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Smith, Berry trade blows over alleged ethics violation
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| SHERIFF BILL SMITH addresses the media Thursday morning at the sheriff's office's substation in St. Marys. Smith called the news conference to comment on several recent issues involving his department, including the use of seized asset funds and the return of Capt. Wesley Walker to work this week. (Tribune & Georgian staff photo) |
By Emily Goodson
The ongoing clash between county Commissioner Steve Berry and Sheriff Bill Smith came to a head this week. Smith recently filed a complaint with the State Bar of Georgia alleging that Berry violated state ethics guidelines by representing a man charged in November 2007 with trafficking marijuana while at the same time serving as a county commissioner.
Smith's complaint states that Berry's position as a commissioner makes it unethical for him to represent Orlando Zamora-Garcia, who deputies stopped twice in late 2007. During the first stop, deputies seized the tractor-trailer Garcia was driving and a condemnation suit was filed in Camden County Superior Court.
"In the seizure action pending before the court regarding the commercial vehicle, the financial interest to the county, should the seizure be successful, is quite large," Smith's letter to the bar states. "If Mr. Berry is to successfully defeat the seizure, as he should for the interests of his client, then his responsibility to the citizens that elected him are placed second to his own interests in the form of a fee he charges the client."
However, Berry said Thursday that he in fact does not represent Garcia in the civil condemnation case.
"I'd consider that a problem as a county commissioner to do that," he said. "I know where the line is."
Berry said he is Garcia's lawyer in the criminal case in which Garcia is charged with trafficking marijuana. He also said that Smith knew that he was not representing Garcia in the civil case and still filed the ethics complaint.
"He just flat out lied," Berry said. "It's typical Bill Smith."
Berry's response letter to the State Bar of Georgia states that Smith filed the ethics complaint as a way to get back at Berry for his recent criticisms of the sheriff's office.
"I am the sheriff's most outspoken critic," the letter states. "I assume this Bar complaint is the sheriff's way of striking back."
Smith's complaint also alleges that Berry spoke with deputies at the scene of Garcia's second traffic stop, something Berry said is not true. Berry said he did speak with Garcia via telephone during the stop and told Garcia to cooperate with the officers.
"I advised him that they had the right to search his vehicle," Berry said.
The ethics complaint is just the latest in a series of conflicts between Berry and the sheriff's office stretching back over the last year.
Just last month, a request by deputies for $84,000 to buy four new patrol vehicles failed after a 2-2 vote by the board of commissioners. Berry and Vice Chairwoman Katherine Nisi Zell voted to deny the request, while Commissioner David Rainer and Chairman Preston Rhodes voted to grant it.
Commissioner Charlene Sears abstained from the vote due to her status as a sheriff's office employee.
Smith said the failed vote has only put officers' lives in danger by forcing them to use patrol vehicles that are unsafe. Each of the cars currently has between 200,000 and 300,000 miles, he said.
"I rode in one the other day that broke down," he said. "We had to call someone to come get us."
Without the board's approval for four new cars, the sheriff's office will be forced to wait until the next fiscal year, which begins July 1, before purchasing the cars.
Before the vote, Berry questioned why seized asset funds - monies seized from drug dealers and returned to the department to supplement its budget - could not be used to buy the vehicles.
Smith said Thursday that the state and federal seized asset accounts have been drained due to high fuel costs and outstanding bills. He estimated that the state account currently contains about $30,000 while the federal account contains between $80,000 and $100,000.
The accounts have not been replenished, he said, because the trend of drug dealers sending cash up the interstate system to contacts in other areas has slowed, resulting in fewer currency seizures. Today, most drug dealers transfer large amounts of cash electronically, Smith said Thursday.
The recent board of commissioners meeting was not the first time Berry questioned the sheriff's use of the seized assets accounts.
In the past, Berry has criticized Smith and his department for using the seized drug funds to pay for employees' educations and to pay inmates for their work around the jail.
Smith said the funds were used legally to benefit the residents of Camden County.
"We have done a lot of good things with the seized assets that we've taken from the drug dealers," he said. "We've purchased cars [to patrol Camden County]; we've purchased cars for other agencies that we have mutual aid agreements with."
Over the last year, Berry also has criticized the sheriff's office's use of its budget and of inmate labor.
Smith's complaint states that Berry's position as a commissioner makes it unethical for him to represent Orlando Zamora-Garcia, who deputies stopped twice in late 2007. During the first stop, deputies seized the tractor-trailer Garcia was driving and a condemnation suit was filed in Camden County Superior Court.
"In the seizure action pending before the court regarding the commercial vehicle, the financial interest to the county, should the seizure be successful, is quite large," Smith's letter to the bar states. "If Mr. Berry is to successfully defeat the seizure, as he should for the interests of his client, then his responsibility to the citizens that elected him are placed second to his own interests in the form of a fee he charges the client."
However, Berry said Thursday that he in fact does not represent Garcia in the civil condemnation case.
"I'd consider that a problem as a county commissioner to do that," he said. "I know where the line is."
Berry said he is Garcia's lawyer in the criminal case in which Garcia is charged with trafficking marijuana. He also said that Smith knew that he was not representing Garcia in the civil case and still filed the ethics complaint.
"He just flat out lied," Berry said. "It's typical Bill Smith."
Berry's response letter to the State Bar of Georgia states that Smith filed the ethics complaint as a way to get back at Berry for his recent criticisms of the sheriff's office.
"I am the sheriff's most outspoken critic," the letter states. "I assume this Bar complaint is the sheriff's way of striking back."
Smith's complaint also alleges that Berry spoke with deputies at the scene of Garcia's second traffic stop, something Berry said is not true. Berry said he did speak with Garcia via telephone during the stop and told Garcia to cooperate with the officers.
"I advised him that they had the right to search his vehicle," Berry said.
The ethics complaint is just the latest in a series of conflicts between Berry and the sheriff's office stretching back over the last year.
Just last month, a request by deputies for $84,000 to buy four new patrol vehicles failed after a 2-2 vote by the board of commissioners. Berry and Vice Chairwoman Katherine Nisi Zell voted to deny the request, while Commissioner David Rainer and Chairman Preston Rhodes voted to grant it.
Commissioner Charlene Sears abstained from the vote due to her status as a sheriff's office employee.
Smith said the failed vote has only put officers' lives in danger by forcing them to use patrol vehicles that are unsafe. Each of the cars currently has between 200,000 and 300,000 miles, he said.
"I rode in one the other day that broke down," he said. "We had to call someone to come get us."
Without the board's approval for four new cars, the sheriff's office will be forced to wait until the next fiscal year, which begins July 1, before purchasing the cars.
Before the vote, Berry questioned why seized asset funds - monies seized from drug dealers and returned to the department to supplement its budget - could not be used to buy the vehicles.
Smith said Thursday that the state and federal seized asset accounts have been drained due to high fuel costs and outstanding bills. He estimated that the state account currently contains about $30,000 while the federal account contains between $80,000 and $100,000.
The accounts have not been replenished, he said, because the trend of drug dealers sending cash up the interstate system to contacts in other areas has slowed, resulting in fewer currency seizures. Today, most drug dealers transfer large amounts of cash electronically, Smith said Thursday.
The recent board of commissioners meeting was not the first time Berry questioned the sheriff's use of the seized assets accounts.
In the past, Berry has criticized Smith and his department for using the seized drug funds to pay for employees' educations and to pay inmates for their work around the jail.
Smith said the funds were used legally to benefit the residents of Camden County.
"We have done a lot of good things with the seized assets that we've taken from the drug dealers," he said. "We've purchased cars [to patrol Camden County]; we've purchased cars for other agencies that we have mutual aid agreements with."
Over the last year, Berry also has criticized the sheriff's office's use of its budget and of inmate labor.
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