In 2019, Matthew Klaus died of a drug overdose while working as a confidential informant for Minnesota police. He was a recovering heroin addict who relapsed while working for the police; he was instructed to buy from the dealer who eventually sold him a fatal dose. His parents, John and Denise Klaus, are advocating for a new law that would protect recovering addicts like Matthew from being used as drug informants. See the Star Tribune story here: After son’s fatal overdose, Oronoco couple champion law reforming police use of informants. The proposed legislation is here.
Chicago jailhouse confessions admitted after informant reliability hearing
In an early test of Illinois’s new reliability hearing requirement, a judge held that three men would be permitted to testify at trial after vetting them in a pre-trial informant reliability hearing. All three alleged that the defendant had confessed to them while incarcerated. The judge based his ruling in part on his finding that “no deal, no promises, no inducements or benefits were made by the state.”
Connecticut Supreme Court extends jailhouse informant jury instruction requirement
The Connecticut Supreme Court has long required a special jury instruction for jailhouse informants. As the Court has written, “a trial court must issue a special credibility instruction when a jailhouse informant testifies because such informants have a powerful incentive, fueled by self-interest, to implicate falsely the accused, and, consequently, their testimony is inevitably suspect.’’ Last month in State v. Jones, the Court extended that requirement to an informant who alleged that the defendant confessed to him years before, when neither of them were in jail. The informant happened to be incarcerated when he approached police with the information. The state argued that the special instruction should only be applicable when an informant alleges a jailhouse confession, but the Court concluded that the risks of fabrication “do not depend on the location where the alleged false confession occurs,” since the informant had the same motive to lie, and because “false confessions are easy to fabricate, but difficult to subject to meaningful cross-examination.”
Jack Abramoff: classic repeat offender informant
Remember Jack Abramoff, the corrupt lobbyist who defrauded Indian tribes of millions and used the money to bribe members of Congress and White House officials? In 2008 he was sentenced to four years of incarceration for multiple offenses, decades less than he might have received, in exchange for his cooperation. Now Abramoff is headed back to prison for . . . corrupt lobbying. Abramoff joins a long line of repeat offender informants who commit serious crimes, cooperate in exchange for leniency, and then continue committing those very same offenses. It is one of the costs of running the criminal system as a marketplace in which guilt and information can be so easily and routinely traded: we send the message that informants can earn impunity, and that they can work off even the most serious crimes if they are useful enough to the government. I worried about the Abramoff case back in 2009 here. As I wrote back then, “this is the perennial dilemma with snitches: it is very hard to know whether we are actually getting more security and justice by letting them off the hook, or whether we too easily forgive serious wrongdoing in the name of cooperation.”
Recordings of police who helped informants sell drugs
Eye-popping series of articles on whistleblowing Officer Murashea Bovell. Bovell recorded fellow Officer John Campo who admitted that he helped an informant continue to sell drugs in exchange for help arresting low-level buyers. This is exactly backwards: protecting big fish dealers who turn in their little fish users. From the article:
“Campo’s claim that he personally safeguarded the drug dealer’s bundle of crack was made in one of several phone calls secretly recorded by Bovell between 2017 and this year. In that and another recording, Campo claimed that members of the department’s narcotics unit allowed favored drug dealers to sell with impunity, get deliveries, and control territory. In exchange, he said, the dealers, serving as confidential informants, gave them information leading to the arrests of their own low-level clients.”
This is also an example of how informant use involves tolerating and perpetuating all sorts of other crime, including domestic violence. According to the article, the informant who was permitted to continue dealing drugs “has racked up a string of convictions for choking, domestic violence, assault, contempt, and harassment, earning him several stints in prison and prompting courts to issue protection orders.” Again from the article:
“Lawrence Mottola, a former Brooklyn prosecutor, said police should be very cautious about using informants involved in domestic violence. ‘It’s natural to feel that you’re emboldened by this because you have the backing of the police and they’re going to help you if you get stuck in a situation,’ he said. ‘It’s potentially very dangerous for everyone in that household or in that relationship. And domestic violence cases are already extremely dangerous.'”