HARRISBURG, Pa. (AP) An appeals court has ruled Pennsylvania
State Police botched a prostitution investigation in which troopers
gave an informant money to pay for sex four times at a massage
parlor, along with a total of $180 for the man's trouble.
The Superior Court opinion issued Thursday upheld a Lehigh
County judge's ruling that threw out prostitution charges against
Sun Cha Chon in suburban Allentown on the grounds that the
government had acted outrageously.
The appeals court ruling described how the man first approached
state police to say he had been solicited for sex at the Shiatsu
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.
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.
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.
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.
(Copyright 2009 The Associated Press. All Rights Reserved.)