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The Johnny Phelps Matter

Did Dallas, Texas DEA Special Agent in Charge Johnny Phelps misuse his official position to influence a California judge who presided over his son's arson conviction?

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On November 21st, 1995, Johnny Phelps' son was arrested in Arcadia, California for arson.

On November 27th, 1995 Phelps' son pleaded no contest to misdemeanor arson and was sentenced to 45 days in jail by Municipal Court judge Carol Elswick.

On November 29th, Johnny Phelps, according to his own words, tried to telephone Judge Elswick but could not connect. Phelps followed up his failed telephone calls with a letter which he sent by fax on a DEA fax machine preceded by a DEA transmittal sheet/cover letter from the Austin, Texas DEA office.

On or before Nov 29th, responding to Phelps' letter, Judge Elswick set a date of December 1st, 1995 to reconsider the length of sentence of Phelps' son. The reconsideration was later deemed to be "moot" because Phelp's son had been released, allegedly due to jail "overcrowding".

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November 29, 1995

Honorable Carol Elswick
Commissioner
Santa Anita Municipal Court
300 W. Maple Ave
Monrovia, Ca., 91016

Ref: Steven Phelps, Case No. 95-M-0451201

Dear Judge Elswick,

First of all I apologize for calling you direct on this matter rather than having my concerns presented to you by an attorney representing my son Steven Phelps. As a 30 year veteran law enforcement officer I fully understand that you, as the judge, can not, and should not enter into discussions with individuals regarding cases in your court.

I only learned yesterday afternoon that my son Steven had been arrested in Arcadia, Ca. for unlawfully starting a fire, I only know a few details at this time regarding the actual incident, but understand that he, while under the influence of alcohol, did in fact commit the act which resulted in his arrest. Steven disappeared from Austin, Texas where he is a full time student 11 days ago, I have been desperately searching for him since that time. I had reported him as a missing person and had been working through the Austin Police Department and the Texas Department of Public Safety in an effort to locate him. Thanks to the efforts of Texas Dept of Public Safety, we learned of his arrest yesterday afternoon.

I deeply regret that I was not made aware of his arrest and subsequent charges, because there are significant facts that I am sure that you were not made aware of when you heard the case. First of all Steven has suffered from significant emotional problems for the past year and a half. He has been seen by Dr. Randy Frazier at the Austin Regional Clinic Mental health Services in Austin. In non clinical terms I can only describe Steven's condition as an almost complete nervous breakdown that leaves him with tremendous mood changes and caused irresponsible behavior. Examples of his irresponsible behavior include failure to attend classes, failing in almost all subjects (a change from about a 2.7 GPA), financial irresponsibility that have left credit card bills charged to the maximum with no attempts to pay, failure to manage his money which I provide for his rent, utilities, food, and miscellaneous expense and other such actions.

Steven has for most of the past year and a half avoided contact with all family members. I have, through repeated trips from Washington, D.C. to Austin, daily telephone calls, and frequent letters managed to keep in regular contact with him and we have, what I believe to be an excellent relationship. In spite of those efforts and our relationship, I have been unable to convince him to continue his treatment and visits with the clinician. He has steadfastly maintained that his is able to cope with his problems on this own, His recent actions clearly indicate that he is not, which I believe he now acknowledges and accepts.

I was able to talk to Steven very briefly yesterday afternoon, and he has agreed, upon his release from custody, to return to my residence to be with myself and his mother. although we have not had an opportunity to discuss this, I am also confident that he will now, while living with us, agree to the appropriate evaluations, treatment, therapy, or medications that are required to assist him to recovery.

Yesterday afternoon, I began efforts to identify the attorney who represented Steven during this process. Since he is destitute and I was not aware of the charges, I am sure that he was represented by a public defender. I hope to find out today, how much, if any of this information was made known to his attorney. I will provide a copy of this letter to the attorney as soon as I can determine who to contact and where. I will also be in telephone contact with the attorney as soon as possible.

My request and plea to you is to allow this matter to be brought back before you, and based upon this new information consider ordering Steven released based on time already served. I understand that he was arrested on the night of the 20th of Nov., so as of today he has been in custody for nine days. Considering his conditions, his lack of previous arrest of any kind for and matter, and his need for treatment I desperately hope that you will consider this request. I fear that his continued confinement at L.A. County jail can only have adverse long term affect on his condition. I realized that he has violated the law and do not attempt to minimize what he has done.

My concern is also that, given the workload of the court, the D.A.'s office and the public defender's office, it will be difficulty to get this matter back before you. If it is appropriate and legally permissible, I request that you cause the matter to be briefly dealt with again. I will, of course, pursue through the public defender's office efforts to have them pursue the matter, but frankly do not have high hopes that they will be able to do so for the reasons stated above. I have also been in contact with Mr. Robert Bonner, an attorney in private practice in Los Angeles who has advised me, that I should first follow your instructions in writing this letter and attempt to convince the public defender to respond to my request.

I have made arrangements with Mr. Robert Bender, the Special Agent In Charge of the Drug Enforcement Administration in Los Angeles to meet Steven upon his release and escort him to the airport to travel on a direct flight to either Dallas, Texas or Washington D.C., depending on my location at that time. If time permits, I also plan to travel to Los Angeles to meet, accompany, and assist my son to travel to Texas or Washington.

This is of course a plea from a desperate and concerned parent, and I beg that you consider this matter as soon as practical or possible. I can be contacted by the public defender or another attorney for the rest of today and tomorrow morning at (number deleted by DEA Watch) or at any time on my pager (number deleted by DEA Watch). I anxiously await word from the appropriate attorney regarding your decision on this matter.

Sincerely,
(handsigned)
Johnny F. Phelps

WATCH

Please emailDEA Watch your feelings regarding the following questions:

1. Did Dallas, Texas DEA Special Agent in Charge Johnny Phelps misuse his official position to influence a California judge who presided over his son's arson conviction?

2. When Johnny Phelps was chief of DEA's Office of Professional Responsibility would he have determined that the writer of a letter like his to have been in violation of DEA policy if it were written by a "street" agent and faxed from a DEA office on a DEA cover sheet?

3. Do you think the Inspector General will discipline Johnny Phelps for his letter and any subsequent actions/correspondence he may have initiated in his official capacity with DEA? If not, why not?

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