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Prosecutors

Pennsylvania Judge Fines DA’s Office for Failing to Disclose Informant

Posted Aug 5, 2009 11:26 AM CST
By Debra Cassens Weiss

A district attorney’s office that refused a Pennsylvania judge’s order to reveal the name of a confidential informant has been held in contempt of court and fined $5,000.

Prosecutors in the York County District Attorney’s office dismissed charges against a drug defendant in an effort to avoid having to reveal the informant’s name to the accused man, the Daily Record reports. But the dismissal did not affect a contempt finding by Judge Michael Brillhart, the story said.

The drug defendant, Douglas McClain Jr. of Baltimore, had sought the name of the informant who arranged to buy marijuana from him, leading to his arrest on charges of intent to deliver 1½ pounds of marijuana.

District Attorney Stan Rebert said he plans to ask Brillhart to reconsider or to appeal the decision. First Assistant District Attorney Jeffrey Boyles told the newspaper that the office refused to release the informant’s name for two reasons—"partly because it is safety-related and partly because we think the judge made the wrong decision."

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