DAYTON DAILY NEWS                   Copyright (c) 1996, Dayton Newspapers Inc.DATE: Tuesday, August 20, 1996               TAG: 9608200037EDITION: CITY           SECTION: NEWS        PAGE: 1A TYPE: MAJOR SOURCE: By Wendy Hundley and Janice Haidet Morse DAYTON DAILY NEWS                              OFFICERS ON TRIAL                   BAILEY ACQUITTED; CHILDS GUILTY 1 COUNT                   JURY DEADLOCKS ON 2 OF CHILDS' CHARGES   A suspended Dayton police officer on Monday was acquitted of all eight charges and his partner was found guilty of  one of 10 drug-related charges.   William Eric Bailey, cleared of all drug-related felony charges against him, is expected to return to work today.   But police officials are recommending that Charles F. Childs, who was foundguilty of a single count of conspiracy to commit aggravated drug trafficking, be fired.   After deliberating almost 20 hours, the jury was deadlocked on two remaining charges against Childs - aggravated trafficking and possession of a controlled substance.   Judge Barbara P. Gorman of Montgomery County Common Pleas Court declared a mistrial on those two counts, and prosecutors now must decide whether to re-try Childs on those charges.   Jim Knight, a spokesman for the prosecutor's office, declined comment on the case or whether a new trial would be sought.   After the jury read its verdict shortly after 2 p.m., a jubilant   Bailey said he was headed straight to Dayton police Chief Ronald Lowe Sr.'soffice to try to get his job back.   In a news conference following the verdict, Lowe said Bailey would report for duty this afternoon and will undergo some training before getting his assignment. Lowe said he will ask City Manager Valerie Lemmie to terminate Childs immediately. Convicted felons are prohibited from working as police officers.   Both Bailey and Childs will remain under scrutiny as part of an internal investigation, a standard procedure, reviewing officers' actions as well as departmental procedures "so that other officers will not be caught and bound up in (similar) types of situations," Lowe said.   During the trial, other officers testified for and against the defendants. Lowe said any retribution against those who testified "would be totally unprofessional" and would be handled accordingly.   Lowe said he believes the investigators, prosecutors and jury did the best they could with the evidence they had to work with. "I will abide by (the verdict) because I believe in the system - the system is all we have," Lowe said.   Bailey and Childs were suspended in February 1995 after they were accused of using, stealing and selling drugs while they were bike patrol officers in the city's Third District.   "I'm grateful this is over and I'm ready to get this ankle bracelet off," said Bailey, who has been under house arrest.   Asked if he felt other officers would welcome him back to the department, Bailey said "not every officer accused me. I've got a lot of friends in the department. Some will (welcome me), some won't. This has not shaken my faith in police work."   Bailey maintained he holds no grudges and doesn't believe anyone planted drugs on him.   "They charged (Bailey) simply because he was Childs' partner," said Bailey's attorney, John Rion.   Childs, on the other hand, testified that a vengeful ex-girlfriend planted drugs at his home and made false accusations against him to the police drug investigations unit. He said there was intradepartmental jealousy between the drug unit and bike squad members.   Childs' was unavailable for comment after the verdicts. He's scheduled to be sentenced on Wednesday for the conspiracy to commit aggravated trafficking charge.   Childs' attorney, Richard Skelton, said that's a fourth-degree felony carrying a maximum penalty of 18 months in prison. Skelton said the judge may find that Childs already served that time and may order him to go free.   Still facing trial on charges related to the case are Childs' wife, suspended police officer Dineah Ann Childs, and her cousin, Sean Orlando Pauley. Each faces two racketeering counts and two counts of conspiracy to commit aggravated trafficking.BOX:      Charges and verdicts             Here are the verdicts that were handed down Monday on Dayton police      officers William Eric Bailey and Charles F. Childs          Childs          * Aggravated robbery: not guilty     * Aggravated robbery: not guilty     * Aggravated robbery: not guilty     * Aggravated burglary: not guilty     * Theft of drugs: not guilty     * Theft of drug: not guilty     * Conspiracy to commit aggravated trafficking: guilty     * Drug abuse: not guilty     * Aggravated trafficking: deadlocked     * Possession of a counterfeit controlled substance: deadlocked          Bailey     * Aggravated robbery: not guilty     * Aggravated robbery: not guilty     * Aggravated robbery: not guilty     * Aggravated burglary: not guilty     * Theft of drugs: not guilty     * Theft of drugs: not guilty     * Conspiracy to commit aggravated trafficking: not guilty     * Drug abuse: not guilty     LENGTH: Long  :  117 LINESILLUSTRATION: PHOTO: CREDIT: BILL GARLOW/DAYTON DAILY NEWS          (1) William Bailey (left) with attorney John Rion outside court.           Bailey returns to the police force today.          (2) Charles F. Childs          SUBJ: POLICE OFFICERS      CONDUCTNA: WILLIAM ERIC BAILEY    CHARLES F. CHILDS    ENHANCER: REF2================================================================================ 5 of 17, 2 Terms                                                               Transfer complete. Press [RETURN] to return to Menu: