THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, December 29, 1995 TAG: 9512290737
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ROBERT LITTLE, STAFF WRITER
DATELINE: RICHMOND LENGTH: Medium: 85 lines
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, according to a state police report released Thursday.
Police found that Metzger did break with Parole Board policy by ordering the arrest of an inmate who had already been released from parole, and that he 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 state 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 illegally issued an arrest warrant for an inmate already released from parole, 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 illegally deferred the mandatory release date of Braxton Lee Bumpers. Formerly a Southampton Correctional Center inmate, Bumpers embarrassed Allen administration officials by allegedly 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 committed perjury while testifying at a trial in Virginia Beach concerning another case in which he ordered an inmate's arrest without the consent of the rest of the Parole Board. After reviewing the court transcripts, police determined the allegation was a misunderstanding.
Charges of racism and sexual harassment. The report uncovered no incidence of racism or intimidation, but it 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 backdated arrest warrants. They found no evidence of intentional deception, but said Metzger's workload - including as many as 200 warrants a week - contributed to some errors.
The investigation did not support the most serious allegations - that Metzger was altering the date on arrest warrants to show that they were issued before inmates were ordered to be released.
But regardless, the Parole Board's practice of setting release dates is a matter of board policy, not state law, the report said. Kilgore said the administration expects to revise Parole Board policies so they more closely match the law.
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. MEMO: The Associated Press contributed to this story. ILLUSTRATION: Color photo
John Metzger III, Former Virginia Parole Board chairman
by CNB