Wiretap in Bibb corruption case includes more than 18,000 calls
Early in their corruption investigation, FBI agents struck a deal with a Bibb County deputy to listen in on his phone calls and read his text messages.
Somehow, agents decided to monitor all the calls and texts, while the prosecutor on the case thought that only communications to three other deputies suspected of wrongdoing would be recorded.
The explanation is documented in a Dec. 15 letter written by a federal prosecutor describing the miscommunication that now has three deputies’ defense attorneys preparing to sift through more than 18,000 calls and text messages that might contain information helpful to their clients’ cases.
The law requires that any information prosecutors have that might be helpful to the defense -- or that might clear an accused person of wrongdoing -- must be shared before trial.
Bibb County deputies Sgt. Arthur Howard, Jimmy Lee Denson, Decarlo C. Latimore and Jermaine Donnell Hill were arrested last year after a series of FBI stings.
Hill pleaded guilty to theft of government money and making a false statement. As part of his plea deal, he helped the FBI with the stings. His phone is the one included in the wiretap.
While on duty, Hill was caught on camera taking $1,000 from an abandoned car, and he later omitted any reference to the money in his report. He resigned in July. Denson, Howard and Latimore were fired after being charged with attempted extortion.
Latimore and Denson, in separate incidents, allegedly drove their patrol cars to arranged meeting places where they and Hill -- working with the FBI -- robbed undercover agents posing as drug dealers.
They are accused of giving the cocaine to another undercover agent, posing as a drug dealer, with the understanding they’d get a portion of the proceeds when the drugs were sold.
Howard allegedly agreed to offer undercover agents posing as a pimp and two prostitutes police protection and information on surveillance techniques.
The deputies’ cases had tentatively been considered for trial next month, but U.S. District Judge Marc Treadwell postponed the cases during a Wednesday hearing due to the volume of new evidence.
Assistant U.S. Attorney Elizabeth Howard reported to the judge and defense lawyers Wednesday about the FBI’s recent review of the files that should soon be ready for release to the defense.
During their review, FBI agents tagged Hill’s calls and labeled them.
In addition to conversations with Arthur Howard, Denson and Latimore, the calls and texts include conversations with Hill’s family, work conversations and other day-to-day talks, she said.
Forty-one calls will be submitted to the judge in a closed hearing for his review.
During the hearing, Denson’s lawyer, Donald Johstono, remarked that it will take considerable time and resources for the lawyers to sort through the calls that were recorded between January and August 2014.
“The government has taken us down this road that we don’t have any control over,” he said. “They caused this mess and we’re having to suffer through it.”
Speaking after court, Johstono characterized the “miscommunication or intentional withholding of evidence” as the “most egregious” he’s seen in 35 years in the criminal justice system.
John Fox, Latimore’s lawyer, said the FBI has worked six-day weeks since November with two-person teams working two shifts a day to review the calls.
Gregory Bushway, Howard’s lawyer, said he hasn’t received Hill’s application for employment at the sheriff’s office, a document that would include his answers to written questions.
Bushway said he also hasn’t received a copy of a video from a convenience store burglary that purportedly includes audio and images of a man whom deputies have identified as Hill.
Bushway and Johstono were appointed by the court to represent their clients. Johstono told the judge the lawyers likely would be filing motions seeking court-ordered funds or help from a public defender’s office staffer to help sift through the calls.
HOWARD’S STATEMENT
Treadwell also heard testimony Wednesday to help him determine whether a statement Howard made to the FBI was voluntary and if it can be used when his case goes to trial.
A portion of the recorded statement was played, showing Howard as he reviewed a form listing his Miranda rights, including his right to have a lawyer present for any police interview and his right to remain silent.
Handcuffed, he sat wearing what looked like the same black suit, lavender shirt and striped tie he wore to court Wednesday.
He read the form and sat silent, often looking at the floor, as FBI agent Kimberly Granich read the rights to him. She asked him to initial beside each right and sign the document before asking questions.
Granich testified she had worked with Howard and the sheriff’s office VICE unit in the past, and he seemed to be aware of the process of reading a person his rights.
She said she offered Howard a beverage and the opportunity to use the restroom, but he declined.
He never asked for a lawyer or to invoke his right to remain silent during the 23-minute interview.
Because of the new evidence yet to be reviewed by the defense lawyers, Treadwell said Bushway will have two weeks to decide if he wants to present additional evidence before a ruling is issued.
Although Howard was in the courtroom and had the right to testify, he didn’t take the stand.
Information from Telegraph archives was used in this report. To contact writer Amy Leigh Womack, call 744-4398.
This story was originally published January 14, 2015 at 12:08 PM with the headline "Wiretap in Bibb corruption case includes more than 18,000 calls ."