Johnnie Lee Foston, 37, is charged with three counts of criminal distribution of dangerous drugs for selling eight ounces of cocaine to a confidential informant, a woman who cooperated with law enforcement by wearing a wire.
Investigators say they arranged three drug exchanges between Foston and the informant at various times last April and May. Investigators videotaped one meeting using a “pinhole camera” they planted in a motel clock radio at the Brooks Street Motor Inn, and have audio recordings of the other exchanges.
Sgt. Rob Taylor said officers instead relied on surveillance equipment and “loose tails” while investigating Foston, following the man in unmarked patrol cars from the time he received the informant's money until he returned with the cocaine.
“Typically, we only see the actual exchange of drugs if an officer is working in an undercover capacity,” Taylor said.
Missoula Police Detective Jake Rosling said the use of confidential informants is commonplace in conducting drug investigations, and is often easier than sending an undercover officer in to meet with the dealer.
“As police officers, it's not always easy to get inroads with the drug trafficking community,” Rosling said. “Confidential informants are already part of that world.”
Maintaining informants' confidentiality, he said, is critical to their safety.
A co-defendant in the case, Demetrius Smith, 36, is suspected of supplying the cocaine to Foston, and also faces charges of cocaine distribution. His trial is scheduled to begin in February.
Members of Missoula's High Intensity Drug Trafficking Area task force targeted the alleged operation by using informants and a court-authorized wiretap before conducting a raid at Smith's Missoula home on May 10, 2007.
Taylor said he followed Foston from his meeting with the informant to Smith's home, where he allegedly picked up the “bindles” of cocaine.
After being granted immunity on Wednesday, Smith testified that he never exchanged drugs for money with Foston, but said he occasionally held onto the man's cash or small amounts of cocaine.
When police raided Smith's home, they recovered $9,000 in cash and two ounces of powdered cocaine that had been wrapped in plastic bindles and stuffed into a sock hanging outside an upstairs window. Smith said he suspected the cocaine belonged to Foston, who he says fled through the window at the time of the raid.
The trial will continue Thursday in Missoula District Court, and is expected to run through Friday.
Reporter Tristan Scott can be reached at 523-5264 or at tscott@missoulian.com.
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