Kathryn Johnston Updates

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Flyboy

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http://www.theagitator.com/archives/027306.php#027306
(Yes, I know the source is of marginal credibility; see also: http://www.ajc.com/metro/content/metro/atlanta/stories/2006/12/07/1208metsearch.html, upon which this article is based).
The credibility of the narcotics officers in the Johnston raid just took another hit:

It was Fabian Sheats' third felony drug arrest in four months. But on the afternoon of Nov. 21, according to a police report, he was looking to curry favor, so he told officers they could find a kilogram of cocaine in a house at 933 Neal Street N.W.

That encounter led police to the home of Kathryn Johnston, an elderly woman who lived alone behind burglar bars and kept a rusty revolver. When officers burst into the house just three hours after talking to Sheats, a shootout ensued that left the woman dead and three officers wounded. No cocaine was found.

Sheats' arrest report, made public Thursday, sheds new light on why officers targeted Johnston's home.

Police say they used Sheats' tip to direct a confidential informant to the Neal Street house, where he made a drug buy, leading them to conduct the raid. A man named Alexis White later came forward to say he is a longtime informant and police asked him to lie after the shootings and say he bought drugs at the address. Police will not say who the informant was.

Just two hours passed between the time Sheats offered the tip and the time the police obtained the warrant. For us to believe what's written on that warrant, we would have to believe that police took Sheats' tip, called up White, brought him to the scene of the raid, had him conduct the buy, wrote up the warrants, got the magistrate's signature, assembled the raid team, then commenced the raid -- all in about three hours.

I'm pretty convinced at this point that Mr. White is telling the truth. The pieces fit together like this: This raid was conducted based on nothing more than a tip from Sheats, a convicted drug felon who was looking for leniency. For whatever reason, he sent police to Johnston's home. The narcotics officers then hid behind the anonymity courts afford to informants, and fabricated the stuff about the buy. They took a shortcut. When the raid went bad, they chased down an informant they'd used in the past -- White -- and asked him to lie to cover their asses, just as White says they did.

Even worse, it now looks like they were willing to intimidate him if he didn't cooperate. Consider this new wrinkle:

A tape of a 911 call released Thursday added a strange twist to the ever-changing tragedy.

On the tape, an insistent and anxious-sounding man identifying himself as White told an operator, "I have two cops chasing me. They're on the dirty side, two undercover officers."

[...]

On the 911 tape police released Thursday, White said he was waiting for agents from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to pick him up on Nov. 22 when he was approached by Atlanta police. He got into the car with them, he told the operator, but jumped out when he talked to federal agents by cellphone and they told him not to get into the squad car.

"They came and picked me up they asked me about that killing yesterday," White told the operator. "But, ah, they tryin' to play it off. So ATF told me 'Don't get in the car with them.' By that time then, I was already in the car with 'em."

The operator sounded incredulous. "OK, so you're calling the police to say the police are chasing you?" she asked.

"Listen to me," the frustrated White responded. "I don't know who's on whose side; they're playing dirty," he said. "There's a lot of stuff going on."

Crazy. If this call can be authenticated as White, we now know why he came forward. He was scared to death. And he probably had every reason to be. It'll also be interesting to see if federal investigators can verify the conversation he says they had with him as he was getting into the APD patrol car. And if so? Holy crap is **** going to go down in Atlanta.

Police in the article try to dismiss the apparent lack of time between the tip and the raid, adding that officers can work through the details over the radio, meaning trips back and forth to the police station weren't necessary. Of course, even if that's true, the fact remains that police conducted this raid based on, at worst, a tip only from a convicted felon, and at best, on the word of a confidential informant they now say is a liar. There's simply no way this no-knock warrant should have been granted.

Even if the slim window between tip and raid isn't enough to make us believe the informant over the narcotics officers it still makes the cops look pretty bad. It shows that they did no corroborating investigation whatsoever before breaking down this woman's door. There was no kilo of cocaine. There were no security cameras.

Of course, given that Officer Tesler has already been implicated in lying about a traffic accident he caused, and that the APD itself also lied early on about an undercover detective conducting the buy that led to the raid, the public would be wise to take everything Atlanta police say at this point with a heaping fistful of salt.
I'd add comments, but given that just about every sentence of the story seems to detail a significant foul-up on the part of Atlanta's vice squad, what's the point? I will say, though, that I never thought I'd see the day when the ATF was the good guy.
 
Wondered about that, since the FBI was noted as being involved.

Could be he used the wrong initials. Or could be there's some other reason that ATF would get involved.

Which does bring up the question, what else might have been going on with that unit if ATF is involved?
 
...Stranger than Fiction

I'm not saying this is all true, mind you.

But Nightcrawler couldn't write this stuff!

KISS principal says APD screwed the pooch.
 
How does one jump-out of a police car?

If two officers riding in one police car picked-up White, then I presume that White was seated in the back seat. Any inside door handles back there?
 
One thing I've noticed though...

Everyone is criticizing the APD, and rightly so, but if you read further, including some of the AJ-C articles Balko links to concerning the widespread granting of no-knock warrants, you have to wonder-

Why the hell is nobody calling the judges to account for rubber stamping whatever the cops put in front of them?

-------------
The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed -- where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees*. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.
-Judge Alex Kozinski, 9th Circuit, on the denial of en banc rehearing of Silviera v. Lockyer

Emphasis added.
 
Why the hell is nobody calling the judges to account for rubber stamping whatever the cops put in front of them?
An excellent question. Probably for the same reason that the President takes the heat for the gas prices: he's an easy, obvious target, and doesn't require any digging or research.

I agree, though: "checks and balances" only works when the Judiciary acts as a check on the Executive; right now, their monolithic behavior defeats the purpose of the system.
 
How does one jump-out of a police car?

If two officers riding in one police car picked-up White, then I presume that White was seated in the back seat. Any inside door handles back there?

Most plainclothed detectives here drive wnatever 4-door econobox cars the city or county purchasing division picked up. That means a lot of Sables and the like. Unless the detectives purposly set the child lock, the rear doors open from the inside. Needless to say, they're not often used for prisoner transport.
 
langenator said:
One thing I've noticed though...

Everyone is criticizing the APD, and rightly so, but if you read further, including some of the AJ-C articles Balko links to concerning the widespread granting of no-knock warrants, you have to wonder-

Why the hell is nobody calling the judges to account for rubber stamping whatever the cops put in front of them?

Somebody is. See Claire Wolfe's blog.

Relevant quote:
Claire Wolfe said:
The cops who planned that raid, and the judge who rubber-stamped their lies, should be put on trial for murder. Any of us would be, in similar circumstances. Remember the private "wrong-house raid" by bounty hunters that I parodied a few years back? Those bounty hunters were charged with murder -- and without anybody even having to think to hard about it.

http://www.clairewolfe.com/blog.html

Yeah, you got it.

Albert
 
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Actually, Balko asked some of the same questions. I just hadn't read far enough.

Seems that some of the problem is that judges have too many applications for warrants to read in not enough time (which tells me we need more judges). I'd also guess that most if not all of these judges are elected, and nobody wan'ts to be accused of being 'soft on crime' in an election because they actually make cops do their homework before they sign off on warrants.
 
He got into the car with them, he told the operator, but jumped out when he talked to federal agents by cellphone and they told him not to get into the squad car.

IF it's true that the ATF told him not to get in a police car, that is scary. But it does seem odd that he would call 911 to tell them this.
 
You know any situation's on the nightmarish side when the BATFE's the GOOD GUYS in the story!!!

As far as I'm concerned, if this plays out the way it seems that it will, the Felony Murder Rule should apply.

In theory at least, in Illinois the cops could get the DEATH PENALTY. Don't know how Georgia law works.
 
A three hour window to get a tip, get an informant together (why not an undercover cop!?), make a buy, get a warrant and bust the door in?

Oh hell no. I don't believe that for a moment.
 
Most plainclothed detectives here drive wnatever 4-door econobox cars
Most PC narcotics officers drive vehicles obtained in civil forfeitures in my experience. Granted that was in the early 80's. Haven't kept up on it - understand there was some reforms in 2000, but I'm thinking the boys still get their toys.
 
So is the story that the narcotics officers really wanted the bust, or that they really wanted the kilo of coke?
 
So is the story that the narcotics officers really wanted the bust, or that they really wanted the kilo of coke?

You question assumes a basic error about human nature. No reason they could not want both. Cops are no different than other human beings. They have the same foibles as all of us, and their motivations for doing things are just as varied as are our own.
 
What is scary, and I mean really scary is that this isn't the FIRST time this has happened. A "informant" gives up a name or address and the cops come in trying to do their job and it is a FUBAR.

Quit taking the "word" of criminals. I think law enforcement needs to get above board. Arrest criminals and quite striking deals. I don't care WHO or WHAT you know, we will get these guys eventually.
 
Hey, if we and the press keep calling for "immediate results" then simple expediency is going to lead to this kind of thing.

If we blame the cops because criminals actually manage to commit a few more crimes while the police are building a case the right way, we're going to get this kind of thing.

We can have good rights protection or we can have immediate results, I don't think we can have both.

Since I'm willing to take care of myself in general, I'll take the good police work over time.
 
Why the hell is nobody calling the judges to account for rubber stamping whatever the cops put in front of them?
Primarily because I've grown tired of being pretty much the only person who ever brings this up.
 
Aguila Blanca
"Primarily because I've grown tired of being pretty much the only person who ever brings this up."

I believe I raised this point much earlier, on another thread.
 
This situation is really only unique in that it had an outcome that the Atlanta PD is having a hard time scripting the way they want. The part about baseless raids based on unidentified informants with information that is dubious at best is a routine pehaps daily occurence.

It all departed from normal when instead of the usual raid outcome a scrappy old lady put up a fight against armed invaders who were assaulting her and her property. With zero time to actually think and plan, the raiding narcotic officers were forced to deal with the situation in the only way they could. Shoot. After the dust cleared and they realized how big the poodle they were s******g actually was damage control kicked in big time.

Mr. White was brought in to add justification to their lies. He has since discovered that lying for the local man has some significant health hazards.
Now the Feds will likely get involved. Lots of screamin shoutin and finger pointing. A few people may get demoted, transferred or perhaps offered an early retirement. Mr. White had better hope for witness protection, otherwise he is a real poor risk for a life insurance underwriter.

In the end. Some cash to the family courtesy of the taxpayers. Some wrists slapped. Maybe an officer or two at most losing a job. The odds of anyone actually being convicted of a crime or doing time? Very slim.
 
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