Drug WarRant

From Americans for Safe Access:

Los Angeles(Monday, November 24, 2003) – Despite attempts by federal prosecutors to portray three former directors of a West Hollywood medical marijuana dispensary as common drug dealers, a federal judge showed leniency today and sentenced them to one year of probation, and between 100 and 250 hours of community service.

Ruling that the case of the three men fell “outside the heartland” of normal narcotics cases, U.S. District Judge A. Howard Matz departed downward from sentencing guidelines that called for up to 30 months in federal prison for Scott Imler, Jeff Yablan and Jeffrey Farrington. Each had pled guilty to charges of “maintaining a place” where marijuana was “manufactured” and distributed.

Attorneys for the three men had argued that standard sentencing should not apply, because their work caring for patients was strictly controlled, exclusively humanitarian and done with the full knowledge and cooperation of local law enforcement and elected officials. West Hollywood’s mayor and city council were among those who asked the federal judge for leniency.

The LACRC worked so closely with local officials that a West Hollywood city councilman served as their attorney, and the city had helped buy the building in which the center operated. The center had even applied for a federal license to “manufacture marijuana for medical research” and taken investigators on a tour of the facility. That application was cited by the DEA as the basis for its raid on October 25, 2001, which closed the LACRC.

First, despite the lenient sentence, these people should never have been arrested, tried, or sentenced even to community service. They were performing a community service until the DEA stepped in and stopped them.
Second, how long do you think it’ll be until John Ashcroft investigates Judge Matz for not giving the maximum sentence possible?

M.A.S.H. (Mobilizing Activists and Students for Hemp) is a student group I work with, and they are holding a Hempfest next week.

• Thursday, December 4
• 3:00-8:00 pm
• Bowling and Billiards Center Activity Room
• Illinois State University (Normal, IL)
• Bands: Full Size Jimmy, Stefan Robinson from Free Space Music, Jaik Willis, Mike Williams, White Horse, Dan Shoenberg
• Speakers: Pete Guither, Phil Huckleberry, Gregg Brown, John Firefly
• Activities: Make your own hemp necklace, Raffle, door prizes, etc.

I’ll be speaking around 6 pm. If you’re in the area, stop by. Email me if you need directions.
Flyers banned
One interesting thing related to Hempfest. M.A.S.H. is an educational and activist organization that focuses on issues related to uses of the hemp plant and advocating changes in the law, particularly regarding medical marijuana and industrial hemp.
For Hempfest, the organizers put together a flyer with a drawing of a hemp leaf on it (similar to the one at right). The group is not allowed to put flyers in any of the residence halls on campus because of that leaf. They met all the other requirements (they’re a registered student organization, printed on recycled paper, all the required statements on the flyer, etc.), but the leaf means they can’t post the flyers.
The university residence halls are administered separately from the university, and have their own posting policies. Here’s the one that was quoted:

Materials may not display profanity or alcohol/substance abuse products or advertisement.

So this leaf automatically qualifies as advertising a substance abuse product? Regardless of context? What other image would this group use? I find this approach particularly offensive connected with a public educational institution (although I must point out that the flyers may be posted elsewhere on campus, just not in the residence halls).
I’ve written a letter supporting M.A.S.H.’s appeal of the decision. I’ll let you know how it turns out.

President George W. Bush, at the recent dedication of the St. Mary and Jane House – a faith-based center for herbal therapy:

“Well, it’s an unimaginable honor to be the President during this time of this country. It means what these words say, for starters. The great inalienable rights of our country. We’re blessed with such values in America. And I–it’s–I’m a proud man to be the nation based upon such wonderful values.
Terrorists tried to take away those values. But as a nation, we stood up to them. We went after their basis of operations, and we went after their funding. Terrorists tried to use the profits from the illegal drug trade. They misunderestimated me. With one act, I eliminated a lot of the illegal profits by legalizing marijuana.
America is a nation that suffers from incredible disease. Marijuana can help here, too. Because when you feel better, you don’t need to go to the doctor as often. And make no mistake about it, this makes you feel better. That saves the taxpayers money.
Marijuana, or Hemp, as I sometimes call it, is also good for trade because of all the things you can make with it. It’s very important for folks to understand that when there’s more trade, there’s more commerce.
Hemp is hemispheric, too. I like to call it hemispheric in nature because it is a product that we can find in our neighborhoods. I know the human being and hemp can coexist peacefully.
You know, this issue seems to resignate with the people, and that matters to me, because I stand for doing what’s the right thing, and what the right thing is hearing the voices of people who use marijuana.
Marijuana is where our nation finds hope, where wings take dream.”

Hundreds Attend Slain Boy’s Funeral

Daesean Hill was only 8 years old, but he was eulogized in a packed East New York funeral home Saturday as a “shining light” who could leave a legacy of hope by helping to eradicate the plague of drugs and gun violence…

Daesean, known affectionately as “Dae Dae,” was walking to his home on Hendrix Street with his stepfather, Stelly Chisolm, and two younger siblings when he was caught in crossfire that police say was set off by a drug dispute…

Some at the funeral said they hoped for change, but held reservations.

“I wonder if it will end,” said Sheryl Hinkson, 42, a cousin of Daesean who grew up in East New York and now lives in Baldwin. “The 75th Precinct always leads in homicides. It’s starting to get a little better, but we still have people who are selling these drugs who are causing these problems.”

Make no mistake about it. I believe that the drug dealers who shot this young boy are the scum of the earth and should be put away (in fact, it is those who use violence in drug trade who should be the focus of law enforcement, not non-violent offenders).
It’s the next step that’s tricky. It’s so easy for most people to say “this shows we need tougher laws and stiffer penalties” in response to this tragedy. But as the cousin noted, it doesn’t seem to help.
What is really needed is the truly difficult leap to overcome a natural emotional response. To realize that innocents no longer get caught in the crossfire between criminal alcohol dealers. To understand that the prohibition laws fuel violence through huge illicit profits. To know that advocating a radical change in the law is not the same as excusing violent drug dealers — it is, in fact, a way to shut them down before they can develop. And finally, to fathom that the last thing these drug dealers want is legalization.
This is one of the major challenges of the drug policy reform movement.

Patrick Dickinson of Allentown, PA has been keeping me informed about the civil lawsuit currently underway regarding the wrongful death of John Hirko (one of my Drug War Victims). Selections from the local papers give a taste of the trial’s progress:
From last week’s Morning Call:

Firearms expert Anthony Paul told a federal jury that Hirko was lying on the floor or attempting to rise from a seated or kneeling position when he was killed. No more than two of the 11 shots may have come when Hirko was in another position, according to Paul.

His conclusions appear to be consistent with the testimony of forensic pathologist Dr. John Shane, who said this week that Hirko was crawling, crouching, bending over or lying on the floor when police shot him.

Lawyer John Karoly Jr., representing Hirko’s family, fiancee and landlord, called Paul to testify during the wrongful death and civil rights trial in Allentown.

Karoly has accused police of illegally shooting Hirko and accidentally setting fire to his home while trying to enter it to search for drugs. The two sides disagree about whether Hirko was armed.

Paul spent most of his career with the Philadelphia and Los Angeles police departments as an expert in firearms and ballistics. He said he usually testifies for police.

Paul told the jury that partly due to right arm injuries from the gunshots, Hirko could not have held a gun and pointed it at police.

The defense then countered with evidence that officers had been properly trained in the use of their weapons (from the Express Times):

Engle cited another general order stating that officers cannot use “special weapons” unless they are certified and demonstrate proficiency in the use of a particular special weapon. Engle said Officer Joe Riedy, who became a sergeant in 2000, was trained and certified to use a flash-bang grenade and an MP5 submachine gun.

Riedy shot Hirko at least 10 times with an MP5 and tossed the flash-bang grenade into Hirko’s house. Five months after the fatal raid, state Attorney General Mike Fisher concluded the homicide was justifiable because Hirko fired a gun first, but Karoly insists Hirko was unarmed.

Saunders said the Bethlehem Police Department should have had specific rules on the use of flash-bang grenades, which are used to disorient suspects. Saunders also said the general order on special weapons was vague and didn’t regulate the use of flash-bang grenades.

“It’s like calling a Great Dane a dog, but not all dogs are Great Danes,” Saunders said to Engle. “The emergency-response team was not regulated and controlled. Nothing you showed would change my opinion.”

Saunders said the SWAT-team raid was not necessary because Hirko’s house wasn’t fortified, Hirko didn’t have a history of violence and he didn’t possess an automatic weapon. He also said the Commission on Accreditation for Law Enforcement Agencies recommends that police use a bullhorn or telephone before conducting a high-risk search by storming into a residence.

Karoly is representing Hirko’s parents, his fiancÚe and the owner of 629 Christian St. The claims in their lawsuit include wrongful death, negligence, recklessness and the violation of Constitutional rights.

Kristin Fodi, who lived with Hirko and was engaged to him, barely escaped the fire on April 23, 1997. Saunders said police inappropriately detained Fodi for six hours after the raid, and he said “it was totally improper not to record” Fodi’s statements to police when interrogated.

“A citizen was dead,” Saunders said. “You record everything, and you don’t wait for a dressed rehearsal.”

The trial got sidetracked slightly when a juror was dismissed for not paying attention (she had trouble staying alert during testimony).
But now, it looks like it’ll be heating up. In yesterday’s Morning Call:

A federal judge set up a dramatic courtroom confrontation for Monday by ruling that a Bethlehem police officer can testify against fellow officers in the John Hirko Jr. trial.

Lt. Wilfred Williams will testify that, before the deadly Hirko raid, he warned top police supervisors that they should not promote Kirby Williams to head the team that later raided Hirko’s home, a lawyer said in court Friday.

Wilfred Williams told Eugene Learn, who was about to become the police commissioner, that someone would get hurt or killed if Kirby Williams was promoted, according to lawyer John Karoly Jr.

”Precisely what Mr. Williams predicted would happen, happened,” Karoly said.

Williams also will tell the federal jury that one officer on the 1997 drug raid told him afterward that ”we really ___ up,” according to Karoly, who will be calling Williams as a witness

I was curious as to how the trial is playing in the local community – whether there’s a sense of outrage or… Patrick responds:

Well to be honest it’s getting good newspaper coverage and that’s about it. You do not see much in the letters to the editors about this subject, it would seem people are uninterested. I told my wife I felt like going down an picketing or something in front of the courthouse, but of course she gave me one of those “looks”. I just said to her there is no reason they could not do the same thing to us. I guess some people don’t really get it. Time I guess, and pain.

I haven’t read this new book by Ayelet Waldman yet, but it’s high on my wish list, and the reviews have been outstanding. Waldman is a former public defender and author of the popular Mommy Track mystery series.
According to the Review in the Chicago Sun-Times:

Some defense attorneys burn out because they come to believe they are doing little more than hastening criminals back onto the street.æ

Author Ayelet Waldman, a former federal public defender in Los Angeles, had the opposite problem: She got tired of seeing “innocents” taking the fall in America’s war on drugs.

“I thought I would be seeing kingpins going to jail, but the kingpins negotiate deals and go to jail for very little time,” Waldman says.æ “It’s the people who are on the lowest rungs on the ladder, and so have no information to sell, who go to prison for a long time — the guy who carries the box or the woman who takes a phone message.”

Lawmakers who set up the rules of engagement for America’s “war on drugs” instituted stiff mandatory minimum sentences for those convicted of trafficking in illegal substances, so that a judge or jury can’t try to single out a particular defendant for more lenient treatment.æ

“After a while, I thought, I can’t do this anymore,” she says.æ “Rapists, pedophiles get out of jail sooner than my clients would.æ I wasn’t helping anything funneling these people through the system.”

In Daughter’s Keeper, Waldman follows one young woman, Olivia Goodman, whose undocumented Mexican lover, Jorge Rodriguez, thinks a quick drug deal or two will provide him with enough money to get established in the United States.æ

Jorge doesn’t realize that the acquaintance who proposed he get involved with selling drugs in the first place is an informant for the federal Drug Enforcement Agency.æ Jorge is arrested, and in order to reduce his own sentence, he tells DEA agents that Olivia was also involved.æ

Olivia had tried to dissuade Jorge from selling drugs, but because she was in the car when he went to pick up the drugs and she conveyed a phone message about the deal, she faces 10 years in prison.æ

A warm and belated welcome to all the visitors from Cannabis Culture Magazine Online which was nice enough to provide a link to this site while I was busy this past week. Check them out.

Chicago Tribune: Court bars drug-dog use in traffic stops: ‘Hunch’ doesn’t validate search

a contentious 4-3 decision, the Illinois Supreme Court ruled Thursday that police cannot use drug-detection dogs to sniff vehicles during routine traffic stops.

Before police summon a dog, they must have a reasonable suspicion that the driver is carrying drugs, not merely a “vague hunch,” Justice Thomas Kilbride wrote for the majority.

State police “are going to have to state a reason why they called in the dogs,” said criminal defense attorney Ralph Meczyk, whose client, Roy Caballes, had been convicted of drug trafficking. “Everyone’s liberties are affected,” Meczyk said.

The ruling, which said the drugs could not be used as evidence against Caballes, also overturned his conviction.

Though Caballes’ defense focused only on the legality of the search, opponents of racial profiling are claiming it as a victory, as well. It will curtail some powers of police who, they said, single out black and Hispanic motorists for drug investigations.

It’ll be interesting to see what happens if this gets appealed to the U.S. Supreme Court, which has considered dog sniffing not a search in past rulings.

Judge Gray, a Drug-War Foe, Will Run for Senate: Now a libertarian, the longtime advocate of legalization will challenge Boxer in 2004.

This is extraordinary news. Gray is the author of “Why Our Drug Laws Have Failed and What We Can Do About It: A Judicial Indictment of the War on Drugs” – a truly excellent book. I’ve bought quite a few copies myself, because it’s a good book to give to someone as an overview to learning about the problems of the drug war (and I always have a copy out on loan as well). Gray has been a federal prosecutor, a trial judge, and a California Superior Court justice, and has learned first hand the failure of the drug war. Seeing him enter the political ring is great news, and I’d love to see him on the floor of the Senate, fighting against the constant stream of lousy drug laws.
However, it’s likely to be an uphill battle, running as a Libertarian.

Every single vote I get will legitimately be seen in favor of repealing drug prohibition,” said Gray, 58, the day before announcing his candidacy at the Old Orange County Courthouse in Santa Ana.

“The other side is going to want to get my votes, and to do that they’ll have to change their drug policy. If that happens, I’ll have won.”

Gray is hoping to get 15% of the vote, a longshot for a third-party candidate. His campaign slogan targets the apprehension that mainstream voters might feel: “This time, it matters.”

If you live in California, give him your support. Either way, visit his campaign site and consider a contribution. Every little bit helps.

In the years he has been waging his own war on the war on drugs, Gray said he has learned that when battling the conventional, you can’t be in a hurry, and you can’t get discouraged.

A few dents at a time, he said. That’s how it’s done.

While I’ve been busy doing a musical and other fun stuff, a lot’s been happening in the drug war. Some of this will be old news to some of you, but these are a few stories I felt important to include. For more review of events in the past week, be sure to check out the current issues of Drug War Chronicle and Drug Sense Weekly. Also, some material from Talk Left.
Another Drug War Victim: File this under a stupid self-inflicted act if you will, but the fact is that it never would have happened if the victim had not been driven to it by desperation as a result of the drug war.
Texas Man Chokes to Death on Marijuana

A man changing a flat tire choked to death on a bag of marijuana he had stuffed down his throat in an apparent attempt to hide it from police who stopped to help him, authorities said. Nickolas Sandoval, 24, died Wednesday.

“Officers went from ‘Oh, hey, here is someone with a flat tire’ to ‘Hey, this guy is choking,'” Lott told the Fort Worth Star-Telegram.

Sandoval, of Ponder, was pronounced dead at a hospital. Cause of death: “asphyxiation due to aspiration of plastic bag,” according to a spokeswoman for the Tarrant County Medical Examiner’s Office.

Sandoval was convicted at least three times of marijuana possession, and pleaded guilty two years ago to a drunken-driving charge.

While this one won’t go on my Drug War Victims page, it still is a tragedy.
Not Weapons of Mass Destruction
You may remember my piece about the North Caroline district attorney who decided to charge meth lab suspects with “manufacturing a nuclear or chemical weapon.” Well, Judge James Baker has a little more common sense and threw out 15 of the charges. Good for him.

Ganja decriminalization may have a vote in parliament this session in Jamaica More here.

Americans for Safe Access targeting congressmen who voted against medical marijuana.

For the first time, a medical marijuana advocacy group is going after Congressmen where they live. Beginning Monday morning, every registered voter in four House Congressional districts will receive a phone call about their Representative’s opposition to an amendment that would have stopped federal raids on medical marijuana patients and providers. Over 600,000 voters will be called during the week.

The recorded messages feature either a medical marijuana patient describing her plight or one of the jurors who recanted their verdict in the Ed Rosenthal medical marijuana cultivation case. Both explain that the House member voted to continue the current policy — despite polls showing 80% of Americans support medical marijuana — and ask that voters spread the word. The campaign targets Representatives Wally Herger (R, CA 2nd), Elton Gallegly (R, CA 24th), Joe Baca (D, CA 43rd), and David Wu (D, OR 1st).

“We’re sure the congressmen are so busy with other matters that they don’t realize how important the suffering of everyday people is to their constituents,” said Steph Sherer, Executive Director of Americans for Safe Access, the organization sponsoring the calls. “We’re educating the voters about the Congressmen’s record, so those voters can educate their Congressmen about compassion.”

Another voice for Medical Marijuana
The Union of American Hebrew Congregations, which speaks for the largest Jewish denomination in the United States, the Reform movement, has adopted a resolution supporting the use of marijuana for medical reasons.

THEREFORE, the Union of American Hebrew Congregations resolves to:

1. Urge elected officials in the United States to support federal legislation and regulation to allow the medicinal use of marijuana for patients with intractable pain and other conditions, under medical supervision;
2. Urge the Food and Drug Administration to expand the scope of allowable Investigational New Drug applications in order to move research forward more quickly toward an approved product;
3. Call for further medical research on marijuana and its constituent compounds with the goal of developing reliable and safe cannabinoid drugs for management of debilitating conditions; and
4. Call upon congregations to advocate for the necessary changes in local, state and federal law to permit the medicinal use of marijuana and ensure its accessibility for that purpose.

Full resolution available online (pdf)

Rush Speaks –
via DesertCat (who was right so far)…

For people who are truly addicted, I mean hard-core, really addicted, putting them in jail doesn’t do any good. There’s no way. I mean the penalty may be what society thinks is just. It’s not going to fix anything. It’s not going to help those people get off the drug or get rehabbed or any of that. Jail is, you know, one thing that is not really productive to this.

Keep it up, Rush. You could be a very strong voice for reform.

Walters afraid to debate
Drug czar gets cool reception in S.F.

White House drug czar John Walters received a chilly welcome Monday as he brought his 25-city tour to the Bay Area — dozens of protesters blasted his stance against medical marijuana, and even his host said he’d been disingenuous.

He also refused offers to debate, saying he’d only debate George Soros, Peter Lewis, or John Sperling (individuals who have donated to drug reform activities and who are not public speakers). While Walters occasionally talks about debating, he really is not willing to do so. And my offer still stands – any time, any place.