(That’s the kind of trouble most men wouldn’t mind — The Curator)
The Superior Court opinion issued Thursday upheld a Lehigh County judge's ruling that threw out prostitution charges against Sun Cha Chon, of the Shiatsu Spa in suburban Allentown on the grounds that the government had acted outrageously.
(You think? — The Curator)
The appeals court ruling described how the informant, a man, first approached state police to say he had been solicited for sex at the spa. Troopers then supplied the unnamed man with government money and sent him back four times to engage in what the county judge called "a smorgasbord of sexual activity" during June and July 2006.
(Ah yes, once again our tax dollars HARD at work — The Curator)
Lehigh County Judge Robert L. Steinberg said the man's subsequent visits did not advance the police investigation. He was given $360 total to pay for the services that allegedly involved Chon and another woman, plus the extra $180 for his time.
"The outrageous nature is it went beyond what was necessary to prove the prostitution charge," said Chon's lawyer, Maureen Coggins.
The Superior Court opinion recounted how police and the informant were recorded laughing about the sexual encounters.
"We expect more from the police, and demand that they conduct their investigations and utilize their resources without resorting to such embarrassing investigative techniques," Steinberg said in a written opinion that the appeals court cited at length.
"No adequate supervisory guidance was provided, no standards existed for this type of investigation, and some of the behavior by the participants was sophomoric," Steinberg wrote.
The lead investigator said the informant contacted police because he had been offended by the offer of sex, according to the Superior Court ruling.
"It is difficult to imagine how this informant could have been so offended, and yet proceed to engage in oral and sexual intercourse with the two women in this case and laugh about it with the investigating troopers after each occasion," wrote Judge John T. Bender for the three-judge Superior Court panel.
(Offended, yeah right. Just another...UP...standing citizen – literally — The Curator)
Lehigh County District Attorney Jim Martin said officers sent the informant back repeatedly to help them determine the scope of the organization. He said he was concerned about the precedent the ruling might set and plans to seek review by the state Supreme Court.
"Is it outrageous police conduct if it's done in a drug setting or if it's done in an investigation into weapons sales?" Martin said. "That's an important consideration."
He described the extra cash payments to the informant as a necessary evil and common practice.
(Necessary PLEASURE, actually — The Curator)
State police spokeswoman Lt. Myra Taylor said department policy prohibits undercover officers from engaging in any sexual act, but she also said the informant's behavior did not conform with state police standards. She said the troopers' conduct has been addressed internally.
(Internally? Probably not the best choice of words in this instance, although I really like this story – usually, the government is SCREWING us! — The Curator)
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