ACLU Selective Investigation Motion Hearing

The ACLU Motion was heard by Judge Murphy at the Rome Federal Court on June 19, 2006. The Motion contained sworn testimony by two confidential informants (CIs) stating that they bought ingredients to create methamphetamine from various stores, not limited to ones owned by South Asians, yet law enforcement agents steered them solely towards South Asian owned stores to conduct their controlled buys as part of "Operation Meth Merchant".
At the hearing today the CIs were to appear before a judge and testify. However, as of this morning, both of the CIs decided not to testify. Instead, the ACLU presented a different witness that would corroborate the statements made by the CIs. He is the cousin of one of the informants and was present when the prompting by law enforcement of the controlled buys took place, because he had to drive his cousin to each of the stores during the investigation. He is willing to testify in front of the judge. The prosecutors argued that they needed time to be prepare to cross examine the witness, and the judge has decided to hold the hearing on Thursday (June 22) at 10:00 a.m.
This is a pivotal point in the cases. We are watching how the court decides to proceed in the matter. Racial targeting is difficult to prove in the judicial system despite the fact that the statistics and all other evidence show that racial targeting took place on Operation Meth Merchant.

ACLU Hearing Part II

On June 22, 2006 Judge Murphy heard from John Ross, a witness to law enforcement agents’ inciting comments towards South Asian merchants. This hearing was the ACLU’s opportunity to present witness testimony supporting its Motion to dismiss charges against defendants of Operation Meth Merchant.

John Ross’s testimony actually went above and beyond the written affidavit of his cousin who worked as a confidential informant for law enforcement during the sting operation. Ross testified that law enforcement agents actually said that they wanted to “close down the Indian stores,” in addition to the comment about needing to make specific statements about making a cook because it was needed to trap the Indians whose “English wasn’t so good.” Ross was able to keep his cool throughout prosecutor, Lisa Tarvin’s intimidations.
Ross later told the ACLU team that he was moved by the show of thankfulness of the family members and supporters when he got off the stand and made eye contact with people in the gallery. Some of them put their palms together in a show of thankfulness and support for the witness taking a risk and testifying against the government.

Lisa Tarvin tried to have the motion thrown out saying that there was not sufficient evidence to warrant a motion to dismiss and that since so much time had elapsed since the sting operation occurred, it did not have merit. The Judge however, has mandated the government to respond to the motion, which they agreed to do by July 21st, 2006 and the ACLU will have a chance to counter respond two weeks after that.
Judge Murphy also made the point that since this was such a grave offense that the government was being accused of, he would have the patience to hear the evidence out. After the hearing, the judge specifically addressed the gallery and told us that the laws are there to protect everyone no matter his or her legal status in the US.
After the hearing the ACLU lawyers met with the defendants and told us that what today meant was that after the government had a chance to respond, the ACLU would ask for the evidence to be made transparent to the defense. Once the ACLU has more access to this evidence the case for racial targeting would become stronger. By understanding why the sting operation took place and how the government went about it, their tactics would become known.