'Deeply troubled' appeals court upholds Yuba City drug conviction

Boykin's co-defendant and brother, Patrick, pleaded guilty and was sentenced in 2009, also to 171⁄2 years.

They were convicted of selling methamphetamine and cocaine to several police informants on Wilbur Avenue in 2006-07 in Yuba City. The Boykins were arrested in March 2007 following a joint probe by NET-5 and the FBI.

Three confidential sources were used in the drug buys. Two were engaged in criminal activity during the investigation, according to the opinion.

One was "deactivated" when it was determined he was selling meth. The second, a woman, was arrested on federal fraud charges in October 2006 but was not deactivated as a source for two months, until December 2006, the opinion said.

The second informant was handled by Thomas Oakes, a Yuba County sheriff's detective on loan to NET-5.

During Boykin's trial, Oakes "testified that upon learning of (the woman's) pending federal fraud charges, he immediately delivered her to federal agents, deactivated her as an informant, and paid no further monies to her after she was arrested," the appeals court said.

"This testimony was inaccurate, and ultimately led to a stipulation that, in fact, (the informant) continued to work as an informant for almost two months after her arrest, and she was paid during that time period."

In a footnote, the appeals court said Oakes arranged "for NET-5 to pay for (the female informant's) apartment and utilities. Detective Oakes also gave her his home phone number, which he admitted was unusual. However, NET-5 apparently had a meeting to approve these payments, and Detective Oakes testified that agents kept a close eye on (the woman) because NET-5 paid for her apartment."

According to the opinion, Oakes' brother "was a friend or associate of the Boykins. (The brother) was known to 'hang out and be in contact' with them, and Detective Oakes testified that (his brother) and (Anthony) Boykin played pool together."

In another footnote, the appeals court said "the details of the relationship between (Oakes' brother) and the Boykins is not entirely clear from the record, but the testimony of Detective Oakes prompted (U.S. District Judge William B. Shubb) to remark, 'I thought only in the movies did police officers investigate cases where their brothers were personal friends of the person they were investigating.'

"Judge Shubb found the relationship so 'remarkable' that he thought it would be wrong to not let the jury hear about (the brother's) relationship with the Boykins."

In upholding the conviction and sentence, the appeals court said while it was "deeply troubled by the participation of Detective Oakes, the investigation fell just shy of constituting outrageous government conduct."

The opinion continued, "Despite Oakes' conflict of interest, because his role was limited and he was being supervised, rather than directing the investigation, his conduct was 'wrong and troubling,' but not so 'extreme and outrageous' as to warrant a downward departure for sentencing manipulation."