A carwash attendant explained to me that this was the saying in his old neighborhood (he wouldn’t say where he was from). It means that if you are charged with a felony but can give the government information about three other people, they will “set you free.”
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More developments in Philly’s struggle with witness intimidation
An interesting story over the weekend in the Philadelphia Inquirer on increased protections for witnesses in light of Philadelphia’s witness intimidation crisis. The city is ramping up prosecutions against intimidators, monitoring courtrooms more closely, and looking for more resources to protect witnesses. These are all important developments. See earlier post on pending federal legislation. The City Council is also considering a bill to impose fines of $2000 on intimidators–perhaps more a symbolic step than anything else. As I’ve written elsewhere, residents in high crime neighborhoods need to feel protected by the police, not only in connection with specific cases in which they might be witnesses but more generally. Philadelphia renewed commitment to witness protection could be a good first step in this direction.
At least five imprisoned based on lying drug informant
Watch this video news clip from WINK-TV News (an ABC affiliate) in Florida: “Convicted felon: lying confidential informant sent me to prison.” The informant, Shakira Redding, admitted that she set up innocent people by fabricating drug deals: she’d buy drugs in advance and hide them on her body to provide to the drug task force as “evidence” after the alleged deals. The government had promised her money, a home, and custody of her children if she provided incriminating evidence against others. Romill Blandin was one of Redding’s innocent targets who spent 20 months in prison after Redding made a video of a man in a car that she claimed was Blandin, and then picked Blandin out of a line-up. Tellingly, Blandin never saw the video before he pled guilty–his public defender told him that he couldn’t see it unless he went to trial and that his criminal record made it likely that the jury would convict him. He chose to plead guilty instead of risking a longer sentence.
This story is an almost exact replay of the Hearne, Texas debacle in which a confidential informant working for the local drug task force set up dozens of innocent African Americans. The Hearne case was the subject of the movie “American Violet,” and an ACLU lawsuit. Here’s the description from the book’s introduction:
In the economically troubled town of Hearne, Texas, 27-year-old criminal informant Derrick Megress wreaked havoc. In November, 2000, a federally-funded drug task force swept through the town arresting twenty-eight people, mostly residents of the Columbus Village public housing project. Megress, a suicidal former drug dealer on probation facing new burglary charges, had cut a deal with the local prosecutor. If he produced at least 20 arrests, Megress’s new charges would be dropped. He’d also earn $100 for every person he helped bust. One of his innocent victims was waitress Regina Kelly, mother of four, who steadfastly refused to plead guilty and take a deal for probation even as she sat in jail for weeks. Another target, Detra Tindle, was actually in the hospital giving birth at the time that Megress alleged that she had sold him drugs. A lie detector test finally revealed that Megress had lied–mixing flour and baking soda with small amounts of cocaine to fabricate evidence of drug deals. Charges against the remaining Hearne suspects were dropped, although several had already pleaded guilty.
Such stories are not aberrations; drug task forces are large-scale users of criminal informants in which the risks of fabrication are high. Massachusetts, for example, reports that in 2005-2006 its federally-funded drug taskforces relied on over 2000 confidential informants who made 45 percent of the taskforces’ controlled buys.
MySpace anti-snitch comment treated as threat
An appellate court in Maryland has ruled that a comment on the defendant’s girlfriend’s MySpace page was properly admitted at his murder trial. The comment read: “Free Boozy!!! Just remember snitches get stitches!! U know who you are!!” Daily Record story here. The comment was proffered by the government to explain why a key witness had failed to identify the defendant at a previous trial. The decision is significant for a number of reasons. For example, it shows how comments made on social networking sites by friends and family may be admissible against defendants. It also elevates common phrases such as “snitches get stitches” and “no snitching” and potentially even rap lyrics to the status of specific threat. For a more general discussion of the use of rap lyrics against defendants, see this post: “”Stop Snitching” rap song on YouTube leads to convictions.”
Snitches bolster weak cases
The most egregious cases of informant unreliability occur where an entire case turns on the testimony of a single compensated snitch. The dangers of wrongful conviction in this scenario are so obvious that numerous states have or are considering corroboration requirements. But informant testimony can produce wrongful convictions in another way, and that is by making weak cases look stronger than they are. For example, Florida Today ran a story last week (updated link) on the probable innocence of Gary Bennett. Bennett was convicted based on a now-discredited dog sniff expert and the testimony of a jailhouse snitch. Similarly, in the high profile case of Cameron Todd Willingham, the Texas man was convicted and executed for arson based on a combination of poor forensic science and the testimony of a jailhouse snitch who later recanted. See previous post.
Such cases are not accidents. Jailhouse snitches are infamous for fabricating information about homicide and other high-profile cases, and offering the information to law enforcement without any solicitations or promises on the part of the government. In other words, the very existence of the case generates the bad evidence because of the general expectation in the offender population that such information will eventually be rewarded. This snitch testimony, however, makes the original case look stronger than it really is. This problem cannot be solved by corroboration requirements, since the informant’s information is automatically “corroborated” by the pre-existing weak evidence. Yet another reason to restrict the use of jailhouse informant testimony.