Continuously serving Kosciusko County since 1854
Two Warsaw police officers mixed politics with a criminal investigation, but no formal action will be taken, said Police Chief Craig Allebach.
Court documents filed last week in the Dating Dynamics prostitution case accused Warsaw police officers of mixing politics with the investigation.
Court papers filed on behalf of defendant Angela Frye claim officers urged the owner of Dating Dynamics to write a derogatory letter to a magazine about Kosciusko County Prosecutor David Kolbe.
Frye's arrest on a charge of prostitution occurred after Dating Dynamics' owner, Jenette Fairchild, took no action on the officers' request.
Included in the court papers is a copy of a "Kolbe Warning," which officers distributed and which suggests religious inclinations could lead to a reduced sentence.
Officers named in the documents were Tony Faucett and Mike Speigle, both of whom are members of the special operations task force.
Allebach isn't disputing the political allegations. He said he talked to the officers but said the politicking involved just one officer whom he declined to identify.
"Basically, you've got an officer who let his personal stuff go beyond the scope of what it should have been," Allebach said. "We've talked with him, and if it happens again, we'll have to take some action."
Kolbe said he found the incidents and the department's reaction "very, very troubling."
Kolbe said he expected the department to take "strong action" against the officers.
"I'm very troubled by officers using official time to engage in politicking - especially that type of negative politicking. I think it's inappropriate. Most departments wouldn't tolerate that in any way."
The incident "demonstrates how difficult it is for our office to work with that sort of behavior going on," Kolbe said.
"It could adversely affect the prosecution of our cases. It just simply can't be tolerated."
Frye was arrested Jan. 29 after allegedly initiating a sexual act during a massage. Frye and Fairchild claim nothing illegal happened.
Dating Dynamics, located at 108 E. Fort Wayne St., Warsaw, offers topless massages. Police began investigating the business after receiving numerous complaints from the public.
The court documents filed in Superior Court II by Frye's attorney, David Hoffman, suggest Faucett and Speigle were waging a private campaign against Kolbe while investigating Dating Dynamics.
Court papers include copies of news articles about Kolbe and his campaign four years ago against Dan Hampton. Court documents allege the officers gave the articles to Fairchild and asked her prepare an article for "Slam" magazine that would be critical of Kolbe.
Fairchild refused and maintains that her lack of cooperation in writing a negative article about Kolbe led to the arrest of her employee.
Allebach disputes that claim. "That was not the case at all," he said.
"Slam" magazine describes itself as an alternative magazine covering politics and social issues. Much of its content is intended as humorous and shocking with a liberal slant.
Fairchild said the officers didn't like Kolbe because he "wouldn't stand behind them on anything."
Fairchild said the officers wanted her to submit to the magazine a copy of what they refer to as the "Kolbe Warning," a six-line commentary that appears to mock the Miranda warning.
The "Kolbe Warning" reads:
"1. You have the right to pray silently.
2. Any prayer you say will be used in your favor in a court of law.
3. You have the right to talk to a minister and have him present with you while you are praying.
4. If you cannot afford a minister one will be appointed for you before you pray.
5. If you give up your right to pray silently, then later wish to start praying again, your sentence modification will still be in effect.
6. If you have seen the light and the second shoe doesn't drop, the judge will set you free."
Fairchild called the officers' actions terrible and said "it shows they're not trustworthy."
Speigle has been an outspoken opponent of Kolbe in the current campaign and recently wrote a letter to the Times-Union in March in which he said Kolbe's public criticisms of police officers and their undercover tactics does not help in the war against illegal drug use.
Kolbe has been critical of some undercover operations because of what he deems as questionable tactics.
Speigle declined comment when contacted today.
Court documents also allege Speigle and Faucett were drinking beer when they visited Dating Dynamics in early November and encouraged an underage visitor to "join them in drinking beer."
The 18-year-old-man said he declined because he is under the legal age to drink, according to court documents.
Allebach said he doesn't believe the beer drinking allegations are true.
Although the issue is a closed matter at this time, Allebach said it could be further reviewed depending on the outcome of the criminal case.
Allebach said if other similar incidents occur, the officers could be removed from the undercover operations.
While the allegations could potentially jeopardize the case, Kolbe said he believes the two issues can be separated.
"If the (illegal) acts actually took place, they should be prosecuted, and if the officers somehow improperly politicked, they should be disciplined by their own department," he said.
Kolbe said the investigation can rely on the testimony of an Indiana State Police officer, and "I have no reason to dispute his testimony."
Oddly enough, the defense lists Kolbe as a potential witness, apparently because he is the subject of the articles.
That alone could require a special prosecutor, Kolbe said.
Kolbe said he hasn't discussed the latest developments with Mark Caruso, the deputy prosecutor who is handling the case.
Hoffman, a South Bend attorney, could not be reached for comment.
