Comptroller criticizes Rocky Top police over evidence issues
Rocky Top’s Police Department recently came under criticism by the state comptroller over handling of evidence. (photo:G. Chambers Williams III )
While no criminal wrongdoing was alleged in the report, the comptroller did take issue with what it called “questionable evidence discrepancies and deficiencies” that occurred in the period leading up to Shetterly’s retirement in September 2023.
The report noted that the comptroller’s investigation was initiated “after City of Rocky Top officials reported poor evidence accounting practices by the former police chief, and discrepancies in the documentation of evidence.”
“The investigation was limited to selected records from July 1, 2023, through July 31, 2024,” the report said, adding that “The results of the investigation were communicated with the Office of the District Attorney General of the 7th Judicial District.”
The current chief of police, John Thomas, who took over from Shetterly last September, said Monday that all of the problems outlined in the comptroller’s report have now been corrected, including one outstanding issue that involved the lack of a written policy for the handling of evidence.
“We had a draft policy we were following [at the time of the investigation],” Thomas said. “It has been finalized and we have now a written evidence manual, which addresses documentation and tracking of evidence, internal procedures, and annual audits.”
Thomas noted that in November he had hired an experienced part-time “evidence custodian” to “get everything together.”
“We’re trying to modernize and professionalize our department,” Thomas said. “One piece of that is taking care of our evidence.”
According to the comptroller’s report:
“(1) The former Rocky Top Police Department chief failed to administer proper oversight of evidence.
“Prior to the former chief providing the new chief with a hand-written inventory of evidence on Sept. 29, 2023, the former chief did not maintain any known evidence log during the period reviewed.
“Therefore, investigators were unable to determine if the former chief properly handled all property seized as evidence.”
It continued:
“Investigators noted the following questionable evidence discrepancies and deficiencies:
“A. No Written Evidence Policy
“The former chief did not adopt or implement a comprehensive written policy regarding the accounting of the department’s property seized as evidence, including the use of a perpetual inventory log.
“A perpetual inventory should be maintained for all evidence, and, at a minimum, should include the following: date received, defendant’s name, incident or case number, description, location, signature of individuals signing evidence in and out, and disposition.
“The failure to properly secure and account for evidence increases the risk of theft and loss without prompt detection and may jeopardize pending or potential judicial proceedings.
“Although the new chief has improved the department’s accounting of evidence, including the use of a perpetual inventory log, as of July 31, 2024, the department still does not have a written evidence policy.
“B. Insufficient Evidence Organization and Missing Evidence
“Investigators noted that the department’s evidence storage space in July 2024 was in disarray. The former chief’s handwritten inventory from Sept. 29, 2023, did not reconcile to all actual evidence in the department’s evidence room, and the former chief’s inventory and evidence packaging lacked sufficient information.
“In some instances, evidence envelopes had been opened and evidence was missing. According to the former chief, all evidence listed on his Sept. 23, 2023, handwritten evidence inventory was physically present in the evidence room when he left employment with Rocky Top.
“Due to the lack of evidence records and insufficient evidence organization, investigators could not accurately determine the amount of missing evidence.”
“C. Funds Not Properly Secured Within Three Days of Seizure
“The former chief failed to properly secure seized funds within three days of seizure. Generally, every municipal official handling public funds is required by Tenn. Code Ann. § 6-56-111 to deposit those funds as soon as practical, but no later than three working days after the receipt of those funds.
“Pursuant to Tenn. Code Ann. § 39-11-707, when criminal proceeds are seized, the property ‘may be removed by the seizing agency or official to a place to secure the property, it may be preserved as evidence, it may be padlocked as ordered by a court of record, it may be secured by depositing in an interest bearing account as approved by a court of record, or it may be secured as otherwise authorized by law regarding the maintenance, storage, or disposition of seized property.’
“Due to the inaccurate evidence records maintained by the department, investigators were unable to determine the amount of seized cash that should have been deposited or otherwise secured. By allowing all seized cash to be stored in the evidence room, the funds were more susceptible to misappropriation.
“In some instances, sealed envelopes containing cash evidence had been unsealed and retaped multiple times, and the cash bills’ series dates were subsequent to the envelope sealed dates. Investigators could not establish whether cash evidence in total was missing from the evidence room.”
The report continued:
“2. City of Rocky Top officials failed to timely report known or potential fraud, waste or abuse.
“Rocky Top officials notified the Comptroller’s Office of the former chief’s insufficient evidence accounting practices on July 9, 2024; however, they were aware of unsealed evidence, missing evidence, and cash discrepancies months prior to notifying our office.
“Tenn. Code Ann. § 8-4-503 requires a person elected or appointed to any office of a public entity to notify the Comptroller of the Treasury of any unlawful conduct including theft, forgery, credit card fraud, and any other act of unlawful taking, wasting, or abusing of, or official misconduct involving public money, property, or services.
“The report must be made within a reasonable amount of time under the circumstances, but shall not under any circumstances exceed five working days. Officials should timely notify the Comptroller’s Office of any known or potential fraud, waste, or abuse to ensure that improper practices are promptly and accurately addressed.”
At its conclusion, the comptroller’s report said:
“Rocky Top officials indicated that they have corrected or intend to correct these questionable evidence discrepancies and deficiencies.”
To view the comptroller’s report online, visit comptroller.tn.gov/ia/.