ANCHORAGE (KTUU) - KTUU obtained the Brown Report, a 97-page investigation of Anchorage Police Department actions amid drug and sexual assault scandals within the Alaska National Guard starting in 2010, through a court order after seeking access to the report as a public record.
The report has become a key piece of evidence in a wrongful termination lawsuit brought against the city and now being tried in U.S. District Court in Anchorage.
The Brown Report, named for the investigator who produced it, retired Pennsylvania police officer Lt. Col. John Brown, reviews the conduct of Henry and then-Anchorage Police Chief Mark Mew.
Henry had the top role in a special police unit that investigated drug and sexual assault cases in the Alaska National Guard. He also had close ties to the guard, which then was headed by a former Anchorage Police Department captain, Tom Katkus.
The report chronicles how a drug dealer connected to the Mexican Drug cartel La Familia became an informant with inside information about cocaine and marijuana dealing within the guard's recruitment unit. That informant, along with a second drug informant, were identified in the report by only their initials.
The report also details how the identify of a guard member who knew the names of three or four sexual assault victims was inappropriately leaked to guard leadership, including Katkus, who carried the rank of major general. That guard member was identified only as "K.B." After a 2010 meeting attended by Katkus and Henry, the Guard investigated him and recommended he be reprimanded and removed from command. He retired in 2012, according to the report.
“K.B. related he was even given a direct order by the command staff to release the names of the AKNG sexual assault victims and he refused to comply,” the report said, describing the 2010 meeting. “K.B. once again related he remembered looking at LT Tony Henry because he knows what an intimidating stare looks like and LT Henry just locked eyes on him.”
Brown's conclusions are critical of Henry for telling Katkus and others the names of informants and who was being looked at for illegal drug deals. Henry was also criticized for sharing confidential information about sexual assault cases to unauthorized individuals, including Katkus.
The report quotes an FBI agent in Anchorage, Steve Payne, as being incredulous over the leaks when he was interviewed in 2014 for the report.
"SA Payne related he was aware that employees from the APD had briefed General Katkus of the AKNG of the existence of the AKNG drug investigation within several days of it being initiated and frankly this disclosure blew him (SA Payne) away.”
The Brown report also says that Henry ordered a halt to criminal investigations into national guard members.
The report criticized Mew for not acting sooner to investigate Henry's activities, despite repeated requests from other high level officers. Investigator Brown suggested that Mew "abdicated his authority" when Mew declined to take action regarding Henry, sometimes citing a request by the city not to do anything to Henry that could be perceived as a reprimand or retaliation. Mew said the city was concerned that Henry might have a claim against it over Henry's protection of an officer with a medical condition.
Brown found that Mew's "...continued delays in holding Lieutenant Henry accountable for his conduct has exposed the APD to criminal and civil ramifications, has negatively impacted APD's reputation in the community, and has not mitigated any risk to APD."
The report is being admitted as evidence in Henry's wrongful termination suit. His attorneys say it is part of the retaliation against him.
Mew, for his part, told Brown that he thought Katkus should be investigated by the FBI.
Mew testified Wednesday and scheduled to resume the witness stand Thursday. Katkus is scheduled to testify on Friday.