A 2nd look at that fake "grow house" sting on Odessa cops

Last week we discussed the stunt that Barry Cooper and Kop Busters perpetrated on the Police Department of Odessa, Texas, when they lured the police into raiding a fake "grow house." Odessa Cops Stung was our first look at this. And it seems that Mr. Cooper and crew had been hired to bring attention to another case, specifically, USA vs. Yolanda Jean Madden, and the tactic they used to accomplish this appeared to be to try to publicly embarrass the Odessa Police Department.

Apparently we were supposed to hear about the search of the fake "grow house" and think that the OPD was ready to pounce on innocent people without probably cause. Texas law provides that a sworn affidavit setting forth probable cause is required before a magistrate may issue a search warrant, and that affidavit is public information. So now that we have a copy, a different story emerges.  See the affidavit and warrant in this PDF document.  (My scanner isn't long enough to scan legal size paper, so if it looks sliced and diced, sorry about that.)

The practical jokers didn't just set up in the fake "grow house" and wait for something to happen. According to the documents, an unsigned letter was left at the front desk of the Odessa Police Department on 12/3/2008 by a Pastor Terry Pierce. That letter was transcribed in the affidavit as "Attachment 'A,'" and here's what it said:

Attachment "A"

I'm leaving Odessa because my boyfriend is out of control. The cops only have a few days to catch him. I can't talk to the police because I have traffic warrants. He is from Ohio and is growing 80 marijuana plants in the house he rented in Odessa at 232 Lottman. There is clones to. He never leaves the house because he babysit the plants. They are almost ready so he is going to start harvest Friday morning. It takes him all day and he will leave to Ohio late this Friday night. He vent the hot air with a fan that blows out of the bedroom window ac by the front door. If you walk up to the door to pretend you are Jehovah witness you can feel the air coming from the vent and you can smell the plants. I tore a small piece of tinfoil he use to cover the bedroom windows. He doesn't know I tore it so drive by at nite and you can see the brite lights. He moved the half grown plants from Arizona to Odessa in a U Haul because his land lady got suspicious. He drives a Nissan Versa that is silver that he parks in the driveway and takes off the plates so nobody knows he is from Ohio. He knows about tap raps and will not answer the door if the police are there. He has $19,000 hidden in the fireplace but I took $1000 out to get me back home. He always keeps his money in the fireplace. He does not know I'm telling and thinks I don't know about him cheating on me. He has been growing pot for a long time and never get caught and he is getting sloppy. He will be easy to catch if the cops get him before he goes to Ohio.

Detectives went to the house, and everything appeared on the outside exactly as the anonymous letter writer described. So the search warrant was obtained, and police did indeed search the house. From the Youtube video taken by Mr. Cooper's cameras it's apparent that the police realized in short order that it was a hoax. That anonymous letter appeared to be a bald faced lie.

Some of the news reports suggested that police were considering whether charges should be brought against anyone in this case. And it would seem that the person who submitted that letter has made a false report. But here's another trick. Apparently they didn't deliver the letter to the police themselves but tricked some innocent pastor to do it for them. Sneaky, sneaky.

In any event, this certainly has been a curious case. Whether Mr. Cooper is trying to help Ms. Madden or is trying to make a point about the war on drugs, the public perception could be that he is simply trying to be mischievous. Sometimes a practical joke is so devious that the sympathy goes to the victim, and in this case the public might just very well side with the police.

Added 12/21/08:  Photo of house located at 232 Lotteman added above.

Updated 12/22/08 -- A comment left by Mr. Cooper alerts us about Doug Carman's article in the Odessa American titled Hoax Mess which reports that a pastor named Terry Pierce denied delivering the anonymous letter to the OPD. If that's true, and there is only one pastor named Terry Pierce, then one error in the affidavit is the description of how the police came to be in possession of the letter. However, based on Mr. Carman's article, no one seems to be disputing whether that anonymous letter actually exists.

The article contains this: "When asked about Pierce's role in the affidavit, Odessa Police Cpl. Sherrie Carruth said the department considered the aftermath of the raid an open investigation and refused to comment." So hopefully that investigation will uncover how the police actually obtained the letter if not who actually wrote it.

Updated 12/24/09 -- see Yolanda Madden Awarded a New Trial.

Comments

[Repack Rider]

You make a good point. The Odessa police are corrupt, and do not need anything more than an unfounded and unsigned accusation before they break down a door. Mr. Cooper has been vindicated and his point is proven beyond doubt.

If an unsigned letter can be used to obtain a search warrant, why bother with the search warrant? Just write such a "letter" and leave it on your own desk.

As a victim of just such a corrupt police force, I hope some of these officers do time.

[Free Yolanda]

Yolanda Madden is the victim in this case.

[Geo]

Repack Rider -- It appeared to me that the letter and the outside appearance of the house gave them probable cause. People can disagree on that, but I believe that the elements necessary to prove probable cause are fairly well established in law And we have juries to decide the factual issues in real cases.

Free Yolanda -- See the previous post titled USA vs. Yolanda Jean Madden. If you want Ms. Madden's case to get more attention then you could obtain and post her writ of habeas corpus on the internet.

[Barry Cooper]

The Odessa American just reported on the front page that the preacher denies delivering the letter. This means the kops lied on the affidavit claiming a preacher brought the letter to them. They must have done this to make the letter appear more credible? There are some krazy kops in Odessa and KopBusters exposed their willingness to lie on a government documents to raid a house. You all should check out the story. Also go to the new kopbusters website and view the evidence: Yolanda passes polygraph and drug test. Informant passes polygraph. Officer Traveland's altered jail logs used to put Yolanda in prison.

My motives are good.

Barry Cooper
VP/KopBusters

[Geo]

Mr. Cooper, if the police officer fabricated the part about Mr. Pierce's involvement and swore to its truth in the affidavit then that's a crime as well as a serious breach of the public trust.

However, it appears that the only item in contention regarding the affidavit is the part about Mr. Pierce.

[BHSEO]

senukex WORKING , most updated VIP Section on the net, hunderds of blackhat tools

[istanbul]

We recently visited Odessa on a short vacation and were pleasantly surprised by the standard and quality of the guide and the tour. Our guide had sooo much knowledge that it was almost overwhelming. The car that was hired was clean and the driver was extremely professional. The company had worked with me getting the tour and price together before we arrived so all was done when we arrived. It gave us a really good feel about Odessa, understanding of the history, and wanting to return in the near future. Thank you for this service