Informants

The death of Rachel Hoffman in a botched drug sting was one of the most disturbing drug war outrages of 2008, and apparently the person most directly responsible for what happened thinks everyone's forgotten about it by now.

Former Tallahassee Police Officer Ryan Pender is fighting to get his job back after a botched drug sting cost a young police informant her life.
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Pender's attorney claims there was a lack of policy in the buy/bust operations at TPD and Pender did what he was trained to do.
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Pender - who recruited Hoffman and arranged the drug sting that evening - was fired in September, 2008 after an internal affairs review found that he violated nine department policies. [WCTV]

So Pender says he "did what he was trained to do," and internal affairs says he "violated nine department policies." Perhaps he was trained to violate those policies? Actually, that wouldn’t entirely surprise me, but it's still no excuse for Pender's participation in one of the most ridiculously ill-conceived drug operations that's ever been brought to light.

The great injustice here is not that Ryan Pender got fired for his role in this fatally flawed fiasco, but rather that he was the only person held accountable for it.

The Ohio Supreme Court ruled Tuesday that police officers must obtain a search warrant before reviewing the contents of a suspect’s cell phone unless their safety is in danger. The ruling came on a narrow 5-4 vote of the justices. The ruling came in State v. Smith, in which Antwaun Smith was arrested on drug charges after answering a cell phone call from a crack cocaine user acting as a police informant. When Smith was arrested, officers took his cell phone and searched it without his consent or a search warrant. Smith was charged with cocaine possession, cocaine trafficking, tampering with evidence and two counts of possession of criminal tools. At trial, Smith argued that evidence derived through the cell phone search should be thrown out because the search violated the Fourth Amendment ban on unreasonable searches and seizures. But the trial judge, citing a 2007 federal court ruling that found a cell phone is similar to a closed container found on a defendant and thus subject to warrantless search, admitted the evidence. Smith was subsequently convicted on all charges and sentenced to 12 years in prison. Smith appealed, but lost on a 2-1 vote in the appeals court. In that decision, the dissenting judge cited a different federal court case that found that a cell phone is not a container. In the majority opinion Tuesday, state Supreme Court Justice Judith Ann Lanzinger wrote that the court did not agree with the appeals court and trial judge that a cell phone was a closed container. "We do not agree with this comparison, which ignores the unique nature of cell phones," Lanzinger wrote. "Objects falling under the banner of 'closed container' have traditionally been physical objects capable of holding other physical objects. ... Even the more basic models of modern cell phones are capable of storing a wealth of digitized information wholly unlike any physical object found within a closed container." "People keep their e-mail, text messages, personal and work schedules, pictures, and so much more on their cell phones," Craig Jaquith, Smith's attorney, said in a statement. "I can't imagine that any cell phone user in Ohio would want the police to have access to that sort of personal information without a warrant. Today, the Ohio Supreme Court properly brought the Fourth Amendment into the 21st century." But Greene County prosecutor Stephen Haller complained to the Associated Press that the high court had gone too far. "I'm disappointed with this razor-thin decision," Haller said. "The majority here has announced this broad, sweeping new Fourth Amendment rule that basically is at odds with decisions of other courts."

by Bernd Debussman Jr. Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people, with a death toll of over 5,800 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war: Friday , October 16 In Michoacan, three bodies were found , all with messages attached. The messages were directed at the Zetas organization, and appear to have been from La Familia. La Familia was once part of the Zetas organization, but the two groups have been fierce rivals since the group split from the Gulf Cartel (and the Zetas) in 2006. In other parts of Mexico, two men were assassinated in Tijuana, and a boy who was jogging was killed after being caught in a firefight between gunmen and the army in Tamaulipas. Five people were murdered in Culiacan, Sinaloa, three in Hermosillo, Sonora, one in Durango, and six in the Ciudad Juarez area. Saturday , October 17 In Tijuana, the nude, mutilated body of a man was found hanging from an expressway overpass. It is the second such discovery found in the last two weeks. Local news outlets reported that the man’s tongue had been cut out, which suggests that drug traffickers suspected he was an informant. Additionally, a gun battle between police and drug traffickers left one police officer dead and two wounded. A suspected cartel member was also killed in the incident. Police recovered five assault rifles and vests with federal insignia from several vehicles used by the gunmen. The day before, the the decapitated body of a woman whose hands and feet had been bound were found in a different part of the city. Monday , October 19 Two people were killed after being ambushed by a group of heavily armed gunmen in Guerrero. One of the dead was a policeman, and the other was a civilian who was riding a bus that was caught in the crossfire. Additionally, five bodies showing signs of torture were recovered from various parts of Acapulco. Attached to each of them were notes threatening “kidnappers, thieves and traitors” and signed by Arturo Beltran-Leyva, the boss of the Beltran-Leyva cartel. 18 people were killed in drug-related killings in Ciudad Juarez. At least 21 other drug-related homicides were reported in Mexico, including nine beheaded bodies found in Tierra Caliente. Tuesday , October 20 In Guerrero, at least three banners were found which threatened police and Genaro Garcia Luna, the Secretary of Public Safety. The signs were signed by what appears to be a new, Guerrero branch of the “La Familia” cartel which is based in Michoacan. The signs also accused Garcia Luna of protecting the Beltran-Leyva cartel and the allied Zetas organization. In another part of Guerrero, the body of a bus driver was found by the side of the road, and showed signs of torture. A second body was found near Acapulco. Near the city of Ciudad Mante, police arrested a man who had 107 kilos of marijuana in a hidden compartment of his pick-up truck. Wednesday , October 21 A suspected member of the Juarez Cartel was added to the FBI’s ten most wanted list. Eduardo "Tablas" Ravelo, 41, is allegedly a high-ranking member of the Barrio Azteca gang. In exchange for a steady supply of narcotics, Barrio Azteca performs enforcement tasks for the cartel on both sides of the border, and can effectively be considered part of the Juarez cartel which operates on American soil. Ravelo is suspected of ordering the killing of another high-ranking gang member, David "Chicho" Meraz, during an internal power struggle. Meraz was killed in Ciudad Juarez last year. Ravelo is reportedly hiding in Juarez under the protection of the cartel. Earlier in the week, another man with suspected cartel connections was also added to the FBI’s ten most wanted list. Jose Luis Saenz, of Los Angeles, is suspected of killing at least four people (including his girlfriend) and is allegedly an enforcer for an unnamed Mexican drug trafficking organization. In October 2008 he shot and killed another gang member in LA County who apparently owed $620,000 to the cartel. Across Mexico, 40 drug-related homicides were reported in a 24-hour period, bringing the 2009 total to over 6,000. Thirteen of these were in Chihuahua, and of these, nine were in Ciudad Juarez. According to a running tally by El Universal, 1,000 people were killed in drug-related violence in Mexico in the last 40 days. The previous 1,000 had been killed over 41 days, and the 1,000 before that in 44 days. Since August 1st, an average of 24 homicides were reported daily, approximately one every hour. One out of every three drug-related homicides was in Ciudad Juarez. Much of the violence is due to the conflict being fought by the Sinaloa Federation and the Juarez cartel over control of the Ciudad Juarez-El Paso drug trafficking corridor. Total body count for the week: 113 Total body count for the year: 5,928 Read the last Mexico Drug War Update here.

As if the persecution prosecution of medical marijuana provider Charlie Lynch wasn't sufficiently sickening already, The New Times in San Luis Obispo has some stunning revelations about the involvement of a confidential informant who assisted police in the case.

Apparently, police employed a professional informant who obtained a doctor's recommendation and purchased marijuana at Lynch's dispensary. The guy is a world-class scumbag with a history of impersonating police officers and committing various crimes. His work in San Luis Obispo began when he personally approached police and offered to help generate drug arrests. Lynch's case was one of many, including another marijuana case in which one of the defendants ended up committing suicide.

While this guy probably wasn't a critical factor in making the Lynch case possible, his involvement adds another layer of moral depravity to the Lynch saga. Given that Charlie Lynch scrupulously followed state law, the only actual criminal involved in the case was the police informant!

As alarming and frequent as gratuitous drug war injustices are, they still somehow turn out to be even worse than we thought.

Today I am ashamed to call myself an American.

Over and over, the very foundations of the war on drugs are revealed to be utterly fraudulent and corrupt. These laws are harmful enough when they're enforced honestly, but moments like this really illustrate what a colossal fraud this whole thing truly is:

CLEVELAND — An agent of the U.S. Drug Enforcement Administration was indicted today on charges that he lied repeatedly in a botched 2005 drug case that caused 17 people to be wrongly charged.

Lee Lucas, a 19-year veteran, was charged in U.S. District Court in Cleveland with perjury, making false statements, obstruction of justice and violating a person's civil rights involving a case that resulted in 26 arrests in Mansfield. [Cleveland Plain Dealer]

As one might expect, all of this revolves around a lying informant who played everyone in a desperate attempt to save his own hide. Officer Lucas is accused of failing to provide proper supervision and repeatedly lying to cover up the mess.

Of course, Lucas's fellow officers have eagerly come to his defense, because there scarcely exists any form of police misconduct so shocking to the conscience as to disqualify from being treated as a martyr by their colleagues. This comment, posted on the Plain Dealer story, perfectly reveals the mentality that police aren't responsible for mistakes in the war on drugs

Lee Lucas is being a scapegoat for a convicted drug criminal named Jarrell Bray. Jerrel Bray turned on Lee because Lee would not engage in getting Jerrel off the hook for a shooting Jerrel committed.
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Jerrel is afraid to return to prison as a snitch. Can you blame him? He is a weasel who is trying to save his skin on the inside.

How do you think a snitch like Jerrel would function in the big House?

Is Jerrell Bray the person you want to trust?

No, he's not, and that's exactly the problem. This shady informant's dubious allegations should never have formed the basis for criminal charges against anyone. It was Lucas and the DEA who trusted this guy and used him to serve their agenda, not anyone else. Everything these informants say is treated as gospel when it comes to getting search warrants and scoring convictions, but the second the informant turns on the cops, all you hear is that informants can never be trusted. No kidding.

If you rely on untrustworthy people to help you make drug arrests, then your drug arrests can't be trusted. It's just that simple. And if you can't (as drug cops often claim) do basic drug enforcement without relying on these people, then it follows that solid and reliable drug enforcement is truly impossible.

It's amazing to watch a disgraced drug cop comes forward and try to defend himself with no better argument than the fact that his whole job revolves around working with notorious liars to put people in jail who may or may not have done anything wrong. It sounds like Lucas stepped way out of line here, but the real fault lies with the way our drug laws are enforced in general. Can you even imagine how often this process produces gratuitous injustices without anyone but the innocent defendant paying the price?

Apparently, there aren’t enough unsolved crimes to keep Albuquerque police busy:

ALBUQUERQUE, N.M. - The Albuquerque Police Department has turned to the want ads for snitches.

An ad this week in the alternative newspaper The Alibi asks "people who hang out with crooks" to do part-time work for the police.

It reads in part: "Make some extra cash! Drug use and criminal record OK." [MSNBC]

Does this sound at all like something that’s going to make Albuquerque a better place? It’s absurd on its face, a completely sick feeding frenzy mentality that goes a long way towards explaining how we’ve become the world’s leading jailer. The very fact that police are actively seeking sketchy people to rat out other sketchy people shows you exactly how useless and cyclical much of our criminal law-enforcement activity has become.

Worse yet, this is exactly how you incentivize bad people to create bad situations. This is how innocent people’s addresses end up on drug warrants, only to have their doors smashed in, their dogs shot, and their peaceful lives forever tarnished by the long, infinitely clumsy arm of the law. This is how police become detached from morality, collaborating with criminals to create crime.

If there is such a thing as "sending the wrong message" in the war on drugs, it isn’t marijuana reform, it’s police offering people money to take drugs and commit crimes.

At long last, we’re seeing some accountability for the officers who got Rachel Hoffman killed after coercing her into working as an informant in the mindbending botched drug sting disaster of the century:

Police Chief Dennis Jones requested that investigator Ryan Pender's employment be terminated.

Jones also wanted this disciplinary action taken: Deputy Chief John Proctor, reprimand; Capt. Chris Connell, two-week suspension without pay; Lt. Taltha White, two week suspension without pay; Sgt. David Odom, two week suspension without pay; Sgt. Rod Looney, two week suspension without pay.

Jones is reassigning White, Odom and Connell within the department.

"We have taken the necessary time to conduct a thorough and honest review and asked others to examine our operations," Jones says in the statement from the city. He said he has contacted Hoffman's family and provided a report.

"While we cannot change the events of May 7, we can make the type of changes within the department to help ensure our future actions are consistent with policy," Jones said.

[City Manager] Thompson also issued a reprimand to Jones to require a stronger level of supervision from top to bottom in the department. [Tampa Bay Online]

Anything resembling police accountability in the war on drugs is so rare that we should really take a moment to just reflect on this. Miraculously, we’ve reached a point where all you have to do to get the cops in trouble is be a pretty white girl with a loving family and hundreds of friends, get sucked into a steaming cauldron of first-rate drug enforcement incompetence, and perish dramatically on 20/20’s tear-jerker TV special of the season.

That’s what it takes, because despite the all-encompassing aversion of police officials towards acknowledging even mild misconduct, it’s still easier than conceding that the entire drug informant system is fundamentally corrupt and perverted to its core. This isn’t about Officer Pender, it isn’t about Tallahassee, and it isn’t going to get any better just because a couple incompetent cops got called out. The Burn Em’ & Bail Drug Informant Circus of Horror is a national tour sponsored by the war on drugs and it won’t go away until every last one of us makes it abundantly clear that we want no part of this. Not with our money, not in our community, and not in our name.

The fallout following Rachel Hoffman's murder is becoming intense. DEA has refused to allow three agents to testify before a grand jury regarding their involvement in the case, resulting in a surprising backlash from the State Attorney's office:

State Attorney Willie Meggs has told the Tallahassee Democrat that his decision to no longer prosecute cases involving the federal Drug Enforcement Administration is, "probably more symbolic than it is substantive, but I am very serious about it."

He went on to say, "I'm just not going to play that little game with those folks. I don’t need them and if these agencies want to work with them and do their cases with them, that's fine." [Tallahassee Democrat]

Strong words indeed. This sort of vitriol is rarely exchanged between drug warriors and it seems to indicate a drawing of battlelines as we wait to see who'll be held to account for this now-legendary drug war f#%k-up.

Mark R. Trouville, DEA's Special Agent in Charge of the Miami Field Division, predictably blamed his officers' non-compliance on a technicality:

We feel it is important for the public to know that DEA did not refuse to testify before the grand jury in this case. Although notified both verbally and in writing by DEA, the State Attorney’s Office refused to comply with Department of Justice regulations (which have been respected by the Florida Supreme Court) and therefore DEA Agents did not receive authorization to testify before the grand jury. In order to comply, the State Attorney’s Office simply needed to issue a subpoena and provide the local United States Attorney’s Office a summary of the information sought and its relevance to the proceeding.

This is the same guy who once claimed that today's marijuana "will kill you," so he has all the credibility of a drunk frat-boy on April Fool's Day. Thus I lean towards the assumption that DEA is covering its ass, which would explain why State Attorney Meggs is raging pissed.

To be honest though, I'm really not quite sure what the hell is going on here. I don't understand DEA's role in the murder because they won't testify, but in hindsight the fact that Rachel was told to purchase 1,500 pills of ecstasy, 2 ounces of crack cocaine and a gun sure gives the impression that DEA may have been calling the shots. The conspicuously large order Rachel placed had a great deal to do with her cover being blown, so to whatever extent DEA may have been responsible for that, they would be equally responsible for the fatal outcome.

Ultimately, many people made many errors contributing to this horrible event, but we all know that it takes more than a few greedy cops to manufacture a tragedy as compelling and gut-wrenching as this. After the finger-pointing subsides, after a few sacrificial reassignments, re-trainings and procedural revisions, the war that killed Rachel Hoffman will rage on without missing a beat. The culture of threats and manipulation that characterizes modern drug enforcement will remain intact and the mentality that led to Rachel's death will continue to guide police as they take on the drug problem with handcuffs in one hand and a gun in the other.