Castillo: The Ultimate Betrayal: Drugwar.com

Castillo: The Ultimate Betrayal

How To Use the Justice Department's Agents Manual to Defend In Court Against Dishonest Agents
Picture a society where the government employs thousands of its citizens to inform on their friends, family members and business associates; where tens of millions of dollars in government funds are spent annually paying those who inform; where police can obtain warrants to search and seize private property based on reports from hidden sources; where the only way to win early release from prison is to tell stories about others. This is done as informants exert growing control over agents and judges fail to impose any checks or balances. Welcome to the United States, 1999.

Emphatically and without equivocation, outgoing Inspector General Michael Bromwich was correct when he made his recommendation that an outside office be established to serve as a permanent watchdog for the FBI and the DEA. He further stated that outside monitoring "has a greater deterrent effect, and has more credibility with he public than the FBI and DEA policing themselves." He is also correct in his findings that abuses by informants and law enforcement threaten the rights and safety of innocent people, as well as the integrity of the courts. He is crystal clear when citing several cases where the government mishandled DNA evidence; the deadly mishandling of the Ruby Ridge and Mount Carmel standoffs in 1993; and the bungled investigation of the Atlanta Olympics bombing that resulted in the media crucifixion of the innocent Richard Jewell.

A few years ago I became an "Expert Witness" for the defense (including the Federal Public Defenders Office) on federal drug cases throughout the United States. My job is to research the Discovery/Bates material and determine if the DEA/FBI agents violated any of their agency's policies or procedures while conducting the case. Most defense attorneys attempt to make their case by targeting the credibility of informants. As I see it, federal agents are the foundation of their case. If you can prove "misconduct," the foundation will crack. In my experience, you can prove "misconduct" on the informant and still lose the case. However, in just about every case I came across, it was revealed that both the agents and informants had applied some "misconduct" in their reports and in their grand jury testimony.

That's right - informants are required to submit their own handwritten Informant Statement when debriefed by the agent, as per Agents Manual. When an allegation is made of misconduct, the defense then has the "probable cause" to request the agent's file from The Office of Professional Responsibility (Internal Affairs) to support their case. The Department of Justice will fight hard to suppress this request. But judges have complied with this request and even gone a step further by entering the Agents Manual as an exhibit (Eleuterio Garcia v US). This also makes it easier to show that there was the possibility of "entrapment" (Sahadi v US). The hunter now becomes the hunted. When hunted down and captured, the findings may result in termination of the agent, but more often will result in a "politically connected" slap on the wrist.

The Chief of the Criminal Division in the Reagan Justice Department, now a judge on the 9th US Circuit Court of Appeals, offers this chilling warning in lectures to federal prosecutors: "Criminals are likely to say and do almost anything to get what they want, especially when what they want is to get out of trouble with the law." Judge Stephen S. Trott continues, "This willingness to do anything includes not only truthfully spilling the beans on friends and relatives, but also lying, committing perjury, manufacturing evidence, soliciting others to corroborate their lies with more lies, and double-crossing anyone with whom they come into contact, including - and especially - the prosecutor."

The second atrocity occurs when a massive cover-up is initiated by the higher up in the agencies (FBI at Ruby Ridge-Randy Weaver, and Mount Carmel-Waco). For the first time, thanks to the latest revelation concerning the FBI at Waco, it is probable that several federal agents will be incarcerated or forced to take early retirement for giving "false statements" to Justice. So, as they said in Vietnam, "tag 'em and bag 'em."

For several years I have been lecturing that we should "incarcerate the criminals within our own government." Danny O. Coulson, the retired FBI assistant deputy director who recently alleged that the FBI used pyrotechnic shells at Waco, states, "We have an obligation to tell the truth." The body count is high and the American people get angry when they feel they are being deceived. But it is more upsetting when the bad guys are agencies they can no longer trust, such as the FBI, CIA and DEA.

In closing, I will cite a high profile case in California where a senior undercover agent has just committed perjury in his grand jury testimony (I don't think he knows that his misconduct has been discovered). The perjury was discovered when an Expert Witness revealed that the agent had violated a particular section of the Agents Manual. The agent probably thought he could continue to violate this policy because no one would know where to look. To make matters worse, in the New York side of the case, the group supervisor had previously been suspended for paying a US fugitive, in a foreign country, as a documented informant when the individual was not. This is a major reason why all OPR files should be available to the defense especially in high profile cases. This is where a permanent watchdog needs to be, to "protect the interest of the people, rather than of the government."

All of this information is contained in court records, accessible by reporters, investigators and the general public. Greater investigation of "the people's documents" needs to replace total reliance on government spokesmen.

And finally, whenever a group of individuals who are beyond any investigation, and can manipulate the press, judges and members of Congress, you're always going to have those "above the law." We, the people, need to protect our God given rights. As they say, "if you speak, they will come."

Gestapos of "Operation Impunity"

December 3, 1999: Here we go again! What does Ruby Ridge, Waco, Atlanta’s Richard Jewell and, fresh out of the oven, the Department of Justice's "Operation Impunity," have in common? CIVIL RIGHTS VIOLATIONS !!! "Operation Impunity" has been, for the past few months, in the national news. It was showboated by none other then Atty. Gen. Jenet Reno. She enlightened us by telling us how the US Government dismantled, "From top to bottom" the operation of the notorious late drug trafficker Amado Carillo Fuentes. This 18 month investigation, if the allegations are founded, has the possibility of self destruction before the case is prosecuted. I will explain in detail, but first let me refresh your memory.

A few months back, I submitted an article (letter to the editor) regarding "The Rules of Engagement" of and by federal agents on the so call "war on drugs". At that time, outgoing Inspector General Michael Brownswick recommended that a permanent watchdog for the FBI and the DEA be initiated. Some asked why. One of the reasons he gave was the continuing abuse by the federal agents. And this is what brings this story to light. First and foremost, let me remind you that these are allegations made by the individuals who claim that their civil rights were violated by the DEA and FBI on Aug. 12, 1999. I find myself writing this story after obtaining signed statements from the complainants. Hopefully these allegations will be properly investigation by an outside agency. Even then, no promises are made because as we all know to what extent the government goes to cover up their mistakes. However, do give credit to these allegations, I know for a fact that at lease one of the agents involved in these allegations has in the past been "under the scope". Because, it is highly probable that civil rights violations may be filed in the near future, I have chosen not to utilize the real names of the individuals that claimed that their civil rights were violated.

Again, I do not wish to prosecute this case in the media, but I find that it's of great importance to continue to educate the public on how these arms of the government enforce their Gestapo's tactics on our citizens. As we all know, there is a consistency of evidence to show that these allegation are not new to our judicial system. It all started in the early dawn hours of August 12, 1999. It was approximately 5:00 am, when federal agents raided a residence in Donna, Texas. The owner of the residence, Mr. Jose Citizen Sr. confronted the agents at the door with, "May I help you?". It is alleged that Special Agent Gestapo asked, "Are you Mr. Jose Citizen.? which Mr. Citizen replied, "Yes, I am". Agent Gastapo advised Mr. Citizen Sr. that he had in his possession a federal arrest warrant for him and a warrant to search the house. He then placed Mr. Citizen Sr. under arrest and instructed him to get dress.

Note: I feel that, at this time, it is necessary to give you some back ground of Mr. Jose Citizen Sr. He is 79 years of age and a WWII veteran who proudly served his country above and beyond the call of duty. Furthermore, he has had major heart surgery (triple by pass). But most important, the fact of the matter is that he had never been in trouble with the law. By this time, there were several agents inside the residence which included a female agent. Mr. Citizen Sr. proceeded to ask agent Gestapo what were the charges against him. No one responded to Mr. Jose Citizen Sr.'s question. The search of the residence was then initiated without displaying any kind of search or arrest warrant.

Note: An arrest is to deprive a person of his liberty by legal authority and take him/her into custody for the purpose of holding or detaining him to answer a criminal demand. Mr. Citizen was never told why he was arrested. An arrest warrant is a written order of the court which is made on behalf of the state, or United States, and is based on a complaint (accompanied by an affidavit or affidavits stating that there is probable cause to believe that an offense has been committed) issued pursuant to statute and/or court rule and which commands law enforcement officers to arrest a person and bring him before magistrate. There was never an arrest warrant issued for Mr. Citizen Sr.

Form: The warrant shall be signed by the magistrate and shall contain the name of the defendant or, if his name is unknown, any name (or) description by which he can be identified with reasonable certainty. It shall describe the offense charged in the complaint. It shall command that the defendant be arrested and brought before the nearest available magistrate. Agent Gestapo, was then asked by Mr. Citizen’s daughter, if he was sure that he had arrested the right individual. Agent Gestapo looked into his folder and stated, "Without any doubt, the warrant is for your father." The daughter then asked to see the arrest and the search warrant. Agent Gestapo refused to display the warrants. She then asked if she could make a telephone call to a relative. She was advised that she could call anyone she wanted. She proceeded to called her brother, a Border Patrol Agent. She advised her brother that DEA and FBI agents were at her residence arresting their father. The brother instructed her to make absolutely sure that the arrest warrant was for her father. Again she asked agent Gestapo to verify that the arrest warrant was for her father and again he replied that it was. Then out of the blue, Agent Gestapo asked Mr. Citizen's daughter if they (the agents) could search the residence? She replied that they could because they had nothing to hide, but what was most important to her was knowing where her father was going to be taken and why he was being arrested. All this was done after the agents had already searched the house.

Note: Please! never! never! give any law enforcement officer permission to search you house or car without a search warrant. If they don't have a search warrant, it's probably because they don't have probable cause. Remember if you do give consent, anything they find (contraband) can be used against you. You don't know who's been in your house or in your car.

She was now getting very upset and demanded to see the arrest warrant which again she was denied. By this time, agent Gestapo was starting to ask several questions about her other brother, Jose Citizen Jr. She now suspected that the warrant that agent Gestapo had was for her brother, Mr. Jose Citizen Jr. Another agent stated that during the course of their investigation they had surveillance on her brother, Mr. Jose Citizen Jr., and on several occasions had followed him to their house. Ms. Citizen stated that if they had in fact been following him, they would have known that her brother did not reside with them.

Agent Gestapo then asked her if there were any suitcases in the house, to which Ms. Citizen replied that there were, since her sister’s job required traveling. Another agent then came inside the house and asked who resided in the little house behind the main house. She stated that no one lived there. The agent then proceeded towards the little house. It was now obvious to the Citizens that the agents in fact did not have an arrest warrant for her father or a search warrant for the house. Agent Gestapo (probably trying to cover his tracks) excused himself and stated that he would return within a few minutes. Agent Gestapo returned with a DEA form 88 "Consent To Search" and several DEA evidence clear plastic bags. He then instructed Ms. Citizen to sign the Consent to Search form. Ms. Citizen emphatically refused to sign the form and instructed the other three members of her family not to sign it.

At this time, "out of left field" as they say, Agent Gestapo stated in front of everyone that he had just discovered that "He had just made a very crucial mistake and arrested the wrong person." He stated that the person that they were looking for was Mr. Jose Citizen Jr. Agent Gestapo then finalized his performance by placing his hand over his forehead and stated, "Oh, I’m sorry I’ve made a mistake and arrested the wrong person." With that said, all agents hurriedly exited the residence, leaving behind the consent form and the evidence clear plastic bags.

A massive cover-up was then initiated. The following day, a DEA supervisor arrived at the residence. The supervisor stated that he was the individual responsible for ordering the raid of their home. He further admitted that the agents had arrested the wrong individual. The supervisor apologized for the mistakes. Ms. Citizen stated that she wanted to talk to agent Gestapo. The supervisor advised her that agent Gestapo was out of the country and could not be interrupted. Ms. Citizen then asked if she could audio record her conversation with the supervisor. The supervisor stated that it was against the law, "To record the law." The supervisor requested Ms. Citizen to contact her brother (Citizen Jr.) and advise him that he was the agent who had seized his money and needed to talk to him (yea! right).

The supervisor then commented in front of Mrs. Citizen Sr. that Mr. Citizen Jr. had been in prison before. This comment upset the elder Mrs. Citizen because she knew her son had never been arrested or been in prison. Ms. Citizen stated that she needed to go to the DEA and FBI office to complain because too many mistakes were committed by the agents. Shortly after that, Ms. Citizen paged the supervisor and received the return call from the supervisor. Ms. Citizen requested a copy of the search warrant. The supervisor stated that the agents did not have a search warrant to search the house. Again, the supervisor apologized for the mistakes.

Note: The 4th Amendment states that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. What constitutes a false arrest? An officer or agent of the law can not be charged with false arrest even is he or she arrests the wrong individual. However, the officer or agent can be charged with violating an individual's Constitutional Civil Rights, if in fact, the officer or agent knew that the individual that was being arrested was innocent and maliciously continued to conduct the arrest. An arrest without proper legal authority is false arrest, and because an arrest restrains the liberty of a person it is also false imprisonment. If the allegations are founded, there were serious procedures that were violated by the agents.

The two primary investigative arms of the Justice Department--DEA and FBI--each have their own agents’ manuals. These manuals contain strict guidelines and reporting requirements for serving an arrest and search warrants. Note: The guidelines mandate that there be a pre-raid briefing prior to executing a search or arrest warrant. Warrants must specifically describe "The place to be searched and the persons or things to be seized." During the briefing, prior to the execution of the arrest or search warrant, all agents who participate in the raid study the arrest package which includes photos of the individual who is to be arrested or the place that is to be searched. Most important there is a description of the individual, which includes a date of birth. In DEA cases, you would have a DEA-202 form (Personal History) which has the vital information of a person. Again, this is done to protect all individuals. When a search warrant is executed a copy of the warrant is left at the location that had been searched with an itemized list of the items that were seized. The warrant is then returned to the court.

The following is my opinion as to what might really have happened. First, the agents had an arrest warrant for Mr. Jose Citizen Jr. It was evident that they had been looking for him and could not locate him. So, the agents decided to raid Mr. Jose Citizen Sr.'s residence with the pretext of looking for their son. They then decided to squeeze the family by arresting the father knowing that he had nothing to do with the charges. While at the residence the agents decided, as they say,to " kill two birds with one stone" by conducting an illegal search for money and other evidence. When the agents realized that several members of the family were educated (one being a federal agent), they decided to cut their loses and try to legalize their search by having them sign the Consent to Search form. When that failed, they hurriedly exited the residence, leaving behind their Consent to Search form and the evidence envelopes. The following day the agents send in their "Fixer" (the DEA supervisor) in an attempt to clean their mass up. His job was to place a "Band Aid" on their mistakes to ease the pain on the family by claiming that they were very sorry for their mistakes, and "to take two aspirins and call him back is they needed anything". By the way, the following week, Mr. Jose Citizen Jr. turned himself into the agent's custody.

By the time this letter is published the agents should have already turned in their reports of the incident (they have 5 working days to do so). It will be interesting to see what was said in their report. Let's see how fast they can backpeddle, but I certainly hope it will be too late. The Department of Justice was correct when they stated, "That their investigation (Operation Impunity) is continuing and more arrests are pending." I bet that they never thought that the arrests might include federal agents for civil rights violations. I certainly hope that OPR (Office of Professional Conduct) [internal affairs] will be all over this. It's a start. I just wonder how many of those agents are willing to go to jail to cover up for the others.

I have the honor and privilege to bring this to you as a veteran of my third and perhaps most dangerous war, the war against the criminals in my own government.