FBI agent Greg Beninato, who was Palacios' handler in Omaha, testified that the FBI knew that Palacios was the suspected driver and accomplice in the 2004 drive-by shooting of a rival gang member in Los Angeles, a charge for which he was recently arrested. Beninato also acknowledged that agents had heard accusations that Palacios may have been involved in the sexual assault of a 13-year-old girl, though no charges were brought. At one point, Riley [the defense attorney] asked Beninato whether he questioned Palacios about the two cases in order to decide whether to continue using him as an informant. "No," Beninato said.
"Why not?" Riley asked.
"It's a fine line between getting involved in someone else's investigation," Beninato said. "I wasn't going to question him without the (investigating agencies') permission or their request to do so."