2011
07.08

It never hurts to pay attention to the updates coming from the WINDOWS UPDATE PROGRAM, or any of the automatic update programs.


You may notice increasing number of failures to install properly.
You may notice you are getting an update which was released months ago.
You may notice you are getting more frequent updates that one would normally expect.
You may not notice and trust the existing Security Software to protect you.

One of the first things the developers of surveillance programs do is to disable the functions of your security and anti-virus oprograms. The good news is you NEVER detect another virus again when it does a scan. The Bad News, the program has modified the security settings and the program is no longer scanning for anything when it goes through the files. This will open the door to every virus program affecting your machine. Should you notice any suspicious activity, you will think you are scanning for something and fixing it. The Surveillance programs have the same auto update triggers. (AND IS LIKELY HIDING IN YOUR BIOS CHIP.) It’s going to let you get every virus that arrives.

On a good note, if your computer or network access gets affected by a real virus program, just leave the computer on overnight. You will likely wake to the problem being gone and all connectivity installed. This is because they need that connectivity to continue surveillance. They will fix these issues when they arise. PAY CLOSE ATTENTION TO IPv6. There is something very curious in the sneaky nature of the protocol. And, Bluetooth is being used to enable surveillance on computers and phones. When you find a surprise activation of BlueTooth, it’s time to start becoming suspicious.

If you check Windows Update regularly then you know the schedule and the pattern for the updates. When one shows up appearing late, back dated, you might not question it. Realistically, who would have the time to spend going thru the list and try to confirm the correct KB number and date for the updates. So the pattern to watch for is the frequent updates related to Security and Program Execution. You want to trust Microsoft, but you can’t be sure it is from them.

Once your machine has been hacked with the leading surveillance software programs, you can never be entirely certain you are ever getting to the real location you think. A clue to this will be web pages disappearing and being unavailable. A more remarkable cluee is for one or two pages on a major site to be in the wrong format or using the wrong colors and style sheet from the rest of the site. I have personally noticed this on Microsoft.com and McAfee.com, among others.

(Keep in mind you are also probably getting frequent updates to Flash, Adobe, and Printer Drivers.)

In order to protect the stealth qualities of the Surveillance program, the software will no longer let you really go to the Microsoft Windows Update Site for updates. Your computer is being redirected and you really have no way to tell or confirm it without looking for it when anomalies arise.

The redirection code is hidden well in the registry. It is in an unnamed key which has protection on it to prevent edits. The data is in Hex format, so it is not imediately readable. AND just in case you try to read it, the data is further encrypted.

Through the years the developers have left thier signatures in their program file segments. Every hacker likes to leave their mark behind. Many have adapted the Bluetooth symbol slightly to indicate their work. It will frequently appear in the code files.

NOTE: ONCE YOUR MACHINE HAS BEEN ILLEGALLY HACKED FOR REMOTE CONTROL, SURVEILLANCE AND OBFUSCATION YOU CANNOT GET AROUND THE SURVEILLANCE, ALL YOU CAN DO IS NOTICE IT; BE AWARE OF IT, AND BE HINDERED BY IT’S ACTIVITY. ANY ATEMPT TO GET AROUND IT MAY TARGET YOU FOR FURTHER TECHNOLOGY ATTACKS.
NO ONE WILL HELP YOU.
THERE ARE NO SOFTWARE PROGRAMS TO PROTECT, DETECT OR REMOVE IT.

2011
07.08

Vista reports an incorrect resolution error. The error indicates that Works won’t display everything corrrectly when the settings are below 1024 x 768.

The screen settings are 1280 x 720.

The error message is using invalid information.

This can happen when you computer is under surveillance.

It may seem to be working like before… BUT, when inside the virtual machine it is very hard to tell you are working on a window within a window. The thing that doesn’t get passed realtime or on the fly when in a virtual machine is a hardware setting or change.

I’d speculate that they can’t pass the data easily or recognize the change occurred to pass the info.
OR
They need to strictly control your access to hardware changes to prevent you making a hardware change which circumvents or exposes the surveillance software.

Just one of many hardware related clues you may encounter when your computer has been hacked.

2011
07.08

A sociopath is somebody who exhibits sociopathy, who behaves in a way that suggests a lack of conscience.

Unlike the average human, a sociopath does not feel any sense of guilt or remorse when committing morally wrong actions or actions that their society deems unacceptable. Because of this utter lack of fear for the sanctions of society, sociopaths take advantage of the social system and use manipulation and amoral behaviors to obtain their goals.

The types of behaviors they exhibit are those that would make someone with a conscience uncomfortable.

The words in this definition appear over and over throughout this blog… One has to wonder. I’ve had nothing to gain from publishing this nightmare. I never approached any topic out of malice, anger or threat.

I tried to survive through the divorce, where no one was able to help, where the judges acted without regard to the law, where I was under constant terror of what they would bring down on me next. i did not commit suicide. That was unfortunate for them, it was/is their goal. I do not plan to oblige them.

So… Why?
I suppose it would take someone with a social conscience to answer that… And I have not yet met that person.

2011
07.08

Does the FBI investigate graft and corruption in local government and in state and local police departments?

Yes. The FBI uses applicable federal laws, including the Hobbs Act, to investigate violations by public officials in federal, state, and local governments. A public official is any person elected, appointed, employed, or otherwise having a duty to maintain honest and faithful public service. Most violations occur when the official solicits, accepts, receives, or agrees to receive something of value in return for influence in the performance of an official act. The categories of public corruption investigated by the FBI include legislative, judicial, regulatory, contractual, and law enforcement.

BUT IN THIS CASE, that police officer has already done that thing to you which we don’t want you to know about or figure out because it was really wrong and efforts are already being coordinated to confuse you and make you believe you are under a Federal investigation for um, something;
AND
when the head of family court, Judge Rhonda Daniele, is the first to violate the rights of the defendant and has done so secretly, in an order they would prefer the defendant not know about, having it hidden in the Prothonotary and not available for review; (If you knew about the order, you might challenge the allegation, prove it false and thereby deny yourself the opportunity to review all of the custody rules for the next 3 years while Judge delRicci schedules delays and runs out the clock until your son is 18 and the court no longer has jurisdiction. Sorry, you should have filed sooner. Perhaps before your wife began planning to surprise you with that divorce. She did have a 5 month head start.)
AND
the defendant is characterized and mocked as ‘the paranoid computer guy” by Judge Thomas delRicci who issues an Order which directly infringes on the Defendant’s First Amendment Rights at the same hearing where he acted to conceal the existence and content of the secret order signed by Judge Daniele.
AND
followed by Judge Emanuel Bertin extending impunity to the Plaintiff to violate any order, miss each deadline, and fail to provide complete and accurate documents ordered in Discovery to conceal some prior judicial indiscretions;
AND
then Judge Carolyn Carluccio clears her desk of all pending petitions in violation of procedure and law, (Well come on. She had to. You filed those documents with truthful statements and evidence and exhibits. Documents like those could put a judge out of work. She is supposed to decide what is true and you took all the fun out of it.), refuses to recuse when presented with her inappropriate actions, and then issues an unappealable ruling which she has crafted so it cannot be appealed to a higher court because it is not a valid final order; she further terrorizes you, makes you homeless, without any medical benefits (or teeth by now), and turns over the house to my “ex”-wife (who had abandoned the home IN WRITING in May 2007…)

The FBI will not become involved and they won’t tell you whether they will or won’t investigate or take any action. Somewhere in the last 5 years of constant litigation, I hadn’t realized that the Judges threw away the rulebook and joined the Plaintiff as an additional party. The absence of the Law from the judge’s rulings is only exaggerated by the fraud, false allegations, perjury and impunity bestowed on the Plaintiff.

Does the FBI investigate computer-related crime?

Yes. The FBI is charged with investigating computer-related crimes involving both criminal acts and national security issues. Examples of criminal acts would be using a computer to commit fraud or using the Internet to transmit obscene material. In the national security area, the FBI investigates criminal matters involving the nation’s computerized banking and financial systems; the various “9-1-1” emergency networks; and telecommunications systems. See our Cyber Crime webpage for more information…

BUT not in this case, because the computer related crimes affected a business and all of the business’s clients. caused identity theft, cost the Defendant thousands of hours to identify, and affected his financial transactions and online banking, requiring all banking to be performed through other people’s unhacked equipment and accounts, and further affected his ability to work or find employment,
AND
because the Defendant removed all existing hard disks and stored them securely, thus denying the Plaintiff the opportunity top place obscene material remotely onto his computers
AND
there’s that thing we don’t want to discuss about the officer, but he may have worked with this tech type guy on a task force that can help maybe.
AND
One might suggest that the involvement of a Private Investigator could prove or conceal the direct involvement of the Plaintiff in the computer crime, OR further evolve into a campaign of electronic harassment to distract the Defendant which has continued for the last several years,
AND
He’s good because his their work experience gained during the years before they retired from the FBI and started doing this detective thing. So he could maybe talk to the guys he worked with and see if he can get them to help 9(wink).

Yea, umm, right, the FBI might want to get involved if it would lead to embarrass the organization to investigate, charge, and prosecute their retirees. Let them continue to victimize you. They won’t stop anyway. We’ll additionally extend the impunity granted to the PI to the Plaintiff so that the plaintiff cannot be forced to reveal what is going on through any discovery Documents, testimony, or encounter, and has no risks in her future litigation.

NO, the FBI has better things to do than worry about the tiny problems which you really don;t have alot of time to pay attention to anyway. They are writing up some dooseies of petitions to help you learn the laws which the judges are not going to apply to your case anyway. Are you still here?

I hope my embellishments to the questions and answers from the FBI website do not discourage you. Perhaps finding help with a smaller, less critical issues. I apologize for the sarcasm. If I didn’t use it, I would only end up crying again. And how can you not cry. These people destroyed you. The people you turned to for help were the people who were destroying you. There is no justice for anyone who has suffered an injustice, and these judges refuse to rule on anything as that would allow an opportunity to appeal to a higher court. The Courts are too busy, so we’ll just keep you spinning through our courtrooms until some judge decides to go all in. She will show you what injustice is. She will issue it, and not permit an appeal, and delay any request for reconsideration until she schedules a hearing in a few more weeks and then decides to recuse leaving you homeless, living out of bags, sleeping on a couch, harassed by technology which hasn’t worked in 5 years (wink), and trying to prepare any Federal Lawsuit against the collection of people who have worked for the last 5 years to destroy you. Yes, good luck trying to do that in time while we order a few more things for you. Ya know, we are truly disappointed we never got the opportunity to lock you up for something (again). Perhaps if you weren’t at home afraid and terrorized and had gone out more. Well, that home’s not a problem for you any longer (except financially and maybe emotionally). She’s been so busy throwing your things out and hiding anything she wants, and fixing it up for herself to sell, that she forgot to list it with a realtor. Where’s that impunity card?

WHEN EVERY JUDGE FAILS TO FOLLOW PROCEDURE AND LAW, AND REFUSES TO EXPLAIN THEIR ACTIONS, OR CONCEALS THEIR ACTIONS, AND FURTHER ENTERTAINS PETITIONS ATTEMPTING TO HOLD YOU IN CONTEMPT OF UNCONSTITUTIONAL ORDERS, THERE HAS BEEN EIGHT OF THEM…. AND THERE IS ONLY ONE OF YOU…
Why are you still here?
“I have to be, I am the Defendant in this divorce. I have been ordered to participate and be further victimized by professionals who resort to games, and tricks, and sneaky manipulations and legal distortions when serving up injustice. I’ve got no choice but to follow the rules and expect justice. You folks have been lawyering all these years, and well shucks, you sure know how to keep yourself entertained, but you never resolve anything. So what flavor of delay is being served today?”

It’s been 5 years, over 300 docket entries, it is time to stop hiding behind the litigious masturbation, wash your hands, and do your job. Justice. Interpret the law, don’t twist it. I expect a judge’s first responsibility is justice, so let’s try that and then you may go back to conspiring to cover up what everyone has been doing for the last 5 years.”

Why are so many judges risking their careers and reputations to terrorize and harass me? It is apparent the court does not care about the family, or the people. If the court cared at all about the kids, they wouldn’t prolong custody cases splitting people apart. If they cared about justice, they wouldn’t ignore the amount of time wasted at the courthouse. Alot of people voted for you to be sitting on that bench. They did not expect you to need you courtroom full of familiar faces each month. Resolve a case. You will get to meet new people. You don’t have to continue to manipulate the same case. I have already seen your demonstration of power. I get it. You are the judge. You can do what you want to me. You can lie and have me surrounded by guards. You can act unethically and I can’t do anythign about it. And if I want it corrected, you have made it so that I have to ask you.

It’s judicial masturbation until satisfied with yourself… or until someone sees what you are doing and there’s a scandal.

2011
07.06

It is a difficult concept to believe that over the last 5 years I’ve lost everything in my life because I am the victim of a crime.

The illegally installed software cost about $100 for the computer, and under $200 for the cell phone.

It has been the cover up the instruction to commit the crime that has had a far greater cost. EVERYTHING. It cost the victim everything.

Once every law enforcement department was manipulated by false allegations against me and executed their own stealh surveillance. Their investigations victimized me further by concealing the crimes against me. So how can they tell me that no one has my computers under surveillance when they have all had a hand in it.

Five years of constant terror that I have experienced because of a $100 software package.

I have survived because I have been able to figure out their tactics, disciver their methods, and rationalize to myself that the truth would be heard eventually in a courtroom. I have battled an unimagineable evil for the last 5 years and the judges considered it a game with their dismissals and denials. It wasn’t a game to me. It was my life and you stole every aspect of it from me.

I’ve cried just about every day since the summer of 2010. In August 2010 when I discovered a secret Court order that slandered me and took away my children, BUT never informed me of the action it was devastating.

You can’t fight what you don’t know about. If you try, they will call you paranoid. And I had permitted the masters and judges of Montgomery County to play a scheduling game of delays and tricks. I didn’t ask these people to get involved in my life. When they did, they failed to make any ruling in a timely fashion, or with regard to Pennsylvania Law and Rules of Civil Procedure.

Why? What could I possibly have done to bring down the wrath of an entire Court. Eight Judges? Each acting with complete disregard for the truth, ignoring the evidence, and conspiring behind my back. It took an awful lot of people to destroy me.

I persevered. I believed in the US Justice System. The Judges apparently did not. Why?

I had no choice but to defend myself with the expectation that the judges interpret the laws… The judges chose to ignore the law.
Why?
to protect the Secret Order issued by Judge Rhonda Daniele – the head of Family Court?
Why?
to protect the order issued by Judge DelRicci in violation of the First Amendment of the Constitution?
Why?
to protect Judge DelRicci’s career when they surveilled the final edits on request for his recusal inmspiring him to recuse without being asked. Judge DelRicci also proceeded to perform a speech while recusing himself where he admits to violating numerous ethics rules.
Why?
to protect Judge Bertin who ordered a petition split into 2 parts and then at the hearing found that the second part was no longer cognizable without the first part. 9 he ordered me to pay fees, and then Angst & Angst submitted invoices which indicated their unethical ex parte communication with the judge.
Why?
to protect Judge Carluccio from embarassment at completely disregarding the Law and Procedures, and then fraudulently indicating she had reviewed the case to make her incorrect rulings – WITHOUT HEARINGS.
Why?

REALLY?? I am that important that it requires entire police forces, county detectives, and the judiciary to steal my life.

2011
06.30

* DRAFT * * * DRAFT * * * DRAFT * * * DRAFT * * * DRAFT * * * DRAFT *
Judge Carolyn Carluccio was informed of the ethics violation by Angst & Angst when they submitted a different letter to the judge than they provided (days later) to the defendant, Judge Carluccio dismissed it. No hearing.
MOTION FOR THE PRODUCTION OF DOCUMENTS DISMISSED WITHOUT A HEARING.

Judge Carluccio then IGNORED the request for the other Inappropriate Ex Parte Documents sent to the court by Angst & Angst. No hearing.

MOTION FOR THE PRODUCTION OF DOCUMENTS IGNORED. NO HEARING.

Judge Carluccio then has a Rushed EMERGENCY Hearing where she refuses to permit the Defendant to present the exhibits and evidence, BECAUSE THOSE THINGS HAPPENED IN THE PAST. How does one have a hearing and not discuss the things which have happened in the past? She ends the hearing because she didn’t have time for it. Her schedule would only permit my wife and Valerie Angst to present the lies and fraud, there was no time for a defense, and certainly no time for the counterpetition previously dismissed as not cognizable. BECAUSE THE COUNTERPETITION WOULD BE COGNIZABLE THIS TIME.

RESPONSE TO PLAINTIFF’S EMERGENCY CONTEMPT PETITION OF FEBRUARY 24, 2011 AND COUNTERPETITION Short List Conference Interrupted. NO HEARING.

Judge Carluccio never reschedules a protracted hearing on the matter. OF COURSE, She was not going to permit the evidence of corruption in every hearing to be presented. The quick rushed hearing was designed to railroad me out of my home. My response threw a huge monkey wrench into that. It also demonstrated that the other petitions I have filed were also based on truth and could be backed up with exhibits, evidence and testimony.

As Judge Carluccio was clearly not interested in justice happening in her courtroom, I requested she recuse. This was my second time requesting a judge to recuse. The First time, Judge Stephen Barrett recused when his disrespect was documented and witnessed. The Request for Judge Carluccio’s Recusal was considerably more indicative of her extreme bias, and her corrupt and unethical actions on the bench.

PETITION FOR THE RECUSAL OF JUDGE CAROLYN TORNETTA CARLUCCIO FOR CONSPIRACY, CORRUPTION, FRAUD, INTIMIDATION, CONFLICT OF INTEREST and DENIAL OF DUE PROCESS / PROCEDURE and DENIAL OF CIVIL RIGHTS

Judge Carluccio secretly cancels hearings scheduled for June 1-2, 2011 by email without notification to the defendant.

[insert exhibits/praecipes here]

On March 29, 2011, Judge Carluccio refuses to Recuse… and when questioned about the secret cancellation of the protracted hearings the hearings are then rescheduled for May 5, 2011.

Then Judge Carluccio issues an Order LIES about an extensive review of the case because she didn’t have the files or documents and the docket exceeds 300 entries. The Order cancels the hearings again. This time because the Judge says they have been resolved. She is so wrong and violating Pennsylvania Law and Procedures and US Law.

PETITION TO RESCIND/CANCEL THE ORDER OF APRIL 14, 2011 WHICH VIOLATES PENNSYLVANIA LAW AND THE UNITED STATES CONSTITUTION

Prior to May 5, 2011, Judge Carluccio refused to issue an order indicating she had cancelled all of the proceedings for that date. I am only provided a copy of the cancellation order on the morning of May 5, 2011 when I appear with witnesses for the proceedings.

A member of the judge’s staff then contacts the courthouse security and falsely alleges that I have threatened the judge.

The security guards know this isnt true but must respond to the allegation. I show them the Order for the hearing that morning and they are puzzled about the false allegation. I was ordered to appear. I appeared. Why would they be told I had no business at the courthouse? INTIMIDATION.

2011
06.30

One has to wonder which site is the correct current web site for the United States Department of Justice.
I get a different contact name and number than a friend on Facebook finds. And today’s result is different than one I have found before. Looking further into it, the sites aren’t even the same colors? format? or data?

Could that explain why no one investigates the corruption? Am I reporting it to non-existent people? at non-existent or misdirected phone numbers? or does the DOJ really just ignore reports of ongoing and persistent judicial corruption?

Look up the contact for Official Corruption, Civil Rights, Computer Crimes? Send me the info through the Comments Block below. Thanks for helping determine the correct contact. If you feel inspired, contact the person you find and ask them to investigate.

2011
06.29

11:24 AM. I just got a call from Tim Goodwin now indicating his displeasure at his number being posted around the web.

Yesterday, after I got the call and realized I knew the mystery caller – though he hasn’t been involved in the web site for 15 years – I told him I would take his number down from this web site. I removed the phone numbers last 4 digits last night on every post on this site and pulled messages down from Facebook.

This morning, I get a call from Tim Goodwin and he isn’t happy at his number still being cached on the search engine sites. The search engine cache is not within my control.

I told him that it was not my fault that the whole issue was raised. He disagreed. He is wrong.

This post is related to these previous posts:
UNAUTHORIZED ACCESS to RitaCoolidge.com
(924)945-XXXX
(924)945-XXXX

Nelly Neben put him up to making the call. She was at fault.
Nelly Neben knew I found out about the caller attempting to gain control of the web site.
Nelly Neben knew I was on a mission to find out who was behind the attempt.
Nelly Neben could have said that she had contacted Tim and asked him to make the call.
BUT, NELLY NEBEN DID NOTHING OF THE KIND. Why?

Nelly Neben went on to lie to me on the phone when the site was moved to Utah in February.
Nelly Neben then acted to lock down the site and prevent it from being moved back to the Texas location.
Nelly Neben locked up the site from February 15, 2011 through March 15, 2011 through a dispute filed with Network Solutions. This action disabled all of my accounts at Network Solutions.
Nelly Neben‘s actions also locked me out from my primary email account to which most of my internet accounts were connected.

Nelly Neben did not act within the 30 days on the dispute and the lock was lifted. A stall tactic? A time waster? WHY?

That lock was lifted only after multiple phone calls with Network Solutions, where each day I was informed that the problem would be resolved within 24 hours. After a week of emails, phone calls and “unsure what’s going on” responses from Network Solutions, control of the site was once again returned to my account.
An account that I have paid for and managed since it’s creation.

Nelly Neben could have provided the information about her activity. INSTEAD, I FOUND OUT THROUGH USE OF A SUBPEONA, the INTERNET, and FACEBOOK.

So, Tim, If you want an apology for your number being published on the internet connected to my web site. The person you need to seek the apology from is Nelly Neben. AND IF YOU CONTACT NELLY NEBEN, tell her that she owes me an apology and an explanation.

To Tim Goodwin: Nelly Neben used you to act against me… and you know, you could have called me at anytime to inquire why Nelly Neben was asking this of you. Why didn’t you do that? Take responsibility for your actions. Ask Nelly Neben “WHY?”

For the record, I always considered Nelly Neben as a friend.

I am the type of friend that was able to get over the incidental moments of inconsideration that was part of friendship with Nelly Neben. I have never done or said anything with the intention to cause her any stress or harm. Yet, Nelly’s actions in this matter are incomprehensible, and go way beyond hurtful and devious. What would cause her to act like this? Most say it was her way of dealing with everyone… I don’t believe that.

I do know that my wife was extremely jealous of my business relationship with Nelly and my friendship with Nelly. That unfounded jealousy turned into hatred. Sadly, Sonya passed those bad feelings on to my children. Undermining our business relationship and friendship was definitely a target for Sonya. Sonya’s actions hurt my business and clients and also Nelly’s business and her clients.

Nelly and I have only met in person a handful of times. We communicated by telephone and email. Nelly and I did work well together. We had an open and direct style of communicating with each other. Deceitful and deceptive activity was not the way we ever dealt with each other. We always talked things through when we weren’t on the same page. I can only recall one time going over her head on a decision. Also, I defended her time and time again when her style of doing business was questioned.

So Nelly, WHY?

Why would you cause me such incredible grief? Why would you make my life more difficult? Why would you want me to experience more stress?

I was brokenhearted when you fired me from my dream, but I didn’t hold it against you.

What caused you to betray me? abandon me? hurt me? lie to me? Nelly, you were someone I trusted… you weren’t some post divorce pawn inserted into my life to eventually pull a rug out from under me. What was your motivation? Why did you lie? Why did [your husband] lie? Why couldn’t you tell me the truth? Why?

And Nelly,… you owe Tim a huge apology for involving him.

2011
06.29

Something I didn’t install on my computer. Appeared without Publisher information. And provides remote printing capabilities… like printing to a PDf file for small file size and easy transmission. …and it works for Windows Terminal Server …with transparent printing, so it goes unnoticed. Part of the Stealth Surveillance package. Ya think?

I’ve been unable to disable Terminal Services for years. It permits stealth remote access to the VM programs.

No wonder the computer can’t process anything quickly. It’s too busy taking and sending printouts of my screens and messages to whomever it is that wants me dead, but wants me to do it for them.

Now could that be why I am getting all those Adobe PDF Reader Updates also? Or is Adobe now providing twice daily updates to their programs and getting so lazy with their installs that the buttons are downright chatty in context.


REDMONTransparent PostScript printing from Windows 95/98 and NT (3.51, 4, 2000 and XP) and soon Windows Vista and Windows 7.

Overview
The RedMon port monitor redirects a special printer port to a program. RedMon is commonly used with Ghostscript and a non-PostScript printer to emulate a PostScript printer.

RedMon can be used with any program that accepts data on standard input.

Using RedMon you create a redirected printer port. If you connect a Windows printer driver to the redirected printer port, all data sent to the redirected port will be forwarded by RedMon to the standard input of a program. The output of this program can be sent to different printer port, or the program can generate whatever output it desires.

2011
06.28

Any of the persons I believe to be Confidential Informants who were directed to intrude into my life would have legitimate fears of all of the following situations. Confidential informants are treated as disposable human beings. I believe that they have taken weak people with little self respect and inserted them into my life. When those people see that what they are doing to me is wrong – at so many levels – they become even more fearful. They see that I am a good person suffering through tremendous injustice. They see that the victim of injustice will only be further victimized by injustices.

IF THE CONFIDENTIAL INFORMANT PROGRAM HAS THIS MANY ISSUES… WHAT CONTROLS ARE ON THE PRIVATE INVESTIGATORS USED BY THE DRUG TASK FORCES?

These examples from the New Jersey /ACLU Report explain the varied situations.

Manufacturing and Overlooking Criminal Conduct — Some law enforcement officers overlook the criminal conduct of CIs under their supervision. In addition, police officers have allowed CIs to participate in crime with other civilians and then arrested only the non-informant. In cases where a CI is encouraged to induce a civilian to engage in criminal activity, those actions might validly be subject to claims of entrapment.

Financial Abuse — Interviews revealed that some police agents use personal money or money confiscated from criminal suspects to fund CIs despite written policies prohibiting these practices. Engaging in such practices allows individual officers to recruit and deploy CIs without their departments’ knowledge and outside the appropriate oversight — behavior that is also expressly prohibited by existing written policies.

Physical and Verbal Abuse — We learned from the community interviews that law enforcement officers sometimes assault or threaten civilians in order to coerce them or their friends and relatives to serve as CIs. Based on information provided by community members, who admitted to acting as CIs, “cooperation” achieved through such means has led individuals to fabricate information. This practice, while seemingly rare, is criminal. Reports of verbal abuse were more prevalent than reports of physical abuse. The reported verbal abuse included derogatory name calling and threats of civil action (such as child removal) if civilians refused to act as informants.

“Burning” the CI — Police officials fail to sufficiently safeguard information about the identities and locations of CIs or about their relationships with the police, thereby exposing civilians to risk of harm. At times, CIs perceive the “burning” as intentional punishment for failing to cooperate as expected; other times it appears to be inadvertent — police or prosecutors carelessly make verbal statements or gestures in the presence of others (outside the police-informant relationship) from which an inference can be made that the civilian is “working for” the police.

Use of Unreliable Informants — Police survey responses and community interviews indicate that police sometimes take CIs at their word without first carefully and independently corroborating the veracity of their statements before attempting to make an arrest. Incentives offered to CIs, including leniency in their own criminal cases, increase the risk that CIs will provide unreliable information. The prevalent and repeated use of drug-addicted civilians as CIs increases the risk that the information they provide may be unreliable.

Misuse of Juvenile Informants — There is currently no absolute ban on using children as CIs. Current state, county, and municipal policies include age restrictions and requirements such as parental or prosecutorial consent prior to using juveniles as CIs, but the policies are not uniform across the three levels of government. This means police may use underage persons as CIs, in some cases without consulting the juvenile’s attorney or legal representatives. Juvenile CIs by virtue of their age are even more vulnerable than the general population, when dealing with law enforcement and the criminal justice system.

“Legal” Coercion — Police “squeeze” criminal defendants by threatening them with additional charges or counts related to their own cases if they do not “cooperate” by becoming CIs.

Using Big Fish to Catch Little Fish — Police or prosecutors occasionally give upper-level drug dealers, traffickers, and manufacturers more lenient treatment because they can “give up” numerous less-serious offenders in the ranks below them. This means that the more culpable leaders of drug networks — the “kingpins” — may get less severe punishment than underlings who play a lesser role in the drug trafficking operation.

Although procedural changes were made in 2004 to limit such situations in New Jersey, some public defenders interviewed during this study reported that this situation still occurs, though less frequently.

Failure to Protect the Safety of Lower-Level Informants — The practice of allowing, encouraging, or coercing low-level offenders to actively participate in the investigation and apprehension of more serious or higher-level offenders exposes low-level offenders, their families, and their friends to the risk of serious physical harm if their identities become known. As reported in the public defender interviews, mere motor vehicle traffic violators were used in some cases to infiltrate criminal enterprises run by interstate drug traffickers.

Failure to Put Agreements in Writing — State guidelines require that cooperation agreements between the state and a defendant facing sentencing for a drug crime be in writing, pursuant to the Attorney General mandates that bind county prosecutors (the “Brimage Guidelines”) (See Appendix B).23 There is substantial evidence that, with the exception of a few counties, this requirement is often not followed. In addition, the Brimage requirements do not apply in a variety of other contexts where the state seeks and obtains cooperation from witnesses. There is little evidence that written agreements are used in these other contexts, and it appears that New Jersey law enforcement officials consistently fail to comply with the dictates of Brimage when written cooperation agreements are required. In all contexts where CIs are used, the absence of a written agreement pits a CI’s word against that of a law enforcement agency, leading to disputes about what promises were made in return for cooperation, as well as the nature and duration of the expected cooperation.

Circumventing Search Warrant Requirements — In urban areas, according to community respondents, CIs are sometimes used in place of search warrants to gain access to dwellings that the police believe contain evidence of drug sales. Rather than apply for a search warrant, the police send an informant to make a purchase at a residence they suspect of drug involvement. When an occupant opens the door to conduct a hand-to-hand transaction, the police push their way into the residence and conduct a search of the entire premises, not just the area within the arrestee’s immediate reach.

Anonymous Accusers — Several of the public defenders interviewed stated that they sometimes questioned the veracity of a CI’s claim against a client or even whether a CI actually was involved in a particular investigation. Under the general legal rule, applicable in both federal and state courts, CIs with information that relates directly to a defendant’s guilt or innocence cannot remain anonymous and may be called to testify.25 In practice, the public defenders and private attorneys reported that they rarely succeed in compelling the disclosure of an alleged CI’s identity.26 In the rare case, where such a motion is successful, prosecutors elect to dismiss charges rather than reveal information about the informant.

Street-Level Recruitment — When police officers are allowed to recruit a CI on the street in lieu of arresting him or her, it increases their use of CIs and precludes the oversight mandated by written policies. The unregulated recruitment of individuals on the street and their participation in the act of informing undermine community cohesion and faith in fair law enforcement.