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*Aug. 8, 2000: Derwin
Brown defeats incumbent Sidney Dorsey in an election runoff. Brown's
surprising victory follows news reports saying Dorsey used on-duty
deputies to do private work.
*Dec. 15, 2000: Derwin Brown is shot 11 times as he walks
up his driveway after returning from a party celebrating his graduation
from the Sheriff's Academy, his wife's birthday and his inauguration as
sheriff in 3 days. No weapon is found.
*Dec 21, 2000: Derwin Brown is buried with full police honors.
*Jan. 1, 2001: Thomas E. Brown, Jr. (no relation to Derwin)
takes office as interim sheriff and fires four sheriff's officers,
including Patrick Cuffy.
*Jan. 3, 2001: Police say Brown was shot with a Tec-9, a
9mm pistol favored by drug dealers. Early January: Police search
Cuffy's house on Casey's Cove in the Ellenwood
community of South DeKalb.
*Jan. 10, 2001: Devon Edwards is arrested for lying to
investigators about Cuffy's whereabouts the night Derwin Brown was
killed.
*Jan. 19, 2001: Former sheriff's deputy Patrick Cuffy is
questioned by police while his house is searched for the first of three
times.
*Feb 16, 2001: Reward for Derwin Brown's killer reaches
$91,797.00.
*Feb. 27, 2001: Special grand jury investigating jail
corruption begins meeting.
*March 9, 2001: Police search Cuffy's house again. A special
county grand jury begins hearing testimony about corruption in
the Sheriff's Department.
*March 13, 2001: Former Deputy Melvin Walker is arrested
for lying to investigators about whereabouts the night Derwin
Brown was killed.
*March 16, 2001: Cuffy's lifelong friend David Ramsey is
charged with lying to investigators about Cuffy's whereabouts the night
Derwin Brown was killed.
*March 18, 2001: More than 50 shots are fired during a morning
shootout in the front yard of Cuffy's home in Ellenwood. The body of
Jeffery "Nigel" George, who was at the shootout, is found later at a
nearby park.
*March 20, 2001: Thomas Brown wins special election as
sheriff.
*March 22, 2001: Antonio Montez is arrested, accused of
stealing George's truck in retaliation for George's having stolen drugs
from Carl Hewitt and Cuffy.
*April 3, 2001: Police obtain arrest warrants for
German Montez and Theophilus "Tony" Williams in the March 18
shootout. Montez is charged with murder and kidnapping, Williams
with aggravated assault.
*April 3, 2001: Carl Hewitt, 23, turns himself in at the
DeKalb County Jail.
*April 12, 2001: FBI agents arrest Montez in a Los Angeles suburb.
*April 12, 2001: DeKalb's South Precinct building on Candler
Road renamed in memory of Derwin Brown.
*April 20, 2001: Harold Gallimore of Bridgeport, Conn., is
arrested on charges of giving false statements to police about the
March 18 shootout and hindering the apprehension of Montez.
*April 24, 2001: A special grand jury begins meeting to
investigate the Brown slaying.
*April 30, 2001: Police search Cuffy's house a third time.
*May 7, 2001: Police offer a $10,000 reward for the Tec-9
used in the Derwin Brown's killing.
*May 10, 2001: Jason Foster, a bounty hunter contacted by German
Montez shortly after the shootout is arrested for lying to police.
*June 6, 2001: Dedication of monument and walkway at Dekalb
County Jail.
*June 11, 2001: German Montez and Dania and Carl Hewitt are
indicted on charges in the abduction and slaying of George.
Carl Hewitt, Montez and his brother, Antonio, also are indicted on armed
robbery charges in the theft of George's truck.
*Aug. 14, 2001: DeKalb County District Attorney J. Tom
Morgan calls the Brown investigation "dead in the
water".
*Sept. 12, 2001: Cuffy charged with murder and kidnapping
stemming from the March 18 shootout, which police said was connected to
Brown's assassination.
*Sept. 13, 2001: Cuffy is indicted on charges in the abduction
and slaying of George.
*Nov. 3, 2001: Theophilus Williams, wanted for aggravated assault
in the March 18 shootout, is arrested in New York City.
*Nov. 28, 2001: Cuffy pleads guilty to reduced charges of
aggravated assault, lying to police and tampering with evidence in
connection with George's death. Murder and kidnapping charges against
him are dropped, prompting speculation by other defense lawyers that he
is cooperating with police in the Derwin Brown homicide investigation.
Judge postpones murder trial of Carl Hewitt until Feb. 4. Jury selection
set to begin for Patrick Cuffy & Carl Hewitt in connection with
March 18 shootout.
*Nov. 30, 2001: Former DeKalb County Sheriff Sidney Dorsey,
David Ramsey and Melvin Walker were arrested and charged with the murder
of Derwin Brown.
*Dec. 1, 2001: Dorsey is formally charged with Sheriff-elect
Derwin Brown's murder.
*Dec. 4, 2001: Paul Skyers lead DeKalb police to the gun
believed to have been used to kill Sheriff-elect Derwin Brown.
*Dec. 5, 2001: Group of area ministers and community
activists stage rally for Sidney Dorsey in front of DeKalb County Jail
accusing media of rushing to convict before a fair trial.
*Dec. 6, 2001: Judge denies bond for David Ramsey, one of
the men charged with Sheriff-elect Derwin Brown's murder.
*Dec. 9, 2001: District Attorney J. Tom Morgan reveals that
former DeKalb County Sheriff Sidney Dorsey had put him on a hit list.
Brown wasn't the only target. Someone wanted him dead too.
*Dec. 11, 2001: Dorsey bond hearing. Judge Edward D.
Wheeler denies bond, saying he was a risk to the community and
might intimidate witnesses or obstruct justice if he were freed.
*Dec. 15, 2001: "Derwin Brown candlelight vigil"
& introduction of the Derwin Brown Sheriff's Ranch Foundation, Inc.
held at the Dekalb County Jail.
*Dec. 17, 2001: David Ramsey and Melvin Walker officially
indicted for the murder of Sheriff-elect Derwin Brown.
*Dec. 18, 2001: Dorsey's preliminary hearing. Chief
Magistrate Warren Davis decides prosecutors have produced enough
information to hold Sidney Dorsey for possible indictment in
Sheriff-elect Derwin Brown's murder.
*Dec. 21, 2001: Dorsey lawyer Brian Steel files petition
requesting speedy trial.
*Dec. 24, 2001: Sidney Dorsey's attorneys file motion
asking for his release from jail until trial.
*Jan. 2, 2002: DeKalb County District Attorney orders
investigators to tape all future conversations involving suspects
in Derwin Brown's murder trial.
*Jan. 3, 2002: Superior Court Judge Clarence Seeliger
recuses himself from a bond appeal hearing for Dorsey because of
previous official contacts with Dorsey and his private political support
of Derwin Brown. Instead, Superior Court Judge Linda W.
Hunter presides over Sidney Dorsey's bond appeal hearing.
Expected to rule by 1/7/02.
*Jan. 4, 2002: Lawyers for the alleged triggerman in the
death of DeKalb County Sheriff-elect Derwin Brown, Melvin D. Walker,
files a request for bond hearing.
*Jan. 7, 2002: Dorsey's bond appeal is denied.
Max Richardson, attorney for Melvin Walker, files motion asking that
Morgan and lawyers in his office be removed from prosecuting case
because Morgan was among those targeted for death by former Sheriff
Sidney Dorsey.
*Jan. 8, 2002: David Ramsey & Melvin Walker plead not guilty
before Superior Court Judge Robert Mallis. Defense attorneys
request that he disqualify himself because he is scheduled to
sentence Patrick Cuffy in the March 18th shootout case. Judge
Mallis considers the defense attorneys request before proceeding
with the case against Ramsey and Walker.
*Jan. 16, 2002: Superior Court Judge Robert Mallis sets
trial date for David Ramsey and Melvin Walker for March 11, 2002.
Judge Mallis also hears arguments from Ramsey's lawyer that he should be
released on bond and from Walker's lawyer that DA Tom Morgan and lawyers
in his office should be disqualified from prosecuting the case.
DA Tom J. Morgan testifies that "We are fair and impartial"
and able to fairly prosecute the accused killers of Sheriff-elect Derwin
Brown.
*Jan. 18, 2002: Melvin Walker denied bond.
*Jan. 19, 2002: In court papers filed, DeKalb District
Attorney's office states for the first time that it's murder case
against Dorsey may include corruption charges under the state's
Racketeering Influenced and Corrupt Organizations law (RICO), alleging
that Brown's assassination was to cover up criminal acts by Dorsey.
*Jan. 23, 2002: Determination is made that Tom J Morgan and
the DeKalb County District Attorney's Office will continue prosecuting
accused killers in Sheriff-elect Derwin Brown's murder case.
*Feb. 2, 2002: A subpoena for former sheriff Sidney Dorsey to
appear before a special grand jury that is considering whether to
indict him for murdering Sheriff-elect Derwin Brown in order to cover up
corruption, is set to be served Feb. 4th. The subpoena is dated
for Feb. 19th.
*Feb. 4, 2002: Trial begins for Carl Hewitt, on murder
charges stemming from March 18th shootout.
**Feb. 13, 2002: Dekalb Superior Court jury convicts Carl
Hewitt of the March 18th slaying of alleged drug dealer Jeffery
"Nigel" George.
*Feb. 15, 2002: Carl Hewitt sentenced to life in prison plus
10 years. After pleading guilty in November to aggravated assault
in the March 18th shootout, former deputy sheriff Patrick Cuffy
withdraws his guilty plea after Hewitt's sentencing. A plea
bargain agreement is made public, that will allow Patrick Cuffy to plead
guilty only to evidence tampering (allegedly hiding one of the guns used
in incident) in George's murder. Dekalb Superior
Court Judge Robert Mallis set to rule on proposal Feb. 22nd.
*Feb. 19, 2002: Grand jury convenes to hear testimony of
witnesses accusing Sidney Dorsey of the murder of Sheriff-elect Derwin
Brown, bribery and sexual extortion. Dorsey is allowed to be present to
face his accusers (according to Georgia law).
*Feb. 21, 2002: Grand jury proceedings continue. Sidney
Dorsey is afforded the opportunity to address jurors for 3 1/2 hours in
his own defense.
*Feb. 22, 2002: A 19 count indictment is returned against
former DeKalb County Sheriff Sidney Dorsey. Indictment includes:
one murder count, nine theft counts, two bribery counts, one count of
allowing a prisoner to escape, one count of illegal use of an inmate,
three RICO counts and two counts of violation of the oath of office.
*Feb. 23, 2002: Fearing that the grand jury
deliberating Dorsey's indictment might continue into Friday, prosecutors
postpone a sentencing hearing for Patrick Cuffy in the slaying of drug
dealer Jeffery George.
*Feb. 24, 2002: John E. Floyd, a civil litigation
specialist and expert in corruption and anti-racketeering cases,
donates his time to work with Dekalb District Attorney's Office in
prosecuting former Sheriff Sidney Dorsey on a 19 count indictment
brought against him by the grand jury.
*Feb. 25, 2002: Judge Robert P. Mallis, who said he had
originally intended to sentence Cuffy to 10 years, sentences Patrick
Cuffy to 12 months in jail on tampering charge. Cuffy is given credit
for time already spent behind bars (since Sept. 12, 2001) in connection
with Jeffery George's murder. Eligible
to get two days of credit for good behavior on each day served, he could
be released as early as May 2002.
*Feb. 27, 2002: Superior Court judge Cynthia Becker
will preside over murder conspiracy trial of former Sheriff Sidney
Dorsey. Dekalb's nine other Superior Court judges signed an order
disqualifying themselves from the case, citing official contact with
Dorsey while he was sheriff.
*Feb. 28, 2002: District Attorney J. Tom Morgan decides not
to pursue the death penalty against former Sheriff Sidney Dorsey for
allegedly ordering the death of Sheriff-elect Derwin Brown. Under
Georgia law, Dorsey, Walker and Ramsey ( all charged with murder ), if
convicted on murder charge alone, would be eligible to seek parole
after 14 years.
*March 8, 2002: Judge Mallis issues gag order forbidding
witnesses, lawyers and the victim's family members from talking to the
media in regard to Walker & Ramsey's murder trial.
*March 11, 2002: Jury selection begins in Walker
& Ramsey's murder trial. As many as 19 of 75 potential jurors
were scratched because they reached conclusions about Walker's and
Ramsey's guilt or innocence.
*March 12, 2002: Jury selection continues.
*March 13, 2002: Murder trial begins for David Ramsey and
Melvin Walker in the death of DeKalb County Sheriff-elect Derwin Brown.
Testimony is heard from crime scene personnel and first officer on crime
scene. Phyllis Brown (widow) and Robert Brown (son), both at
home at the time of the murder, were also called to testify.
*March 14, 2002: DeKalb chief medical examiner Gerald T.
Gowitt gives detailed testimony, as to how wounds were inflicted, and
the impact of each bullet and its effect, eventually resulting in the
death of Sheriff-elect Derwin Brown. Patrick Cuffy begins with
examination by Tom Clegg for the prosecution. Cuffy's testimony starts
with detailed version of how plot was originated and staged.
*March 15, 2002: Patrick Cuffy's testimony continues.
Melvin Walker's attorney, Max Richardson and David Ramsey's attorney,
Xavier Dicks, cross-examine Cuffy as to his motives for turning
state's evidence. Cuffy responds by saying that because of a heavy
conscience, he has 'found God'. As to his plea bargain that
resulted in immunity from prosecution in Sheriff-elect Derwin Brown's
murder, he responds "It was available, it was offered and I took
it".
*March 15, 2002: David Ramsey's attorney, Xavier Dicks, continues
with cross examination of Patrick Cuffy.
*March 18, 2002: Xavier Dicks, defense attorney for David
Ramsey, continues cross-examination of Patrick Cuffy. Cuffy offers to
give up immunity deal on the spot, stating "if your client, David
Ramsey, and Melvin Walker will attest to everything I have said right
here and now....". Max Richardson, defense attorney for Melvin
Walker, asks for a mistrial after Cuffy demanded
that Walker admit his guilt. Richardson said, "it puts my client in
an uncomfortable position". Superior Court Judge Robert Mallis
rejects request for mistrial. Detective U.D. Rios testifies that he is
100% sure that he saw Ramsey riding in Cuffy's car while staking out his
residence.
*March 19, 2002: DeKalb police Sgt. R.L. Franklin,
testifies that four hours after the murder, he saw the sheriff's
department car driven by Cuffy, follow a circuitous route from Cuffy's
house to an area near the scene of the murder. Sgt. Franklin also stated
that a supervisor informed him by radio to call off the surveillance
just as the car exited I-285 at Glenwood Rd., the exit closest
Sheriff-elect Derwin Brown's home. (Patrick Cuffy testified
earlier that this was the point in time when he and Ramsey were
returning to the scene to look for weapon Ramsey dropped while fleeing
the murder scene).
Faith Harley, a girlfriend of Cuffy's, testifies that Cuffy visited her
5 hours after the murder, waited on her bed for a phone call, and then
left. She heard Cuffy ask the caller, "Is everything
safe?". (Cuffy testified earlier that he was waiting to hear
if Ramsey had found the gun).
Paul Skyers, admitted co-conspirator, testifies that the point of
killing Sheriff-elect Derwin Brown was to pave the way for a Dorsey
comeback in a special election for sheriff. He also states that in late
Sept. 2001, after Cuffy went to jail on another charge, that Melvin
Walker believed it was still possible for Dorsey to become sheriff
again.
*March 20, 2002: Former sheriff Sidney Dorsey is arraigned.
He pleads not guilty on 19 count indictment, including the murder of
Sheriff-elect Derwin Brown. Superior Court Judge Becker presides.
Testimony continues in Ramsey' and Walker's murder trial.
*March 21, 2002: GBI special agent Fred Mays, who was
investigating Sidney Dorsey, testifies that Shirley McMichael, a female
bail bond company owner with whom Dorsey had a sexual relationship, told
him she was concerned for Derwin Brown's safety after he defeated
Dorsey.
The state's final witnesses included Ramsey's cousin Sherleen Francis,
who testified that when she saw Derwin Brown's home on television, she
recognized it as the place Ramsey and Cuffy both drove her, supposedly
to find someone who owed Cuffy money. Prosecutors also presented
telephone records listing
numerous calls among phones owned by Walker, Cuffy, Skyers and one of
Dorsey's daughters. Prosecutors also presented a tape recording of
Skyers' Nov. 29 confession to police after being granted immunity,
showing the jury that Cuffy and Skyers did not have time to compare
notes before providing police with similar accounts of the murder.
The case against David Ramsey and Melvin Walker ends abruptly when their
defense lawyers decide not to call any witnesses. The prosecution
finishes its case approx. 2:30p.m.. Walker and Ramsey told Judge
Robert Mallis they did not wish to testify. Closing arguments are
set for the next morning.
*March 22, 2002: Prosecutors and defense attorneys give
closing arguments. Jury begins deliberating for nearly 3 hours
before breaking for the weekend. Deliberations set to continue
Monday morning (Jury consists of 9 black females, two black males and
one white male).
*March 25, 2002: The jury returned a verdict of not guilty
at 10:58 a.m. setting free defendants Melvin Walker and David Ramsey,
and raising the prospect that no one will ever serve time for the murder
of DeKalb County sheriff-elect Derwin Brown. DeKalb County district
attorney J. Tom Morgan says he takes "full responsibility" for
the outcome of the case and that he will honor the immunity deal with
Patrick Cuffy and Paul Skyers because it "would be dishonest and
immoral for a prosecutor" to do otherwise. Courtroom spectators
were stunned by the outcome. Derwin Brown's widow wept and the slain
sheriff-elect's mother, was rushed to the hospital.
*March 28, 2002: Various media outlets seek to have a
gag order lifted from the murder and racketeering case of former DeKalb
County Sheriff Sidney Dorsey. The gag order, imposed by Superior
Court Judge Cynthia J. Becker, would prohibit Dorsey, defense attorneys, prosecutors, family members,
investigators and others from commenting on the case outside of court.
The Journal-Constitution and WSB television and radio--all part of Cox
Enterprises argued that "The gag order intrudes on the public's
right to get essential information about the alleged assassination of an
elected official".
*April 1, 2002: Superior Court Judge Cynthia J. Becker
finds DeKalb County District Attorney J. Tom Morgan in "willful
contempt" of violating the previously imposed gag order. He was
reprimanded and fined $250. Morgan said he unintentionally
violated the order after the trial of two men accused of
killing Sheriff-elect Derwin Brown. Morgan told reporters then
that he thought prosecution witnesses Patrick Cuffy and Paul Skyers
testified truthfully against Melvin Walker and David Ramsey, who were
found not guilty.
*April 2, 2002: Judge Cynthia J. Becker narrows gag order,
making it apply only to attorneys, their associates, officers of the
court and potential witnesses. Family members of Derwin Brown and
Sidney Dorsey are now free to talk about Brown's killing and Dorsey's
pending trial on the murder and racketeering charges.
*April 5, 2002: Superior Court Judge Cynthia J. Becker
grants a motion for a change of venue, sought by Dorsey's lawyers
because of pretrial publicity. Judge Becker does not specify where
the trial will be held. Dorsey's trial is scheduled for June.
*April 21, 2002: After an unfamiliar black car is spotted
across the street from the home of slain Sheriff-elect Derwin Brown,
shots are fired as Phyllis Brown closes the door after letting the dog
out. DeKalb police Sgt. Tom Stewart said no shell casings were
found outside the Brown home, and there was no indication that a bullet
actually had hit the house. The Brown home was no longer under
police protection for some time.
Superior Court Judge Cynthia Becker is expected to rule on April 22nd on
where the trial will be held for former Sheriff Sidney Dorsey, accused
of ordering Sheriff-elect Derwin Brown's assassination.
*April 23, 2002: Superior Court Judge Cynthia Becker
selects Albany (southwest Georgia) as the location for the trial of
former DeKalb County Sheriff Sidney Dorsey, accused of the murder of
Sheriff-elect Derwin Brown. Becker had considered moving the trial
to Savannah, Augusta and Columbus. But those cities either didn't
have enough courtroom space or the racial demographics didn't match
DeKalb County's. The trial is scheduled to begin June 10 and is
expected to last at least five weeks. Albany, Georgia also
happens to be the hometown of DeKalb County District Attorney J. Tom
Morgan, lead prosecutor in the case.
*May 2, 2002: The attorney for Phyllis Brown said that
DeKalb County officials refuse to discuss the wrongful death lawsuit she
plans to file over the murder of her husband, Sheriff-elect Derwin
Brown. Earlier, DeKalb officials had offered to pay a one-time
death benefit of $125,000, but the Brown family refused because it would
have required them to make no further legal claims against the county.
*May 8, 2002: Official Announcement:
TO: Residents of
Dekalb County and All Citizens
WHAT: "A March For Justice"
(Sheriff-elect Derwin Brown)
WHEN: Saturday, May 18, 2002
12:00pm til 2:00pm
WHERE: Participants will park and assemble at parking deck at
the Decatur 1st Baptist Church on Clairemont Avenue and Commerce in
downtown Decatur. We will march to and rally on the Dekalb County
Courthouse steps (new building).
(The parking deck is available for participants to park. However, the
Decatur 1st Baptist Church will not be responsible for theft or any
damage incurred on their properties. Attendees will not have
access to the church
facilities.)
LET OUR VOICES BE HEARD!!!
Call (678) 495-6025 for more information.
*May 23, 2002: Lawyers prosecuting and defending Sidney
Dorsey on murder and racketeering charges begin three days of hearings,
with Superior Court Judge Cynthia Becker presiding. She will rule on
more than 30 motions filed by Dorsey's lawyers. Among other
things, they will be asking to have DeKalb County District Attorney J.
Tom Morgan disqualified from prosecuting the case because he was a
political supporter of Brown's during the election; to have the state's
star witness, Patrick Cuffy, declared incompetent; to suppress a
tape recording of a conversation between Dorsey and a bondswoman who
claims he extorted money and sex from her and to have all 19 counts
against Dorsey tossed out on a variety of grounds.
Steven Leibel, the lawyer representing the widow of DeKalb Sheriff-elect
Derwin Brown, called on Governor Roy Barnes to reverse a decision by a
panel he chairs to deny benefits to the slain lawman. The Georgia
State Indemnification Commission, a panel comprising state officials
including the governor, approves $75,000 payments to the family members
of law enforcement officers killed in the line of duty. The
commission voted to deny benefits to Brown's family, stating in a letter
that the elected sheriff had not yet been sworn in when he was killed
Dec. 15, 2000, and was no longer a police captain because he had
resigned the post. (see Message Board Page for more info. on the
Sheriff-elect's forced resignation)
*May 28, 2002: Sidney Dorsey, accused of murdering
Sheriff-elect Derwin Brown to cover up corruption in his office, will
not be tried on a charge that he illegally gave a convicted rapist an
early release from jail. Prosecutors told Superior Court Judge
Cynthia Becker that they determined the premature 1998 release of
Vanando Smith resulted from a communication error and not "criminal
intent" on Dorsey's part. Smith was released in early 1998,
several months prior to completion of his sentence and without approval
by the Board of Pardons and Paroles.
*June 4, 2002: The former DeKalb County sheriff's deputy,
Patrick Cuffy, who traded information about the slaying of DeKalb
Sheriff-elect Derwin Brown to avoid two murder charges will not get out
of jail early. Cuffy, serving a one-year sentence for tampering
with evidence after the shootout on March 18, 2001, that left one man
dead, could have been released today for "good behavior".
Instead, Cuffy will be released Sept. 2nd. Cuffy, who said he
organized the Brown killing, was never charged in the case and was
granted immunity in exchange for his testimony.
*June 6, 2002: Superior Court Judge Cynthia J. Becker sets
ground rules for Dorsey trial coverage. Noting that she has an
obligation to protect Dorsey's right to a fair trial, Becker threatened
to jail reporters who try to talk to potential jurors in the
high-profile case. She also asked them not to identify jurors
until after the trial and said anyone causing courtroom disruptions
would be ejected and barred from the trial. Becker also said that
an order barring Dorsey, defense attorneys, prosecutors, family members,
investigators and others from commenting on the case outside of court
remains in effect.
DORSEY, SIDNEY CLARENCE (In Jail)
CHARGES:
1 F 16-5-1-MURDER-/FEL/-
15-DEC-00
--- 2 16-14-4-RICO
ACT/RACKET/CORRUPT ORG
01-JAN-97
--- 3 16-14-4-RICO
ACT/RACKET/CORRUPT ORG
01-JAN-97
--- 4 16-14-4-RICO
ACT/RACKET/CORRUPT ORG
01-JAN-97
--- 5 16-10-2-BRIBERY-OF/BY GOVT
OFFICIALS
01-MAR-98
--- 6 16-10-2-BRIBERY-OF/BY GOVT
OFFICIALS
01-MAR-98
--- 7 16-10-1-VIO OATH BY PUBLIC
OFFICER
01-MAR-98
--- 8 16-10-1-VIO OATH BY PUBLIC
OFFICER
25-NOV-97
--- 9 16-10-53-ESCAPE - AIDING/AID
& ABET
25-NOV-97
--- 10 42-1-5-USE OF INMATE FOR
PRIVATE GAIN
29-APR-00
--- 11 16-8-2-THEFT BY TAKING
01-MAY-98
--- 12 16-8-2-THEFT BY TAKING
01-JAN-97
--- 13 16-8-2-THEFT BY TAKING
01-JAN-97
--- 14 16-8-2-THEFT BY TAKING
01-JAN-97
--- 15 16-8-2-THEFT BY TAKING
01-JAN-97
--- 16 16-8-2-THEFT BY TAKING
01-JAN-97
--- 17 16-8-2-THEFT BY TAKING
01-JAN-97
--- 18 16-8-2-THEFT BY TAKING
01-JAN-97
--- 19 16-8-2-THEFT BY TAKING
01-JAN-98
*June 10, 2002: Jury selection begins in Albany, where the
trial was moved by presiding DeKalb County Superior Court Judge Cynthia
J. Becker because of pre-trial publicity. Attorney for Dorsey, Brian
Steel, asks most of the questions for the defense. Dougherty
County District Attorney Kenneth Hodges handles most of the juror
questioning for the prosecution. One surprise was a decision by DeKalb
D.A. J. Tom Morgan to drop an indictment count involving allegations
that Dorsey used DeKalb inmates to renovate homes in the district
represented by his wife, Sherry, while she was an Atlanta City Council
member. The decision, however, will not prevent the charges from being
refiled separately. By day's end, lawyers approved only 8 of the 50
jurors they wanted as a preliminary pool. 12 jurors and 4 alternates
will be selected from that pool.
*June 12, 2002: Eight potential jurors are given
preliminary approval.
A spokeswoman for Gov. Roy Barnes said that Barnes would urge a state
board to reconsider awarding $75,000 in benefits to Phyllis Brown and
her children. The Georgia State Indemnification Commission decided
in March that Sheriff-elect Derwin Brown (a 23 year veteran with DeKalb
County law enforcement) wasn't technically a sworn officer when
he was assassinated Dec. 15, 2000 because he had resigned (see "My
Son's Forced Resignation" on website Message Board) his DeKalb
police captain's post and was three days shy of being sworn in as
sheriff. Spokeswoman Joselyn Baker said that the governor was told
by Attorney General Thurbert Baker that he could call for a revote.
*June 14, 2002: Jury selection is completed by noon at the
Dougherty County Courthouse. Seven black women, four white women and one
black man will determine the guilt or innocence of former sheriff Sidney
Dorsey. The trial is expected to last five more weeks.
*June 15, 2002: The $9,148 for transportation, room and
board during the anticipated five-week trial in Albany of Sidney Dorsey
will be paid by the Crime Victims' Compensation Program, which is
controlled by the state Criminal Justice Coordinating Council. District
Attorney J. Tom Morgan, who is leading the prosecution team in the
Dorsey trial, said he asked the state agency for money for the Brown
family after getting an uncertain reaction from the DeKalb County
Commission. "We approached the county and the county had
reservations about paying for it, so we looked for funds from other
sources," Morgan said.
*June 17, 2002: Opening arguments begin. For one hour
and ten minutes, Dougherty County DA Ken Hodges IIII methodically lays
out the racketeering charges against Dorsey. While making no
personal appeals, Hodges told the jury that Dorsey had Brown killed in
order to recover his job. Brian Steel, attorney for the defense,
finished his 75-minute opening statement by the end of the morning,
stating that the Atlanta homicide detective might have used bad
judgement at times but never had anything to hide.
Gerald Gowitt, the DeKalb medical examiner, testifies that at least 16
bullets were fired at Brown and that 12 hit him. DeKalb Sheriff
Tom Brown, testifies for just under two hours about how he runs the
sheriff's office, which operates the county jail.
*June 18, 2002: Prosecutors first call Fred Mays, special
agent for the Georgia Bureau of Investigation, to the stand. Mays
had led the investigation into Dorsey's alleged misdealings at the
DeKalb jail. In his and Dorsey's recorded conversation, Dorsey
referred to Derwin Brown as the lowest form of scum bag he had ever
seen, Mays said. Under oath, Mays also said he convinced Shirley
McMichael, who owned a bond company, to wear a bug while having lunch
with Dorsey. (McMichael previously testified in a related trial that
Dorsey extorted money and sex from her in return for her bond company
receiving preferential dealings with the DeKalb jail and is expected
testify in this trial that Dorsey wrote 'are you wired?' on a napkin).
The luncheon took place after Dorsey lost the election.
Major Tony Scipio, of the DeKalb County Jail, took the stand shortly
before noon. In his testimony, Scipio recalled how he was
responsible for taking Dorsey's children back and forth from school
everyday in 1997 and providing lunch for Dorsey's son, then 6 years old.
Scipio testified that he did this for two years.
*June 19, 2002: Bond company owner Shirley McMichael
details to jurors how Dorsey made his first sexual advances toward her.
She said she saved her underwear from the encounter in a safe at her
bonding company for four years
and later handed it over to the Georgia Bureau of Investigation after
they began looking into corruption allegations against Dorsey.
McMichael told DA Morgan that she continued the affair with Dorsey
because she feared for her livelihood and not being able to support her
family.
*June 20, 2002: DeKalb County bond company owner, Shirley
McMichael testifies that Sidney Dorsey extorted cash and sex from
her. She also stated that she gave a stack of internal documents she
took from Sheriff Sidney Dorsey's desk to Sheriff-elect Derwin Brown
shortly before his assassination
and told Brown of her long-standing sexual relationship with Dorsey.
In later testimony she said that Dorsey indicated Sheriff-elect Derwin
Brown would not occupy the office he had won from Dorsey that August.
"He said, 'Derwin will not be there," McMichael said. As
Dorsey said that, he made a gun with his hand and pointed his index finger at his temple, she said.
"He gave me the impression, like, 'Boom. I'm going to kill
him.'" During that same conversation , Dorsey predicted a special
election would be called in January 2001 and that he would run as a
write-in candidate, she said.
Benjamin Warren, the nephew of DeKalb County bond company owner
Shirley McMichael said she showed him a bed loaded with cash just before
Christmas 1999 that he believes was payoff money for former DeKalb
Sheriff Sidney Dorsey. Dorsey had come to the house that evening
and left carrying a brown
paper bag. "I don't know if he had it, but it was about the
right size and the money was gone after he left," Warren testified.
Deputy Gil D. Hill, Lt. Mark Alonzo Howard and Sgt. Wayne R. Fitch
testified they picked up Dorsey's children from school. Hill said
he drove Dorsey's wife to Durham, N.C., in Dorsey's Lexus. Fitch,
Dorsey's administrative assistant, said he drove Dorsey's daughters to
colleges in Chattanooga and Statesboro and once drove the family to
Disney World.
Fleet manager Noah Heimlich testified he was sent to Chattanooga when
Dorsey's daughter locked her keys in a Chevy Blazer and another time to
repair the truck. He also testified that he was sent to Moultrie
to pick up a go-kart as a Christmas gift for Dorsey's younger son, and
that during Thanksgiving 1998, he drove Dorsey and his wife to New York
in a county-owned
GMC Suburban.
*June 24, 2002: The widow of slain Sheriff-elect Derwin
Brown will receive the $75,000 death benefit for police officers killed
in the line of duty. The Georgia State Indemnification Commission,
which previously refused to give the family a death benefit, reversed
its decision at the State Capitol Monday.
Saresa Beasley-Simmons told jurors that she got a cushy job in the
sheriff's department and gifts in exchange for having consensual sex
with Dorsey. Beasley-Simmons testified that when she tried to break
off the affair 3 months after it started, Dorsey told her, "That is
wasn't over until he said it was and that I must not know who he
was." She also testified that Dorsey had on-duty jail
employees pick her children up at school and had a jail attorney provide
legal services for a domestic dispute, bankruptcy, and for a speeding
ticket.
Corruption testimony ends early in the day. Prosecutors begin
their case into the murder charges against Dorsey. Derwin Brown's
21 year old son, Robert Brown, testifies about seeing his father walking
up the driveway to their home the night of December 15, 2000 and hearing
what he thought were
firecrackers.
*June 25, 2002: 73 year old Clarence Mosely, who operated
Sheriff Dorsey's Seniors Victimization Program at the jail and was
considered a close friend of Sidney Dorsey, told jurors that only weeks
after Dorsey lost the runoff election to Derwin Brown, he went to
Dorsey''s office to "boost him up" and talk to him about his
future. Mosely stated, "He (Dorsey) made the statement, words
to the effect, that Derwin Brown would never assume the
office of sheriff, that there would be a special election, first there
would be an interim sheriff appointed. There would be a special
election he would enter the race and he would win,". Mosely said he
told no one of Dorsey's threats against Brown until after the
sherriff-elect was murdered. He eventually decided to go to police
because it was what he called a 'moral decision.'
Fired deputy Patrick Cuffy testifies that Sidney Dorsey gave him a note
asking him to kill Sheriff-elect Derwin Brown. Cuffy also said
Melvin D.Walker, David Ramsey, and Paul Skyers acted as accomplices in
Brown's Dec.15, 2000 murder. He testified that the four men laid
in wait after stalking Brown and finally found a chance to kill him when
he returned home from a celebration on December 15th. Walker &
Ramsey, acquitted in the earlier trial in April, announced they would
take the Fifth Amendment if called to the stand in Dorsey's trial.
*June 26, 2002: Fired DeKalb County deputy Patrick Cuffy is
cross-examined by the defense attorneys for Dorsey. Cuffy, who laid out
the plot to kill DeKalb Sheriff-elect Derwin Brown in his testimony on
Tuesday, testifies that he never actually saw Melvin Walker pull the
trigger but he heard the pops and knew where Walker was positioned.
*June 27, 2002: Cross-examination continues with Patrick Cuffy. Kerry
Harris, a chaplain for the Atlanta and Fulton police departments and who
worked as a school resource officer at the time, testified that he
stopped alleged accomplices Patrick Cuffy, Melvin Walker and David
Ramsey in a car on Sept. 23, 2000, while they were doing surveillance of
Sheriff-elect Derwin Brown. DeKalb police officer J.P. Hughes reads a
statement from Melvin Walker stating that he worked at the DeKalb
Sheriff's Office for four years and knew Dorsey before he became
sheriff. Officer Hughes also said testified that Walker placed himself
at Cuff's house on the night of the murder. During questioning by DeKalb
District Attorney J. Tom Morgan, Hughes answered yes when asked if Mr.
Walker, Ramsey and Skyers were also present.
DeKalb Det. D.J. Kozarich places Walker at Cuffy's home on the night of
Brown's murder, according to an interview he had with Ramsey. Co-conspirator,
Paul Skyers, who was offered immunity from prosecution for his testimony
and worked in Dorsey's private security firm, tells jurors that he went
to Cuffy's house about two weeks after Dorsey lost the runoff election
to Derwin Brown. He said Cuffy was there with David Ramsey, an
alleged co-conspirator acquitted in the case last April.
"Cuffy came out with a note and on the note was, 'Kill Derwin
Brown.' I looked at Ramsey. I Iooked at Patrick Cuffy.
'Who'd that come from?' He said, 'The man,'" Skyers said,
referring to Dorsey. Skyers also testified that shortly after
Derwin Brown's death, Dorsey gave him $1000 in cash. He said the
money was a loan to pay a car note that had come due. When
questioned about his motive to participate, Skyers testified, "If
Sidney Dorsey stayed in office, I would get my civilian position with
the DeKalb County Sheriff's Department.".
*June 28, 2002: Bernadette Davy, a GBI firearms expert
testified that parts of a weapon recovered after the murder could have
been parts of the murder weapon. Davy said she examined parts of a Tec-9
that were given to her by investigators after Paul Skyers led them to
the parts. "I found that based on microscopic comparison of
test cartridge casings, with evidence cartridge
casings submitted in the year 2000, that there were enough matching
individual characteristics to say that the cartridge casings were
probably fired from a gun that held these particular parts," Davy
testified. (No barrel has ever been recovered.)
Testimony ends early afternoon.
*July 1, 2002: Phyllis Brown, widow of Sheriff-elect Derwin
Brown tearfully describes the night of the attack, telling jurors about
hearing gunfire while waiting for her husband to return home on the
night of Dec.15, 2000. She said that she first thought the
gunshots came from a neighbor's house. Then,
she spotted her husband laying on their driveway. Phyllis Brown
said she had called 911 to report the sound of gunshots and was still on
the phone. "I told them Captain Brown has been shot..... I
didn't hear any sirens, I'm like, 'OK, the Sheriff-elect of DeKalb
County has been shot 'Finally, they came." When asked if she
ever heard from Sidney Dorsey after her husband was murdered, she
answered, "I never heard from Sidney at all." The
defense did not cross-examine Phyllis Brown. The prosecution rests
its case at 1:10pm. Judge C.J. Becker releases the jury for the day and
instructs the panel to return Monday, July 8, for closing arguments.
*July 8, 2002: Closing arguments start for both sides,
beginning with John Petrie, and J.Tom Morgan for the prosecution and
followed by Brian Steele for the defense. Closing arguments
completed, Judge Becker instructs jurors (11women, 1 man) and they begin
deliberations mid afternoon.
*July 9, 2002: Jurors continue to deliberate.
*July 10, 2002: At 11:45 am, jurors inform Judge Becker
that they have made a decision on counts 2 through 15 but are still
deadlocked 10-2 on count 1 (murder) after voting 3 times. Judge
Becker instructs jurors to continue deliberating. At 1:30 pm
another vote: 11-1 to convict. At 2:54 pm, the jury walks in
with its verdict. The following verdict is read aloud by DA J.Tom
Morgan:
Count 1 Murder of Derwin Brown by being a party to the
crime.
GUILTY
Count 2 Racketeering.
GUILTY
Count 3 Racketeering.
GUILTY
Count 4 Bribery.
NOT GUILTY
Count 5 Bribery.
NOT GUILTY
Count 6 Violation of oath by a public officer.
GUILTY
Count 7 Theft by taking (using employees to work for
his private security firm).
GUILTY
Count 8 Theft by taking (using employees as drivers
and to run personal errands).
GUILTY
Count 9 Theft by taking (using employees to transport
a daughter and her vehicle from Tennessee).
GUILTY
Count 10 Theft by taking (using employees to repair personal
vehicles).
GUILTY
Count 11 Theft by taking (using employees to unlock a
daughter's car in Tennessee).
GUILTY
Count 12 Theft by taking (using employees to drive a family
on vacation to Florida).
GUILTY
Count 13 Theft by taking (using employees to pick up go-kart
for a son's birthday present).
GUILTY
Count 14 Theft by taking (ordering employees to perform
legal work for him and woman with whom he had a sexual relationship).
GUILTY
Count 15 Theft by taking (using employees to perform
election campaign work).
NOT GUILTY
Sidney Dorsey is transferred to an undisclosed jail in Metro Atlanta
to await sentencing. Sentencing is scheduled to occur in DeKalb
County within two week's time.
**Note: Four of the original 19 counts had been dropped in
pretrial hearings before trial began.
*July 11, 2002: In a statement to 11 Alive news, U.S.
Attorney William Duffey says, "We are open to evaluating any
request for federal review of matters involving those involved in the
murder of Derwin Brown."
*August 15, 2002: DeKalb Superior Court Judge Cynthia
Becker sentences Sidney Dorsey to life in prison for the murder of
Derwin Brown and an additional 23 years for theft, racketeering and
abusing his power when he ran the DeKalb County sheriff's office as a
personal fiefdom. One of Brown's sons, Marlon, testified, "My
father was murdered in hopes of concealing wrongdoings, but in doing so
they only validated that DeKalb County is corrupt". (see
TESTIMONY AT SENTENCING page to view testimony of Burvena Brown, mother
and Ron Brown, brother)
The sentence breaks down as follows:
Count 1 Murder of Derwin Brown by being a party to the
crime.
GUILTY - Life
Count 2 Racketeering.
GUILTY - 15yrs (to run consecutively)
Count 3 Racketeering.
GUILTY - 20 yrs (to run concurrently)
Count 4 Bribery.
NOT GUILTY
Count 5 Bribery.
NOT GUILTY
Count 6 Violation of oath by a public officer.
GUILTY - 3 yrs (consecutive)
Count 7 Theft by taking (using employees to work for
his private security firm).
GUILTY- 15 yrs (to run concurrently)
Count 8 Theft by taking (using employees as drivers
and to run personal errands).
GUILTY - 10 yrs (to run concurrent with count 1 & 2)
Count 9 Theft by taking (using employees to transport
a daughter and her vehicle from Tennessee).
GUILTY - 10 yrs (to run concurrent with count 1 & 2)
Count 10 Theft by taking (using employees to repair personal
vehicles).
GUILTY - 10 yrs (to run concurrent with count 1 & 2)
Count 11 Theft by taking (using employees to unlock a
daughter's car in Tennessee).
GUILTY - 10 yrs (to run concurrent with count 1 & 2)
Count 12 Theft by taking (using employees to drive a family
on vacation to Florida).
GUILTY - 10 yrs (to run concurrent with count 1 & 2)
Count 13 Theft by taking (using employees to pick up go-kart
for a son's birthday present).
GUILTY - 10 yrs (to run concurrent with count 1 & 2)
Count 14 Theft by taking (ordering employees to perform
legal work for him and woman with whom he had a sexual relationship).
GUILTY- 10 yrs (to run concurrent with count 1 &
2)
Count 15 Theft by taking (using employees to perform
election campaign work).
NOT GUILTY
*August 20, 2002: Dania Hewitt, 26 pleaded guilty to two
counts of aggravated assault. Hewitt was sentenced to 10 years in
prison in the shooting that led to the death of purported drug dealer
Jeffery "Nigel" George on March 18, 2001. Hewitt will be
eligible for parole in 2009. Investigation of the shootout, which
occurred three months after Sheriff-elect Derwin Brown's murder,
eventually led to arrests in the Brown case.
*Sept. 2, 2002: Former DeKalb Sheriff's Deputy Patrick
Cuffy, an admitted conspirator in the assassination of DeKalb County
Sheriff-elect Derwin Brown, walked from jail at 12:03 a.m. today a free
man. Patrick Cuffy was the only man among four alleged to be at
the scene of Brown's death, to serve time. Charged as an
accomplice in the March 18, 2001 slaying of an alleged drug dealer,
Cuffy agreed to plead guilty to a lesser charge of aggravated assault --
among other charges and granted immunity in exchange for his testimony
implicating Dorsey as the mastermind of Derwin Brown's murder. He
received a one-year sentence for tampering with evidence at the crime
scene. DeKalb County District Attorney J. Tom Morgan said that
regardless of what Cuffy decides to do, Cuffy must give his office two
names of people who can find him if he is needed again in the future.
*Sept. 17, 2002: Report of Special Grand Jury Investigation of Former DeKalb County Sheriff Sidney Dorsey is as follows:
Introduction
The Special Grand Jury was impaneled under the supervision of the Honorable Michael E. Hancock on February 27, 2001 to investigate former DeKalb County Sheriff Sidney Dorsey's alleged violations of Georgia law. Additionally, the Grand Jury was asked to investigate the conditions and operations of the DeKalb County Jail, including employees of the jail and those doing business with the jail. The Grand Jury began hearing testimony on March 9, 2001 and heard more than 150 witnesses in the course of the investigation. The following report is supported by this testimony.
Sidney Dorsey, during his tenure as Sheriff of DeKalb County between January 1, 1997 and December 31, 2000, abused the power of his position for personal and financial gain. The Grand Jury found numerous examples throughout their investigation of Dorsey's abuse of power. It was found that Dorsey operated the Sheriff's Department in a corrupt manner. Dorsey took advantage of the opportunities presented by his office to steal from the citizens of DeKalb County by using county employees for personal and business gain. The repeated misuse by Dorsey of county employees often depleted the ranks of employees available to perform their legitimate duties for the County. Dorsey destroyed the chain of command by making numerous problem employees "direct reports", relieving these favored employees of the responsibilities they were hired for. There was a pattern of improper hiring practices and preferential treatment to a bonding company headed by a woman with whom he had a long-standing sexual relationship. The many infractions listed above, as well as others, were carried out with the intention of securing personal, political, and financial gain and also to obtain sexual favors.
Georgia Code 15-16-10 outlines the duties of the county sheriff, which include: the execution of process and orders of the court; attendance of the proceedings of Superior and Probate Court; preservation of order in polling sites; publication of all sheriff's office proceedings; maintenance of execution docket; record of sales of the court; execution of writs or processes of the preceding sheriff and maintenance of the county jail.
The DeKalb County Sheriff's Department maintains the DeKalb County Jail, which holds more than 3,000 inmates. Additionally, the department is responsible for courthouse security, serving arrest warrants, serving orders of the court and apprehending fugitives.
The sheriff is a constitutional officer. He is elected by the citizens of DeKalb County and answers only to his constituency. Currently, the DeKalb County Sheriff's Department has more than 700 employees and a budget in excess of $51 million.
This report focuses on the DeKalb County Sheriff's Office as it was operated under Sidney Dorsey, and not on the administration of Sheriff Thomas Brown, who has, according to evidence presented to this grand jury, addressed many of the conerns outlined in this report.
Bribery and Extortion
Sidney Dorsey was elected sheriff in 1996. In early 1997, Shirley McMichael opened Speedy Bonding Company. McMichael testified that once she had established her bonding company, Sheriff Dorsey demanded a meeting with her and ordered her to bring him between $3,000 and $5,000 in cash. Over the next several months, Sheriff Dorsey continued to demand payments from McMichael and went to her house on several occasions to pick up money. According to McMichael, the sheriff told her that she had to pay him in order to keep her business, and that "everybody does it." McMichael estimates that she gave Sheriff Dorsey more than $30,000 in cash over four years. McMichael stated that she was afraid she would lose her busines if she did not continue to pay the sheriff.
In addition to giving Sheriff Dorsey money, McMichael testified that she was coerced into a sexual relationship with him. The first sexual encounter occurred when McMichael met Sheriff Dorsey at a restaurant, as he had requested. According to McMichael, the sheriff then drove her to a vacant house, where the two had sex. (McMichael contends that this was rape.) A friend of McMichael's, Major Everett, followed her to the restaurant at her request and testified that he saw the sheriff meet her there. McMichael said that the sexual encounters continued over the next three years. She stated that she was afraid not to consent due to the risk to her safety, her children's safety, and her business.
The Grand Jury heard testimony that established that a disproportionately high number of bonds were issued to Speedy Bonding during the Dorsey administration. The county fugitive squad was personally directed by the sheriff to pursue bounties for Speedy Bonding Company. These allegations are supported by a number of Sheriff's Department employees as well as employees of other bonding companies. In addition, McMichael received a county issued Deputy Sheriff badge from the sheriff, though she has never been employed by the Sheriff's Department nor is she trained as a deputy sheriff.
The Grand Jury feels strongly that laws pertaining to bribery and extortion by a public official must be enforced, regardless of the magnitude of the offenses or the office held by the official. This serves not only to reinforce the public trust, but also to deter future bad conduct on the part of the officials. Based on the allegations outlined above, Dorsey should be held fully accountable and prosecuted to the fullest extent of the law.
Bonding Companies
In Georgia, bonding companies are licensed and terminated solely at the discretion of the sheriff. This is a system that could lead to numerous potential abuses, including bribery, extortion and preferential treatment.
A party interested in becoming a licensed bonding company must meet minimum requirements, which are determined by the sheriff. Under Sheriff Dorsey, bonding companies had to be able to provide $150,000 in collateral, which could be divided between cash, which had to comprise at least a third of the collateral, and property, which could make up two-thirds.
Bonding companies provide services for people who are unable to post bail after being arrested. The bonding company collects ten to fifteen percent of the bail amount in either cash or collateral from the client upon that person's release.
Testimony established that some jail employees received cash incentives ("kickbacks") from some bonding companies for referring these companies to potential clients.
The Grand Jury also found that preferential treatment was granted to bonding companies that had given money and favors to Sheriff Dorsey. In return for these bribes, Sheriff Dorsey would order the county's fugitive squad to apprehend misdemeanor offenders to secure the company's bond. Certain bonding companies had full access to the fugitive squad, and used the squad as their own personal bounty hunters.
Though Dorsey was acquitted of bribery at his criminal trial, it was clear that he and Shirley McMichael of Speedy Bonding had a close personal relationship. Due to this relationship, the DeKalb County Fugitive Squad was ordered by the Sheriff to provide Ms. McMichael and her bonding company preferential treatment in retrieving fugitives. The fact that under Georgia Law the sheriff has the discretion to grant or deny the ability to run a bonding company, is a situation that is rife with possibility for corruption.
In light of this information, the Special Grand Jury has a number of recommendations.
The Grand Jury recommends that an independent review committee be established for selection of bonding companies. This committee should be comprised of representatives from the county attorney's office, financial department, and the sheriff's office. This will ensure the selection process is fair to all parties and will prevent favoritism.
Further, the Grand Jury recommends that all bonding companies meet the minimum requirements for collateral equally, with documented collateral and accurate financial records. This will promote fairness in selection as well as ensure the bonding companies can follow through on their financial obligations to the county.
The Grand Jury also recommends that bonding companies be required to adhere to standard accounting procedures and be audited yearly by an outside reviewer. The yearly audit would ensure the bonding companies continue to satisfy the collateral requirements as well as check for improprieties concerning receipt and return of cash and property used to secure bonds.
The Grand Jury recommends that more bonding companies be authorized to conduct business in DeKalb County. Free enterprise creates better services and could lead to fewer abuses, improprieties, kickbacks, and preferential treatment.
Additionally, the Grand Jury recommends that the bond of forfeiture documentation system be updated and automated. An automated system could provide monthly statements to the bonding companies, notifying them of any outstanding balance due to the county. If an outstanding balance is carried beyond a specified amount of time, the bonding company's license should be revoked.
The Grand Jury also recommends that any employee of the DeKalb Sheriff's Department who refers a specific bonding company to a potential client or his family, or who receives monetary compensation for this referral, should be terminated from his or her job. This is a violation of Georgia law and should be strictly enforced.
Finally, the Grand Jury recommends that the county fugitive squad be utilized only in cases where there is a legitimate law enforcement or public safety concern, not to benefit a bonding company.
Cash Closet
The "cash closet" is a locked closet inside the accounting office at the DeKalb County Jail. The money for the inmates' commissary fund was kept in a locked box inside the closet. Witnesses testified that, at times, more than $300,000 was in the closet. A number of staff members had access to this area. The Grand Jury heard testimony that few records were maintained concerning the cash. Index cards were used to post deposits and debits against inmates' accounts, however, this type of record keeping was inadequate and led to a number of mistakes. Some staff members "borrowed" money for personal use from these accounts. Money from this fund was deposited in the bank only once a week. The result of poor record keeping was a $35,000.00 shortage in the fund.
The Grand Jury recommends that accurate accounting of each detainee's property and transactions must be recorded. Upon release a full accounting should be available with any money deposited returned appropriately and in a timely fashion. To facilitate an accurate recording system, the Grand Jury recommends that an independent auditor perform yearly audits and that the current system should be reassessed and updated based on the auditor's findings. Further, access to the accounting office and cash closet should be extremely limited, with only a carefully screened few given full access.
Furloughs
For the purposes of this presentment, the Special Grand Jury defined a furlough as the temporary release of an inmate from jail for a personal matter.
Testimony established that only the sheriff has discretion over granting furloughs to county prisoners. During Sheriff Dorsey's tenure, felons with various criminal convictions, including violent crimes, were furloughed. On many occasions, these were unsupervised releases into the community for several days. These furloughs were granted by the express permission of Sheriff Dorsey.
One of the more egregious examples of this was the release of a state prisoner, Vanando Cortez-Smith, who was convicted of aggravated assault with intent to rape. As a teenager, Smith worked for Dorsey's security company, SID, and Smith's mother, a friend of Dorsey's was a loan officer at the credit union to which Dorsey belonged. In May of 1997, DeKalb County deputies transported Smith from Awtry State Prison to DeKalb County to visit his sick grandmother. Smith was allowed to stay at his mother's home for a period of two to three days with no guards or supervision. In September, 1997, county deputies returned Smith to the DeKalb County Jail to serve the remainder of his state sentence. Sheriff Dorsey released him in November 1997, five months prior to the release date for Smith as set by the state.
The Grand Jury recommended that guidelines be implemented to prevent indiscriminate release of prisoners. Furloughs should apply only to those serving time for misdemeanors and non-violent crimes. Release should be for a specific cause, such as a family funeral, and the inmate should remain under guarded supervision until promptly returned to the jail. In addition, state prisoners should not be released to serve state time in the county jail at the county's expense.
Trustee Program
A trustee is a jail inmate who has been convicted of a misdemeanor or non-violent crime and who has earned the privilege to perform certain duties within the jail system, including laundry, kitchen work, building maintenance, and gardening. Trustees work under less supervision than other inmates do and enjoy more privileges.
The Grand Jury heard testimony that Vanando Cortez-Smith was arrested for aggravated assault with intent to rape in April 1996 and was incarcerated in the DeKalb County Jail. He was convicted in October 1996. In July 1996, he was made a trustee in violation of DeKalb County Jail policy, which holds that to be considered for trustee status, an inmate cannot be awaiting disposition of their case. Inmates convicted of violent crimes are also prohibited from acting as trustees.
Further, the Grand Jury heard testimony that Curtis James Kelly, the stepson of a civilian employee, Eddie Godfrey, was transferred from the Gwinnet County Jail to DeKalb County Jail. Kelly testified that the day he arrived at DeKalb, he was made a trustee and given numerous privileges. Kelly was placed in various positions, including the motor pool and the Life Skills carpentry shop (which was overseen by Godfrey). He was allowed to leave the jail on many occasions. Godfrey testified that he took trustee inmates, including his stepson, to a local building supply store as well as to his home for lunch.
The Grand Jury also heard testimony from Smith that Dorsey had him brought to his office at 2a.m. one morning to clean the bathroom and office. He said he spent approximately thirty minutes cleaning the office and then remained unsupervised for about two hours, spending the time eating and watching television.
Additionally, the Grand Jury heard testimony that inmates were taken to perform home improvements and yard maintenance on private property as part of "Operation Facelift", a program initiated by Dorsey's wife Sherry, a member of the Atlanta City Council. The inmates worked on houses within DeKalb County whose owners were political supporters of Sherry Dorsey. The houses seem to have been chosen on the basis of political favoritism and not on any kind of economic or need-based criteria.
For example, a friend of the Dorseys owns one house that was worked on by inmates. The owner rents this property to a woman who is also a supporter of Sherrry Dorsey.
The inmates chosen to work on these houses were not carefully screened prior to being selected; this resulted in inmates with felony convictions being sent out into the community with minimal supervision. Of the 37 inmates who were selected to participate, thirty had felony convictions. These inmates were inadequately and improperly guarded at the work sites, with only two or three guards for nearly thirty inmates, creating a potentially dangerous situation.
The potential liability to the county and homeowners could have been astronomical had an inmate been hurt or had the inmate engaged in improper conduct. Any liability incurred would have been paid by DeKalb County taxpayers.
The Grand Jury, after hearing testimony on furloughs and the trustee program, believes there should be express guidelines in place that detail which inmates are eligible for the trustee and Life Skills programs, what tasks these inmates can be assigned, and rules regarding sending inmates out in the community. Additionally, there should be a clear policy for dealing with employees who disregard these rules. Any sheriff department employee who puts the community at risk should face the harshest penalties in an effort to deter any such action.
Political Campaigning on County Time
The Grand Jury heard testimony that on numerous occasions during Dorsey's tenure as sheriff, county employees were used to solicit campaign funds during work hours, while being paid by the county.
A number of bonding company owners testified that they received solicitation calls from county employees during regular business hours requesting political contributions. Several sheriff department employees admitted to making these calls while on county time, including Lt. Roy Baker and Saresa Beasley-Simmons. In addition to soliciting campaign contributions by telephone, Lt. Baker actually handled the contributions sent to the jail, which in turn were sent to Dorsey's personal accountant. Lt. Baker was also directed to plan Dorsey's birthday parties, benefit golf tournaments and other fund raising events. According to Beasley-Simmons, Dorsey personally gave her a list of potential contributors to call, and he was aware that she was making these calls on county time.
Campaigning on county time and using county employees to solicit campaign funds is against the law. We recommend that existing laws relating to campaign solicitation be strictly enforced and that penalties are levied against the offending individuals.
Misuse and Abuse of Employee Time, Overtime, and County Property
The Grand Jury heard extensive testimony concerning the misuse of employee time, abuse of overtime, misuse of county property, and the use of detention officer positions for consultants. These abuses resulted in lack of adequate staffing at the jail, the courthouse, and on special duty assignments. The Grand Jury also finds that DeKalb County funds were misused in these cases.
The aforementioned Eddie Godfrey, a civilian employee of the sheriff's department, testified that inmates built storage sheds for jail use as part of the Life Skills program. After Dorsey took office, Godfrey was directed by Dorsey to transfer Dorseys personal belongings from a commercial storage facility to one of the jail storage sheds. The contents remained in the storage shed during Dorsey's entire term.
In addition, it was established that Lt. Baker, the sheriff's top aide, often dispensed orders to other employees that came directly from Dorsey. It was understood within the department that any order from Lt. Baker was the same as an order from Dorsey, who had explicit knowledge of the orders given. Lt. Baker often was responsible for giving the orders that resulted in a theft from the county.
There are numerous examples of the misuse of county employee's time. Lt. Baker, Joe Murray, Tony Scipio, Mark Alonzo Howard, Noah Heimlich and Patrick Cuffy, by orders of Dorsey (often through Lt. Baker), picked up the Dorsey children from their respective schools and brought them to the sheriff's office or home throughout the school year. On several occasions, Heimlich and Wayne Fitch transported Dorsey's daughters home from their respective colleges in Chattanooga and Statesboro, in county vehicles, on county time and using a county credit card to pay for the gas for the trip. Mr. Heimlich also worked on Dorsey's personal cars and appliances on numerous occasions.
Murray testified that he was ordered, through Baker and Dorsey, to fill in as a security guard at different branches of Citizen's Trust Bank during regular working hours at the Sheriff's office. SID, Inc., Dorsey's security company, held the security contract at all Citizen's Trust Bank locations. While on duty at the bank, Murray was being paid by the county.
The DeKalb County Sheriff's Department has a budget for a specific number of employee positions. Each position has a specific job title and qualifications. Sheriff Dorsey hired non-law enforcement personnel as "consultants" in positions slotted for law enforcement. This caused an even greater shortage to the already-deficient number of officers working in the DeKalb County Jail.
On at least two occasions, Dorsey used jail positions to employ people in other capacities. For example, Dorsey hired a woman named Denise Blount to oversee the jail fitness center. She was placed in a Detention Officer III slot, the highest level for detention officers. Testimony established that Blount worked fewer than sixteen hours a week. Her main duty seemed to have been personally training Dorsey. Additionally, Dorsey appointed a man named Nick Nicodemus as a Detention Officer III. However, Nicodemus did not work at the jail. Instead, his only function was to serve as a "consultant" and appear once a month at meetings. It should be noted that Nicodemus was a Dorsey supporter who campaigned for him in the Dunwoody area. Dorsey admitted to a former Chief Deputy that he put Nicodemus on the payroll to help obtain the "white vote" in Dunwoody.
By appointing these two to detention officer positions, Dorsey in effect took away two positions from the already understaffed jail. An understaffed jail presents a danger to the guards working there, as a certain number of guards are required to keep the inmates under control and keep the environment safe.
Further, Dorsey allowed gross abuses of the overtime policy by his employees. For example, one employee, Patrick Cuffy, who received preferential treatment routinely exceeded department safety regulations on overtime. Cuffy was able to nearly double his salary due to overtime. A number of Cuffy's supervisors officially reprimanded him verbally and in writing for his overtime abuse. However Dorsey chose to override these reprimands and continued to approve of Cuffy's overtime.
The Grand Jury recommends that a procedure for verifying employee overtime should be put in place, as well as a system that would alert the payroll department to overtime abuses by sheriff's department employees.
CONTRACTS
Medical
The Grand Jury heard testimony that the system for awarding contracts for services provided to the jail has been abused and lacks fairness. Under procedure mandated by the county, a department must first prepare a request for proposal (RFP), which outlines the needs of the department for various services. This request is reviewed by a selection committee, which has the authority to approve the vendor suggested in the request. This procedure has been ignored by the sheriff's department, and as a result, some contracts have been undertaken unfairly and approved by committees which lacked the expertise to choose vendors. The result has been a convoluted procedure that has cost the county time and money. For example, the medical contract for the jail was subjected to three separate selection processes before the DeKalb County Board of Commissioners was satisfied that an appropriate vendor had been selected.
John Schmidt, the former primary medical care administrator and liaison within the jail, testified that he prepared a request for proposal for the medical contract based upon his experience within the jail infirmary. In his request, Schmidt outlined the specific requirements and medical needs at the jail. Simultaneously, Major Robert Krug, who does not have comparable expertise with medical contracts, was preparing a separate request, which contained inflated estimates for personnel needs. In his request Krug specifically recommended a company in which he had an interest, Health Care of Georgia. According to Krug, Dorsey knew of and condoned his action in this matter.
The selection committee chosen to review these requests was inexperienced in the matter of medical contracts. Several members of the committee questioned their own qualifications and felt they were being manipulated in favor of one bidding company, which had ties to Sidney Dorsey. Additionally, an employee of the contract compliance office, Evan Sanders, is required to participate in contract selection committees. In the case of the first medical contract process, Sanders did not receive notification until the committee had already begun their meeting. Once at the meetings, he noted that the committee did not follow the standard format for contract selection, and discussions with other members of the committee led him to question their qualifications.
The selection committee chose to endorse Krug's recommendation, Health Care of Georgia. However, the DeKalb County Commissioners vetoed this selection after questions were raised concerning the legitimacy and qualifications of the company.
A second committee was convened to resume the selection process. This committee also chose Health Care of Georgia, which had changed its name. The selection was again vetoed by the Board of Commissioners, requiring that a third selection committee be convened. By this time, the medical contract for the jail had expired and was being extended on a month to month basis. The protracted search for medical services provider eventually led to the loss of a contract the jail had with the Immigration and Naturalization Service due to insufficient inmate medical treatment.
Doyle Shaw, director of purchasing and contracting for DeKalb County, testified that prior to the Dorsey administration, failure to follow the standard process in review of potential contract vendors had not been an issue.
Jail Management System
The Grand Jury heard testimony that the Jail Management System (JMS) was outdated prior to Dorsey's administration. Under Dorsey, a committee was formed to prepare a request for proposal to update the JMS and to prepare for year 2000 conversion. This committee, under the supervision of Dana Scott, met with approximately twenty vendors and used this information to prepare the request, which included the recommendation that a performance bond clause be written into any contract formed. The inclusion of such a clause would have ensured the county a refund if the selected system failed. Dorsey rejected the committee's request and stated that the clause would constrain otherwise qualified vendors for bidding.
Dorsey contacted Advanced Computer Technology (ACT), a company owned by a long time friend of his, to conduct the search for a vendor. ACT recommended that jail employee Darlene Martin, a former associate of ACT, manage the project. Following this recommendation, Dorsey placed Martin in charge. Martin awarded the contract to Epic Solutions, despite the fact that Epic did not have a finished product ready for demonstration.
The senior accountant for the sheriff's department testified that the county paid Epic $471,510 for the new jail management software. The software did not work. The contract with the company specified that $338,508 would be returned to the county in the event of a software failure. At this time only $30,000 has been paid back to the county.
The Grand Jury recommends that when any type of service requiring specialized knowledge is needed by the jail, the Sheriff's Department should be required to consult with qualified experts already employed by the county. Further, vendors should be paid only when services are rendered to the satisfaction of the county. County medical advisors must take a more active role in the health care provider selection process to ensure fairness, quality, and cost efficiency. Further, when a selection committee is convened to review a request for proposal, a county representative with a background relative to the contract under consideration should be included in the process.
Sexual Harassment and Improprieties by Sheriff's Department
The Grand Jury heard testimony that Dorsey, while on county time, acted in a sexually inappropriate manner toward county employees and civilians, including giving preferential treatment to the women with whom Dorsey had sexual relationships. Dorsey also condoned a working atmosphere in which senior officers sexually harassed subordinates. Sexual harassment and discrimination did not stop upon the reporting of such activities, and superior officers accused of such conduct were not reprimanded. As a result, DeKalb County is a defendant in two lawsuits alleging sexual harassment.
Anne Marie Burdett testified that she reported being harassed by a chief officer of the sheriff's department. When she spoke to Dorsey about the matter, he assured her he would take care of it. Subsequently, Burdett was reassigned to a less desirable position in the department and was mistreated by fellow employees. Further, she testified that Dorsey admitted to her that he did not read her complaint, and he made derogatory comments regarding her appearance.
Saresa Beasley-Simmons testified as to the preferential treatment she received within the department due to her sexual relationship with Dorsey. For example, when she was injured and somewhat immobile, Dorsey ordered several department employees to perform personal errands for her, including picking up her children from school, and transporting her to physical therapy. Dorsey also directed the department attorney, Ron Ramsey, to represent Beasley-Simmons in her personal legal matters. Beasley-Simmons was also given preferential work hours, including day shift and weekends off, a schedule unheard of for an employee in her position. Further, Beasley-Simmons testified that once her relationship with Dorsey ended, she ws denied promotions and educational advancement within the department.
Additionally, Shirley McMichael, the owner of a bonding company in DeKalb County (Speedy Bonding), testified that Dorsey forced her to have sex with him and give him large sums of cash by threatening to revoke her county bonding license. During their relationship, there were a disproportionately high number of bonds issued to Speedy Bonding. The county fugitive squad was expressly directed by the sheriff to pursue bounties for McMichael's company. These allegations are supported by a number of sheriff's employees as well as employees of other bonding companies.
The Grand Jury recommends that the sheriff and the sheriff's department should be bound by law as stated in the DeKalb County Code of Ethics (See 22A, 15c 1 & 2a) never to receive a gift, loan or favor, promise, or anything of value for himself or for another person. Failure to adhere to this code section should result in harsh penalties to underscore the seriousness of the violation.
Additionally, the Grand Jury recommends that the sheriff's department issue a policy that prohibits sexual relationships between superiors and their subordinates. Any employee who violates this provision shall be guilty of misconduct and subject to disciplinary action, including dismissal.
As one of the agencies charged with enforcing and upholding the laws of the state and the county, the department's moral and ethical standard should be above reproach.
Reserve Deputy Program
The DeKalb County Sheriff's Department Reserve Deputy program as established and administered under Dorsey was constantly mismanaged and abused. Reservists joined the program with the sole intention of using the uniform, equipment, and authority bestowed by DeKalb County to secure private security jobs. In some cases, reservists were clearly unqualified to hold this position with the county. Additionally, not all reservist were POST certified, as is expressly required of all deputies.
The Grand Jury heard testimony indicating that inadequate records were kept concerning the reserve deputies' required duty hours to remain in the program. No records were kept that indicated whether a reservist had fulfilled the sixteen hours per month as required by the department. Further, there were no logs maintained indicating the type of training received by the reservist. The lack of any records made it impossible for the program supervisors to know who had fulfilled their duty requirements and who was adequately trained for their assignments.
In addition to the lack of records, the relationship between the regular deputies and reserve deputies was problematic at best. Regular deputies testified to being uncomfortable with the training of the reservists, and doubting the reservists abilities. This lack of respect is indicated by the use of the nickname "Hobby Cops" for the reservists.
The uniforms of the reservists are identical to those of the regular deputies, thus making it difficult to distinguish the two upon first glance. This may pose a larger problem in situations where the reservists are performing off-duty security jobs. Citizens will expect those wearing the deputy uniform to have the skills, training and authority to respond to any dangerous situations that may arise.
The DeKalb County Sheriff's Department Reserve Deputy program may constitute a substantial liability to the county as well as its citizens. DeKalb County Attorney Charles Hicks testified that the reservists are merely unpaid officers and represent no more of a legal liability than a regular deputy sheriff. However, the Grand Jury believes that an untrained, unqualified, inexperienced, part-time deputy may not have the judgment to handle dangerous situations and may therefore react in an inappropriate manner that could leave the county open to legal repercussions.
The Grand Jury believes that in a perfect world the Reserve Deputy program would be abolished. However, considering that the Sheriff's Office may no be funded sufficiently to eliminate the need for reserve officers, this grand jury recommends that strict guidlines be implemented and adhered to regarding qualifications, accountability and duties. Such reserve officers should all be POST-certified law enforcement officers and should only be utilized in low-risk situations.
Weapons and Ammunition
The Grand Jury heard testimony that county weapons were distributed to unauthorized personnel. This is an issue of concern for all citizens of DeKalb County. It is imperative for the safety of the community that only properly trained and Professional Officer's Standards Training (POST) certified officers be allowed to carry county registered weapons.
At least four sheriff's department employees were issued weapons without proper training or POST certification. In addition to the threat that this poses to the officer and to the community, it is a potentially huge financial liability to the county.
The Grand Jury heard testimony that there was at least one case of the improper removal of confiscated weapons from the armory at the DeKalb County Jail. That weapon was never recovered. No confiscated weapons are to be temporarily removed from the armory without proper paperwork and authorization from the officer in charge of the armory. Confiscated weapons cannot be permanently removed from the armory or issued to a deputy without a court order.
Additionally, the Grand Jury heard testimony that non-law enforcement or non-military personnel are authorized to carry weapons with high capacity magazines. We found at least one case where unauthorized personnel acquired documentation from the DeKalb County Sheriff's Office that empowered them to obtain high capacity magazines for their weapons.
The Grand Jury recommends that no employee be issued a weapon who is not POST certified. This decision should not be at the sheriff's discretion. Any employee who issues a weapon to a non-POST certified employee should face termination.
Badges and IDs
The Grand Jury heard testimony that badges and IDs were issued to county and non-county employees indiscriminately. The badges being distributed to DeKalb County sheriff & deputies and detention officers are the same badges that were distributed to non-county employees. This presents potential safety issues to the public due to the inability to distinguish between POST trained and certified law enforcement personnel and civilians.
We recommend that all badges and IDs be appropriately marked as to the position held by the carrier (i.e. deputy sheriff or detention officer) and that a complete database be kept on the holders of these items. If badges are given to civilians they should be marked as honorary.
While in office, Dorsey approved the issuance of weapons, badges, and IDs to unauthorized personnel. The Grand Jury recommends that better controls be utilized to ensure a higher level of scrutiny and security is maintained when issuing weapons, badges and IDs. This is for the protection of the public, as well as for other law enforcement agencies, and to ensure the power of the sheriff is not abused.
Mailroom
This Special Grand Jury heard sworn testimony that controlled substances entering the jail through the mailroom were mishandled and on occasion misplaced.
Witness testified that when contraband was identified in inmate mail there was no express procedure that detailed how to handle it. Generally, contraband was taken to a supervisor, who was then responsible for destroying it. No records were kept as to which inmates were the intended recipients of the contraband, what the contraband was, or who destroyed the contraband.
The Grand Jury recommends that express provisions detail the procedure to be followed in the event that contraband is received in the mailroom. When contraband is discovered it should be immediately recorded in a log and placed in some sort of safe. Supervisors should be required to sign the log when they receive the contraband prior to destroying it. Further, the amount of contraband confiscated should be recorded, as should the amount destroyed, to ensure there are no discrepancies in handling.
Hiring Practices
The Grand Jury heard testimony that some job applications with the Sheriff's Department were given preferential treatment. It is the responsibility of the human resources department to review job applications and screen those for potential candidates. Applicants who have prior criminal histories are generally rejected. Despite this procedure, during his tenure as Sheriff, Dorsey ignored the recommendations of the human resources department on at least three occasions, resulting in the hiring of employees with criminal records. This had the effect of lowering morale within the department as well as diminishing the quality of department employees.
Atleast three employees hired per Dorsey's request later were arrested on various charges, including impersonating a police officer and attempted murder. These same employees reported directly to the sheriff and as a result were given special treatment and privileges. Additionally, the Grand Jury heard testimony that some applicants who were turned down for jobs as detention officers due to their criminal backgrounds were then hired in other positions, contrary to the human resources department's recommendations.
The Grand Jury recommends that the Sheriff always hire personnel based on the qualifications of each applicant and the needs of the county.
Pharmacy
The Grand Jury heard testimony that the jail pharmacy lacked an appropriate management of medication inventory. During a thorough investigation by the GBI, it was discovered that the pharmacy was unable to account for certain narcotics, including Ativan and Phenobarbital.
The employee responsible for medication inventory had a restricted license that limited his authority to dispense narcotics. A new management team was instituted which reorganized the pharmacy operation, including the hiring of a pharmacist to work five days a week, six hours per day. The medication carts were updated from a blister pack system to single doses, which improved daily inventory of medications. The main pharmacy, which is not located at the jail, delivers medications daily and returns the unused medication.
The Grand Jury recommends that contract services adequately screen employees to work within the jail. The sheriff's department should also be responsible for oversight of the contractors to ensure that their services are appropriately administered.
Tour
As charged by Judge Hancock, the Grand Jury toured the DeKalb County Jail on April 13, 2001 to become familiar with layout and conditions of the jail. The tour was guided by the current sheriff, Thomas Brown, and some of the senior administrative staff.
The Special Grand Jury visited and observed the following areas:
Intake Processing
Bonding Company Area
Kitchen
Cell Block Pod
Infirmary
Visitor's Booths
Mailroom
Administrative Offices and Gymnasium
The Grand Jury found the facilities to be in excellent condition. Trustees seemed to be working diligently throughout the halls to keep the jail clean.
The Grand Jury noticed that the observation tower located outside the mailroom has a blind spot. Several jurors could hide behind a wall and go undetected by jail personnel in the observation booth.
Additionally, there were questions concerning adequate placement of cameras overlooking certain areas. For example, there is an outside stairwell that accesses a private entrance to the sheriff's office with no monitoring in place. Also, the entrance to the administrative offices had an inoperable camera.
Furthermore, the Grand Jury recommends that the county invest in an electronic system that tracks peronnel throughout the jail. The system can act as a time clock that logs employee arrival and departure as well as monitor the movement of employees in the jail. A key card system could advance the security within the jail.
Overall, the jury found the conditions of the jail satisfactory.
Post Certification
Police Officer Standards and Training Council (POST) is a state agency for standardization and certification of police officers to insure proper hiring and training processes.
The Grand Jury heard testimony from Mike Barton, the executive director of POST for Georgia. Mr. Barton gave general background information regarding POST and the requirements for civilian and pre-officers to become certified under the agency. Further, he detailed the agency and state laws surrounding the hiring process and mandate training. The laws stipulate that any sheriff or police chief in Georgia must comply with POST standards in order to have his agency and officers recognized by the state. Mr. Barton testified that allowing a non-POST certified employee to carry a weapon is a criminal violation of state law.
The Grand Jury heard testimony that some Sheriff's Department employees were issued weapons directly by Dorsey without being POST certified. One such employee was Joe Murray, who was directed by Dorsey to work at various banks as a security guard for Dorsey's security firm while on county time. Another employee, Saresa Beasley-Simmons, was given a weapon after she told the sheriff that her ex-husband was harassing her.
The Grand Jury recommends that the POST certification guidelines be followed by all DeKalb County employees. The sheriff may not override these guidelines, and should not be given any discretion to do so.
Recommendations Summary
Bribery and Extortion
The Grand Jury feels strongly that laws pertaining to bribery and extortion by a public official must be enforced, regardless of the magnitude of the offenses or the office held by the official. This serves not only to reinforce the public trust, but also to deter future bad conduct on the part of the officials. Based on the allegations outlined above, Dorsey should be held fully accountable and prosecuted to the fullest extent of the law.
Bonding Companies
The Grand Jury recommends that an independent review committee be put in place for selection of bonding companies. This committee should be comprised of representatives from the county attorney's office, financial department, and the sheriff's office. This will ensure the selection process is fair to all parties and will prevent favoritism.
The Grand Jury recommends that all bonding companies should meet the minimum requirements for collateral equally, with documented collateral and accurate financial records. This will promote fairness in selection as well as ensure the bonding companies can follow through on their financial obligations to the county.
The Grand Jury recommends that bonding companies be required to adhere to standard accounting procedures and be audited yearly by an outside reviewer. The yearly audit would ensure the bonding companies continue to satisfy the collateral requirements as well as check for improprieties concerning receipt and return of cash and property used to secure bonds.
The Grand Jury recommends that more bonding companies be authorized to conduct business in DeKalb County. Free enterprise creates better services and could lead to fewer abuses, improprieties, kickbacks, and preferential treatment.
The Grand Jury recommends that the bond forfeiture documentation system be updated and automated. An automated system could provide monthly statements to the bonding companies, notifying them of any outstanding balance due to the county. If an outstanding balance is carried beyond a specified amount of time, the bonding company's license should be revoked.
The Grand Jury recommends that any employee of the DeKalb Sheriff's Department who refers a specific bonding company to a client of his family, or who receives monetary compensation for this advice, should be terminated from their job. This is a violation of Georgia law and should be strictly enforced.
Finally, the Grand Jury recommends that the county fugitive squad be utilized only in cases where there is a legitimate law enforcement or public safety concern, not to benefit a bonding company.
Cash Closet
The Grand Jury recommends that accurate accounting of each detainee's property and transactions while incarcerated are recorded. Upon release, a full accounting should be available, with any money deposited returned to the detainee.
To facilitate an accurate recording system, the Grand Jury recommends that an independent auditor perform yearly audits. The current system should be reassessed and updated based on the auditor's findings. Further, access to the accounting office and cash closet should be extremely limited, with only a carefully screened few given full access.
Furloughs
The Grand Jury recommends that guidelines be implemented to prevent indiscriminate release of prisoners. Furloughs should apply only to those serving time for misdemeanors and non-violent crimes. Release should be for a specific cause, such as a family funeral, and the inmate should remain under guarded supervision until promptly returned to the jail. In addition, state prisoners should not be released to serve state time in the county jail at the county's expense.
Trustee Program
The Grand Jury, after hearing testimony on furloughs and the trustee program, believes there should be express guidelines in place that detail which inmates are eligible for the trustee and Life Skills programs, what tasks these inmates can be assigned, and rules regarding sending inmates out into the community. Additionally, there should be a clear policy for dealing with employees who disregard these rules. Any sheriff department employee who puts the community at risk should face the harshest penalties in an effort to deter any such action.
Political Campaigning on County Time
Campaigning on county time and using county employees to solicit campaign funds is against the law. We recommend that existing laws relating to campaign solicitation are strictly enforced and that penalties are levied against the offending individuals.
Contract - Medical and Jail Management System
The Grand Jury recommends that when any type of service requiring specialized knowledge is needed by the jail, the Sheriff's Department should be required to consult with qualified experts already employed by the county. Further, vendors should be paid only when services are rendered to the satisfaction of the county. County medical advisors must take a more active role in the health care provider selection process to ensure fairness, quality, and cost efficiency. Further, when a selection committee is convened to review a request for proposal, a county representative with a background relative to the contract under consideration should be included in the process.
Sexual Harassment and Improprieties by the Sheriff's Department
The Grand Jury recommends that the sheriff and the Sheriff's Department should be bound by law as stated in the DeKalb County Code of Ethics (See 22A, 15c 1 & 2a) never to receive a gift, loan or favor, promise, or anything of value for himself or for another person. Failure to adhere to this code section should result in harsh penalties to underscore the seriousness of the violation.
Additionally, the Grand Jury recommends that the Sheriff's Department issue a policy that prohibits sexual relationships between superiors and their subordinates. Any employee who violates this provision shall be guilty of misconduct and subject to disciplinary action, including dismissal.
Reserve Deputy Program
The Grand Jury recommends that, if budgetary concerns dictate the continued use of reserve deputies, only POST-certified law enforcement officers who have undergone strict background checks be utilized, and that there be strict accountability and supervision of these officers, who should be untilized only in low-risk situations.
Weapons and Ammunition/Badges and IDs
The Grand Jury recommends that no employee be issued a weapon who is not POST certified. This decision should not be at the sheriff's discretion. Any employee who issues a weapon to a non-POST certified employee should be terminated.
We recommend that all badges and IDs be appropriately marked as to the position held by the carrier (for example, deputy sheriff of detention officer) and that a complete database be kept on the holders of these items. If badges are given to civilians, they should be marked as honorary.
Mail Room
The Grand Jury recommends that express provisions detail the procedure to be followed in the event that contraband is received in the mailroom. When contraband is discovered it should be immediately recorded in a log and placed in some sort of safe. Supervisors should be required to sign the log when they receive the contraband prior to destroying it. Further, the amount of contraband confiscated should be recorded, as should the amount destroyed, to ensure there are no discrepancies in handling.
Hiring Practices
The Grand Jury recommends that the hiring practices of the department provide for a complete review of each applicant by the human resources department, limiting the role the sheriff plays in the hiring process. The sheriff should not have the authority to override the recommendations of the human resources department, particularly in reference to the criminal background of a potential employee.
Pharmacy
The Grand Jury recommends that contract services adequately screen employees to work within the jail. The sheriff's department should also be responsible for oversight of the contractors to ensure that their services are appropriately administered.
The Grand Jury recommends that the county invest in an electronic system that tracks personnel throughout the jail. This system can act as a time clock that logs employee arrival and departure as well as monitor the movement of employees in the jail. A key card system could advance the security within the jail.
Post Certification
The Grand Jury recommends that the POST certification guidelines be followed by all DeKalb County employees covered by POST rules and regulations and that the sheriff not be given any discretion to override these guidelines.
RESPECTFULLY SUBMITTED, THIS THE 13th DAY OF SEPTEMBER 2002
*March 4, 2003: Georgia General Assembly passes vote to rename the Glenwood Road crossing over Interstate Highway 285 the Sheriff-elect Derwin Brown Memorial Bridge. The resolution is as follows:
03 LC 21 7184
House Resolution106
By: Representatives Chambers of the 53rd, Watson of the 60th, Post 2, Greene-Johnson of the 60th, Post 3, Stephenson of the 60th, Post 1, Mangham of the 62nd, and others
A RESOLUTION
Honoring the memory of Sheriff-elect Derwin Brown and designating the Sheriff-elect Derwin Brown Memorial Bridge; and for other purposes.
WHEREAS, on December 15, 2000, a hail of assassins' bullets cut short the life of Derwin Brown, who had only weeks before been elected to the office of Sheriff of DeKalb County and was to take office on January 1, 2001; and
WHEREAS, Sheriff-elect Brown was born in Fort Knox, Kentucky, the first child of George and Burvena Brown, and he was raised in Long Island, New York; and
WHEREAS, he began his service with DeKalb County in 1977 as a youth group supervisor within the juvenile justice system, and he soon moved into what would become an outstanding 23 year career in law enforcement within the county; and
WHEREAS, Sheriff-elect Brown was a dedicated public servant who worked tirelessly for youth and for the protection of the citizens of the community; and
WHEREAS, he knew that his courageous stand in determining to clean up corruption in the sheriff's department would put him in personal danger, but he refused to flinch in the face of threats; and
WHEREAS, thanks to the courage and sacrifice of this great man, DeKalb County is a better place to live today.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Sheriff-elect Derwin Brown is honored as a truly great and courageous man who gave his life for his community.
BE IT FURTHER RESOLVED that the bridge on Glenwood Road crossing over Interstate Highway 285 in DeKalb County shall be designated the Sheriff-elect Derwin Brown Memorial Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the Sheriff-elect Derwin Brown Memorial Bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Sheriff-elect Derwin Brown.
*May 23, 2003: Sidney Dorsey's attorneys request a new
trial, citing juror misconduct and asking to speak with the jurors.
Steele said he recently came across "suggestions" of juror
impropriety, but gave no details, stating, "I can't offer evidence
because I can't speak to the jury." He was asked when did he
come across this information and Steele stated "last night?"
Prosecutors opposed the request, calling it "a fishing
expedition." Steele also requested an ex-parte hearing
(closed court) to present his "suggestion" ofjuror
impropriety. The public and media were asked by the judge to leave
the court room and the defense attorneys and prosecuting attorneys were
put
under a gag order.
Dekalb Superior Court Judge Cynthia J. Becker said she is considering
releasing the names of the 16 jurors and alternates if he could show
some indication of improper behavior before the court authorizes it to
begin a misconduct investigation. During the trial last summer,
Dorsey was seen by court bailiff writing down confidential information
from the Georgia Criminal Information Center background search about
people being considered
for jury service. "It was reported by one of the deputies who
was searching him before taking him back to jail," Becker told
Steele. There was some concern about him having that information to
influence potential jurors. Judge Becker also stated that the
information had been confiscated. Defense attorneys were given 30 days
to file a supplementary brief to their motion.
Feds File Charges in Sheriff's Death
*Feb.18, 2004: Two men acquitted on state charges
that they took part in the murder of DeKalb County Sheriff-elect
Derwin Brown were arrested Wednesday on federal charges, 11Alive News
has learned.
11Alive's Kevin Rowson reported that authorities took Melvin Walker
into custody in the Atlanta area, while agents arrested |