Downfall - Samuel E. Stone

EXCERPT

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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.