Informant in Carman kidnapping case speaks with Narco News

Late last month a jury found Carman guilty of conspiring to kidnap a U.S. citizen in Mexico.

The case that led to Carman’s conviction is tangled in contradictions as Narco News reported previously.

Those contradictions were magnified recently when an FBI informant contacted Narco News and in so doing raised some serious concerns about the government’s case against Carman. Curiously, at the time the informant reached out to Narco News, the FBI claimed he was on the lamb and would not be available for Carman’s trial.
Carman contends that the U.S. government framed him because of his whistleblowing activity. Carman was forced out of the U.S. Customs Service in 1997, he claims, after seeking to expose alleged corruption within the agency. (U.S. Customs has since been folded into Immigration and Customs Enforcement — or ICE.)

Carman moved on to become a private investigator, but continued to operate a Web site [ customscorruption.com] for years that regularly embarrassed law enforcement officials by publishing documents and stories focused on corruption within federal law enforcement.  

The FBI complaint against Carman describes the alleged kidnapping victim (identified only as K.A.M.) as the former spouse of Carman’s supposed co-conspirator — who is referred to as G.L. in the complaint.

However, later pleadings filed by the government in the case refer to K.A.M. as the “ex-girlfriend” of G.L.

That contradiction is minor compared to the other opposing threads running through this case — many of them marked by odd coincidences.

The assignment that G.L. retained Carman to pursue is not pretty, but then PI work has that reputation.

Carman believed K.A.M. was a meth addict and that he was working with a legitimate Mexican law enforcement official in an effort to get K.A.M. arrested for drug possession in Mexico during her vacation there. The goal, Carman believed, was to give his client, G.L., an advantage in a child custody battle. As payment for his services, Carman expected to eventually receive a portion of the bond money paid for K.A.M.’s release.

The FBI, however, sees things differently, based on the story of their informant, who happened to be Carman’s Mexican “law enforcement” contact. That informant, Eloy Fernandez, approached the FBI in February of this year claiming that Carman was planning to stage a “mock” arrest of K.A.M. in order to collect ransom money. In other words, the FBI alleges that Carman was attempting to kidnap K.A.M. — with the informant only posing as a Mexican law enforcement officer.

The FBI arrested Carman in San Diego in March of this year and he has been sitting in prison ever since. Carman is now awaiting a Jan. 28, 2008, sentencing date for the crime of conspiracy to commit kidnapping and could be sent away for life.

Why the jury convicted Carman is not clear, since his lawyer, Knut Johnson, was not able to speak with the jury members to discuss their reasoning. U.S. prosecutors handling the case have failed to return phone calls made by Narco News.

What is clear, though, is the fact that the government’s entire case was based on the word of the informant Fernandez and a series of recorded phone calls and e-mails involving Carman and the informant.

In this case, the devil is in those details.

The informant

Fernandez, a former Mexican cop, has a long history as a U.S. government informant. In fact, he worked for both ICE and the FBI at the time of Carman’s case and over the course of his career as an informant was paid some $300,000 by the U.S. government, according to court pleadings in Carman’s case.

The FBI’s complaint against Carman acknowledges that Fernandez’ “criminal history includes convictions for being an illegal alien found in the United States without permission and for making false statements to law enforcement officers.”

Court pleadings filed by Carman’s attorney add a bit more context:

On July 23, 2007 this Court held a status hearing in this case. At that hearing, the defense noted that the informant [Fernandez] in this case had a prior conviction for falsely accusing a law enforcement officer of a crime. In that case, the informant had made that false accusation “because he was concerned about his immigration status, was facing exclusion from the United States, and had concluded that by making the false statement to law enforcement agents he could get them to allow him to remain in the United States to assist in an investigation of his claims.”

… In addition, the just released [informant] source files show that the U.S. Customs (Mr. Carman’s former agency) was trying to utilize the informant as a documented informant at the same time that he was providing information to the FBI. In addition, the just provided documents provide proof that the defense can use to argue that Customs falsified a report before providing it to this Court about this case.

So Fernandez, a convicted liar, approached the FBI in late February of this year claiming Carman was intending to kidnap a U.S. citizen. Based on Fernandez’ word, the FBI opened a case against Carman and wired up the informant.

Carman’s attorney, Knut Johnson, argues that the resulting recorded phone calls and e-mails between Carman and Fernandez were a sham, with the informant purposefully engaging in conversation that would make Carman look bad in the eyes of a jury. Fernandez’ goal, Johnson claims, was to make a case for the FBI, at any cost, in order to curry favor with the government in the hopes the FBI would help him gain citizenship status in the United States.

In fact, Johnson alleges that Fernandez helped ICE make a case against another individual that led to an arrest on Jan. 27 of this year, but ICE “failed to give him a green card.”

Johnson also points out that, at trial, Fernandez claimed Carman initially wanted only to have K.A.M. arrested. Johnson says Fernandez testified that the effort did not turn into a kidnapping plot until February 2007 — after Fernandez failed to get a green card from ICE. It was at that point that Fernandez approached the FBI with the kidnapping claims concerning Carman.

But that is not the only case of strange timing in this sordid tale of justice. Strangely, shortly after Carman’s indictment in April of this year, the government told the court that they had lost contact with Fernandez and would not be able to produce him at trial.

As a result, the government wanted to rely on the taped phone conversations and e-mails between Carman and Fernandez to make their case to the jury. It seemed a convenient way to prevent the informant Fernandez from being cross-examined by Carman’s attorney in relation to his credibility issues.

Johnson expressed his frustration with that fact in pleadings he filed on Sept. 11 with the court:

The government recently revealed to the defense that they had lost the informant and would not call him as a witness at trial. However, despite knowing that the defense considered the informant a vital witness and, therefore, had moved for his production the government never told the defense that they had lost the informant until ordered to do so by the Court, approximately three months after losing him.

In response to the government’s claim to the court that it could not find the informant Fernandez, the judge on Sept. 11 issued a ruling that barred the government from introducing any of the informant’s statements on the tapes.

In essence, the government would now have to make its case by presenting only one side of those conversations: Carman’s statements. This was a huge advantage to Carman, since it effectively cut the legs out from under the government’s case.

But from here, things get even stranger, and Narco News was put right in the thick of the mechanizations.

Informant reaches out

On Sept. 12, one day after the judge issued his restrictive order against the government, Narco News received a call from a former federal agent who has spoken out publicly in defense of Carman. The former agent said she had received a call from the informant Fernandez “trying to reach Bill Conroy.”

At this point, the government still claimed they had been unable to locate Fernandez.

Fernandez, the former agent said, refused to speak to anyone else and asked that his number be forwarded to Narco News.

Narco News contacted Fernandez at a number in Mexico that same evening.

Here’s some of what Fernandez had to say:

I do want to clarify some of the points in this and I’m pretty sure you’d like to hear my story as well as to what happened.

… They [the FBI] gave me numbers and I been calling the numbers and the agent that made the arrest has gotten in contact with me through my e-mails. I been trying to get hold of the US attorney in charge, She has not returned by calls. I have tried to get hold of the agent in charge and he has not gotten a hold of me.

… Relay my number to [Carman’s] his defense attorney. Because I don’t like the way the case was handled.

… As you know I’ve been deported; it’s going to be a year…

To tell the truth they told me they [the FBI] couldn’t promise anything [in exchange for assisting in the Carman case]. The only thing I asked for was to see if they would talk to an immigration judge about my case and they promised that they would talk to an immigration judge and then try to help me regain entry to the U.S.

At this point I don’t’ really care to go back over there ever. But if I do need to go in and speak my case in favor of John [Carman] I would. I would come in and I would try to do as much good for him as I can.

… Ever since John’s [Carman’s] arrest no one has ever called me. When they promised to get a hold of me immediately as soon as he was stopped [in March].

… No one has ever called me since; it’s been like 5 months. I have tried to get in contact with Mike Lombardi of the FBI. He doesn’t return my calls.

… Just this morning, about three, four hours ago, I got his desk number; I also have his cell number. … He knows how to get a hold of me. He sent me an e-mail. That’s how I knew he was looking for me, ‘cause he had my e-mail number. He’s never called. The US Attorney’s office has never called.

… All of a sudden I call my daughter and she tells me about your report on the news [the initial Narco News story on Carman’s case] and she’s upset because my name already has been dragged around and she wants me to stop…. I said look, I have nothing to do with Bill Conroy’s report. He’s a reporter and he has to be objective; he has to listen to both parties; let me get a hold of him and try to do as much damage control as I can.

… If you would relay my number to the attorney in charge of Carman’s defense since the other side is not calling me and I’m pretty sure why, but I don’t care.

… I’m going to tell you why, because they feel that because of supposedly the record I have I’m not a good witness. That’s how I feel. On the other hand, my intentions were to help my friend, not to get him in trouble.

During the conversation, Fernandez made it clear that he was not going to back away from his story with respect to the kidnapping plot. So it’s not clear how he intended to help his “friend” Carman.

But the fact that Fernandez claims he attempted to reach his FBI handlers and the U.S. Attorney’s office numerous times since Carman’s arrest puts his words at odds with the government’s claims to the court that they could not find the informant. And the fact that the informant suddenly appears, wanting to speak with Narco News — within a day of an unfavorable ruling for the government — raises some questions about the nature of coincidences in this universe.

Prior to Carman’s trial, Narco News attempted to contact the U.S. prosecutor handling the Carman case. She did not return the call. Narco News also contacted Carman's attorney, Johnson, to make him aware of the informant’s claims.

“If the informant really is trying to get in touch with the FBI, and the FBI is ignoring him after I moved [in court] for production of the informant, it’s a big problem,” Johnson told Narco News.

And the coincidences continued. Narco News sent Fernandez an e-mail on the evening of Sept. 13 with a follow-up question. That same day, according to government pleadings in Carman’s case, the FBI suddenly located Fernandez.

On the evening of Thursday, September 13, 2007, the FBI succeeded in contacting the SOI [Source of Information, or Fernandez]. The SOI informed Special Agent Lombardi, FBI, that he was willing to make himself available to testify at the trial scheduled to begin on September 19, 2007.

From that point forward, within days of his trial, Carman’s fate seemed sealed. The informant did go on to testify in court and the full record of the tapes and e-mails were admitted as evidence, according to Johnson.

Carman is now awaiting his sentencing, which could be a life term in prison. Johnson says he plans to file a motion with the court asking that the verdict be dismissed — based on the fact that “there is no evidence of a conspiracy.” If that fails, Johnson says he will take the case to the U.S. Court of Appeals.  

But this legal story doesn’t end on that traditional note. Fernandez eventually responded to Narco News’ follow-up e-mail — again, sent on Sept. 13, the same day the FBI suddenly found him. That response came via e-mail on Sept. 24, two days before the jury returned a guilty verdict against Carman.

The informant’s e-mail:

Hi bill, sorry I could't answer any sooner, but I was put at a bad spot, and ultimatly could´t say what I wanted to say [in court],

I still don´t know the outcome but for the record, let me tell you as an american, I mean you,? is this how america does justice¿ well if it is, i was not at least impress

is too bad that you guys send this poor guys on long therms of training, and suddenly cut them to the real wrold to fend for themselves

tipical, no wonder this poor guys turn against what they love to do and become monsters of the sistem only because the sistem didn´t take the time to defuse them before turning them into the wrold,

prfiles like this I have seen many, and they all turned the same

as for me I was finished long before this I was hoping to be able to speak in is [Carman’s] behalf but was not allowed, I was attaced way before I had a chance to seat myswelf

but? haw well whats done is done, once again it was the goverment´s fawlt

I hope that you print this, being that you are a journalist and should be unbias and objective right¿

Eloy Fernandez;

Though a bit cryptic, it sure does seem to indicate that Fernandez felt he didn’t tell the court “the truth, the whole truth and nothing but the truth.” But then, in the case of this informant, the truth appears to be a malleable commodity.

And the same appears to be true for our Justice System.

Stay tuned….