Court Won’t Open Papers in Drug Raids : Law Enforcement: U.S. magistrate says he has no authority to make public the affidavits used to obtain search warrants in botched actions.

A San Diego federal magistrate declined Thursday to make public the court papers filed by U.S. drug agents that led to three botched drug raids five weeks ago in Poway, saying he has no legal authority to unseal the agents’ statements.

U.S. Magistrate Leo Papas indicated he personally believes the secret affidavits, filed by agents to obtain search warrants for the Aug. 26 raids, should be made public.

But, Papas said, the law allows the sealing of such affidavits if federal prosecutors say the investigation that prompted agents to file the statements is still going on. Since U.S. Atty. William Braniff swore last week in open court that the investigation is still active, the documents must remain sealed, Papas ruled.

During the Aug. 26 raids, agents entered the home of business executive Donald Lee Carlson and traded gunfire, invaded an empty home nearby and, hours later, accused a deputy county marshal of dealing cocaine.

Carlson, 41, remains in serious condition with gunshot wounds at Palomar Medical Center in Escondido. A U.S. Customs Service agent was slightly injured in the raid on Carlson’s house. Federal prosecutors have said they do not intend to charge Carlson with any crime.

Over the past three weeks, a federal grand jury has heard testimony about the case, which revolves around a mystery informant named Ron. His tips led to the raids.

However, during one of a series of separate hearings before Papas the past month, one of Carlson’s lawyers said he had spoken at length with Ron and that Ron had said he was surprised the raids were carried out. Ron’s version of events, according to attorney Raymond J. (Jerry) Coughlan Jr., is that he never firmly identified any house for agents to search.

The grand jury probe, Braniff said last month, is focusing on “drug violations” and on “false statements (made) to the government.” It is a federal crime in certain circumstances to give government agents or officials false information.

The hearings before Papas centered on a claim by the Copley Press, which publishes the San Diego Union-Tribune, that the public is entitled to know the full facts of the case.

Attorney Guylyn Cummins said Thursday that the newspaper will probably appeal Papas’ ruling.