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—SENSETIVE__ Man1-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 criminal transaction. This is especially true if other eyewitnesses are available and there is no substantial conflict in their testimony. Informants should be alerted to note the identities of other witnesses if they are present during a criminal act. (2) Disclosure probabilities increase when an informant participates in the criminal enterprise. In this regard, some courts have drawn a distinction between cases in which an informant was a full participant in the criminal act, and those in which he/she was involved only in the preliminary stages of the case. For example, if an informant's role was limited to simply introducing Government agents to potential defendants, and setting the stage for subsequent criminal transactions, disclosure frequently is denied, especially if the informant did not actually witness the criminal transaction. (3) But when an informant is an actual party to an illegal act, disclosure is more likely. Some courts require automatic disclosure (on demand by the defense) when an informant was a participant. But others inquire into the details of the informant's possible testimony before ruling on the motion. (See Section 8-4.2.2 below.) seep EDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 8-4.2.2 Substance of Informant's Potential Testimony (See 8-4.2.1 (3) .) When deciding whether disclosure is appropriate, some courts require the defendant to-make a factual showing that an informant's possible testimony would be relevant and helpful to the defense. In making this determination, trial judges often conduct in camera (in chambers) examinations of informants or their files. If it is determined that an informant's possible testimony would be of no value to an accused, the motion for disclosure is usually denied. However, if an informant's knowledge would be relevant and helpful to an accused, a judge frequently will order disclosure. x*EEEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 8-4.2.3 Theory of the Defense The fact that an informant's knowledge of a crime might be helpful to the accused does not mean disclosure will be automatic. The court must determine if the informant's information will be of assistance to the particular defense asserted by the accused. For example, information which is pertinent to the defense of misidentification might be of little or no value to an entrapment defense. 9 Printed: 05/05/2004 13:08:54 Page