By Marty Trese, KnoxPages.com Editor
COLUMBUS – The sentencing date for former Mount Vernon Police Detective Sergeant Matt Dailey, who pleaded guilty earlier this year to extortion under color of official right, is not until September 16. Today both the U.S. government and the defense submitted memoranda to the U. S. District Court judge who will sentence Dailey. Dailey resigned from the MVPD last year after serving 10 years with the department.
The government’s document states that the United States submits that a sentence within the applicable guideline range of 108–135 months (9-11 years) is reasonable and appropriate in Dailey case. A public official commits extortion under the color of official right when he obtains a payment to which he is not entitled knowing that it was made in exchange for official acts.
The statement of facts in the case describes how Dailey used his official position as a Detective Sergeant with the MVPD to facilitate the sale of drugs outside his official duties.
The following is an excerpt from Dailey’s attorney, Sam Shamansky’s defense memorandum:
“Defendant’s uncharacteristic conduct in the instant case is rooted solely in addiction and desperation. While apprehending a suspect, Mr. Dailey sustained a serious injury to shoulder, requiring numerous surgeries. Regrettably, Mr. Dailey became addicted to opiates, an addiction from which consumed his life in ways unimaginable, and which directly caused the behavior underlying this offense.
As this Court has witnessed over its many years on the bench, Mr. Dailey’s addiction to opiates strangled his judgment and robbed him of the clearness of intellect necessary to avoid the desperate and deplorable actions he undertook in an effort to satisfy his opiate cravings.
Regrettably, Mr. Dailey was likely too proud to seek professional help and continued to spiral downward.
Even though the Government continued to beat its righteous drum, deploring the act of a police officer selling narcotics, it inexplicably ignores the cause of Mr. Dailey’s problem. Profit motive? Zero. Trafficking in narcotics? Yes, but only for the purpose of feeding his own addiction.
An excuse? No. Merely an explanation.”
Later in the memorandum it says “Mr. Dailey has accepted full responsibility for his conduct, as demonstrated by his plea of guilty. He has fully cooperated with government officials and provided all information requested. In short, Mr. Dailey understands the severity of his conduct, blames only himself, and is genuinely remorseful.”
To read the government’s memorandum click here.
To read the defense’s memorandum click here.