When San Francisco District Legal professional Brooke Jenkins introduced expenses towards a trio of alleged fentanyl sellers in April, she stated the defendants had sufficient medicine on them to kill 2 million folks.
That case was abruptly dismissed Friday as a result of one of many investigating San Francisco law enforcement officials, Christina Hayes, has been taken off the road pending an investigation into her doubtlessly inappropriate relationship with a confidential informant.
“The persons are asking to dismiss these three instances,” stated Karen Catalona, a prosecutor, on Friday, citing an lack of ability to “maintain the burden of proof” as a result of Hayes was a key witness who could now be compromised.
The case towards Josue Fabricio Alvarez-Rivera and his co-defendants was constructed, partly, on info from one in every of Hayes’ informants.
A confidential supply instructed Hayes in regards to the drug exercise of the defendants within the case, in accordance with her search warrant affidavit.
“I acquired info from a Confidential Dependable Informant (CRI) a couple of couple (boyfriend and girlfriend) who dwell someplace in an unknown residence … in Oakland,” Hayes wrote of the defendants.
Hayes used that info to start surveilling the suspects in Oakland and San Francisco and finally to get a warrant to look an residence allegedly linked to the defendants the place medicine had been found.
It’s unclear if the confidential supply utilized by Hayes is similar one Hayes is alleged to have had a relationship with.
Alvarez-Rivera was arrested and charged in April after police seized 10 kilos of fentanyl from a number of areas. The co-defendants—Gabriela Estrada and Anderson Hernandez-Ruiz—had pending drug sale instances after they had been arrested, however had been launched from jail on their very own recognizance.
“Taking drug sellers just like the alleged suspects on this case off the streets is vital to disrupting the move and sale of lethal medicine on our streets,” Jenkins stated in a press launch on the time.
The dismissal of the case towards Alvarez-Rivera and his co-defendants was a part of a bundle of instances dismissed this week over the identical troubled police officer.
Hayes, 42, was taken off the streets June 20 by chief’s orders pending the investigation into her alleged inappropriate actions. The 16-year veteran has labored in narcotics since no less than 2018.
“The purchasers are completely happy. I’m unsure in regards to the District Legal professional’s Workplace,” stated Alexander Golovets, the protection legal professional for Alvarez-Rivera.
Nonetheless, DA spokesperson Randy Quezada stated prosecutors may refile the costs if Hayes is ready to testify sooner or later. That can depend upon the end result of Hayes’ disciplinary case.
Friday morning’s dismissals had been simply three amongst no less than 22 which have been dismissed this week by prosecutors, in accordance with quite a few protection attorneys who’ve had instances dismissed because of Hayes’ involvement within the case. The dismissals may dent Jenkins’ and San Francisco’s efforts to scale back the open-air drug-dealing plaguing town.