Drug conviction reversed after identity of informant not disclosed

By Brian Cole

Published on April 12, 2006

The cousins' attorney, Kathleen Colton, argued for the case to be overturned on two points. It was her contention that the identity of the informant should have been revealed, and the informant should be questioned because he entrapped the defendants.

The court agreed with Colton's first point and declined to investigate whether prosecutors had proven the cousins were not entrapped.

According to court documents, the cousins were approached by a man who asked them to help him sell cocaine. Although they testified they had no previous experience selling drugs, they said the informant insisted on introducing them to his supplier. The "supplier" was an under cover Aurora, Ill. police officer who continued to call the cousins and ask them to buy drugs. The cousins said they felt they might be in danger if they did not complete the sale and, subsequently, arranged for someone to carry out the purchase.

The state's attorney's office said they must now decide whether to appeal the Supreme Court or bring the case back to the county.

Froilan and Juvenal Martinez had been sentenced to 15 and 17 years in prison, respectively.

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