Steroid Scandal - Scottsboro Police Department

The case of the Scottsboro Police Officer suspension and the legal ramifications of officer involvement related to Steroid  usage continues. In this WAFF Ch48 News Report on Monday, 28 November the issue of police credibility is raised concerning future legal proceedings.

"Lt. Shane Clark along with officers Gerald Mount, Jeremy Ake and Chris McIllwain were all suspended for using testosterone, a class-three controlled substance." http://www.waff.com/story/16139820/drug-cases-being-questioned-made-by-scottsboro-police-officers?autoStart=true&topVideoCatNo=default&clipId=6496754

It has been reported there will be a special report on this evening's WAFF, Ch48  News Cast concerning the case involving steroid usage by Scottsboro Police Officers. Ch48 broadcasts local news at 5PM and 6PM with NBC National News between broadcasts at 5:30PM.

"Under the United States federal law, anabolic-androgenic steroids are controlled substances. The Anabolic Steroid Control Act of 1990 loosely defined anabolic-androgenic steroids as “any drug or hormonal substance chemically and pharmacologically related to testosterone.” Said act exempts estrogens, progestins, and corticosteroids."

"This definition was modified by the Anabolic Steroid Control Act of 2004, which was signed into federal law in October 2004. Under this new law, prohormones are included in the definition and thereby classifying tetrahydrogestrinone (THG), androstenedione, and specified related chemicals as controlled substances. This same law, which took effect January 2005, also increased the penalty for its violators. Punishment for trafficking of anabolic steroids has been elevated from a misdemeanor to a felony."

There are no legal "over the counter" products in the United States containing Testosterone steroids. Use of Testosterone products without a prescription is a felony in accordance with State and Federal Law.

From the United States Department of Justice, National Drug Intelligence Center: "Yes, it is illegal to use steroids without a valid prescription or to distribute them. Steroids are Schedule III substances under the Controlled Substances Act. Schedule III drugs, which have a legitimate medical function, may lead to moderate to low physical dependence or high psychological dependence." http://www.justice.gov/ndic/pubs5/5448/

Previous blog articles with links: Nov 21, 2011- http://arklite.blogspot.com/2011/11/scottsboro-city-council-meeting-mayors.html  Nov 28, 2011 includes sit down discussion with Mayor and Police Chief concerning this issue. http://arklite.blogspot.com/2011/11/scottsboro-city-council-steroid-scandal.html


UPDATE: 6PM WAFF Ch 48 News Broadcast:  Court Records produced by WAFF News contains Internal Affairs investigation documents, pre employment screening documents demonstrating evidence of illegal drug usage and distribution of a controlled substance.  These documents point toward a cover-up by city officials concerning the use of illegal steroids by police.

"In an internal affairs document officer McIllwain advised Capt. Godrey, Capt. Capps, and Chief Ralph Dawe that he had used steroids in the past. It's also stated that McIllwain had injected himself with steroids on Sunday November 6th, just two days before meeting with them." ---> This file contains applicable records pointing toward illegal activity and the subsequent cover-up.  File link: PDF   "Officer McIllwain gave a written statement admitting to using testosterone without a prescription and getting it from officer Mount." WAFF story link: http://www.waff.com/story/16160033/evidence-points-to-illegal-steroid-use-in-by-scottsboro-officer 

Chief Dawe stated Monday in our sit-down discussion with him and the Mayor, "there was  insufficient evidence to initiate an arrest." The Mayor indicated the officers were taking steroids for body building purposes. There was a discussion of dietary supplements vs prescription drugs. However, after further inquiry and research there are no legal dietary supplements containing Testosterone.

Alabama law concerning steroid usage as a controlled substance may be found  at the ALABAMA STATE BOARD OF HEALTH, ALABAMA DEPARTMENT OF PUBLIC HEALTH, CHAPTER 420-7-2 CONTROLLED SUBSTANCES, Schedule III Controlled substances, line item (f) (1) Anabolic Steroids, Fed Code 4000. Link:  http://www.alabamaadministrativecode.state.al.us/docs/hlth/

Section 13A-12-211 Unlawful distribution of controlled substances.
(a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony.

Section 13A-12-212 Unlawful possession or receipt of controlled substances.
(a) A person commits the crime of unlawful possession of controlled substance if: (1) Except as otherwise authorized, he possesses a controlled substance enumerated in Schedules I through V.
(b) Unlawful possession of a controlled substance is a Class C felony  Code of Alabama link: http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/coatoc.htm

The lack of further investigation to facilitate an arrest establishes a precedent for two standards of law, one for public officials and one for the citizen. Previously in Scottsboro there have been unfortunate political decisions where crime by influential citizens is overlooked while the average Jane and Joe is prosecuted. Those who speak up about injustice, misconduct by politicians and unjust influence by influential citizens  have had to tolerate harrassment and illegal actions by authorities including law enforcement.

Daily Sentinel op-ed in defense of public official's actions: http://thedailysentinel.com/opinion/editorials/article_ca449a46-1ba3-11e1-b3c2-001cc4c03286.html

Hiding of police and public official misconduct, to include the covering up of crime by public officials, is unacceptable conduct. Some public officials do not learn the lessons of our history. Citizens must not forget these events as election time is just around the corner. Public official misconduct brings discredit on our community.

                           NEW POLICE DOG

                              (photo credit- eBaums world)

More damage control and excuses from the Daily Sentinel, Dec 1, 2011. Mayor says, "criticism of a cover up is unfounded." Also, it is revealed the steroid scandal has been ongoing for several months. "Three of the four Scottsboro police officers suspended after an internal investigation, admitted using steroids back in the summer, but not since." http://thedailysentinel.com/news/article_02197e40-1c72-11e1-8a7a-001871e3ce6c.html  What was it the Mayor said, "It is still my belief and policy that information concerning our employees is confidential as long as no crimes are committed." The illegal use of a controlled substance and the distribution of said controlled substances are against the law.

Garrity Rights Issue discussed in the Daily Sentinel article by District Attorney.
The Garrity Right is not a right to circumvent the prosecution of violations of the law by police or for that matter any public official. Nor does Garrity extend a free pass to not investigate criminal activity. In this case is there confusion concerning the components of protection and prohibition? There is a clear line between criminal investigations, criminal prosecution and administrative acts such as suspension and termination of employment.

The fact responsible public officials attempt to "muddy up the issues" utilizing Garrity Rights to cover-up criminal activity of police officers is problematic for the public officials involved. It is also a slap in the face of citizens and lady justice relative to equal protection under the law. Creation of 2 distinct criminal justice systems, one for public officials and one for the average citizen is not acceptable. More on the issue of Garrity Rights.   http://www.poam.net/legal/2008/garrity-right-protection-and-prohibition-triggered-by-compulsion/


Are the police and responsible officials not concerned where the anabolic steroids are originating? Why is there not an investigation into the issue of anabolic steroid abuse and distribution in Scottsboro? Why is there a coverup of these issues since "back in the summer?"

Scottsboro City Council - Steroid Scandal - Sit Down With Mayor Potter and Chief Dawe

Tonight was a regular meeting of the Scottsboro City Council.

Prior to the council meeting I sat down with Scottsboro Mayor Melton Potter and Chief of Police Ralph Dawe to discuss lingering concerns related to steroid abuse involving Scottsboro Police Officers. The following is a synopsis of that conversation.

I expressed my concern that the officer steroid scandal still looms as the question has not been answered concerning illegal steroid usage versus over the counter usage.

Paraphrased comments from Mayor Potter and Chief Dawe: The Officers involved work out with weights and apparently were taking diet supplements which contained steroids. Bad judgement is not the same as illegal use of prescription steroids. Any steroid usage is against department policy. As a result the violators of department policy were dealt with administratively. Chief Dawe assured me if he could prove the officers involved had violated any State or Federal Law, as difficult as it may have been, they would have been arrested.

Chief Dawe went on to say,  "this incident has damaged citizen trust and that trust must be earned." He assured me, and assures all, that the Scottsboro Police Department will do their best to insure citizen trust is earned and the Scottsboro Police Department will maintain high professional standards.

Mayor Potter stated,  "those involved will undergo enhanced drug screening for steroid usage. The officers involved are also receiving professional counseling."

I expressed concern to the Mayor that I thought he should inform the public of these additional facts as they are important and relevant to this situation and the public has a right to know all the facts concerning this case. The Mayor did not did not address the additional revelations at tonight's city council meeting.

I informed the Mayor and Chief Dawe that I would provide a synopsis of our meeting to the public.

Chief Dawe stated to me if anyone had any questions concerning this incident they could contact him at the Police Department and he would discuss any concerns with them.

Last Daily Sentinel article with discussion about the issue.  http://thedailysentinel.com/news/article_221c8c2a-148c-11e1-a808-001cc4c03286.html?cbst=42 

City Council Agenda, click on agenda for an expanded view.

Scottsboro City Council Meeting - Mayors Statement Concerning Scottsboro Police Officer Suspension - Controlled Substance Abuse

Tonight was a City Council work session.
The Agenda:  1. Presentation by Matt Adams of Regions Bank concerning 2002 bond issue refinance. Mr. Adams stated there would be a savings of approximately $65K to $75K. There would be no extension of time on the bond issue, this is a reduction of interest. Different scenarios were discussed concerning savings distributions. The council members agreed that a lump sum payment would be the best option and suggested the amount of savings be applied to purchase a new roof for the library. The issue cannot be refinanced until the First Call date on the bonds which is Feb. 2012. Closing on the refinancing may begin 90 days prior to the First Call date according to the Regions Bank Representative.  Morgan Keegan preliminary Upfront Debt Service Savings and Level Debt Service Savings charts. Click on image for an expanded view.

2.City Wide Radio System purchase. 217 new radios will be purchased off of the State Bid List costing $213,540.13. This purchase is scheduled to comply with new public service frequency changes mandated by the Federal Government. 3. City Financial Director assistant discussed.

City Council Member Smith, above, suggests there be an assistant Finance Director appointed to fill in for Mr. Rick Wheeler in the case of an absence or the incapacitation of Mr. Wheeler (pictured below).

4. Emergency Planning discussion. The Mayor played a video produced by the Alabama League of Municipalities concerning the importance of disaster planning and mitigation.

      SCOTTSBORO POLICE,  STEROID SCANDAL

Reports: Mayor Melton Potter (pictured below) released a public statement concerning the incident involving the suspended Scottsboro Police Officers first reported in the Scottsboro Daily Sentinel on Wed., Nov 16, 2011. The story has also been extensively reported on WAFF, Ch 48 News.

Mayor Potter's Statement: "On November 9, 2011, after an internal investigation, four Scottsboro Police Department Officers were suspended without pay for the use of Testosterone. Lt. Shane Clarke, Officer Gerald Mount were suspended for 4 shifts. Officers Chris McIllwain and Jeremy Ake were suspended for 3 shifts."

"It is mine and Chief Dawe's belief that these are isolated incidents and are not indicative of an inherent problem within the department."

"I have complete confidence in the abilities of Chief Dawe and his staff concerning this investigation. We do not expect to uncover any more information concerning this matter at this time."

"The names and reasons for the suspension became public this morning in a court proceeding and that is why I am releasing this information at this time. It is still my belief and policy that information concerning our employees is confidential as long as no crimes are committed."

                               Police Chief Ralph Dawe

News Links concerning the Scottsboro Police Officer suspensions:  Daily Sentinel: http://thedailysentinel.com/news/article_221c8c2a-148c-11e1-a808-001cc4c03286.html?cbst=14  Nov 15, 2011 article: http://thedailysentinel.com/news/article_0fe53d78-0fdb-11e1-899c-001cc4c002e0.html


WAFF TV News: http://www.waff.com/story/16096228/scottsboro-police-officer-admits-to-using
http://www.waff.com/story/16060220/n  video link: http://www.waff.com/global/video/flash/popupplayer.asp?ClipID1=6477425&h1=Scottsboro%20Police%20Officer%20admits%20to%20using%20anabolic%20steroids&vt1=v&at1=News&d1=90166&LaunchPageAdTag=SearchResults&activePane=info&rnd=55288226
WAFF link with PDF of court documents: http://www.waff.com/story/16060220/n


Update Nov. 22, 2011 from WAFF: "Scottsboro mayor confirms illegal steroid abuse among officers -On Tuesday, Scottsboro's mayor finally confirmed the information after saying there was no cover up and no crime committed."   http://www.waff.com/story/16105675/scottsboro-mayor-confirms-illegal-steroid-abuse 

If you do not think there is something wrong with steroid usage, read these comments about what the "juiced up" community has to say about the police officers wife. Shocking comments from the "juiced up" community about the steroid usage by Scottsboro Police Department officers: "Cop's wife snitches on her husbands steroid use:" http://www.steroidology.com/forum/general-chat-forum/612855-cops-wife-snitches-her-husbands-steroid-use.html

November 2011 edition of the "Police Chief's Magazine:"

"Anabolic Steroid Use and Abuse by Police Officers: Policy & Prevention: In addition to the normal health concerns, there is one further issue when discussing abuse of steroids by those in the law enforcement profession. Officers carry weapons, are authorized to use lethal force, and are often involved in physically controlling or restraining people... Considering the legal issues, health effects, and commensurate costs associated with inappropriate use, agencies should proactively address this issue. Rather than look back on what could be an embarrassing “steroid era” of law enforcement—one in which the profession might be riddled with lawsuits, corruption, and claims of heavy-handedness—it is critical to address the current and future impact of this issue head-on." http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=1512&issue_id=62008

National Problem - rampant steroid drug abuse by police linked to ‘roid rage, epidemic police brutality, and excessive use of force , possibly 25% of police on steroids: http://prof77.wordpress.com/2010/12/30/police-steroid-drug-abuse/ 

DEA
Steroids are a Controlled substance which falls under the Federal Controlled Substances Act. From the DEA: "Drugs controlled under the Controlled Substances Act, CSA, include opiates, hallucinogens and central nervous system stimulants and depressants. In addition, as a result of the passage of the Anabolic Steroid Control Act of 1990, anabolic steroids, as a class of drugs, were placed under the CSA effective February 27, 1991."
Link: http://www.deadiversion.usdoj.gov/fed_regs/rules/2005/fr1216.htm

More information from the DEA on Law Enforcement Abuse of Steroids. "Despite the illegality of taking steroids without a prescription and the known dangers of steroid abuse the problem continues to grow in the law enforcement community. Steroid Abuse by Law Enforcement Personnel - A Guide For Understanding The Dangers Of Anabolic Steroids-" http://www.deadiversion.usdoj.gov/pubs/brochures/steroids/lawenforcement/