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Drug War Topics

Criminal Justice

Europe: Despite British Marijuana Reclassification, No Jail for Low-Level Sellers

Last week, the British government announced it was returning marijuana to Class B drug status, signaling an end to the four-year experiment that saw the herb downgraded to a less serious Class C dr

Pregnancy: South Carolina Supreme Court Overturns Woman's Murder Conviction for Fetal Death After Cocaine Use

The South Carolina Supreme Court Monday threw out the homicide by child abuse conviction of Regina McKnight, the first woman in South Carolina to be convicted on that charge for suffering an uninte

Law Enforcement: Death of Florida Student Forced to Become a Snitch Sparks Protests in Tallahassee

The death last week of a Florida State University student who was killed while acting as an informant for the Tallahassee Police Department after being arrested on marijuana and ecstasy charges has

Law Enforcement: This Week's Corrupt Cops Stories

The evidence goes missing in Galveston, a pill-hungry cop goes down in Oklahoma, a pill-peddling cop gets popped in New Jersey, and another pill-peddling cop goes to prison in Indiana.

Tallahassee PD's Pathetic Response to Rachel Hoffman's Death

I've already discussed the shamelessness of Tallahassee Police Chief Dennis Jones, who blamed Rachel Hoffman for her own death after his officers got her killed in a botched drug sting. But the more I think about it, the more sickening it becomes.

This statement from the Hoffman family's attorneys perfectly highlights how insulting and evasive this response from Chief Jones really is:

From the press conference's inception, the Tallahassee Police Department took the opportunity to inform the community of the victim's criminal charges, and made the point, both directly and indirectly, that her death was the result of her breaking protocol during the sting operation. The family and the attorneys for Rachel Hoffman have serious concerns about the statement that Rachel somehow caused her own death.

Rachel Hoffman was a 23-year-old woman, a graduate of Florida State University, and a daughter, beloved family member, and friend. At no time during the press conference was it addressed that Rachel Hoffman was not a trained law enforcement officer, was not on the Tallahassee Police Department Vice Squad Unit, or that she had taken any training classes regarding the Tallahassee Police Department's "protocol". It was not addressed why Rachel was placed in this situation in the first instance, other than she had criminal charges pending. However, even with criminal charges pending, the main concern is how Rachel came to this position and what measures were taken in order for her to agree to go there. Her family and attorneys believe it was her involvement in the drug sting that led to Rachel's death, and not the fact that she allegedly broke any protocol, but rather that she was led to the site in the first place. [baynews9.com]

Officers pressured her into becoming an informant and instructed her to attempt a massive purchase of ecstasy, crack cocaine, and a handgun. The suppliers either knew she was setting them up or simply killed her as part of a robbery. In either case, it was the police who instructed her to approach dangerous people with a suspicious request.

It's their fault she died, but also the fault of the drug war itself, which treats police as heroes when they learn to excel at manipulating and endangering people.

Death Penalty: Malaysia Sentences Two to Hang for Marijuana Trafficking, Iran Executes Nine Drug Sellers

Countries around the world, but particularly in Southeast Asia and the Middle East, continue to resort to the death penalty for drug offenses.

The Assassination of Mexico's Top Cop Proves That the Drug War is Failing

Anyone who thinks aggressive law-enforcement is going to solve the drug problem needs to look at what's happening in Mexico:

MEXICO CITY — Gunmen assassinated the acting chief of Mexico’s federal police early on Thursday morning in the most brazen attack so far in the year-and-a-half-old struggle between the government and organized crime gangs.

The Mexican police have been under constant attack since President Felipe Calderón took office in December 2007 and started an offensive against drug cartels that had corrupted the municipal police forces and local officials in several towns along the border with the United States and on both coasts. [NY Times]

Unbelievably, George Bush and the Drug Czar are trying to give Mexico a $1.4 billion aid package to fight the cartels, even as the futility of this battle becomes more apparent every day. It is precisely the process of trying to eradicate massive drug markets that creates such brutal and perpetual violence. Thus, giving Mexico more money for the drug war is just exactly what we must not do.

This excellent clip featuring the Wall Street Journal's Mary Anastasia O'Grady explains why the U.S. is responsible for the violence in Mexico and why the only solution is to deal with our own drug problem here at home.

O'Grady acknowledges that prohibition isn't working, and though she doesn’t say it outright, I think it's pretty clear that she knows what must be done. More of this type of talk at the Wall Street Journal is exactly what we need as the Drug Czar lobbies for funding to support even more drug war violence south of the border.

Police Entice Woman to Snitch, Get Her Killed, Blame Her for Her Death

NORML reports on the death of Rachel Hoffman, another disgusting and preventable death caused by the war on drugs and the reckless police tactics it has inspired.

Hoffman was caught selling marijuana and ecstasy in Florida. After threatening her with prison time, the police then gave Hoffman the option of becoming an informant–without first consulting with her lawyer. They set up a deal with her connection. What happened in between isn’t yet clear. But they found her body late last week.

Proving once again that the most dangerous thing about illicit drugs like ecstasy and marijuana isn’t the drugs themselves. It’s what the government does to you after you’re caught with them. [The Agitator]

Watch this video, in which Tallahassee Police Chief Jones blames Rachel for her own death and then says, "we are aggressively seeking justice for Rachael and her family."

If Chief Jones wants justice he should start by fixing the protocols he claims his officers adhered to. They sent Rachel in to purchase an uncharacteristic amount of drugs, along with a gun, just to ramp up the charges even higher. Their insatiable lust for big busts and big headlines gave them away and got their informant killed. There's nothing complicated about this. No nuances to debate. It's horrible policing brought on by a horrible war, which produced another horrible outcome.

Note: If you get arrested, speak with a lawyer immediately and do not fall for the common tricks police use to recruit snitches. They may tell you that this is your only chance to make a deal. They may exaggerate how much trouble you're already in, so as to leverage your cooperation. Frequently, people arrested for drugs endanger their own lives by becoming informants, when a lawyer could have gotten them off altogether. The drug war feeds on these coercive tactics, creating crimes that would never have occurred, and ruining one life after the next. Don't fall for it.

The Sentencing Project: Disenfranchisement News/Updates 5/8/08

National: 'What If' Disenfranchisement was No More?

Erika Wood, Director of the Democracy Program at the Brennan Center for Justice, published "What if 5.3 Million More Americans Could Vote?," an opinion editorial featured on AlterNet. Listing the collateral consequences of disenfranchisement, Wood emphasized the Jim Crow roots of barring voters and the ongoing disproportionate impact of felony disenfranchisement laws on people of color. She also described the "ripple effect" caused by disenfranchisement. "Felony disenfranchisement laws do not only impact those who lose their voting rights," Wood writes. "Entire communities lose their political capital when their citizens cannot vote. Denying the vote to one person has a ripple effect, dramatically decreasing the political power of urban and minority communities."

Despite setbacks in some states, there are reform efforts in Congress, she reported. Sen. Russ Feingold and Rep. John Conyers are expected to soon introduce the Democracy Restoration Act, a bill that seeks to restore voting rights in federal elections to all Americans who have been released from prison and are living in the community. "The promise of our democracy will never be realized if 4 million Americans remain disenfranchised. It is time to end this last blanket barrier to the ballot box," Wood concluded.

Tennessee: Arrest for Voting Further Disenfranchises Woman

Carla Thomas Smith was arrested last month for registering to vote and casting ballots in November 2004 and November 2006, according to the Leaf Chronicle. The Tennessee resident, who was released on bond, was charged with "accessory after the fact" in 1995 - a felony conviction - which disqualified her from voting in the state. Currently, Tennessee law bans those convicted of a felony with a maximum sentence of more than a year, with the possibility of reinstatement. Those convicted of murder, some sexual offenses, treason and voting fraud permanently lose their right to vote. Further, the law disenfranchises those with felony offenses who have outstanding legal financial obligations, restitution or child support fees.

Massachusetts: 'The More We Imprison, the Less We Vote'

Two citizenship students at Amherst College - one on the 'inside,' the other on the 'outside,' rally for disenfranchisement reform in a co-authored opinion editorial published in the Boston Globe. They write: "We all write the same papers, read the same material by John Locke and Alexis de Tocqueville, and are all equally engaged in debating and discussing everything from the role of the good citizen to America's role in the world. There is no reason to think inmates are uniquely unqualified to wield a vote, and no reason to think they can't."

The class, which meets at the Hampshire County Correctional Facility, combines college students with inmates at the prison. In regard to the more than 25,000 inmates in Massachusetts prisons and jails, the students state that in an effort to better integrate formerly incarcerated individuals in society, voting rights are a key component.

- - - - - -

Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today.

Contact Information -- e-mail: zjennings@sentencingproject.org, web: http://www.sentencingproject.org

Students for Sensible Drug Policy Responds to the Arrests at San Diego State

Just watch the finesse with which SDSU's chapter of Students for Sensible Drug Policy responded to the arrest of 75 of their classmates:

SDSU-SSDP President Randy Hencken's superb performance shows how effectively one can reframe the issue by choosing smart and appropriate talking points. There are many interesting, and truthful, drug policy reform arguments that would nonetheless have been poorly applied here. As the video shows, a disciplined and mature reaction from reformers resulted in positive press coverage.

There is another lesson here, however, that should not go unnoticed: the reform argument came off strong because we had people on the ground at San Diego State well before the DEA showed up to haul students away in handcuffs. SSDP is a growing presence on campuses throughout the nation and beyond. Each new chapter increases our chances of being organized and prepared when the next such opportunity presents itself.

If you're in school and you don’t have a chapter, go here now. Whether you're looking to organize events or just stay informed and make some friends, you'll find what you’re looking for. This is where the next generation of reformers is coming from.

Law Enforcement: This Week's Corrupt Cops Stories

Belated justice comes for two crooked cops, one in Dallas and one in Long Beach. Let's get to it:

Feature: Global Marijuana Day Demonstrations Meet Repression in Handful of Cities

Saturday was the first Saturday in May, which for more than 30 years has been marked by marches and demonstrations in support of marijuana legalization.

Feature: "Color Blind" Drug War Disproportionately Targets Black Americans

America's drug laws do not reference race, but the way they are enforced has a gravely disproportionate impact on African Americans, according to two reports released this week.

Southwest Asia: Iran Accuses West of Ignoring Afghan Opium, US Marines Conveniently Aid Tehran's Case

Iran Wednesday accused the US and NATO of indifference to Afghanistan's booming opium trade and called on the West to help fight smuggling of opium and heroin across the border the two countries sh

Drug Cops Raid Innocent Man, Shoot Him 5 Times, Then File Bogus Charges

His name is Tracy Ingle and he's alive, but he needs help.

1. They raided his house from multiple entrances, bashing down his front door with a battering ram and crashing through his bedroom window.

2. He grabbed a broken gun to scare what he thought were burglars and was subsequently shot 5 times. One bullet remains lodged above his heart.

3. In jail, they withheld his pain medication and antibiotics. They ignored his doctor's instructions to change his bandages and clean his wounds. He became infected.

4. They found no drugs but charged him with drug dealing. His sister claims ownership of the scale and baggies which form the basis for the drug charge. She uses those things for making jewelry.

5. He pawned his car to make bail so he had to walk 2 miles on crutches to his first court appearance. His leg was still infected.

6. On the warrant, the words "crack cocaine" are scratched out and replaced with "methamphetamine," suggesting the document may have been illegally altered after the judge approved it.

7. A neighbor who saw the whole raid now refuses to talk after a visit from the police. They assured him that "he did not see what he thought he saw."

If you can handle it, Radley Balko has much more.

[Ed: Sign our petition to Congress, state legislators, governors and the president to stop these dangerous raids from happening, and click here to learn more about the issue and campaign.]

Mississippi Drug War Blues: The Case of Cory Maye

Drew Carey's latest reason.tv video features the horrific story of Cory Maye, an innocent man who sits in prison after killing an intruder in his home who turned out to be a police officer executing a drug warrant meant for someone else.

This video is required viewing for anyone who thinks they have an opinion about the drug war. If you don't know Cory's story, and the countless others like it, you don't understand what the drug war really is, what it does to innocent people, and how it has corrupted the administration of justice in America.

[Ed: Sign our petition to Congress, state legislators, governors and the president to stop these dangerous raids from happening, and click here to learn more about the issue and campaign.]

Nobody is Safe from Drug Prohibition’s SWAT Teams

Yet another SWAT team raid has gone horribly bad. A group of police officers stormed a house looking for suspected drug dealers. But this otherwise normal situation is somewhat out of the ordinary because there was actually a relatively wealthy, affluent person who was unwittingly targeted:

The [police officers] were together Wednesday night, battering down the door of a suspected drug house, when two men on the other side nearly ended their lives, police said.

Gillis and Garrison remained in Grant Medical Center last night, recovering from serious gunshot wounds, as investigators worked to build the case against the two men accused of shooting them during a raid gone awry on the Near East Side.

One of the accused is Derrick Foster, a 38-year-old former defensive end for Ohio State University who police said has no criminal record.

The article also states that a work review called Foster "an asset to the Near East Side" of the neighborhood where he was employed as a Columbus code-enforcement supervisor. He was a pillar of society. When he heard the police bust in the door of his friends house, he mistook them for a team of robbers and fired his legally-owned weapon. He was not under any investigation, others in the house were. Here is the official police story on what took place:

Officers with the narcotics bureau's Investigative and Tactical Unit had received a warrant to search the house at 1781 E. Rich St., just north of Main Street. They approached about 9:45 p.m.

IN/TAC officers are trained for such raids and make eight to 12 a week across the city, police said. They follow a specific procedure that includes announcing their presence immediately.

"The whole time they're pounding on the door, they're yelling, 'Police!'," division spokeswoman Amanda Ford said.

But according to a witness, the only alert given was for the windows to be broken. The police spokeswoman, who wasn't there, apparently knows something that the witness doesn't. In addition, even if the police did yell, I can think of several completely plausible explanations why people in a home may not hear such an announcement – they’re listening to loud music, they’re in the basement working with loud machinery, they’re asleep and using earplugs, etc. Also, the article stated "police didn't know who might be in the house when they raided it." I question the intelligence and responsibility of the decision to raid a house when they had no idea who might be there. In this case, an innocent man (or men) was exposed to a traumatic experience that ended in a horrible way. What if his daughter had been there too?

What this shows is that anybody could be the target of one of these raids. This is not just a problem for the underprivileged. Foster is a college-educated middle-class father. He owned a legal firearm, a right granted in part for the purposes of self-protection. Attempting to protect himself, he now faces two counts of felonious assault and attempted murder.

It is extremely fortunate that this didn’t turn out even worse. Both of the policemen that were wounded are thankfully expected to recover. But the sad truth is that Foster’s five-year-old daughter is probably going to have to grow up with her father in prison because of this futile drug prohibition-related insanity. Yet another American family destroyed by the increasingly indiscriminate drug war.

News Release: Will SDSU Drug Bust Coverage Raise the Critical Questions?

Will SDSU's Drug Bust Reduce Drug Availability on Campus in the Future?

Advocates Urge Media to Look Beyond the Surface, Ask Critical Questions About Raid's Long-Term Implications for Drug Trade (or Lack Thereof)

In the wake of a major drug bust at San Diego State University, in which 96 people including 75 students were arrested on drug charges as part of "Operation Sudden Fall," advocates are asking media outlets to go beyond the surface to probe whether drug laws and enforcement actually reduce the availability of drugs.

"Cocaine was banned in 1914, and marijuana in 1937," said David Borden, executive director of StoptheDrugWar.org, "and yet these drugs are so widely available almost a century later that college students can be hauled away 75 at a time for them. That is the very definition of policy failure."

Borden, who is also executive editor of Drug War Chronicle, a major weekly online publication, continued: "Since 1980, when the drug war really started escalating under the Reagan administration, the average street price of cocaine has dropped by a factor of five, when adjusted for purity and inflation. (1) Given that the strategy was to increase drug prices, in order to then reduce the demand, that failure has to be called spectacular." Drug arrests in the US number close to 1.5 million per year, but to little evident effect as such data suggests.

Ironically, San Diego County District Attorney Bonnie Dumanis painted a compelling picture of the drug war's failure in her own quote given to the Los Angeles Times: "This operation shows how accessible and pervasive illegal drugs continue to be on our college campuses and how common it is for students to be selling to other students."

"While SDSU's future drug sellers will probably avoid sending such explicit text messages as the accused in this case did, it's doubtful that they will avoid the campus for very long," Borden said. "In fact the replacements are undoubtedly already preparing to take up the slack. By September if not sooner, the only remaining evidence that 'Operation Sudden Fall' ever happened will be the court cases and the absence of certain people from the campus."

"Instead of throwing away money and law enforcement time on a policy that doesn't work, ruining lives in the process, Congress should repeal drug prohibition and allow states to create sensible regulations to govern drugs' lawful distribution and use. At a minimum, the focus should be taken off enforcement," said Borden.

— END —

1. Data from DEA STRIDE drug price collection program, adjusted for inflation using the Bureau of Labor Statistics' Consumer Price Index figures. Further information is available upon request.

Hands Off Cain Daily eNewsletter - IRAN: 12 CONVICTS HANGED

[Courtesy of Hands Off Cain]

In this issue:

IRAN. 12 CONVICTS HANGED
NORTH CAROLINA (USA). DEATH ROW INMATE WALKS FREE-129TH EXONERATION
DRC. FIGHTING TO ESTABLISH THE UNCONSTITUTIONALITY OF THE DEATH PENALTY
SAUDI ARABIA. 3 PAKISTANIS EXECUTED FOR HASHISH SMUGGLING

IRAN. 12 CONVICTS HANGED

Drug traffickers after being executed in Iran

May 5, 2008: Iran has hanged 12 convicted criminals, including nine drug traffickers and three rapists, the latest in a growing number of executions in the Islamic republic, reports said. Nine drug traffickers were hanged, one of them in public, in the northeastern city of Bojnourd, Kayhan newspaper reported, without giving the date of the executions. This appears to be the first report of a public execution in Iran since judiciary chief Ayatollah Mahmoud Hashemi Shahroudi ordered in January that there should be no more public executions without his approval. "One person was hanged in public," said Kayhan, without giving further details. Shahroudi's decree came after a growing number of public executions in Iran, including the hanging of two convicted murderers in the centre of Tehran. It was not clear if he had approved the reported public execution in Bojnourd. Meanwhile, three criminals convicted of kidnapping and raping at least 11 girls were sent to the gallows in the southwestern city of Ahvaz on May 3, the Quds newspaper reported.
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NORTH CAROLINA (USA). DEATH ROW INMATE WALKS FREE-129TH EXONERATION

May 2, 2008: The state of North Carolina dropped all charges against Levon Jones, and he was freed after spending 13 years on death row. U.S. District Court Judge Terrence Boyle overturned Jones's conviction two years ago, but he was held in prison awaiting a possible retrial until prosecutors announced that they were dismissing all charges. Judge Boyle criticized Jones's defense attorneys for "constitutionally deficient" performance, noting their failure to research the history and credibility of Lovely Lorden, the prosecution's star witness. The judge noted, "Given the weakness of the prosecution's case and its heavy reliance on the testimony of Lovely Lorden, there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." In April, Jones's new defense team filed an affidavit in which Lorden said, "Much of what I testified to was simply not true." She also stated that a detective coached her on what to say. Additionally, she collected $4,000 from the governor's office for offering the clues that led to the arrest of Jones. Jones's retrial was set to begin May 12th, 2008. Duplin County District Attorney Dewey Hudson decided to ask the judge in the case to drop all charges. Jones was originally convicted of robbing and shooting a bootlegger named Leamon Grady. Levon Jones is the 129th inmate to be exonerated and freed from death row since 1973. He is the 8th such inmate freed from North Carolina, and the 6th person in the country exonerated in the past 12 months.
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DRC. FIGHTING TO ESTABLISH THE UNCONSTITUTIONALITY OF THE DEATH PENALTY

Liévin N'Gondji

May 1, 2008: ongoing penal code reform in the Democratic Republic of Congo is giving abolitionists the chance to have the death penalty recognised as unconstitutional. The current Democratic Republic of Congo constitution, in place since early 2006, recognises the "right to life" and the "inviolable nature of human beings". A proposition for an article explicitly abolishing the death penalty was rejected by the national parliament during the text's elaboration in 2005. "We have submitted two requests, one to the director of public prosecutions' office and a second to the Ministry of Justice" to formally establish the unconstitutionality of the death penalty, explains Liévin N'Gondji, a lawyer and president of Culture for Peace and Justice (CPJ), member of the World and Congolese Coalitions against the death penalty. Thanks to international aid, the DRC's judicial system is being reformed and donors financing the project have invited CPJ to participate in the joint justice Commission, principally responsible for revising the penal code. N'Gondji estimates that "approximately three quarters of those present were in agreement" with his position on the unconstitutionality of capital punishment. According to N'Gondji, the Commission will make its recommendations to the government by the end of May. The latter should then make a decision quickly. "The next three months will be crucial", he believes.
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SAUDI ARABIA. 3 PAKISTANIS EXECUTED FOR HASHISH SMUGGLING

May 1, 2008: Zargar Sadajan, Roajan Sodajar, and Naik Mohammed Malak Mohammed, all Pakistanis, were executed in Riyadh, Saudi Arabia, after being convicted of receiving large quantities of hashish. A statement released by the Saudi Interior Ministry confirmed that the men were convicted by the court, and the verdict was approved by the Cassation Court and the Supreme Judicial Council.

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