Columnist Jeff German: Keller may face political fallout over Mendoza shooting

Thursday, Aug. 27, 1998 | 10:40 a.m.

LEAVE IT TO THE FEDS to stir things up on the political scene here.

The Justice Department is winding down its civil rights investigation into the December 1996 drive-by shooting of Daniel Mendoza, and it could cause some political fallout for Sheriff Jerry Keller.

The grand jury probe seems to be exciting Keller's critics, who have voiced concern about the thoroughness of Metro Police's inquiry into the shooting.

This week it was learned that ex-cop Christopher Brady has received a letter indicating he's a target of the federal investigation. Such letters only go out when prosecutors are wrapping up their presentations to a grand jury.

Brady, the son of a veteran Metro detective, was the star witness in the police probe that charged his former partner, ex-Officer Ron Mortensen, with the murder. Mortensen was convicted and ordered to serve a life prison term without the possibility of parole. But Mortensen has contended for months that Brady, who was never charged, was the real shooter.

The federal grand jury is believed to be hearing evidence of Brady's alleged role in the Mendoza killing, as well as other possible illegal activities on the part of Brady and other officers.

Evidence from the grand jury probe has persuaded District Judge Joseph Pavlikowski to hold a Sept. 28 hearing on whether to grant Mortensen a new trial. By then, it's conceivable that the grand jury will have taken some action.

That could make for some uncomfortable moments for Keller in his re-election bid.

Keller, who's riding high in the polls, should have no trouble emerging from Tuesday's primary as the clear front-runner. But by the time election day comes around Nov. 3, there's a good chance the popular incumbent will be tired of answering questions about Christopher Brady.

The sheriff's two biggest challengers, Chuck Lee and Bobby Hitt, both are prepared to make the Mendoza case an issue in the race should they survive the primary.

"I think this confirms some of the things I said when I announced my candidacy," Lee said. "This case was not handled properly at its inception."

Lee first let his feelings known last May, when he held a news conference at the site of the shooting, 537 McKellar Circle, the day he jumped into the sheriff's race.

Detectives interviewed Brady after the shooting for only 18 minutes, about the time it takes to issue a traffic citation, Lee charged.

Lee, a former homicide detective and chief investigator with the district attorney's office, said Brady should have been grilled for about 5-6 hours.

"This is the biggest scandal that has ever hit the Metro Police Department, and the responsibility rests with the sheriff," Lee said.

Hitt, a retired Metro lieutenant, said the cops on the street are upset that Brady was never arrested.

"Most of them feel that he should have been charged and gone through the system and let the court decide whether there's something there," Hitt said.

The decision not to prosecute Brady ultimately was made by District Attorney Stewart Bell.

Bell insisted this week that the physical evidence developed in the investigation clearly shows that Mortensen was the shooter.

Keller could not be reached for comment, but he has defended the police investigation in the past.

Metro's high command said it won't hesitate to charge Brady in the slaying if new evidence warrants prosecution. It's a politically astute position that will help minimize any fallout for Keller.

Billy Vassiliadis, the sheriff's political strategist, said Keller will have no trouble dealing with breaking events in the Mendoza case.

"The sheriff feels comfortable in the knowledge that he and the department did everything by the book and by the numbers in the investigation and the representation of the case to the district attorney's office," Vassiliadis said.

"This community believes that this sheriff has very high ethics and integrity and very low tolerance for bad behavior inside the department."

Vassiliadis said crime is down in every category since Keller took office four years ago, and that's something the voters will remember when they go to the polls.

Another veteran consultant not involved in the sheriff's race said Keller's opponents may have a difficult time making an issue out of the Mendoza case.

"It's not going to resonate with the voters unless they can demonstrate gross negligence on the part of the sheriff," the consultant said.

"If I were the sheriff, I'd be worried about what's coming out of the grand jury, but I wouldn't be panicking."