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BRIGHAM CITY, Utah (AP) -- A drug case flawed by the sexual relationship between an informant and the narcotics officer supervising her has been resolved by a plea bargain.
Eli John Bosley was charged with second-degree felony possession of marijuana with intent to distribute but was allowed Tuesday to enter an Alford plea, in which a defendant does not admit guilt but acknowledges there is evidence that could lead to a conviction, to class B misdemeanor simple possession.
Bosley was placed on probation by Judge Ben Hadfield, ordered to pay $540 and undertake any drug counseling deemed appropriate by his probation officer.
The case was based on an alleged undercover buy of marijuana by informant Teresa L. Brown who was supervised by Jim Salvesen, a Box Elder County Narcotics Strike Force agent from the sheriff's office.
Salvesen was fired by the sheriff in February for having a sexual relationship with Brown from June to November of last year.
Public defenders say the relationship taints Brown's credibility as a witness.
"I told the judge we had evidence problems because of the relationship between a CI (confidential informant) and one of our strike force officers," County Attorney Amy Hugie said of the plea bargain. "Sometimes when you have problems with evidence you have to negotiate."
Brown, 44, has a criminal record stretching back to 1981. She has been in and out of the Utah State Prison since 1991. She is back in prison for violating her parole by alleged cocaine use in May.
Hugie said the trial Aug. 18 of Antonio Garcia, which features testimony about five undercover buys made by Brown, is going forward.
"There were several other officers present, it is a different fact situation," she said. "We're not totally relying on either one of them (Brown or Salvesen)."
(Copyright 2003 by The Associated Press. All Rights Reserved.)