Custody Informant Program
Integrity without compromise, Service above self, Professionalism in
the performance of duty, Vigilance in safeguarding our community.

Assertions
• Eliciting statements from charged and
represented defendants violating Massiah
• Brady violations
• Unchecked custodial informant program
• Lack of documentation and or record keeping
• Discovery Request responses hindering due
process

Past Practice
Note: information was not provided by those who testified during the hearing

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Arranged inmate/informant movement to garner information
to bolster cases for various agencies
• Handled informants internally by gathering notes and sharing
w/DA without creating a file
• Minimal documentation of informant work product (notes
only)
• Minimal records or notations related to informant activity

Past Practice

continued

Note: information was not provided by those who testified during the hearing

• In specific cases (noted in DeKraai hearing) it appears DA
was aware of informant activity and supported
operations. Deputies handling informants lacked training
and understanding of case law
• Records which are kept are not well organized
– Ad Seg and PC inmates some of whom have been
sources of information

Moving Forward
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Department policy
CCOM policy
Spec Ops created an outside agency agreement
Documentation procedures developed and include
Training to all classification staff included
– Confidential Informants and 6th amendment

• Course also developed for all personnel
• Improved coordination with subpoena desk and DA
– Discovery protocol developed

Moving Forward
• All informant activities will be documented including
work product, movement, notes, and items to DA
• Record keeping will be electronic with a file created
for all ongoing activity for specific sources of
information (in collaboration with investigations).
• Continuous training of assigned personnel.

Questions