THWARTING ATTEMPTS TO CHECK ON WITNESS

James R. Sterba vehemently denied the charges against him: soliciting a
minor over the Internet for an unlawful sexual encounter.

He admitted exchanging messages with a woman in an adult Internet chat room
and arranging for a meeting at his motel, but he said he'd never intended
to meet with a minor, and he never did.

The government's key witness at the trial in May 1998 in Tampa said
otherwise. Assistant U.S. Attorney Karen Cox for the Middle District of
Florida questioned her:

"Are you Gracie Greggs?"

"Yes," the witness answered.

Greggs then testified that federal agents paid her more than $2,000 to go
into chat rooms, lure unsuspecting individuals who might be willing to meet
with a minor, then set up a hotel meeting where federal agents would swoop
down and make the arrest.

Prosecutors had kept this witness under wraps before the trial, despite
discovery requests by Sterba's lawyer.

As the trial was about to end, U.S. District Judge Steven D. Merryday asked
Cox again about Greggs and issues related to his charge to the jury. Did
Greggs have "some sort of history in law enforcement?" Cox responded, "Not
that I'm aware of."

Meanwhile, Sterba's defense attorneys were puzzling over the fact they
could find no mention of Greggs in a computer background check.

As the two-day trial was about to close, Sterba's lawyer again asked Cox
about Greggs, and this time Cox told the judge, "Oh, that's not her real
name; that's her confidential informant Customs name."

Sterba's lawyers asked a judge to delay the charging of his jury and soon
learned that "Gracie Greggs" of Tampa was actually Adria Jackson of
Decatur, Ga. Jackson had a long criminal record. In exchange for her
cooperation in the chat room operation, federal agents had dropped an
investigation into her connection with an international pornography ring
involving minors.

She had pleaded guilty to making a false statement and filing false police
reports that led to the arrest of an innocent man, her former boyfriend,
for armed robbery. Jackson also admitted she was on anti-depressants and
had been found in contempt of court in a family court dispute.

Jackson had revealed none of this when defense attorneys asked about her
background.

On Aug. 13, Merryday dismissed the indictment against Sterba and barred the
government from retrying him. "Cox either manufactured or accepted a plan
to employ a fictitious name for Jackson and deploy that name in the service
of the prosecution both before and during trial to further the
prosecutorial goal of a conviction," the judge said. "The expectation was
to proceed with the plan without the knowledge of the defense and without
the knowledge or consent of the court. Cox abrogated to herself the legal
and moral authority to decide what truth became public and, thereby, what
fate awaited Sterba."

The judge referred to a 1978 book titled, "Lying: Moral Choice in Public
and Private Life" by Sissela Bok, who wrote extensively about the dynamics
of personal dishonesty undertaken for the presumed benefit of the public good.

The judge said "the court is entitled to the simple truth on all occasions
. . [and] a duty of truthfulness is owed to the court by all citizens,
especially by its officers."

Cox was removed from the case and the Justice Department's Office of
Professional Responsibility is conducting an inquiry.

Sterba, imprisoned for nine months awaiting trial, finally went free.
During his confinement, he lost his job as a bus driver. He has considered
trying to sue the government for ruining his life but has learned he has
little chance of success.

Checked-by: Richard Lake