DATE: Thursday, October 23, 1997            TAG: 9710230522

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL 

SOURCE: BY JUNE ARNEY, STAFF WRITER 

DATELINE: CHESAPEAKE                        LENGTH:   79 lines

CHESAPEAKE OFFICER PLANS TO SUE CITY FOR DEFAMATION

One of two police officers investigated for his possible role in pornography involving a teen-ager on the Internet plans to sue the city, alleging defamation of character.

A letter to the city attorney on behalf of Detective Robert Lunsford, 35, says that the Police Department ``defamed him by disseminating false information, namely that Mr. Lunsford was charged and or arrested for engaging in criminal activity.''

The letter notified the city of Lunsford's intention to sue.

``Employees intentionally inflicted emotional distress upon him and subjected him to insulting words,'' according to the letter, dated Tuesday. ``The Chesapeake Police Department's handling of all matters relating to this incident has violated the Department's internal procedures and has been conducted in a manner that has caused him pain, suffering, loss of reputation, and other damage.''

Dave Hughes, a spokesman for Chesapeake police, said the department is referring all calls on the matter to the city attorney's office.

``We've received it, and not having a lot of the facts that they've alleged, we can't really comment on it,'' City Attorney Ronald Hallman said Wednesday. ``We don't feel we've injured his reputation in any way.''

Lunsford, a 12-year veteran, said he could not discuss the situation because of department policy and referred questions to his attorneys. The lawyers did not return telephone calls on Wednesday.

Under Virginia law, an individual who wants to file a lawsuit against a municipality seeking damages for negligence must notify the city within six months of the alleged incident.

Lunsford and police Sgt. R.V. Williams, a 19-year veteran officer, were placed on administrative suspension in April during an investigation into their possible involvement with child pornography. Authorities have released no details of the investigation, which was conducted largely by the FBI. The Chesapeake commonwealth's attorney's office also reviewed the case.

Neither officer has been charged. A grand jury has been considering the matter for at least two months.

``It's my understanding (Lunsford) is not a target of the federal investigation,'' said attorney Troy Spencer, who represents Lunsford in his employment issues with the city. ``I do not expect any charges to be filed against him - never did.''

Andrew Sacks, an attorney representing Williams, said Wednesday that although it appears some criminal investigation continues, he expects that his client's name also will be cleared.

``We're not concerned at this stage with evaluating any civil action or assessing any civil responsibility,'' Sacks said. ``We're most concerned with his good name not being tarnished by an indictment that we believe would not be supported by the evidence.''

Sacks said his client has a grievance pending with the city regarding pay withheld during his suspension.

The criminal investigation arose out of an official investigation in which Williams was trying to ``ferret out some real criminals,'' Sacks had said.

The case involves allegedly pornographic pictures of a 16-year-old girl who lives in the Midwest.

The alleged victim in the case says she met the police officers via computer while helping Williams in an investigation.

The officers originally were suspended with pay, but the pay was removed in late May. They returned to work with pay, but to clerical jobs, on July 1. Lunsford is entering data related to pawn shops and Williams is doing administrative work in the uniform patrol office. They have not recovered the pay that was withheld during the suspensions.

More than two dozen of Lunsford's friends and neighbors have rallied to his cause. They say Lunsford's personal life has been ruined and his otherwise good reputation damaged beyond repair.

Since the allegations, Lunsford has been harassed in public, has received so many obscene calls that he had to add a second telephone line so that he could talk to friends, and has had to change his pager number, his supporters say.

On Tuesday, Lunsford, while at his office, was taken to Chesapeake General Hospital by ambulance. He was having chest pains believed to be caused by stress, and is undergoing cardiac tests. He is expected to be out of work under doctors' orders until next week. ILLUSTRATION: [Color Photo]

Robert Lunsford was investigated for a possible role in pornography.

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