greencup
May 19th, 2001, 08:13 PM
May 18, 2001
A local judge will soon decide whether to allow the defense in a high-profile theft case access to materials used in securing an indictment against a former State Trooper.
The defense for former Trooper Brian Grimmett accused prosecutors of singling Grimmett out from among several Department of Public Safety (DPS) employees implicated in a satellite television theft scandal.
Grimmett attorney Tommy Drake made the accusations at a hearing Thursday, telling Circuit Judge Don Hardeman his client must have access to certain DPS documents in order to substantiate the selective prosecution claim.
The hearing was held to discuss a motion for discovery Drake had filed earlier this month.
Prosecutor Matt Hart, of the state Attorney General’s white collar crime division, said Drake had offered no proof in his motion that would uphold his accusations.
“There is not one shred of evidence to support this claim,” said Hart. “They have failed to meet the statutory requirements for selective prosecution.”
Hart said Drake had pandered to the media in an attempt to generate public sympathy for Grimmett.
“The only place he really ever filed this motion was with the press,” he said.
Drake asked Hardeman to order prosecutors to hand over any related memos, notes and other documents generated by the Alabama Department of Public Safety.
Grimmett was terminated from his position after an internal investigation implicated him and others in the alleged sale of satellite television cards, which allow viewers free access to the full range of satellite programming.
According to Drake, DPS officials left a paper trail during its internal investigation that would prove other officers allegedly involved in the scandal received little or no punishment.
“In this case, we can prove there were other similarly situated individuals who have not been prosecuted,” he said.
“The only reason Mr. Grimmett was prosecuted is that he exercised his statutory and First Amendment right not to cooperate with the agency.”
Hart denied that claim, saying he pursued indictments against Grimmett because, unlike some others involved, he sold the cards for a profit.
Grimmett, along with former dispatcher Mary Jane Terry, former Trooper Eddie Owen, and private citizen Gary Miller were indicted last month on charges of acts against computer and theft of property.
“They were going into business together,” Hart said. “I prosecute not the ones who only were in possession of these things [satellite TV cards], but those who were making them and selling them.
“It’s my job to try to preserve the integrity of the system, and that’s why I am prosecuting Mr. Grimmett.”
Hardeman will rule on Drake’s motion at a later date. Grimmett’s trial, slated for May 21, has been postponed until June due to a scheduling conflict with the prosecution.
A local judge will soon decide whether to allow the defense in a high-profile theft case access to materials used in securing an indictment against a former State Trooper.
The defense for former Trooper Brian Grimmett accused prosecutors of singling Grimmett out from among several Department of Public Safety (DPS) employees implicated in a satellite television theft scandal.
Grimmett attorney Tommy Drake made the accusations at a hearing Thursday, telling Circuit Judge Don Hardeman his client must have access to certain DPS documents in order to substantiate the selective prosecution claim.
The hearing was held to discuss a motion for discovery Drake had filed earlier this month.
Prosecutor Matt Hart, of the state Attorney General’s white collar crime division, said Drake had offered no proof in his motion that would uphold his accusations.
“There is not one shred of evidence to support this claim,” said Hart. “They have failed to meet the statutory requirements for selective prosecution.”
Hart said Drake had pandered to the media in an attempt to generate public sympathy for Grimmett.
“The only place he really ever filed this motion was with the press,” he said.
Drake asked Hardeman to order prosecutors to hand over any related memos, notes and other documents generated by the Alabama Department of Public Safety.
Grimmett was terminated from his position after an internal investigation implicated him and others in the alleged sale of satellite television cards, which allow viewers free access to the full range of satellite programming.
According to Drake, DPS officials left a paper trail during its internal investigation that would prove other officers allegedly involved in the scandal received little or no punishment.
“In this case, we can prove there were other similarly situated individuals who have not been prosecuted,” he said.
“The only reason Mr. Grimmett was prosecuted is that he exercised his statutory and First Amendment right not to cooperate with the agency.”
Hart denied that claim, saying he pursued indictments against Grimmett because, unlike some others involved, he sold the cards for a profit.
Grimmett, along with former dispatcher Mary Jane Terry, former Trooper Eddie Owen, and private citizen Gary Miller were indicted last month on charges of acts against computer and theft of property.
“They were going into business together,” Hart said. “I prosecute not the ones who only were in possession of these things [satellite TV cards], but those who were making them and selling them.
“It’s my job to try to preserve the integrity of the system, and that’s why I am prosecuting Mr. Grimmett.”
Hardeman will rule on Drake’s motion at a later date. Grimmett’s trial, slated for May 21, has been postponed until June due to a scheduling conflict with the prosecution.