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February 08, 2007
When cops cross the line
What happens when you're a narcotics detective and you lie to get a search warrant signed?
Well, in Atlanta, you could end doing 50 to life.
Fulton County District Attorney Paul Howard will seek criminal charges, including felony murder, against three Atlanta narcotics officers involved in a botched drug raid that resulted in the shooting death of an elderly woman, according to a proposed indictment.
The proposed indictment drawn up by the prosecutor's office names officers Gregg Junnier, Jason R. Smith and Arthur Tesler. Howard accuses them of felony murder, aggravated assault, false imprisonment, burglary, making false statements and violation of oath.
[...]
Those three officers were involved in securing a search warrant on Nov. 21 for the home of Kathryn Johnston. Shortly before the raid, Smith told a magistrate he and Tesler had a confidential informant buy $50 worth of crack at 933 Neal Street from a man named "Sam."
But, according to the proposed indictment, no informant went to the house.
On Nov. 21, narcotics officers went to Johnston's home in northwest Atlanta to execute a "no knock" search warrant. Johnston was killed and three officers were injured in an ensuing shootout.
Officers Gary Smith, Cary Bond and Junnier were wounded by either "friendly fire" shrapnel or by Johnston. No cocaine was found in her house.
Junnier later told federal investigators that officers had lied to a magistrate judge about sending a confidential informant to Johnston's house to purchase drugs in order to get the warrant.
And, if the warrant to enter Johnston's home was based on deceit, all actions that occurred after police broke down the door could be considered criminal, legal experts said.
Junnier and Smith allegedly tried to cover up the botched raid by trying to persuade Alex White, a confidential informant they had previously used, to lie to investigators, according to proposed indictment. White came forward shortly after the shooting to say officers told him to lie and say he purchased crack cocaine at the home.
Police apparently were led to the house that day by an alleged small-time dealer who was arrested nearby on drug charges.
According to a report by Tesler, the suspect "wanted to take us to a house that had a kilo of cocaine. [He] directed us to 933 Neal Street N.W. where a buy of crack cocaine was later made and a search warrant drawn up for that location."
I back honest cops 100 percent. Honest cops.
If I don't believe a cop is telling me the truth, I won't -- hell, can't -- prosecute the case, if the investigation is held together by his version of events. I routinely argue to juries that the cops have no reason to lie, and I mean it.
In more than a decade of doing this job, there's only been one instance where I didn't believe the arresting officer's story, and I dismissed the case.
These cops bring dishonor to their brother officers, and cast doubt upon the entire criminal justice system. They killed an old woman, and if this story is accurate, they deserve to rot in prison, until such time as Mrs. Johnston forgives them.
Which could be a while.
Posted by Mike Lief at February 8, 2007 12:14 AM
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