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OFFICERS ENGAGE IN SEX ACTS WITH SUSPECTS

Last Update:11/7/2007 6:35:03 PM
Web Editor: Jake Wade

By: Sheeka Strickland

Warning: Content is of Explicit Nature.

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Defense Attorney Rachel Caputo

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Clayton County Sheriff Victor Hill View 438 comments.
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Massage Parlors Still Open

Massage Parlors Open Again?

13WMAZ has learned of a case in which investigators from the Bibb County Sheriff's Office admit
they engaged in sexual activity with suspected prostitutes to make their case.

Undercover investigators went into a business on Arkwright Road and wrote in their report that
they engaged in sexual activities with employees at the Four Seasons Sauna before they
returned later to arrest them.

13WMAZ obtained a police report that says in 2004 Sheriff's investigators Ted Darley and
Duncan Matthews received sexual services from employees at the Four Seasons Sauna.

They paid employees with $480 in tax payers' money. Hours later they charged Che Sun Lee
with pimping and keeping a place of prostitution and Myung Rim Oh with prostitution and
masturbation for hire.

"I think that the way these cases are investigated is horrendous," says Rachel Caputo, the
defense attorney who represented Lee and Oh before she left her law firm for health reasons.

Caputo says it's doubtful a jury would convict the women because of what the officers did.

Georgia law 16-6-9 says "A person commits the offense of prostitution when he or she performs
or offers or consents to perform a sexual act, including but not limited to sexual intercourse or
sodomy, for money or other items of value."

That means according to the law officers only need to be solicited to charge someone with
prostitution.

Sheriff Jerry Modena refused us an interview, but Chief Deputy David Davis said sometimes they
ask investigators to engage in sex acts with people they investigate.

"We wouldn't ever have an investigator go in and do something that was against his or her own
moral code and of course against anything that the sheriff's office has a policy on," Davis said.

He says investigators only go into a suspected place of prostitution enough times to establish a
crime.

"The investigators may have to go back a second or third time to make sure that all of the
employees are engaged in the various activities," Davis said.

http://www.13wmaz.com/news/new_story.aspx?storyid=45063 11/25/2007
13WMAZ.com - Local News Article - Officers Engage in Sex Acts with Suspects Page 2 of 2

13WMAZ asked the Sheriff's Office for the investigative file. It says investigators engaged in sex
acts with Four Seasons Sauna employees five times. Four seasons is still open for business three
years later.

In Clayton County, just south of Atlanta, the Sheriff's Office shut down all of their massage
parlors last year. Police reports show investigators never had sexual contact with anyone.

"It's not necessary to have to go through the actual sexual act," said Clayton County Sheriff
Victor Hill.

Hill said his officers did not find case law that said a case could be dismissed if officers had
sexual contact with prostitutes as part of the investigation, but they didn't want to take that
chance.

"We still didn't want any defense attorney to say that my guys were a party to the crime, and all
the law requires is that they were solicited," Hill said. "So what we want to do is simply be
solicited and stay within the confines of the law and go forward."

To be fair and balanced we contacted both investigators Ted Darley and Duncan Matthews to get
their side of what happened. Neither would talk to us.

This 2004 case just recently got settled in state court.

According to Bibb County's Solicitor-General Otis Scarbary, defendant Che Sun Lee pled guilty in
absentia, which means she pled guilty without coming back to the county.

She entered her plea in September.

Lee paid her $740 and is serving 12 months probation.

An Assistant Solicitor dismissed the charges against Oh, the other defendant, because they
couldn't find her.

According to Chief Deputy Davis the sheriff's office has not investigated any more massage
parlors since this 2004 case

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http://www.13wmaz.com/news/new_story.aspx?storyid=45063 11/25/2007