A Hamilton County judge has questioned the judgment of prosecutors and a Chattanooga police officer in a drug case involving a confidential informant.
Wendell Glass, 50, is charged with one count of unlawful possession of cocaine for resale. Glass was indicted after cocaine was recovered from his bedroom during a 2021 warranted search of his Hal Drive home.
Chattanooga Police Officer Kenneth Scriven obtained the warrant based on information from a confidential informant.
Glass’ attorney, Ryan Wheeler, requested an evidentiary hearing to determine whether that warrant was legally obtained.
The alleged details about Scriven and his relationship with confidential informants were laid out Friday in front of Criminal Court Judge Barry Steelman.
In early 2021, the Chattanooga Police Department’s narcotics unit confirmed a confidential informant they were using had been caught planting evidence in the homes of potential defendants during illegal narcotics transactions, according to prosecutor Kelli Black.
There were 11 people who were criminally charged as a result.
Once the information about the confidential informant was made known, former District Attorney Neal Pinkston quickly dismissed and expunged those cases, according to Black.
The confidential informant is believed to have been prosecuted for planting the evidence, according to Black.
Scriven had a relationship with that confidential informant. Wheeler has alleged that Scriven handled 10 of those 11 cases, but it was not confirmed in court Friday.
Later that year, Scriven was allegedly approached by a different confidential informant who told him Glass was selling cocaine.
The informant then allegedly made at least two controlled drug buys from Glass at his home, according to the officer’s affidavit.
Scriven used the information to draft an affidavit and obtain a warrant.
Five weeks later, Chattanooga police executed a search of Glass’ home and allegedly found marijuana, cocaine, cash and a digital scale.
Since Scriven allegedly previously handled several botched cases with a confidential informant, it could have happened again in Glass’ case, Glass’ defense attorney argued.
“I think the defendant’s argument is, why should we trust the officer did any better this time?” Steelman said.
There was nothing in Scriven’s warrant that indicated a deliberate falsehood or reckless disregard, according to Steelman, so he ruled against allowing an evidentiary hearing.
Scriven has also never been disciplined or reprimanded in connection with his relationship with confidential informants, Black said.
The defense didn’t meet the legal burden needed to question Scriven’s warrant, but Steelman was still vocal about his concerns.
When an officer uses a confidential informant, there are certain protocols that must be followed.
For example, an informant must be searched prior to a controlled drug buy, and two officers must be present at the time, department policy shows.
There is also certain evidence that would exist such as marked cash and drugs from a controlled buy.
Most times that evidence is never made public in an attempt to protect the confidential informant’s identity.
(READ MORE: Hixson man guilty of 55 firearm charges to serve probation)
Steelman said he wasn’t attacking prosecutors, but he believed they should do more than take Scriven’s word in this case and personally inspect the evidence.
When Steelman was previously an assistant district attorney, he didn’t trust all officers, he said.
“The bad apple is not only the CI,” Steelman said. “Scriven has some responsibility too.”
Last week, the Chattanooga Police Department was asked questions about the allegations against Scriven by the Chattanooga Times Free Press, and two spokespeople didn’t respond.
Steelman instructed prosecutors to corroborate Scriven’s statements by checking the marked bills, the drugs, the existence of a second officer and so on ahead of trial, but the state asked Steelman to order them to do so in writing.
If found guilty, Glass is facing 12 to 20 years in prison, Steelman said.
It’s understandable that a man whose entire life is on the line would want to be sure the evidence against him exists and protocols were followed, Steelman said.
Steelman said he wasn’t going to order prosecutors to do what ethical prosecutors should.
“I just don’t understand why you wouldn’t want to know,” Steelman said.
Contact Sofia Saric at ssaric@timesfreepress.com or 423-757-6476.