Ed Straker
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Treutlen sheriff to use exhaustion as defense
By Wayne Crenshaw
Telegraph Staff Writer
SOPERTON - Charged with using excessive force against two suspects and with his career and freedom on the line this week, Treutlen County Sheriff Wayne Hooks plans to use an unusual defense: He was exhausted.
Hooks goes on trial Monday. Jury selection begins at 9 a.m. at the federal courthouse in Dublin. Opening arguments likely will begin later in the day. The trial is expected to take about a week.
Hooks and Deputy Ryan Griner are accused with using excessive force in the arrests of two men Oct. 27, 2001. If convicted, they could face prison time.
Court documents indicate Hooks' defense will involve the issue of sleep deprivation. On the day of the incident, Hooks had been in Atlanta working on a bank robbery. He had just fallen asleep when he got a call that Griner had wrecked his patrol car during a chase that exceeded 110 mph.
Hooks and Griner went to the Huddle House near Interstate 16, where they arrested Stephen Dewayne Tanner, 22, the owner of the car. Tony Lee King, 21, the alleged driver, was arrested later, also at the restaurant. Both were charged with DUI, along with other traffic charges.
Hooks and Griner are accused of striking Tanner in the face at the Huddle House and kicking dents in his car. Hooks also is charged with striking King in his face at the Treutlen County jail. Neither of the suspects required medical attention, according to Hooks' testimony in a previous hearing, and photos of the two taken at the jail did not show visible marks.
Tanner and Griner are first cousins.
'Tired Cops' author to testify
Hooks admitted to slapping the suspects, but said he was exhausted at the time.
A document filed by Hooks' attorneys indicates that Dr. Bryan Vila, author of the book "Tired Cops," will testify. The book details the problem of officers working without enough sleep, and compares it to being drunk.
"It is well known that impulsiveness, aggression, irritability and angry outbursts are associated with sleep deprivation," according to the foreword in the book. "It is manifestly unfair for society to expect a uniformly high conduct and performance level from law enforcement officers, given what Vila presents to us in this book."
It appears to be a unique defense. Jim Mullins, legal services director for the Southern States Police Benevolent Association, represents officers throughout the Southeast. He remembered a sleep-deprivation defense being used once in a disciplinary action, but never in a criminal case against an officer.
Mullins, a former Atlanta police officer, had not heard of the Hooks case, but when told of the circumstances, he said it sounded like a legitimate defense.
"I think the conditions under which that event occurred certainly should be considered," he said. "It would be considered for anyone else. I'm sure (Hooks) has prosecuted cases where people made that claim."
The 50-year-old Hooks could be the poster boy for sleep-deprived lawmen. He is known for working long hours to solve a crime.
Retired Georgia Bureau of Investigation agent Bryon Stewart worked with Hooks on many cases.
"He was a go-getter," Stewart said. "When he was on a case, he wasn't one to say, 'We'll come back tomorrow.' He would just keep on going."
Stewart called Hooks "the best thing that ever happened to Treutlen County."
Though Stewart said he has no knowledge of the allegations against Hooks, he said he never saw Hooks cross the line with a suspect.
"I thought he was always fair-handed," he said. "I always found him straight up and down."
Similar crimes testimony sought
The prosecution filed documents indicating that it will introduce similar crimes evidence. It details one allegation in which Hooks is accused of assaulting a man who was with Hooks' girlfriend.
Hooks' attorneys filed a brief opposing the introduction of that evidence, saying that Hooks' denies the allegation. Even if it were true, the defense argued, it wouldn't be a similar crime because it was a domestic incident that had nothing to do with his job.
The prosecution brief cited three cases in which it alleges Griner used excessive force during arrests. Griner's attorney also filed a response denying those incidents occurred, or that they would be similar crimes.
The government would hope to show that the incidents are proof that the defendants are capable of such acts. The judge will decide whether that evidence can be presented to the jury.
The U.S. Attorney's Office had asked for the trial to be held in Augusta, with the Dublin district excluded from jury selection. In a 65-page brief that included photos of signs around Treutlen County supporting Hooks, the government argued that the jury pool could be tainted. But U.S. District Court Judge Dudley Bowen rejected that request. The jury pool will be drawn from the entire Southern Circuit District, including the Dublin region. Jurors could come from as far away as Brunswick and Augusta.
Hooks has served as sheriff since 1984, when he defeated the incumbent. He has easily won every election since.
Hooks is nicknamed "Gator." He has the build of a linebacker and a reputation as a tough, hands-on lawman who doesn't carry a gun. He has twice been the target of assassination plots, and both times the culprits went to prison.
Residents express support
The accusation against Hooks apparently has done little to erode his support. Out of about a dozen people interviewed on the streets of Soperton last week, one declined comment, a couple said they didn't know Hooks well enough to comment, and the rest were supportive.
"Best sheriff we ever had," 84-year-old Richard Lee Baker said repeatedly as he briskly washed a minivan at the Amoco station in Soperton. "If they ever get rid of him, Treutlen County is going to be in bad shape. You call him, in five minutes he will be where you are at."
Gregory Cox, a Washington, D.C., native who has lived off and on in Soperton, was once a suspect in a criminal investigation conducted by Hooks. Money was missing from a business where Cox worked, and Hooks asked him to take a polygraph. Cox was reluctant at first, but he finally agreed.
"He drove me to take the test," Cox recalled. "He bought me lunch. It was a nice day. I passed the test, and now he just smiles and waves at me.
"When Wayne Hooks is sheriff, you better straighten up and fly right. But if you don't fly right, he's coming after you. That's Wayne Hooks."
Lewis Herbert said he thinks Hooks is "a good sheriff." Asked what he has heard from others, Herbert said some people "think he gets out of hand."
Jim Wiggins, one of Hooks' attorneys, Page Pate, Griner's attorney, and Dan Drake, spokesman for the U.S. Attorney's office, all said they could not comment.
Griner accepted suspension with pay soon after the two were indicted by a federal grand jury in January. In April, Hooks went before a committee of two sheriffs and Attorney General Thurbert Baker to determine whether he could continue to serve while the charges are pending. They decided that he could serve.
Hooks is charged with three counts of deprivation of civil rights under color of law. Griner is charged with one count of deprivation of civil rights under color of law. Each count carries up to 10 years in prison. Griner also faces a charge of tampering with a witness.
To contact Wayne Crenshaw, call (478) 275-1116 or e-mail [email protected].
http://www.macon.com/mld/telegraph/6551207.htm
By Wayne Crenshaw
Telegraph Staff Writer
SOPERTON - Charged with using excessive force against two suspects and with his career and freedom on the line this week, Treutlen County Sheriff Wayne Hooks plans to use an unusual defense: He was exhausted.
Hooks goes on trial Monday. Jury selection begins at 9 a.m. at the federal courthouse in Dublin. Opening arguments likely will begin later in the day. The trial is expected to take about a week.
Hooks and Deputy Ryan Griner are accused with using excessive force in the arrests of two men Oct. 27, 2001. If convicted, they could face prison time.
Court documents indicate Hooks' defense will involve the issue of sleep deprivation. On the day of the incident, Hooks had been in Atlanta working on a bank robbery. He had just fallen asleep when he got a call that Griner had wrecked his patrol car during a chase that exceeded 110 mph.
Hooks and Griner went to the Huddle House near Interstate 16, where they arrested Stephen Dewayne Tanner, 22, the owner of the car. Tony Lee King, 21, the alleged driver, was arrested later, also at the restaurant. Both were charged with DUI, along with other traffic charges.
Hooks and Griner are accused of striking Tanner in the face at the Huddle House and kicking dents in his car. Hooks also is charged with striking King in his face at the Treutlen County jail. Neither of the suspects required medical attention, according to Hooks' testimony in a previous hearing, and photos of the two taken at the jail did not show visible marks.
Tanner and Griner are first cousins.
'Tired Cops' author to testify
Hooks admitted to slapping the suspects, but said he was exhausted at the time.
A document filed by Hooks' attorneys indicates that Dr. Bryan Vila, author of the book "Tired Cops," will testify. The book details the problem of officers working without enough sleep, and compares it to being drunk.
"It is well known that impulsiveness, aggression, irritability and angry outbursts are associated with sleep deprivation," according to the foreword in the book. "It is manifestly unfair for society to expect a uniformly high conduct and performance level from law enforcement officers, given what Vila presents to us in this book."
It appears to be a unique defense. Jim Mullins, legal services director for the Southern States Police Benevolent Association, represents officers throughout the Southeast. He remembered a sleep-deprivation defense being used once in a disciplinary action, but never in a criminal case against an officer.
Mullins, a former Atlanta police officer, had not heard of the Hooks case, but when told of the circumstances, he said it sounded like a legitimate defense.
"I think the conditions under which that event occurred certainly should be considered," he said. "It would be considered for anyone else. I'm sure (Hooks) has prosecuted cases where people made that claim."
The 50-year-old Hooks could be the poster boy for sleep-deprived lawmen. He is known for working long hours to solve a crime.
Retired Georgia Bureau of Investigation agent Bryon Stewart worked with Hooks on many cases.
"He was a go-getter," Stewart said. "When he was on a case, he wasn't one to say, 'We'll come back tomorrow.' He would just keep on going."
Stewart called Hooks "the best thing that ever happened to Treutlen County."
Though Stewart said he has no knowledge of the allegations against Hooks, he said he never saw Hooks cross the line with a suspect.
"I thought he was always fair-handed," he said. "I always found him straight up and down."
Similar crimes testimony sought
The prosecution filed documents indicating that it will introduce similar crimes evidence. It details one allegation in which Hooks is accused of assaulting a man who was with Hooks' girlfriend.
Hooks' attorneys filed a brief opposing the introduction of that evidence, saying that Hooks' denies the allegation. Even if it were true, the defense argued, it wouldn't be a similar crime because it was a domestic incident that had nothing to do with his job.
The prosecution brief cited three cases in which it alleges Griner used excessive force during arrests. Griner's attorney also filed a response denying those incidents occurred, or that they would be similar crimes.
The government would hope to show that the incidents are proof that the defendants are capable of such acts. The judge will decide whether that evidence can be presented to the jury.
The U.S. Attorney's Office had asked for the trial to be held in Augusta, with the Dublin district excluded from jury selection. In a 65-page brief that included photos of signs around Treutlen County supporting Hooks, the government argued that the jury pool could be tainted. But U.S. District Court Judge Dudley Bowen rejected that request. The jury pool will be drawn from the entire Southern Circuit District, including the Dublin region. Jurors could come from as far away as Brunswick and Augusta.
Hooks has served as sheriff since 1984, when he defeated the incumbent. He has easily won every election since.
Hooks is nicknamed "Gator." He has the build of a linebacker and a reputation as a tough, hands-on lawman who doesn't carry a gun. He has twice been the target of assassination plots, and both times the culprits went to prison.
Residents express support
The accusation against Hooks apparently has done little to erode his support. Out of about a dozen people interviewed on the streets of Soperton last week, one declined comment, a couple said they didn't know Hooks well enough to comment, and the rest were supportive.
"Best sheriff we ever had," 84-year-old Richard Lee Baker said repeatedly as he briskly washed a minivan at the Amoco station in Soperton. "If they ever get rid of him, Treutlen County is going to be in bad shape. You call him, in five minutes he will be where you are at."
Gregory Cox, a Washington, D.C., native who has lived off and on in Soperton, was once a suspect in a criminal investigation conducted by Hooks. Money was missing from a business where Cox worked, and Hooks asked him to take a polygraph. Cox was reluctant at first, but he finally agreed.
"He drove me to take the test," Cox recalled. "He bought me lunch. It was a nice day. I passed the test, and now he just smiles and waves at me.
"When Wayne Hooks is sheriff, you better straighten up and fly right. But if you don't fly right, he's coming after you. That's Wayne Hooks."
Lewis Herbert said he thinks Hooks is "a good sheriff." Asked what he has heard from others, Herbert said some people "think he gets out of hand."
Jim Wiggins, one of Hooks' attorneys, Page Pate, Griner's attorney, and Dan Drake, spokesman for the U.S. Attorney's office, all said they could not comment.
Griner accepted suspension with pay soon after the two were indicted by a federal grand jury in January. In April, Hooks went before a committee of two sheriffs and Attorney General Thurbert Baker to determine whether he could continue to serve while the charges are pending. They decided that he could serve.
Hooks is charged with three counts of deprivation of civil rights under color of law. Griner is charged with one count of deprivation of civil rights under color of law. Each count carries up to 10 years in prison. Griner also faces a charge of tampering with a witness.
To contact Wayne Crenshaw, call (478) 275-1116 or e-mail [email protected].
http://www.macon.com/mld/telegraph/6551207.htm
