-Caveat Lector- http://www.dailypress.com/columnists/stories/spencer.htm Wednesday, Oct. 27, 1999 When paid thugs sidestep the law, where is justice? Think of former Drug Enforcement Administration agent Ted Hindes as a federally protected witness. Not the kind of witness who needs to be guarded from the criminals he helps convict, but the kind the United States government shields in order to thwart justice. Hindes is a critical witness in the case of Joseph Armento, another DEA agent. Armento is charged with shooting two civilians after a night of drinking at a Hampton bar. Hindes was a witness to the shootings of Jason Temple and Joseph Turk. But Hindes did not appear in Judge Chris Hutton's circuit courtroom Tuesday because the DEA and the U.S. Justice Department effectively hid him from local prosecutors until he could resign from the public payroll and disappear somewhere into south central Texas. Hampton's chief deputy commonwealth's attorney, John Haugh, said the federal agencies promised to get federal drug cops to testify at Armento's trial, so long as the city made all the proper legal requests. Only by the time the obligatory letters had been written, Hindes had resigned and flown the coop. Two weeks ago, the DEA claimed it couldn't find him, Hampton prosecutors said. The DEA had allowed Hindes to resign without leaving a forwarding address. All the feds said they had was a phone number. No wonder America is losing the war on drugs. Either the feds are incompetent or they're corrupt enough not to care about bringing their own people to justice. Using the single, pathetic lead the DEA provided, a Hampton detective did manage to get Hindes on the phone. But he refused to cooperate, and, of course, DEA and Justice have washed their hands of him. Hindes' absence from Armento's trial created a convenient straw man for Armento's defense. Attorney John Fletcher accused Hindes of shooting Temple in the chest as Temple backed his truck away from a confrontation with three allegedly drunken DEA agents. Hampton detectives have contended from the beginning that Armento was the only federal agent who fired a weapon in the parking lot outside Rooney's Grille & Bar shortly after midnight on Jan. 14. The cops didn't charge Armento with shooting Turk, because Turk pulled a gun of his own. But Fletcher seized on Hindes' behavior on the night of the shootings and his failure to appear to create an easy theory for his client's innocence. A man matching Hindes' description stood in front of Temple's truck with a drawn gun shortly after Temple was shot. Hindes ran from the shooting and was found hiding on the property of the Gateway computer company almost a mile away. The Hampton cops had to pick him up and return him to the scene. Sure, Fletcher admitted, the gun taken from Hindes that night didn't appear to have been fired. But Hindes "fancied himself something of a marksman," Fletcher said. He was known to carry two guns, including one of the same make that Armento fired that night. The police never searched the area at Gateway for a weapon, Fletcher said. And at one point Hindes actually had Armento's weapon in his hand. So what if the other federal agent on the scene, Paul Moloney, says Hindes got Armento's gun after the shooting stopped. Moloney has given conflicting statements about what happened. Plus, he was so ripped that he punched Hindes in the mouth while the two of them were in a drunken argument inside the bar. That fight is what actually set the stage for the shootings outside. Hindes, Moloney and Armento got bounced from the bar and were fuming in the parking lot when Temple, Turk and a friend left. Everybody who saw what followed is a crucial witness. With Hindes unavailable to tell his side of the story, the defense is sitting pretty. Many other witnesses are tainted by inconsistencies in their testimony or criminal conduct. Besides, the way the system works, innocence is presumed. It's up to prosecutors to make a nearly airtight case. The truth is, all Armento needs is reasonable doubt, and no one will answer for the slug that nearly killed Temple. Blood tests revealed that Temple was legally drunk on the night of the shooting. He also tested positive for cocaine and Benzodiazeprines that depress the central nervous system. Police found small quantities of cocaine and marijuana in his truck. But Temple was not a suspect in a drug raid. All Temple did to invite the DEA's wrath was jawbone with one of its drunken agents in a parking lot. That was all he could have done. Temple was unarmed when he was shot. He may not be a perfect victim. But his behavior pales in comparison to that of the federal agents and agencies sworn to uphold the law. On Tuesday, the DEA and the Justice Department refused to comment on their subversion of Armento's prosecution. Why not act superior and arrogant? There's no good way to explain how you're a taxpayer-funded police agency, yet you try to hide your employees' criminal behavior behind a bureaucratic stonewall. If Joe Armento walks, DEA Director Thomas Constantine should change the name of his agency to the Thug Reinforcement Administration. And U.S. Attorney Helen Fahey may be sure that if she ever seeks higher office, the people putting her there will hear about her department's double standard. Think about this: If Ted Hindes had not been a federal agent he would have been in court Tuesday or under indictment for obstructing justice. If Joe Armento was not still a federal agent, the only interest the government would have in his case is holding him accountable. Instead, one level of government appears to be trying to torpedo another in order to bleach its dirty laundry. Sadly, that's not a surprise. This case has reeked of ineptitude and/or cover-up since the shooting. It doesn't smell any better after a day in court. Jim Spencer can be reached at 247-4731 or by e-mail at [EMAIL PROTECTED] or Talk Back to Jim Spencer at http://dailypress.com/spencerfeedback.htm Copyright © 1999 The Daily Press -- ----------------------- NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml ----------------------- DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! 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