Pubdate: Sat, 19 May 2001 Source: Washington Post (DC) Copyright: 2001 The Washington Post Company Contact: http://www.washingtonpost.com/ Details: http://www.mapinc.org/media/491 Author: Brooke A. Masters, Washington Post Staff Writer RETRIAL UPHELD AFTER DEA AGENT INTERVENED Michael E. Fulcher was going down. Already serving a 48-year sentence for theft, the Roanoke resident was charged with dealing drugs inside Bland Correctional Center. Although Fulcher claimed he had been working undercover to help bust dirty guards, federal prosecutors pooh-poohed the notion and Fulcher was convicted of running a drug ring. Then, the night before Fulcher, now 42, was to be sentenced, U.S. District Judge Jackson L. Kiser received a six-page, single-spaced letter from the Drug Enforcement Administration agent on the case. Donald Lincoln, who had used Fulcher as a snitch in other cases, wrote that Fulcher may have thought he was working with police on the drug dealing. While he had not authorized Fulcher's drug ring, Lincoln wrote, Fulcher had made several telephone calls to one of the sheriff's deputies working with the DEA about plans for an undercover operation. "There is the very real possibility that Mr. Fulcher did feel that what he was doing at the time was indeed under the auspices of the government," Lincoln wrote. Thunderstruck, Kiser ordered hearings and then a new trial. On Thursday, the 4th U.S. Circuit Court of Appeals agreed that Fulcher deserved another chance. The Fulcher case stands as an unusual counterexample to the FBI's recent failure to turn over information in the case of Oklahoma City bomber Timothy J. McVeigh. Here, defense lawyers say, a federal agent volunteered information when he believed there may have been a miscarriage of justice. "You've got to admire a guy who says: I'm going to put my job on the line," said Fulcher's attorney, C. David Whaley. "It's a gutsy move on his part, but I think that's what they're supposed to do if there's an injustice being done." Reached at the DEA's Norfolk office, where he is now a supervisor, Lincoln said he wrote the letter because "what's right is right." But he quickly added: "I can't talk about the case." Assistant U.S. Attorney Joseph W.H. Mott said, "We intend to retry the case. . . . We intend to show that Lincoln and the defendants had no actual authority to commit the offenses." Fulcher's case also opens a window into the murky world of drug investigations, where law enforcement officers often rely on snitches who have dirty hands. A southwest Virginia native with a long record of arrests, Fulcher was an informant for the DEA and other law enforcement agencies in the 1980s, developing a close relationship with Lincoln, among others. In 1991, he was linked to a series of thefts and sentenced to 48 years in state prison. But Fulcher's police work didn't stop. While at Bland, he helped stop an inmate tax-refund scam in 1993 and, six years later, testified against a woman accused of hiring a hit man to kill her husband. His current troubles started when a federal grand jury charged him and 23 other people with drug conspiracy in December 1998. Prosecutors alleged that he masterminded a small-time marijuana ring, in which he bought drugs from guards and inmates' relatives, repackaged them into teaspoon-size servings and sold them to fellow inmates. Fulcher's wife and mother were charged with money laundering because his customers paid him by making out checks from their prison accounts to the two women. Much of the evidence in the case -- including canceled checks -- had been collected by Fulcher and his mother, Ethel, Whaley said. "My client has always maintained his innocence. He was trying to get information for a sentence reduction," Whaley said. "Working with them in the past, [he] had gone off on his own and generated information. That's what he was trying to do here." But prosecutors maintained that Fulcher was simply making money. After a three-week trial, he was convicted of running a continuing criminal enterprise and faced up to life in prison. That's when Lincoln wrote his letter. Prosecutors argued that Lincoln had become too close to Fulcher in their years of working together. But Kiser wrote in his opinion on the case, "If the Government truly questions Lincoln's common sense . . . it would stop using him. Now that Lincoln is saying something it does not like, the Government's attack on his credibility rings rather hollow." DEA spokesman Mike Chapman said he couldn't discuss the case because it is under investigation. - --- MAP posted-by: Jo-D