This is the audio of the police interview with Ryan Frederick taken 30 minutes after the raid. It was played at Frederick’s trial yesterday.

Shouldn’t a prosecutor required to do even a bare bones investigation into the reliability of his witnesses?

More from Chesapeake this afternoon:

Jailhouse informant Jamal Skeeter’s credibility took more hits at the Ryan Frederick murder trial this morning, as a defense attorney introduced about 30 letters Skeeter wrote to various authorities offering his assistance in homicides, police shootings and even the Michael Vick dogfighting investigation.

Called back to the witness stand, Skeeter didn’t deny that he’s a “professional witness.” But he denied writing some of the letters, even though acknowledging they were in his handwriting with his name on the envelope…

When Skeeter entered the courtroom, he initially refused to answer any questions, saying his safety was in jeopardy. He also tried to order the removal of the media. The judge refused and ordered him to testify.

Over the weekend, I’ll put up a more thorough review of the last few days in the trial of Ryan Frederick, the Chesapeake, Virginia man charged with capital murder for shooting a police officer during a botched drug raid.

But here’s one item of note: Earlier this week, we heard the unlikely testimony of Steven Wright, the police informant in the case. Wright gave damning statements about buying marijuana from Frederick dozens of times over about a six month period, and state that Frederick threatened to kill both him in his family. Wright also admitted to both illegally breaking into Frederick’s home three days before the raid (to collect probable cause for the search warrant), and to lying to the police about said break-in for months. His testimony was not only harmful to Frederick, it helped assuage allegations that Chesapeake police officers were sending informants to break into private homes in order to look for evidence for search warrants.

Wright has been in jail since last October on several charges stemming from his theft and use of credit cards, including a charge of grand larceny. He was supposed to appear in court last December on those charges, but that appearance was delayed, rather conveniently, until two days after his testimony in Frederick’s trial.

Yesterday, Wright was released on bond. He still hasn’t been charged for breaking in to Frederick’s home, nor has he been charged for obstructing the investigation of Frederick and the raid by allegedly lying to police about the break-in for months.

Can we stop this nonsense where every time a snowflake lands on Al Gore, we laugh about how it proves he’s wrong about global warming?

There’s lots not to like about Al Gore. And while I’m generally convinced that the earth is getting warmer, I’m also skeptical that (1) it’s entirely man-made, (2) there’s much we can do it about, (3) even if we could marginally offset it, it would be worth the enormous costs, (4) anyone really knows what the consequences of it will be.

But “global warming” refers to average temperatures across the planet. “Climate change” is the more appropriate term to describe the broader phenomenon, which is a greenhouse gas-caused general disruption in the climate patterns we’re accustomed to. I don’t believe I’ve ever heard Al Gore or anyone else say “global warming” means every spot on earth will be hotter, all the time.

Gwinnett County, Georgia:

[Georgia Bureau of Investigation] spokesman John Bankhead said state agents along with Gwinnett and Hall County police narcotics officers had been keeping watch over a drug suspect’s home at 4237 DeJohns Way for about three weeks. Officers thought they saw the suspect enter the duplex around 2 p.m. Tuesday and moved to arrest him, Bankhead said.

A no-knock search warrant had already been obtained from a judge — allowing law enforcement to enter the suspect’s home without knocking or announcing their presence — because the duplex was in a known gang area, Bankhead said. However, the agents and officers mistakenly forced entry into a duplex adjacent to the suspect’s home.

No one was home at that unit, Bankhead said. The agents also banged on the door of the other unit in the same duplex, startling residents inside. Within minutes, Bankhead said the officers figured out that they were at the wrong building.

[...]

Jainet Rios, 25, a Home Depot supervisor, said she was at work when the officers came to her parents’ home. She said her parents, her two sisters ages 18 and 19, and the 19-year-old’s infant baby were terrified when drug investigators began yelling at them with their guns drawn. She said the incident especially shook up her mother, who suffers from bipolar disorder and was recently released from a psychiatric treatment facility.

It’s the second wrong-door raid in Gwinnett County in two months.

John Yoo writes in the Wall Street Journal that under Obama’s no torture policy…:

The CIA must now conduct interrogations according to the rules of the Army Field Manual, which prohibits coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America.

Except that the Army Field Manual does have a section describing a “Mutt and Jeff” routine. Media Matters reports that in 2006 Army deputy chief of staff for intelligence Lt. Gen. John Kimmons described the routine as . . . another name for “good cop-bad cop.”

I think I see what happened, here, and we should probably cut Yoo some slack. He probably just mistakenly wrote “good-cop bad-cop” when he actually meant to write, “good cop, crush-your-10-year-old-son’s-testicles-cop.”

It’s a pretty common mistake.

Also, the headline to this post might be the best one I’ve ever written. Or at least a close second to this one. This one’s a distant third.

Over at the poker forum Two Plus Two, pro poker player David Peat writes that he was essentially mugged by DEA agents at an airport in Toledo, Ohio Detroit, Michigan.

According to Peat, he and his girlfriend had originally planned to fly back to Las Vegas together after visiting her family. But after purchasing their tickets, Peat decided to fly to L.A. to play in a poker game. He bought a last minute, first-class ticket, and paid in cash.  That apparently was enough to set off red flags.

Peat says he was accosted by several DEA agents, who asked him questions about who he was and where he was going. He told them he was a poker player, and had $15,000 in cash in his pocket. They first let him go, but then chased him down, and told him he’d need to come with them for questioning. Peat says the agents then confiscated all of his money, as well as his $50,000 Rolex watch. He says they gave him a receipt, and told him to expect more information in the mail.

In a separate post, Peat concedes he had a few marijuana possession charges, but the most recent was more than eight years ago. He wasn’t arrested, and the agents didn’t tell him why they were taking his money. The reason for seizing it seems to be little more than he was traveling with a large amount of cash.

If Peat’s account of the incident is accurate, it certainly wouldn’t be unprecedented.

CORRECTION: I spoke with Peat tonight. He was staying in Toledo, but he flew out of Detroit. More later.

Big development in the Ryan Frederick trial today.

This morning, Frederick’s attorney, James Broccoletti, requested and was granted a recess after three attorneys contacted him last night with concerns about state’s witness Jamal Skeeter, a jailhouse snitch who testified on Tuesday.

According to local TV station WVEC, one of the attorneys was actually another prosecutor, Portsmouth Commonwealth’s Attorney Earle Mobley.

Broccoletti said Mobley told him Skeeter is well-known to prosecutors for giving false testimony and is considered a “professional witness.”

Ebert apparently told the court, “he did not realize Skeeter had questionable credibility.”

His long felony record and wholly implausible testimony didn’t give it away?

MORE: From the Virginian-Pilot:

A spokesman for Mobley said this morning that Portsmouth prosecutors had used Skeeter as a witness but stopped. The spokesman, Bill Prince, could not immediately identify what cases Skeeter testified in.

“We didn’t find him to be trustworthy. We felt an obligation to turn that over to the Chesapeake people,” Prince said this morning. “We got to the point where we wouldn’t use him anymore.”

To sit on such information, he said, would be “offensive.”

Mobley’s office also sent a letter last year to the Norfolk commonwealth’s attorney upon learning that Skeeter was scheduled to testify against a homicide suspect.

Norfolk did not use Skeeter as a witness.

You don’t often hear about one state’s attorney undermining another’s case in the midst of a trial. Mobley deserves a ton of credit, here.

Mayor Bloomberg fires the opening salvos of his next campaign to run your life:

The city’s plan is to get food manufacturers in the United States to agree to gradually start reducing salt content until it reaches a 50 percent cut in 10 years.

“Salt, when its high in the diet, increases the blood pressure and high blood pressure is a major factor for heart disease and stroke,” said Dr. Sonia Angell of NYC’s Cardiovascular Disease Prevention Program.

This is just Mayor Bloomberg’s latest health initiative, following on the heels of a smoking ban, a ban on trans fats and forcing restaurants to post the calorie contents.

[...]

Thomas Frieden, the city’s health commissioner, said he wants manufacturers and restaurants to join the war on salt voluntarily. If they don’t, the city could pass legislation making it the law.

That’s the roadmap they used for smoking and trans-fats.

Informant and jailhouse snitch testimony dominated yesterday’s proceedings at the Ryan Frederick trial. Frederick is the 28-year-old Chesapeake, Virginia man facing murder charges for killing a police officer during a drug raid (see this wiki for more on Frederick’s case). My prior coverage of his trial here.  Virginian-Pilot coverage of yesterday’s events here.  Coverage from the local libertarian blog Tidewater Liberty here.

The star for most of yesterday was Steven Wright, the informant who tipped police off to Frederick, and who illegally broke into Frederick’s home three nights before before the raid to obtain probable cause.

A few observations, before I excerpt from the Virginian-Pilot’s coverage of his testimony:

• The Virginian-Pilot article doesn’t mention it, but Wright was arrested a few days prior to the raid on charges of credit card theft and fraud. Those charges were dropped shortly after the raid, then reinstated months later, when Wright was arrested again. He was due to stand trial last month. Conveniently, his trial date was moved to tomorrow, two days after his testimony against Frederick.

• Wright’s portrayal of Frederick as a vengeful killer with a gangsta’ vibe runs contrary to everything I’ve heard about Frederick from neighbors, coworkers, and friends and family.

• According to Wright and the police detectives the state has put on the stand, Wright not only illegally broke into Frederick’s home, he lied to police about it for months, possibly compromising not only a drug investigation, but an investigation into the killing of a police officer. Yet he’s never been charged—not for the break-in, nor for lying about it for months.

Here’s the Virginian-Pilot’s account of Wrights testimony:

Ryan Frederick threatened to kill police informant Steven Rene Wright after learning that Wright broke into his garage and stole five marijuana plants, Wright testified at Frederick’s murder trial Tuesday.

“I had a week to turn myself in to him or he was going to go after my family,” Wright said from the witness stand. “He said he was going to… kill me if I didn’t come.”

[...]

Wright said he and a friend, Renaldo Turnbull Jr., broke into Frederick’s garage on Jan. 14, 2008, and stole five of about 10 plants growing in a sophisticated hydroponic tent. They then went to another friend’s house where they made a cell phone video of the plants.

The plants were never turned over to police, he said, but Frederick learned Wright took them and called with the threats.

Wright said he met Frederick earlier in 2007 while dating the sister of Frederick’s fiancee.

In the six to eight months prior to the raid, Wright said, he’d been to Frederick’s house at 932 Redstart Ave. 30 to 50 times; he saw the marijuana growing operation at almost every visit; and he smoked the drug with Frederick and others. He said Frederick even explained to him how the hydroponic system produced superior cannabis.

Wright said he became a police informant after seeking help from a drug dealer in an unrelated case who threatened him. He said police paid him $60 for information that led to the arrest of that dealer.

Despite being limited by the judge to testifying about one or two marijuana sales between November 2007 and the night of the raid, Wright blurted out that he bought marijuana from Frederick some 20 to 30 times throughout 2007.

Wright insists he was never asked by Chesapeake police to break into Frederick’s home. Rather, he said he did so voluntarily as part of a scheme he planned with several friends. They’d steal half the plants, then leave the other half for the police to find after Wright tipped them off. The problem for the prosecution, here, is that in order to believe Wright’s testimony, they’ll also have to accept his own testimony that he’s a habitual liar who routinely spins out falsehoods when it’s in his interest.

The state then called Jamal Skeeter, a jailhouse snitch with a long felony record.  From the Tidewater Liberty blog:

Mr. Skeeter said that he had been in the Chesapeake jail for a period of about 10 days in June of 2008. He had been brought here from the Correctional facility at Lawrenceville, where he was serving a 14 year sentence. He was here to testify as a witness in another case.

He wore red coveralls, indicating that he is in solitary confinement. (Mr. Frederick has been in solitary confinement throughout his entire stay at the jail). He said that in June he was in the gym (on his one hour daily “break”) when “someone” pointed Mr. Frederick out (thru a glass door) as “the guy who shot a policeman.” Mr. Skeeter somehow arranged to speak to Mr. Frederick (through a glass door) and that Mr. Frederick immediately “broke out in a story” saying that he knew he was shooting a cop, but that he was trying to get off on self-defense.

[...]

He said Mr. Frederick told him that he was high when the police got to his house, and that he had hollow points in his gun. When asked about Mr. Frederick’s demeanor, Mr. Skeeter said he “was trying to be a gangsta” and didn’t seem sorry for what he had done.

[...]

Mr. Skeeter claimed that he has made no deal with anyone, and that he’s doing this (testifying against Mr. Frederick) for Det Shivers family because “it ain’t right.”

To sum, the career felon Mr. Skeeter took interest in Frederick after “someone” told him Frederick shot a cop. In their first conversation, through a glass door, during an hour-long break in the jail’s gym, Frederick apparently confessed everything to Mr. Skeeter.  Skeeter, the felon, then contacted prosecutors, not to get time off his own sentence, but because of the overwhelming sense of empathy he felt for the dead cop’s family, and because Frederick’s confession violated his own personal sense of right and wrong.

Sure.  Sounds plausible.

The state then called jailhouse informant Lamont Malone, who is serving time for seven different felonies.  Malone has already testified once against someone else, resulting in a reduction in his sentence from life to about 19 years.

Again from Tidewater Liberty:

He said he is currently in the Chesapeake jail (he has also been in Suffolk and Portsmouth), and has “gotten to know” Mr. Frederick. He said Mr. Frederick’s jailhouse nickname is “Calvin.” He said that Mr. Frederick calls his gun “Roscoe” and that Mr. Frederick shot the police after they kicked in his door because he “panicked” and “had to get rid of his product.” He said that Mr. Frederick told him that he grew “Hydro” and that he had to get rid of his plants. He didn’t say how he did this.

He said that Mr. Frederick told him that he wanted to keep his case in Chesapeake because of the support, and that he expects that his lawyer is going to get him off.. He said that Mr. Frederick has expressed no remorse.

[...]

He said that Mr. Frederick makes unkind comments about Mrs. Shivers, and that he doesn’t seem sorry for what he did. He said that Mr. Frederick has been “laughing it up” with another prisoner, who is facing similar charges.

Laying it on thick, aren’t they?

When weighing yesterday’s testimony against Frederick’s story, it’s probably useful to remember that Frederick had no prior criminal record, and had a full-time job that required him to get up early in the morning (with kind words from his employers). Friends and neighbors described him to me last year as a shy, introverted guy who smoked pot recreationally.

It’ll be interesting to see if Renaldo Turnbull gets called to testify, and what his testimony might look like if he does.

Paul Krugman wrote in a recent New York Times columnist that any economist opposing the pending stimulus package is a “dishonest flack.” Cato found 200 economists–three of them Nobel laureates–who disagree.

…that’s the topic of my Fox column this week.

The Supreme Court has unanimously overruled the Ninth Circuit in the case of Van de Kamp v. Goldstein, and broadened absolute prosecutorial immunity to include district attorneys whose poor supervision of subordinates may result in wrongful convictions. I wrote about the case last April:

Last week, the U.S. Supreme Court agreed to hear the case of Thomas Goldstein, an ex-marine who was convicted of murdering his neighbor.

Goldstein served 24 years before his conviction was thrown out when the main witness against him was shown to have lied. That witness was a lifelong criminal who was given a deal on his own charges in exchange for testimony that Goldstein confessed to him in a jail cell. Goldstein alleges that the district attorney’s office that prosecuted the case routinely used the testimony of so-called “jailhouse snitches” prosecutors knew or should have known weren’t reliable.

Goldstein’s case is unusual because he’s not suing the prosecutor who convicted him, but John Van de Camp, the district attorney who supervised that prosecutor. The U.S. Court of Appeals for the Ninth Circuit has allowed Goldstein’s case to go forward, causing the U.S. Supreme Court to agree to hear it.

This isn’t terribly surprising, but it’s too bad. All the incentives for prosecutors right now point toward winning convictions. There’s very little to hold them accountable when they go too far.

Currently, even if a prosecutor knowingly withholds exculpatory evidence in a case that results in a wrongful conviction, he can’t be sued.

Ryan Frederick is the 28-year-old Chesapeake, Virginia man facing murder charges for killing a police officer during a drug raid (see this wiki for more on Frederick’s case). Prior coverage of his trial here.

(Note: My analysis of the trial is based on coverage by the Virginian-Pilot and by local blogger Don Tabor.)

On Friday, the jury heard more testimony police officers who were on the raid. It’s notable that the testimony from the various officers varied about which and how many announcements individual officers heard. One officer who was with the second raid team that hit Frederick’s garage, for example, says he only heard one announcement, from a female officer. This, even though he was outside with the other raid team, only a short distance away. Frederick, meanwhile, was sleeping, separated from the officers by walls, and distracted by barking dogs and likely his own paranoia from having just been burglarized.

The second raid team was also slowed down by a fence, and entered the garage after the other team began taking down Frederick’s door.  That means the garage raid team’s announcements wouldn’t have been a factor in determining whether or no Frederick should have known the people invading his home were police.

One thing I neglected to mention from Thursday’s proceedings that’s worth rehashing: Just as they did at a preliminary hearing last March, the police again said they moved to break into Frederick’s home after one officer peered through a window and saw a moving human figure. If the purpose of the knock-and-announce requirement is to give the home’s occupant time to answer the door and avoid a violent confrontation, a figure moving toward the door shouldn’t be a reason to commence with the battering ram. Doing so renders moot the whole point of knock-and-announce. If the cops see you move to answer the door, they invade because you’ve blown their cover.  Of course if you don’t answer the door, they’ll also be taking down your door.

The other two notable items from Friday involved more shenanigans from the prosecution. During opening statements, prosecutor James Willett told the jury Frederick was “stoned out of his mind,” and “in a blind rage” when he shot Det. Jarrod Shivers the night of the raid.

During his own opening, Frederick attorney James Broccoletti showed video of an interview with CPD Det. Edward Winkelspecht, who said Frederick didn’t appear high after his arrest. Despite the fact that his name was on the prosecution’s witness list, when Broccoletti said in court Friday that he’d like to hear from Det. Winkelspecht, the Virginian-Pilot reports,

“…prosecutors told Judge Marjorie T. Arrington that the officer was unavailable to testify because he was in Georgia for training and was expected to be there for weeks, if not months.”

Seems odd that the prosecution wouldn’t have ensured that such an important witness would be around for questioning—or, if you’re sufficiently cynical, it isn’t odd at all.

At Broccoletti’s request, the judge compelled the officer to come back. Det. Winkelspecht then testified today that Frederick was coherent and responsive the night of the raid, that his eyes weren’t bloodshot, and that he had no concerns about Frederick not understanding or comprehending his rights. The police also apparently either didn’t give Frederick a drug test, or they did and the results either weren’t positive or weren’t conclusive.

All of which means Willett had zero evidence for the “stoned out of his mind” and “blind rage” description of Frederick he made to jurors in his opening statement. I’m not sure what Broccoletti can do about that, other than to remind the jury during his closing, and to take note of it all for the appeal should Frederick be convicted

The other major detail from Friday involves a videotaped reenactment of the raid conducted by police and prosecutors that the state has fought vigorously to keep the defense from seeing. From Tabor’s report:

Though the video was the product of a search warrant, the prosecution has maintained it was an internal ‘work product’ of the prosecution crafted to help them develop their theory of the case and not subject to discovery by the defense. They admitted that the defense was entitled to any measurements, drawings, photos or graphs resulting from the search, but not the video. But they also claimed they made no measurements, photos or drawings, only the video.

The problem is that the prosecution then entered a still from the video into evidence, which one of Frederick’s attorneys noticed included a string used to measure the trajectory of the fatal bullet. That’s pretty clearly a measurement, which means the prosecution wasn’t telling the truth about what’s in the video, and hasn’t given the defense all of the evidence it’s required to turn over. The judge ruled that the defense be allowed to view the video, and ordered the prosecution to look again to be sure it wasn’t holding any evidence that could be relevant to Frederick’s lawyers.

According to the Virginian-Pilot, the police also revealed today what they found in Frederick’s home—lights, tubing, and some books about growing marijuana. None of those things are illegal, though they do indicate—as Broccoletti conceded in his opening statement—that Frederick was likely growing marijuana. Broccoletti told the jury Frederick grew solely for his own use, and so far the prosecution has provided no evidence of selling or distribution. The police found no plants in the house or garage on the night of the raid, but did find misdemeanor amount of dried marijuana. Still, it looks like this will all boil down to whether this jury can look at the holes in the state’s case long enough to get beyond “growing pot + shot a cop.”

The jury was supposed to view Frederick’s home this afternoon (over the objections of the prosecution), but that visit was cancelled. The reports I’ve seen don’t say why.

The last line of William Kristol’s latest NY Times column:

This is William Kristol’s last column.

Here’s hoping the waning influence of neoconservatism is long and, and for neocons themselves, dispiriting. For too long, the debate in Washington has been between big government liberals and big government conservatives.

You know what would be great? If the Times could find a genuine advocate of limited government (or at least a bona-fide civil libertarian) to take Kristol’s place.

It’s the cover story from the current issue of Reason, detailing the next financial calamity: the crash of pension funds.

To make it more aggravating, the funds are going to go down especially hard thanks to “socially conscious” investing, which generally means fund assets have been put into investments that match the politics of fund managers, instead of the investments most likely to yield the best returns.

When the funds fail, then, Congress is going to force you and I to bail them out. Watch, then, as fund manager and do-gooder politicians then see the federal bailout money as a golden opportunity to . . . engage in some socially-conscious investing.

When I was discussing all of this with a friend the other night, he asked if there’s any way to make some money shorting, for example, the California Public Employees’ Retirement System. I have no idea. Anyone know?

The Agitatrix and I will be spending a weekend in Philadelphia next week.

We have tickets to see Lyle Lovett and John Hiatt one night. But any reader ideas for restaurants, neighborhoods to see, good spots for photography, etc., would be swell.

You all usually come up with some terrific ideas. Thanks!

Agitator pal Pete Eyre reports an Arlington, Virginia police officer parked in a no parking zone. The officer then follows Eyre as he walks home. Incidentally, it’s perfectly legal to open carry in Virginia. So the officer’s claim that that’s why he was following Eyre doesn’t fly.

Via J.D. Tuccille, who notes a couple other recent examples of police getting special treatment.