Here’s an excellent new radio program on snitching by the British BBC, Snitching in the U.S.A. It includes stories of individual informants, interviews with law enforcement, attorneys, and families. A written magazine version is here. The report centers around the story of John Horner, a first-time offender currently serving a 25-year drug sentence in Florida. Mr. Horner became dependent on pain killers due to an eye injury, and was set up by an experienced informant. Horner tried to work the sentence off as an informant himself, but couldn’t make enough arrests. He talks in detail about his experiences as an informant and how the system treated him.
Drug-related
The Movie “Snitch”
Next week, a new movie entitled “Snitch” opens in theaters. It’s based on a true story described in a 1999 Frontline documentary of the same name, in which a father becomes an informant to work off his son’s mandatory drug sentence. Here’s a link to the trailer.
Participant Media has created a great public information site to accompany the movie, with stats and stories about the drug war, mandatory minimums, and informants. Check it out: www.TakePart.com/SNITCH. They’ve also made a hilarious mini-video about the crazy world of the war on drugs. Watch it here: SNITCH: Lock it Down America!
Federal judge questions fairness of “substantial assistance” rules
The New York Times ran this story about the infamous case of Stephanie George: For Lesser Crimes, Rethinking Life Behind Bars. Ms. George became a poster child in 1997 for the unfairness of federal mandatory minimum sentencing when she received a lifetime sentence for a half kilo of cocaine that her former boyfriend had hidden in her attic.
Ms. George also became a prime example of how informing, or in federal parlance, providing “substantial assistance” to the government, can turn the justice system upside down. Ms. George’s boyfriend–a cocaine dealer and ringleader–and other members of the drug ring received lower sentences than she did because they became informants. Because Ms. George had no information, she couldn’t snitch and therefore U.S. District Court Judge Roger Vinson had no discretion to lower her sentence, a sentence that the judge himself considered draconian and unfair. From the story:
“Stephanie George was not a major participant by any means, but the problem in these cases is that the people who can offer the most help to the government are the most culpable,” Judge Vinson said recently. “So they get reduced sentences while the small fry, the little workers who don’t have that information, get the mandatory sentences.”
Judge Vinson’s comment reflects an intentional design feature of federal drug law. Because becoming an informant is the only way a defendant can avoid harsh mandatory minimums, snitching has become pervasive in the federal criminal system.
Snitch team in Florida generates millions in forfeitures and DOJ investigation
The Bal Habour police department is under federal investigation for its use of a team of informants to collect millions of dollars in forfeitures, often without making any arrests. The Miami Herald ran this story, Feds probe Bal Harbour Police Department over seized millions, describing how this small police department uses “a team of snitches and undercover cops” to “seize a fortune in cash every year” from all over the country. “Now, the special unit is under federal investigation for its handling of millions in seized dollars, including hundreds of thousands paid to snitches, questionable expenses and missing financial records.” Over four years, Bal Harbour police spent thousands of forfeiture dollars on equipment, cars, boats, first class plane tickets, and a banquet. The department paid its informants $624,558.
Such programs are made possible by federal forfeiture law, under which police departments can keep a percentage of seized assets. Because the legal standards for forfeiture are lower than for a criminal case, police can seize money and assets without having to prove anyone guilty. For a great overview of forfeiture law and its reliance on informants, see Radley Balko’s article in Reason Magazine, The Forfeiture Racket. See also this report from the Institute for Justice: Policing for Profit.
Texas police pressure traffic violator into drug work
ABC News ran this story about a mother who was pulled over for traffic violations and then pressured into becoming a drug informant to avoid arrest. Story here: Cops Use Traffic Tix to Force Woman into Drug Buys, Lawyer Claims. This is the same scenario reported in Attica, New York, where another young woman was pressured into becoming a drug informant when she was stopped for failing to pay traffic tickets. See this post: Recruiting new informants. Such stories remind us that police have discretion to use any opportunity–even a speeding ticket–to recruit new informants, even when the offense is minor or has nothing to do with the crimes the police want to investigate.