Phoenix police e-mail case ends without charges - August 28, 2004

Mail Tribune (Medford, OR — Wayback)

2004-09-17

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60 °F Forecast | Road Cams Friday, September 17, 2004   Today's News | Classifieds | Autos | Homes | Jobs | Tempo | Health | Community | Home Delivery   SECTIONS Home Page Local News Sports Business Obituaries   Life   Opinion - Politics   Tempo   AP News   Weather   Classified   Archives   Site Map   SPECIAL SECTIONS   Since We Asked   Outdoor Journal   How To Guide   Wellness Connection   Readers' Choice   Real Estate Showcase   Joy Magazine   Homelife Magazine   Wedding Guide   Rogue Valley's Finest   EXTRA   Newspaper in Education   Personals   Movie Times   TV Times   E The People   MARKETPLACE Find a Car Find a Home Find a Job Classifieds Place an ad  eSouthernOregon Automotive Communities   Entertainment   Publications   Recreation   Calendar   CUSTOMER SERVICE Frequent Questions Advertising Information Home Delivery Employment Contact Us Media Kit   Network Affiliate Oregon Road Conditions & Cams Email Story to a Friend August 28, 2004 Phoenix police e-mail case ends without charges By SARAH LEMON Mail Tribune A Phoenix police officer accused of writing misleading e-mails under a fellow officer’s name will face no criminal charges. An Oregon State Police investigation lacked sufficient evidence to file a charge of identity theft against officer John Koury, said Ed Caleb, Klamath County district attorney. The case was referred out of Jackson County to avoid a conflict of interest. Signed with the name of former reserve officer Mark Dennison, the suspect e-mails claimed responsibility for a host of anonymous letters previously sent to the media and city officials. The typed letters alleged ethics and policy violations in the city's government and police department. The e-mails — sent to the Mail Tribune in December — refuted those claims. Attempts to verify the e-mails’ authenticity alerted Dennison, who notified state police and Phoenix Police Chief Bob Kershaw. The chief fired Dennison about two months later. "The atmosphere at the police station combined with all this ... The jury isn’t going to come back with a conviction," Caleb said. Advertisement Suspecting Koury authored the e-mails, Dennison searched the officer’s locked file cabinet and found printed copies of the e-mail messages inside. However, investigators had no way of corroborating Dennison’s story because he was alone at the police department when he made the find, said OSP detective Bruce Phillips. Because Dennison searched Kershaw’s desk to obtain keys for the file cabinet, a jury may have doubted his credibility, Caleb said. The Yahoo Internet account that transmitted the e-mail messages was created at the police department, Phillips said. But the computers — shared by several officers — could not be linked to a particular employee. A short interview with Koury gave state police no additional information, Phillips said. The veteran officer is on a yearlong leave of absence working in Afghanistan under contract with the U.S. government, Kershaw said. Koury was suspended a year ago while the department investigated misconduct allegations against him, including using a city patrol car on personal business and sleeping on duty. After several months off the job during the course of the inquiry, Koury was reinstated. Dennison said he was frustrated by Caleb’s decision, but it will not affect his pursuit of a wrongful termination claim against the city and Kershaw. Dennison’s suit alleges that the chief unlawfully fired him after he reported the suspicious e-mails. He is seeking $1 million in damages. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected] . Mail Tribune Home Local News  | Sports  | Business  | Obituaries  | Life Opinion - Politics | AP News | Archives  |  Site Map   E Southern Oregon  | Classified   Copyright © 1997-2004 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback   ADVERTISERS A D V E R T I S E R S SPECIAL SECTIONS Auto Finder Job Finder Home Finder Joy Magazine Homelife Magazine Tempo Readers' Choice Real Estate Showcase Since We Asked Outdoor Journal Moving to Southern Oregon? Volunteer Opportunities