SAN LUIS OBISPO, Calif- According to the complaint against Cory Pierce, the undercover officer who allegedly sold and stole drugs, used his position to influence an informant's probation officer to not supervise him closely. Despite the informants prior heroin arrest.
Which is concerning to Criminal Defense Attorney Chris Casciola. "If a probation officer neglected to supervise a particular probationer to the point where the probationer would be in danger to the community and the to himself I would suspect that one could be criticized for that type of conduct," said Casciola. The probation officer also allegedly didn't require the informant to take drug tests or go to probation classes.
"I would be concerned about any informant that is avoiding testing during that period of time when his information is relied on," said Casciola. Former FBI Special Agent Dan Payne said these type of requests are not too uncommon and is a tool undercover narcotics officers often use. "You have an ongoing investigation, with a cooperating witness that is instrumental to gather evidence, and you don't want him in violation of his probation and sent back to jail because you lose the ability for him to interact with a suspect you are trying to build a case on," said Dan Payne, Former FBI Special Agent.
Payne said, this kind of interaction is something that is usually approved. "It has to be documented and approved both from the probation department standpoint and the investigating agency's standpoint so that everyone is on board," said Payne.
According to the FBI only Pierce is being charged at this time. The next step in this case would be a federal indictment for Pierce under a grand jury in Los Angeles.
