ATTORNEY Janet King, who represents defendant Yongqiang Qiu, has requested the Superior Court to compel the Office of the Attorney General to reveal the identity of its informants.
Following a “buy-walk” operation conducted by the Department of Public Safety-Drug Enforcement Task Force in April 2022, Qiu was identified by informers as a drug dealer who sold methamphetamine.
Qiu, 34, was charged with trafficking of a controlled substance.
In her motion to compel, King said Qiu’s charges stem from events on April 12 and 27, 2022, which led to his arrest.
King said the Commonwealth intends to prove at trial that a “Chinese male” who handed methamphetamine to DETF Cooperating Source No. 831495 or CS and Cooperating Defendant No. 045779 or CD on two occasions was Qiu.
On April 12, 2022, a Chinese male known to the CS as “Jason” handed the CS approximately 0.7 gross gram of methamphetamine.
On this date, King noted, a Drug Enforcement Task Force officer, Cris Deleon Guerrero, rode in CS’ vehicle.
Later, the CS identified “Jason” as Qiu.
On April 27, 2022, a Chinese male known to the CD as “Brother” handed the CD two small Ziploc bags with approximately 1.6 gross grams of methamphetamine.
Later, the CD identified “Brother” as Qiu. No DETF officer accompanied the CD during this exchange, King said.
CS and CD played prominent roles in the arrest and prosecution of the defendant and therefore their identities are “relevant and helpful” and should be disclosed, King said.
She said her client could show that CS would contradict DETF’s Cris Deleon Guerrero’s version of the events or exculpate the defendant.
“CS is the only other eyewitness to the events of April 12, 2022, and therefore their identification and testimony will be crucial to the Commonwealth’s case,” King said.
She reiterated that on April 27, 2022, no DETF officer accompanied the CD.
“Defendant is entitled to the disclosure of CD’s identity because the informant is the only witness in a position to amplify or contradict the testimony of the defendant,” she said.
The lawyer added that the CS identified the “Chinese male” in the April 12, 2022 transaction as “Jason” and later as Qiu when the CS was shown a photo and not a photo lineup.
“Similarly alarming is that the CD identified the Chinese male in the transaction on April 27, 2022 as ‘Brother’ [but] there is no other information how CD later identified ‘Brother’ as this defendant,” King said, referring to her client.
After the DETF debriefing, which occurred later, both CS and CD identified “Jason” and “Brother” as the “same person” and as defendant Qiu, King added.
Associate Judge Joseph N. Camacho has scheduled Qiu’s jury trial for Oct. 11, 2022.
