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Police To Revise Informant Policy After Gang Charges Dropped
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Published: April 25, 2008
TAMPA - The Tampa Police Department has proposed substantially changing the way it handles confidential informants after one informant's actions unraveled a high-profile prosecution of the Latin Kings street gang.
This month, Circuit Judge Daniel Sleet dismissed racketeering and conspiracy charges against 23 defendants in the investigation after questioning the credibility of a key informant in the case, Luis "Danny" Agosto.
Agosto stole motorcycles, conspired to traffic in drugs and made violent threats against his girlfriend, all while working with Tampa police and using a rent-free apartment, a cell phone and $2,400 a month for living expenses provided by the FBI, court records state. The judge also said authorities allowed Agosto to go too far when he threatened to beat the defendants who did not appear at a mandatory meeting he arranged.
Charges of conspiracy, racketeering and other offenses remain against a handful of defendants.
Sleet is scheduled to preside over another hearing in May about whether to dismiss additional charges.
Police spokeswoman Laura McElroy said the proposed changes in the policy are a direct result of Sleet's criticism over how law enforcement handled Agosto and the Latin Kings investigation.
"We want to ensure that we have very strict supervision of confidential informants to ensure that we're aware of all their actions, and that the chain of command is aware," McElroy said. "We are going to make sure it never happens again."
However, a police procedure consultant and a defense attorney involved with the case said the proposed changes are either unrealistic or not strong enough.
A draft of the revised policy obtained through public records proposes that all activity with informants be recorded in a log and that active informants report any contact with law enforcement - whether a field interview, a traffic ticket or an arrest - to a case agent working with them within 24 hours.
It also suggests case agents check national criminal and motorist databases monthly for any activity by informants considered "high-risk" because of their criminal background or associations.
An assistant city attorney is reviewing the suggestions, McElroy said, but "that's definitely the direction we're going."
The department also is reviewing the Latin Kings investigation to see whether any policies were violated or other errors made in how Agosto was handled, McElroy said.
Edward Mamet, a police procedure consultant and retired New York City police captain, said tight supervision is needed when dealing with informants, but the proposed changes seem unrealistic. Asking an informant to report his or her activities with law enforcement is foolhardy given informants' "treacherous" natures, said Mamet, who dealt with informants for seven years.
Reviewing national databases and department records regularly for an informant's activity is smart if investigators have the time to do these checks, Mamet said. However, sometimes informants have contact with law enforcement that isn't recorded in these channels, he said.
"They could get off the hook and decide to work for another person and not tell you," he said.
McElroy said there is a lengthy review process for the proposed changes, and these issues might be addressed.
Lyann Goudie, the defense attorney who requested that Sleet drop the charges against her client because of Agosto's behavior and that of law enforcement, scoffed at the proposed changes and the police department's review.
According to Goudie, the problem isn't that Agosto failed to notify law enforcement of his activity but that case agents got Agosto out of trouble with other agencies so he could continue to work in the Latin Kings case.
"You can revamp until the cows come home. When your case agents and their supervisors are fudging, it won't do any good," Goudie said.
McElroy declined to address Goudie's statement directly but said the current policy is "vague on supervision."
"What's fundamental is the chain of command is aware of the informant's activities so we can ensure the policy is followed," she said. "The whole policy ensures that a case agent is not acting alone."
Reporter Thomas W. Krause contributed to this report. Reporter Valerie Kalfrin can be reached at (813) 259-7800 or vkalfrin@ tampatrib.com.
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