This article was in today's Sac Bee (CA). I did a quick search for any previous articles about the original arrest/arrestee but came up empty.
Here's the link but it requires reg to read
www.sacbee.com/content/news/story/14098561p-14928392c.htmlNorCal_LEO - Have you heard anything about this?
Suit over arrest
Herb Collins spent months in jail before drug charges against him were dismissed. Now he is suing his accusers.
By Denny Walsh -- Bee Staff Writer
Published 2:15 am PST Saturday, January 21, 2006
Story appeared in Metro section, Page B1
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A south Sacramento man who spent nearly three months in jail before a judge dismissed charges against him has filed a federal lawsuit claiming police officers and county prosecutors wrongfully targeted him in a narcotics investigation.
Herb N. Collins claims in the suit that police officers raided his home last Feb. 1, terrorized his wife and two of his children, and arrested him on unfounded drug charges.
Because bail was set at $500,000, the 49-year-old Collins was forced to stay in jail until his preliminary hearing April 19.
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"At that time," according to the suit, "the real evidence surfaced and some of the city police defendants' misstatements and omissions were broug
ht to light, leading to the dismissal of the criminal action ... by Sacramento Superior Court Judge Gerald Bakarich."
The civil rights suit, filed Wednesday by attorney Stewart Katz on behalf of Collins and his wife, Rebecca Williams Collins, names as defendants the city; Sacramento Police Detective Kevin Patton; now-retired Officer John Trefethen; officers Michelle Schrum, Frank Reyes and Paul Schindler; police clerk Patricia Cassidy; Sacramento County District Attorney Jan Scully; and Deputy District Attorney Stephanie Leonard.
The suit alleges unreasonable search and seizure of property, false arrest and malicious prosecution, and seeks an unspecified amount of monetary damages.
Police Department spokesman Terrell Marshall referred all questions to the City Attorney's Office.
"We have not been served with the complaint," City Attorney Eileen Teichert said Friday. "We want to review it, so we don't want to comment right now."
Lana Wyant, spokeswoman for the District Attorney's Office, said Friday, "We haven't seen the lawsuit yet. So, until we see it, we really can't make any comment."
Collins said in a telephone interview that he was spotted by detectives in the company of a friend who was implicated in cocaine trafficking. It was on that basis, Collins said, that Patton obtained a warrant to search his home.
"It's the damnedest thing I've ever seen, and I'm almost 50 years old," Collins said.
Patton's affidavit in support of the warrant "was replete with significant misstatements and omissions, resulting in the improper issuance of the warrant," the suit alleges.
During what the suit alleges was the "ransacking and pillaging" of the home, "no drugs or drug paraphernalia were discovered. Moreover, drug-sniffing police canines were taken into the home and those canines confirmed the absence of any illicit drugs. Additionally, no paperwork or evidence was found suggesting, in any way, drug sales or use."
When officers entered the Collins home, Rebecca Collins and two children, ages 13 and 11, were held at gunpoint, the suit alleges.
Rebecca Collins, "who was wearing only her underwear (she was in the process of dressing for work at the time of the early morning raid) was handcuffed and made to lay face down in her living room in front of her children," the suit says.
"The children were screaming hysterically throughout the ordeal, so loudly that neighbors down the street reported hearing their cries."
Following Herb Collins' arrest, the suit contends, officers "employed wild speculation to mischaracterize the items seized."
For instance, police described paperwork relating to vehicle sales as indicative of drug sales, the suit says. It says Collins was a car salesman for nearly eight years before his arrest.
Officers also characterized resealable plastic bags containing Rebecca Collins' sewing patterns as drug packaging materials.
The officers omitted from their reports any reference to the canines' failure to detect even trace amounts of contraband, the suit says, and they withheld laboratory results confirming that drugs seized from the home were, in fact, prescription medication.
An air-powered BB gun belonging to Collins' 11-year-old son was described by officers as a firearm.
"In addition to these falsifications and gross exaggerations, the city police defendants also failed to provide exculpatory evidence to the district attorney and court," the suit claims.
For example, it says, "they suppressed critical witness statements and investigation reports" that confirmed the noncriminal nature of Collins' activities while under police surveillance.
Among the materials withheld was a statement containing exculpatory evidence taken from a witness who passed a polygraph examination administered by police investigators, the suit alleges.
Collins' vehicle, a 1997 Mercedes-Benz 500 SL, was seized in connection with the drug charges. Even though the charges were dismissed, the Police Department and Leonard turned the vehicle over to the lender, Patelco Credit Union.
Collins was current on his car payments and had a substantial amount of equity in the vehicle, and he is the registered owner. According to the suit, the public officials released the car to Patelco at the urging of Melvin Bell, a Patelco employee.
Bell and the credit union are both named as defendants.
"Patelco unlawfully and illegally obtained possession of Collins' vehicle and has refused to return it or the equity," the suit alleges.
Bell did not respond to a request for comment left at his office.
Collins' arrest and incarceration left him in a financial bind, and he received some assistance from a longtime friend in Phoenix, the suit relates.
Sacramento police officers learned of this and contacted Arizona law enforcement officers who informed the friend that his financial aid to Collins put him at risk of being prosecuted on drug charges, the suit says.
About the writer:
* The Bee's Denny Walsh can be reached at (916) 321-1189 or
[email protected].