Judge Rejects Deputy’s Bid to Dismiss Charges

A federal judge Monday refused to dismiss criminal charges against a Los Angeles County sheriff’s deputy who was secretly taped by a former narcotics officer cooperating with prosecutors in a drug money-skimming investigation.

Deputy Tyrone Powe had sought to dismiss the indictment against him, contending that the surreptitious recording by a government informant violated an agreement with prosecutors not to contact Powe without notifying his attorney.

Ex-deputy Virgil Bartlett had secretly tape-recorded a meeting with Powe last August, a month before both men were indicted on conspiracy, theft and tax evasion charges. Later, when it was disclosed that Bartlett had taped the meeting with the sanction of the government, Powe’s attorney sought to dismiss the indictment and suppress the tape.

U.S. District Judge William J. Rea said he was disturbed that prosecutors may have “misled” Powe and his attorney, but he ruled that there were no grounds to dismiss the indictment or suppress the tape.