Dispatches from the Culture Wars

Radley Balko's weekly column at Fox News focuses on the use of drug informants by law enforcement around the country and the routine abuse of the justice system that results. He begins with the familiar story of Kathryn Johnston in Atlanta:

A subsequent investigation revealed that the entire chain of events up to and shortly after Johnston's death were beset with lies, planted evidence, and cover-up on the part of the narcotics cops. They fabricated an imaginary informant to get the search warrant for Ms. Johnston's home. They planted evidence on a convicted felon, arrested him, then let him off in exchange for his tip--which he made up from whole cloth--that they'd find drugs in Ms. Johnston's house.

When they realized their mistake, they then tried to portray an innocent old woman as a drug dealer. They planted marijuana in Ms. Johnston's basement while she lay handcuffed and bleeding on the floor.

This has all been known for quite some time. But here's what happened after we found all that out. Balko reports on Congressional hearings on this scandal:

What came out at the hearings investigating Kathryn Johnston's death was even more disturbing.

In one eye-popping exchange, two congressmen--one Democrat and one Republican--confronted Wayne Murphy, the assistant director of the FBI Directorate of Intelligence about the way the FBI uses drug informants. Rep. Dan Lundgren, R-Calif., and Rep. William Delahunt, D-Mass., told Murphy they were troubled by reports that the FBI had looked the other way while some of its drug informants participated in violent crimes, and that the agency then failed to notify local authorities, leaving many of those crimes unsolved.

Lundgren and Delahunt said they were also troubled by reports that in order to protect the identity of its informants, the FBI had withheld exculpatory evidence from criminal trials, resulting in innocent people going to prison.

This is worth repeating. The FBI has determined that in some cases, it's better to let innocent people be assaulted, murdered, or wrongly sent to prison than to halt a drug investigation involving one of its confidential informants.

Could Murphy assure the U.S. Congress, Delahunt and Lundgren asked, that the FBI has since instituted policies to ensure that kind of thing never happens again?

Murphy hemmed and hawed, but ultimately said that he could not make any such assurance. That in itself should have been huge news.

And yet another scandal:

Shortly after the Johnston hearings concluded, another informant scandal emerged.

Jarrell Bray, a longtime informant for the Drug Enforcement Administration's Cleveland field office, admitted that with the cooperation of DEA agent Lee Lucas, he had repeatedly lied in court to secure the convictions of innocent people. Bray said he and Lucas fabricated evidence, falsely accused people who had done nothing wrong, then concocted bogus testimony to secure their convictions.

Bray's admission could result in dozens of overturned convictions.

There's nothing new about any of this. The problems with the use and abuse of drug informants have been known for years. Policymakers have just decided it's more important to keep up a brave front in the drug war than admit to the shortcomings. Bogus testimony from drug informants has led to wrongful arrest and/or incarceration of innocent people in Dallas, Texas; Hearne, Texas; St. Louis, Missouri; and Church Point, La.; to list just a handful of the more egregious examples.

In fact, more than 12 years ago, the National Law Journal ran a three-part series on the issue of drug informants. The magazine reviewed more than a thousand search warrants in four cities. It found widespread abuse with respect to the use of informants, and issued an urgent warning that "there is little or no oversight of the informant system," and that as a result, "the nation's system of justice is in danger."

Not much has changed.

The article was spurred by the case of Donald Carlson, a San Diego businessman who was nearly killed in 1992 after an informant's faulty tip led police to raid his home. Like Kathryn Johnston, Carlson thought the police were criminal intruders, and fired at them in defense of his home as they broke down his door. He was shot several times in the back, and spent six weeks in intensive care.

As in Atlanta, a subsequent investigation revealed severe deficiencies in the use of informants for drug crimes. The informant in Carlson's case was later convicted on 25 counts of lying to federal law enforcement officials.

This system needs to be changed. If Congress won't change it then the Courts need to start overturning such convictions wholesale.