MIKE DONOGHUE

Free Press Staff Writer

COLCHESTER – The arrest of a veteran Colchester police officer who was in charge of evidence storage and associated record-keeping places countless criminal cases in jeopardy, Chittenden County State's Attorney T.J. Donovan said.

Detective Cpl. Tyler Kinney, 38, of Jericho is scheduled to face federal drug-trafficking and gun-related charges Wednesday in U.S. District Court in Burlington, Burlington and Colchester police said in announcing the officer's arrest.

Kinney, a 12-year police veteran, is jailed without bail on a federal detainer at the Chittenden Regional Correctional Facility in South Burlington. It was unclear Tuesday whether he had a lawyer.

The federal charges were part of the fallout from an unrelated court-ordered search of a Burlington home early Monday, city Police Chief Michael Schirling said.

A gun found in the home was supposed to be in the Colchester police evidence room, town Police Chief Jennifer Morrison said. A subsequent check revealed that an undetermined amount of drugs had been diverted from the police evidence locker.

Donovan told the Burlington Free Press that any evidence placed in the secured room most likely went through Kinney's hands and now can be called into question.

RELATED: Statements from police on Kinney's arrest

The veteran prosecutor said his office would have to conduct an intensive legal review of every pending case that Kinney was involved in or might have handled evidence.

Donovan said the examination would expand from drug and gun cases to burglaries, thefts and other investigations the department handled.

"Anything he touched or was in charge of can be called into question," Donovan said. "We need to maintain the integrity of the system. This is no longer about guilt or innocence. It is about, 'Did government do its job?' "

Morrison said Kinney has been placed on unpaid administrative leave.

Tuesday night, the Colchester Selectboard met and were briefed on the situation. Selectboard members, who could be asked to handle any possible disciplinary action for Kinney, had little to say.

"The Selectboard really does not have a comment at this time. We are fully aware of the allegations against Officer Kinney, and we understand that the federal government is conducting an investigation," Chairwoman Nadine Scibek said to start the meeting.

"We are also confident in our administration's conduct and due process, and that our administration will take action to determine and to hold Officer Kinney accountable if the facts so warrant," she said.

Rare disclosure

Earlier Tuesday, Schirling said it is rare for local police to comment on criminal proceedings headed to federal court, but transparency was essential in this case.

"It is unusual to release information about a Federal case prior to charges being brought in Federal Court," Schirling said in a written statement. "However given the nature of the case, we have worked with Federal prosecutors to ensure that the public is fully informed as possible under the circumstances."

Donovan, who learned about the case Monday, said he conferred Tuesday with U.S. Attorney Tristram Coffin. Donovan said he told Coffin the state also has an interest in the evidence-tampering case.

Coffin told the Burlington Free Press that Schirling had briefed him about the chief's proposed statement, but the prosecutor declined to comment further. Coffin said his office policy is not to publicly discuss cases until charges formally are filed in court.

Kinney joined Colchester police July 29, 2002, and was promoted to corporal in 2012. He was assigned to the Chittenden Unit for Special Investigations from 2005-10. CUSI primarily handles sex-crime cases.

He is scheduled to appear for an initial hearing Wednesday in U.S. District Court in Burlington before Magistrate Judge John Conroy. Conroy will review the charges with Kinney, but no plea is requested at the initial hearing.

'Breach of public trust'

Chief Morrison stood alone at a podium in a Colchester police conference room Tuesday afternoon for the news conference to share details of the case.

"Today is the darkest day in the history of the Colchester Police Department," said a somber Morrison, only the third chief for the nearly 50-year-old department.

"In my 24 years in law enforcement, I've never been so disappointed," the former Burlington deputy chief said.

Morrison said the case began when a gun that was supposed to be in the police department's evidence storage locker turned up during the drug raid early Monday in Burlington. The investigation snowballed from there.

"Mr. Kinney was in charge of evidence storage and associated record-keeping," she said. "The investigation has shown that a still undetermined amount of drugs were diverted from our evidence locker by Mr. Kinney."

Morrison said she was unable to take questions Tuesday but would be available after the arrest documents become public Wednesday.

"I recognize the magnitude of this breach in the public trust. On behalf of the other 37 hard-working men and women of CPD, I want to apologize for the negative attention this is going to create. We share your outrage and shock," Morrison said.

"We are committed to continuing to provide outstanding public-safety services while we also address this administratively."

The case unfolds

Before Tuesday's news conference, the Burlington Free Press confirmed the following details from law-enforcement:

Burlington police Cpl. Tom Chenette, who headed a drug investigation, obtained a search warrant for a home where drugs and a firearm were found early Monday morning. A convicted felon was questioned.

Based on the felon's statements to Burlington police, an agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives joined the case.

Based on the Burlington investigation, information was collected that pointed to Kinney as the source of the firearm and possibly the drugs in the felon's possession.

By early Monday afternoon, Burlington police, along with the ATF, had developed enough of a case that investigators alerted the FBI and eventually the U.S. Attorney's Office.

The felon has not been identified publicly and has not been charged.

Morrison, who was out of state following the recent death of her father, was notified and returned to Colchester to deal with the fallout. Her department has been cooperating with the joint Burlington and federal investigation.

No information was available at U.S. District Court, which was closed Tuesday in honor of Veterans Day.

Contact Mike Donoghue at 660-1845 or mdonoghue@freepressmedia.com. Follow Mike on Twitter at www.twitter.com/FreepsMikeD.



