Key Witnesses Barred From Navy Theft Trial

A military judge in the trial of a sailor charged with stealing silver ingots from the aircraft carrier Kitty Hawk has barred testimony from the key witnesses against him because the government lost tape recordings of statements they made earlier during a preliminary hearing.

Petty Officer 3rd Class Thomas Fairbanks Derrick, 32, was arrested in January, 1984, by Coronado police during a drug raid in which two silver bars were recovered.

Navy investigators traced the ingots to a batch of 31 plates, valued at $1,000 each, that vanished from the Kitty Hawk when the Navy supply system routinely filled bogus requisition orders for the precious metal. The unmarked ingots are used for electroplating purposes, but are not part of standard carrier equipment.

Derrick is charged with larceny, wrongfully selling three silver bars to a San Diego-area pawn shop and “bringing discredit” to the armed services.

The ruling Thursday by Capt. Don Donato prevents Navy prosecutors from calling the five key witnesses who make up the bulk of the case against Derrick, according to Navy sources close to the case. These sources said that without the witnesses the government might have trouble getting a conviction against Derrick.

Navy attorneys declined Friday to identify these witnesses or discuss the case.

The ruling does not exclude future prosecution, however, and a source close to the case said the Navy may seek other witnesses.

Donato said that because “government negligence” resulted in tapes containing the witnesses’ statements being lost, Derrick’s Navy defense attorney was not provided the opportunity to cross-examine and test the credibility of the witnesses based on their previous statements.

Derrick, who served as a machinist’s mate aboard the Kitty Hawk, will continue his shore duty at the U.S. Naval Station in San Diego while Navy prosecutors appeal the ruling to the court of military review in Washington. No drug charges were filed against him.

Navy attorneys have said they do not know how Derrick obtained the silver bars, which were ordered between July and September, 1983. A Navy investigation was unable to determine who was responsible for ordering the bars, only seven of which have been recovered.

A second suspect, Petty Officer 3rd Class Mark Johnson, is being investigated in connection with the disappearance of the bars.