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Eye-opening series on jailhouse informants in ProPublica/NYT

April 12, 2020 by Alexandra Natapoff

Pamela Colloff has written this extraordinary investigative series into the government’s use of jailhouse informants. She zeroes in on Paul Skalnik, a prolific and stunningly unreliable informant who escaped punishment for many of his own crimes, including child molestation.  The first piece is entitled How This Con Man’s Wild Testimony Sent Dozens to Jail, and 4 to Death Row, and was jointly published by ProPublica and the New York Times Magazine. Among the many people Skalnik sent to jail is James Dailey whom many believe to be innocent: Dailey is currently on death row.  From the article:

   “In jail, it is widely understood that helping prosecutors and the police can earn extraordinary benefits, from reduced sentences to dismissed charges. By the time Dailey’s trial began the following summer in Clearwater, in June 1987, no fewer than three inmates had come forward claiming to have heard Dailey confess to the killing. The first two worked in the jail’s law library, where they professed to have heard Dailey say about the murder, “I’m the one that did it.” They also told the jury of ferrying several handwritten notes between Dailey and Pearcy; in the letters shown to the jury, Dailey appeared eager to appease his co-defendant, whom prosecutors planned to put on the stand. But the two jailhouse informants were eclipsed by a third inmate, who had contacted Halliday to say that he had some information. He told a much more damning story — one that placed Dailey at the scene of the crime and put the knife in his hand. It was exactly what prosecutors needed.  That witness was Paul Skalnik, a familiar figure around the Pinellas County Courthouse. He had appeared before the court numerous times as a jailhouse informant and was skilled at providing the sort of incendiary details that brought a defendant’s guilt into sudden, terrible focus.”

Colloff writes more about the Dailey case here: A Liar Put Him on Death Row. His Co-Defendant Could Help Set Him Free. Why Won’t He?

Filed Under: Informant Crime, Innocence, Jailhouse Informants, Reliability

Japan considers snitching

April 12, 2020 by Alexandra Natapoff

Japan is introducing American-style plea bargaining in which defendants can trade information about others in exchange for leniency.  Some are concerned about the risks of snitching in general, and of wrongful convictions in particular.  The law is more limited than the U.S. version, and only permits certain kinds of deals and only for certain kinds of crimes.  From the Japan Times:

“Unlike the U.S. plea bargaining system, admitting to a crime does not warrant a deal with prosecutors in Japan. The new system, introduced in a revision to the criminal procedure law, allows suspects in such crimes as bribery, embezzlement, tax fraud and drug smuggling to negotiate with prosecutors. The bargaining only applies to crimes listed in the law, with murder and assault off-limits.”

Filed Under: Incentives & Payments, Informant Law, International, White Collar

Bulk arrests and convictions based on unreliable informants

April 12, 2020 by Alexandra Natapoff

This story from Tennessee reminded me of the high profile snitch debacle in Hearne, Texas in which a confidential informant working for the local drug task force set up dozens of innocent African Americans.  Similarly, in Tracy City, Tennessee, the city and the police department are being sued by an innocent couple who–along with 29 other people–were set up by an unsupervised drug informant.  Here is an excerpt from the story:

“Tina Prater walked into the police station with a reputation as a drug addict and a con artist. She walked out with a tape recorder, some cash and a mission: help the police chief arrest anyone whose name made it onto their list. Prater, 47, has admitted in a sworn affidavit that she framed people while working as a confidential informant for the Tracy City Police Department in 2017. She recruited imposters to act as other people, recorded audio of purported drug deals and turned the tapes over to Chief Charlie Wilder, who oversees just four officers in one of Tennessee’s poorest and most drug-addicted counties.”

And here is another story just like these two, in which a Florida drug informant admitted that she set up innocent people by fabricating drug deals: she did it in exchange for money, a home, and custody of her children.

Filed Under: Drug-related, Dynamics of Snitching, Innocence, Reliability

Former police chief and prosecutor on the dangers of snitching in USA Today

September 15, 2019 by Alexandra Natapoff

Here is an important op-ed in USA Today from Miriam Krinsky and Ronal Serpas: “Stop letting prosecutors get away with threatening murder.” They chronicle the misuse of informants by law enforcment in Orange County and across the country.  About Orange Country, they write:

“Prosecutors used informants to do what would have been illegal for them to do directly — question individuals awaiting trial without their lawyer present and, even worse, use threats of murder and violence to coerce confessions. . . . These practices fly in the face of the fundamental duty of prosecutors: to seek truth and pursue justice.”

Krinsky is a former federal prosecutor and now the Executive Director of Fair and Just Prosecution.  Serpas is former Chief of Police for New Orleans and now Professor of Criminology at Loyola University.

Filed Under: Informant Crime, Innocence, Jailhouse Informants, Police, Prosecutors

Connecticut Adopts Nation’s First Statewide System to Track Jailhouse Witnesses

July 29, 2019 by Michelle Feldman

This month Connecticut’s governor signed a new law that will establish the first statewide tracking system for jailhouse witness testimony. This measure will help improve transparency and weed out false statements from inmates who expect leniency or other benefits for their cooperation.

Each prosecutor’s office in the state will be required to maintain a record of the substance and use of jailhouse witness testimony and any benefits that have been or may be provided. The Governor’s Office of Policy and Management will collect the data from every office so that prosecutors can see if a potential jailhouse witness offered similar testimony in other jurisdictions and whether that testimony was reliable. If the prosecutor introduces the statements, previous jailhouse witness activity would be disclosed to the defense.

In addition, SB 1098 requires:

  • Prompt disclosures of jailhouse witness evidence: Within 45 days of the defense filing a request, the prosecution must disclose specific evidence on jailhouse witnesses including: benefits offered for their testimony, their criminal history and other cases in which they acted as jailhouse witnesses.
  • Pre-trial hearings: For rape and murder cases, judges must hold a hearing to screen out unreliable jailhouse witness testimony before it is heard by the jury.
Learn more about the new law in this article.

posted by Michelle Feldman

Filed Under: Guest blogger, Innocence, Jailhouse Informants, Legislation, Reliability

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