Michael Levine, Consulting
P.O.BOX 533 STONE RIDGE, NY 12484 845-687-9642 Expert53@aol.com |
Michael Levine, Consultant & Investigator LANGUAGE: Spanish (bilingual) EXPERIENCE:1990 - Present Expert Witness - Trial Consultant: Since 1990, as a civilian, I've been retained in more than 160 criminal and civil matters relating to the below topics. 90 percent resulting in out-of-court resolution (see details below). 1. Use of Force. 2. Interrogations/Interviews. 3. Human Intelligence (Informants) recruitment, evaluation, corroboration, management and control. 4. Law Enforcement Investigative Procedures (local and federal). 5. Due Diligence in Obtaining Probable Cause. 6. Undercover & Surveillance Tactics. 7. Entrapment (Undercover & Informant). 8. Controlled Delivery Operations. 9. Domestic and International Narcotic Enforcement Procedures, including RICO/Conspiracy investigations, Money Laundering, Internet drug trafficking and other related matters. 10. Physical and Plant Security. 11. Official and Police Corruption & Misconduct. 12. Law enforcement hiring practices & background investigations. 1990 - Present: Security Consultant to Internet Pharmaceutical Industry I served as a regular instructor of Undercover Tactics and Informant Handling for Ontario Provincial Police Academy for 7 years. As a lecturer/consultant, on the subject of International Narcotic Enforcement and related subjects, I have appeared before a wide variety of audiences, from the United Nations and the World Presidents Organization to the New York City Council, and The Cato Institute. I lecture frequently at colleges and universities across the US and Canada. In 1993 I was voted the Canadian College Speaker of the Year. I have also been invited as a lecturer/consultant to international drug conferences sponsored by the French, Spanish and Dutch governments. (complete list available on request). Recent and upcoming significant speaking engagements: New York University's forum on the Intelligence Failures Leading to 9-11; Crimes of Deceit conference at Melbourne, Australia (topic: Informant handling and its relationship to the intelligence failures leading to 9-11). I will be speaking on informants (Human Intelligence) at MIT on May 3, 2003. 1993-1994 Named as member of the Mayoral and City Council Automated Teller Machine (ATM) Task Force at the special request of Mayor David Dinkins. The work of this task force resulted in new laws increasing security at the 25,000 automated teller machines in the City of New York. 1992-1993 Drug Bureau Chief, Barnstable County, Mass. (Cape Cod) Sheriffs Department. 1973-to-1990 Drug Enforcement Administration. Highlights: DEA Positions held: Expert Witness 1970 - 1973 Assistant Group Supervisor, Hard Narcotics Smuggling Division,
US Customs. Also held positions of Special Agent and Special Agent/Sky Marshal. 1966 - 1970 Special Agent, Bureau of Alcohol, Tobacco & Firearms (BATF). 1965 - 1966 Special Agent, Intelligence Division of the Internal Revenue Service, OCD (Organized Crime Division) EDUCATION: OTHER SIGNIFICANT TRAINING AND BACKGROUND RELATED TO LAW ENFORCEMENT: 1958 -1961 US Air Force: Sentry Dog Handling School IRS Intelligence Schools US Treasury Schools BATF Schools US Customs Schools DEA Schools State Department Schools while in DEA: MILITARY-SERVICE 1958 - 1961 AWARDS: PUBLICATIONS: - Deep Cover, nonfiction, New York Times bestseller, (Delacorte Publishers,
March 1990, since republished by special arrangement between the Author's Guild
and iuniverse-numerous foreign translations). ARTICLES: The following is a list of publications and articles from 1993 to 2003: MEDIA CONSULTANT & GUEST/EXPERT APPEARANCES: I have appeared as a guest/expert on the following nationally televised shows: Rivera Live, 60 Minutes, Donahue, Geraldo Rivera (both Daytime show and Rivera Live), Inside Edition, Good Morning America (3 times), NBC Morning Show, CBS Morning Show, MacNeil Lehrer News Hour (interviewed by Charlene Hunter Gault), Dick Cavett (2 times), 9 Broadcast Plaza, Bill Moyers (2 times), Like It Is (Gil Noble, 2 times), Dan Rather News (several times), 20/20 (ABC), CBS Eye On America, Night Watch, Crier Report (Fox News Net), Crossfire, HBO documentary on undercover work; Arts and Entertainment Movie Undercover, and more. Most recently can be seen on the History Channel in the Mike Wallace's "20th Century Special "Losing the Drug War." I have also been retained by Spelling Productions as technical consultant in a new television series "Kingpin" based on Mexican drug trafficking and government corruption. I have appeared as an expert on various law enforcement related topics on numerous local television shows around the country including Miami, New York, Connecticut, Westchester County, Dallas, San Diego, San Francisco, Chicago, Detroit, Tampa, Houston, Seattle, Los Angeles, New Orleans, Boston, Cape Cod, Portland, Washington, DC, Baltimore, Maryland, Atlanta and more. I have also made guest appearances on hundreds of local and national radio shows around the country. ASSOCIATIONS: - COPS (Concerns of Police Survivors), an organization of families of police
officers killed in the line of duty. EXPERT WITNESS TESTIMONY AND CASES: Since my retirement from the United States Department of Justice on 1/1/1990, I have been retained as an Expert Witness and trial consultant on more than 160 occasions on matters relating to Drug trafficking, Money Laundering, Use of Force, Corruption, Undercover Tactics, Use of Criminal Informants and other related criminal and civil matters. Most cases have resulted in plea-bargaining arrangements and/or out-of-court settlements. LIST OF CASES IN WHICH I HAVE FURNISHED AFFIDAVITS, REPORTS OR TESTIMONY DURING PAST FOUR YEARS, AS PER RULE 26: US v Allan Dotson, San Diego Federal Court. Issues: Substandard Undercover and Informant Handling Tactics [entrapment]; Substandard corroborative investigation. By report. Attorney Nancee Schwartz, San Diego, CA. US v Hector Gutierrez - Federal Court, Southern District of California, San Diego. Issues: Substandard Undercover and Informant Handling Tactics [entrapment]; Substandard corroborative investigation. Testimony at trial also covered international drug smuggling tactics. Attorney Eugene Iredale, San Diego, CA. Carlson v US - Federal District Court, San Diego, CA, - Civil law suit involving improper management, control and corroboration of a criminal informant, police misconduct, use of force; substandard internal affairs investigation [cover-up] and other issues pertaining to a multi-agency, Federal raid on the premises of Donald Carlson. Attorney Jeremiah Coughlin, San Diego. By report. [Settlement of $2.5 million based upon expert witness report and negotiations]. US v Raul Martinez, Federal Court Northern District of Calif., by Expert Affidavit, CR-99-20164 RMW - (Substandard use, control and corroboration by FBI, of a Jailhouse Snitch and an undercover informant to entrap), Public Defenders Office, San Jose, California. Judge accepted expert affidavit during sentencing. US v John Mull, US Dist. Court, Nebraska 4:99CR3043 6/2000 (Nebraska Public Defender). Failure by Nebraska police to manage, control and corroborate an undercover criminal informant as per national standards and training, during a "controlled" crack buy. Testified at Trial. Pellegrino v US, Southern District Federal Court of California, San Diego - Justice Judith Keep. (May, 1997). Civil law suit, Illegal use of deadly force by undercover US customs agent in the killing of John Pellegrino; indications of false statements, cover-up and substandard investigative report writing procedures; improper surveillance and investigative tactical procedures; improper hiring and background investigation. By report and testimony at trial. Attorney, Katherine Meadows, San Diego. US v Martin Ortegon et al, [Mexican Mafia] Federal Dist. Court, San Antonio, Texas, 2/17/99. Failure by FBI to adhere to national standards in the investigation and corroboration of Jailhouse Informant testimony, in RICO, homicide case. By testimony at trial. Attorney: Marina Thais-Douenat, San Antonio, Texas. US Immigration v Larry Masters, by affidavit. Opinion for Immigration Court as to whether actions of defendant constituted 1/4/2000 constituted felony violation of narcotic laws. Expert Affidavit indicating substandard and flawed investigative methods and reasoning used to reach conclusion that Masters was "dealing" drugs. By report. US v Angel Garcia Shober, US district Court Southern District of California. Civil Case No. 99cv1669-IEG - Crim. Case No. 93cr124-IEG. Issues: Defendants were offshoot of a major RICO, drug trafficking, money laundering investigation by FBI into the Cali drug cartel. Expert Affidavit submitted for appeal brief, indicating investigative, undercover and informant handling procedures that were well below acceptable standards of law enforcement. Affidavit. Attorney, Janice Deaton. Milton Bajana v City of New York, by affidavit, (Civil matter) August 2, 2000, Eastern District Federal Court, Brooklyn, New York. Issue: False arrest by NYPD based on substandard narcotic smuggling investigation by US Customs and substandard corroboration of information received from US Customs [avoidance of exculpatory] by NYPD; substandard reporting. By report, Attorney Curtis Farber. State of New Jersey v Zheng Zhang, shoplifting and assault charges. N.J.Expert Affidavit filed indicating Improper and substandard undercover tactics by store detectives) and Unlawful use of Force. By affidavit. August 16, 2001. Attorney Ida Cambria, New Brunswick,NJ. [Plea agreement in favor of client, as result of negotiations based on Expert Witness Report]. State of Nevada v Richard Powell (Multiple Homicide). 9/28/2000, CASE C148936 - By affidavit & testimony: Improper investigation and corroboration of jailhouse informant testimony in quadruple drug related homicide. Las Vegas Public Defenders Office. Expert Witness report submitted. US v Ruben Lora, Federal Court Boston, Mass. (for details: Public Defender, Owen Walker - Boston Public Defender 617-223-8061 - December, 2000). Expert witness Report submitted after conviction for use in sentencing hearing. The report indicated findings of Undercover entrapment - Mishandling of Informant - Substandard Investigative Procedures in Conspiracy investigation, Failure to properly corroborate informant information and failure to control informant entrapment activities. Judge allowed Expert Testimony as to "reality" of the undercover sting in her sentencing deliberations. By report and testimony, Federal Court, Boston, MA. Nagy v Town of Carteret New Jersey et al, Civil case in Federal Court, Newark, New Jersey, by affidavit, charging defendants with substandard and prejudiced investigative tactics; substandard reporting; indications of official misconduct and corruption in the management of investigations targeting Mr. Nagy, who at the time was Carteret New Jersey Chief of Police. Attorney Clifford Kuhn. [Settlement pending]. Taisha Caldwell v Town of Carteret, New Jersey, Carteret Police Department and Police Officer Giuliano, et.al. New Jersey State Court. Civil: False Arrest, Excessive Use of Force. Expert witness report and affidavit indicating false arrest, unlawful use of force, substandard arrest and investigation procedures on part of officer; substandard investigative procedures on part of Internal Affairs and County Prosecutors office; substandard background investigation and hiring practices. Attorney: Ida Cambria. [Settlement pending]. Suffolk County v Charles Versaggi, Suffolk County, New York Criminal Court, Judge Hudson - on 6/19/2001 (Expert witness report indicated substandard Narcotic Investigative Procedures, Police Misconduct and Mishandling of Informant. Expert testimony used during Motion to Suppress. Attorney Fred C. Meyers, West Hampton, NY. Canadian Immigration v Mercedes Luna & Daniel [and family], as to likelihood of assassination if deported to Argentina after illegal entry into Canada. {Ruling in favor of Luna family]. US v Property of Carole Schwenke and Michael E. King, by Affidavit, Federal Court, San Diego, CA 10/21/01,- Issue: Illegal seizure by Federal authorities of $248,095 in what was allegedly the proceeds of the narcotic business. Expert Witness affidavit submitted, indicating that the federal investigators failed to document their asset seizure theory with appropriate and easily available investigative techniques was well below national standards for this type of an investigation. Attorney Richard Barnett, San Diego. [Ruling in favor of client]. US V Moreno et al San Diego California, 10/25/01, Federal District Court, Judge Marilyn Huff. (Nexus issue involving seizure of 10 tons of cocaine off Mexican coast - Also: Investigative failures related to International Conspiracy). Expert testimony in federal court concerning smuggling methods and tactics in general and the presence of factors indicating a high likelihood that the drugs were destined to Russia instead of US. Attorneys Shareen Charlick San Diego Federal Defenders, Nancee Schwartz (and 9 others). US v Dhakarov et al, San Diego California Federal District Court,1/3/02, Judge Jeffrey Miller. (Nexus Issue re: seizure of 9 tons of cocaine off the Svesda Maru - Also: Investigative failures related to international conspiracy investigation. Expert testimony in federal court discussed methods and tactics of drug smugglers in general and the indications present in the instant case that represented a high likelihood that the drugs were destined to Russia instead of US. Attorney Michael Crowley, San Diego, (and nine others) Basile v New York City Police Department, Federal Court Southern District of New York, (Civil matter) attorney Robert Spergel; testified via Expert Witness Affidavit: Re: NYPD Police Officer wrongfully suspended for shooting a dog. Testified as expert as to flawed, substandard and prejudiced investigative procedures utilized by NYPD, including matters relating to my military K-9 training and experience. By report. (attorney Robert Spergel). NYPD v Officer Jacqueline Caudle, by affidavit in defense of officer Caudle accused by NYPD on 1/28/02, before GO 15 NYPD hearing, of using her firearm to menace convicted felon, Micah Brown during street altercation. Expert affidavit submitted to NYPD trial board indicating substandard investigative practices in that the complainant's information should have been investigated with the same diligence an investigator would employ when investigation criminal informant information, but was not. As well as other procedural failures. (Attorney Robert Spergel). Agreement reached in favor of client, based on expert witness report and negotiations. People v Mott, San Diego California, April 21, 2002, state Supreme Court. By Expert Witness Report in support of defense claim that S.Mott did not possess 6 grams of heroin with intent to sell. Substandard Narcotic investigative procedures; avoidance of exculpatory information; substandard reporting; substandard informant handling; substandard undercover tactics. Attorney Richard Muir, San Diego, CA. [Satisfactory plea bargain pursuant to negotiations based on Expert Witness report]. CA v Flores by Expert Witness Report. Issues: Use of K-9 during investigation pertaining to car-jacking; failure of police to adequately corroborate on-the-spot informant testimony and other inconsistencies in investigative procedure. By Expert Report. Attorney, Tracee May Brewster, Public Defenders office, State Court, Santa Ana California. [Client found not guilty after trial]. Adam Alvarez v Masaryk Towers, by affidavit, (3/11/02) as expert in building and site security, in support of Alvarez claim that management was negligent in the protection of its premises from intruders. Alvarez, an off-duty detective, was mugged and shot with his own firearm. By affidavit. US Federal Court, Southern District of New York. Attorney Jonathan Reiter. RICO civil law suit, for plaintiff by Expert Witness Report and affidavit. Attorney Morgan Scudi, La Jolla, California. Expert Witness Report submitted to court indicating specific findings of Probable Cause indicative of criminal RICO activity in certain business practices of a major corporation. (Details restricted/ court-ordered secrecy) US v Assets of Diane Webber, by expert witness report/affidavit. San Diego Federal Court. Issue: Asset seizure. April 27, 2002. Issue: Did agents have PC to believe seized funds were proceeds of "large scale marijuana" trafficking? " Expert Witness Affidavit submitted indicative of substandard investigative procedures, reporting and reasoning on the part of seizing officers. Attorney Richard Barnett, San Diego, CA. [Ruling in favor of client]. Polk County Iowa v Patrick Connor. Defendant charged with possession and sale of crack cocaine and assault on two undercover officers. Expert testimony at trial centered on substandard and questionable undercover tactics and unlawful use of force by the UC officers; substandard reporting; police misconduct. Attorney John Wellman, public defenders, Des Moines, Iowa. [Client found not guilty on all charges after jury trial]. US v Shefqet MATI. U.S district Court, Chicago, Ill. Defendant charged with conspiracy to possess and sell heroin. Expert witness affidavit and report filed on 8/23/02, indicating that investigators had failed to adhere to national standards of undercover tactics, Informant handling and investigative process resulting in the entrapment of the defendant; also includes substandard evidence handling and investigative handling procedures; as well as indications of criminal and/or corrupt acts on part of investigators; substandard reporting. Two Expert Witness reports filed. Attorney for Defense, Ralph J. Schindler, Chicago, Illinois. [Satisfactory plea agreement reached pursuant to negotiations based on expert witness report]. US v David Bensimon. Defendant convicted of conspiracy to receive and distribute 203 kilos of cocaine as a result of a controlled delivery operation. Affidavits filed in support of application for a new trial based on, substandard smuggling and controlled delivery investigation and undercover tactics; police misconduct; substandard reporting; failure of previous attorneys to utilize expert witness testimony in opposition to government expert, as well as other technical items pertaining to informant issues, smuggling investigative tactics and investigative procedures that were below national standards. Attorneys Ephraim Margolis and Gary Dubcoff, San Francisco. [matter pending]. US Immigration v John Doe. Issue. Mr. Doe, convicted of heroin trafficking after working as DEA informant, is now facing deportation to Argentina. Issues: likelihood of death if deported; substandard and prejudiced treatment of DEA Informant; substandard reporting. By affidavit. Trial pending March, 2004. Attorney, Steve Morley, Phila., PA. [Ruling in favor of client- Government is appealing]. US v ZAHKAROV, US Federal Court, San Diego, California. 11/5-11/6/02 - Issues: Was crewman aware of 10 tons of cocaine concealed on fishing vessel SVESDA MARU, or was he unwitting and/or coerced dupe; substandard interviewing/interrogation tactics; smuggling methods; involuntary confession; substandard investigative process [avoidance of exculpatory information]; substandard reporting. Attorney, Michael Crowley, San Diego. US v GRANT (Asset seizure), by affidavit, 10/27/02, US federal court, San Diego, Cal, for San Diego attorney Richard Barnett. Issue: that adequacy and interpretation of DEA/Police investigation supportive of assertions that money seized from defendant George Grant, was the proceeds of drug trafficking; substandard investigation [avoidance of exculpatory]; substandard reporting; prejudicial interpretations of fact presented as expert opinions. By affidavit. Attrney Richard Barnett, San Diego, CA. [Ruling in favor of client]. US v Raymundo Aguilar-Sanchez et al, Heroin Conspiracy, Title III. Federal Court, St. Louis, Mo. DEA/exaggeration, by use of unsubstantiated informant claims, of defendant's role in heroin conspiracy/translation of "coded" dialogue in Title III/Due diligence in investigative efforts. Substandard investigative effort [avoidance of exculpatory]; substandard interviewing techniques; substandard reporting; substandard informant handling. By testimony in St.Louis Federal court. Attorney, Joseph Hawkins Low, Newport Beach, CA. US v Ramon Cordero-Caraballo, Alleged to have fired a gun at a DEA agent who then fired two weapons at Cordero-Caraballo, seriously wounding him (severed spine). No weapon found. DEA charges Cordero with Assault of Federal officer. Issues: Unlawful Use of Deadly force, substandard undercover assignment of agent ill-equipped to perform undercover work; Indications of perjured reports; false statements, obstruction of evidence; substandard evidence handling; substandard investigative report writing and crime scene procedures; investigative misconduct. By Expert Report. Federal Court, San Juan, Puerto Rico. Public Defender, Joseph Laws. [Cordero-Caraballo assassinated on eave of trial- investigation pending]. US v Chris Chavez et al, Albuqurque, New Mexico, title III, . DEA exaggeration of defendant's role in heroin conspiracy, by virtue of unsubstantiated informant claims, exposing defendant to more severe sentencing measures as well as the omission of other investigative procedures that would have resulted in exculpatory evidence; substandard investigative tactics; prejudicial interpretation of recorded conversation; substandard reporting. Attorney Jason Alarid, Albuquerque, NM. By report. [Satisfactory plea agreement reached pursuant to expert witness report and negotiations]. State of Carlifornia v Eary and Butler. Defendants possess Medical Marijuana Permits issued under state law. A search by state authorities resulted in what police believed was an amount of marijuana that was "excessive for personal use" and charged the couple with possession with intent to sell, a felony. Expert report submitted in support of the defendants based on the significant failures in police investigation to adhere to standards of proof of possession with intent to sell and avoidance of investigative steps that would have resulted in exculpatory evidence; substandard and coercive interviewing tactics; substandard reporting. By affidavit. Attorney S. David Nick, San Francisco, CA. [Satisfactory Plea agreement reached as result of Expert Witness report]. State of GA v Albert Garrett-Testimony before State Grand Jury as an expert in police arrest procedures, investigative file review and use of Deadly force. Client: Client: District Attorney's office Fulton County Georgia. Inappropriate use of Deadly Force {manslaughter], indications of perjured statements, cover-up and other police misconduct, substandard investigative and report writing procedures. (Phyllis Clerk, Assistant District Attorney). By report and Grand Jury testimony, Fulton County, GA. US v CUAHATOMOC GONZALEZ-LOPEZ , Federal Trial, Conspiracy Investigation/informant statements/electronic recordings, 7/8-10/03, Federal Court, St. Louis, MO. Issues: Failure to adhere to national standards of informant handling, narcotics investigations, smuggling investigations and indications of falsification of reports and other misconduct. By report and trial testimony, Federal Court St.Louis, MO. Attorney Joseph Low, Newport Beach, CA. US v CESPEDES-CANO, Eastern District of New York, Federal Court. Issue: Blind mule receipt of 3 pounds of heroin on controlled delivery; Faulty and substandard investigative procedures [avoidance of exculpatory information]; substandard undercover tactics; failure to adhere to national standards and procedures in reporting. Testimony at trial EDNY Federal Court, Brooklyn, New York. {not guilty verdict by jury]. US v Assets/Boultinghouse, Attorney Richard Barnett, San Diego, 10/8/03, by affidavit to Federal Court, San Diego, Substandard and insufficient investigation to link assets seized as proceeds of drug trafficking. Failure to adhere to national standards and procedures in documentation of assets as "proceeds of narcotics trafficking"; substandard investigative tactics [avoidance of exculpatory information]; prejudicial and substandard "expert" interpretation of facts. By affidavit. [ruling favorable to client]. Attorney Richard Barnett, San Diego, CA. VILLAREAL V US. Issues identified in preliminary expert witness report: Unlawful use of Deadly Force by DEA agents in the shooting of Ashley Villareal. San Antonio Federal Court. Attorney: Maloney & Maloney. [matter pending] WA v ATIF RAFAY & SEBASTIAN BURNS, Attorney Veronica Freitas. Seattle, Washington. Triple Homicide. Issues: failure to adhere to national standards and training in the planning and execution of elaborate undercover sting operation targeting confessions; coerced and involuntary undercover confessions; substandard investigation [avoidance of exculpatory]; police misconduct; perjured testimony; substandard reporting; substandard and coercive interview tactics; substandard reporting; and more. By Summary report. Attorney, Veronica Freitas, Seattle Public Defenders. [Judge ruled against expert testimony; subjects convicted after 6 months trial; appeals pending] CADENHEAD v City of Costa Mesa CA [and police department]. Issues identified in Expert Witness Report: excessive use of force; substandard stop and search tactics; violations of national standards of conduct for law enforcement; inferred violations of standards of hiring practices; substandard and possibly corrupt reporting practices; and more. By expert witness report. Attorney Joseph Hawkins Low, Newport Beach, CA. [Report Submitted -Trial date pending]. US v Theresa and Michael Kebles, Denver, Colorado. Issues Identifiedin Preliminary Expert Witness report: substandard informant handling; substandard undercover tactics; entrapment, prosecutorial misconduct, corruption on part of DEA investigators. Summary findings report. Attorneys, Ken Eichner [Denver] and Ron Richards [Beverly Hills, CA]. [Trial date pending]. CROWN V MIHAYLOV, London, England. Issues: Informant handling, international smuggling, money laundering, conspiracy, informant testimony, investigative procedures. Attorneys, Lewis NEDAS & Co. London, England. Preliminary expert report filed indicative of previously mentioned findings. [Favorable plea agreement reached on basis of expert report]. State of GA v Ward: Use of Deadly Force; police involved shooting resulting in death of teenaged subject, investigative file review and use of Deadly force. Client: Client: District Attorney's office Fulton County Georgia. Inappropriate use of Deadly Force {manslaughter], indications of perjured statements, cover-up and other police misconduct, substandard investigative and report writing procedures. (Phyllis Clerk, Assistant District Attorney). Preliminary report submitted, case pending. White v SWISHER COUNTY, TEXAS, et al. Issues: Undercover operations, narcotic investigative procedures, Police Corruption, Prosecutorial misconduct, identified in Expert Witness Report. Attorneys Hogan & Hartson, Wash. DC. [civil, settled for $6.5 million in damages]. US v DOROTHY HENRY, Issues: Informant testimony; practices and mores of international drug couriers; investigative procedures; international drug trafficking involving African nationals; etc. Public Defenders Office, Washington DC, Attorney Tony Miles. HOLLEMAN v Arkansas. Issues; Illegal use of force; Falsified reporting; corruption, etc. Attonrey: John Holleman, Little Rock Arkansas. Preliminary report submitted, indicating unlawful use of deadly force, prejudiced investigation by Internal affairs, etc. - matter pending. State of California v Franklin Diblasi. Defendant arrested after state parole search uncovers 3 lbs of marijuana. Faces 3rd strike, indictment charging him with possession with intent to distribute, money laundering and state tax evasion. Issues: substandard financial and narcotic investigation [avoidance of exculpatory]; prejudicial and substandard reporting; prejudicial and substandard "expert" interpretation of facts; and more. Expert Report. Attorney S.David Nick, San Francisco. {Not guilty verdicts, July 04, CA supreme Court, Judge Joy Allegro] US v BARAHONA, et al. Issues: Investigative procedures; practices and mores of drug traffickers; use of coercion by drug trafficers; Colombian cocaine trafficking. San Diego Federal Court. Attorney, Andrew Nietor, Federal Public Defenders Office and Steve White, San Diego. Testify at retrial, August, 04-first trial in May, 04 ended in hung jury. US v BANK HAI KHONG, et al: Issues: Criminal Braggadocio and DEA misrepresentation and exaggeration of case and defendant's role in order to merit OCDETF funding. Judge White disallows all testimony in this regard, which may be appealed. Allows testimony that, in my opinion, all KHONG'S statements to undercover officers and on wiretaps were boasting of things he could not, in actuality, accomplish. {Criminal Braggadocio). US Federal Court, San Jose, CA. November 14, 2004. KAMADIA ats YORK PROVINCIAL POLICE (Canada): represented police department in a case involving the shooting death of a car-jacker during an undercover takedown. Japan v (Name withheld on request). [Japan] Issues: Blind Mule claim of defense that defendant, a Candian citizen, arrested at Narita Airport, Tokyo, was unaware that he was carrying marijuana in coffee cans. By affidavit. Case pending. Attorney, Ken Westlake, Vancouver, BD. YORK REGIONAL POLICE, WISCHE, ATS KAMADIA [Canada]. Issues: whether or not police acted reasonably during undercover operation aimed at arresting FARAZ SULEMAN that resulted in the killing of Mr. SULEMAN. Expert Witness Report and affidavit filed in favor of the police. CHAVEZ v State of Texas. Issues: civil law suit involving substandard narcotic investigative tactics, corruption, prosecutorial misconduct, etc; substandard supervisory performance; endemic corruption in overall narcotic enforcement programs, Dallas, Texas, resulting in the illegal incarceration of plaintiff and others. Attorney Marc Lenahan, San Antonio, Texas. State of CT v MISH. Issues: Informant entrapment; Informant Sentencing Enhancement Entrapment; Substandard Informant Controls and Corroboration. Attorney Dennis McDonough, Bethel CT. BELCHER v Mass State Police. Issues: Use of Deadly Force in shooting death of fleeing suspect; Substandard Investigative Procedures and Practices; Police Misconduct. Attorney, Robert Doyle, Boston MA. US v MARTINEZ. Issues: Blind Mule transportation of cocaine as a favor for uncle. San Jose Public Defenders Office. US IMNS v BEZPALO Issues: weights and packaging of marijuana possessed by client, as grounds for deportation. Attorney Eliza Grimberg, Brooklyn, New York. US v Robert RHODES, Issues: Use of force by Homeland Security officer in the restraint of woman taking photos in NO-PHOTO zone, who refused his lawful orders and instead fled and resisted apprehension. Attorney Steve Cohen, Buffalo, NY. |
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