Alcoa halts defendant donations; Similar funds in Unicoi under TBI investigation

By Robert Norris
of The Daily Times Staff

For four years, the city of Alcoa accepted contributions to its drug control fund from defendants in plea bargain arrangements. No more.

City Attorney David Duggan stopped accepting the donations Thursday pending the outcome of a Tennessee Bureau of Investigation of a similar fund in Unicoi County.

Duggan said he believed the Alcoa procedure is legal and is used in other Tennessee counties, but halted it for now after reading accounts of the Unicoi County investigation that first appeared in the Johnson City Press.

"After reading the story, I'm just going to put it on hold," Duggan said. "It's a good idea to show a little caution."
Although he stopped the contributions, Duggan said he is confident the practice meets the letter of the law.

"I'm not aware of anyone ever questioning the legality of the practice," he said.

Brooks Wilkins, TBI assistant special agent in charge, confirmed the investigation in upper East Tennessee and said it was confined to one county.

"We do have an investigation going on in Unicoi County regarding the use of equipment funds, but that's all we're going to say about it," Wilkins said.

District Attorney General Mike Flynn said his office does not engage in the practice in Blount County.

"We do not do that and have not done that," he said.

The Maryville Police Department does not receive contributions from plea bargains, a spokesman said.

The Unicoi County practice of arranging donations to law enforcement equipment funds differs from drug fund contributions in Alcoa, according to Duggan.

"It is my understanding that ours is a lot different. My understanding is that up there it is sort of automatic," he said.

Stopped in Unicoi County
District Attorney General Joe Crumley halted his office's participation in arranging the contributions after he took office in August 1998. He said the practice gave the appearance of selling justice.

In Unicoi County Sessions Court, the practice continued until two weeks ago. Previously, defendants cited for minor traffic violations were given a choice: pay the fine and court costs or make a $25 to $50 donation and have the charge dismissed.

Since 1994, close to $91,000 collected through equipment funds were transferred to the Tennessee Highway Patrol office in Unicoi County. According to Unicoi Sessions Judge David Shults, who defended the practice as a way to save taxpayers money, most of the contributions were negotiated by state troopers and city of Erwin police officers.

Alcoa City Recorder Ray Richesin said the drug control fund took in just over $36,000 in fiscal 1999. He said the city did not calculate the amount contributed through plea bargains, but it was a small percentage compared to the fines and court costs that make up most of the fund.

Alcoa Police Chief Wayne Chodak said the money was used to help fund the police department's K-9 unit, mobile precinct vehicle and other drug enforcement efforts.

Criteria for contributions
No contributions are accepted in city traffic court, according to Duggan, because the city does not have enough clerical staff to handle the extra paperwork. Most of the contributions come from alcohol and drug-related cases. All of the contributions to the Alcoa drug control fund were suggested by defense attorneys as part of plea bargains, he said.
"I can say with confidence, we've never solicited a drug fund contribution," Duggan said.

While he has stopped the contributions, Duggan said he will honor any plea bargains already agreed to with defendants.

Duggan said the contributions were beneficial to drug enforcement efforts and a legitimate plea bargaining tactic to keep the court from becoming backlogged with cases.

Clearing the docket
"We use plea bargains every time we go to court," he said. "Probably in the last four years we've used the drug fund contributions a little heavier than we have in the past, that's because our dockets have grown. Four years ago we would have an average of 10 to 12 cases a day, 20 to 25 on a big day. Now, it's to 50 and 100 defendants. We simply can't try them all. It would be literally impossible."
Plea bargains with contributions were not allowed in cases with victims, Duggan said. Several criteria generally had to be met before a plea was accepted, according to the Alcoa city attorney _ first offense, weak case for the prosecution and participation in a drug and alcohol treatment program.

"It's been a good program and it's not been abused, Duggan said. "I'm sorry it's being questioned. It's been good for us."
The TBI investigation in Unicoi County is expected to take several weeks to complete.