ROANOKE TIMES
Copyright (c) 1995, Roanoke Times
DATE: Friday, December 29, 1995 TAG: 9512290076
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
DATELINE: RICHMOND
SOURCE: ROBERT LITTLE STAFF WRITER
Former Virginia Parole Board Chairman John B. Metzger III, who resigned last month amid allegations that he misused the authority of his office, did not violate any state laws and will not face criminal charges, a state police investigation concluded.
The investigators' results were released Thursday.
They found that Metzger did break with Parole Board policy by ordering the arrest of an inmate who had already been released from parole supervision. Metzger also made comments to employees that contained inappropriate sexual references.
But none of his actions violated any state laws, and prosecutors will not pursue the case in court, the report said.
``There were no wrongs, the way I read the report, except that I was a little loose with the lips on the wisecracks,'' Metzger said.
Police also rebutted claims that Metzger altered Parole Board documents to keep inmates jailed longer. After reviewing files for several hundred of the 25,000 cases reviewed under Metzger's watch, investigators uncovered 10 "irregularities." But they attributed them to paperwork delays, misunderstandings or unintentional human error, and did not investigate further.
"We found no criminal intent whatsoever," said Col. M. Wayne Huggins, superintendent of the Virginia State Police. "And that was our mission - to conduct a criminal investigation."
Officials in the Allen administration said the findings should allay concerns that the state is vulnerable to lawsuits from inmates improperly jailed by Metzger's actions.
"I think it's a good step," said Public Safety Secretary Jerry Kilgore. "There will always be claims, and we expect claims. But it's clear from this report that there was no violation of the law."
Metzger resigned Nov. 16 after reports circulated that the Allen administration was investigating the charges. The state police began their investigation the next day.
It addressed four specific allegations:
That Metzger issued an arrest warrant for an inmate who already had been released from parole supervision, then altered documents to conceal his actions. Forensic scientists determined the documents had not been altered. Issuing the warrant did go against Parole Board policy, however.
That Metzger deferred the mandatory release date of Braxton Lee Bumpers. Formerly a Southampton Correctional Center inmate, Bumpers embarrassed the Allen administration by reportedly conning prison guards into getting him food, liquor and a cellular phone.
While prosecutors were considering leveling charges, Metzger extended Bumpers' release date - allowed under state law, the police report said. Bumpers has since been released by the Parole Board.
That Metzger might have committed perjury while testifying at a trial in Virginia Beach about another case where he ordered the arrest of an inmate on parole without the rest of the Parole Board's consent. After reviewing the court transcripts, police determined the allegation was a misunderstanding.
That Metzger might have been guilty of racism and sexual harassment. The report uncovered no incidence of racism or intimidation, but said Metzger occasionally told jokes with sexual references that others found offensive.
The report said police also researched several hundred inmate files to explore allegations of other altered documents and back-dated arrest warrants. They found no evidence of intentional deception, but said Metzger's workload - as many as 200 warrants a week - fostered some errors.
Metzger said he harbors no bitterness and plans to start looking for a new job immediately. A former U.S. marshal and state Republican Party political director, he put his job search on hold during the state police investigation.
``I felt, in my own opinion, I wouldn't hire me with a state police investigation hanging over me,'' he said.
The Associated Press contributed information to this story.
LENGTH: Medium: 81 lines ILLUSTRATION: PHOTO: John B. Metzger III/``Loose with the lips''by CNB