went on to say Detective Paris also told him Sheriff
Johnston believed me to be an Atwater supporter in the up coming
election. Sheriff Johnston was determined to destroy Atwater and
anyone that supported Atwater. Paris then warned Capt. Hill to
be careful, advising Johnston was also out to get him for agreeing
to be Atwater's undersheriff. Paris then remarked the problems
were just beginning and we should all be careful.
I got off the phone with Capt. Hill, and I really did not know
what to do. I knew I was not going to take this lying down and
that I was going to do something. I was equally disturbed to learn
I was the only one being investigated for the anonymous letter
and that Sheriff Johnston made a point of making sure all the
deputies knew I was being investigated.
Over the next few days, I got very little sleep. I kept searching
for solutions. I was searching for how to handle this situation.
The realization hit me; it hit me like a brick--- Sheriff Johnston
has been stepping on deputies and destroying their careers over
the last sixteen years that he has been Sheriff. I counted them.
Seventeen deputies have either been fired or forced to resign
over the time Johnston has been the sheriff. I was so into my
own career, I never paid any attention. Every time a deputy got
into trouble with Johnston, I just made the assumption that the
deputy did something wrong. I never knew the situation completely.
It didn't affect me, so I never worried about it. I was always
busy working undercover or working on homicide cases. My career
consumed my life. I actually never realized what was going on
around me in relation to Sheriff Johnston. Now it was my turn
to face off with Johnston and the reality hit home.
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