Gangsters in Blue

What a strange column by Virginian-Pilot columnist Kerry Dougherty this morning.

Dougherty, you might remember, wrote a column last February in which she excoriated bloggers, activists, and other journalists for daring to question the police in the Frederick case, then floated the idea (later adopted by the prosecution) that the state somehow deserves a change of venue because as they learn more about the case, the Chesapeake jury pool seems to be showing less and less deference toward the police.

This morning, Dougherty basically turns her column over to Chesapeake Police Chief Kelvin Wright, so he can refute what Renaldo Turnbull, Jr. said in interviews with me and with Virginian-Pilot reporter John Hopkins.

Doughtery begins with a non sequitur, invoking a prior case where a convicted murderer protested his innocence to the media, and was later proven to have lied. I guess her point is that criminals sometimes lie. It’s a bizarre way to begin a column defending the police, given that much of the state’s case against Ryan Frederick right now rests on the word of two men that the prosecutors acknowledge are criminals.

But it gets worse. In her rush to defend the honor of Chesapeake PD, Dougherty then botches the details of what Turnbull actually told her own paper’s reporter.

First, Dougherty writes:

In a front-page story in The Pilot last week, Turnbull not only claimed to be one of the confidential informants Chesapeake police relied upon to get a search warrant for the address of suspected drug dealer Ryan Frederick earlier this year, but he said the cops knew in advance that he and another thief were going to burglarize Frederick’s property.

The first part of this sentence simply isn’t true. Turnbull didn’t tell me or Hopkins that he was the informant in the Frederick case. He was rather clear that the other man, “Steven,” was the informant. Steven was picked up on charges of credit card theft and fraud, then cut a deal with the cops. According to Turnbull, Steven then contacted him to assist in the break-in, because the two had worked together with the police on other cases for several months. The two of them then broke into Frederick’s home. But it was Steven who worked directly with the cops on the Frederick case, and Steven is the one police refer to in the warrant as the informant. Turnbull explicitly told me he had no dealing with the police on Frederick’s case.

It was Steven who told Turnbull that the police had okayed the burglary ahead of time.  But that obviously jibed with Turnbull’ss own dealings with the police on prior occasions, where the police similarly either encouraged or gave tacit approval to burglaries for the purpose of gathering evidence.

Dougherty is flat wrong on the facts, here.

Dougherty makes a similar mistake later in the column:

The chief dismissed Turnbull’s claims that he had a private phone conversation with Shivers in which the detective gave him permission to burglarize Frederick’s garage.

It was Shivers’ partner who was the lead investigator on the Frederick case, Wright said, not Shivers himself. Besides that, Chesapeake officers communicate with informants only when another officer is present.

Wright said that when the inmate claimed he had an incriminating conversation with Shivers, he cast aspersions on the only officer in the city “who cannot defend himself.”

Again, that isn’t what Turnbull said. Here’s the passage from Hopkins’ article that Dougherty is referring to:

Turnbull said he met with Shivers once and talked with him on the phone on other occasions. During a meeting at a 7-Eleven store near the intersection of Battlefield Boulevard and Cedar Road in Chesapeake, Shivers introduced himself.

“He told me what to look for. He said, if you know of any burglaries or anything, let Steven know… He said no evidence, no pay… He said if you know where it is, go get it.”

Nowhere in that passage does it say that the 7-11 meeting between Shivers and Turnbull or any of the phone conversations between the two were in any way related to the Frederick case. That’s because they weren’t. Turnbull was recounting his experiences with Shivers in other cases. Remember, Turnbull said he and Steven had been working with the police for several months. Remember also that in the search warrant for the Frederick raid, the officer explained that he had been working with this particular informant for several months. These continuing consistencies between Turnbull’s statements and verifiable facts from other parts of the case–some of which weren’t public at the time Turnbull first spoke with Hopkins last February–are what make this portion of Turnbull’s story so credible.

The big problem Chief Wright doesn’t address, of course, is why the police didn’t disclose on the warrant that their probable cause had been obtained via an illegal burglary. The fact that the burglary wasn’t disclosed, again, lends credence to Turnbull’s statement that these burglaries were common practice. If you’re an honest, by-the-book narcotics cop who serendipitously happened upon a marijuana grow thanks to information you gleaned from someone you arrested on an unrelated burglary charge, you don’t neglect to mention the burglary in your search warrant affidavit, and then accidentally refer to the burglar as a trusted informant with whom you’ve been working for several months.

Also of note: It has since been revised, but in Hopkins’ original article yesterday, he noted that Chief Wright wouldn’t answer any of Hopkins’ questions about Turnbull.  Wright told Hopkins both that he didn’t have time, and that he wouldn’t comment on police informants (no one at Chesapeake PD returned my calls, either). The article is now edited to appear as if Wright’s denials went straight to Hopkins. They didn’t. Wright’s comments in Hopkins’ article are just a rehashing of what he said to Dougherty. You might note that Dougherty is now listed as a contributor at the bottom of Hopkins’ article.

Strange, isn’t it?, that Chief Wright wouldn’t have the time to speak with Hopkins, but would have time to speak with Dougherty, an opinion columnist and pro-police partisan. Hopkins has a better grasp on the details of the case (obviously), was the person who spoke directly with Turnbull, and would have been able to ask pointed follow-up questions of Chief Wright.

Okay.  So come to think of it, maybe Chief Wright’s inability to find time to talk with Hopkins isn’t so strange after all.

Finally, Chief Wright denied to Dougherty that Turnbull was ever a police informant, and also denied that he was one of the burglars prosecutors referenced at the hearing earlier this month. If that’s true, Turnbull’s a pretty gifted bullshit artist. Because he gave Hopkins details about the raid and about Frederick’s home that weren’t public at the time. He also seems to know quite a bit about being an informant. At the hearing, prosecutors also very clearly mentioned “burglars,” in the plural. If Turnbull wasn’t one of them, it’ll be interesting to see who they do end up trotting out as Steven’s accomplice.

Oh yeah, one more question: At the hearing, prosecutors acknowledged that the two “burglars” on whose word much of their case rests did in fact illegally break into Ryan Frederick’s home–their choice of the word “burglar” sorta’ implies as much. It’s been eight months since that burglary. Why haven’t the two men been charged for it?

Special Prosecutor Paul Ebert announced yesterday that he won’t seek the death penalty against Ryan Frederick, the Chesapeake, Virginia man who killed a police detective during a botched drug raid last January.

Ebert said Frederick’s lack of any prior criminal record and the fact that he shot just once would make it difficult to prove the aggravated battery necessary to get a death sentence.

Of course, both of those facts are also pretty good indicators that Frederick didn’t intend to kill Det. Jarrod Shivers in the first place.

Stangely, Ebert cited Frederick’s age as another reason he has decided not to seek the death penalty. Frederick is 28.

Prior coverage of the Frederick case here.

Twenty-eight-year-old Ryan Frederick currently sits in a jail in Chesapeake, Viginia for killing Det. Jarrod Shivers during a drug raid on Frederick’s home. He had no criminal record, and just a misdemeanor amount of marijuana in his home. He also says someone broke into his home three nights before the raid. He’s being charged with capital murder and felony manufacture of marijuana.

The raid was conducted based solely on the word of a confidential informant. Police made no attempt to buy drugs from Frederick. A couple of weeks ago, local TV station WTKR identified the police informant in the case, a 20-year-old man named Steven who had several charges pending against him at the time of the raid, was dating the sister of Frederick’s fiance, and had a standing grudge with Frederick. The station reported that Frederick and his friends and family believe Steven was the one who broke into Frederick’s home the same week of the raid.

Last week I received a tip that there may have been a second man involved in the break-in at Ryan Frederick’s house. My source has spoken to the man a few times over the last few months, and says the man has confirmed not only that he and Steven together broke into Frederick’s house at the behest of the police, but that the two had been working as paid police informants for months—and had actually broken into several houses around Chesapeake, all with the blessing of Chesapeake police officers.

The second man is currently in the Chesapeake City jail. I don’t see any point in revealing his identity right now, so I’ll just call him "Reggie." I called the jail and arranged an interview with Reggie set for last Saturday afternoon. The jail checked with Reggie, who then asked what the interview would be about. I mentioned Steven’s name, and Reggie agreed to the interview.

Reggie initially was reluctant to talk to me (more on that later). Between the time I arranged the interview and the time I drove to Chesapeake to speak with him, his attorney had instructed him not to talk to me at all. I asked if he’d be more willing to talk if I didn’t use his name. He responded that he’s not worried about retaliation for being a snitch, he’s worried about retaliation from the police.

Still, after a few minutes, he did begin to corroborate some of the things my source told me.

Reggie told me he knows Steven "from the streets." He confirmed that the two had been working as paid police informants for several months. The police would pay them to find stashes of drugs or evidence of burglaries. I asked Reggie if the police ever encouraged him to actually break into a home to look for information, as he had told my source. Reggie hesitated, then declined to say. "I don’t want to get into any more trouble," he said.

I then mentioned my source, and asked if Reggie he had spoken with him. He said "yes." I asked if what he told my source was true. He again said "yes," but added that he was scared, and "that’s not something I can get into right now. I just want to do my time and go home."

Because they were regularly working with the police, the two men seem to have started to think they were above the law. Last January, just a few days before the Ryan Frederick raid, Steven was arrested and charged with credit card fraud and grand larceny for some credit cards police say he stole last December.

Reggie told me Steven contacted him shortly after that arrest, and told him about the charges. He says Steven told him he had worked out a deal with the police where they’d help him with the credit card charges if he could bring back evidence that Ryan Frederick was growing marijuana.

Reggie says he and Steven then broke into Frederick’s detached garage to obtain evidence against Frederick. Once again, I asked if the police knew about the break-in. Reggie again refused to answer, and again explained that he was afraid of possible retaliation from the police.

Reggie said he’s personally never met Frederick, and that the break-in at Frederick’s house all went through Steven. He said he saw television reports of the raid later that week, and immediately knew it was the same house he and Steven had broken into days earlier.

Reggie was arrested a few weeks later on February 12 on a burglary charge he says was trumped up.

Reggie has a long record. In May 2007 he pleaded guilty to burglary, grand larceny, and breaking and entering. He served six months of a three-year sentence on those charges, with the rest suspended. He was released in August. In 2006 he was charged with burglary and arson of an occupied dwelling. Those charges were nolle prossed, meaning the prosecutor could refile them within the statute of limitations if he wished.

But Reggie says the burglary charge on February 12 was concocted to keep him quiet about the Frederick raid. If what he told my source is true—that the police were encouraging informants to break into private residences to gather evidence—that’s pretty damning. It would amount to actual criminal conduct by members of the Chesapeake Police Department.

Reggie explained to me last weekend that one reason he was reluctant to talk to me is that shortly after he spoke to my source earlier this year, the police added additional charges to rap sheet. He believes this too was retaliatory, and designed to keep him quiet. This, he said, is why he couldn’t be as forthcoming with me. He was denied bail on February 14th, and has been in the city jail ever since.

A search of the Chesapeake General Court’s public records presents a time-line that supports Reggie’s story. He was arrested on February 12 on charges of burglary, grand larceny, and credit card larceny. He spoke to my source a few times over the next several weeks. On June 5, the police then added another grand larceny charge, and a charge of entering a house to commit assault and battery. At that point, Reggie stopped talking to my source.

We also know that the credit card charges for which Steven was arrested in January were dropped in April. They were then reinstated in May, and Steven was indicted. On May 19 a warrant was issued for his arrest. I was able to get in touch with a friend of Steven’s, who made it rather clear that Steven isn’t interested in talking to journalists right now.

So at the very least, here, we now have more confirmation that informants working for the police illegally broke into Ryan Frederick’s home three days before the drug raid. At worst, they may have done so with the consent of the police, this may not have been the first time they’ve done so, and the police may be intimidating the two men to prevent them from talking about it.

Moreover, you also have the unfortunate scenario where two men who may be the most important witnesses in Ryan Frederick’s trial are facing a slew of charges of their own, and basically at the mercy of the very police department their testimony could implicate.

Back in January, Chesapeake City Manager William Harrell hired an outside firm to conduct a top-to-bottom review of the city police department. So it seems clear that some officials in Chesapeake city government know there are problems. Given the circumstances of this case, though, and that a man’s life may be on the line, these latest allegations merit an outside investigation of Chesapeake PD, if not by Virginia Attorney General Bob McConnell, then by U.S. Attorney Chuck Rosenberg.

Prior archive of Frederick posts here.

Twenty-eight-year-old Ryan Frederick currently sits in a jail in Chesapeake, Viginia for killing Det. Jarrod Shivers during a drug raid on Frederick’s home. He had no criminal record, and just a misdemeanor amount of marijuana in his home. He also says someone broke into his home three nights before the raid. He’s being charged with capital murder and felony manufacture of marijuana.

The raid was conducted based solely on the word of a confidential informant. Police made no attempt to buy drugs from Frederick. A couple of weeks ago, local TV station WTKR identified the police informant in the case, a 20-year-old man named Steven who had several charges pending against him at the time of the raid, was dating the sister of Frederick’s fiance, and had a standing grudge with Frederick. The station reported that Frederick and his friends and family believe Steven was the one who broke into Frederick’s home the same week of the raid.

Last week I received a tip that there may have been a second man involved in the break-in at Ryan Frederick’s house. My source has spoken to the man a few times over the last few months, and says the man has confirmed not only that he and Steven together broke into Frederick’s house at the behest of the police, but that the two had been working as paid police informants for months—and had actually broken into several houses around Chesapeake, all with the blessing of Chesapeake police officers.

The second man is currently in the Chesapeake City jail. I don’t see any point in revealing his identity right now, so I’ll just call him "Reggie." I called the jail and arranged an interview with Reggie set for last Saturday afternoon. The jail checked with Reggie, who then asked what the interview would be about. I mentioned Steven’s name, and Reggie agreed to the interview.

Reggie initially was reluctant to talk to me (more on that later). Between the time I arranged the interview and the time I drove to Chesapeake to speak with him, his attorney had instructed him not to talk to me at all. I asked if he’d be more willing to talk if I didn’t use his name. He responded that he’s not worried about retaliation for being a snitch, he’s worried about retaliation from the police.

Still, after a few minutes, he did begin to corroborate some of the things my source told me.

Reggie told me he knows Steven "from the streets." He confirmed that the two had been working as paid police informants for several months. The police would pay them to find stashes of drugs or evidence of burglaries. I asked Reggie if the police ever encouraged him to actually break into a home to look for information, as he had told my source. Reggie hesitated, then declined to say. "I don’t want to get into any more trouble," he said.

I then mentioned my source, and asked if Reggie he had spoken with him. He said "yes." I asked if what he told my source was true. He again said "yes," but added that he was scared, and "that’s not something I can get into right now. I just want to do my time and go home."

Because they were regularly working with the police, the two men seem to have started to think they were above the law.. Last January, just a few days before the Ryan Frederick raid, Steven was arrested and charged with credit card fraud and grand larceny for some credit cards police say he stole last December.

Reggie told me Steven contacted him shortly after that arrest, and told him about the charges. He says Steven told him he had worked out a deal with the police where they’d help him with the credit card charges if he could bring back evidence that Ryan Frederick was growing marijuana.

Reggie says he and Steven then broke into Frederick’s detached garage to obtain evidence against Frederick. Once again, I asked if the police knew about the break-in. Reggis again refused to answer, and again explained taht he was afraid of possible retaliation from the police.

Reggie said he’s personally never met Frederick, and that the break-in at Frederick’s house all went through Steven. He said he saw television reports of the raid later that week, and immediately knew it was the same house he and Steven had broken into days earlier.

Reggie was arrested a few weeks later on February 12 on a burglary charge he says was trumped up.

Reggie has a long record. In May 2007 he plead guilty to burglary, grand larceny, and breaking and entering. He served six months of a three-year sentence on those charges, with the rest suspended. He was released in August. In 2006 he was charged with burglary and arson of an occupied dwelling. Those charges were nolle prossed, meaning the prosecutor could refile them within the statute of limitations if he wished.

But Reggie says the burglary charge on February 12 was concocted to keep him quiet about the Frederick raid. If what he told my source is true—that the police were encouraging informants to break into private residences to gather evidence—that’s pretty damning. It would amount to actual criminal conduct by members of the Chesapeake Police Department.

Reggie explained to me last weekend weekend that one reason he was reluctant to talk to me is that shortly after he spoke to my source earlier this year, the police added additional charges to rap sheet. He believes this too was retaliatory, and designed to keep him quiet. This, he said, is why he couldn’t be as forthcoming with me. He was denied bail on February 14th, and has been in the city jail ever since.

A search of the Chesapeake General Court’s public records presents a time-line that supports Reggie’s story. He was arrested on February 12 on charges of burglary, grand larceny, and credit card larceny. He spoke to my source a few times over the next several weeks. On June 5, the police then added another grand larceny charge, and a charge of entering a house to commit assault and battery. At that point, Reggie stopped talking to my source.

We also know that the credit card charges for which Steven was arrested in January were dropped in April. They were then reinstated in May, and Steven was indicted. On May 19 a warrant was issued for his arrest. I was able to get in touch with a friend of Steven’s, who made it rather clear that Steven isn’t interested in talking to journalists right now.

So at the very least, here, we now have more confirmation that informants working for the police illegally broke into Ryan Frederick’s home three days before the drug raid. At worst, they may have done so with the consent of the police, this may not have been the first time they’ve done so, and the police may be intimidating the two men to prevent them from talking about it.

Moreover, you also have the unfortunate scenario where two men who may be the most important witnesses in Ryan Frederick’s trial are facing a slew of charges of their own, and basically at the mercy of the very police department their testimony could implicate.

Back in January, Chesapeake City Manager William Harrell hired an outside firm to conduct a top-to-bottom review of the city police department. So it seems clear that some officials in Chesapeake city government know there are problems. Given the circumstances of this case, though, and that a man’s life may be on the line, these latest allegations merit an outside investigation of Chesapeake PD, if not by Virginia Attorney General Bob McConnell, then by U.S. Attorney Chuck Rosenberg.

Prior archive of Frederick posts here.

As expected, Ryan Frederick was indicted by a grand jury for capital murder today.

So quite a bit of interesting information came out at yesterday’s Ryan Frederick hearing. First, four months after the raid, special prosecutor Paul Ebert now says he plans to file felony drug charges against Frederick. On what evidence? Who knows. Ebert didn’t elaborate. All the police found in the raid was a small amount of marijuana. To my knowledge, they still haven’t disclosed how much, though the initial charge (nolle prossed today) was a misdemeanor.

The police account of the raid as portrayed in the Virginian-Pilot today also differs pretty drastically from other accounts. A few items from the hearing worth noting:

Some potentially big news in the Chesapeake,, Virginia drug raid this past January that resulted in the death of Chesapeake PD Det. Jarrod Shivers, and sent 28-year-old Ryan Frederick to jail on murder charges.

Local news station WTKR reporter Stacy Smith was given access to letters Frederick has written to friends and relatives. From those, she has determined that the informant in the case is 20-year-old named "Steven." The station isn’t yet reporting the man’s full name. Chesapeake PD refuses to confirm his identity.

The informant was apparently dating the sister of Frederick’s fiance. Prior to the raid, Frederick and the informant got into an argument after Frederick accused him of stealing something from his home. According to Frederick, the informant threateningly promised he’d be back—which may explain the break-in just prior to the raid.

The informant has a shady past, including arrest for trespassing, a spotty employment history, and—most interestingly—a grand larceny arrest for credit card theft and credit card fraud just prior to the raid. After the raid, the grand larceny charge against the informant was dismissed. The fraud charge was set aside. The fraud charge was later reinstated. "Steven" was due in court to face that charge last week, but didn’t show. He’s now considered a fugitive.

Smith writes:

According to the affidavit for the search warrant that informant is the only source for the raid. There were no corroborating confidential informants. There was no surveillance. There were no undercover dope buys.

If Smith is correct, the police took the word of an unemployed guy with a grudge, a criminal record, and who had just been arrested for stealing credit cards, all in order to conduct a nighttime raid on a guy who had no prior record, and for whom neighbors and former employers have nothing but praise. They apparently did no corroborating investigation. A cop died as a result. And now they want to bring the hammer down on Ryan Frederick to account for their mistakes.

It’s increasingly looking like Ryan Frederick is not only innocent, but that he has a compelling civil rights suit against the city of Chesapeake and its police department.