York, PA - The state Superior Court on Nov. 19 overturned a York County court ruling that held the York County District Attorney's Office in contempt for refusing to release the name of a confidential informant.
Former District Attorney Stan Rebert originally appealed the ruling made by York County Judge Michael Brillhart in a 2009 drug case. Tom Kearney, the current DA, led the appeal after he took office this year.
Brillhart levied the $5,000 contempt sanction against the DA's office in August 2009 when senior prosecutor David Maisch defied Brillhart's pretrial order to supply the name of an informant to the defense.
"I have the highest respect for the judge who made the decision, but we decided
the ruling was wrong -- and we can all be wrong sometimes," Kearney said Friday of Brillhart's ruling.
During a hearing in 2009, Rebert decided to drop the drug charges against Douglas McClain Jr. of Baltimore rather than reveal the identity of the informant.
Brillhart ruled the informant was a witness and involved in the drug transaction, and ordered the release of the person's identity.
Maisch discussed the ruling with his superiors before refusing to identify the confidential informant.
"You've got to stick with your decision to withhold information," Rebert said Friday. "Sometimes you've got to stand your ground, but remember to evaluate things on a case-by-case basis."
A court can limit the types of sanctions imposed as
a result of discovery rules, according to documents for the appeal of the district attorney's office. Once the drug charges were dropped, the issue of contempt should have ended, the documents state.
The state's District Attorney's Association has contacted Kearney for additional information about the case to provide as an example for action other DA's can make in similar cases.
"We must consider the risks of the informant who we promised anonymity," Kearney said. "People can be pretty
dangerous, and there is always concern for the safety of a confidential informant."
rlefever@ydr.com; 771-2088
The drug case
Douglas McClain Jr. of Baltimore was arrested on charges of possession with intent to deliver 1 1/2 pounds of marijuana in January 2009.
York County Drug Task Force members and York City Police officers met with a confidential informant who arranged to purchase the marijuana from McClain, according to court documents. McClain drove from Baltimore with the marijuana, was pulled over and arrested in York, court documents state.
The York County District Attorney's Office later dropped the charges against McClain to avoid identifying the informant.
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