WATCH
Johnny Phelps Alleged Undue Influence Case
(CHRONOLOGY)
951118 SATURDAY:
Steve Phelps is found to be missing.
Johnny Phelps starts "desperately" looking for his son, working with the Austin, TX PD and the Texas Dept of Public Safety.
DEA Agent Bruce Burt made some phone calls at the request of Phelps, allegedly via someone in HQ OPR. Burt phones Los Angeles area police departments looking for Phelps kid.
951121 TUESDAY:
Steve Phelps is arrested for arson per Arcadia PD report #95-7988. Phelps was arrested at 1127 S. Baldwin Ave, Arcadia CA, at 0230 am by local police for/charged with felony violation PC 451 (d)... with Jail Booking number 60898 - Arcadia jail.
Phelps was described as an "Unemployed" 21 year old. On booking he gave his father's address as (we deleted) and phone number as (we deleted). The report also contained handwritten phone numbers (we deleted), a DOB: 10-14-74, Texas drivers license number (we deleted), social security number (we deleted), and an Austin TX address (we deleted).
Steve Phelps was transported to LA County Jail, reportedly for for preventive - possible jail destruction/damage. According to the police report, Phelps' relieved himself on the cell floor.
951127 MONDAY:
DEA Message from Constantine announcing... Johnny Phelps' requested reassignment and is based on compelling personal considerations.
transfer was made before Phelps found his son... Speculators are confused if Constantine was referring to Steve's disappearance or some other hardship.
Steven Phelps pleaded no contest to misdemeanor arson and is sentenced to 45 days in jail by Municipal Court Judge Carol Elswick. 95-M-0451201.
951128 TUESDAY:
Johnny Phelps "briefly" talks to Steven Phelps.
Phelps tries to telephone Judge Elswick.
951129 WEDNESDAY:
Johnny Phelps writes to Judge Elswick..."First
of all I apologize for calling you direct on this matter..."
On or before this date Johnny Phelps makes arrangements with Robert Bender in Los Angeles to meet Steven upon his release and escort him to the airport.
Johnny Phelps sends a letter to Judge Elswick from Austin, TX DEA office 512 346-0825 fax 512 346-2486.
Reports say RAC Chuck Wilson was not in Austin office that day... but Phelps walked in, announced he had work to do, walked into Wilson's office and shut the door. He came out to use the fax machine and then left.
A memo on DEA paper was written to Arcadia Police authorizing the release of property to Richard Gorman. This was signed by Steven Phelps - The word 'releasing' is misspelled... uncharacteristic of DEA secretarial work.
On or before this date Johnny Phelps consults with former DEA Administrator Robert Bonner. Phelps writes"I have 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."
Johnny Phelps says he still hasn't identified his son's attorney.
Johnny Phelps leaves word he can be contacted at 512 area code number (we deleted) the rest of today and tomorrow or at any time on his DEA pager at 800 number (we deleted).
Rich Gorman goes to the jail and pickes up Steven Phelps.
Stephen Phelps is released from jail.
951130 THURSDAY:
Phelps says he can be located at a different 512 area code number (we deleted).
said he could be located at
951201 FRIDAY:
Date is set by Judge Elswick to reconsider Steven Phelps' sentence but he was already released from jail due to overcrowding.
951204 MONDAY:
Tony Ricevuto signed for a backpack at the Arcadia Police Department under case number 95-7988 at 3:30 pm.
On or after this date, Gorman mails the backpack to Johnny Phelps via Mail Boxes etc. which cost about $40.00; Phelps reimburses Ricevuto.
Unsigned letter is mailed to Inspector General laying out the case against Phelps.
960422 MONDAY:
Reporter Frank Girardot phones Johnny Phelps; interviews him.
Johnny Phelps calls Robert Bender, reportedly to give him a "heads up."
960423 TUESDAY:
1st story about the Phelp's appears in the Pasadena (California) Star News... authored by Frank Girardot.
Bender asks Michele Leonhart who she thinks Girardot's source is on the Phelps matter.
Johnny Phelps phones Tony Ricevuto. He askes Ricevuto to send the Girardot article. Phelps asks Ricevuto who he thinks Girardot's source was. Ricevuto is surprised Phelps contacted him.
Patrick Hegarty, Presiding Judge of the Santa Anita Municipal Court orders Phelps' letter to Judge Elswick to be made public and released on Tuesday 4-23-96.
Bender asks Gil Avila who he thinks Girardot's source was.
Bender tells people he and Mike Holm went to the jail. Bender asks other who they think Girardot's source was.
960424 WEDNESDAY:
2nd story on Phelps appears in the Pasadena Star News, by Frank Girardot.
Bender asks L.A. PIO Ralph Lochridge who he thinks Girardot's source was.
Lowery Leong tells people he thinksthis will all go away." But after reading second article he publicly changes is mind.
1st story o Phelps appears in the Los Angeles Times, by Mayrav Saar.
Bender tells people hewas going to take some days.. He reportedly says he thinks Holm was the source.
960429 MONDAY:
Reports say Holm did not tell the IG about the Phelps matter, but he probably told other agents who may have told the IG.
Holm admits that he and Bender went to the jail. Holm said he told Bender,"Look, if the shoe were on the other foot Phelps would crucify us."
Holm gets Steven Phelps released.
Phelps cancelles his trip to Los Angeles to attend the Medal of Valor luncheon.
960430 TUESDAY:
Gorman tells people he doesn't think a problem exists. Gorman tells people he thinks Holm is the source because because he heard of a conversation Holm had with someone in which Holm allegedly said, "Why didn't he (Phelps) go to Kinko's."
960502 THURSDAY:
Dallas Morning News does a story on Phelps, by Bill Lodge. Phelps, reportedly, says the system is being misused in this case.
Phelps plans to travel to Washington DC on May 7 1996.
960503 Friday:
Frank Girardot phones Phelps twice; Phelps does not return calls.
960506 MONDAY:
Bender and Gorman are interviewed by two IG investigators.
Tony Ricevuto is interviewed by two IG investigators.
960506 Monday: Frank Girardot again phones Phelps twice; Phelps again does not return calls.
960507 TUESDAY:
Pasadena Star News reports Steven Phelps used DEA stationary to write to Arcadia PD.
Bender and Phelps call a Supervisors meeting and report what they did. They say they would do it again. They say will get the"coward" who leaked to the press.
WATCH
The Phelps matter continues to generate many, many questions.
Here are some we received?
Anyone who becomes aware of any information indicating that another DEA employee is in violation of the Standards of Conduct has an obligation to report that info immediately to a supervisor or the Office of Professional Responsibility. Did Bender, Gorman, Ricevuto or Holm think Phelp's request was valid DEA business? If not why didn't they report this violation by Phelps?
Why did Phelps call Bob Bender on 4-22-96? Was this an attempt at a cover-up? I heard that Bender said Phelps wasn't going to report this to Constantine unless it ended up in the newspaper. Did Phelps violate standards of conduct by not reporting this to Constantine?
On 4-22-96, did Phelps call Gorman, Ricevuto, Holm, or Simpkins? If yes, what did Phelps want? Ask each person if they talked to Phelps on or after 4-22-96, and what the conversation concerned?
In November 1995, did Phelps ask Simpkins to find someone in DEA Headquarters who knows cops in California who could help locate his son?
Did Simpkins recruit anyone to work on this in DEA Headquarters? If so, did Simpkins have permission to use DEA personnel to work on this private matter. If not, did Simpkins report this unlawful request of Phelps' to Constantine or Green?
Does Phelps have any relatives other than his son living in Austin in 1995?
Which relatives of Phelps live in Texas and where?
Does Phelps have a home in Austin?
Did Phelps take annual leave and go to Austin or did he travel on official business. If so what was the business?
Was it Constantine or Green who approved Phelps' annual leave to Austin or his work related travel to Austin in November 1995?
Did Constantine or Green know that Phelps son was missing and when did they know it?
If the crisis was so bad why didn't Phelps fly to Los Angeles from Austin upon locating his son in jail and take care of this matter personally rather than involving several DEA agents?
Was the missing son the basis for Constantine's transfer of Phelps to Dallas? Constantine said,"The reassignments of Mr. Phelps is at his request and is based on compelling person considerations."
If yes, when was this decided? The TTY was dated 11-27-95 and the son was not located by Phelps until 11-28-95. The letter to the Judge was 11-29-95.
Did Phelps fax his letter to the judge from the DEA Austin office?
Phelps was in Austin when he phoned to Robert Bonner, Judge Carol Elswick and Bob Bender. Did Phelps make telephone credit card calls or office calls re: his missing son? Someone should check all California calls from 11-18-95 to 11-30-95. They should also obtain all telephone tolls placed from the Los Angeles Field Division to the Austin TX area on 11-29-95.
What, if any, telephone calls were made by Steven Phelps from the jail?
What visitors are listed at the jail for Steven Phelps?
Which sheriff deputy and which watch commander made the decision to release Steven Phelps and why?
Were any DEA agents present in the jail area when Steven Phelps was released? If so were they in the public area or police officer area of the jail? Did they talk to the watch commander or any deputies about why they were picking up the prisoner Steven Phelps?
Also, did they ask for a early release or make any assurances to the deputies which would permit them to release him to their custody do to meeting criterion for jail overcrowding?
Obtain the name of the watch commander on duty on the day and time when Steven Phelps was released from jail. Interview him to see if he remembers who picked up Steven Phelps. Did Holm or Bender leave any business cards with the watch commander or deputies on duty?
Did the deputies see the make and model of the car Bender and Holm drove to the jail?
Did Holm use his sheriff department contacts to release Phelps Jr. and make it look like it was due to jail overcrowding? Who signed off on Steven Phelps' release?
Is there a jailers log or watch commanders log for visitor?
Obtain a copy of the release papers to see if anyone signed for Steven Phelps.
Did Ricevuto pick up a backpack from the Arcadia jailer? and did he use the OGV to do that and at who's direction did he do it?
Ask David DeVorre if he received the backpack from Ricevuto and if so, determine what he did with it.
How did the backpack get back to Phelps?
Obtain a copy of the DEA Memorandum dated November 29, 1995, allegedly written by Steven Phelps on DEA stationery. Determine who in fact wrote this memo. Determine if it was written on DEA computers or typewriters, when it was written, and where it was written.
WATCH
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