Some “irregularities” were found pursuant to an audit requested by Sheriff Jackie Matheny, Jr. at the time of the administration change-over.

Due to the “inherent appearance of conflict of interest” that would arise from the office investigating itself, Attorney General Chris Stanford requested assistance from the Tennessee Bureau of Investigation. The DA’s office issued a press release on Monday regarding former investigator with the Warren County Sheriff’s Department, Stephen Carpenter, who was fired by the department and is currently under investigation by the 14th Judicial District and TBI. 

The investigation is specifically looking into the time period between March 21, 2022 and his termination by Matheny, Jr. on Sept. 20, 2022. The DA’s office is making evidence available to any defense attorneys whose clients’ cases may be affected. 

A Warren County Sheriff’s Department audit revealed “significant irregularities” related to Carpenter who failed to secure or log evidence in various criminal investigations which affects the chain of custody. 

Some of the mishandled evidence including money and guns were found in Carpenter’s home, vehicle and office at WCSD. Of $8,000 at issue in the investigation, $365 isn’t fully accounted for, though it’s noted that “out of necessity, investigators relied partially on Carpenter’s own information and knowledge” to determine what money was spent on what investigations. 

Some narcotics, including meth and heroin recovered, “were not tied to any specific criminal investigations” though this is chalked up to “failure to create documentation” and it is pointed out that there is not any evidence that Carpenter personally used, sold or “otherwise personally benefited from any mishandled evidence.” 

According to the DA’s office, there have been no Brady violations in regard to Carpenter. A Brady violation occurs when a prosecutor fails to disclose information that could clear a defendant of charges they are facing. Physical evidence such as DNA, fingerprints or video footage that is exculpatory, meaning that it would definitely prove innocence, must be turned over to defense whether they specifically request it or not. 

Exculpatory evidence means evidence which could prove the innocence of a defendant. Police officers and agencies are considered to be part of the prosecution team for purposes of Brady. Certain police officers who have had repeat issues with credibility, honesty or criminal complaints they were found guilty of are “Giglio/Brady-listed” so they are ineligible to give testimony in court. 

When asked about whether Carpenter may end up listed, Stanford replied that he “cannot speak to this issue due to ethical and legal limitations I am under due to the ongoing criminal investigation by the 14th JD DA's office and the TBI.” 

Brady covers material exculpatory evidence and information that could impeach the credibility of state’s witnesses.  Later court precedent in US v Giglio held that if the reliability of a witness could determine guilt or innocence, non-disclosure of evidence that would impeach their credibility falls under the purview of the Brady rule whether or not the prosecution acted in good faith.

Brady violation may occur when a court finds that the prosecution (and police investigators are considered prosecution for this purpose) failed to abide by disclosure rules set forth in Brady and Giglio-related rulings. Attorney General Stanford’s office mean to meet or exceed the obligations of disclosure under Brady and Giglio by making the general Brady disclosure available to the press and public as well as to specific criminal defense attorneys whose cases might be affected. Stanford says the disclosure was submitted to every defense lawyer who practices in Warren County criminal courts, the Warren County Bar Association, Warren County Circuit Clerk’s Office, local press and Tennessee Association of Criminal Defense lawyers. 

Stanford deferred to Attorney General Craig Northcott for any further questions. When asked if there were plans to ensure that Carpenter was put on a Brady/Giglio list, he explained he didn’t have any cases with him in Coffee County so that wouldn’t apply and he was unable to ethically comment on an ongoing investigation. The National Registry of Exonerations shows that cases overturned because of perjury and official misconduct by prosecutors or police have more than doubled from 2008 to 2018. In Warren County, Alan Roberts is the only person listed as having been Brady-listed. After a Brady violation he would be fired for sexually assaulting a woman while on duty. Across the country dozens of officers on Brady lists are still testifying at trials.

The Southern Standard has requisitioned any internal affairs and disciplinary documents from the Warren County Sheriff’s Department in regards to the Carpenter case under the Tennessee Public Records Act internal affairs and should have more information available once any responsive records have been obtained.