Harold Wells: The former officer wants the court to overturn his convictions on grounds that feds allegedly obtained evidence unconstitutionally.
DENVER - Appeals court judges were skeptical of arguments made Thursday by both sides in the case of a veteran Tulsa police officer now in prison for crimes stemming from an investigation of police corruption.
Former Cpl. Harold Wells wants the 10th U.S. Circuit Court of Appeals to overturn his convictions on grounds that federal authorities allegedly obtained key evidence against him by unconstitutional surveillance.
Wells, 61, is serving a 10-year sentence for conspiracy to distribute and to possess with intent to distribute methamphetamine, conspiracy to steal federal money, aiding the theft of federal money and using a telephone to facilitate the commission of a drug crime.
A prosecutor conceded to the appellate judges that Wells never kept any of the federal money used by the FBI in stings in 2009 that targeted Tulsa police officers suspected of being corrupt.
The prosecutor, Assistant U.S. Attorney Patrick Harris, contended Wells' convictions should be upheld for other reasons.
Wells was among three officers and a federal agent sent to prison as the result of the investigation.
The judges were first skeptical Thursday about a key argument of Wells' attorney, Bill Lunn: that Wells had a constitutional right of privacy to expect that he would not be clandestinely recorded on video and audio by agents conducting the sting.
Agents did not have a court order authorizing the recording, resulting in an invasion of Wells' privacy, Lunn contends.
The judges of the Denver-based court challenged the argument.
"Where's the expectation of privacy?" Judge Scott Matheson asked, pointing out that the recordings were made, by hidden FBI equipment, in a Tulsa motel room where Wells thought he was investigating a drug dealer.
The "drug dealer" was an undercover FBI agent conducting the sting.
Prosecutors played only portions of the recordings for jurors as evidence in Wells' 2011 trial in federal court in Tulsa. Portions favorable to Wells were not played and that caused the evidence to be unfair, Lunn contended.
The judges also seemed skeptical about whether Wells was guilty of at least some of the charges.
They honed in on the fact that Wells, as Matheson stated it, "didn't get drugs or money (from the phony drug dealer for Wells' own benefit)."
"But (Wells) got people (involved in illegal drug activity) off the street for a while," the judge said. "That's a good thing, isn't it?"
Wells and other officers caught in the sting thought they were using the phony drug dealer to help lead them to other persons involved in crimes with the "dealer." The officers were suspected of stealing money and drugs from the "dealer."
Prosecutors said Wells and former Tulsa police detective John K. "J.J." Gray stole $2,000 of the sting money, but an officer later turned it in to the police department evidence room after the officers became suspicious that they were under investigation.
Former officer Jeff Henderson was sentenced to 42 months in prison on two counts of civil rights violations and six counts of perjury.
Judges of the same court heard arguments in November for his appeal. A decision is pending.
Gray was sentenced to four months in prison. He pleaded guilty to stealing government funds and testified against other officers as part of a plea deal.
Former U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives agent Brandon McFadden was sentenced to 21 months. He pleaded guilty to drug conspiracy and cooperated with prosecutors, testifying against other officers in the case.
The appeals court typically issues decisions several months after hearing arguments.
Original Print Headline: Judges skeptical in appeal for ex-cop
