At the recommendation of the Timothy Cole Commission, Texas has passed strong new legislation requiring the government to collect a range of data on its jailhouse informants, including prior testimony and benefits, and to turn that data over to the defense. The bill is here.
And here is the New York Times Editorial Board’s glowing review of the new law, Texas Cracks Down on the Market for Jailhouse Snitches, calling it “the most comprehensive effort yet to rein in the dangers of transactional snitching.” The Times also notes, however, that prosecutors are supposed to turn over such evidence anyway and that further reforms are called for, such as reliability hearings and barring informants in capital cases.
Prosecutor in Willingham case tried for ethics violation, and acquitted
Originally posted May 3: In a rare display of potential discipline, the prosecutor who misused a jailhouse informant against Cameron Todd Willingham–John Jackson–is on trial for ethics violations. “Specifically, the state’s lawyers contend that Jackson made a deal with a jailhouse snitch who agreed to testify against Willingham and then hid that deal from Willingham’s defense attorneys — a clear violation of both law and ethics. They say that Jackson took extraordinary measures over the next two decades to conceal his deceitful actions.” Here is the story from The Intercept.
Update May 13: The jury acquitted prosecutor John Jackson. From The Marshall Project: “By an 11-to-1 vote, a Navarro County jury rejected claims by the State Bar of Texas that Jackson made false statements, concealed evidence favorable to Willingham’s defense and obstructed justice.”
Barry Scheck, Innocence Project Founder, on informant reform
Washington State is considering legislation that would strengthen the government’s obligation to disclose information about its criminal informants. Barry Scheck, Founder of the Innocence Project, writes about how important this legislation is in Justice can be tainted by the use of informants’ testimony.
North Dakota passes cutting edge legislation
In the wake of the death of college student Andrew Sadek, North Dakota has passed Andrew’s Law, an important piece of legislation that sets a new standard in informant reform. Some of the most heartening aspects of the bill are as follows:
- It bans the use of informants who are 15 years old or younger. Only California and New Jersey currently ban the use of juvenile informants at the state level, and their cutoff is 12 years old.
- College police may not use college students as informants.
- Police officers must be trained before they use informants.
- All informant agreements must be in writing. The agreement must include, among other things, an explanation of what the informant is expected to do and what benefit they can expect to receive. This is particularly important since young and vulnerable informants may not know what is expected of them, and law enforcement may continue to use them without clear boundaries or limits.
- The agreement must tell the informant of their right to consult with counsel.
- The agreement must warn the informant that the work may be dangerous.
- The bill creates procedures for complaints, and an investigative process when an informant is killed.
This legislation is the culmination of a decade-long public debate over vulnerable informants that has been brewing since 23-year-old Rachel Hoffman was killed in Florida in 2008. Since then, we have learned about the rampant, unregulated use of young informants, and how some campus police pressure college students into risking their education and even their lives. North Dakota’s new law is one of the best responses so far. More details from the Huffington Post here.
Montana introduces informant reform legislation
Montana State Senator Nels Swandal (R) has introduced legislation–SB0249–that would improve the reliability and accountability of informant use. Among other things, the bill would require the recording of informant statements, improved disclosure of informant benefits and prior criminal history, reliability hearings, and post-conviction remedies for wrongful conviction. News coverage here.