friday, november4, 1977
daily nebraskan
State patrol answers legislative hearing questions
page 10
By Tarn Lee
The answers to 152 questions put to the Nebraska
State Patrol by a special legislative committee were made
public at a legislative hearing in the capitol Thursday.
Patrol Supt. Col. CP. Karthauser said the answers
were structured so that if they were released to the press
they would not harm the State Patrol's drug enforcement
program or endanger the lives of people cooperating with
the patrol in the program. He left the decision whether or
not to release the answers to the committee.
Karthauser said he was alarmed that the questions were
released to the press. The Associated Press obtained a
copy of the questions last week.
He said it was unfortunate that the questions were
printed, "but the damage is done, and I think there was
damage." He said he omitted anything from the report
that should not be made public.
Karthauser told the committee he would discuss the
answers in detail in a closed meeting.
Among the areas covered in the questions are use of
confidential informants, people who supply information
to the patrol, and cooperating individuals people who
work for the State Patrol and may or may not be paid.
Other questions concerned the death of Marvin
Gerhardt at the Nebraska Penal Complex last summer and
the procedures the patrol uses in investigating drug sales.
The special committee investigating the State Patrol
has met several times in private, but this is the first
meeting which has been open to the public.
Neligh Sen. John DeCamp, committee chairman, said
the purpose of the closed sessions was to brief the com
mittee members on the problems involved. He said many
allegations were made concerning practices of the State
Patrol, and many have since been proved false, DeCamp
aaid.
He added that the committee has not reached any con
clusions yet and still is studying a variety of allegations.
"We are striving to have the best system of law enforce
ment in the United States and we will leave no brick un
turned in the matter. But on the other hand, we will not
be capricious or irresponsible (in the investigation)
either," DeCamp said.
Lincoln Sen. Steve Fowler, vice-chairman of the com
mittee, asked Karthauser if he would give the committee
the patrol's distribution reports, from 1972-76, which
show the disbursement of state funds.
Karthauser, after consulting with legal advisers, said he
would not give those records to the committee.
Omaha Sen. Ernie Chambers asked Nebraska Att. Gen.
Paul Douglas to give his opinion on whether the State
Patrol could give the committee those records. Douglas at
first said his advice to the State Patrol would be to not re
lease the records.
"I don't think that privileged information should be
turned over to anyone," Douglas said.
Fowler asked Douglas why the committee did not have
the authority to look at the disbursement of state funds
by the patrol.
Douglas replied that copies of the approximately 3,000
) ill (r-
Photo by Ted Kirk
Captain Lynn Parks, Head of the State Patrol's Criminal and Drug division; Col. CP, Karthauser, State Patrol
Superintendent; and State Patrol Chief Legal Counsel Steve Shaw.
pages could be made available to the committee with the
names of informants deleted.
Chambers suggested that each informant be assigned a
letter so the committee could tell if the same 4 ion came
up often. The committee was looking for a paiter
Chambers said.
Following are some of the questions and answers on
State Patrol activities, listed by numbers.
44. Do you feel that confidential informants may some
times be justified in breaking the law to a minor extent
in order to get in with the right criminal element and
set up a bust? (i.e. make liquor available to minors,
smoke marijuana, etc.)
No, this is not an acceptable practice for cooperating
individuals or confidential informants.
45. Do you feel that there is any difference between sim
ulating the smoking of marijuana and actually smoking
marijuana?
Yes.
46. Have you any guidelines for confidential informants
with respect to simulated marijuana smoking?
There are no specific guidelines in this area for confi
dential informants as they only provide information. Co
operating individuals, however, are instructed about simu
lated marijuana smoking by their supervisors in the field.
47. When the Nebraska State Patrol receives word from a
confidential informant that a burglary may occur, is
anything ordinarily done to determine whether the
confidential informant or the suspect actually, set up
the burglary?
Yes. Efforts are always made to verify any informa
tion received and determine its credibility.
48. Who hires th cufuiential informants used by the
i i t rt. i r a in
iMeorasKa aiaie rairou
Confidential informants are not hired but may be paid
for information on a case by case basis by the investiga
tor. Cooperating individuals are hired by the investigators
of drug supervisors.
53. How is each confidential informant paid?
Confidential informants are paid in cash on a periodic
basis.
54. Are confidential informants ever paid so much for
each arrest? ,
Neither confidential informants or. cooperating indi
viduals are paid so much for each arrest.
55. Approximately how many confidential informants
now work for the Nebraska State Patrol on a salary
basis?
No confidential informants work on a salary basis. At
the present time there are 16 cooperating individuals
working for the State Patrol, however, this number fluc
tuates on a day-to-day basis.
63. Do you feel the Nebraska State Patrol was justified
in using ex-convicts as confidential informants? If so,
why?
Yes. Ex-convicts used as either confidential informants
or cooperating individuals are often very successful in
infiltrating the drug scene.
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