Civil Rights

RSS Feed for this category

This Week's Corrupt Cops Stories

A scandal that keeps on giving in Florida, a pair of bad apple deputies in LA get their just rewards, a crooked NYPD cop gets his, too, and much, much more. Let's get to it:

In Largo, Florida, three Pinellas County narcotics deputies have resigned in an ongoing investigation of misconduct around their techniques for tracking down marijuana grows. The deputies have been accused of trespassing, passing themselves off as utility company employees, and monitoring customers at a Largo hydroponics store, among other things. Paul Giovannoni, 31, resigned Friday after reading evidence against him collected by the Internal Affairs Division, while Detective Michael Sciarrino and Sgt. Christopher Taylor, the other members of the grow house team, resigned earlier this week. One narcotics deputy and two patrol deputies are still under investigation. The narcs arrested dozens of store customers after using a surveillance camera to capture their auto tag numbers, then getting search warrants and busting down doors. They claimed in most warrant applications they could smell marijuana from public sidewalks or neighbors' yards, but defense attorneys dug up evidence they were actually trespassing and lying about it. No one has faced criminal charges yet.

In Philadelphia, a Philadelphia police officer was arrested last Tuesday on charges he sold heroin to an FBI confidential informant. Officer Jonathan Garcia, 23 faces four counts of distribution of heroin and two counts of carrying a firearm during drug trafficking. He allegedly sold the snitch a bundle of 14 heroin packets twice in April and May, but the snitch returned the dope, saying the quality was bad. Garcia then made two more sales, thus the four counts. He was being held at the Federal Detention Center in Center City pending a bail hearing. Garcia has been suspended for 30 days with the intent to dismiss.

In Clinton, South Carolina, a former Clinton police officer was arrested last Wednesday on charges he stole pain pills from the inmate medication storage area at the Clinton Public Safety Department. Clarence Lewis III, 36, is accused of making off with 116 hydrocodone tablets and faces one count each of misconduct in office and theft of a controlled substance. Police noticed discrepancies in the drug logs at the end of last month, identified Lewis as the culprit and suspended and then fired him earlier this month. He's now out on a $5,000 bond.

In Lumberton, North Carolina, a Lumberton police office was arrested last Friday on charges he was involved in drug trafficking. Officer Jason Walters, 35, is charged with attempted trafficking in opium by possession. (North Carolina law calls any opioid "opium"). He has been suspended without pay and was jailed on $20,000 bond. No further details were available.

In New York City, a former NYPD police officer was sentenced last Friday to nearly five years in federal prison for falsely arresting and trumping up drug charges against a man in a case that has fueled criticism of the department's stop-and-frisk program. Michael Daragjati, 33, pleaded guilty in January to violating the man's civil rights after he was caught on a wiretap boasting that he had "fried" the man, whom he referred to using a racial slur. The unnamed man spent nearly two days in jail after being stopped and frisked and then falsely arrested by Daragjati.

In Los Angeles, a former LA County sheriff's deputy was sentenced Monday to six months in jail and five years probation for stealing hash and marijuana from a person he had arrested. Deputy Rafael Zelaya copped to felony counts of receiving stolen property and filing a false police report and agreed to resign from the department as part of the plea deal.

In Los Angeles, a former LA County sheriff's deputy was sentenced Tuesday to two years in jail for trying to smuggle 24 grams of heroin into a county jail facility inside a burrito. Henry Marin, 27, went down after undercover deputies watched him pick up a bean-and-cheese burrito filled with 24 grams of black tar heroin at the Los Angeles Airport courthouse where he worked. Marin said he was duped into accepting the doped delight, but copped to a plea deal rather than fight it out in court.

US/Mexico Drug War "Caravan of Peace" Gearing Up [FEATURE]

Aghast and appalled at the bloody results of Mexican President Felipe Calderon's war on drugs, which has resulted in at least 50,000 deaths since he deployed the military against the so-called drug cartels in December 2006 and possibly as many as 70,000, dozens of organizations in Mexico and the US announced Monday that they will take part in a "Caravan for Peace" that will journey across the US late this summer in a bid to change failed drug war policies on both sides of the border.

caravan launch at Museo Memoria y Tolerancia, Plaza Juárez, Mexico City (@CaravanaUSA @MxLaPazMx)
Led by Mexican poet Javier Sicilia, who was spurred to action by the murder of his son by cartel members in Cuernavaca in 2010, and the Movement for Peace with Justice and Dignity (MPJD) he heads, the caravan will depart from San Diego on August 12 and arrive in Washington on September 10 after traveling some 6,000 miles to bring to the American people and their elected officials the bi-national message that failed, murderous drug war policies must end.

The caravan will be underway in between presidential elections in the two countries. Mexico will choose a successor to Calderon on July 1, and whoever that successor is, will be re-tooling its fight against the drug cartels. By late summer, the US presidential campaign will be in full swing, and advocates hope to have at least some impact on that as well.

The caravan builds on similar efforts last year in Mexico. Led by Sicilia and other relatives of drug war victims, one caravan of more than 500 people left Cuernavaca and traveled north through 15 cities to Ciudad Juarez, one of the epicenters of prohibition-related violence in Mexico. A second caravan left Mexico City with 700 people traveling south through 21 cities. Those caravans helped turn what was an amorphous fear and dismay among Mexicans at the violence into a political movement that has put the issue of the drug wars and their victims squarely on the Mexican political agenda.

"The war on drugs has had painful consequences for our country, such as corruption and impunity," said Sicilia at a Mexico City press conference. "The proof of this is that Mexico has seen over 70,000 deaths and 10,000 disappearances, and this is closely linked to US regional security policies, which have sparked widespread areas of violence, human rights violations, and the loss of the rule of law. The drug war has failed," he said bluntly.

"On August 12, Mexicans will come to the US and cover a route of 25 cities in one month," Sicilia continued. "Our message is one of peace, and our journey will be peaceful with an open heart and the hope of speaking with each other. We believe the harm we live is linked to the failed policies we want to change."

"Regarding policies on the war on drugs, we propose the need to find a solution with a multidimensional and international approach that places the dignity of the individual at the center of drug policy," Sicilia said. "We call on both Mexican and US civil society to open and maintain a dialogue on evidence-based alternatives to prohibition and to consider various options for regulating drugs."

Javier Sicilia on CNNMéxico
For Sicilia and the caravan, drug policy is inextricably tied to other policies and issues that affect both sides of the border. The caravan is also calling for a ban on the importation of assault weapons to the US (because they then end up being exported to Mexican criminals), a higher priority for concentrating on money laundering, an end to US immigration policies that have resulted in the militarization of the border and the criminalization of immigrants, and a refocusing of US foreign policy to emphasize human rights while suspending US military aid to Mexico.

The broad range of interrelated issues is helping build a broad coalition around the caravan. Groups concerned with the border, immigrant rights, human rights, racial justice, and labor are all coming on board.

"Forty years ago, then President Nixon inaugurated the war on drugs, and we've not won the war on drugs -- the only thing we've achieved is being the world's leader in incarceration," said Dr. Niaz Kasravi, with the NAACP criminal justice program. "Through these policies, we've also promoted violence and death for those caught up in the drug war in the US and Mexico. In the US, those who have borne the brunt of it have been people of color. The war on drugs hasn't made our communities safer, healthier, or more stable, but has resulted in the mass incarceration of people of color, a de facto Jim Crow. We are in a violent state of emergency that must end, and we stand committed to ending the war on drugs."

"We emphasize the dignity and humanity of immigrants in the US," said Oscar Chacon of the National Alliance of Latin American and Caribbean Communities (NALACC), "and when we were invited to consider joining the caravan, we identified with it as a cause of our own. We see our issues reflected throughout the caravan. Policies that emphasize militarization and authoritarianism and enforcement and punishment have human rights violations as their natural results. We see in the caravan an opportunity to write a new chapter in our initiatives to highlight the value of respect for all human life and we will use our participation to further educate Latino and immigrant communities about the relationship between policy decisions made in Washington and the sad effects they can have -- in this case, particularly for our Mexican brothers and sisters."

"Prior to coming here, I did not know the extent of the pain, sorrow, and suffering of the families here in Mexico," said Neill Franklin, head of Law Enforcement Against Prohibition. "There are so many orphans, so many families being attacked. Families and future generations are also under attack in my country, with drive-by shootings and running gun battles in the streets of our big cities. Most of those targeted by the drug war here are blacks and Latinos; we have many broken families and communities because of these policies. This caravan will unite our people, our pain, and our solutions in an effort to save our sons and daughters."

"This is a historic moment and one of great necessity," said Ted Lewis of Global Exchange. "The caravan arrives between two presidential elections, and that's intentional, not because we have electoral ends, but because we want the message to be heard on both sides of the border. This is a truly binational effort, and it is very important that leaders on both sides of the border take this message deeply into account as they organize in Mexico a new administration and as they campaign here in the US. This issue must be dealt with now."

Also on board is Border Angels, a San Diego-based group best known for leaving caches of water in the desert to help save the lives of undocumented immigrants heading north. The group has long been critical of increased border enforcement efforts such as Operation Gatekeeper, which have pushed those immigrants away from urban areas and into harsh and unforgiving environments as they seek to make their way to a better life.

"Operation Gatekeeper has led to more than 10,000 deaths since 1994," said the group's Enrique Morones. "Two people die crossing the border every day, but they are also dying south of the border. Now, we see a new wave of migration to escape the terrible violence in Mexico, the country of my parents, and that's why we are joining this movement for peace in this historic caravan. We have told both Obama and Calderon that human rights, love, and peace have no borders. We demand peace, justice, and dignity."

"I think this will really have a significant impact," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "It's going to be a pivotal moment, just a month after the Mexican elections and just a few months before the US elections. I don't think drugs will be a major issue, but it will be bubbling up from time to time."

The caravan will seek to raise awareness on both sides of the border, Nadelmann said.

"Americans need to be aware of the devastation in Mexico from the combination of US demand and our failed prohibitionist policies," he said. "It's also important that Mexicans understand the devastating consequences of the war on drugs in the US -- the arrests and incarceration, the evisceration of civil rights. This mutual understanding is a pivotal part of what we're trying to accomplish."

"I hope the message will come through that change is needed on both sides of the border," Nadelmann continued. "We've seen the failures of prohibition on both sides, but the biggest impetus has to come from the US through legal regulation of marijuana and more innovative policies to reduce demand -- not from locking up more people, but by providing effective drug treatment and allowing people addicted to drugs to get them from legal sources. We need a fundmentally different approach, and this caravan will be a leap forward in understanding the consequences of failed prohibition."

Mexico City
Mexico

A Festival of Lies: Perjury in a Michigan Cocaine Case [FEATURE]

special to Drug War Chronicle by Clarence Walker, cwalkerinvestigate@gmail.com

[Editor's Note: Unless otherwise noted, the information in this article comes from official court documents in the cases under discussion below. Those documents are available online here.]

disgraced former Wayne County Assistant DA Karen Plants (lawreport.org)
Assistant District Attorney Karen Plants was head of the drug unit at the Wayne County District Attorney's Office in Detroit, Michigan, when the suburban Inkster Police Department scored a major drug bust in 2005. Acting on a "reliable tip," officers reeled in 47 kilos of cocaine, the largest haul the Inkster authorities ever made.

Swiftly taken down were Alexander Aceval, Ricardo "Richard" Pena, Chad Povish and Brian Hill, and police estimated the value of the cocaine in the millions. The bust was highly celebrated by police and prosecutors, evidence that the war on drugs was working.

Yet what came next blew the lid off one of the worst cases of police, prosecutorial, and judicial misconduct in Michigan history. The arresting officer, the prosecutor, and the trial judge ended up being charged with a string of crimes ranging from obstruction of justice to perjury.

As Circuit Judge Mary Waterstone, who presided over the trials of Aceval and Pena, told a Michigan Attorney General's Office investigator, prosecutor Plants expressed concern that the life of the informant who made the "reliable tip" was in danger. That informant was Chad Povish, who set up his co-defendants to be arrested.

Waterstone said Plants told her she discussed the looming perjured testimony with Tim Baughman, head of the DA's Office appellate division, who told Plants to inform Waterstone, but not the defense. Baughman also suggested the record of the private conference be sealed.

Waterstone and Plants then agreed to knowingly allow perjured testimony by Povish and the arresting officers -- that police didn't know Povish -- into the trial in a bid to protect his identity. Plants later confessed that she had acted improperly.

"I informed the court when the witnesses lied and I did so in a manner to protect the identity of the confidential informant," she said. "In retrospect, I would have handled the case differently. I realize that allowing false statements is wrong."

In their private meetings, Waterstone and Plants agreed with arresting officers Sergeant Scott Rechtzigel and Detective Robert McArthur and Povish to hide from defense attorneys evidence that would reveal Povish was the snitch who set the bust up.

Povish later told investigators that Plants coached him to testify falsely that he wasn't an informant but only an innocent party to the offense. Povish said the message from then-prosecutor plants was clear: "I didn't know either of the officers." But this wasn't true. Povish was a paid informant for the Inkster police. He also personally knew the officers whom he helped to make the biggest drug bust of their careers.

Police contradicted Povish's story when they finally confessed that he tipped them off about the cocaine in order to collect 10% of Aceval's assets, the standard finder's fee in Inkster. Povish had done the same with other drug dealers in the past. He would later be granted immunity for his perjury in the Aceval and Pena case in return for testifying truthfully against the police, the prosecutor, and the judge.

disgraced former Wayne County Judge Mary Waterstone (3rdcc.org)
Both Plants and Waterstone said they felt the informant's life was in danger if he were exposed as the person who helped police take 47 kilos from the Mexican drug cartels. But there was never any testimony from a witness or police to substantiate those fears. The judge's and prosecutor's fears may or may not have been justified, but their actions trampled on the constitutional rights of the defendants. And it doesn't end there.

Michigan attorney David L. Moffitt represented Aceval on appeal after he and Pena were convicted on perjured testimony. He insists that police were playing fast and loose with the truth from the time the bust went down.  The arresting officers wrote in their reports that they saw Aceval and Pena place kilos of cocaine into Povish's Oldsmobile, he points out. But Povish himself testified that he and Brian Hill loaded the coke.

"Immediately upon the arrests of Alexander Aceval and Ricardo Pena, the perjury scheme went into motion," Moffitt declared at the time.

Allowing perjured testimony is absolutely inexcusable, said Wayne State law professor Peter Henning.

"There's no circumstance in which perjury should knowingly be allowed to be put before a jury. And if it is discovered afterward, it needs to be corrected and that's true even in a case such as this one," he told the Metro Times.

Although this was clearly a case of multi-level misconduct, it worked -- at least at first. Aceval and Pena were convicted based in part on perjured testimony and sentenced to prison. Povish and his friend Brian Hill were never charged. Justice had been served, or so it seemed.

The Tables Turn

But things took a dramatic turn when Moffitt and James Feinburg, Aceval's and Pena's appellate attorneys, discovered the secret meetings between prosecutor Karen Plants and Judge Mary Waterstone. The Wayne County legal structure shuddered as if hit by an earthquake. When news broke that the prosecutor enlisted the judge in the case to go along with perjury by police and Chad Povish during Aceval's and Pena's trials, lawyers and concerned citizens were stunned.

Judge Waterstone was charged with misconduct in office, a felony which carried five years in prison. Plants and the officers were charged with obstruction of justice and perjury, offenses punishable by life in prison. If convicted, Plants would fall from her prestigious position as head anti-drug prosecutor for the DA's Office to being a criminal ringleader in what had been the biggest case of her drug-fighting career.

"Prosecutor Karen Plants intentionally conspired with Judge Mary Waterstone and the officers to hide the truth about Chad Povish being the informant," Moffitt recently told this journalist during an interview.

"Plants and Judge Waterstone were in on the fabrication from the beginning, yet Plants told the court she had not spoken to Povish before Aceval and Pena's preliminary examination. "Without Povish's pejury at the preliminary hearing Mr. Aceval could not have been bound over for trial," Moffitt said.

Perjury in the Aceval-Pena case is another classic example of prosecutors and law enforcement officers engaging in shady tactics to win at all costs. When DA Karen Plants allowed lies to infect the case against Aceval and Pena, her actions amounted not only to prosecutorial misconduct, but rose to the level of criminal behavior.

Attorney David Moffitt
Plants' behavior was extreme, but prosecutors cutting corners to win convictions has been a problem all over the country. Reports of rampant prosecutorial misconduct have led Senator Lisa Murkowski (R-AK) to introduce Senate Bill 2197, the Fairness in Disclosure of Evidence Act, which had a hearing in the Senate Judiciary Committee last week. The bill is a bipartisan proposal with five cosponsors that requires federal and state prosecutors to turn over to defendants all evidence favorable to their case. The bill would also impose penalties when prosecutors fail to do so.

Anatomy of a Bust

Alexander Aceval owned a popular club in Farmington Hills outside Detroit called "J-Dub." Aceval's club generated lots of business and he made lots of money. Chad Povish was a professional carpet installer who friends said once wanted to become a cop -- and sometimes acted like one. But instead he became a paid snitch for the Inkster Police Department under narcotic detective Robert McArthur.

Povish met Aceval through a friend named Bryan Hill. Hill worked at Aceval's club as a bartender. During conversations between Povish and Hill, Hill confided to Povish that Aceval sold more than liquor. This startling news piqued Povish's interest.

On March 11, 2005, according to court records, club owner Aceval offered Povish a cool $10,000 to drive a load of cocaine (worth millions) to a designated location when the drugs arrived from a Mexican drug cartel connection in Texas. Povish was excited. He thought he'd hit the jackpot!

First, he contacted Detective Robert McArthur and laid out the plans about to go down. McArthur called Sergeant Scott Rechtziel to assist. A trap was set for the suspected dealers, and the officers were anxious to make the biggest drug bust of their careers.

Once Aceval's Texas connection delivered 47 cocaine kilos, Povish and and Hill stashed the contraband into duffel bags and placed them into Hill's 1986 Oldsmobile vehicle located outside Aceval's club. Aceval allegedly directed Povish and Hill to transport the drugs to a certain location. Aceval followed in a separate vehicle. Pena was arrested near the club with cocaine in his pocket.

But the deal was doomed. As soon as the vehicles hit the highway, the police swooped in and stopped Povish and Aceval's vehicle. Everyone was arrested. But Povish and Hill were released. Aceval and Pena were charged with possession with intent to distribute over 1,000 grams of cocaine including conspiracy to deliver over 1,000 grams of cocaine.

Courtroom Drama: Here Comes the Judge

Police and prosecutors wanted to hide the fact that Povish was the snitch, and that he was motivated to target Aceval because of the chance for a big payday -- he would receive a percentage of Aceval's not insubstantial assets. While Judge Waterstone and Prosecutor Plants would later say they hid the information about Povish's
informant status from the defense to protect him from being killed, it also removed potentially damaging lines of inquiry for the defense team.

"It was always known that there was an informant," said appellate attorney Moffitt.

Aceval's trial attorney, James Feinberg, had also suspected Povish or Hill as the informant and that perjury existed. Before trial, attorney Feinberg asked the court to identify the confidential informant. During an evidentiary hearing on June 17, 2005, Judge Waterstone conducted an interview with Detective McArthur. McArthur informed the judge that he and Sergeant Rechtizigel knew that Povish was the confidential informant, adding that Povish had been paid $100 for his services and, "He was going to get 10% of whatever we get."

The conference meeting record was sealed. Judge Waterstone denied Feinberg's motion to identify the informant although the officers had already told her that Chad Povish was the informant.

It kept getting worse. As a court reporter took down notes during a meeting between DA Plants and Judge Waterstone, Plants sounded worried as she explained how defense attorneys for Aceval and Pena were trying to obtain phone company records for Povish and Hill's cell phones. Plants mentioned she heard from a jailhouse informant that Aceval and Pena had targeted Povish or Hill as the guys who gave them up.

Waterstone heeded Plants' concerns. Instead of letting the defense attorneys know about the meeting as the law required, Waterstone issued an order to the phone carriers informing them not  to release the cell records.


Subsequently, attorney Feinberg fired off another motion to have Waterstone to suppress other specific evidence. At a hearing on September 6th 2005, Sgt. Rechitzel lied when he testified, in response to defense counsel's questioning, that he "never had any contact with Povish before the arrest of  Aceval and Pena on March 11th 2005."

Even though prosecutor Plants knew the officer was lying, she never objected. But there was more.

On September 8, 2005, in another private conference without defense attorneys present, the prosecutor admitted to Waterstone she knew Sgt. Rechitzel lied about denying involvement with Povish and Hill prior to the time he arrested Aceval and Pena.

"I let the perjury happen because I thought an objection would reveal the identity of the informant," Plants said.

Judge Waterstone agreed with Plants. "Given the circumstances, it was appropriate for the officer to lie," she said in the sealed record of the meeting.

In his appeal, attorney Moffitt asserted that a transcript showed that Plants asked pointed questions of Povish and both officers, questions which elicited false responses, which Plants knew were false but never corrected.

During trial on September 12, 2005, Chad Povish took the stand and repeated the lie that he never met officers Rechtizgel or McArthur before they stopped his cocaine-loaded vehicle and lied again when he testified that neither officer offered him a deal of any kind. He also testified he never knew what the duffel bags contained.

In closing arguments to jurors, Plants characterized Chad Povish and Bryan Hill as "dummies stupid enough to be mules."

"The prosecutor's argument misled jurors about Povish's true role in actually helping police to arrest Aceval and Pena," Moffit noted.

Aceval's trial ended in a hung jury while Pena was convicted on drug charges. Meanwhile the attorneys for both men filed appeals on their behalf. Pena's conviction was overturned. Pena's reversal exposed what the attorneys already knew: a conspiracy to cover up perjury had been going on.

Prior to Aceval's new trial, Moffitt  and his co-counsel encountered another shocker: Despite Judge Waterstone's and DA Plants' admissions that they allowed perjured testimony by the cops and the informant in the first trials, the new judge would allow DA Paul Bernier to call Waterstone, Plants, informant Chad Povish, and the cops as witnesses in the retrial of Aceval to explain why false testimony wound up in the original case.

"That was incredible," Moffitt said.

Harmless Error

Once the court records detailing the secret meetings between Plants and Waterstone discussing the perjured testimony of Povish and the police officers were unsealed, attorney Moffitt filed a motion to quash the indictment against Aceval to block a retrial. A new judge, Vera Jones, appointed to the case after Waterstone recused herself, denied Moffitt's motion to dismiss.

Moffitt appealed, but the appellate court upheld Jones's ruling without much explanation. The appeals court also refused to find that Plants had committed prosecutorial misconduct. Moffitt appealed to the Michigan Supreme Court. In December, 2010, the Supreme Court rejected the appeal.

"The high court's failure to summon a majority to review whether judicial and prosecutorial misconduct can be a basis to convict may relegate Michigan's justice system to one worthy of a third world dictatorship," Moffitt told the Detroit News.

The Quest for Justice

David Moffitt is not a quitter when it comes to fighting for the underdogs caught up  in the criminal justice system. He has been a passionate advocate to see that the public officials in the prosecution of Alexander Aceval and Richard Pena are punished not only in state courts but also to face charges for civil rights violations in federal court.

"This case should be looked at closely by the feds," Moffitt said.

Moffitt continues to wonder how much the upper echelons of the Wayne County District Attorney's Office knew about Plants' subornation of perjury in the Aceval and Pena trial. He recalls Wayne County Chief Prosecutor Kym Worthy remarks about her duty to prosecute former Detroit Mayor Kwame Kilpatrick for perjury.

"Witnesses must give truthful testimony and we demand that they do," she said then.

"Ms. Worthy does not hold herself or her employees to the same standards," Moffitt said."There's absolute proof that Worthy's Assistant DA Karen Plants confessed to allowing lies in my client's case and Worthy didn't have the moral turpitude to fire Plants for actually committing a crime in a court of law. She allowed her to retire."

With defense efforts to get the case thrown out because of prosecutorial and judicial misconduct thwarted, Aceval and Pena took plea deals instead of going back to trial in 2006.

The Judge Walks

After a series of appeals and pretrial challenges, on April 11, the Michigan Appellate Court dismissed the last pending felony charge against the now retired Judge Waterstone. Last year, Wayne County presiding Judge Timothy Kenny dismissed three other counts against Waterstone, who retired after the Aceval-Pena scandal.

As Kenny put it in his decision, "the meetings between Waterstone and Plants were not a neglect of duty as alleged in the indictment, but instead their actions were deliberate acts taken out of concern for informant Povish's safety."

Michigan Attorney General John Selleck hinted he might appeal the final dismissal of charges against Waterstone. "We are reviewing the opinion and will make a decision on which action to take at a later time,"

Waterstone was elated. "I'm going to get a good night's sleep for the first time in three years," she told the Detroit Free Press.

Former DA Plants wasn't so lucky. She pleaded guilty to official misconduct and was ordered to serve six months in jail. Earlier this year Plants' law license was permanently revoked.

Officer Robert McArthur pleaded guilty to a misdemeanor charge of filing a false report and he, too, was ordered to serve 90 days in jail. Sergeant Rechtizgel pleaded guilty to a similar charge but no jail time was ordered.

A judge forced to retire in disgrace and who barely escaped felony charges. An ambitious prosecutor forced to retire in disgrace, disbarred, and jailed. Two police officers forced out of their jobs and convicted of criminal charges. If those police officers and judicial officials had simply honored their oaths to uphold the law, such fates would not have befallen them.

But that would have made it more difficult to win their case. And that desire to win at all costs trumped upholding the Constitution.

Detroit, MI
United States

Connecticut Bill to Strengthen Racial Profiling Ban Passes

The Connecticut House Monday passed a bill to strengthen the state's 12-year-old racial profiling reporting, which some senators said was not being followed by police. The bill, Senate Bill 364, passed the Senate last month. Gov. Dannel Malloy (D) said in statement Monday he would sign it into law.

]"More than 10 years ago, as the mayor of Stamford, I was proud to stand with the men and women of the Stamford Police Department on Martin Luther King Day to announce that we did not tolerate racial profiling and would lead the efforts to ensure its elimination. As governor, I will continue to insist that every effort is taken to protect individual rights in every community and that racial profiling is eliminated," Malloy said. "This is a real problem that deserves a real solution, and my administration is committed to carrying out the spirit and letter of this law. I look forward to signing the bill when it arrives at my desk."

The original racial profiling law was pushed by then-Senator Alvin Penn, who spoke out loudly against the practice. Penn said he himself had been stopped by police for no reason except for his skin color. Penn died of pancreatic cancer in 2003.

That law required police departments to report on each traffic stop, noting the driver's race and the reason for the stop. In the first six months the law was in effect, police wrote 315,000 reports, and a 2001 study of those reports found that blacks accounted for only 8% of the state's population, but 12% of the traffic stops.

Still, the state's top prosecutor said at the time that the numbers did not suggest racial profiling.

"We did not find a pattern of racial profiling,'' said then Chief State's Attorney John M. Bailey. "Minority drivers do not appear to be treated systematically any different than non-minority drivers.''

In the decade since then, the issue has quietly festered while police departments quietly quit reporting. According to Senate Democrats, only 27 of the state's 92 police departments are complying with the law.

Last month, the head of the Connecticut Police Chiefs Association, Douglas Fuchs, told the Hartford Courant that most departments were complying with the law. He added that racial profiling data does not "accurately portray how Connecticut law enforcement across the state conducts business,'' although he did not explain why not.

But former state Rep. Michael Lawlor, who is now Gov. Malloy's (D) chief criminal justice advisor, disagreed. "The fact of racial profiling is very real. Almost every African-American has a story like that [of profiling], and very few white people do. It's real.''

Senate President Pro Tem Donald Williams (D) also disagreed, saying, "Racial profiling is a problem in Connecticut and throughout the United States… It's time to strengthen' the law."

Malloy said his administration hadn't waited for the law to pass to start working on its provisions.

"Our administration has already begun taking some of the steps required under the legislation," he said. "Last year, I instructed the Office of Policy and Management, with the help of Central Connecticut State University, to create the advisory group called for in the bill, and they have begun to develop standardized methods and guidelines to improve collection of racial profiling data."

Hartford, CT
United States

This Week's Corrupt Cops Stories

Hoo-boy! Institutionalized misconduct and corruption in Florida and New Jersey, more jail guards in trouble, a pill-peddling cop, and a former Colorado sheriff goes down for trading meth for sex. Let's get to it:

In Clearwater, Florida, defense attorneys have called for a US Justice Department investigation of the Pinellas County Sheriff's Office Narcotics Unit, which is embroiled in an ever widening scandal over its practices. The attorneys say the unit routinely violated the civil rights of people it investigated and engaged in unlawful searches and seizures. The scandal began when a videotape emerged of narcotics detectives hopping over a wall to investigate a suspected marijuana grow without a warrant and then trying to destroy the evidence by taping over it. Defense attorneys also accuse unit members of covering up drug trafficking by the daughter of one of its members, physically abusing a man, stealing public funds, and committing perjury when questioned about their potentially illegal activities. New Sheriff Bob Gualtieri has opened at least six internal investigations into the dope squad.

In Camden, New Jersey, the city has paid out at least $340,000 in damages to nearly a dozen low-level accused drug dealers and users whose convictions were overturned because of potentially tainted evidence gathered by corrupt city police. And that's just so far. Another 75 lawsuits alleging abuses have been filed in state Superior Court and nearly as many in federal court. They claim they were victimized by dirty cops who planted evidence and falsely arrested and charged them. Four former Camden police officers have been convicted of planting evidence, stealing cash and drugs, conducting illegal searches, and fabricating reports that led to a series of arrests and convictions between 2007 and 2009. Each faces about 10 years in jail. In addition to the pay-outs, the Camden County Prosecutor's Office has had to dismiss some 200 cases.

In Jacksonville, Florida, a Jacksonville's Sheriff's Office jail guard was arrested last Wednesday after selling oxycodone tablets to an undercover officer. James Mock III, 28, was on duty and in uniform when he sold 80 30-milligram pills in return for $1,600. Now he's facing first- and third-degree felony charges, including selling a controlled substance within 100 yards of a convenience store and possession of a controlled substance without prescription. He was a probationary employee and has been fired.

In Gloucester, New Jersey, a Gloucester Township police officer was arrested Wednesday on drug charges after an internal investigation. The as yet unnamed officer was on duty when arrested and is charged with possession of a controlled dangerous substance, possession of an imitation controlled dangerous substance, possession of a weapon during a controlled dangerous substance offense, and possession with intent to distribute a controlled dangerous substance.

In New York City, a former city jail guard pleaded guilty last Thursday to having sex with an inmate and smuggling drugs and other contraband into the Rikers Island jail. Clara Espada, 41, pleaded guilty to third-degree receiving a bribe, a Class D felony, and forcible touching, a misdemeanor. She went down after the inmate she had sex with told investigators he helped broker deals for Ecstasy, alcohol, and cigarettes that netted Espada $300 a month. Espada is awaiting sentencing and facing six months in jail under a plea deal.

In Centennial, Colorado, a former Colorado Sheriff of the Year pleaded guilty Tuesday to charges he traded methamphetamine for sex with young male tweakers. Former Arapahoe County Sheriff Patrick Sullivan, 69, served as sheriff from 1984 to 20002 before resigning to become director of security at a metropolitan Denver school district. He resigned that position in 2008. He was arrested in a sting operation last year after a man arrested on meth charges mentioned a connection and held in custody in a jail named after himself. He copped a plea to felony meth possession and misdemeanor solicitation of a prostitute, while prosecutors dropped charges of meth distribution and attempting to influence a public servant. Sullivan will do 30 days in jail in addition to eight days he served when arrested.

This Week's Corrupt Cops Stories

An ugly strip search scandal brews in Milwaukee, a bogus pot bust get cops in hot water in Pittsburgh, plus a crooked border deputy, a crooked Puerto Rico cop, and a crooked prison guard. Let's get to it:

In Milwaukee, Wisconsin, eight Milwaukee police officers are under investigation for conducting unlawful strip searches on people they suspected were carrying drugs. Complaints are piling up that officers in District 5 on the city's north side sexually assaulted people and violated their civil rights while conducting rectal searches for drugs on the street. Those under suspicion include Sgt. Jason Mucha, who has been investigated in the past after suspects accused him of beating them and planting drugs on them, and Officer Michael Gasser. Under state law, it is illegal for police to perform a cavity search involving someone's genitals. Such a search must be done by licensed medical personnel once a suspect has been arrested.

In Pittsburgh, Pennsylvania, two Pittsburgh police officers are the targets of a lawsuit filed last Monday by a Hampton man who alleges they falsely arrested him for buying marijuana at a car wash. Officers Kenneth Simon and Anthony Scarpine arrested Timothy Joyce, 23, after Simon claimed he saw Joyce buy weed from a man at the car wash. That led to Joyce being jailed for several days on a charge he violated probation on a misdemeanor drug possession charge. Video surveillance at the car wash showed that Joyce did not interact with the man the officer claimed sold him the marijuana, and the charges were dropped. Joyce is suing the city and the two police officers for unlawful arrest, unlawful search and seizure, and malicious prosecution.

In McAllen, Texas, a former Hidalgo County sheriff's deputy was sentenced last Monday to 11 years in federal prison for his role in a 2009 drug conspiracy. Heriberto Diaz and another deputy raided a house filled with 354 pounds of marijuana, but instead of arresting the occupants, they arranged to have one of their informants steal it. The plot unraveled when a Mission police officer came upon the informant as he was removing the marijuana from the property. Diaz was convicted of conspiracy to distribute marijuana and lying on an official report.

In San Juan, Puerto Rico, a former San Juan Municipal Police officer was convicted last Wednesday for his role in providing security for drug transactions. Arcadio Hernandez-Soto, 35, was convicted in San Juan of three counts of conspiracy to possess with intent to distribute more than five kilograms of cocaine, four counts of attempting to possess with the intent to distribute more than five kilograms of cocaine, and four counts of possession of a firearm in furtherance of a drug transaction. He provided security for what he believed were illegal cocaine deals, but which in fact were part of an undercover FBI operation. In return for the security he provided, Amaro-Santiago received a cash payment of between $2,000 and $3,000 for each transaction. He faces a mandatory minimum sentence of 90 years in prison and a maximum penalty of life in prison.

In Bloomfield, New Jersey, a Bloomfield prison guard was sentenced last Friday to five years in state prison for his role in a scheme to smuggle drugs, cell phones, and other contraband into the Essex County Correctional Facility. Corrections officer Joseph Mastriani, 32, was the mastermind of the ring and made $1,000 a week in the operation. He had pleaded guilty in November to one count of second-degree official misconduct. Under the terms of the plea agreement, he is required to serve five years in prison before being eligible for parole.

Rallies, Vigils Mark 40 Years of Failed Drug War [FEATURE]

It was 40 years ago Friday that President Richard Nixon (R) declared illegal drugs "public enemy No. 1" and ushered in the modern war on drugs. Four decades, millions of drug arrests, and a trillion dollars later, the sale and consumption of illicit drugs is as firmly ensconced in American society as ever, and a growing number of Americans are ready to end drug prohibition and embark on a more sane and sensible, not to mention less harmful, approach toward drugs.

Marching to the end the drug war in San Francisco (Image courtesy the author)
In dozens of cities across the land, activists, drug war victims, and just plain folks gathered Friday to commemorate the day of infamy and call for an end to that failed policy. Their numbers were not overwhelming, but their voices are being heard, and the more hopeful among us can begin to see the faint outlines of a nascent mass movement for reform.

Messages varied from city to city -- in California, demonstrators focused on prison spending during the budget crisis; in New Orleans, the emphasis was on racial injustice and harsh sentencing -- but the central overarching theme of the day, "No More Drug War!" was heard from sea to shining sea and all the way to Hawaii.

In San Francisco, several hundred people from more than a dozen sponsoring organizations gathered at City Hall for a press conference and to demand that Gov. Jerry Brown (D) and the state legislature prioritize vital social services over spending on prisons. Then, accompanied by drummers from the Brass Liberation Orchestra, they marched through the city center to state office buildings before returning to City Hall.

"It is past time that we take real steps to make real changes to California’s totally inhumane prison system," said Emily Harris, statewide coordinator for Californians United for a Responsible Budget (CURB), one of 17 local groups organizing the march.

The Brass Liberation Band was beating the drums for an end to prohibition (Image courtesy the author)
"Spending on prisons has grown from five percent to ten percent of our General Fund spending, doubling just in the past decade," said Lisa Marie Alatorre of Critical Resistance, a CURB member organization. "Locking up too many people for too long does not contribute to public safety and is draining essential resources from education and health care -- programs that make a real difference to Californians."

"We call on the governor, California's mayors, police chiefs and sheriffs, and all Californians to join us in calling it a failure that should be stopped immediately," said Dr. Diana Sylvestre of Oasis Clinic and the Oakland-based United for Drug Policy Reform. "We will continue to organize to win our fight against this endless assault on sane drug policies."

In Chicago, hundreds gathered outside James R. Thompson Center in the Loop to commemorate the 40th anniversary of the drug war, while inside the center was a ceremony honoring Juneteenth, a remembrance of the signing of the Emancipation Proclamation by President Lincoln in 1863. For those present, the connection between the struggle to win civil rights and the fight to end the drug war was easily made. Cook County Board President Toni Preckwinkle, Father Michael Pfleger and other community leaders lent their voices to the rally.

Dancers joined the protest krewe in New Orleans (Image courtesy Pelican Post)
"There is not a war on drugs, there is a war on the poor and a war on people of color!" said Pfleger, whipping up the crowd.

"We all know that the war on drugs has failed to end drug use. Instead, it's resulted in the incarceration of millions of people around the country, and 100,000 here in Cook County on an annual basis," said Preckwinkle, the only elected official to address the crowd. "Drugs and the failed war on the drugs have devastated lives, families and communities. For too long we've treated drug use as a criminal justice issue, rather than a public issue, which is what it is."

In Honolulu, the ACLU of Hawaii and other drug reform advocates marked the occasion with a rally and speeches. Access to medical marijuana was a big issue for attendees there, although the main focus was on ending the drug war.

"It has cost a trillion dollars. It has perpetrated massive racial injustice. It has made the United States the largest jailer," said Scott Michaelman. "Treatment over incarceration is a core part of our message. Low level nonviolent users should not be a part of the criminal justice system," he added.

Braving the heat to beat prohibition in the Big Easy (Image courtesy Pelican Post)
In steamy New Orleans, several dozen protesters led by Women with a Vision and including dance groups and local anarchists braved temperatures in the 90s to hold a bouncy second-line parade through Central City and then a community forum to call for an end to racial profiling, lengthy sentences, and unfair drug policies.

"You get to see the people coming together. It's a unity thing," Keyondria Mitchell, a supporter who led one of the dancing groups, told the Pelican Post.  She said the event's varied attendees were testament to a changing public perception of the drug war. "That's what you want, awareness."

Women with a Vision director Deon Haywood said that 40 years on, the drug war had failed to make us safer despite all the money down the drain. "It hasn't curbed the use of illegal drugs, but what it has done is incarcerate many people," said Haywood. "We have only two licensed addiction counselors serving three parishes: Orleans, Plaquemines, and St. Bernard. Why can't that money be put into treatment?"

In San Diego, dozens gathered at Pioneer Park in Mission Hills to hear, among others, former California Assemblymember Lori Saldana call for complete repeal of drug prohibition; in Denver, the Drug Policy Alliance sponsored a well-attended debate; and in Portland, Oregon, the Lewis & Clark chapter of Students for Sensible Drug Policy organized a candlelight vigil at Pioneer Square attended by around 100 people. Events also occurred in other cities, including Ann Arbor, Miami Beach, and Washington, DC.

The crowds didn't compare to those who gather for massive marijuana legalization protests and festivals -- or protestivals -- such as the Seattle Hempfest, the Freedom Rally on Boston Commons, or the Ann Arbor Hash Bash, or even the crowds that gather for straightforward pot protests, such as 420 Day or the Global Marijuana March, but that's because the issues are tougher. People have to break a bit more profoundly with drug war orthodoxy to embrace completely ending the war on drugs than they do to support "soft" marijuana. That relatively small groups did so in cities across the land is just the beginning.

These Are Your Rights on Drugs (Opinion)

Scott Lemieux, Assistant Professor of Political Science at The College of Saint Rose, discusses the Supreme Court's continued long-standing assault on constitutional protections in service of the war on drugs (or, as it might be more accurately described, the war on some classes of people who use some types of drugs).
Publication/Source: 
The American Prospect (DC)
URL: 
http://prospect.org/cs/articles?article=these_are_your_rights_on_drugs

Another Drug Case Dismissed in Connection with San Francisco Police Misconduct Probe

Location: 
San Francisco, CA
United States
Another drug case was dismissed in connection with allegations of police misconduct by San Francisco officers. More than 85 cases have been dropped because of a string of videos released by Public Defender Jeff Adachi that he said show misconduct by plainclothes officers performing drug busts at residential hotels in the city. The latest dismissal might not be the last related to the police misconduct allegations. Adachi said last week that the district attorney's office has provided him with a list of 6,900 cases involving officers from the previous videos, which appear to show officers from the Police Department's Southern Station entering rooms without a warrant or consent, contradicting what was written in the officers' reports.
Publication/Source: 
Fox News (US)
URL: 
http://www.foxreno.com/news/27958695/detail.html

Drug Warriors Gun Down Young Father (Opinion)

Location: 
AZ
United States
James Peron, President of the Moorfield Storey Institute, recounts the recent drug prohibition related death of a young husband, father, and Iraq veteran who was shot at 71 times by heavily armed men who then allegedly prevented medical assistance from being given until he was dead. The heavily armed men were from the Pima County Sheriff's Department. Another drug raid gone bad.
Publication/Source: 
The Huffington Post (CA)
URL: 
http://www.huffingtonpost.com/james-peron/jose-guerena_b_863278.html

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School