[420 Girl]

An inmate who allegedly received a box of marijuana-filled ballpoint pens from a Cook County sheriff's deputy is facing a felony contraband charge for the transaction.

But, in a dispute over the investigation between sheriff's investigators and the Cook County state's attorney's office, prosecutors declined to charge the deputy who was arrested earlier this month for allegedly hand-delivering the drugs inside the Cook County Criminal Courts Building at 26th Street and California Avenue.

"We are still at a loss as to why this particular case did not get charged," Joe Ways, head of the sheriff's Office of Professional Review, which investigates employee misconduct, said Tuesday.

The state's attorney's office said the case fell apart because sheriff's investigators did not follow specific instructions designed to ensure they had the evidence they needed to show the deputy knew she was delivering drugs to inmate Brian Goolsby, 28.

"It was clear that she knew she was transporting a box of something, and it was probably clear that she knew she was transporting pens," said Dan Kirk, chief of staff to State's Attorney Anita Alvarez. "We would have gladly charged her had the evidence been sufficient, as we have in many other cases. It just simply wasn't there."

The 40-year-deputy — whom the Tribune is not identifying because she has not been charged with a crime — was arrested July 1 after she allegedly delivered the pot-stuffed pens to Goolsby when he appeared at the Criminal Courts Building for a routine hearing in his pending murder case.

While court was in recess for lunch, a cooperating witness who had been wired delivered the box of pens to the deputy in a courthouse hallway, allegedly discussing the drugs stashed inside, Ways said. Moments later, the deputy went into an adjacent lockup area where a handcuffed Goolsby was being held. While investigators secretly watched, she allegedly delivered the box through a hug.

The investigators moved in and recovered the box from Goolsby and found that one of the pen caps had been removed, revealing the marijuana.

"Because of the speed of the series of events, one would have to surmise that she opened one and saw what was in there," Ways said.

But that assumption was a key sticking point for prosecutors, who said no one actually saw her open the pen. In addition, the deputy, who is hearing impaired, denied she knew about the drugs and said she didn't hear what the cooperating witness said in the hallway.

A source familiar with the investigation said prosecutors asked that the sheriff's investigators leave the marijuana exposed and visible so the deputy would be hard pressed to claim ignorance. Instead, the pens were closed before the exchange. Despite the fact that one pen had been opened afterward, no one can testify they saw the deputy do it, the source said.

Additionally, an earlier recorded telephone conversation between Goolsby and the witness suggested the deputy was unaware of the drugs.

"For all she knows, she's just getting pens," Goolsby allegedly told the witness, referring to the deputy.

Goolsby was charged Monday with possession of contraband in a penal institution and is expected to appear in court Wednesday. Meanwhile, the deputy has been suspended with pay for delivering the box of pens, a department violation. Ways said the sheriff's department is moving to fire her.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: Chicago Tribune
Author: Matthew Walberg
Contact: Chicago Tribune
Copyright: 2010 Chicago Tribune
Website: Deputy may be off hook for allegedly smuggling drugs to inmate


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