COLORADO SPRINGS, Colo. - There's an old saying among
prosecutors and police: "Crimes committed in hell don't have angels as
witnesses."
Well, meet Ronnie Archuleta. He's no angel.
He's a five-time convicted felon. He's been a fugitive. He's
31 years old and has been arrested or cited 28 times.
He's also been a jailhouse informer - or "snitch" - and
despite doubts about his record of telling the truth, he's the kind of
person authorities often rely on to convict other criminals.
In late October 1998, Archuleta was almost halfway through a
six-month sentence at the El Paso County (Colo.) jail for check fraud.
More charges were pending, and prosecutors were considering tagging him
a habitual felon, which could mean 10 years or more in prison.
Though a police detective called Archuleta a "chronic liar,"
authorities believed the felon when he said another inmate privately
confessed to murder.
In 1999, he testified in the trial of Kent LeBere, accused of
strangling Linda Richards, whose body was found in her burning van in a
Colorado Springs carwash.
By testifying, Archuleta earned early release from jail and
probation in another felony case, and he avoided a habitual felon
filing. His testimony helped send LeBere to prison for 60 years.
But Archuleta now says he lied in court, that LeBere never
confessed. He says police told him what to say and showed him their
reports. He testified, he says, to get preferential treatment from
prosecutors. It's the main basis for LeBere's fight for a new trial.
The case provides a rare glimpse into the shadowy world of
jailhouse informers. They often lie - because it can get them out of
jail or simply because that's what they've done all their lives. And
that has resulted in a string of overturned convictions across the
country.
Several states have laws or jury instructions to limit the
impact of the testimony of informers, who are widely regarded as the
least reliable of witnesses.
"People who are incarcerated are desperate to get out," said
Guss Guarino, executive director of the Colorado Criminal Defense Bar.
"Nobody wants to be in jail. Nobody wants to be in prison, and nobody
wants to be there a second longer than they have to."
By the time LeBere and Archuleta had their alleged nighttime
jail conversations - over games of chess played with pieces made from
bits of toilet paper - Archuleta had already made a career out of
working with police.
He got "connected with the Police Department" at an early age
through neighborhood beat cops and worked for the Colorado Springs
Metro, Vice and Narcotics Unit on minor drug buys. He made $100 to $300
a deal and, he said, felt he was doing something positive by taking
drug dealers off the street. He testified to helping police on up to 50
cases.
But Archuleta had his own legal problems, most stemming from
bad checks he was passing all over town. He had convictions for fraud,
domestic violence, bad checks, harassment, theft, forgery and assault.
Yet, until 1998, he always got probation or community service, when
others received lengthy jail terms.
Between arrests, he worked as a bail bondsman and then a truck
driver. In jail, court records show, he used his bondsman experience to
talk to other inmates, offering to help them set up bail. This was how
he got to know LeBere.
According to Archuleta's own testimony, LeBere was warned by
another inmate when he arrived in jail that Archuleta was a snitch. But
he said LeBere confessed to him anyway.
When Archuleta told a deputy at the jail he had information on
LeBere - not long after his sentence reconsideration was denied -
Colorado Springs police detective J.D. Walker met with him and agreed
to help.
Walker went to the prosecutor and "told her that Ronnie
Archuleta was informing on a murder suspect, and I think it was
something to the effect of, `Is there anything that we could do for
him?'" the detective testified in a 1999 hearing.
Prosecutors offered to drop his charge from a fourth-degree
felony to a sixth-degree felony, with a sentence of probation if he
could pay restitution.
Six months after the trial, Archuleta called Bobby Lane
Daniel, one of LeBere's attorneys, and told him his conscience was
bothering him and that he had lied in the trial.
"He would lie on a dime or for a dime," Daniel said in a
recent interview. "This guy was pretty incredible. He lied to suit his
own purpose, whatever his purpose was; and if his purpose changed, he
would concoct another story."
Legal experts say jailhouse informers have a place in the
justice system.
"There are times when good law enforcement demands you make
deals with unsavory characters to get evidence against even more
unsavory characters," said H. Patrick Furman, a professor at the
University of Colorado School of Law.
But he said prosecutors and police must ensure the informer
has details that only the killer would know, and must do their utmost
to verify the informer is telling the truth.
"You are dealing with people who have flouted the law. They
may have a lot to gain if they say the words prosecutors and police
want to hear," he said.
Rarely are their motives for coming forward altruistic.
"In 36 years, I have never had anyone call me because they
just felt the need to get something off their chest," said Bobby Brown,
a Colorado Springs bail bondsman and former law enforcement officer.
"Jailhouse snitches are a dime a dozen, and as a rule I would
really question their reliability," said Brown, who often receives tips
from the jail about people who have jumped bail.
However, Lou Smit, a retired Colorado Springs police
detective, said, "Jailhouse informants are used all the time, and they
are a good source of information."
"If it matches the facts in the case and they have no other
way of getting it, it can be reliable information," Smit said.
In Colorado, it's up to police and prosecutors to make that
determination, and a jury is not given any special instructions
regarding a jailhouse informer's credibility.
Jailhouse conversations usually occur with no other witnesses,
so it often comes down to the word of one criminal against that of
another.
And prosecutors acknowledge that, as witnesses, informers are
far from perfect.
"The use of snitches is something I think those of us in law
enforcement are increasingly wary of doing," said 4th Judicial District
Attorney John Newsome.
Newsome said he is immediately skeptical when someone wants a
deal in exchange for information.
"You have to start weighing the cost versus benefit in terms
of your case, and you have to start weighing if they are telling the
truth," he said.
When the hammer finally came down on Archuleta, it came down
hard.
On May 31, 2001, he stood before 4th Judicial District Judge
Thomas Kennedy and pleaded for mercy.
He'd been picked up in Alabama five months before on three
felony warrants for check fraud and theft, plus numerous misdemeanor
counts of criminal impersonation, forgery, theft, check fraud and
violating bail conditions.
Prosecutors were no longer interested in making deals.
"He's been playing the system for an extremely long time,"
prosecutor Krysia Kubiak said at the hearing.
"And I'm not saying the DA's office and the Police Department
has not been complicit in this abuse of the system, but that's what it
is," she said. "He has used his time in prison - in jail - and his
sentences as a kind of Monopoly game to work off each other to see if
he can get a better deal and if he can get out of all the crimes he
committed."
Kennedy told him, "You know and I know that you have zero
credibility in this building. That anyone that would put you on the
stand would have a fool for a lawyer. That you have caused nearly a
reversal of a murder conviction next door, that you have had police
officers testify in open court that you have no credibility."
Kennedy gave him the maximum, eight years in prison.
Archuleta was released this summer after spending most of his
prison time in isolation because of his past as an informer.
LeBere's appeal is pending before Judge Timothy Simmons. The
case has attracted the interest of a congressman from LeBere's native
Minnesota, who helped arrange for an international law firm to pursue
the appeal for free.
David Bergin, the Pueblo, Colo., prosecutor who tried the case
because the 4th Judicial District Attorney's Office had a conflict of
interest over Archuleta, declined to comment on Archuleta. Police have
said his testimony was a small part of the case against LeBere, who
admitted getting a ride home with the victim the night she died.
In a recent interview, Archuleta said he regrets being an
informer and stands by his claim that he lied in the LeBere case to get
a deal.
"I wanted to take care of my children. I was at the point
where I'd do anything to get out of jail," he said.
He recanted, he said, because his conscience was bothering him
and he believes LeBere deserves a new trial.
Since he has lied so much, Archuleta was asked, why should
anyone believe him now?
"There comes a time in a person's life when you don't hold
their past against them," he said. "We all make mistakes, but people do
change."