Skip to comments.More ATF sting cases dismissed as top agent cannot testify
Posted on 09/30/2013 11:14:21 AM PDT by neverdem
Two more cases from the ATF's troubled gun-buying sting in Milwaukee have been dismissed, this time because the prosecutor says she can't use the operation's lead agent as a witness.
Milwaukee County Assistant District Attorney Karen Loebel said in court Fridaythat she could not call U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent Jacqueline Sutton to testify the latest setback for an operation riddled with problems exposed bya Journal Sentinel investigation.
Loebel, who has dropped eight of the 18 cases she charged from the 2012 sting, said she was not allowed to disclose why Sutton could not take the stand because of "the manner in which I received the information."
Top agency officials launched a probe into the actions of ATF agents in the sting, after the Journal Sentinel exposed numerous shortcomings of what was called "Operation Fearless."
Among the Journal Sentinel findings: Agents hired a brain-damaged man to promote the store and set up drug and gun deals, then arrested him on federal counts; three government-owned guns, including a machine gun, were stolen; and the undercover storefront was ripped off of $40,000 in merchandise.
The machine gun remains missing, Milwaukee police said Tuesday.
Sutton, the agent in charge of the operation in Milwaukee, was transferred over the summer to ATF headquarters in Washington, D.C., according to sources with knowledge of the move.
Sutton did not return calls and emails from the Journal Sentinel this week seeking comment.
ATF spokeswoman Ginger Colbrun said Sutton remains an ATF agent, but refused further comment, adding: "We do not discuss personnel actions."
Loebel's latest dismissals means none of the cases to arise out of Operation Fearless in either state or federal court will go to trial.
Attorney Russell Jones, who...
(Excerpt) Read more at jsonline.com ...
Let’s see, what are the possibilities, the agent has had sex with the defendants? The agent was caught lying under oath about the operation? Whatever it was, she probably needs to be fired. Instead she’ll get a promotion and a political appointment.
Supposedly, from other online accounts, this is a case of invalid or unsubstantiated chain-of-custody, particularly with this Special Agent.
It is highly odd to me that this agent would be transferred from Milwaukee back to ATF at DC. There is more here than meets the eye.
Personally, I’m thinking at a minimum she could be an Obama daughter and just plain incompetent, or she is an Administration hire that is incompetent or a rabid ideologue, or both.
Under a court decision I think is called "Henthorn" the prosecution must turn over, as part of discovery, any derogatory information the department has contained in the employees OPF (Official personnel file).
Any information which may go to the credibility of a potential federal employee witness must be disclosed to the defense.
It appears that some disciplinary information in the employees OPF would render their testimony "impeachable". The AUSA is not going forward because they know they will loose.
As for why the employee was transferred to DC was simply to get them out of the field because they are useless and can't testify which is one of their official duties.
Now I know what you are thinking......If they can no longer testify and fulfill the ranger of official duties because of misconduct, why were they not fired?
Here comes the catch 22, if an agency such as Homeland Security goes into removal proceedings against an employee because the ASUS will not use the employee in court. The ASUS will not testify in the removal proceeding and the agency can't remove the employee.
The agency is stuck with an employee who can't perform their duties and can't remove them.
The good news is that there are a lot of paper clips in DC that need counting the bad news is that it will cost us $140K a year for this employee to count them.
Translation: "We serve and protect each other."
Exploiting the retarded, huh.
I’ll bet that stoolie would outscore EVERY ATF officer in on that particular scam.
CLOSE IT DOWN, it’s packed with America-hating flunkies out for adrenaline fixes.
More cases dropped regarding Milwaukee’s Fast and Furious...
FReep Mail me if you want on, or off, this Wisconsin interest ping list.
How many people were convicted on this agents testimony before the whistleblower came out and she was removed from the cases?