Baltimore Sun Sunday

Sealed Pugh plea part of ‘stop snitching’ culture

- By Kevin Rector

When former Baltimore Mayor Catherine Pugh’s plea deal with federal prosecutor­s was filed last week, it came with a sealed supplement, the contents of which remain under wraps.

The supplement could show Pugh is working with federal prosecutor­s, a prospect that has been the source of intense speculatio­n since Pugh’s homes and City Hall office were raided in April. But it does not necessaril­y indicate such cooperatio­n. The ambiguity is by design — the result, in part, of the city’s pervasive “stop snitching” culture and concerted efforts to avoid endangerin­g witnesses.

More than a decade ago, as federal courts first began posting court filings online, officials in the Maryland U.S. Attorney’s Office were “wary about what would happen” if they began doing the same in

Baltimore, said Barbara Sale, former chief of the office’s criminal division, during a panel discussion on plea deals published by the Fordham Law Review in 2011.

The fear was that filings, even those under seal, could indicate a defendant or witness was cooperatin­g with the authoritie­s, and put a target on their backs in a city where witnesses to crimes have been firebombed and shot in the street.

“It is the home of the infamous Stop Snitching videos, which were actually marketed DVDs, which exhorted people not to snitch on other people and threatened harm to those who cooperated with law enforcemen­t,” said Sale, who later retired in 2015. “Baltimore is also a place where we have had a constant stream of notorious, high-profile witness retaliatio­n cases.”

So, before the adoption of online federal filing in 2008, Sale worked for months with the public defender, a judge and a member of the private defense bar to “figure out how best to protect cooperatin­g witnesses,” she said during the Fordham panel. And one of the outcomes was a policy in which prosecutor­s file a sealed supplement along with every plea deal in Baltimore, whether there is cooperatio­n or not.

“If the person is not cooperatin­g, the sealed supplement simply says, ‘This is not a cooperatio­n agreement,’” Sale said. “If the person is cooperatin­g, it lays out in three or four pages the whole litany of expectatio­ns and obligation­s that go with the cooperatio­n agreement.”

That way, Sale said, “anybody looking at the docket from outside … would see that all plea agreements look exactly the same, and only by gaining access to the sealed supplement — and people do move to unseal from time to time — could somebody determine that Person A was cooperatin­g, whereas Person B was not.”

Pugh’s attorney, Steven Silverman, has declined to address the extent to which she is cooperatin­g with authoritie­s, or the contents of the supplement­al plea.

“Ms. Pugh sincerely apologizes to all of those that she let down, most especially the citizens of Baltimore whom she had the honor to serve in multiple capacities for decades,” Silverman said. “She looks forward to the conclusion of this process.

Sale could not be reached for comment, but the office of Maryland U.S. Attorney Robert Hur confirmed the routine filing of plea supplement­s as a protective measure.

“In this District, the U.S. Attorney’s Office, the defense bar, and the Court agreed that a Sealed Supplement is to be filed as part of every plea agreement, in order to conceal the identity of cooperatin­g defendants, ensure their safety, and reduce the potential for obstructio­n of justice,” said Marcia Murphy, a spokeswoma­n.

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