A judge has ordered a Kanawha public defender to explain why she should not be held in contempt for giving a client a copy of a packet that contained the identity of a confidential informant.
Public defender Sara Whitaker was called to Circuit Judge Tod Kaufman's chambers on Tuesday to answer to the allegation she gave her client, Tracie Jones, a copy of a packet containing the name of the informant Jones allegedly sold drugs to. After Jones received the packet, a man she used to live with, Andre Lee, posted several photos of the packet on Facebook. After Whitaker admitted to giving Jones a copy of the packet on Tuesday, Kaufman assigned another lawyer to represent Jones.
Whitaker will have to "show cause" as to why the court should not hold her in contempt of for violating an Oct. 23 order prohibiting the copying or dissemination of packets containing confidential informants' identities, Kaufman ruled Thursday.
Kanawha County Prosecuting Attorney Chuck Miller said the case was continued at the request of Trigg Salsbery, who now represents Jones. Jones could potentially be called as a witness in Whitaker's case. Salsbery did not return a call Thursday.
Miller said he did not know whether Lee, a Charleston resident, will face charges for posting photos of the packet. Lee could potentially face witness intimidation or retaliation charges.
"We're still trying to gather the facts as to how it went from Sara Whitaker to her client to this fellow," Miller said.
Lee posted numerous photos of the packet on Dec. 10 with captions like "I'd be ashamed of myself," "exposed" and "cheap whore." The photos show the name of the informant, his address; and some of the rules for informants and potential cash rewards, ranging from $60 to $200.
The packet also lists Lee and Jones as "targets." Marijuana is written next to Lee's name, while prescription pills is written next to Jones.
On Monday, Lee wrote a public Facebook post in response to people saying he "exposed the rat." Lee wrote that the confidential informant mentioned Lee's name, "so I mention his sort of like a rat huh?"
"He get to run around destroy people and my kids scared to sleep in they own beds!!" he wrote. "Hell death might be easier than living this unfair life, but I ain't giving up... Don't stand for something you'll fall for anything."
Whitaker does not face a criminal charge, but she could face sanctions. Miller said state law allows the judge to reprimand or fine Whitaker or send her to jail when being held in contempt of court, although being sent to jail for such a violation would be rare.
After Branda Basham was killed in July of 2014 in retaliation for working as a confidential informant for the Charleston Police Department, the Kanawha County Prosecuting Attorney's Office implemented a policy that they will ask defense lawyers not to release to defendants the physical copies of any information relating to confidential informants, and request they sign a court order barring them from doing so.
Miller said defendants still had the right to know who could possibly testify against them, but the orders directed that physical packets were not to be distributed.
Jones, 45, of Charleston, was charged with possession with intent to distribute oxycodone on July 9. She allegedly sold to a confidential informant working with the Metro Drug Unit on April 20, according to a criminal complaint filed in Kanawha Circuit Court.
Whitaker has said giving Jones a copy of the packet was an accident. She said on Tuesday she forgot to ask for it back after two hours spent reviewing evidence with Jones.
Ronni Sheets, managing deputy public defender, and Miller have both said their offices are open to new policies to prevent the packets from being distributed again.
Reach Erin Beck
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