A judge ordered a Kanawha County public defender to pay $50 for giving a client a copy of a packet that contained the identity of a confidential informant.
Photos of the packet ended up on social media.
Sarah Whitaker, the public defender; her counsel, Timothy Mayo; and assistant prosecutor Tera Salango, agreed on the terms of the order, which directs Whitaker to pay $50.
Judge Tod Kaufman accepted the order at a hearing Tuesday afternoon, after asking Whitaker why she gave a copy of the packet to her client.
"Your honor, I simply forgot," Whitaker said.
The order also says that the parties have agreed to no longer photocopy confidential informant packets.
On. Dec. 2, Whitaker gave her client, Tracie Jones, a copy of a packet containing the name of the informant Jones allegedly sold drugs to. Whitaker said she had spent a couple hours reviewing the case with Jones, so forgot to ask for the packet back.
After Jones received the packet, a man she used to live with, Andre Lee, posted several photos of the packet on Facebook.
Whitaker had signed an order on Oct. 23 prohibiting the copying and distributing of packets containing confidential informants' identities. The Kanawha County Prosecuting Attorney's Office requests all defense lawyers to sign similar agreements.
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.
Whitaker became aware she had let Jones leave with the packet on Dec. 14 and subsequently notified the court. On Dec. 15, Kaufman removed her from the case during a hearing in his courtroom.
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.
The hearing Tuesday was supposed to start at 11 a.m. The parties involved met behind closed doors instead, and the judge postponed the hearing until 1:30 p.m.
Reach Erin Beck at erin.beck@wvgazettemail.com, 304-348-5163, Facebook.com/erinbeckwv, or follow @erinbeckwv on Twitter.