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News (Media Awareness Project) - US TX: Drug Case Informants Make Deal
Title:US TX: Drug Case Informants Make Deal
Published On:2002-07-11
Source:Dallas Morning News (TX)
Fetched On:2008-08-30 06:25:01
DRUG CASE INFORMANTS MAKE DEAL

They'll Testify Of Police Link; Officer's Lawyer Doubts Story

A confidential police informant who pleaded guilty Wednesday to framing
innocent people on drug charges will testify that his Dallas police
handlers pocketed payments by forging vouchers. Another will say that
police falsified reports, their attorneys say.

Jose Ruiz-Serrano and Reyes Roberto Rodriguez each accepted a deal under
which they could plead guilty to a single civil-rights charge in exchange
for cooperating with an FBI investigation into drug cases that were
prosecuted with fake evidence.

Mr. Ruiz-Serrano and Mr. Rodriguez worked as subcontractors for Enrique
Alonso, who was indicted Wednesday for allegedly violating the civil rights
of 13 people arrested in the drug cases.

Mr. Alonso, the primary informant in the cases, had not accepted a plea
offer by Wednesday, his attorney said

Documents made public thus far do not implicate any officers, but attorneys
for the two informants who agreed to plead guilty said their clients would
link police to the fake drugs.

An attorney representing Senior Cpl. Mark Delapaz, one of two narcotics
officers involved in some of the 80 drug cases dismissed so far, questioned
the credibility of the two informants. An attorney for Officer Eddie
Herrera declined to comment. The two officers have been on paid
administrative leave since January, when the FBI began its investigation.
"I don't think ... [the informants] can get away at all with this business
of pocketing the cash and forging names," said Bob Baskett, who is
representing Cpl. Delapaz. "They can say most anything if they think it's
going to help them. Either everybody had to be in on the deal, or they're
just flat lying.

"My bet is they're lying, versus everyone associated with them being in on
the scam."

Cpl. Delapaz and Officer Herrera have not been accused of any crime, and
government officials have not said whether the two officers or any others
from the narcotics unit are under investigation.

Enrique Alonso Police officials have declined to comment on the cases
because of the ongoing federal investigation.

Mr. Ruiz-Serrano and Mr. Rodriguez would face revocation of their plea
agreements and years of additional prison time if they are found later to
have committed perjury, and FBI officials said any testimony from the
informants would be rigorously tested against other evidence gathered in
the case.

Guilty To Conspiracy

The two men pleaded guilty to conspiring to package billiards chalk, plant
it on or near unsuspecting bystanders and provide authorities with false
information that led to the arrests and prosecutions of dozens of innocent
people, including many Mexican laborers.

Reyes Roberto Rodriguez Court documents said that between October 1999 and
January, narcotics supervisors authorized officers to pay large sums of
city money to all three undercover informants, based on the volume of drugs
seized. More than $250,000 was paid before lab tests began showing that
evidence listed as real drugs was billiards chalk in dozens of cases, the
records said.

William Nellis, Mr. Ruiz-Serrano's attorney, said his client will live up
to the terms of the plea bargain by telling FBI investigators that police
narcotics officers, whose names he declined to reveal Wednesday, forged at
least 35 department pay vouchers for $24,000 supposedly paid to Mr.
Ruiz-Serrano.

"To what extent law enforcement knew these drugs were fake, I don't know.
But they forged my client's signature on $24,000. It went straight into
their pockets," Mr. Nellis said after the plea deal was signed.

Mr. Nellis declined to disclose the names of police supervisors and
officers who handled the pay vouchers.

Jose Ruiz-Serrano Through an open-records request this year, The Dallas
Morning News obtained copies of more than 50 pay vouchers to confidential
informants working for Cpl. Delapaz or Officer Herrera. City officials
blacked out the names and signatures of the arresting officer and the
informants who were being paid from $20 to as much as $50,000 cash for
setting up drug stings.

Differences In Details

The payments listed for those vouchers in 2000 and 2001 totaled more than
$254,000. Officials did not black out the names of officers witnessing the
pay transactions. In those instances, Officer Herrera witnessed 54 payments
by Cpl. Delapaz to informants. Cpl. Delapaz witnessed three pay
transactions by Officer Herrera to informants.

Mr. Rodriguez will tell investigators that many details of the drug busts
were different from the events described by police narcotics officers in
the affidavits they submitted to prosecutors, said his attorney, Karl Rupp.

"He can attest that events alleged to have been witnessed by police
officers in their arrest reports did not take place," he said.

Mr. Rodriguez worked as a subcontractor to the other informants and had no
direct dealings with police officers, Mr. Rupp said. Mr. Rodriguez cannot
say whether police officers knew that the informants were planting packages
of fake drugs, he said.

Mr. Rodriguez's allegation that police officers submitted inaccurate
reports is similar to allegations in a lawsuit filed by 10 of the victims
last spring.

Don Tittle, the attorney representing plaintiffs in the pending lawsuit
against the city and officers, said many of the police affidavits
associated with the cases differed greatly from the accounts of those arrested.

'Explaining To Do'

"The fact that the reports contain very specific recitations of facts that
never occurred means that either the cops knowingly made false reports, or
they very carelessly relied on people who were making up facts all along
and never bothered to check," he said. "It means, at best, they're
incompetent, and at worst they're criminals. "The police have an
unbelievable amount of explaining to do," Mr. Tittle said.

The FBI's acting special agent in charge of the Dallas office, Ed
Lueckenhoff, declined to discuss what help the informants may be prepared
to offer. He said the bureau will examine whether police officers conspired
with the informants.

"We are not going to simply accept information from these individuals
without thoroughly assessing and testing it for accuracy," Agent
Lueckenhoff said. "We work every day in a positive manner with the Dallas
Police Department, and no one in the FBI will assume guilt on the part of
one of their officers part without clear proof."

Staff writer Tim Wyatt contributed to this report.

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