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SWAT/Paramilitarization

Cory Maye: Drug War Victim Gets a New Trial


The battle over the fate of drug war victim Cory Maye has been fought quietly in court for the last several months, but Radley Balko brings the long-awaited & exciting news that Maye has been granted a new trial.  

For those new to the case, Maye is a young, single father whose home in Prentiss, MS was raided by police in the middle of the night in late 2001. Unaware that the intruders were police and fearing for the safety of his infant daughter, Maye opened fire and killed an officer. As it turned out, the warrant was for the neighboring unit and Maye had nothing illegal, except marijuana ashes. Nevertheless, Maye was convicted of capital murder and sentenced to death. The case has become widely regarded as a classic example of how aggressive drug war police tactics can lead to terrible misunderstandings and injustices.

But it's also become an inspiring illustration of how bloggers and activists can effectively use the internet to fight for justice. Radley Balko's initial coverage of the case at his blog, The Agitator, ignited national interest in Maye's plight. The case drew the attention of an attorney at the prestigious law firm Covington & Burling, which offered to represent Maye pro bono. That changed everything. Maye's death sentence was challenged and overturned. Then, last week, it was announced that Maye will receive a new trial altogether, one in which he will enjoy superb representation and his best chance yet at securing his freedom once and for all.

It's an incredible story that we'll continue to follow as the new trial approaches. For more detailed background on the case, check out Radley Balko's award-winning 2007 report at Reason.

Update: Reason.tv has a good piece on Maye's case as well:



Cheye Calvo Takes a Stand Against Corrupt Drug War Policing

Ever since police killed his dogs in an epic – yet typical – episode of botched drug raid debauchery, I've been repeatedly awed by Cheye Calvo's judgment, composure and commitment to justice. He didn't pick this fight, but it's become crystal clear he won't give up until it's finished. So if the arrogant police officials in Prince Georges County, MD think that continuing to stall will spare them any embarrassment or accountability, this Washington Post Op-ed should put their delusions to rest.

I'm not going to block quote this because I hope each of you will read the whole thing in its entirety. It's hard to imagine a more honest and powerful response to police who think the drug war gives them the right to abuse the people they serve.

Mayor Calvo's bravery deserves our applause and continued support. I agree with Radley Balko that he should consider running for a higher office in Maryland. There's no better way to establish accountability than to become the person performing the oversight.

Law Enforcement: Minneapolis Pays For Drug Raid Cop's Attack on Bystander

The Minneapolis City Council voted unanimously two weeks ago today to

Police Kill Church Pastor in Botched Drug Raid. No Drugs Found.

Via Radley Balko, here's another grave tragedy that we can all thank the drug war for making possible. The victim clearly freaked out when police confronted him, but I'm not at all convinced that he understood who they were. They were in plain clothes in an unmarked vehicle jumping out on a guy who'd just drawn money from an ATM. Why would he knowingly try to evade police when he didn’t have anything illegal on him?

It's one more dreadful tragedy that just didn't have to happen. Police pulling guns on harmless people should be a rare event, but it's not. And when it happens, it's almost always the result of some crazy drug investigation with more questions than answers.

When experts like Mark Kleiman say that legalization doesn’t add up, are they factoring events like this into the equation?

An Epidemic of Botched Drug Raids in Maryland

Radley Balko has a new piece at Reason showing that the disastrous Cheye Calvo raid is just the tip of the iceberg. His conclusion is sad, but probably correct:

Terrible as it sounds, it may well take more mistaken raids on high-status victims like Calvo to generate real debate over the wisdom of using violent, high-risk police tactics to serve warrants for nonviolent crimes.

Hopefully Calvo's lawsuit, along with the new SWAT monitoring legislation he helped pass, will bring about needed changes without any more lives having to be lost. I'd hate to think that further bloodshed is the only path to reform.

Drug Raids: Maryland Sheriff Clears Department in SWAT Assault on Mayor's Home -- Mayor Sues Sheriff, Seeks Restrictions on SWAT

The Prince Georges County, Maryland, Sheriff's Department has finished its investigation into a drug raid last summer in which deputies charged into the home of the mayor of Berwyn Heights and kill

Police Raid Innocent Elderly Couple, Blame it on the Weather

Police in Indianapolis burst into the wrong and terrified an elderly couple, but they have an explanation:

Officers were trying to serve a warrant for a man wanted on drug charges. The address listed on the paperwork was 4042. The Minton’s home is 4048, with both house numbers clearly marked.

But Major Mark Robinett of the Marion County Sheriff’s Department, who is in charge of warrant sweeps, said he was told that officers had a difficult time reading the addresses because of overcast skies.

I've heard a lot of weak excuses for botched drug raids, but this is just classic. As is often the case in such scenarios, the explanation serves only to make police sound even more confused and incompetent than they already did.

Seriously, if you can't even see what you're doing, then don't burst into private homes with your guns drawn. A word of advice to the Mintons: you should sue these people silly. The admission that their vision was obstructed at the time of the raid, though utterly disingenuous, is tantamount to gross negligence. I'd just love to see them on the stand trying to explain this.

Police Applaud Themselves For Raiding Innocent People and Killing Dogs

Police in Prince George's County, MD have completed their internal investigation of the botched raid on the home of Berwyn Heights Mayor Cheye Calvo. Their disgusting, though unsurprising, conclusion is that they did a terrific job:

The findings of the internal review "are consistent with what I've felt all along: My deputies did their job to the fullest extent of their abilities," Sheriff Michael Jackson said at a news conference.

"I'm sorry for the loss of their family pets," Jackson said. "But this is the unfortunate result of the scourge of drugs in our community. Lost in this whole incident was the criminal element. . . . In the sense that we kept these drugs from reaching our streets, this operation was a success." [Washington Post]

Except that they could easily have intercepted the package before it was ever delivered, thereby eliminating the need for the violent raid entirely. Killing the dogs was completely unrelated to the goal of intercepting the drugs and it's just supremely dishonest to equate those two outcomes. Radley Balko has more on the fundamental incoherence underlying these latest claims from the PG County Sheriff's Office.

In the end, Sheriff Jackson is making a powerful statement to the public: this could happen to you. He's proud of his officers' actions and he has no intention of trying to prevent this from happening again. Cheye Calvo filed a lawsuit today that will hopefully change that.

Wrong Door Drug Raids Are No Laughing Matter


I don't exactly understand what the agenda behind this video is supposed to be, but it kind of gave me the creeps. I think it's supposed to be funny and I wonder if the creators realize how true it really is.


If There's No "War on Drugs" Anymore, Then What's the Helicopter For?

If the new drug czar wants us to stop thinking of our drug policy as a "war on drugs" maybe he should tell police to stop trying to impress school children with their noisy war machines:

The students at the High Point Elementary & Adolescent Schools were greeted two special visitors who landed an Army National Guard helicopter on the school's baseball field in May.

Once the dust had settled and the rotor had stopped spinning, students were invited to get an up close look at the Kiowa, which is equipped with counter drug equipment for surveillance and heat sensing. Officer Chiaco explained that observation helicopters like these help fight the war on drugs by assisting the FBI, the Drug Enforcement Administration (DEA) and local police departments with counter drug operations. [Ashbury Park Press]

See, this is why the drug czar's new plan to pretend there's no war on drugs is destined to fail. People who hate the drug war will find no shortage of examples of gratuitous militarized drug war excesses to point towards. And the drug soldiers themselves will always bask gleefully in the perceived glory of their epic crusade.

Law Enforcement: Maryland Governor Signs Bill Requiring SWAT Team Reporting

Maryland Gov. Martin O'Malley Tuesday signed into law a bill that will require law enforcement SWAT teams to regularly report on their activities.

Warning: No One Is Safe from SWAT Raids





Video: SWAT Raids -- No One Is Safe

We've made a video -- there's a petition too, sign it here.


Spread the word...

Cheye Calvo Comments on the Passage of SWAT Monitoring Legislation in Maryland

Berwyn Heights Mayor Cheye Calvo sent us his terrific statement in response to the new SWAT reporting law passed by the Maryland legislature:

"Although the botched raid of my home and killing of our dogs, Payton and Chase, have received considerable attention in the media, it is important to underscore that this bill is about much more than an isolated, high-profile mistake.  It is about a growing and troubling trend where law enforcement agencies are using SWAT teams to perform ordinary police work.  Prince George's County police acknowledges deploying SWAT teams between 400 and 700 a year -- that's twice a day -- and other counties in the state have said that they also deploy their special tactical units hundreds of times a year.  The hearings on these bills have brought to light numerous botched and ill-advised raids in Anne Arundel, Baltimore, Carroll, Howard, Montgomery, and Prince George's counties that also have had devastating effects on the lives of innocent people and undermined faith in law enforcement.  HB 1267 will shine this light, provide oversight, and demand accountability as a matter of course."

It's about time. No matter how many of these stories I cover, the scope of the problem continues to send shivers down my spine. Calvo's own story is troubling enough before one considers that there are so many more that follow a disturbingly similar plotline.

Calvo also comments on the fact that law-enforcement interests directly opposed his efforts to increase oversight and accountability:

"Although I applaud lawmakers for passing this bill over the objections of law enforcement, I was disappointed that state law enforcement groups decided to oppose this measure rather than embrace it as an opportunity to restore the public trust.  I remain especially concerned with the argument put forward that only law enforcement should police itself and that it is somehow inappropriate for elected leaders to legislate oversight and accountability.  I cannot disagree with this argument more.  As an elected officials, we must take full responsibility for the law enforcement departments that we fund and authorize, and we must hold our law enforcement officials to the highest standards and ideals.  I strongly support law enforcement and believe that so many of our officers are heroes.  However, it is perfectly consistent to support them, provide oversight, and demand accountability -- just as our constituents support, oversee, and demand accountability from us."

Well said. Still, I'm honestly appalled that such arguments even have to be raised. After everything that's happened, how dare they object to basic oversight? When law enforcement directly lobbies against accountability, that is just an affront to the public interest. It's outrageous and although the right result was reached, there remain serious questions to be asked about the agenda of those in law-enforcement who took a leadership role in opposing this bill.

With their hands stained in innocent blood, they arrogantly insist that we avert our eyes. Thanks to Cheye Calvo and Maryland's legislators, we'll do exactly the opposite.

Berwyn Heights Mayor Cheye Calvo Responds to the Passage of SWAT Reporting Legislation in Maryland


For immediate release:                                For more information:
April 8, 2009                                               Cheye Calvo, 301-789-5469
 
STATEMENT OF BERWYN HEIGHTS MAYOR CHEYE CALVO
ON PASSAGE OF SWAT TEAM REPORTING LEGISLATION

Senate passage of HB 1267 sends measure to Governor O'Malley for his signature

(Berwyn Heights, Maryland – Tuesday, April 8, 2009)  "Last night, the Maryland Senate passed HB 1267, the SWAT Team Activation and Deployment Reporting legislation, by a vote of 46-0.  This same measure was passed 126-13 by the House of Delegates on March 28, 2009.  The measure now goes to Governor Martin O'Malley for his signature.  I am hopeful that Governor O'Malley will sign this bill and make Maryland the first state in the nation to establish a statewide system of oversight and accountability for SWAT team deployments."
 
"HB 1267 will require law enforcement agencies with SWAT teams to report every six months to civilian authorities and to the public on the number, general location, purpose, authorization, and results of SWAT deployments.  It also directs the Governor’s Office of Crime Control and Prevention to analyze the information and issue an annual report on SWAT team deployments in states."
 
"I want to express my profound appreciation to the Maryland General Assembly for advancing this legislation and, in particular, want to thank the lead sponsors, Senator C. Anthony Muse (Prince George's) and Delegate Kris Valderrama (Prince George's), and the dozens of Senate and House co-sponsors for their leadership on this issue."
 
"Although the botched raid of my home and killing of our dogs, Payton and Chase, have received considerable attention in the media, it is important to underscore that this bill is about much more than an isolated, high-profile mistake.  It is about a growing and troubling trend where law enforcement agencies are using SWAT teams to perform ordinary police work.  Prince George's County police acknowledges deploying SWAT teams between 400 and 700 a year -- that's twice a day -- and other counties in the state have said that they also deploy their special tactical units hundreds of times a year.  The hearings on these bills have brought to light numerous botched and ill-advised raids in Anne Arundel, Baltimore, Carroll, Howard, Montgomery, and Prince George's counties that also have had devastating effects on the lives of innocent people and undermined faith in law enforcement.  HB 1267 will shine this light, provide oversight, and demand accountability as a matter of course."
 
"It is my strong believe that police must their homework and resort to SWAT teams as a last -- rather than initial or de facto -- response.  It is my hope that, by providing oversight and accountability, HB 1267 will encourage law enforcement to exercise better judgment before deploying these paramilitary operations into our communities.  It is also my hope that this bill will provide elected officials the information that they need to establish sound and effective standards for how, when, and why SWAT teams are deployed."
 
"Although I applaud lawmakers for passing this bill over the objections of law enforcement, I was disappointed that state law enforcement groups decided to oppose this measure rather than embrace it as an opportunity to restore the public trust.  I remain especially concerned with the argument put forward that only law enforcement should police itself and that it is somehow inappropriate for elected leaders to legislate oversight and accountability.  I cannot disagree with this argument more.  As an elected officials, we must take full responsibility for the law enforcement departments that we fund and authorize, and we must hold our law enforcement officials to the highest standards and ideals.  I strongly support law enforcement and believe that so many of our officers are heroes.  However, it is perfectly consistent to support them, provide oversight, and demand accountability -- just as our constituents support, oversee, and demand accountability from us."
 
"It is my hope that HB 1267 is the first step among many more that will strengthen and rebuild trust in our law enforcement agencies.  I am hopeful that Governor O'Malley will sign this bill soon, and I am committed to work going forward to promote policies that both enhance our public safety and protect our civil liberties."
 
# # #

Feature: "Dangerous" Drug Raids? Not So Much for Police -- Unless They Make Them So

Law enforcement officials justify the frequent use of heavily-armed SWAT teams and no-knock warrants -- police do about 50,000 SWAT raids per year -- as protecting officer safety.

Q: How Dangerous is Drug Law Enforcement for Police? A: Apparently Not Very

Law enforcement likes to argue that it needs to resort to heavy-handed tactics such as SWAT-style raids and no-knock warrants because drug law enforcement is just so darned dangerous. You know the spiel: "We're outgunned and up against crazed drug dealers, so we need to come on like gangbusters for our own safety."

But I'm in the process of reviewing police deaths in the drug war since the beginning of 2008 for a Chronicle article that will appear Friday, and so far, I've only found two officers who were killed in drug raids during this time. I'm using the Officer Down Memorial Page and the National Law Enforcement Memorial data bases and I still have to dig a little deeper into the numbers and the discrepancies between the two, but so far, it doesn't appear that enforcing the nation's drug laws is that dangerous for police.

For civilians, it is perhaps a different story. Nobody's keeping a data base of citizens killed by the police, let alone those killed by police enforcing the drug laws, although I have a few ideas on where to come up with some figures, or at least some especially horrendous cases. I'll be looking into that, as well.

I'll be talking to as many cops, criminologists, and other interested parties as I can, but at this point, it seems that it is going to be hard to justify the overwhelming use of force typical of police drug raids. As much as they would like to think they are, cops are not US military Special Forces units, and drug law violators are not terrorist fugitives. Look for the story on Friday.

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