People v. Stapinski

Defendant was indicted on a single count of unlawful possession of a controlled substance (ketamine) with intent to deliver. Defendant's substantive due process rights were violated when State breached cooperation agreement police sergeant entered into with Defendant. Court properly granted Defendant's motion to dismiss indictment. Cooperation agreements, where State agrees to limit a prosecution in some manner in consideration for Defendant's cooperation, are construed under contract principles, and construed strictly against the government. Whether cooperation agreement was "valid" in sense that it was approved by State's Attorney is irrelevant. Defendant relied upon cooperation agreement and incriminated himself in the process of fulfilling his obligations under the agreement. Thus, Defendant suffered prejudicial violation of due process rights when, more than a year after Defendant was detained and after he had fulfilled his obligations, by assisting in undercover efforts leading to arrests, he was charged with possession of ketamine. (FREEMAN, THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring.)