When
officers are working undercover, the measures they take to fit in and gain the
trust of those they are observing can lead some to develop inappropriate
relationships, and even become corrupted themselves, according to criminology
experts.
"When
your job is defined as being part of a criminal enterprise, and to gain trust
you have to go into and adapt to that environment, you run the risk of actually
being captured by that environment or at the very least influenced by it,"
says Jack Greene, a professor of criminology and criminal justice at
Northeastern University.
In
the case of recently fired Fitchburg police Lt. Joaquin Kilson, a former
undercover drug officer and much-lauded member of the department and the
community for his service, it has yet to become apparent what the true nature
of his relationship was with Lazaro Paulino. The 36-year-old Paulino was
indicted on two cocaine trafficking charges during Operation Red Wolf, a
two-year, multi-agency investigation into gang activity and drug trafficking in
the city that culminated in January with the arrests of 16 individuals.
Personnel
charges that led to Kilson's firing include untruthfulness, improper
associations and conduct unbecoming of an officer.
"Conduct
unbecoming of an officer' is like
'disturbing
the peace,'" Greene said. "It could be any number of things."
He
said such a charge could even result from carrying on with too many sexual
partners, having a gambling problem, public inebriation or poorly representing
the Police Department on or off the job in some way.
Police
Chief Robert DeMoura has said Kilson lied about his associations with Paulino
to the FBI, and that their relationship compromised another, unrelated
investigation. An internal investigation found Kilson had maintained regular
social and telephone contact with Paulino, as well as stayed at his home in the
Dominican Republic.
Undercover
relationships are often very complicated situations in which it is difficult
for someone "to maintain his own moral balance in what is an immoral
culture," Greene said.
"You're
often there by yourself, in this group of people suspected of having criminal
leanings who may be seriously vile, sitting amidst them," he said.
"You have to lie a bit, make yourself look tougher than you are, and do
things you normally wouldn't do to win their acceptance."
Peter
Manning, also a professor of criminology at Northeastern, said undercover
officers often integrate themselves in the culture of those they are
investigating.
"Officers
may dress like those they are working with or working on. They may use same
language, they may go to same bars, clubs, engage in the same drinking and
smoking activities as those they are policing," said Manning. "The
problem comes in how to maintain distance and objectivity when you see yourself
mired in the activities of those who you are supposed to be policing."
Undercover
officers often have to break the law themselves in these situations, and look
past those around them engaging in illegal activities in order to collect
evidence necessary for later prosecution, in an attempt to benefit the greater
good.
An
officer has to become like a "legal chameleon" in order to get inside
a criminal enterprise, Greene said.
While
policies vary from department to department and agency to agency, undercover
officers are often given considerable freedom and little supervision in their
activities, Manning said.
"It's
easy to be a little sloppy in the paperwork, or become involved in the work
they're engaged with -- the outcomes can be quite various," he said.
"Because the job involves lying and misrepresentation and pretending to be
something you are not repeatedly, it's very easy to blur the lines."
When
working undercover, it's important for officers to maintain an arm's length
relationship with their subjects, DeMoura said. Some drug detectives work only
a short time before moving on to another assignment, he said.
"You
have to keep (interactions with suspects and others) professional
relationships. It's a job," DeMoura said. "I think the vast majority
of officers know when it's time to move on to a different department."
The
longer an officer works in undercover situations, the more susceptible he or
she becomes to corruption, Greene said.
When
it comes to undercover work in the drug world, officers often encounter many of
what Manning calls "invitational edges" into criminal activity. They
are often given sums of money to engage in buys, and some may be tempted by the
prospects of lying about events in order to steal that money, or to pocket
other money or drugs seized in the course of enforcement, he said. They may
then decide to sell those drugs, have someone else sell them to assist in
making a profit, use them to pay their informants, or use them personally, he
said.
In
some instances, officers, undercover or not, may simply "look the other
way" when it comes to the illegal activities of those who they've become
close to, and in others, actually assist the drug trade.
DeMoura
has remained mum about whether Kilson will face any criminal charges due to his
relationship with Paulino.
If
the actions of a police officer compromise an investigation, that officer could
be charged with obstruction of justice, Greene said.
Officer
Keith Bourne, president of the Fitchburg police officers' union, maintains that
Paulino, whom he said had been selling real estate and used cars while engaging
in alleged cocaine dealing, used his friendship with Kilson as a means of
bolstering a reputable front that served to hide his illegal activities.
Kilson
is appealing his discharge from the department with the help of the union.
Manning
said it is very difficult to fire a police officer in Massachusetts, and that
unions will sustain the positions of officers faced with career-threatening
terminations.
"Usually
in policing, people are offered an opportunity to retire or resign before any
direct suspension or firing occurs, so this suggests they've viewed it as a
very serious matter," Manning said. "It's a pretty serious kind of
punishment. It's presumable (that to the chief, Kilson's relationship with
Paulino) involves much more than friendship."
Had enough?
Write to the Speaker of the House, U.S.
House of Representatives, Washington, DC 20515 and demand federal hearings into
the police problem in America. Demand
mandatory body cameras for cops, one strike rule on abuse, and a permanent DOJ office on Police Misconduct.