No charges in case involving Frazier
Wednesday, October 02, 2013 11:00 AM
A special prosecutor has ruled that no criminal charges will be filed in an investigation of a local judge over possible destruction of evidence.
Barry Brown, a senior prosecutor from Monroe County, was assigned to handle the investigation in August after a request by Jefferson County Prosecutor Chad Lewis. The request came because the incident involved Superior Court Judge Alison Frazier and her son.
Brown reviewed police reports and interviewed officers involved in the incident. In his final report, Brown said that after reviewing all the evidence, he determined that filing charges would be unwarranted.
"Examining all of the evidence in this scenario does not give rise to proof beyond a reasonable doubt that any crime was committed," Brown wrote.
The incident occurred around 12:30 a.m. on July 20, according to a police report authored by Senior Patrolman Joe Baker, who was the lead officer in the investigation. Assisting officers who later arrived at the scene were Lt. Wayne Phillips, Sgt. Ben McKay and Patrolman Josh Abbott.
According to the report, Baker discovered a truck with four males inside in the parking lot of the Lide White Boys & Girls Club.
The four teens exited the vehicle as Baker approached. Baker could see loose marijuana on the passenger seat of the truck, according to the report. Baker estimated in his report the marijuana totaled about two grams.
The four individuals in the truck were Jeffrey P. Frazier Jr., 19; Tristan V. Fellenz, 18; James R. Cox, 19; and a 16-year-old male juvenile.
Frazier identified the truck as being his and told officers they had gone to the scene to smoke marijuana, according to the report.
Officers at the scene contacted Frazier's mother, Alison Frazier, because the vehicle the four teens were in was registered to her, according to the police report. Officers did not move the truck or the marijuana in the vehicle before Alison Frazier arrived at the scene, the report said.
Baker used officer's discretion when deciding whether or not to arrest the four teens.
"... (M)y decision was based on their cooperation, truthfulness and the weight of the marijuana in the incident," Baker wrote in the report.
Baker said Alison Frazier scraped the marijuana onto the pavement and poured a beverage on it to contaminate it, the report said.
The case is officially considered closed.