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  #1  
Old 05-16-2009, 12:07 AM
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Default Confidential Informant Died, What Happens Now?

What happens to a case if the confidential informant dies before the case goes to trial? A "ci" was used to make 2 controled sales from a friend so that our local narcotics strike force could file a probable cause affidavit to get a "no knock" search warrant for the residence, when the cops broke in 1 of the residents had just gotten home, the other person that lives there was in custody down the street after being arrested during a traffic stop along with a person that the home owners had given a temporary place to stay. Well the temporary roommate had 19.25 grams of meth in her pocket, a digital scale, baggies & other paraphenalia & when those 2 were taken back to the house to watch the place be trashed, the temporary roommate was taken to the room she was using & she told the police where they could find various drugs, weed, more scale, more baggies, etc. when it was all said & done, the home owners had no drugs, they did Have a glass pipe, a bong, a weed pipe & a scale, the 2 that were arrested down the street were taken to jail, the person that had been home only minutes before the cops kicked the door in was cited for paraphenalia, the other home owner (that had no drugs what so ever) was charged with 2 felony 2 arranging to distribute a controlled substance charges from the ci's alleged 2 $50.00 buys, & the one that had all the drugs & had carried drugs into the jail (without being charged for introducing a controled substance into a secure facility, a felony 2) is charged with only 2 felony 3 possession of a controlled substance & is able to bail out, while the person with no drugs in her possession is still locked up, without bail for the ci's deal. The person that had all the drugs should have gotten federal charges, is it just me or is there something wrong with this picture? I know what I am saying is true because I was the one left home with a paraphenalia ticket. So in the mean time, I am reading our local newspaper & I see the ci's obituary! What happens to the case now? Has anyone ever had the star witness in a case against them die? The guy od'd on heroin 2 boot.
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Old 05-16-2009, 12:11 AM
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Default No witness, your luck.

usually if that's the only witness, then the prosecutor doesn't have him to testify. However if everything else was done by the book, search warrants, etc... there may still be something that will stick. Who knows you may luck out due to his unfortunate circumstances.
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Old 05-16-2009, 12:14 AM
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Not a drug case, but a murder case, the star witness shot himself, and the supposed subject will soon be released without being charged with the murder (he was already serving time on another charge and will parole from that charge).

I do not know if they have the controlled buys on video or audio, that could cloud things, but without the CI, they don't have much!
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Old 05-16-2009, 12:32 AM
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Default Confidential informant died

Thanks, that gives me some hope. the ci was wearing an audio wire but he got my wife's name wrong on both of his written statements & noone said any names during the times he was in the house, so I don't know if they have that strong of a case anyway. I just don't understand why they went so light on the girl that had all the stuff & was obviously doing business. To make that even worse she is out running around still doing her thing & telling people that I am a rat! Personally I think she was part of the bust & wasn't supposed to have anything on her when it all went down.
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Old 05-16-2009, 12:33 AM
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Quote:
Originally Posted by cristislilsyn View Post
What happens to a case if the confidential informant dies before the case goes to trial? A "ci" was used to make 2 controled sales from a friend so that our local narcotics strike force could file a probable cause affidavit to get a "no knock" search warrant for the residence, when the cops broke in 1 of the residents had just gotten home, the other person that lives there was in custody down the street after being arrested during a traffic stop along with a person that the home owners had given a temporary place to stay. Well the temporary roommate had 19.25 grams of meth in her pocket, a digital scale, baggies & other paraphenalia & when those 2 were taken back to the house to watch the place be trashed, the temporary roommate was taken to the room she was using & she told the police where they could find various drugs, weed, more scale, more baggies, etc. when it was all said & done, the home owners had no drugs, they did Have a glass pipe, a bong, a weed pipe & a scale, the 2 that were arrested down the street were taken to jail, the person that had been home only minutes before the cops kicked the door in was cited for paraphenalia, the other home owner (that had no drugs what so ever) was charged with 2 felony 2 arranging to distribute a controlled substance charges from the ci's alleged 2 $50.00 buys, & the one that had all the drugs & had carried drugs into the jail (without being charged for introducing a controled substance into a secure facility, a felony 2) is charged with only 2 felony 3 possession of a controlled substance & is able to bail out, while the person with no drugs in her possession is still locked up, without bail for the ci's deal. The person that had all the drugs should have gotten federal charges, is it just me or is there something wrong with this picture? I know what I am saying is true because I was the one left home with a paraphenalia ticket. So in the mean time, I am reading our local newspaper & I see the ci's obituary! What happens to the case now? Has anyone ever had the star witness in a case against them die? The guy od'd on heroin 2 boot.

Here in Utah when strike force has a CI do a controlled buy I think it's standard procedure that the CI wears a wire...probably exactly in case this type of situation happens so they still have some evidence to prosecute with. All of that type of information should be in the police incident report. However, names are obviously going to be blacked out but it should certainly state whether a wire was worn or not, etc. Also, most basic case information is a matter of public record so you can always go down to your local courthouse and request yourself a copy. It's always best to be as informed as possible.
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Old 05-16-2009, 12:36 AM
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A witness in my family member's trial (the main one that said my family member was there) died and they still used the deposition he gave. He was convicted.
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Old 05-16-2009, 12:37 AM
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Quote:
Originally Posted by cristislilsyn View Post
I just don't understand why they went so light on the girl that had all the stuff & was obviously doing business. To make that even worse she is out running around still doing her thing & telling people that I am a rat! Personally I think she was part of the bust & wasn't supposed to have anything on her when it all went down.
You said it...your answer in within your statement!! Usually when this happens, she is working with them!
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Old 05-16-2009, 12:44 AM
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Quote:
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You said it...your answer in within your statement!! Usually when this happens, she is working with them!
I agree 1000%! A lot of times in order to keep being able to use a snitch the cops will "arrest" them along with everyone else just to make it look legit but cut them loose before they're even housed.
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Old 05-17-2009, 12:55 AM
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Most likely was caught with drugs a few days before and didn't want to take the charge.
If the homeowner PAYS for a good attorney it should be taken care of but if they go with a public defender and they are not up to babysitting them and telling them what to do then it is a done deal. Do not trust Utah Public Defenders to know what they are doing or to do what is in your best interest. With drug charges always get a paid attorney! Many can be dismissed or lowered to a misdemenor.
Tell the homeowner to get the discovery papers.

Last edited by Ireland_4Ever; 05-17-2009 at 12:57 AM..
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  #10  
Old 05-17-2009, 01:22 AM
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if its a federal case i bet it will go to court the usda will use the infamous conspiracy charge, its a prosecuters dream. the feds dont even need a ci to drum up the conspiracy charge, just heresay.
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Old 05-17-2009, 06:44 PM
Mz. Steele Mz. Steele is offline
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I would try to refrain from talking about case specifics on a public forum... especially if the trial is still active.
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