FBI MISCONDUCT IN CASE OF JOE EXOTIC

Briefing Document: Review of FBI Misconduct Allegations in the Joe Exotic Case
Lack of integrity in investigation and reliability of key witnesses.

VIEW GOVERNMENT MISCONDUCT IN CASE OF JOE EXOTIC REPORT:
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Executive Summary:

This document reviews misconduct and questionable investigative practices by FBI Agent Matthew Bryant and other individuals involved in the case against Joseph Maldonado-Passage (Joe Exotic).

The central themes revolve around Agent Bryant's inappropriate relationships with Confidential Human Sources (CHSs), obstruction of justice, mishandling of evidence, and a bias that influenced the direction and outcome of the investigation. 

The document raises serious concerns about the integrity of the Joe Exotic investigation and the reliability of key witnesses.

Key Themes and Findings:

1. Inappropriate Relationships with Confidential Human Sources (CHSs) and Potential OPR Violations:

• Unauthorized Assistance with Local Law Enforcement Matters: Agent Bryant  intervened in a local police investigation involving CHS Jeff Johnson, potentially disclosing Johnson's identity as a federal source. The document states, "A federal Agent intervening in a confidential human source’s (CHS) local police matters is inappropriate and would be a potential Office of Professional Responsibility (OPR) violation...in “fixing” Johnson’s problem with the Norman Police, it can be assumed Bryant disclosed Johnson’s identity as a federal government CHS which is another potential OPR violation." This suggests a misuse of authority and a compromise of source confidentiality. Bryant's response to Johnson's question about working with "Paul" with "Lol..." followed by "...I can't say but you can read between the lines" is presented as another instance of potentially burning a source.
  
  
• Lack of Official CHS Designation and OIA Approval: The document questions whether Bryant properly operated Johnson as an official CHS and whether "OIA approval [was given] nor authority to disclose identities." The document indicates that James Garretson was the only official source, referred to as CPI-481.
  
  
• Use of Personal Cell Phone: Bryant provided his personal cell phone number to CHS James Garretson, creating an extreme vulnerability for potential discovery issues. "This opened the door to compelling Bryant not to turn over his personal phone for examination of relevant content to be turned over to the defense for discovery."
  
  
• Getting Too Close to Sources: The report states Bryant became too friendly with Garretson, potentially compromising his objectivity. For example, Bryant says to Garretson, "Dude, just you and I have developed a friendship and I think it's the real deal."

1. Potential Obstruction of Justice and Interference with Other Investigations:

• Advising Jeff Lowe on Dealing with a USDA Investigation: Bryant advised Lowe on how to be uncooperative with USDA investigators, obstructing a USDA investigation. "Bryant is interfering with/obstructing another federal agency’s investigation by counseling Lowe not to cooperate. This is an OPR violation." The document also highlights Bryant's concern about being recorded during this conversation.
  
  
• Disclosing Prosecution Strategy and Attempting to Prejudice Jury: Bryant revealed the prosecution's strategy regarding the motion to sever the animal abuse counts from the murder-for-hire charge, indicating an intent to prejudice the jury. "Bryant then explains to Lowe the prosecution’s strategy of opposing the motion to sever the animal abuse counts from the murder for hire...This is a potential OPR violation by Bryant in disclosing. Also, it appears there are ethical issues with prosecutors intentionally attempting to influence/prejudice a jury."
  
  
• Violating Court Orders: Communicating with witness James Garretson during the trial. "At 7:34 minutes into the conversation, Bryant says, “Me commenting what I told you the other day about that plea, you never heard that.” The conversation continues and Bryant advises “Yeah, because I'll get my ass in jam.” Bryant has violated a court order about communications with witnesses during the trial. This is a major OPR violation and more."

1. Mishandling of Evidence and Questionable Authenticity:

• Altered and Edited Text Messages: The document raises concerns about the authenticity of text message conversations provided as evidence, suggesting they were "edited, altered, and/or unprofessionally redacted." and included "misshapen" balloons as a result of photo editing. The integrity of these conversations is questioned, with suggestions that they were "cut and pasted in the wrong order" or incomplete. The report calls for a forensic analysis of the devices used in the text exchanges.
  
  
• Improper Handling of Electronic Evidence: The method of extracting and preserving electronic evidence, particularly recordings, is inadequate and lacking proper protocol. The document argues that "steps were taken to preserve the integrity of electronic evidence." The conversations were obtained by taking "the little wheel out of the recorder, or whatever, and then you would plug it into your laptop and download it right then.”
  
  
• Failure to Investigate Threats of Violence: Despite evidence suggesting a credible threat against Jeff Lowe by Jeff Johnson, the document alleges a failure to adequately investigate and take appropriate action. “Garretson advises Johnson he supports the idea, but he should do it away from the park...Garretson is conspiring to commit murder with Jeff Johnson." Bryant's lack of urgency or genuine concern for Lowe's safety in the immediate aftermath raises serious questions about his motivations.

1. Witness Credibility and Bias:

• Questionable Credibility of Key Witnesses: There are inconsistencies and potential deception in the accounts of key witnesses, particularly Allen Glover. "The credibility of the story provided by Allen Glover to investigators is suspect. There are multiple indicators of deception. Investigators do not adequately press Glover. Were any polygraphs done or anyone even asked?" The investigators are accused of not pressing Glover hard enough to expose these lies.
  
  
• Pre-determined Conclusion and Confirmation Bias:  Bryant approached the investigation with a pre-determined conclusion, selectively using evidence to fit that narrative. "Bryant appears to investigate with the goal of finding and fitting the facts to his foregone conclusion. Witnesses are believed at face value when it fits and accused of lying and discounted when it does not. Evidence is collected and used when it fits and ignored or discarded when it does not."
  
  
• Lowe's Manipulation:  Lowe frequently attempted to manipulate Bryant, such as by producing fake texts to incriminate Maldonado. The document notes that "Lowe admits to making a “faked text,” what other texts were fake?"

1. Investigative Shortcomings:

• Lack of Surveillance and Wiretaps: The report questions why standard investigative techniques, such as 24/7 surveillance and Title III wiretaps, were not utilized, especially given the alleged threats of violence.
  
  
• Undercover Operation Deficiencies: The undercover operation is criticized for its limited scope and lack of documentation.
  
  
• Bryant stated they needed to show an overt act before the arrest.

Quotes of Significance:

• "A federal Agent intervening in a confidential human source’s (CHS) local police matters is inappropriate and is a Office of Professional Responsibility (OPR) violation."
  
  
• "Bryant is interfering with/obstructing another federal agency’s investigation by counseling Lowe not to cooperate. This is a OPR violation."
  
  
• "Me commenting what I told you the other day about that plea, you never heard that...Yeah, because I'll get my ass in jam." - Agent Bryant, admitting to improper conduct.
  
  
• "B - I just don’t want to introduce any facts that are not true or previously known to us by Glover or Joe statements." - Agent Bryant
  
  
• "B – The MFH is our best option to get him indicted quick. The other stuff will be charged later." - Agent Bryant.
  
  
• "Wonder if you can help...Is there any way you guys could step in asking for a delay in all civil matters, claiming that this park is a potential crime scene for violations against the endangered species act?" - Jeff Lowe asking Bryant to intervene in his civil case.

Recommendations:

• A thorough internal investigation should be conducted by the Office of Professional Responsibility (OPR) to assess the validity of these allegations.
  
  
• The integrity of all evidence used in the case against Joe Exotic should be re-evaluated.
  
  
• Consideration should be given to whether these allegations constitute Brady or Giglio violations, potentially impacting the fairness of the trial and the validity of the conviction.
  
  
• Training should be reinforced regarding ethical conduct, proper handling of CHSs, and evidence preservation for all FBI agents.

This briefing document is a comprehensive overview of the serious concerns raised in the provided excerpts. Further investigation is warranted to determine the extreme extent of additional misconduct and the amount of impact the misconduct had on the outcome of the Joe Exotic case.