THIS IS YOUR WITNESS ON DRUGS

Judge Orders New Trial for Defendants Convicted on Coked-Up
Testimony

If you're testifying for the prosecution on a drug case, here's a bit
of advice: don't be hooked on the stuff yourself. Last week, in a
ruling that somehow slipped under the radar, Criminal Court Judge
Randall Wyatt granted a new trial to six Hispanic defendants convicted
on conspiracy to sell over 70 pounds of marijuana in April 2001. The
judge ruled that a key prosecution witness, T.B.I. agent Patrick
Howell, was addicted to cocaine during the investigation and
proceedings of the case. Wyatt set aside a 15-year-sentence for each
of the defendants, who had been ordered to serve their entire sentence
because they were arrested within 1,000 feet of a school zone.

"I'm sure the state is considering appealing the decision, but as far
as we're concerned, we're going to plan as if they are going to get a
new trial," says Jerry Gonzalez, an attorney for one of the defendants.

Davidson County District Attorney Torry Johnson says his office is
still reviewing the ruling.

Later fired from the bureau, Howell was the lead investigator in the
case. After tracking down members of the alleged drug ring, he got one
member to cooperate. Howell also took the case to the grand jury,
testified at a preliminary hearing and, during the trial, identified
two of the defendants with being at the crime scene. As Wyatt wrote in
his order, Howell "played a leading role in acquiring evidence that
was used against all of the Petitioners." But all the while, the judge
ruled, Howell had been high on coke, undermining his credibility.

It was not Howell's first use of the drug. Howell admitted to using
cocaine "in late 1997 or 1998," Wyatt wrote. He then left the bureau,
returned to his role as an agent and, once again, resumed his coke
habits right around the time he began investigating the Hispanic
defendants. Howell was later arrested on drug charges, including one
count of possessing cocaine "with intent to deliver to various
prostitutes." He also admitted to stealing cocaine from the T.B.I.
evidence locker.

Wyatt did not opine on when the Davidson County District Attorney's
office first knew about Howell's cocaine activity, although he notes
somewhat suspiciously that the prosecution diminished the agent's role
in the case as time went on. (Torry Johnson declined comment on the
particulars of the case.) Gonzalez, the defense attorney, claims that
Johnson definitely knew about Howell's drug problems after the
sentencing and failed to tell the defendant's attorneys as they were
preparing motions for a new trial.

There's an interesting side note to the story. To support his habit,
Howell later admitted to stealing cocaine from investigations he was
involved in. Gonzalez points out that if he had the cocaine on him
while he was working at the old T.B.I. building in South Nashville, he
would have been in possession of a drug within 1,000 feet of Tennessee
Preparatory School. And we already know he had been distributing
cocaine as well. So why wasn't he prosecuted under the same statute
used against the Hispanic defendants? In fact, all Howell got after
pleading guilty to two counts of tampering with evidence was three
years probation.

"What this says," Gonzales charges, "is that the district attorney's
office will prosecute Hispanics who come within 1,000 feet of a school
but not the law enforcement officers who likewise have drugs within
1,000 feet of a school."