May 12th, 2009
Posted by William Kuhns, Washington Legislative Office at 10:40am	Criminal Justice, Drug Law Reform

Philadelphia's Informant System: Broken Like All the Rest

Last year, Jag Davies of the ACLU Drug Law Reform Project wrote a very informative blog post about some of the problems with the law enforcement's informant system. Jag's post and several others make it crystal clear that the informant system is broken.

On April 28, 2009, the Philadelphia Inquirer broke a story that further demonstrates just how broken the informant system is. According to the Inquirer, Philadelphia police officers were faking informant evidence to obtain search warrants, resulting in the arrest and incarceration of innocent people. The article focuses most of its attention on one officer named Jeffrey Cujdik. Officer Cujdik received 186 search warrants in the last three years. Of the 186 warrants, 95 percent of them were based solely on the information provided by confidential informants, 43 percent of which came from an informant named Ventura Martinez.

Martinez recently came forward and alleged that Cujdik had repeatedly fabricated evidence to obtain warrants, which triggered a large multiagency investigation.

The Philadelphia Police Department has taken steps to address this issue, including putting Cujdik on desk duty and examining several department policies. Desk duty and policy changes will only do so much good though. As Deputy Police Commissioner William C. Blackburn said, "even stronger policies could not prevent an officer who intends to circumvent the regulations from doing so." Blackburn went on to suggest that at some point, an undercover operative should be introduced into the operation. This may be an idea worth considering, and there are others.

The ACLU has developed draft legislation that offers reforms aimed at ensuring integrity and credibility in the use of informants. An important component of these reforms is that search warrants in narcotics cases involving an informant contain corroboration of the informant's statement. If Pennsylvania law or the Philadelphia police department had such a policy in place, Cudjik and Martinez' actions would have not led to the arrest and incarceration of innocent people.

A little transparency will go a long way in reforming the informant system. Right now, acting on bad information or fabricating evidence is too easy because the source of that information, the informant, can't be called into court to verify its validity. Compound this with the fact that informants are frequently paid or otherwise compensated, and that officers receive commendations and promotions largely based on how many drug dealers they bust, and you can see why introducing false evidence is a problem.

Inserting an undercover officer into the process and creating a paper trail would also remove some of the impediments faced by defense attorneys and would allow them to more adequately defend their clients. Currently, defendants are disadvantaged because unlike officers, confidential informants often cannot be called to testify in court. The ACLU has proposed an additional reform based on a Texas statute that precludes a conviction in any narcotics case based solely on the testimony of an informant.

As you can see from another of Jag's blog posts, implementing this strategy will not even come close to solving all the problems with the informant system. But it would be a step in the right direction for Philly.

Permalink |	Criminal Justice, Drug Law Reform

1. Vic Livingston Says:
   May 12th, 2009 at 2:04pm

   A BROKEN INFORMANT SYSTEM IS ANOTHER SYMPTOM OF 'VIGILANTE INJUSTICE'...

   IS THE ACLU TURNING A BLIND EYE TOWARD THE GRASSROOTS-BASED 'EXTRAJUDICIAL PUNISHMENT NETWORK'?

   At the annual meeting of the American Civil Liberties Union of Pennsylvania last night in Philadelphia, ACLU Executive Director Anthony Romero, the featured speaker, took some questions.

   This "UTV" -- unjustly "targeted" victim -- raised the issue of the extrajudicial punishment network that has enlisted a citizen army of vigilante stalkers fronted by federally-funded community watch, policing and anti-terrorism volunteer programs.

   I identified myself as the former business reporter for Fox 29 TV news in Philadelphia, but said I was attending the meeting to represent the victims of what is common known as "gang stalking."

   Romero was dismissive and somewhat condescending, seeming to imply that my account was an isolated case.

   Was this an indication that someone had disparaged me to him even before I asked the question?

   I interjected, saying that "This isn't just me -- this affects thousands, if not a few million Americans."

   At that point, a man standing to my left grabbed my arm, and a woman (undercover agent, perhaps?) closed in on my right side. I said to Romero, "Will you please tell this guy to stop touching me?"

   Welcome to the ACLU.

   At the end of the Q and A, I moved to the aisle so that I could give Romero the URL to my web site.

   I noticed that two cameras on ceiling swivel mounts were trained on the audience throughout the program. As I changed position, I noticed that one of the camera heads rotated in my direction.

   From the podium, Romero said something like this:

   "I see you're moving over to grab me as I go out. I'm trying to catch a train, so I'm going to walk right by you. I'll take your business card, but I have to leave."

   I felt humiliated by a civil libertarian who seemed to have been preconditioned to reject my entreaties. As an openly gay man, Romero should know better than to be an accomplice to disparagement.

   This is the American Civil Liberties Union. Disturbingly, it seems to confirm the belief that ACLU is meekly compliant to the Big Lie. Is this why torture always seems to be a foreign affair on their blog entries, with credible reports of domestic torture of U.S. citizens falling on deaf ears?

   This blog is carefully monitored by the tormentors of "unjustly targeted victims" and their surrogates. I will be curious to read any responses to my comments, from fellow "unjustly targeted victims," disinfo agents and ACLU officials alike.

   And feel free to forward this post to Mr. Romero (aromero@aclu.org).

   I mentioned during last night's QW and A that I have tried to tell my story to national ACLU officials in person, but that I was twice turned away at the door by men in suits wearing interesting label pins.

   His response: that he receives threats to his personal safety, and relies on his lobby guards to keep him safe.

   I felt slandered by inference, Mr. Romero, and I believe you owe me an apology.

   Or at least the personal meeting with ACLU officials that I have sought unsuccessfully for at least two years.

   http://nowpublic.com/world/gestapo-usa-govt-funded-vigil ante-network-terrorizes-america

   http://NowPublic.com/scrivener< /p>

2. Rocky Says:
   May 12th, 2009 at 2:37pm

   How about joining in to stop that terrorist organization the IRS?
   See www.ideas-wanted.com for details.

3. antibarby Says:
   May 13th, 2009 at 11:22am

   this has been going on decades.86

4. Charlie Says:
   May 14th, 2009 at 9:02am

   Police officers can break the law and at worst have to resign. police officers and political officers should be held to much higher standards. Punishments for these people should be much much higher. They are given a break for their so called public service. but in fact they are the worst kind of criminals because they use the power given against the american people. which i believe should be treated a treason.

5. john Says:
   May 14th, 2009 at 7:15pm

   why is it the aclu web site has no place to write them ? I bet it is because they know the majority of Americans are againist the aclu's stands on the Constitution...the aclu are the the real terrorists in America and have been for years , why they are not on Homeland Security list I do not know..

6. Vic Livingston Says:
   May 15th, 2009 at 7:01pm

   Hey, John,

   I've got a bulletin for you. ACLU personnel are likely to be on the list... along with many other unjustly targeted Americans.

   But naive liberals and progressives, even conservatives, think this torture, and denial of basic human rights, is just a foreign affair.

   Unfortunately, such complacency has enabled a government-financed vigilante army -- an American Gestapo -- that makes a mockery of the rule of law and the U.S. Constitution.

   Read about it here. (And ACLU: Please get a clue before you or someone close to you becomes the next victim of this domestic terrorism, this vigilante injustice that is a updated version of the Nazi brownshirts:

   http://nowpublic.com/world/gestapo-usa-govt-funded -vigilante-network-terrorizes-america

   http://NowPublic.com/scri vener

7. T in City College of San Francisco Says:
   Jun 17th, 2009 at 1:35pm

   Confidential Informant - a paid service of organized crime, to destroy enemies of their client.

   Jiverly Wong was an example of such crime.

   I am Jiverly Wong Shooting the people.

   The first I want to say sorry I know a little English. I hope you understand all of this. Of course you need to know why I shooting? Because undercover cop gave me a lot of ass during eighteen years I got seven years and eight month delivery to grocery in the California came back New York on the August 2007.

   Let talk about when I live in California. Such as…cop used 24 hours the technique of ultramodern and camera for burn the chemical in my house. For switch the channel time…For adjust the fan. For made me unbreathable. For made me vomit. For connect the music into my ear.

   Undercover cop usual coined some nasty was not true about me and spread a rumour to the receiver and some people know me conduce toward many people predudiced and selfish to me…cop made me lost my job…cop put me became poor.

   Let talk about when I live at the 28 Baker St. 2nd Floor, Johnson City, New York 13790. It terrible when I live there such as…cop wait until midnight when I off the light and went to the bed. Cop unlock my door and came in take a sit in my room ((cop did it thirteen time on the year 1994 )) on the thirteen time had three time touch me when I sleeping. One time stolen 20 dollar in my wallet. One time used electric gun shoot at the behind my neck. (That time I did not know English)

   Please continue second page thank you.

   [second page]

   From 1990 to 1995 New York undercover cop try to get a car accident with me. Such as when I driving on the highway and on the street undercover cop sunddenly brake the car stop immediately at the of front my car…cop did it 32 time like that during 1990 to 1995 but I never hit the car.

   Many time from 1990 to 1997 at the day time…cop exploit unknown English and went to my house knock the door for harass and domineer. Of course during that time cop coined something was not true about me and spread a rumour nasty like the California cop.

   From August 2007 until now cop gave me not to much ass only one time cop leave a massage in my voice mail and said (( come back your country )) after five minute I send a text massage to them I said I will call the police and they send it back to me they said they are the police.

   Dear New Ten Now. Right now I still get unemploment benefit of the company Shop Vac Endicott. New York State Department of Labor was cheat and unpaid from December 1st 2008 to December 28th 2008 I already claim weekly benefit from that date.

   Any way I can not accepted my poor life. Before I cut my poor life I must oneself get a judge job for make an impartial with undercover cop by at least two people with me go to return to the dust of earth.

   Already impartial now..cop bring about this shooting. cop must responsible. And you have a nice day.

   Fabricated crime of Jiverly Wong.
   http://www.youtube.com/watch?v=3G8fH5ME5vc

Name

E-mail

The content of this field is kept private and will not be shown publicly.

Homepage

• Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd>
• Lines and paragraphs break automatically.

More information about formatting options

CAPTCHA

This question is for testing whether you are a human visitor and to prevent automated spam submissions.

What code is in the image? *

Enter the characters shown in the image. Ignore spaces and be careful about upper and lower case.