AN ODD CASE OF CRIMINAL KISMET

Let's all get the "Thin Blue Line" yada-yada-yada, law and order blah,
blah, blah, vanguard against anarchy oh-voo-dee-oh-doe rhetoric out of the
way, shall we?

Cops are wonderful people. they serve and protect. They do society's dirty
work. And they always pay for their doughnuts. OK, everybody now - Hey,
thanks a bunch!

But even with all the acknowledged sacrifices and risks the folks with the
badges endure, that still doesn't confer the right to undermine the very
judicial system they take an oath to honor.

Earlier this week a Florida Highway Patrol officer in sworn testimony
admitted to misleading state judges and filing false reports in preparing
federal drug interdiction cases at the behest of the FBI.

The case in question involved the arrest of Michael Flynn, who was busted
after troopers discovered 220 pounds of cocaine in the trunk of his
broken-down car. Who says it never snows in Polk County?

In his arrest report Trooper Douglas Strickland stated that he was simply
bopping along singing a song on Interstate 4 when he merely happened upon
Flynn and his incapacitated car. And being the caring, helpful law
enforcement officer he is, all Strickland was attempting to do was aid a
motorist in distress.

However, when Trooper Strickland and his partner noted Flynn was irritated
and refused the helping hand being extended by the Florida Highway Patrol,
the officers' feelings were hurt. Thus it happened that Strickland insisted
upon searching Flynn's trunk whereupon as luck would have it the 220 pounds
of cocaine was discovered.

Fate, it's a heck of a thing.

The arrest was based on Flynn's refusal to open his trunk to what he
thought were merely a couple of troopers offering roadside assistance.
Well, if you had 220 pounds of cocaine in your trunk would you want to open
up the cockamamie thing for two --- COPS!?!?!?

It turned out though that Strickland and his partner showing up just as
Flynn's car broke down was hardly a case of criminal kismet.

The troopers knew the FBI had rigged Flynn's car to break down, which would
give them a reason to stop and offer to help. They knew what was in the
trunk because the FBI had told them.

To be sure, the high-tech shenanigans of the feds in pursuit of a suspected
drug dealer certainly earns points for creativity.

But where this case runs into trouble is in the criminal affidavit where
Strickland stuck by his chance-meeting story rather the FBI.

The problem here is simply this: You can't lie to judges. They get annoyed.
It gets unpleasant.

And because Strickland's affidavit was a thing of fiction the state charges
against Flynn were dismissed, although it's fair to say he didn't get his
cocaine back.

Flynn and two other co-defendants still face federal conspiracy and intent
to distribute cocaine charges. And while federal rules of procedure in
criminal cases are far more favorable to the prosecution, even federal
judges have no sense of humor when it comes admitting sloppy and phony
evidence into court.

It's a simple notion, but aren't the cops supposed to be the ones who
follow the law?

Strickland also testified state judges have been intentionally misled in
other drug cases involving the FBI, which raises the onerous question: If
this sort of paperwork fudging has occurred more than once in Polk County,
what about the rest of the state, the rest of the country?

How many other drug cases could be jeopardized, defendants freed simply
because the FBI was suddenly overcome with a bout of shyness?

Yes, a thousand times yes, the war on drugs is terribly frustrating and
often unrewarding. But you can't go around breaking one set of laws simply
to uphold another set of laws.

Is there a good chance Michael Flynn and his co-defendants could walk
because of Strickland's error? Sure. But justice could still be served.

After all, Flynn lost 220 pounds of coke worth millions of dollars.

And when a worker loses that much merchandise, employment is often
terminated.