POLICIES SHIELD SUSPECT COPS
Why did the Leland Police Department keep on duty an officer it knew was the subject of a state and federal cocaine-trafficking probe? According to officials in the Brunswick County town, their personnel policy made them do it.
Nationally recognized authorities on police practices say that under model police policies used in some cities, Cpl.  Brett Hobbs would have been reassigned to a less-sensitive job or suspended with pay until the investigation played out to ensure security and preserve integrity.
Cpl.  Hobbs is free on $500,000 bond after being indicted for cocaine trafficking and for obstructing justice.
He is accused of association with a drug gang whose members moved at least 100 pounds of cocaine from Mexico to Texas to Florida, and eventually, the North Carolina counties of Brunswick, New Hanover and Columbus in 1999 and 2000 before he was a police officer.
A joint task force that included drug officers from Brunswick County and the N.C.  State Bureau of Investigation, along with the U.S.  Drug Enforcement Administration, handled the probe, dubbed "Operation Riptide."
While an indictment does not mean a person is guilty of a crime, it does show that a grand jury believed there was enough credible evidence for the case to continue to court.
Leland -- like several other cities in the Cape Fear region and nationwide - -- applies the same policies to police officers that it does to other employees, from floor-sweepers to department heads.
Unless, and until, an arrest is made, the question of whether to suspend with pay or re-assign lies solely in the hands of police chiefs and city managers.
Leland officials say that's just fine with them and acknowledge that their policy treats all city employees equally.  But that view is far from universal.
Burgaw City Manager Martin Beach said he is well aware that in public life perception often carries the same weight as reality.  His town's policies, he said, do treat all employees the same but have provisions that cover accusations.  And discretion is used in Burgaw as well, he said, when police officers are involved.
"Law enforcement has to be held to a higher standard," Mr.  Beach said.  "With the power and authority that they have, they have got to be beyond reproach."
Under Burgaw's provisions, an officer accused but not formally charged could be placed on "investigative leave" with pay.
Extra leeway Wrightsville Beach has a personnel policy similar to Leland's.
Robert Simpson, the newly installed town manager, said Thursday that the questions of whether police officers merit a higher standard or special provision are valid.
"It would be nice to have a little bit of extra leeway," Mr.  Simpson said.
Wilmington uses model policies recommended by the International Association of Chiefs of Police, a spokesman said.  There, as in many other cities throughout the nation, special provisions exist in personnel policies that recognize the special nature of police work and call for a higher standard of accountability.
Beau Thurnauer, chief of police in Coventry, Conn., and author of a guide to internal affairs practices for small police departments offered as a model policy by the U.S.  Department of Justice, is among law enforcement professionals who say ita€ s dead wrong.
"I can' imagine an agency letting this guy work.  How, in good conscience, could you let a guy you think is being investigated by the DEA still work?" Chief Thurnauer said, after learning specifics of the Hobbs case during a telephone interview.  "If you are looking at what the acceptable standard is for performance in law enforcement nationwide this doesn't fit it.  The majority of police chiefs in this country would say this is unethical.  There is a morality issue and there is a legality issue, and those are not the standards that the rest of the nation uses."
Several attempts to reach Leland Police Chief Osey Sanders for comment on this article were unsuccessful.  However, Leland Town Manager David Hewett defended the town's policies and the decision to keep Cpl.  Hobbs on the force.
"This is America, and in America you are innocent until proven guilty," said Mr.  Hewett, noting that Leland's personnel policy allows for suspension, demotion or dismissal of employees, for failure in performance or failure in personal conduct.
Conduct unbecoming a public officer or employee -- as it is defined -- or conviction of a felony or misdemeanor that would adversely affect performance are among grounds for such official actions in the personal conduct category.
Authorized to kill Leland's policy allows for a "non-disciplinary suspension" without pay during an investigation, hearing or trial, but it does not contain provisions for a forced paid leave.
Mr.  Hewitt said that the investigation by state and federal authorities did not trigger such a suspension.  Leland launched its own investigation after Cpl.  Hobbs was indicted, which triggered this provision.  However, Cpl.  Hobbs continues to draw salary in the form of vacation and compensatory time, Mr.  Hewitt said.
Several local police executives and city managers interviewed last week were, for the most part, at a loss to explain how their specific policies would guide their actions in a similar situation.  Some said they would deal with such a case on a situational basis, regardless of what policies said.
Officials in two local municipalities -- Burgaw and Wilmington -- said they have specific provisions that would govern such an occurrence.
Police officers, who are authorized to use deadly force when necessary and to detain citizens, must be held to a higher standard, Chief Thurnauer and other law enforcement executives said.
A police officer who is accused of drug trafficking and remains on the job could potentially have access to data about confidential informants, as well information on pending drug raids and on personal details about fellow officers.
Criticism of Leland's handling of the case is not limited to the concerns of Chief Thurnauer, or other experts in distant places.
"Everyone is up in arms because they kept that officer on duty during that investigation," said Oak Island Police Chief Tom Johnson, one of the few local police executives interviewed last week to voice criticism on the record.  "We have to hold ourselves over and above.  We hold police officers in high esteem."
Bigger debate The broader issue of special treatment for police officers "whether in a positive or negative light" was a hot topic of discussion Thursday in Raleigh, where legislators heard testimony for and against an amendment that would create extra protections for police officers accused of crimes or misconduct.
Sponsored by Rep.  Grier A.  Martin, D-Raleigh, HB 1504 would establish minimum procedures to establish due process of law for officers in criminal and administrative investigations.
City managers and police chiefs are among the opponents to the measure, dubbed the "Investigation and Discipline of Law Enforcement Officers bill," which they say would further tie their hands when misconduct against an officer is alleged.
The legislation does, however, recognize suspension with pay as an option for a chief whose officer is accused of improper behavior.
Municipal policies that allow for paid suspensions or reassignments "similar to Burgaw's investigative leave practice" are in better stead to weather problems that arise when a cop is the accused.
The Leland case, Chief Thurnauer and other law enforcement executives said, is proof that municipalities need to examine their policies and that people need to demand that their elected representatives take the job seriously.
"There is not a due process question; there is no loss of time and no loss of wages.  If the preliminary investigation runs its course, it runs its course," Chief Thurnauer said.  "You've got to pay the guy's salary.  I think it stinks for the taxpayers, but it is better that you retain the guy and pay him."
Asked why anyone should care about what their town's personnel policies are, or even bother to ask what they are, Chief Thurnauer said the answer should be self-evident.
"If you are comfortable with unethical, disruptive, chaotic behavior then that is what is right for you," he said.
Staff Writer Ken Little contributed to this story. 

Leland Officer Arrested on Drug Charges
May 12, 2005, 10:11 AM EST MAY 5, 2005 -- The officer in charge of the Leland Police SWAT Team is under arrest and has now been moved to a different jail for his protection.
Police Commander Brett Hobbs surrendered to authorities early Thursday afternoon to face drug charges.
The State Bureau of Investigation booked Hobbs at the Brunswick County Jail. The charges involve making and dealing crack cocaine and lying to authorities.
Hobbs was moved to the Central Prison in Raleigh to protect his safety.
He is commander of the Leland Police SWAT Team. He is also the son of Leland Mayor Pro Tem Gordon Hobbs.
The district attorney's office says it has been investigating this drug ring for years.
Hobbs' bond is set at $500,000. At least seven others have been indicted in this drug ring. If Hobbs is convicted, he faces a minimum 14-year mandatory jail sentence.
Right now, he remains on the force but has been taken off the street.
Leland's town manager issued a statement Thursday saying Hobbs has a right to due process

HOBBS ARREST ON DRUG CHARGES DIMS SPIRITS
Regarded As Trusted Member Of Team Of 8, He Is Charged With Recruiting To Sell Drugs
The arrest of an Alleghany County sheriff's deputy this week on federal charges that he recruited two people to sell drugs seized during investigations has left the small sheriff's office downcast but relieved, a spokeswoman said yesterday.
The deputy, Ricky James Lyall, 33, of 1144 Prathers Creek Church Road in Laurel Springs, was arrested Tuesday on eight drug-related offenses, including conspiracy to possess drugs with intent to distribute, possession with intent to distribute, making a false statement to a federal law-enforcement agent, and six counts of extortion.
On Aug.  24, a federal grand jury in Charlotte returned a 15-count bill of indictment against Lyall.  The indictment had been sealed until Tuesday.  He was being held yesterday in the Mecklenburg County Jail.  No information was available about his bond.
Lyall has been on unpaid administrative leave from the Alleghany County Sheriff's Office since April 23, 2004.
"The sheriff requested an outside investigation in April of that year and had contacted the SBI in Hickory," said Nyla Duncan, a spokeswoman for the sheriff's office.  "It stemmed from an internal observation here between the sheriff and our chief deputy.  It was obvious to both of them that it did not need to be an internal investigation."
Lyall is accused of protecting the two people he is alleged to have recruited by "impeding criminal investigations; refusing to charge or arrest them; failing to write or falsifying police reports," according to a news release from the U.S.  Attorney's Office in Charlotte.
Lyall is also accused of extorting the two people for "things of value," including "money from the sale ...  of drugs and sexual favors."
He is also charged with making a false statement to a federal law-enforcement agent, and with six counts of extortion under the Hobbs Act.
The Hobbs Act prohibits actual or attempted robbery or extortion that in any way affects interstate commerce, the Justice Department's crime-resource manual says.
Lyall had worked for Alleghany County since 1992, first as a dispatcher and later as a deputy.
Others at the sheriff's office said that Lyall had become a trusted part of the team of eight deputies, which includes the sheriff and chief deputy as well as two deputies who are assigned to the Roaring Gap Country Club.
"We do have some auxiliary officers," Duncan said.  "One of those is our court bailiff.  At night, there's really usually just one deputy that covers the entire county.  During the day, it's two and the chief deputy and sheriff.  In a county this size, you know, the sheriff works just like one of the deputies does."
The investigation and this week's arrest have been hard on the spirit of the sheriff's office, she said.
"I think that the morale of the entire department was just unbelievably low, like April of last year," she said.  "That sort of thing ...  generated a lot of discussion and rumor which I guess is normal in a small community.  I think that at this point everybody is relieved to see the end of the investigation."
Sheriff Mike Caudill could not be reached for comment.
Duncan referred questions about the nature of the drugs that were involved and their amounts to the U.S.  Attorney's Office in Charlotte, which declined to provide anything more than a copy of the indictment. 

Last updated: May 24. 2005 12:00AM

Leland officials let town down
A man being investigated in connection with serious crimes has been allowed to work as a Leland police officer, thanks to the town manager, the police chief and, ultimately, the town council – one member of whom happens to be the officer's father.
Leland residents deserve better from the people they trust to protect them.
If Cpl. Brett Hobbs' indictment leads to his conviction on cocaine-trafficking charges, town residents will reasonably wonder whether his privileged position as an officer allowed him to help himself or criminal associates.
But whether he is found guilty or not, Mr. Hobbs' status as a potential suspect already has led to the dismissal of charges in about two-dozen other criminal cases in which he played a role as an officer.
In most professionally managed police departments and municipalities, Mr. Hobbs would have been reassigned or placed on paid leave when his superiors learned that he was being investigated by federal and state law-enforcement officers.
But neither Leland Police Chief Osey Sanders nor Town Manager David Hewett chose to do either of those things. They cited a policy that gives them that authority, but doesn't require it.
In fact, even after they knew he was being investigated, Mr. Hobbs was promoted, sent to school to learn how to use high-powered weapons, and allowed to remain commander of the SWAT team. He also was allowed to make narcotics arrests.
It's interesting that Mr. Hobbs was hired as an officer in the first place. When he was in training, he got into three minor scrapes with the law.
Before that, his home was invaded by ski-mask-wearing men, and shots were fired – the kind of thing that can happen to innocent people, to be sure, but more often happens to criminals who've run afoul of other criminals. Certainly it was the kind of incident that should have made town officials very careful about hiring him as an officer.
The treatment of Mr. Hobbs may have had nothing to do with the fact that his father is R. Gordon Hobbs, a member of the Town Council and now mayor pro-tem. But town residents are entitled to wonder.
They also will wonder why other members of the council allowed the situation to reach the point at which one national authority could call Leland's approach "unethical" and Oak Island Police Chief Tom Johnson would be moved to say, "Everyone is up in arms because they kept that officer on duty during that investigation. We have to hold ourselves over and above."
Apparently that attitude will prevail in Leland only if voters let elected officials know that they expect it.

Last updated: May 21. 2005 11:26PM
Some are troubled that officer remained on street during probe
By Ken Little
Staff Writer
ken.little@starnewsonline.com
Numerous questions remain unanswered in the case of Brett Hobbs, the Leland police officer charged May 5 with trafficking cocaine and obstructing justice.
For the time being, Leland police and other town officials aren’t talking.
“We’re making no further comments concerning his issues or his case or anything surrounding it or regarding it,” Chief Osey Sanders said earlier this week. “He’s got legal counsel now, so it wouldn’t be prudent for us to comment.”
Cpl. Hobbs, 26, has many professional responsibilities. He is departmental K-9 officer, SWAT team commander and has also served as a narcotics officer since joining the force in April 2002.
Since last summer, Cpl. Hobbs advanced in rank, attended the SWAT school and worked on the street, making arrests for drug offenses and other crimes.
“Not only did he continue to make arrests, he was promoted and sent to advanced training school,” said Chris Thomas, Brunswick County assistant district attorney.
Potential legal implications of the Hobbs case are far-reaching. To date, the District Attorney’s Office has thrown out about 25 criminal cases initiated by arrests made by Cpl. Hobbs this year, including at least five felonies.
“We never want to dismiss cases against anyone. It endangers the public,” Mr. Thomas said.
Lawyer Griffin Anderson represents criminal defendants in Brunswick County. The allegations against Cpl. Hobbs prompted Mr. Anderson to review cases arising out of arrests made by the Leland Police Department.
Mr. Anderson said that if prosecutors were aware Cpl. Hobbs was under investigation for alleged criminal wrongdoing, they should have furnished that information to defense lawyers – an action clearly defined in the 1963 Supreme Court “Brady V. Maryland” ruling that serves as the landmark case concerning issues relating to suppression of evidence.
“How would they have been affected if we had that information? I may have handled it differently,” he said of his clients. “I think there is a responsibility by authorities to provide that kind of information under Brady. It raises questions from the point in time authorities knew about that activity.”
Mr. Thomas isn’t sure how earlier convictions obtained through arrests made by Cpl. Hobbs will be affected. He will not elaborate on the activities of Cpl. Hobbs after he became a police officer, other than allegations connected with the 2004 obstruction of justice charge.
“For the last several months, we have been providing defense attorneys who represent individuals arrested by Brett Hobbs with information about the investigation,” Mr. Thomas said.
The SWAT instruction was particularly troubling to authorities. Cpl. Hobbs voluntarily surrendered to investigators, but no one knew how he would react prior to May 5, Mr. Thomas said.
“At SWAT school, you are sent to a school to be more effective with high-caliber weapons, which raised a great concern of our having to take him into custody,” Mr. Thomas said.
Between August 2000 and March 2001, Cpl. Hobbs attended and graduated from the Brunswick Community College basic law enforcement training program. He would have then had to pass a state certification examination to become a law enforcement officer.
“We believe he was still engaged in illegal drug activity up to and during basic law enforcement training,” Mr. Thomas said. Authorities won’t elaborate.
Brunswick County court records show Cpl. Hobbs had several minor brushes with the law before becoming a Leland policeman, including several that occurred while he was in basic law enforcement training.
In March 2001, Cpl. Hobbs was charged with unlawful possession of a game animal, a fox. In April 2001, he entered a guilty plea to the minor misdemeanor charge, received a five-day suspended jail sentence and was placed on unsupervised probation for six months.
He was also charged twice with speeding – in April 2001 by Shallotte police and in August 2000 by Boiling Spring Lakes police, after being clocked driving 86 mph in a 55 mph zone. Both cases were resolved without criminal convictions. Cpl. Hobbs successfully completed a defensive driving course.
When he was 21, Cpl. Hobbs was the victim of a home invasion in the Leland area. On Oct. 25, 1999, two armed men wearing ski masks burst into the Kingsworth Lane home where he was staying.
Shots were fired and the men fled. There were no injuries. No arrests have been made in the case, which was investigated by the Brunswick County Sheriff’s Office.
Cpl. Hobbs posted $500,000 bond May 10 and is free pending a June 8 court date. His parents put up property in a deed of trust to make bond, as did Village Road neighbors of the Hobbs family, William and Lorene Potter.
Cpl. Hobbs is on paid administrative leave.
“He has accumulated compensatory time and there is paid vacation he is entitled to,” Leland Town Manager David Hewett said. When the vacation and compensatory time runs out, “we will address that situation,” he said.
Roy Trest, Cpl. Hobbs’ lawyer, said the town is working on the pay issue, and may assign him a job that doesn’t involve police work.
Cpl. Hobbs’ father is R. Gordon Hobbs, Leland councilman and mayor pro tem. He has not returned calls seeking comment on the case. Mr. Trest has also declined comment.
The multi-agency investigation into the drug distribution network allegedly associated with Cpl. Hobbs has been active since at least 1998. Authorities said the focus of “Operation Riptide” is on a drug ring that originates in Mexico and imported more than 100 pounds of pure cocaine into Brunswick County during 1999 and 2000.
Chief Sanders was informed of the investigation in the summer of 2004, Mr. Thomas said, and learned even more several months later.
“It was definitely made available to the police department, specifically, the chief of police. We’ve allowed the Leland police to completely review this case file,” Mr. Thomas said.
In December, Chief Sanders was shown particulars at the Brunswick County District Attorney’s Office.
Mr. Thomas said the chief was able to review evidence that includes a photograph of Cpl. Hobbs taken from the home of co-defendant James Ellis, a high school friend, depicting him in street clothing and smoking what appears to be marijuana.
Chief Sanders was also given access to a cassette tape of Cpl. Hobbs sitting in a patrol car while on duty and engaging in a conversation with a relative of Mr. Ellis who is a convicted drug dealer, Mr. Thomas said.
The chief also looked at letters written by Cpl. Hobbs to Mr. Ellis, who is in a federal prison.
All the alleged activities are in direct violation of police department policy, Mr. Thomas said.
About a month ago, another high-ranking Leland Police Department officer was also given access to the same material Chief Sanders reviewed, Mr. Thomas said. He did not specify the officer.
Leland Town Manager Hewett acknowledged after Cpl. Hobbs’ arrest that Chief Sanders knew of an “investigation of an unknown nature” in the summer of 2004.
“In the 10 months since that time, Chief Sanders repeatedly asked the District Attorney’s Office to produce evidence that might lend credibility to their investigation or warrant termination of the officer,” Mr. Hewett said in a recent release. “I am not sure why the District Attorney’s Office failed to respond to our repeated requests for substantive information they had that lent credibility to the investigation. They’ll have to answer that question.”
Mr. Thomas said he was taken aback with Mr. Hewett’s comments.
“They have been made aware of the case,” he said. “I really wish the city manager would come look at the evidence. I would be happy to review it with him.”
Chief Sanders was on vacation for two weeks during the time of Cpl. Hobbs’ arrest. He is now back on duty, Mr. Hewett said. Contacted earlier this month, the chief said Cpl. Hobbs performance has been “monitored” since last year.
“I was aware of the officer’s activities at all times,” he said. “During that time, there was nothing displayed other than good police work.”
Leland police employed a series of “checks and balances” that ensured Cpl. Hobbs’ job “was being performed as it was supposed to be,” Chief Sanders said.
“What I knew had to remain confidential,” he said.
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Ken Little: 343-2389
ken.little@starnewsonline.com