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.
Jailhouse Informants
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.
California informant bill passes out of committee
A bill that would improve recordkeeping and disclosure regarding jailhouse informants just passed out of the California Legislature’s Public Safety Committee. The bill would also cap certain informants benefits. Bill here and ACLU press release here.
I testified in support of the bill along with Bruce Lisker, who was wrongfully convicted of murder at age 17 based on jailhouse informant testimony, and spent 26 years in prison before he was exonerated. Here is Mr. Lisker’s testimony from today’s hearing:
DOJ to investigate Orange County
The U.S. Department of Justice has announced an investigation–in conjunction with the U.S. Attorney’s Office of the Central District of California–into unconstitutional informant practices in Orange County. This is a welcome and important development. Below are links to stories, and to the original letter from former California Attorney General John Van de Kamp and U.C. Irvine Dean Erwin Chemerinsky, requesting that DOJ intervene: