August 17, 1988
Drug Fund Transactions are Detailed by Deputy
by Rick Young
Staff Writer
Orange County Senior Captain Thomas Hennigan spent about two hours as a government witness against suspended Sheriff James Wade Detailing withdrawals from the count's special narcotics buy fund over a 16-month period in 1986-87 Tuesday morning. One of 10 federal indictments against Wade alleges he used the drug buy budget money to purchase chemicals for alleged accomplice Donnie Flowers to us in the manufacture of methamphetamine, or "speed."
Using department records, Hennigan charted Wade's activities involving the fund from which Wade withdrew $5,600 and returned or justified $2,674.
Hennigan told the jury that the fund is used by narcotics officers to conduct drug buys in order to set up cases. He said officers often return money withdrawn and not used
Orange County Auditor Tod Mixson, in an earlier interview, said he released drug buy money to Hennigan after receiving a written request, usually signed by then-Chief Deputy Newton Johnson. The Procedure, Mixson said, was for the county to insure a county check to Hennigan, who would then cash it. The money would be kept in safe in Hennigan's office until it was disbursed to an officer working a specific case.
Shortly after officers complained they were having trouble gaining access to the drug buy budget due to the federal investigation of Wade's activities, Mixson said the books on the fund were in balance and that he had no problem with the transferring the money to the department.
Hennigan also produced arrest records of Flowers, an accused drug dealer who turned states evidence against Wade. Wade has said Flowers was a "snitch" in making drug cases for Orange County officers. The government has said Flowers was recruited by Wade to distribute narcotics. Wade's attorneys, during opening arguments Monday, said Flowers was in the witness protection program and employed by the government.
Jail records provided by Hennigan indicate Flowers was arrested and booked into jail 11 times between 1979 and 1986 and was authorized personal recognizance bond by Wade three times.
The prosecution introduced videotape evidence of the Dec. 11, 1985, raid on the Niles Henry Baker residence on Jap Lane in Vidor. Baker was indicted with Wade on one count of conspiracy to manufacture and distribute methamphetamine. Drug manufacturing equipment, a pump, three-neck flask and a Coca-Cola canister, that was reportedly seized during the raid figures prominently in charges against Wade. Observers at the trial said none of the equipment in question showed on the 20-minute government tape.
Questions were raised during questioning of Hardin County Sheriff H. R. "Mike" Holzapfel concerning the serial numbers on the pump and the lack of signature and date on the "field notes" referred to by Holzapfel during his testimony. Federal Judge Howell Cobb, of Beaumont, allowed the pump admitted into evidence despite the lack of actual verification that it was the same one seized in the Hardin County raid.
Under questioning by Wade's attorney, Gary Richardson, of Tulsa, Okla., Hennigan said that under Wade's tenure as sheriff the department had experience upgrading of the computer capabilities of the department, the video taping of evidence, uniforms, cars, storage of evidence and that the jail was certified.
Questioned about storage of more than a million diet pills seized in an August, 1987, raid in Bridge City, pills that have been mentioned in the government's case against Wade, Hennigan testified that they were stored in he crime prevention office.
"Did Donald Duhon have a key to that office?" Richardson asked.
"Yes, sir, he did," Hennigan replied. Duhon is also a government witness against the sheriff.
Further testimony was expected Thursday afternoon concerning other deputy's access to the drug buy fund, including former Narcotics Division Capt. Wayne Dial, Former Lt. Billy Permenter, former Capt. Larry Franklin and Lt. Wesley Ross. Hennigan said Permienter's withdrawals totaled $10,485.
Asked if a 1986 county audit of the drug buy fund implied that Wade has mishandled money in any way, Hennigan answered "No, sir."
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