The Virginian-Pilot
©
NORFOLK
Efforts to clear the names of former sailors known as the Norfolk Four have been thwarted by reluctant witnesses and a police policy that prevents officers from speaking with defense investigators, court documents filed by one of the men states.
Investigators for the former sailors say in court papers filed this week that former Norfolk police officers, lawyers and witnesses have been "extremely reluctant" to provide information about retired Detective Robert Glenn Ford.
People who worked with or knew Ford said they fear retaliation from employers and co-workers, and even possible criminal prosecution, according to a petition in Norfolk Circuit Court by attorneys for Danial Williams.
At least one active-duty officer wants to speak out but has been denied by a standing policy that bars police from cooperating with defense investigators without permission from Norfolk's police chief, the petition states.
Norfolk Police spokesman Chris Amos confirmed the policy, saying that officers may not talk to the investigators because the Norfolk Four cases remain active. Amos declined to comment on the specifics of Williams' case.
Attorneys for the Norfolk Four believe new information about Ford's misconduct could help prove four men convicted in the 1997 rape and murder of a Navy wife are innocent, according to appeals filed with state and federal courts.
Williams was among the three ex-sailors convicted of the rape and murder of Michelle Moore-Bosko, 18. A fourth ex-sailor was convicted of only the rape. A fifth man, Omar Ballard, confessed to committing the crime alone, and only his DNA was found at the scene. The Norfolk Four have since argued in legal appeals that they were coerced into confessing by Ford, a lead investigator on the case.
Then-Gov. Timothy M. Kaine granted three of the men limited pardons and they were released from prison in 2009. The men, on probation and registered sex offenders, are now seeking to have the convictions overturned.
Ford spent nearly 30 years on the Norfolk police force and retired in 2007 after investigating hundreds of homicides in the city. He was convicted in federal court in October of extortion, conspiracy to commit extortion, and making a false statement to federal investigators for actions that occurred between 2003 and 2007.
Ford is scheduled to be sentenced next month.
Williams' attorney filed a sworn statement in November that stated an anonymous source told investigators that Ford said he believed the Norfolk Four were innocent.
Lawrence Woodward, Ford's attorney, said his client denies ever saying that.
Circuit Court Chief Judge Everett A. Martin ordered Williams' attorneys to provide specific proof - names and sworn statements - from people making such allegations against Ford. Martin also struck from the court record several charges from unnamed sources about misconduct by Ford.
The court filing this week was in response to Martin's Jan. 11 deadline. Williams' attorneys are also requesting in the court papers additional relevant documents from the Norfolk commonwealth's attorney's office, Police Department, City Jail and Sheriff's Office.
Frank Stokes, a former FBI investigator hired by attorneys for the Norfolk Four, wrote in a sworn statement filed with the court that he and another former federal agent have interviewed former and current Norfolk officers, defense attorneys and former prosecutors from the Norfolk commonwealth attorney's office.
They have also interviewed witnesses, defendants and informants used by Ford in several cases, Stokes wrote. "A number of the individuals we have spoken with during the course of our investigation have been extremely reluctant to provide us with information about Detective Ford," Stokes wrote in his affidavit. He added that some are afraid of retaliation from employers or co-workers.
"Some even fear they will be prosecuted if they disclose information they possess about Detective Ford, including information about misconduct engaged in by Detective Ford during the course of his official duties, " Stokes wrote.
One current Norfolk officer wanted to speak with Williams' investigators but was denied permission by Chief Bruce Marquis, Stokes wrote.
According to the Police Department's written policy, known as general orders, police are prohibited from speaking with defense attorneys or their civilian investigators about evidence in pending criminal and civil actions.
In certain cases, officers may discuss cases with defense attorneys, but only after the chief approves the meeting, the policy states. It was signed by Marquis in September 2009 and approved by the city manager and city attorney.
Woodward, Ford's attorney, said his client maintains that "he was completely honest" in the investigation into the rape and murder of Moore-Bosko.
Woodward declined to comment on the allegations from anonymous sources in the court filings.
Louis Hansen, (757) 446-2341, louis.hansen@pilotonline.com
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Give the Norfolk Four Their Good Names Back
Sign this petition to Virigina Officials to vacate the convictions of the Norfolk Four: http://criminaljustice.change.org/petitions/view/pardon_the_norfolk_four
A conditional pardon isn't good enough. These men are not "free" until they get their good names back and no longer have to register as "sex offenders" (Try getting a job with that on your application.) Ford will be sentenced on Feb 25, 2011. What kind of time will he get? A paltry few years like the sentence given to Chicago's Retired Police Chief Burge? Burge is alleged to have led a "Midnight Crew" of detectives on the South Side using electric shock, smothering and other torture techniques to force confessions to murders. I hope VA can do better for its people in this case.
ChicagORF Politics?
V.P. backed by $5.5 Billion, you have the power of the Press- Full Court.
all these people
were supposed to be in a room where they had sex with a woman and murdered her and there is not one shred of DNA evidence. Yea right. These people are innocent and everyone knows it. Here's what really happened. Mayor calls Police Chief and say's we need to make this go away. Make it happen. When a lot of former LEO's like directors of FBI and other knowledgeble people say's these sailors didn't do it guess what. They didn't do it. They are innocent.
Co-operation
It says one officer wants to co-operate but the Police chief won't let him. Is this cover up Nr 1 or Nr 2 for Norfolk Police this year. The dead trainee is shaping up nicely too. What is going on in Norfolk. The POlice chief needs to be fired if he won't allow the officer to testify in what has proven to be a bad cop story. The detective in question is to be sentenced soon.
Apples and oranges
I agree that the N4 are innocent; however, the things that Ford was convicted for occurred in 2003 and later; he investigated the N4 in 1997 (before Marquis, btw) and his conduct has been scrutinized up and down the state and fed court system with no finding that he violated anyone's rights. The N4 lawyers are trying to tie their clients' cases to Ford's conviction by an invisible string of multilayer hearsay, and the judge isn't having it. If they produce evidence to show a connection, the judge will allow them to depose whomever has relevant knowledge, including current and former cops. The law doesn't allow every convict to go on a fishing expedition to undermine their conviction, nor should it.
Precedent
Why doesn't Norfolk emulate Va Beach and claim sovereign immunity? After all, it worked for a wrongful death "incident", so why wouldn't it work for wrongful arrest? But, the police must be able to ensure that they are covered, and that each will have the other's back. Therefor the reluctanc to cooperate.
Knowing!
Know many present and former police officers, and other people associated within the Norfolk justice system. To a man each was of the opinion that the Norfolk 4 are innocent, and that former Detective Ford is getting what he deserves.
Ford wasn't the prosecutor
Just like it says at the beginning of each Law & Order, there are 2 SEPARATE but equally important elements of the criminal justice system.
what active investigation
This Cop has been convicted and is awaiting sentence for his crimes, His career is over and his reputation is ruined so why make 4 men suffer anymore??? Norfolk is just worried about being sued!, If the Norfolk 4 would give them Immunity from being sued maybe the Chief would allow people to talk??, Maybe he is also worried about being sued since he was in charge??, Wait he may be worried that his retirement check may be taken away! The rest of the Officers should line up to prove to the citizens that they are HONEST.
This is possibly one the
This is possibly one the biggest cases of CYA I've ever heard of. If you live in norfolk you watch your step because you could be next. The policy makers, the Lord High Muckey_Mucks have spoken, and if you know whats good for you..............................................