Steroids a key to defense in BSO slaying case, By: Dan Christensen

A slain deputy's alleged steroid use has become an issue in the prosecution of a Fort Lauderdale man charged in the death. That has upset the deputy's family.

March 20, 2006, Miami Hearld.com

The family of slain Broward Sheriff's Deputy Todd Fatta is outraged that his accused killer's lawyers are looking to defend their client by smearing Fatta with suggestions he used illegal steroids.

In court papers, Kenneth Wilk's defense disclosed that a toxicology report found anabolic steroids -- ''which can cause rage'' -- were present in Fatta's system at the time of his death. The papers also said investigators found Fatta's name on a ``list of illegal steroid purchasers.''

The defense papers characterize all that as ``crucial and likely mitigating evidence.''

Andrew Yaffa, a lawyer for Fatta's family, calls it ``an absolute red herring.''

''The family is very angry. They knew nothing about this issue,'' said Yaffa. ``The defense is grasping at straws. Whether Todd was taking steroids or not, he was doing his job and acting as instructed.''

''The bottom line is that Wilk certainly didn't know the medical history of anyone coming in his door when he grabbed a rifle,'' BSO spokesman Elliot Cohen said. ``Any way you look at it, he gunned down a deputy doing his duty.''

Wilk is awaiting trial in federal court for the murder of Fatta and the attempted murder of BSO Sgt. Angelo Cedeño. The deputies were shot as they attempted to serve federal search and arrest warrants in a child pornography investigation at Wilk's Fort Lauderdale home on Aug. 19, 2004.

Fatta's name was on a list of customers of PowerMedica, a Deerfield Beach pharmacy that is under investigation by the Federal Drug Administration. BSO placed eight deputies on desk duty in February 2005 after allegations they had obtained steroids from PowerMedica without a prescription.

BSO spokesman Cohen said the internal cases against the deputies remain open and that FDA continues to investigate.

Allegations about Fatta's steroid use became public in arguments Wilk made as he tried to block the government from seeking the death penalty against him. A trial judge's ruling last year kept the death penalty on the table. Wilk is appealing the decision.

TECHNICALITY

The technical issue before the appeals court: whether federal prosecutors gave Wilk's defense team proper pretrial notice of its decision to seek the death penalty.

William Matthewman, one of Wilk's court-appointed attorneys, would not discuss the case.

''I have a great deal of sympathy for Officer Fatta's family, but I really cannot comment,'' said Matthewman, who was a Miami police officer from 1975 to 1981.

Fatta was among a team of six lawmen who crept up to Wilk's door and announced, ''Police. Sheriff's warrant,'' several times, authorities have said.

After getting no response that morning, the officers used a battering ram to break down Wilk's front door.

Fatta, 33, was the first officer inside the home. Moments later, deputies heard rifle blasts and the nine-year veteran was found lying in a pool of blood. A high-powered slug had torn through Fatta's bulletproof vest. He died a short time later.

Cedeño was wounded.

Police said Wilk waited in ambush, firing his high-powered rifle as he crouched behind a kitchen counter.

INDICTMENTS

A week after Fatta's death, a federal grand jury indicted Wilk and his roommate, Kelly Ray Jones, on child pornography charges.

The following October, Wilk was indicted again on first-degree murder and other charges.

Wilk pleaded not guilty.

Because the officers were assigned to a federal task force, the U.S. Attorney's Office is prosecuting the case.

Fatta's family has sued Broward Sheriff Ken Jenne, alleging that Fatta's slaying could have been avoided.

The family maintains the agency should have used