News (Media Awareness Project) - US CA: Orange County Judge Dismisses Suit Over Informant's |
| Title: | US CA: Orange County Judge Dismisses Suit Over Informant's |
| Published On: | 2000-09-19 |
| Source: | Fresno Bee, The (CA) |
| Fetched On: | 2008-09-03 08:21:32 |
ORANGE COUNTY JUDGE DISMISSES SUIT OVER INFORMANT'S DEATH
SANTA ANA, Calif. (AP) -- An Orange County judge ruled that Brea police are
not liable in the slaying of a youth they used to gather information on
drug dealers.
Superior Court Judge Thierry Colaw's action dismissed a lawsuit by the
family of Chad MacDonald, a 17-year-old who was killed by gang members in 1998.
The ruling supplies vindication for a police force widely criticized for
using MacDonald to buy drugs after officers arrested him for
methamphetamine possession.
In response to MacDonald's slaying, state legislators passed a law in 1998
restricting police use of minors working undercover.
Colaw concluded Thursday in a written order that police were not liable
because MacDonald's mother signed a waiver consenting to her son's
informant work.
The judge also said police cannot be held responsible for "heinous criminal
acts of third persons."
In the lawsuit, the MacDonald family claimed the waiver was invalid and
that the city should be held liable for failing to protect the teen-ager.
The department said MacDonald was no longer working for police when he was
killed.
"I"m very disappointed with the judge's ruling," said MacDonald"s mother,
Cindy MacDonald. She declined further comment.
Lloyd Charton, the family's attorney, said he would appeal.
Some law enforcement officials feared that if the family's lawsuit
succeeded it would deter police departments from using informants, which
are a key tool in narcotics investigations.
"If Brea would have lost several million dollars in an informant situation,
I can tell you most of the city attorneys would have put out an alert and
said, 'You probably shouldn't use informants, or only use them if you
follow very strict guidelines,"' said Craig Steckler, president of the
California Police Chiefs Association.
Three people were convicted of murdering MacDonald and attempting to kill
his girlfriend.
They were sentenced to life in prison without parole, but Judge Dewey
Falcone said he wished he could have sentenced them to death.
Jose Ibarra, 21; Michael Martinez, 22; and Florence Noriega, 30, were
convicted of murder Oct. 18. They also were convicted of raping and
shooting MacDonald's 16-year-old girlfriend, who survived and testified.
SANTA ANA, Calif. (AP) -- An Orange County judge ruled that Brea police are
not liable in the slaying of a youth they used to gather information on
drug dealers.
Superior Court Judge Thierry Colaw's action dismissed a lawsuit by the
family of Chad MacDonald, a 17-year-old who was killed by gang members in 1998.
The ruling supplies vindication for a police force widely criticized for
using MacDonald to buy drugs after officers arrested him for
methamphetamine possession.
In response to MacDonald's slaying, state legislators passed a law in 1998
restricting police use of minors working undercover.
Colaw concluded Thursday in a written order that police were not liable
because MacDonald's mother signed a waiver consenting to her son's
informant work.
The judge also said police cannot be held responsible for "heinous criminal
acts of third persons."
In the lawsuit, the MacDonald family claimed the waiver was invalid and
that the city should be held liable for failing to protect the teen-ager.
The department said MacDonald was no longer working for police when he was
killed.
"I"m very disappointed with the judge's ruling," said MacDonald"s mother,
Cindy MacDonald. She declined further comment.
Lloyd Charton, the family's attorney, said he would appeal.
Some law enforcement officials feared that if the family's lawsuit
succeeded it would deter police departments from using informants, which
are a key tool in narcotics investigations.
"If Brea would have lost several million dollars in an informant situation,
I can tell you most of the city attorneys would have put out an alert and
said, 'You probably shouldn't use informants, or only use them if you
follow very strict guidelines,"' said Craig Steckler, president of the
California Police Chiefs Association.
Three people were convicted of murdering MacDonald and attempting to kill
his girlfriend.
They were sentenced to life in prison without parole, but Judge Dewey
Falcone said he wished he could have sentenced them to death.
Jose Ibarra, 21; Michael Martinez, 22; and Florence Noriega, 30, were
convicted of murder Oct. 18. They also were convicted of raping and
shooting MacDonald's 16-year-old girlfriend, who survived and testified.
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