Defense questions handling of evidence

Defense attorneys Monday alleged more government misconduct as an evidentiary hearing explored whether federal agents acted inappropriately in a 15-month sting operation designed to catch Las Vegas' most violent criminals.

Shari Kaufman, who represents Christopher Sangalang, tried to show that agents decided which audio and video clips to store for evidence and which to trash during their operation inside a bogus tattoo shop set up on Highland Drive between September 2007 and May 2008.

In doing so, Kaufman suggested, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives agents failed to keep snippets that proved a government informant coerced her client into participating in a home invasion at a drug stash house in May.

The defense attorneys, representing six defendants snared in Operation Sin City Ink, allege that undercover agent Peter McCarthy entrapped their clients and engaged in "outrageous conduct" by smoking an illegal substance during the operation. His actions were recorded on surveillance tape. The attorneys have asked that charges including possession of unregistered weapons and possession of illegal drugs be dismissed.

Kaufman said the informant threatened to kill Sangalang's family if he did not take part in the bogus robbery. Although the threats were made inside the tattoo parlor, which housed microphones and video cameras that provided live feeds to ATF supervisors, no video or audio exists of that conversation, she said.

She questioned whether federal agents provided weapons to the six suspects on May 15, the day of the planned home invasion and when the defendants were arrested. ATF Special Agent McCarthy said the suspects, mostly gang members who hung out at the tattoo parlor, hid their weapons inside the shop.

Kaufman said there is no video showing the defendants hiding guns or other weapons.

"Should those have been destroyed?" she asked.

She asked McCarthy why audio of agents speaking to each other is muffled by static while the suspects' voices are almost perfectly clear.

In reviewing video Monday, McCarthy said it appeared the air-conditioning unit kicked on during some of the agents' conversations.

The defense attorneys allege McCarthy smoked illegal marijuana during the operation; McCarthy said he was smoking a legal substance called Wizard Weed. He said the substance smells like marijuana but does not contain THC, the active ingredient in the illegal drug.

Defense attorneys said that in the 220 reports filed by agents, not one mentions the use of a bogus controlled substance. The first time it is mentioned is in September after defense attorneys questioned what McCarthy was smoking on the videotape.

"You'd have to be an idiot to do drugs on a live video feed," he said.

Kaufman said McCarthy appeared paranoid when smoking the substance, frequently glancing over his shoulder. She dismissed his response that he feared for his life because agents had been shot in the line of duty. Kaufman said that McCarthy once handed Sangalang a loaded weapon.

"You chose to give somebody you knew was a gang banger a loaded weapon?" she asked.

"There was a level of trust," he said. "In hindsight, it might not have been the smartest thing."

Contact reporter Adrienne Packer at apacker@reviewjournal.com or 702-384-8710.