Feds Drop Charge Against Security Aviation, Claim Local LEO Threatened Investigation

[FN FAL]

Being charged with something that isn't a crime, isn't that interesting? Probably another reason to invoke your rights when you might not be too sure as to what is going on.

http://www.adn.com/news/alaska/story/7685546p-7597118c.html

Feds drop charge against Security Aviation

CHARGE DROPPED: Feds agree not to pursue attempt to possess rocket launchers.
By LISA DEMER and RICHARD MAUER
Anchorage Daily News
Published: May 2, 2006

With the trial less than two weeks away in the Security Aviation rocket launcher case, the defense has gotten a boost from the prosecution's decision to seek dismissal of one of the charges.

And, in a separate development, Anchorage police have found no merit to a sensational allegation that one of their own told a federal law enforcement official to back off from Security Aviation.

Security Aviation, an air charter and medevac business, and one of its executives, Rob Kane, face a May 15 trial date on federal weapons charges. They are accused of illegally possessing and transporting rocket launchers. Kane additionally is charged with conspiracy.

Both also were indicted on a charge of attempting to possess rocket launchers, the count that prosecutors now want to dismiss "to narrow the focus of the trial to Alaska-specific issues," Attorney Steve Skrocki wrote in his motion. Defense lawyers also sought the dismissal, on the grounds that attempting to possess such a weapon is not a crime.

Dropping one count is "a good legal victory for us," said Kane defense lawyer Paul Stockler.

Prosecutors declined to address the significance of the move but say they are ready for trial on the remaining counts.

Kane and Security Aviation made a $5,000 down payment in September to a Philadelphia company called Astradyne Inc. for four launchers and four external fuel tanks that cost $18,720, an April 18 indictment asserted. But they only received two launchers, seized during a Feb. 2 raid of Security Aviation's Palmer hangar, according to the FBI.

On Monday, U.S. Magistrate Judge John D. Roberts followed up on the prosecution request and issued an order recommending that the attempted possession count be dismissed. U.S. District Judge John W. Sedwick ultimately must approve.

Roberts declined a defense request to dismiss the remaining counts. He has yet to rule on other requests by the defense to suppress evidence seized by the FBI, including the rocket launchers.

The other development concerns an encounter between a local police officer and a federal law enforcement official. In an affidavit, an FBI agent described the encounter as a veiled threat by the police officer.

But an internal Anchorage police investigation into the matter concluded it was all a misunderstanding, said deputy police chief Audie Holloway.

FBI special agent Matthew Campe wrote in his affidavit seeking a search warrant that a witness in the case -- a former deputy U.S. marshal -- was told by the Anchorage officer to stop "putting your nose where it doesn't belong" when it came to Security Aviation.

The police officer went on to tell the federal official that "a lot of people think this is a good thing. There is a lot of money being spread around and going through banks in this town, 162 million dollars at one bank."

The deputy marshal's recollection of the interview was documented in a written report he filed.

But the report, obtained by Anchorage police, was ambiguous, Holloway said. The local officer was trying to convey that there were suspicions about Security Aviation, he said.

"It wasn't intended as any kind of threat," the deputy chief said. "What he said was basically in general terms: This is suspicious."

The local officer didn't moonlight for Security Aviation and didn't have financial ties or other reasons to try to protect the company, Holloway said.
He wouldn't name the Anchorage police officer because the matter is considered a personnel issue. He also wouldn't identify the federal official.

The affidavit also didn't provide the names. But in a subsequent court hearing, the deputy marshal was identified as Gordon Bittner, who now works as an investigator with Alaska State Troopers.

Bittner has declined to comment because of the ongoing investigation into Security Aviation.

Bittner's role in the Security Aviation case has been questioned by the defense. At a Feb. 7 hearing, Kane's defense lawyer said his client had written a letter complaining about Bittner and implied that Bittner had slanted the investigation. But Skrocki blocked his efforts to question Campe about that and the letter wasn't made part of the public record.

Holloway said Anchorage police Lt. Caroline Stevens handled the internal investigation, which concluded that the local officer did not violate any Anchorage Police Department policies. She didn't interview the deputy marshal, but didn't need to because the police have his written report, Holloway said.

Mark Avery, Security Aviation owner, said the local police issue is just one aspect of the federal case based on exaggerated and twisted information that doesn't match what really happened.

The FBI won't comment on whether it has dropped the matter of whether a local officer threatened the investigation. But Holloway said the FBI told police that it has.

"They are not doing anything else with this little issue here," he said.

In addition, Security Aviation plans civil action against company that "stole" two of it's non-airworthy planes.

Six aircraft returned to Security Aviation...

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