Libertarian ping! Click here to get added or here to be removed or post a message here!
Posted on 07/17/2014 5:44:20 AM PDT by rellimpank
A federal magistrate has recommended dismissal of felony drug trafficking charges against a former officer of the Vagos motorcycle gang because of outrageous government conduct by the lead undercover agent in the case.
In a rare decision late Tuesday, U.S. Magistrate Judge Cam Ferenbach criticized Agostino Brancato, a deputized agent with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, for manufacturing the cocaine case against Jeremy Halgat, though Halgat had no criminal record and repeatedly told the agent in secretly recorded conversations that he did not want to traffic in drugs.
“The problem is that the government’s investigation deployed techniques that generated a wholly new crime for the sake of pressing criminal charges against Halgat,” Ferenbach wrote in his 34-page decision.
Ferenbach also said that despite Brancato’s denial, “there is no doubt” he “falsified” a report of one of the alleged drug transactions and that supervisors of his ATF-led task force “did not dissuade him” from doing it.
“This is distressing,” Ferenbach said. “Can the court rely on the chain of custody of evidence that the government will proffer against Halgat at trial? Did Brancato’s supervisors permit other falsifications?”
The government had turned over a recording to the defense of Brancato allegedly talking to a task force supervisor about lying on the report to “avoid muddying up the waters,” Ferenbach explained.
“Brancato said ‘f—- it to the formalities. They don’t need to know,’” the magistrate added.
(Excerpt) Read more at reviewjournal.com ...
So much for “ If you have done nothing wrong , you don’t have anything to worry about from the Government.”
“Brancato said ‘f—- it to the formalities. They don’t need to know,’” the magistrate added.
Formalities? This guy needs to be fired, indicted, prosecuted, and incarcerated for about the next 20 years.
The WOD police staters have enabled a legal climate where an easily plantable package (drugs) or some easily plantable data automatically turns anyone into a felon. Of course corrupt officials and law enforcement now abuse this barn door to the fullest.
May the chains rest heavily upon all the WOD statists here who wanted this
The magistrate is describing entrapment, which is a long standing common law defense. Magistrates are appointed by the sitting federal judges, and politics often trumps merit or professional competence.
lol.
Fedzilla merely squelching the competition to its favored gang drug distributors.
Keep poking that pig....
LOL
I want the guy and his bosses fed feet first to a wood chipper, after the same kind of trial they planned for their victim. I guarantee, one or two such lessons and this behavior will stop cold.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.