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Drug Defendant's Attorney Says Officer Altered Search Warrant

Snipes family photo

Christopher Snipes' attorney says a sheriff's detective changed an address on a search warrant, then forged the judge's initials next to the changes.

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By THOMAS W.  KRAUSE | The Tampa Tribune

Published: May 13, 2008

Updated: 05/13/2008 04:18 pm

TAMPA - A defense attorney suspects that the apartment number on a search warrant – crossed out, changed and initialed – was forged by a Hillsborough County sheriff's detective so it would look like a judge made the alterations.

On the last page of the search warrant, the apartment number 203 is crossed out in two locations and replaced by the number 208. Next to the new numbers are the letters "CAT," the initials for Circuit Judge Chet A. Tharpe, who signed the warrant allowing the search.

Today, Ruskin attorney Paul Carr filed a sworn affidavit by the judge, who maintains that the changes "are not my true initials, is not my handwriting and were not placed there by me."

Carr said sheriff's Detective Ronnie Cooper applied for and executed the search warrant. Cooper was helped by Stuart Bell, a deputy who was fired this year and is facing criminal drug charges.

Chief Deputy Jose Docobo said he has not been provided much information from Carr regarding this accusation, and he criticized Carr for going to the media instead of discussing it with the sheriff's office.

Docobo said this "could be a matter of recollection," considering the warrant is 2 years old and judges sign so many of them.

Tom Scarritt, a Tampa attorney not affiliated with the case, said Tharpe's words in his affidavit are not phrased as if he is unsure.

"I would find it highly unlikely that it would be a recollection issue when a judge signs a sworn affidavit," Scarritt said. "To me, a judge would not sign an affidavit unless he had a positive recollection as to what he had done."

Carr said he thinks it was Cooper, not Bell, who signed Tharpe's initials to the search warrant. The number 208 was unique in that the eight was drawn with two individual circles on top of one another.

"Judge Tharpe doesn't make his eights that way; neither do I," Carr said. "But Detective Cooper does."

Two handwriting experts are working on the issue, Carr said.

Docobo said Cooper has had an "impeccable" reputation as a detective.

"He's never given us any reason to be concerned," Docobo said.

Sheriff's officials said Cooper is an active detective and is on duty this evening. Cooper declined a request for comment.

Bell was suspended in January and later fired after allegations surfaced that he falsified reports in a different case. Bell was arrested on charges that he illegally removed bottles of the drug oxycodone from a suspect's home, removed some of the pills and falsified reports. He was also charged with fraudulently obtaining drugs from a physician after an internal investigation showed he received controlled drugs from two doctors within a 30-day period.

His criminal case is pending.

Carr has filed a request that Circuit Judge Daniel Sleet throw out charges against his client, Christopher Snipes, based on the forged warrant and subsequent false arrest.

On Oct. 9, 2006, court documents state, Cooper and Bell began to investigate Snipes for selling oxycodone. They used a confidential informant, who the detectives said bought the drug from Snipes in a Brandon apartment on two occasions.

On Oct. 13, 2006, Cooper met with Tharpe and asked for a search warrant, which the judge signed.

The next day, Cooper served the warrant on apartment 208, Carr said. Deputies found marijuana, cocaine, illegal pills, drug paraphernalia and guns, according to court documents.

Snipes spoke to the deputies and made incriminating statements, saying he owned the drugs and items in the apartment.

Snipes' arrest, however, was illegal because the search warrant was invalid, Carr argues.

Federal law prohibits anyone from forging a judge's name. The offender can be punished by up to five years in prison, according to court documents.

Assistant State Attorney Mike Sinacore said his office will look into the allegation of forgery to see whether the search warrant was valid. It is too early to tell whether this will affect other cases investigated by Cooper or Bell, Sinacore said.

Snipes' father, Michael, said he will be patient and see what the investigation reveals.

"I think a lot of people have some explaining to do," he said. "I'll just wait and see what happens."

Snipes' mother, Brenda, said she is outraged that her son was arrested on a false warrant and wonders how some law enforcement officers feel they are allowed to break the law.

"They need to quit thinking they are above the law," she said. "This was not a mistake somebody made. He did that intentionally."

Brenda Snipes said she knows her son had been prescribed some drugs and had a problem with them. She said she knew nothing about the accusation that her son sold drugs to a confidential informant but acknowledged that her son was not an "angel."

"It doesn't matter," she said. "It's still wrong."

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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