DISSATISFIED WITH DEA: BASS, SUNUNU WANT ANSWERS, FULL REPORT ON
'KIDNAPPED' INFORMANT, ABORTED COKE BUST

Two Congressman want answers from the DEA about its investigation of
three agents for allegedly obstructing a major cocaine bust in New
Hampshire last summer by "kidnapping" the confidential informant to
Lowell, Mass., and trying to persuade him to lure the deal there.

Republican U.S. Reps. John Sununu and Charles Bass both wrote to DEA
Administrator Donnie Marshall Friday after learning police in New
Hampshire aren't satisfied with the outcome of a probe by the Drug
Enforcement Administration's Office of Professional Responsibility.

The OPR investigation apparently cleared three DEA agents, one of
them the supervisor of the Cross Border Initiative in Lowell, of
"poor judgment" in March. But New Hampshire authorities, while they
were briefed in April about the outcome of the investigation, were
never given a final report.

"Allegations by law enforcement officials in New Hampshire that three
DEA agents illegally detained a police informant to purposely
obstruct a drug investigation raise serious concerns about those
agents and the Cross Border Initiative (in Lowell) to which they are
assigned," Bass said Friday.

"These allegations should be the subject of a thorough and objective
investigation. The agents should be held accountable for any improper
activity with which they may have been involved and every effort
should be made to restore confidence in this worthwhile initiative,"
Bass said.

"It is my understanding that the New Hampshire law enforcement
officials involved are not satisfied with the DEA's efforts to
explain the investigation that cleared the agents of improper
conduct," Bass continued.

An assistant to Bass contacted New Hampshire State Police Lt. Michael
Hureau who voiced the dissatisfaction, according to Bass spokesman
Sally Tibbetts.

"He (Hureau) indicated police are not satisfied with the response by
DEA or the conclusion of their investigation and Congressman Bass has
decided to intervene on behalf of state police," Tibbetts said.

Bass concluded: "I have asked Mr. Marshall to fully outline the
investigation, its conclusions, any disciplinary actions taken, and
efforts to discuss their work with law enforcement officials in New
Hampshire."

Sununu also wrote to Marshall and asked that the final report be sent
to New Hampshire State Police.

"NHSP is interested in examining the final report in its entirety so
the agency may review the findings with the other jurisdictions
enjoined in the complaint. I would be interested to learn if there
are circumstances preventing the full and expeditious release of the
report to the NHSP and, if not, when NHSP may expect to receive it,"
Sununu wrote.

In a phone interview Friday, Sununu said he learned that state
police, Manchester police and other law enforcement agencies hadn't
received the final report.

"I don't think the parties involved can comment on the thoroughness
or appropriateness of the investigation until all parties have had a
chance to at least review the findings and I've taken steps to try to
ensure that senior officials at the participating enforcement
agencies can get access to the information," Sununu said.

Sununu made it clear he doesn't want to compromise any ongoing investigations.

Bass and Sununu commented publicly after reviewing the portions of 25
pages the DEA released last week to the New Hampshire Sunday News in
response to the newspaper's formal request in February under the
Freedom of Information Act.

The DEA refused to release 608 pages of the information requested
about the OPR investigation saying that material was confidential by
federal law, but didn't explain what general kinds of information
were withheld.

While many of the pages released to the Sunday News were at least
partially blacked out (and some pages labeled DEA Sensitive), the
documents briefly restate allegations raised by New Hampshire State
Police Sgt. Michael Hambrook in a memo dated Aug. 14, 2000.

That original memo complained about DEA Agent Jim Sullivan, head of
the CBI task force, and Special Agents Bob Kew and Ed Mastracola, for
allegedly "kidnapping" the confidential informant Aug. 9, 2000, and
detaining him in Lowell long enough to scuttle the cocaine deal in
New Hampshire.

The agents' names are blacked out on the DEA documents. The DEA also
blacked out the names, but not the titles, of the law enforcement
officials who were briefed in March, making most easily identifiable.

For instance, State Police Col. Gary Sloper's and Manchester Police
Chief Mark Driscoll's names were blacked out, but not their titles.

Some DEA documents also mistakenly allege the incident occurred on
Aug. 8, 2000, but Hambrook's complaint and other DEA references say
it happened Aug. 9, 2000.

Besides working for New Hampshire authorities, the paid informant in
question had also been working with the DEA through the Cross Border
Initiative in Lowell on an unrelated heroin bust.

State, local and federal authorities from Massachusetts and southern
New Hampshire work together in the Cross Border Initiative task force
in Lowell, although NHSP doesn't participate.

Hambrook's memo speculated that DEA was upset that they weren't in
charge of the planned cocaine bust, that it had been originated by a
U.S. Department of Housing and Urban Development agent.

Hambrook's memo detailed the following scenario: Law enforcement
officials were on standby in New Hampshire to execute a large cocaine
bust. DEA Agents Kew and Mastracola picked up the paid informant in
Manchester early Aug. 9, 2000, and detained him in Lowell.

Hambrook said HUD agent Ed Redmond at one point called the CBI and
spoke with Lowell police detective Peter Kelleher explaining the
informant was needed in New Hampshire where more than a dozen
officers were waiting in a home that had already been wired for sound
and video for the anticipated cocaine bust, and Kelleher said he
didn't want to get involved.

"Redmond told Kelleher, 'Pete, you kidnapped the (informant)' and
Kelleher responded 'Yea I know but it wasn't me,'" Hambrook wrote.

Hambrook said: "The informant said 'it' felt like 'it' was in jail
and not free to go.". . . "The informant told me that after 'it'
escaped 'it' received several calls from (DEA) agents (Bob) Kew and
(Jim) Sullivan trying to get (informant) to come back to CBI offices.
. . "

Hambrook also said Agent Mastracola told the informant to return to
CBI, that he should be working the case with the DEA because it could
pay him more than HUD or New Hampshire.

The memo was leaked anonymously to the New Hampshire Sunday News last
November. In a memo also leaked at the same time, Hureau concurred
with Hambrook's request for an OPR investigation of the DEA agents'
behavior.

"In my past 29 years in law enforcement, I have never observed such
improper and deceitful behavior by any police officers. The actions
of these agents not only hindered an ongoing investigation, but were
totally self-serving, and in my opinion, border on criminal
activity," Hureau wrote.

Calls Friday seeking comment from Sloper and Hureau were not
returned. Manchester Police Chief Mark Driscoll declined comment.

The newly released DEA documents say the DEA administered a polygraph
test to the confidential informant who said he felt like he was
caught in the middle of the dispute.

"The CS (confidential source) stated that DEA Agents never held him
against his/her will. The CS stated that he/she felt caught between
the two agencies," the report states.

"CS was afforded a polygraph examination consisting of the following
relevant questions: 1. On Aug. 9, 2000, were you held against your
will? Answer. No. 2. On Aug. 9, 2000 were you held against your will
by agents? No."

In a memo dated April 18 by Randy T. Yates, acting chairman of the
Board of Professional Conduct, wrote: "The OPR investigative file
clearly demonstrates that the CS was not 'kidnapped nor detained
against his will,' that he was there voluntarily, that he was at the
CBI Task Force office for the CBI heroin investigation and that he
could have departed the CBI office at any time.

"Accordingly, the Board has concluded that there was no intent to
interrupt, disrupt or jeopardize the New Hampshire State Police HUD
enforcement operation. In fact, DEA management and the CBI were
attempting to diplomatically resolve the enforcement issues that had
surfaced in the investigation.

". . . The Board finds no evidence to support the allegation that the
DEA agents 'unlawfully detained' the DEA (informant) in order to
obstruct an NHSP drug investigation. As such, the Board recommends
that GS (Group Supervisor name blacked out) and SA (Special Agent
named blacked out) and SA (Special Agent name blacked out) be issued
letters of clearance relative to the allegations of Poor Judgment in
this matter," Bates' memo said.

Eryn Witcher, spokesman for Sen. Bob Smith, R-NH, said: "His view is
he just wants the New Hampshire State Police and the federal DEA to
fight the war on drugs.

"This has been investigated. His hope would just to have the New
Hampshire State Police and DEA work together and resolve any
differences. The DEA is not an agency he has jurisdiction over,"
Witcher said.

A spokesman for U.S. Sen. Judd Gregg, R-N.H, said Gregg was reviewing
the matter.

Lowed City Counselor Edward "Bud" Caulfield said city councilors,
some of whom were initially outraged that the DEA might try to lure
drug dealers to beef up arrest numbers and opportunities to seize the
assets of drug dealers, were promised a final copy of the OPR
investigation and never received one.

"I think the chief (Lowell Police Chief Ed Davis) verbally gave a
report that they didn't find anything wrong," Caulfield said.

"New Hampshire State Police should step up to the plate and should
let everyone know they are not satisfied with the investigation. They
are the ones who issued the complaint. They shouldn't take a back
seat.

"It was truly a pitiful way for law enforcement agencies to try to
direct their energies if they are fighting over where a drug dealer
should be arrested to make one community look good over another one.
That's pitiful," Caulfield said.