This letter will serve as
our formal complaint about improper and inappropriate
conduct by two DOJ Special Prosecutors, three FBI Special
Agents, and a paid confidential informant, during a 13 month
long undercover FBI investigation from August 1995 through
July 1996, and the subsequent trial and conviction of John
Irvin Pitner, federal inmate # 26151-086/4C11, FDC SEATAC.
It is our belief,
based on the facts and evidence which follow, that serious
violations of law were committed by DOJ personnel and their
paid informant, which resulted in an improper investigation
being conducted, and the wrongful arrest, trial and
conviction of an innocent person.
Each and all of the facts
we bring to your attention in this matter were made public
in sworn testimony during the trial US vs. JOHN PITNER, ET
AL, Case # CR96-500C held in US District Court for the
Western District of Washington at Seattle, from January 15th
through February 28th, 1997.
The evidence consists of
actions taken during trial by Assistant US Attorneys Susan
B. Dohrmann and Gene Porter, and sworn statements made under
oath during trial by FBI Special Agents Ramon Garcia, Cathy
Fahey, Michael German, and their paid confidential
informant, Edwin G. Maeurer.
The trial record clearly
shows unprofessional conduct and unethical behavior, in that
DOJ personnel did fail to adequately supervise the actions
of a paid informant, did sanction and commit criminal acts,
did conduct an illegal warrantless search of a suspect's
premises, did sponsor perjurious testimony by a government
witness, did fail to correct false testimony given by a
federal witness, and did make intentional misrepresentations
to a federal court which ultimately resulted in an
obstruction and miscarriage of justice.
John Irvin Pitner has
been incarcerated for the past 28 months, as a direct
consequence of the governmental misconduct cited herein.
While it is not within the purview of your office to rectify
his situation, it is OPR's responsibility to investigate
complaints of impropriety by DOJ personnel. We therefore
submit this complaint, and charge you to fully investigate
the facts of this case, in the hope that similar
investigative and prosecutorial abuses can be prevented.
Sincerely yours,
Carl D. Alexander,
Jr
Richard V. Pitner
COMPLAINT # 1:
Charge - That Assistant
US Attorneys Susan B. Dohrmann and Gene Porter did sponsor
perjurious testimony by a government witness, one Edwin G.
Maeurer a paid confidential informant, and did fail to
correct false testimony given before a federal jury, by said
witness.
Facts - On
January 7, 1997, FBI Special Agent Raymond Lauer presented
testimony to the court concerning the results of several
polygraph tests administered in February 1996, to Edwin G.
Maeurer a paid confidential informant, during the course of
the 13 month long FBI undercover investigation. (CR96-500C,
Vol. 1, pgs 1 - 34)
Maeurer had previously reported to his FBI superiors in
September 1995, that he had seen, and handled,
fully-automatic M-16 rifles, dynamite, and grenades in a
fortified room in John Pitner's garage. (CR96-500C, Vol. 5,
pgs 675-676; CR96-500C, Vol. 8, pgs 1339-1345)
Agent Lauer's
testimony clearly showed that Maeurer repeatedly failed
polygraph examinations as to the truthfulness of that
report, and that Maeurer recanted his previous story - that
he did not, in fact, either see or handle any M-16 rifles,
dynamite, or grenades in Pitner's garage. (CR96-500C, Vol.
1, pgs 22 & 26; CR96-500C, Vol. 21, pgs 3430 & 3431)
Nevertheless, on
several different occasions during the course of the trial,
while the jury was present (January 21st and January 23rd,
1997), federal prosecutors elicited testimony from Maeurer
wherein he repeatedly stated that he had seen M-16 rifles,
dynamite, and grenades in Pitner's garage. (CR96-500C, Vol
5, pgs 675-677, 681-682 & 701-703, 940-942; CR96-500C, Vol
7, pgs 1183 -1185, 1188 & 1189)
No effort was made by
either prosecutor to correct the false testimony given by
the government's witness, although they both had clear and
sufficient knowledge that the testimony given was
untruthful.
COMPLAINT # 2:
Charge - That Assistant
US Attorneys Susan B. Dohrmann and Gene Porter did willfully
abuse their prosecutorial authority, while representing the
US government during the trial of JOHN IRVIN PITNER, ET AL,
by intentionally misrepresenting to the court the role of
John Irvin Pitner as an active and knowing participant in a
13- month long criminal conspiracy against the US
government, which conclusion was not supported by the facts
of the case or the testimony of the government's own
witnesses. (Case # CR96-500C, US District Court for the
Western District of Washington at Seattle, January 15th-
February 28th, 1997)
Facts - The prosecution
contended that " Between on or about June 14, 1995, and
continuing thereafter until July 27, 1996, at Bellingham,
within the Western District of Washington and elsewhere,
defendants... did willfully and knowingly combine, conspire
and agree with one another and with others known and unknown
to the grand jury to commit offenses against the United
States..." (Count I, Second Superseding Indictment, CR 257)
However, despite
continuous and repeated assertions of Pitner's guilt
throughout the trial by Prosecutors Dohrmann and Porter, the
government failed to produce evidence supporting such
claims. In point of fact, the evidence which was presented
at trial showed that Pitner was the VICTIM of a conspiracy
fomented by government agents (a paid informant and an
undercover FBI Special Agent) designed to do him specific
harm. (CR96- 500C, RP pgs 1540, 2066, 2508, 2532, 2539)
Pitner's involvement
in this case began in September, 1995, when the paid
informant reported to the FBI that he had seen and handled
automatic weapons, grenades, and dynamite at a fortified
room in Pitner's garage, along with night vision devices
stolen from Ft. Lewis, WA.(CR96- 500C, RP pgs 675-677,
1339-1345) Under polygraph examination in February, 1996,
the informant later recanted that story. (CR96-500C, RP pgs
22-26, 3430 & 3431) At trial, he tried to justify his lies
about Pitner by saying that Pitner deserved to be arrested
and jailed. (CR96-500C, RP pg 675)
No evidence of any
specific plan to attack, assault or confront specific
federal officers in the performance of their duties, or a
specific federal building was ever presented at trial. By
contrast, evidence was presented about specific threats to
beat and/or kill John Pitner, including threats made by the
FBI's paid informant. (CR96- 500C, RP 1540-1543, 2531-2532 &
2548)
No statements
of hostility or aggression against federal agents were made
by Pitner. Moreover, Pitner was not even present when such
statements were made except on one occasion, in December
1995, and the evidence showed that he was completely opposed
to any such activity. (CR96- 500C, RP pg 735)
No evidence was ever
presented by the government that Pitner was aware of or
participated in, any attempt to make or sell pipe bombs,
chemical explosives, or convert semi-automatic weapons to
full auto. The evidence at trial showed in fact that all
such activities were instigated by the paid informant and/or
the undercover FBI agent, and were deliberately kept secret
from Pitner. (CR96-500C, RP pgs 1891, 1894, 1925-1926, 2026,
2151, & 2219)
Pitner
resigned as Director of the Washington State Militia due to
financial, marital and health problems on May
29th, 1996. A three-person "leadership council" was
appointed in June to co-direct the WSM, which included the
paid FBI informant. Later that same month, the Council was
expanded to include the undercover FBI Agent. Pitner
attended no further militia meetings, except one on July
9th, where he was "chaired" by the other members, and
accused of stealing money and supplies from the group.
(CR96-500C, RP pgs 1966, 1982; pgs 1691, 1984; pg 2322; pgs
2507, 2066, 2508, 2539, 1163-1164, 2226-27 & 2543)
Despite repeated
attempts by the paid FBI informant to get Pitner to resume
his leadership position as Director of the WSM, he
consistently refused, and by the time the illegal activities
were taking place in June and July 1996, Pitner was
distrusted and ostracized by the group. (CR96-
500C, RP pgs 1541, 1555, 2531-32)
At no time were any
illegal weapons, any bombs, any bomb parts, any fuses, or
any books or articles on the subject of making bombs or
other illegal weapons ever found at Pitner's home, or in his
possession. (CR96-500C, RP pgs 3458, 3533)
The case was tried before
a jury over a six-week period from January 15th through
February 28th, 1997. A mistrial was declared on Count I as
to all seven defendants. However, the jury did return
several verdicts on a number of separate counts, and on the
basis of testimony by the paid FBI informant, Pitner was
convicted of participating in the transfer of one illegal
weapon.
Pitner
remains in federal custody, to this date. He has yet to be
sentenced for his crime and is awaiting an interlocutory
appeal to the 9th Circuit Court, to see whether retrial on a
re-worded conspiracy charge will be allowed. He has lost his
house and property, is divorced from his wife, and is now
penniless.
COMPLAINT # 3:
Charge - That Assistant
US Attorneys Susan B. Dohrmann and Gene Porter did willfully
abuse their prosecutorial authority, while representing the
US government during the trial of JOHN IRVIN PITNER, ET AL,
by basing substantial portions of that case on statements
and evidence provided by a government witness who was known
to be biased and non-credible.
Facts - The
government's chief witness in this case was a paid
confidential informant, Edwin G. Maeuer of Bellingham, WA, a
three-time convicted felon for fraud. Maeurer had previously
been terminated by the FBI during another case, for
divulging his status as a confidential informant.
(CR96-500C, Vol. 7, pgs 1231-1233; Vol. 8, pg
1292)
At the time
Maeurer approached the FBI with an offer to infiltrate the
Washington State Militia, he owed in excess of $35,000 in
summary judgment outstanding against him for passing
fraudulent checks. (CR96-500C, Vol. 7, pg 1234; Vol. 8, pgs
1261 & 1262, 1267)
From June 1995 through November 1995, Maeurer
attended WSM meetings and on the basis of totally
unsubstantiated reports about seeing and handling fully
automatic weapons, dynamite, and grenades at the residence
of John Pitner (then Director of the WSM) a formal FBI
investigation was initiated. Maeurer was eventually paid
more than $24,000 for his role as an informant. (CR96-500C,
Vol. 5, pgs 675-676; Vol. 8, pgs 1339-1345; Vol. 9, pg 1434)
In February 1996,
while preparing to introduce an undercover Special Agent
into the on-going investigation, the FBI gave Maeurer a
series of polygraph examinations. He recanted his previous
reports about seeing and handling weapons, dynamite, and
grenades eventually stating that he had lied because he
believed John Pitner deserved to be arrested and put in
jail. Maeurer also indicated that he had again divulged his
status as a confidential informant working for the FBI to
others. (CR96-500C, Vol. 1, pgs 1-34; Vol. 8, pgs 1338-1358;
Vol. 21, pgs 3430-3431)
Nevertheless, the
investigation proceeded and an FBI Special Agent was
successfully placed undercover within the WSM, though only
for the final three months of the investigation (April -
July 1996). Maeurer's testimony was crucial and composed the
bulk of the case against the defendants.
During the trial,
evidence presented by the government showed that Maeurer had
also incited and participated in death threats being made
over the telephone to John Pitner, and another WSM member,
during the course of the investigation. (CR96-500C, Vol. 4,
pgs 582-586; Vol. 8, 1382-1383; Vol. 16, pgs 2529-2532)
COMPLAINT # 4:
Charge - That FBI Special
Agent Ramon Garcia, Bellingham SAIC, and Special Agent Cathy
Fahey, Bellingham, did commit an illegal warrantless search
of premises belonging to John Irvin Pitner, during the
course of an ongoing FBI investigation of that individual.
Facts - On 25 July
1996, SAIC Garcia and Special Agent Fahey did enter and
search the residence of John Pitner, at 4453 Valley Hwy,
Deming, WA 98244 through a subterfuge, while misrepresenting
their status as on-duty law enforcement officers.
(CR96-500C, Vol. 18, pgs 2950- 2967; CR96-500C, Vol. 22, pgs
3461 & 3462 )
Having
previously ascertained that Mr. Pitner would not be at home,
and that his house was for sale, Agents Garcia and Fahey
presented themselves as interested home- buyers to Pitner's
legally appointed representative, a local real estate agent
acting on his behalf. (CR96-500C, Vol. 18, pgs 2950 & 2951)
After gaining entry,
Agents Garcia and Fahey then searched every room in Pitner's
house, including the kitchen, the living room, the bedrooms,
the bathrooms, a study, and the garage. While Agent Fahey
went outside with the realtor, Agent Garcia was left alone
in the master bedroom, searching Pitner's master-bedroom
closet and a water heater cabinet. (CR96-500C, Vol. 18, pgs
2952-2967)
The
search was conducted despite the fact that a paid
confidential agent was involved in the on-going
investigation of Mr. Pitner, had been in the house on
numerous occasions, and had drawn a floorplan of the Pitner
residence for Agent Garcia previously. (CR96-500C, Vol. 18,
pgs 2961 & 2962)
No
warrant was ever applied for prior to the search, in
reckless disregard of agents' professional obligation to
observe the Constitutional rights of defendants in criminal
cases. The search was a clear abuse of Garcia's
investigative authority, as he readily admitted
under oath that grounds for a warrant to search Pitner's
home were not forthcoming. (CR96-500C, Vol. 18, pgs 2953-
2955)
No application
for a search warrant was ever made for the residence, even
after Pitner's arrest on-premises two days later.
COMPLAINT # 5:
Charge - That FBI Special
Agent Ramon Garcia, Bellingham SAIC, did violate Title 18,
US Code, Section 2516, by willful failure to notify the
approving judicial authority of material changes to the
basis for an existing, court-sanctioned wiretap.
Facts - On or
about 17 November, 1995, SAIC Ramon Garcia applied for and
received court approval to electronically monitor two
telephone lines at the residence of John Irvin Pitner, 4453
Valley Hwy, Deming, WA 98244 through the use of 'pen
register' monitoring devices. (CR96- 500C, Vol. 20, pg 3207
& 3211) The probable cause for seeking to install
telephonic monitoring devices consisted of certain reports
by a paid undercover informant, one Edwin G. Maeurer, that
in Sept and Nov 1995, he had seen and handled automatic
weapons, grenades, and dynamite at Mr. Pitner's home, and
that Pitner was actively engaged in a conspiracy with others
against the US government. (CR96- 500C, Vol. 8, pgs 1339
-1345)
In February,
1996, Maeurer (the informant) was required to undergo a
series of polygraph examinations by the FBI. At that time,
he recanted his previous reports about what he had seen and
done at Mr. Pitner's residence. (CR96-500C, Vol. 1, pgs 9 -
34; CR96-500C, Vol. 21, pgs 3421- 3432)
Despite professional and
ethical obligations otherwise, Special Agent Garcia failed
to apprise the court of these developments in the case,
maintaining the existing previously-approved wiretap until 7
August 1996. (CR96-500C, Vol. 20, pg 3207)
COMPLAINT # 6:
Charge - That Special
Agent Ramon Garcia, Bellingham SAIC, and Special Agent
Michael German, did fail to properly supervise a paid
confidential informant working for the FBI during a 13-month
undercover investigation of the Washington State Militia,
from June 1995 through July 1996.
Facts - Edwin G.
Maeurer, a three-time convicted felon (fraud), was employed
by Special Agent Ramon Garcia as a paid confidential
informant for the FBI, after providing information about the
WSM to Garcia. Maeurer was paid $2,500 on 4 August 1995 for
infiltrating the WSM during the preceding two months, and
was eventually paid in excess of $24,000 over the course of
the investigation.
During the last three months of the investigation
(April - July 1996), Maeurer was also supervised by Special
Agent Michael German, who began working undercover on the
case during that period.
Evidence presented at
trial clearly showed that Agents Garcia and German failed to
carefully evaluate and closely supervise the activities of
Maeurer, as required by AG guidelines governing use of
informants. Among other egregious and criminal acts while in
the employ of the FBI, Maeurer did:
(a) file false
and misleading reports to Garcia about seeing
and handling fully automatic weapons, dynamite, and grenades
at the residence of John Irvin Pitner, then Director of the
WSM (CR96-500C, Vol. 1, pgs 1-34; Vol. 5, pgs 675, 678;
Vol. 8, pgs 1338-1358, 1461-1474)
(b) divulge his
status as a confidential informant working for the FBI to
others, during an active investigation (CR96-
500C, Vol. 1, pgs 1-34; Vol. 21, pgs 3430-3431)
(c) own and possess firearms as a convicted felon,
both during and after the active investigation (CR96-500C,
Vol. 8. pg 1291)
(d) incite and participate in the
making of telephonic death-threats to John Pitner, and
another WSM member, during the investigation (CR96-500C,
Vol. 4, pgs 582-586; Vol. 8, pgs 1382-1383; Vol. 16, pgs
2529-2532)
(e) collect disability payments from the
WA State Dept of Labor & Industries throughout the 13-month
investigation, and fail to report income earned from the FBI
(and additional sources) to the State of Washington
(CR96-500C, Vol. 8, pg 1237, 1267-1271, 1292)
(f) fail to report income earned as a confidential
informant from the FBI (and additional sources) to the IRS,
for purposes of taxation (CR96-500C, Vol. 8, pg 1229; Vol.
9, pgs 1431-1434)
(g) present perjured testimony
during the subsequent trial (CR96-500C, Vol. 5, pgs 675-677,
681-682 ,701-703, 940-942; Vol. 7, pgs 1183-1185, 1188 &
1189; Vol. 8, pgs 1233, 1272)