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July 27, 2007 - Drug War Chronicle (US)

First Amendment:

Freaked Out Feds Indict Pair For Posting Flyers Naming Snitch

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A federal grand jury in Philadelphia Tuesday indicted two people, an accused drug dealer and his girlfriend, for passing out flyers naming a confidential informant in his federal drug case as a snitch.

No law protects informants from having their identities made public, but federal prosecutors pushed -- and succeeded -- in this case for an indictment on witness intimidation and conspiracy charges.

The information on the flyers came from the Who's A Rat? web site, which lists information on more than 4,300 informants and 400 undercover officers.

US Attorney Patrick Meehan called the web site "the new enemy" of law enforcement and its snitches.

"It's a by-product of the stop-snitching culture that we should all find deeply disturbing," Meehan said at a news conference, and "has the potential to compromise countless prosecutions across the country."

Meehan conceded the web site is protected by the First Amendment, but decided to indict the pair anyway for trying to intimidate witnesses.

The two are Joseph Davis, currently serving a 17-year sentence for PCP trafficking, thanks in part to the informant targeted in the flyers, and his girlfriend, 24-year-old Adero Miwo.

Davis and the informant were both indicted in the PCP case, and the informant, known as "D.S." turned state's evidence and testified against Davis.

Davis and Miwo allegedly then distributed flyers naming D.S. as a snitch on windshields, utility poles, and mailboxes in the West Philadelphia neighborhood where he lived.

Relying on information posted on Who's A Rat, the pair produced flyers accusing him of informing and showing his photo, along with the following comment: "This guy is a drunk, and heavy weed smoker, and a recognized car thief among his peers. He is the one who needs to be taken off the streets," according to court documents.

Davis, who is already behind bars, faces up to another 10 years in prison, while Miwo faces up to three years.

Law enforcement authorities across the US have complained loudly that the "stop snitching" movement that has spread around the country is preventing them from solving crimes. Who's a Rat isn't helping, they complain.

Such web sites show a "profound lack of respect" for the legal system, complained JP Weis, head of the Philadelphia FBI office. "The warped message" on city streets, he said, "is that it's somehow worse to provide information about a crime than it is to actually commit a crime." And that, Weis said, is "mind-boggling."

Neither Weis nor Meehan addressed why there is a "profound lack of respect" for the legal system or what role the drug war, much of it built around coercing people into becoming informants, has to do with the situation.

Who's a Rat spokesman Chris Brown told the Philadelphia Inquirer that the web site posts public information submitted by others and is protected by the First Amendment. Brown said he "can't believe that someone got indicted for hanging a flyer" and that such publicity only "makes the site that much more popular."

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