The use of confidential informants by law enforcement is often shrouded in mystery and sometimes tragedy. That's the subject of legislation currently being considered in the Virginia Senate.
"We should never be giving someone money and asking them to go buy drugs when they are struggling themselves with the disease of addiction. This shouldn't happen to anyone," says Donna Watson, a mother who is grieving the loss of her son. He was struggling with a drug addiction when law enforcement approached him to purchase drugs as a confidential informant. He died of a fentanyl overdose, and now she's asking members of the General Assembly to take action.
"It doesn't make any sense that if you are on probation for drugs, they catch you using drugs then say, 'OK, don't do it again' and send you back out time and time again," Watson says. "He begged them that he could not do this. I begged them. I couldn’t help my son while he was here. But we can certainly help someone else. This is still going on today."
Republican Delegate Mike Cherry of Colonial Heights introduced a bill that would create a new model policy for confidential informants, requiring that probation officers and prosecutors are in the loop with law enforcement. Senator Creigh Deeds is a Democrat from Charlottesville who says confidential informants are not just important to prosecutors. They can also be significant to help undermine prosecutions, leaving the confidential informants caught in the middle.
"As somebody who tries cases, I love to have confidential informants on the stand," Deeds says. "They make the best witnesses for the defense."
The bill has already been passed the House, and is expected to be considered on the Senate floor this week.
