The Associated Press
JACKSON, Miss. (AP) - Two Mississippi Highway Patrol troopers entered not guilty pleas Monday to federal charges that they allegedly beat individuals in their custody.
U.S. Magistrate John M. Roper, who presided over their arraignments, ordered the two officers released on $25,000 unsecured bonds each, court officials said.
Trooper John Kevin Smith is accused in a federal indictment of beating a man in his custody, then destroying or concealing a videotape of the August 2003 incident in Lincoln County.
Smith and trooper James Sizemore, 28, also are accused of carrying out a similar assault against another man in May 2003 in Lawrence County.
Both troopers were indicted Nov. 5 on federal civil rights violations.
The indictment alleges the officers kicked or stomped people in their custody. The FBI gave no specifics about the alleged abuse and did not identify the victims.
The officers face a $250,000 fine and up to 20 years imprisonment on each count.
The tape of the August 2003 incident was allegedly made from the camera mounted in Smith’s police cruiser, according to the indictment.
The indictment said Smith, 33, told at least three people a videotape of the incident didn’t exist. He also said the alleged assault wasn’t recorded because he ran out of videotapes for his camera.
Warren Strain, a spokesman for the state Department of Public Safety, said Tuesday that the current administration became aware of the federal investigation only after the federal inquiry was well underway.
Strain said that to date federal authorities have not provided any information to the state concerning the probe or its targets.
Public Safety Commissioner Rusty Fortenberry said in a statement that had he initiated an internal investigation after learning of the Justice Department probe, “it could have been interpreted or misconstrued as interfering with a federal investigation and placed the department in dire straits.”
“Furthermore, it is the philosophy of this administration that any and all allegations of physical abuse are to be thoroughly and meticulously investigated with absolute resolve by investigators of the Internal Affairs Division,” he said.
Fortenberry said that while his agency took the allegations seriously, “these troopers are afforded due process through the court system and they remain on administrative leave.”