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Law Would Safeguard Police Informants

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By Carl  Orth | The Suncoast News

Published: January 27, 2009

Updated:

NEW PORT RICHEY - State lawmakers in the West Pasco area are taking up the cause of protecting informants after Rachel Hoffman, a Florida State University graduate, was killed during a botched drug sting operation by police.

The proposal, called Rachel's Law, has the backing of state Sen. Mike Fasano, R-New Port Richey, and state Rep. Peter Nehr, R-Tarpon Springs.

The victim's parents, Irv Hoffman and Margie Weiss, reside in the Palm Harbor and Safety Harbor area.

"The death of our daughter was tragic and needless," Irv Hoffman said in a press release. He hopes the proposed law will "ensure that tragedies like this never happen again" among naïve, young people exploited or intimidated into becoming informants.

Tallahassee police caught Rachel Hoffman with a small amount of marijuana and six pills not prescribed for her. Police threatened her with a possible prison sentence, so she agreed to work as an informant in a buy-bust operation. Police gave her $13,000 to buy 1,500 ecstasy pills, two ounces of cocaine and a handgun from suspected drug dealers.

At the time, Hoffman was in a court-ordered drug treatment program, which should have disqualified her as a confidential informant. During the investigation, police lost contact with Hoffman. Her body was discovered two days later.

A Leon County grand jury later handed up first-degree-murder indictments against two men, Andrea Jabbar Green, 25, and Deneilo Bradshaw, 23, in connection with Hoffman's death. In late September the Tallahassee Police Department fired one of its investigators and suspended four officers involved in the drug sting involving Hoffman.

On Jan. 8, Fasano introduced Senate Bill 604 for more safeguards concerning informants, with Nehr introducing a companion bill in the House.

Hoffman's parents, who had enlisted help from Fasano, expressed their grief over the loss of their only child during a Jan. 8 press conference.

"Sen. Fasano doesn't want to micromanage police departments," said Greg Giordano, chief legislative assistant to Fasano.

But informants recruited by police need to understand risks, Fasano insists. The proposed law would give potential informants a chance to consult first with legal counsel and their families.

Under the proposal, the State Attorney's Office must authorize the use of an informant. If a person is under drug court supervision, a judge then would have to sign off on letting the person serve as an informant.

So far, Fasano's office has received some comments from the Pinellas Sheriff's Office about some of their concerns with the way the bill is written, Giordano said. But law enforcement agencies have expressed a willingness to sit down and talk about regulations to protect informants.

A "perfect storm of errors" doomed Hoffman, Nehr said. A substitute police officer was handling the wiretap gear even though the officer was not familiar with such electronic devices.

"There is no statewide uniform policy or procedure" about informants among law enforcement agencies, Nehr observed.

Nehr doesn't intend to stop police from using informants. Rachel's Law simply could provide "some type of standard, uniform written policy," Nehr believes.

"The last thing I want to do is micromanage" police investigations, Nehr said. "My door is very, very open" to law enforcement agencies to help shape the legislation.

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