Lawyers close Ramsey County corruption case by debating joke

The corruption case against two confidants of Ramsey County Sheriff Bob Fletcher goes to the jury today.

In closing arguments Tuesday afternoon, prosecutors said officer Timothy Rehak and Fletcher spokesman Mark Naylon are guilty of pocketing $6,000 during their search of an alleged drug dealer's room at the Kelly Inn in St. Paul.

The defense doesn't dispute the men left the room with the money, but they claim it was a practical joke played on a third officer, Sgt. Rollie Martinez.

"How come nobody knew about the practical joke?" Rehak's lawyer Kevin Short asked in closing. "The practical joke didn't work. ... You don't brag about jokes that don't work.

"This was stupid. Stupid," he said. "It violated policy, but if it was a joke, it was not a crime."

In his closing for Naylon, Paul Rogosheske said, "It might not be the most brilliant plan in the world, but it isn't criminal theft."

Assistant U.S. Attorneys John Marti and Joe Dixon said the joke defense didn't add up. Dixon called the claim preposterous. He displayed still photos from the FBI video showing Rehak handing Naylon the money.

"No way does an officer mess with money on a search," Dixon said.

The men face six corruption charges stemming from an "integrity check" in November 2004. The FBI planted $13,500 in marked bills in a hotel room and had an informant tell Rehak that a jailed drug dealer had left a stash in the room. The FBI videotaped showed Naylon motioning to Rehak, who flipped him a fistful of bills, and Naylon stuffed them into his pocket.

Two counts from a 2005 integrity check were dismissed.

Prosecutors repeatedly referred to "Mr. Naylon" and "officer Rehak." Naylon is not a peace officer, and as a civilian he should not have handled evidence, the lawyers said. He was the best man in Fletcher's recent wedding.

In contrast, Rehak was a 20-year veteran of the St. Paul Police Department who should have been well-versed in proper procedure and should not have handed the money to Naylon, prosecutors said.

Rehak and Naylon both worked in Fletcher's special investigations unit.

"This was a crime; this was no joke," Marti said.

The trial wrapped up Tuesday morning with Rehak's unapologetic testimony. Naylon did not take the stand. Rogosheske rested without calling a witness.

U.S. District Court Judge Patrick Schiltz denied the defense's request to dismiss the remaining six charges against the men. He said there is "enough evidence for the jury to find the defendants guilty."

The men, on paid leave from their jobs, are accused of four counts each of "honest services" wire fraud, depriving state citizens of their services. Each is also accused of stealing government money and conspiring to violate the civil rights of a person.

In the November 2004 integrity check, Rehak and Naylon searched the hotel room with Martinez, their supervisor. They claim they were "messing with" Martinez by hiding the money while he was in the bathroom and out of view.

A legal search warrant receipt left in the room said only $7,500 was found. Rehak, who watched Martinez sign the receipt, said he didn't tell him about the extra $6,000 because Naylon had not played his joke yet. Prosecutors say Naylon and Rehak later became suspicious about a set-up so they illegally returned to the room and Rehak changed the search warrant receipt.

Rehak testified Monday and Tuesday, denying wrongdoing. He did not apologize for mishandling evidence; he insisted it was a joke to knock Martinez from his self-constructed pedestal.

While questioning Rehak on Tuesday, Marti played another part of the FBI video in which Naylon and Rehak were alone in the bathroom while Martinez was out of sight. Marti asked whether Naylon could have "planted" the money for the "joke" then.

Rehak said he could have.

Under questioning from his lawyer Paul Engh, Rehak explained why Naylon didn't. "He wanted to stuff the money up in the toilet and couldn't find a rubber glove to do it," Rehak said.

Instead, Naylon is seen leaving the room to go to his car. Rehak said Naylon went to his car to get a flashlight to search the vents.

A little later, the video showed a drug-sniffing dog brought into the room. He reacted to drug residue on the $7,500 still in the room but not to anything in Naylon's pockets.

Marti questioned Rehak about whether his official police report about the search was accurate given he didn't include the joke.

Rehak said the report was "the facts minus the joke."

Marti said, "Because you didn't want anyone to know about this. ... So a report that omits material facts is accurate?"

Rehak said the joke was "impertinent," adding, "we're not going to put jokes in our police report."

Marti also asked Rehak about his second job as a painter and whether he claimed all the money he earned from that job on his tax returns, which he noted are signed under penalty of perjury.

"I'm not going to say I lied on my tax returns," Rehak said with a derisive scowl. "I'm saying I didn't report some of the income."

Marti said, "So your income tax return was false?"

Rehak said, "Correct."

Engh asked Rehak whether he and Naylon intended to steal the money. Rehak said, "We had absolutely no intention of doing anything with that money other than turn it in."

Schiltz said he will instruct the jury for more than an hour today and then deliberations will begin.

Rochelle Olson • 612-673-1747