Lawman loses job over case handling

Sat on evidence, prosecutor says

The Mayflower police chief fired an officer Tuesday after a prosecutor said the patrolman had withheld evidence that tended to exonerate a woman accused of stealing supplies for tornado victims in Mayflower and Vilonia.

Officer Mark Winchester arrested Melissa Brown, who then lived in Cabot, on May 17 on suspicion of theft of property. She was accused of stealing supplies such as food, bottled water and paper towels that were intended for survivors of the April 27 tornado that heavily damaged parts of Pulaski, Faulkner and White counties.

There is no phone listing for Winchester in directory assistance for Mayflower or Conway, and he was not reached for comment.

Prosecuting Attorney Cody Hiland of the 20th Judicial Circuit never charged Brown with a crime and on Tuesday released a copy of a May 12 letter in which a Mayflower minister had thanked Brown for helping in the storm-relief efforts.

"I think the evidence supports the idea that she was there to help and did help," Hiland said in an interview.

Winchester, who had worked full time for the Mayflower Police Department since Feb. 18, was fired after Hiland told Police Chief Robert Alcon that the prosecutor's office would no longer accept felony case submissions from Winchester.

In an Aug. 22 letter to Alcon, Hiland wrote, "As you recall, in our meeting with Officer Winchester concerning his investigation of Melissa Brown, it was discovered he had intentionally withheld exculpatory evidence from my office."

Exculpatory evidence refers to that which shows or tends to show a defendant is innocent.

"That sort of behavior from an officer sworn to protect his community is unacceptable and will not be [tolerated] by this office," Hiland added. "It places your city and my office at risk of civil and/or criminal liability and, worse, undermines the trust of the community and our local law enforcement had worked and bled to earn."

Little Rock attorney Bill James said Brown, whom he represents, had previously been deployed to Iraq, but he could not recall in which military branch she had served. In the military, he said, she had gained experience dealing with disasters and wanted to help in Mayflower after the tornado.

She had been in a relationship with Winchester's son and had just broken up with him when the arrest occurred, James said.

Brown still lives in Arkansas but is moving and does not want her new hometown released, nor does she want to talk with reporters, James said.

In a faxed message to Alcon early Tuesday, Terry Ballard, a North Little Rock lawyer who is the Mayflower city attorney, wrote that, based on his review of the Mayflower Municipal Code and Hiland's letter, "Winchester's employment is both legally and practically not in the City's best interest."

If Alcon agreed, Ballard said, Alcon should notify Winchester of his immediate termination.

In a two-paragraph letter shortly thereafter, Alcon told Winchester, "Because you have lost your effectiveness and credibility with the [Prosecutor's] Office, effective immediately your employment ... is terminated."

In the interview, Hiland said, "Law enforcement officers are like anyone else. They make mistakes. ... This is one of those things that you don't come back from from my perspective. If you have evidence that tends to prove someone is innocent ... and you withhold that, that is not one of those situations where you get a second chance. ... We're not going to put you on a witness stand; we're not going to have faith in the officer's testimony at that point."

Hiland released the letter to Brown from the Rev. Rick Wilkins, pastor at Mayflower United Methodist Church, in response to a request under the Arkansas Freedom of Information Act.

In that letter, Wilkins thanked Brown for her "tireless efforts to serve our community and the hundreds of disaster response volunteers."

"You made a significant contribution in demonstrating Christian love and ministry in action," he added.

State Desk on 08/27/2014

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