Violence

RSS Feed for this category

Chronicle AM: AR Initiative Rejected, SWAT Lobby Gears Up, Israel Bans New Synthetics, More (8/22/14)

It's back to the drawing board for an Arkansas legalization initiative, we have a pair of Minnesota court cases, the Michael Brown killing starts bleeding into drug-policy related areas, Israel bans new synthetics, and more. Let's get to it:

history repeats itself (image is of and infamous 1914 NYT editorial)
Marijuana Policy

Arkansas Attorney General Rejects Wording for Legalization Initiative. Attorney General Dustin McDaniel has rejected the proposed wording for a prospective 2016 legalization initiative, the Cultivate Hemp and Regulate Marijuana Amendment. The name and ballot title are ambiguous and have "misleading tendencies," McDaniel wrote. Read the opinion here.

Fewer Than One in Five New Yorkers Oppose Marijuana Reform. According to a new Quinnipiac Poll, only 19% of New Yorkers oppose legalizing marijuana for personal or medical use, while 44% say it should be available for medical purposes and another 35% say it should be legal for personal use.

Asset Forfeiture

Minnesota Supreme Court Rules Evidence from Illegal Search Can't Be Used in Asset Forfeiture Proceedings. The state high court ruled Wednesday that evidence derived from a traffic stop that was determined to be unlawful cannot be used to seize someone's property. The court held that Fourth Amendment proscriptions against unlawful search and seizure apply to civil cases as well. The case is Daniel Garcia-Mendoza v. 2003 Chevy Tahoe.

Drug Testing

Minnesota Drug Testing Law's Worker Protections Don't Extend Outside State, Federal Court Rules. The state's Drug and Alcohol Testing in the Workplace ACT (DATWA) doesn't apply to state residents working or applying to work outside the state, a federal court has ruled. DATWA provides employees with the right to challenge positive drug test results and to try to seek treatment before being fired, but in Olson v. Push, Inc, the court ruled that those protections did not apply to drug tests taken for employment outside Minnesota.

Law Enforcement

SWAT Lobby Gears Up to Keep Access to Surplus Military Equipment. In the wake of unrest in Ferguson, Missouri, after the police killing of Michael Brown, the practice of equipping local law enforcement with surplus military equipment has come under significant criticism. Now the "SWAT lobby," in the form of the National Tactical Officers Association, is moving to ensure that access to military hardware remains unimpeded. It sent a mass email to all congressional offices lamenting the situation in Ferguson, but the bottom line was that police need that surplus military equipment.

Race

The Return of the Drug Crazed Negro. Reason magazine's Jacob Sullum has penned a piece noting the revival of a century-old racist trope -- that of the drug-crazed black man -- in the wake of the police shooting of 18-year-old black man Michael Brown in Ferguson, Missouri. Sullum notes that conservative commentators have been quick to speculate that he was hopped up on PCP or some other drug that made him crazy enough to attack a cop. Autopsy results say he had smoked marijuana.

International

Young Europeans Split on Marijuana Legalization. The European Union's polling arm Eurobarometer has found Europeans 15 to 24 divided on legalization. According to its poll of 13,000 respondents, 45% favored marijuana legalization, with 53% opposed. European youth was much more unified when it came to other drugs -- more than 90% said drugs like cocaine, ecstasy, and heroin should be illegal.

Israel Bans 10 New Synthetic Drugs. Health officials in Israel have banned 10 new synthetic drugs, or "kiosk drugs," as they are known there. They include synthetic cannabinoids, stimulants, and hallucinogens.

ATF's Operation Gideon Raises Questions of Fairness, Justice, and Race [FEATURE]

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

Part I of a series on the ATF's Operation Gideon, targeting inner city "bad guys" with drug house robbery stings

Early in May, a panel of judges from California's 9th US Circuit Court of Appeals denied petitions for an "en banc" hearing that would have allowed the full court to consider overturning long prison sentences for four would-be robbers seduced by an informant into believing they were about to rip-off a stash house loaded with drugs.

The stash house was fictional, those drugs never existed, and the brains behind the plot were not criminals, but federal agents.

The denial of the petition was not a unanimous decision, and it revealed deep fissures on the appeals court. Dissenting judges argued that the practice of enticing poor young men into robbing stash houses raised questions not only of fair play, but also of constitutionality. The dissenters were particularly concerned that federal agents targeted primarily minority neighborhoods filled with desperate, unemployed young men tempted by the lure of fast cash.

"The sting poses questions of whether the government intentionally targets poor minority neighborhoods, and thus, seeks to tempt their residents to commit crimes that might well result in their escape from poverty," Justice Stephen Reinhardt wrote in a blistering dissent. He also called it "a profoundly disturbing use of government power that directly imperils some of our most fundamental constitutional values."

The case involved four Phoenix men -- Cordae Black, Kemford Alexander, Angel Mahon and Terrance Timmons -- who were convicted in 2010 on charges of conspiracy to distribute more than five pounds of cocaine, as well as federal firearms charges, for a fake drug rip scheme set up by the Bureau of Alcohol, Tobacco and Firearms (ATF). All four are now serving prison sentences of 13 to 15 years.

Even though federal appeals court judges have joined defense attorneys in calling the ATF drug rip schemes "outrageous conduct," they are not an anomaly, but are instead part and parcel of ATF's Operation Gideon, a nationwide program. The ATF, federal prosecutors, and the Phoenix police said a press release announcing a pilot sweep that rolled up 70 people, including Cordae Black and his crew, that Gideon "involved the deployment of some of ATF's most experienced undercover operatives to team with local agents and police investigators by conducting sting investigations involving violent home invasion crews."

According to a USA Today investigative report, as of last year, the feds had already locked up more than a thousand people who its agents had enticed into conspiracies to rob fake drug stash houses. And it's not just the AFT. The DEA often uses the fake drug rip-off schemes, as well.

US 9th Circuit Court of Appeals Judge Stephen Reinhardt
The argument at the 9th Circuit in the Phoenix case centered on entrapment and whether ATF agents illegally enticed the defendants into the crime through "outrageous government conduct" beyond that allowed by entrapment doctrine.

Relying on the US Supreme Court's 1973 ruling in US v. Russell, where the court upheld such schemes if the defendant showed a predisposition to commit the offense, 9th Circuit Judges Susan Graeber and Raymond Fisher rejected claims of entrapment and outrageous conduct by the agents, and argued that the reverse sting was within legal boundaries of law enforcement tactics, which includes officers working undercover to infiltrate criminal organizations.

Fisher and Graeber said the agents' actions were reasonable when they offered the men the opportunity to make money by committing a drug robbery. The pair also held the defendants failed to show they lacked "predisposition to commit the offense."

That provoked a sharp retort from a second dissenter as well, Judge John T. Noonan.

"Today our court gives approval to the government tempting people in the population at large currently engaged in innocent activity, and leading them into the commission of a crime, which the government will then prosecute," he wrote.

It's not just the 9th Circuit. Fake drug stash operations that only target inner-cities have ignited a firestorm of controversy, including other caustic remarks from the federal bench.

"There is a strong showing of potential bias in the robbery stings," US District Court Judge Rueben Castillo wrote in an order last year. Castillo noted that since 2011, federal agents have used such stings to lock up at least 26 people in the Chicago area -- and that all of them were either black or Hispanic.

Federal officials retort that they are not engaging in selective prosecution based on race, but are going where known felons often commit violent home invasion-type drug robberies.

But defense attorneys argue that the operations target people who weren't doing anything, entice them with visions of easy wealth, set them up, and then throw the book at them.

"What the ATF is doing is basically targeting low-level criminals for high-level crimes," said attorney Tara Loveland, who is representing Cordae Black on appeal.

The case against Black and his codefendants raises serious questions about racial profiling. According to evidence introduced at the original trial -- and subsequently heard again at the re-hearing (via the appellate brief) -- ATF Agent Richard Zayas had a paid informant travel from Miami to Arizona to find "bad guys" in a "bad part of town."

That prompted Judge Reinhardt to say that Zavas' instructions obviously meant the informant should recruit people from minority communities. The targeting of the fake drug house robbery scheme was a practice "that creates the appearance of selective prosecution based on race and wealth inequality," he said.

"It is a tragedy when ATF has to drum up a crime that didn't exist," attorney Eugene Marquez, who represented Cordae Black at trial, told the Chronicle.

Chicago Operation Gideon suspect William Alexander just before his arrest (atf.gov)
Defense attorneys who represented the defendants on appeal argued that "fake drug stings initiated by ATF amount to entrapment because there were no drugs -- and none of the defendants would have agreed to participate had it not been for a paid snitch and the ATF's scheme of enticing the men to arm themselves with weapons to rip-off a large quantity of drugs that automatically brings severe mandatory prison sentences."

"Our defense was outrageous conduct and sentencing entrapment," Marquez explained.

But 9th Circuit majorities weren't listening to the defense attorneys. In a separate ruling, they reiterated their original decision denying defense counsel's motion to overturn the original convictions.

"There is no bright line dictating when laws enforcement conduct crosses the line between acceptable and outrageous," Judge Raymond C. Fisher wrote for the majority. Outrageous government conduct can only occur when government agents engineer and direct a "criminal enterprise from start to finish -- or creating new crimes merely for the sake of pressing criminal charges," he argued.

Judge Reinhardt again dissented.

"In this era of mass incarceration, in which we already lock up more of our population than any other nation on earth, it is especially curious that the government feels compelled to invent fake crimes and imprison people for long periods of time for agreeing to participate in them -- people who but for the government's scheme might not have ever entered the world of major felonies," Reinhardt wrote.

If getting set up and convicted in a sting weren't bad enough, the defendants also got hit with longer sentences based on the imaginary amounts of drugs that were going to rob. Marquez explained that his client, Cordae Black, was hit a 10-year mandatory minimum because the ATF pretended the imaginary drug house had more than five kilos of cocaine in it.

But while jurists and defense attorneys grumbled, the ATF was pleased with its handiwork.

Arizona ATF agent Thomas Mangan welcomed the convictions of Black and his partners, as well as appeals court rulings upholding them. The stings had resulted in over 70 Arizona arrests, and the crew had "ample opportunity to back out, but had remained committed to carry out the robbery until they were arrested," he said in the Operation Gideon press release.

While court-approved enticement has a lengthy pedigree in this country, so does "outrageous government conduct" that can take it over the line into entrapment. A classic case is that of legendary automaker John Delorean, who was acquitted of cocaine conspiracy charges in 1984, even though prosecutors had Delorean on videotape wisecracking and saying that the cocaine stuffed inside a suitcase was "good as gold."

But Delorean's attorney was able to convince the jury that the FBI had leaned on a convicted drug smuggler, James Hoffman, to draw Delorean into a trap, complete with thinly-veiled threats if Delorean backed out of the sting.

"Without the government there would be no crime," Delorean's attorney told the jury.

Taking Down the Phoenix Crew

Putting together a fake drug robbery stings is like assembling the cast of a gritty crime drama. The Phoenix reverse sting worked against Cordae Black and his eager crew in typical take-down fashion. ATF agent Richard Zayas recruited a paid informant to frequent seedy bars and diffferent places in the "bad part" of town -- to find receptive players to rip-off a drug house. Zayas's informant met Shaver "Bullet" Simpson, a big-talking guy ready to play.

Zayas's informant duped Simpson into believing he had a friend with information on a stash house filled with drugs worth thousands of dollars. Simpson boasted he could find some tough-ass homies to do the job. Agent Zayas reminded Simpson that everyone involved with the plot must keep their mouths shut, and not talk about what goes down.

"My people straight," Simpson replied. "I hate snitchers."

Following the informant's meeting with Shaver Simpson, he introduced "Bullet" to undercover ATF Agent Richard Zayas, who fronted himself off as a disgruntled drug courier interested in having someone rob a dope house owned by Zayas's supposed cartel's connections. Zayas informed Simpson that Simpson's homeboys would need the "balls to do it because this ain't no easy lick."

Simpson then posed a question to Zayas: "My goons want to know whether they need to kill the people in the house."

Zayas responded nonchalantly that he "didn't care what they did as long as they took care of business."

Hooked like a fish, Simpson swallowed the bait, "Don't worry Daddy," he told Zavas. You got a real Jamaican (expletive), that's my family business; it's where I worked; I got this shit down to a science, man."

The beat goes on. Press conference announcing latest round of Operation Gideon busts, Stockton, CA, 2014 (atf.gov)
The trap was set. Shaver Simpson, the braggart, strangely, didn't show up for the showdown. But the work crew did. Once Cordae Black, Terrence Timmons, Kemford Alexander and Angel Mahon showed up at the designated meeting spot, the ATF agents and local police took the hapless crew down with guns drawn. A search of their vehicles produced four loaded weapons (which, according to the appellate brief, Zava insisted the crew have with them).

Despite Simpson's bravado about not being a snitch and hating such creatures, he pounced on the first opportunity to become one by testifying against his four homies. Still, at trial, Simpson accused ATF agent Richard Zayas of pressuring him to quickly find as many guys he could find to pull off the robbery.

Same Sorts of Cases, Different Results

In another Operation Gideon case, Chicago native William Alexander, a street-level crack dealer and beauty school dropout, got stung in a fake drug robbery on February 23 2011, along with his cohorts Hugh Midderhoff and David Saunders. All three were convicted of possession with intent to deliver five or more kilos of cocaine, along with firearms charges. To win a new trial, Alexander's lawyer argued on appeal that ATF's systematic strategy of sending informants into "bad parts of town" to recruit "bad people" meant that racial profiling played a vital role in Alexander's case.

His appeal brief noted that in the 17 stash house robbery stings prosecuted in the Northern Illinois Federal District since 2004, blacks were disproportionately represented. Of the 57 defendants, 42 were black, eight Hispanic, and seven white.

His appeal was denied -- because he couldn't show that the ATF and prosecutors intended racially disparate outcomes.

"To establish discriminatory intent, Alexander failed to show the decision makers in (his) case acted with discriminatory purposes -- and that the Attorney General and US Attorneys has broad discretion to enforce federal criminal laws," the appeals court held.

Antuan Dunlap and his heavily-armed posse-mates, Cedrick Hudson and Joseph Cornell Whitfield, had better luck. They were released from jail in an ATF drug house rip-off scheme when California US District Court Judge Otis Wright ruled the ATF crossed the line into entrapment.

Prosecutors had argued that Dunlap "manifested his propensity to commit robberies" by claiming to have engaged in similar activities in the past, and thus, "the defendant's words justified the reverse sting."

But in a 24-page stinging rebuke, the angry judge said the ATF engaged in "outrageous conduct" by enlisting people in "made-up crime" just so they could bust eager volunteers in drug stings. "Society does not win when the government stoops to the same level as the defendants it seeks to prosecute -- especially when the government has acted solely to achieve a conviction for a 'made-up' crime, Wright wrote. He also noted that such tactics "haven't brought down the crime rate nor taken drugs off the streets."

But the ATF and DEA fake drug rip-off schemes remain in full-swing across the nation despite the brewing controversy over tactics some defense attorneys and jurists regard with loathing. If the Justice Department will investigate whether the stings are aimed disproportionately at minority communities remains to be seen. Meanwhile, the Phoenix crew sits in federal prison, while their attorneys plan an appeal to the US Supreme Court.

Next in the series: ATF's Deadly Takedown in Fake Drug Robberies.

Who Was Killed in America's Drug War Last Year? [FEATURE]

For the past two years, Drug War Chronicle has been tracking all the US deaths directly attributable to domestic drug law enforcement, including the border. You can view the 2011 deaths here and the 2012 deaths here.Soon, we will hand our findings out to criminal justice and other professionals and then issue a report seeking to identify ways to reduce the toll. In the meantime, we can look at the raw numbers from last year and identify some trends.

http://www.stopthedrugwar.org/files/wendell-allen-200px.jpg
A New Orleans police officer was indicted for killing Wendell Allen during a drug raid in March. (family photo)
Before we begin, though, it's important to note our resource and data limitations, as well as explaining what gets included and what doesn't. We depended largely on Google news alerts for "officer shoots" or "officer kills" and their variations (trooper shoots, deputy shoots, police shoot, etc.) We can't claim that the list is exhaustive -- some initial reports never mention drugs, although they were involved; some others may have slid through the cracks. (Our tally includes several cases where people collapsed and died during or immediately after being arrested; the drug link became apparent only weeks or months later when toxicology reports came back. We could have missed others.)

We also used fairly tight criteria for inclusion. These deaths had to have occurred during drug law enforcement activities. That means people whose deaths may be at least partially blamed more broadly on drug prohibition (overdoses, AIDS and Hepatitis C victims, for example) are not included. Neither are the deaths of people who may have been embittered by previous drug law enforcement operations who later decide to go out in a blaze of glory, nor the deaths of their victims.

It's only people who died because of drug law enforcement. And even that is something of a grey area. One example is traffic stops. Although they ostensibly are aimed at public safety, drug law enforcement is at least a secondary consideration and, sometimes, as in the case of "pretextual stops," the primary consideration, so we include those deaths when it looks appropriate. Another close call was the case of a Michigan father accused of smoking marijuana and reported to Child Protective Services by police. He was shot and killed in a confrontation with police over that issue. We included him even though it was not directly drug law enforcement that got him killed, but the enforcement of child custody orders related to marijuana use. It could be argued either way whether he should not have been included; we decided to include him.

Because we are a small nonprofit with limited resources, we have been unable to follow-up on many of the cases. Every law enforcement-related death is investigated, but those findings are too often unpublished, and we (I) simply lack the resources to track down the results of those investigations. That leaves a lot of questions unanswered -- and some law enforcement agencies and their personnel, and maybe some others, off the hook.

We attempted to provide the date, name, age, race, and gender of each victim, but were unable to do so in every case. We also categorized the type of enforcement activity (search warrant service, traffic stops, undercover buy operations, suspicious activity reports, etc.), whether the victim was armed with a firearm, whether he brandished it, and whether he shot it, as well as whether there was another type of weapon involved (vehicle, knife, sword, etc.) and whether the victim was resisting arrest or attempting to flee. Again, we didn't get all the information in every case.

Here's what we found:

In 2012, 63 people died in the course of US domestic drug law enforcement operations, or one about every six days. Eight of the dead were law enforcement officers; 55 were civilians.

Law Enforcement Deaths

http://www.stopthedrugwar.org/files/officer-victor-soto-velez.jpg
Officer Victor Soto-Velez was ambushed in Camuy, Arecibo, Puerto Rico, in June.
Law enforcement deaths began and ended the year. The first drug war death, on January 4, was that of Ogden, Utah, police officer Jared Francom, who was serving on the Weber-Morgan Metro Narcotics Strike Force when he was shot and killed during a "knock and enter" SWAT-style raid on a suspected marijuana grower. Five other officers were also shot and wounded, as was the homeowner, Matthew Stewart, who is now charged with his killing and faces a death sentence if convicted.

The last drug war death of the year, on December 14, was that of Memphis police officer Martoiya Lang, who was shot and killed serving a "drug-related search warrant" as part of an organized crime task force. Another officer was wounded, and the shooter, Trevino Williams, has been charged with murder. The homeowner was charged with possession of marijuana with intent to distribute.

In between Francom and Lang, six other officers perished fighting the drug war. In February, Clay County (Florida) Sheriff's Detective David White was killed in a shootout at a meth lab that also left the suspect dead. In April, Greenland, New Hampshire, Police Chief Michael Maloney was shot in killed in a drug raid that also left four officers wounded. In that case, the shooter and a woman companion were later found dead inside the burnt out home.

In June, Puerto Rican narcotics officer Victor Soto Velez was shot and killed in an ambush as he sat in his car. Less than two months later, Puerto Rican police officer Wilfredo Ramos Nieves was shot and killed as he participated in a drug raid. The shooter was wounded and arrested, and faces murder charges.

Interdicting drugs at the border also proved hazardous. In October, Border Patrol Agent Nicholas Ivie was shot and killed in a friendly fire incident as he and other Border Patrol agents rushed to investigate a tripped sensor near the line. And early last month, Coast Guard Chief Petty Officer Terrell Horne III was killed when a Mexican marijuana smuggling boat rammed his off the Southern California coast. Charges are pending against the smugglers.

Civilian Deaths

Civilian deaths came in three categories: accidental, suicide, and shot by police. Of the 55 civilians who died during drug law enforcement operations, 43 were shot by police. One man committed suicide in a police car, one man committed suicide in his bedroom as police approached, and a man and a woman died in the aftermath of the Greenland, New Hampshire, drug raid mentioned above, either in a mutual suicide pact or as a murder-suicide.

Five people died in police custody after ingesting packages of drugs. They either choked to death or died of drug overdoses. One man died after falling from a balcony while fleeing from police. One man died in an auto accident fleeing police. One Louisville woman, Stephanie Melson, died when the vehicle she was driving was hit by a drug suspect fleeing police in a high-speed chase on city streets.

The Drug War and the Second Amendment

Americans love their guns, and people involved with drugs are no different. Of the 43 people shot and killed by police, 21 were in possession of firearms, and in two cases, it was not clear if they were armed or not. Of those 21, 17 brandished a weapon, or displayed it in a threatening manner. But only 10 people killed by police actually fired their weapon. Merely having a firearm increased the perceived danger to police and the danger of being killed by them.

In a handful of cases, police shot and killed people they thought were going for guns. Jacksonville, Florida, police shot and killed Davinian Williams after he made a "furtive movement" with his hands after being pulled over for driving in a "high drug activity area." A month later, police in Miami shot and killed Sergio Javier Azcuy after stopping the vehicle in which he was a passenger during a cocaine rip-off sting. They saw "a dark shiny object" in his hand. It was a cell phone. There are more examples in the list.

Several people were shot and killed as they confronted police with weapons in their own homes. Some may have been dangerous felons, some may have been homeowners who grabbed a gun when they heard someone breaking into their homes. The most likely case of the latter is that of an unnamed 66-year-old Georgia woman shot and killed by a local drug task doing a "no knock" drug raid at her home. In another case from Georgia, David John Thomas Hammett, 60, was shot and killed when police encountered him in a darkened hallway in his home holding "a black shiny object." It was a can of pepper spray. Neither victim appears to have been the target of police, but they're still dead.

Police have reason to be wary of guns. Of the eight law enforcement officers killed enforcing the drug laws last year, seven were killed by gunfire. But at least 22 unarmed civilians were shot and killed by police, and at least four more were killed despite not having brandished their weapons.

It's Not Just Guns; It's Cars, Too

In at least seven cases, police shot and killed people after their vehicles rammed police cars or as they dragged police officers down the street. It is difficult to believe that all of these people wanted to injure or kill police officers. Many if not most were probably just trying to escape. But police don't seem inclined to guess (which might be understandable if you're being dragged by a moving car.)

http://www.stopthedrugwar.org/files/danielle-willard-200px.jpg
Danielle Misha Willard, a relapsed heroin user, was shot by West Valley, UT police in a parking lot in November. (facebook.com)
Race and Gender

Getting killed in the drug war is mostly a guy thing. Of the 63 people killed, only six were women, including one police officer. One was the Georgia homeowner, another was the Louisville woman driver hit by a fleeing suspect, a third was the unnamed woman who died in the Greenland, New Hampshire raid. Other than the Memphis police officer, only two women were killed because of their drug-related activities.

Getting killed in the drug war is mostly a minority thing too. Of the 55 dead civilians, we do not have a racial identification on eight. Of the remaining 47, 23 were black, 14 were Hispanic, nine were white, and one was Asian. Roughly three out four drug war deaths were of minority members, a figure grossly disproportionate to their share of the population.

Bringing Police to Justice

Many drug war deaths go unnoticed and un-mourned. Others draw protests from friends and family members. Few stir up public outrage, and fewer yet end up with action being taken against police shooters. Of the 55 civilians who died during drug law enforcement activities, charges have been filed against the police shooters in only two particularly egregious cases. Both cases have generated significant public protest.

One is the case of Ramarley Graham, an 18-year-old black teenager from the Bronx. Graham was chased into his own apartment by undercover NYPD officers conducting drug busts on the street nearby. He ran into his bathroom, where he was apparently trying to flush drugs down the toilet, and was shot and killed by the police officer who followed him there. Graham was unarmed, police have conceded. A small amount of pot was found floating in the toilet bowl. Now, NYPD Officer Richard Haste, the shooter, has been indicted on first- and second-degree manslaughter charges, with trial set for this coming spring.

The other case is that of Wendell Allen, 20, a black New Orleans resident. Allen was shot and killed when he appeared on the staircase of a home that was being raided for marijuana sales by New Orleans police. He was unarmed and was not holding anything that could be mistaken for a weapon. Officer Jason Colclough, the shooter, was indicted on manslaughter charges in August after he refused a plea bargain on a negligent homicide charge. When he will go to trial is unclear.

Criminal prosecutions of police shooters, even in egregious cases, is rare. Winning a conviction is even less unlikely. When Lima, Ohio, police officer Joe Chavalia shot and killed unarmed Tanika Wilson, 26, and wounded the baby she was holding in her arms during a SWAT drug raid in 2008, he was the rare police officer to be indicted. But he walked at trial

It doesn't usually work out that way when the tables are turned. Ask Corey Maye, who was convicted of murder and sentenced to death for killing a police officer who mistakenly entered his duplex during a drug raid even though he argued credibly that he thought police were burglars and he acted in self defense. It took 10 years before Maye was able to first get his death sentence reduced to life, then get his charges reduced to manslaughter, allowing him to leave prison.

Or ask Ryan Frederick, who is currently sitting in prison in Virginia after being convicted of manslaughter in the 2008 death of Chesapeake Det. Jarrod Shivers. Three days after a police informant burglarized Frederick's home, Shivers led a a SWAT team on a no-knock raid. Frederick shot through the door as Shivers attempted to break through it, killing him. He argued that he was acting in self-defense, not knowing what home invaders were on the other side of the door, but in prison he sits.

Both the Graham and the Allen cases came early in the year. Late in 2012, two more cases that would appear to call out for criminal prosecutions of police occurred. No charges have been filed against police so far in either case.

On October 25, undocumented Guatemalan immigrants Marco Antonio Castro and Jose Leonardo Coj Cumar were shot and killed by a Texas Department of Public Safety trooper who shot from a helicopter at the pickup truck carrying them as it fled from an attempted traffic stop. Texas authorities said they thought the truck was carrying drugs, but it wasn't -- it was carrying undocumented Guatemalan immigrants who had just crossed the border. Authorities said they sought to disable the truck because it was "traveling at reckless speeds, endangering the public." But the truck was traveling down a dirt road surrounded by grassy fields in an unpopulated area. The Guatemalan consulate and the ACLU of Texas are among those calling for an investigation, and police use of force experts from around the country pronounced themselves stunned at the Texas policy of shooting at vehicles from helicopters. Stay tuned.

Two weeks later, undercover police in West Valley, Utah, shot and killed Danielle Misha Leonard, 21, in the parking lot of an apartment building. Leonard, a native of Vancouver, Washington, had been addicted to heroin and went to Utah to seek treatment. Perhaps it didn't take. Police have been extremely slow to release details on her killing, but she appears to have been unarmed. An undercover police vehicle had boxed her SUV into a parking spot, and the windshield and both side windows had been shattered by gunfire. Later in November, in their latest sparse information release on the case, police said only that she had been shot twice in the head and that they had been attempting to contact her in a drug investigation. Friends and family have set up a Justice for Danielle Willard Facebook page to press for action.

Now, it's a new year, and nobody has been killed in the drug war so far. But this is only day two.

US-Mexican Caravan for (Drug War) Peace Gets Underway [FEATURE]

Last Sunday, dozens of Mexican activists led by poet Javier Sicilia crossed into the US at San Diego to begin a weeks-long Caravan for Peace and Justice that will take them more than 6,000 miles through 27 cities in a bid to focus attention on the drug war's terrible toll in both countries. They were met there by representatives of the more than 100 US organizations that are joining and supporting the Caravan as it makes its way toward Washington, DC.

"Our purpose is to honor our victims, to make their names and faces visible," Sicilia said. "We will travel across the United States to raise awareness of the unbearable pain and loss caused by the drug war -- and of the enormous shared responsibility for protecting families and communities in both our countries."

But it's not just about honoring the victims of the drug war; the Caravan also explicitly seeks policy changes on both sides of the border, and not only to drug policy. These policy areas and the Caravan's recommendations include:

Drug War policies: We propose the need to find a solution, with a multidisciplinary and intergenerational approach that places individuals, and their welfare and dignity, at the center of drug policy. We call on both the Mexican and the U.S. community to open and maintain a dialogue about alternatives to Prohibition based on evidence, and which is inclusive in its considerations of the diverse options for drug regulation.

Arms trafficking: We propose that the President of the United States immediately prohibit the importation of assault weapons to the United States. Assault weapons are often smuggled into Mexico, and have also been used too many times against innocent civilians in the US. We propose giving authorities effective regulatory tools and adequate resources to halt arms smuggling in the border regions, especially in border states like Arizona and Texas.

Money laundering: We call for governments on both sides of the border to take concrete steps to combat money laundering. We propose that financial institutions be held accountable for preventing money laundering through increased government surveillance, investigations, fines and criminal charges. We also call for the Treasury Department to immediately implement Congress’ 2009 call to close the “prepaid/stored value cards” loophole.

US foreign aid policy: We call for a change from the United States' "war" focus to one of human security and development that contemplates promoting the healing of Mexico's torn social fabric. We propose the immediate suspension of US assistance to Mexico's armed forces. The "shared responsibility" for peace that both governments share must begin with each country complying with its own respective national laws.

Immigration: We call for a change in the policies that have militarized the border and criminalized immigrants. These policies have generated a humanitarian crisis driven by unprecedented levels of deportations and incarceration of migrants. In addition, these policies have also inflicted immeasurable environmental damage. We call for protecting the dignity of every human being, including immigrant populations that have been displaced by violence who are fleeing to the US seeking safe haven and a better life.


The Caravan is a natural outgrowth of Sicilia's Mexican Movement for Peace and Justice with Dignity (MMPJD), which he formed after his son and several comrades were kidnapped and murdered by drug cartel gunmen in Cuernavaca in March 2011. It is designed to put names and faces on the estimated 60,000 dead, 10,000 disappeared, and 150,000 displaced by the prohibition-related violence pitting the so-called cartels against each other and the Mexican state.

In Mexico, the MMPJD struck a deep chord with a population increasingly angered and frightened by the often horrific violence raging across the country. Caravans organized by the MMJPD crisscrossed the country last year before bringing 100,000 people to mass in Mexico City's huge national plaza, the Zocalo in June. The mass outpouring of grief and anger convinced President Felipe Calderon to meet with Sicilia, who brought along photos of some of the dead depicting them as happy, smiling human beings.

"The powers that be were trying to tell us that all those who were dying were just criminals, just cockroaches," Sicilia explained. "We had to change the mindset, and put names to the victims for a change."

On last Sunday, Sicilia and the Caravan were met in San Diego by about 100 supporters from national groups such as the Drug Policy Alliance, Global Exchange, Law Enforcement Against Prohibition, the NAACP, the Washington Office on Latin America, and, as will be the case across the country, local immigrant rights, civil rights, religious, and drug reform groups.

"This movement brings together activists from both of our countries to shed light on the policies that have failed our families, neighbors, and nations," said Sicilia. "United, we will raise our voices to call for an end to a war on drugs that allows entire communities to become casualties, and we will demand a shift in attention to poverty and the lack of economic opportunity that helps breed the criminality."

"What we are trying to do is raise the level of conversation around this topic," said Global Exchange's Ted Lewis, one of the caravan's organizers. "We're trying to have a bi-national conversation and impact."

Javier Sicilia and Sheriff Joe Arpaio (caravanforpeace.org)
By last Friday, the Caravan had reached Las Cruces, New Mexico, after first stopping in Los Angeles, Phoenix, and Tucson. In Los Angeles, the Caravan wooed Hollywood, seeking support from the film community as it seeks to shift public opinion against prohibitionist drug policies that wreak havoc in both countries.

"What unites us is grief for what Mexico has lost, which is peace," said Mexican filmmaker Alejandro Gonzalez Inarritu, the Oscar-nominated director of "Biutiful" and "Babel," who was among the Hollywood stars greeting the Caravan.

In Phoenix on Thursday, Sicilia and the Caravan had an unexpected encounter with Maricopa County Sheriff Joe Arpaio as they trekked to one of Arpaio's jails to see what the drug war looks like on the US side of the border. The feisty sheriff, who is notorious for his treatment of prisoners and anti-immigrant politics, got an earful from Sicilia, but didn't exactly roll over.

Sicilia chided Arpaio over the flow of American weapons into Mexico and the hands of the cartels and asked him to do a better job controlling the traffic, to which Arpaio retorted, "Control the flow of drugs."

Sicilia also urged Arpaio, who is under Justice Department investigation over his treatment of prisoners and illegal immigrants, to "be more human" in the way he handles people under his control. "We don't come in war but in peace to tell you that you have half of the responsibility for the war that there is in Mexico," he said. "I ask you whether treating migrants like dogs is a correct policy."

"I don't run the jails," Arpaio replied. [Ed: As noted above, Arpaio does run jails, and is being investigated for how prisoners are treated in them.]

Sicilia urged Arpaio to visit Mexico, but Arpaio demurred, saying that the cartels had a price on his head.

The Caravan for Peace is now less nearly two weeks into its journey across the county to Washington, DC. Organizers have not said yet whether they will seek a meeting with President Obama, but are planning on meetings on Capitol Hill. Between now and then, they hope the Caravan will succeed in raising consciousness among Americans about the toll of the drug war on both sides of the border. Whether policymakers will listen is an open question, but the media is certainly listening. Google lists 145 news articles about the Caravan so far. That's a good start.

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

Historic Challenge to Drug War Looms at Cartagena Summit [FEATURE]

In just a couple of days, President Obama will fly to Cartagena, Colombia, to attend this weekend's Organization of American States (OAS) Sixth Summit of the Americas. He and the US delegation are going to get an earful of criticism of US drug policies from Latin American leaders, and that makes it an historic occasion. For the first time, alternatives to drug prohibition are going to be on the agenda at a gathering of hemispheric heads of state.

group photo at 2009 Summit of the Americas (whitehouse.gov)
It's been building for some time now. More than a decade ago, Uruguayan President Jorge Batlle became the first Latin American sitting head of state to call for a discussion of drug legalization. Former Mexican President Vicente Fox joined the call, albeit only briefly while still in office through some media quotes, much more frequently after leaving office in 2006. Honduran President Manuel Zelaya issued a similar call in 2008, but didn't move on it before being overthrown in a coup the following year.

Meanwhile, drug prohibition-related violence in Mexico exploded in the years since President Felipe Calderon called out the army after taking office in December 2006. As the savagery of the multi-sided Mexican drug wars intensified and the death toll accelerated, surpassing 50,000 by the end of last year, the call for another path grew ever louder and more insistent.

In 2009, a group of very prominent Latin American political leaders and public intellectuals led by former Brazilian President Henrique Cardoso, former Colombian President Cesar Gaviria, and former Mexican President Ernesto Zedillo formed the Latin American Commission on Drugs and Democracy, calling for a fundamental reexamination of drug policy in the hemisphere and a discussion of alternatives, including decriminalization and regulation of black markets. That was followed last year by the Global Commission on Drug Policy, which includes the Latin American ex-presidents, as well as former Switzerland President Ruth Dreiffus and other prominent citizens such as Richard Branson and former UN Secretary General Kofi Annan, echoing the Latin American Commission's call for reform.

As the commissions issued their reports, the violence in Mexico not only worsened, it spread south into Central America, where governments were weaker, poverty more endemic, and violent street gangs already well-entrenched. Guatemala, Honduras, and El Salvador, in particular, saw homicide rates soar in recent years, well beyond Mexico's, as the Mexican cartels moved into the region, a key transit point on the cocaine trail from South America to the insatiable consumers of the north.

Colombian President Juan Manuel Santos, the secretary of defense under his predecessor, Alvaro Uribe, and a man who knows well just what a sustained war on drugs can and cannot achieve, has been among the latest to pick up the torch of drug reform. Santos has made repeated statements in favor of putting alternatives to prohibition on the table, although he has been careful to say Colombia doesn't want to go it alone, and now he has been joined by another unlikely reformer, Guatemalan President Otto Perez Molina, a rightist former general who campaigned on a tough on crime agenda.

It is Perez Molina who has been most active in recent weeks, calling for a Central American summit last month to discuss alternatives to drug prohibition ranging from decriminalization to regulated drug transit corridors to charging the US a "tax" on seized drugs. That summit saw two of his regional colleagues attend, Costa Rican President Laura Chinchilla and Panamian President Ricardo Martinelli, but no consensus was achieved, no declaration was issued, and three other regional leaders declined to show up. But that summit, too, was a first -- the first time Latin American leaders met specifically to discuss regional drug law reform.

All of this has not gone unnoticed by policymakers in Washington. Vice-President Biden, Homeland Security Secretary Napolitano, State Department functionaries and US military brass have all been flying south this year, reluctantly conceding that drug legalization may be a legitimate topic of debate, but that the US is having none of it.

"It's worth discussing," Biden told reporters in Mexico City last month. "But there's no possibility the Obama-Biden administration will change its policy on legalization. There are more problems with legalization than non-legalization."

But along with discussing an end to prohibition, the Latin Americans have also offered up proposals between the polar opposites of prohibition and legalization. Options discussed have included decriminalization of drug possession and marijuana legalization to different approaches to combating the drug trade to maintaining addicts with a regulated drug supply. In Colombia, Santos has sponsored legislation to decriminalize possession of "personal dose" quantities of drugs, restoring a policy mandated by the country's Constitutional Court but undone by a constitutional amendment under President Uribe.

And it's not just Latin American political leaders. The calls for change at the top are reflected in a civil society movement for drug reform that has been quietly percolating for years. In fact, an international, but mainly Latin American, group of non-governmental organizations this week issued an Open Letter to the Presidents of the Americas calling for decriminalizing drug use and possession, alternatives to incarceration for non-serious drug offenses, a regulated market for marijuana, a public health approach to problematic drug use, alternative development, respect for traditional uses, and a more focused war on organized crime that is less broadly repressive than current models. In Mexico, a social movement led by poet Javier Sicilia, whose son fell victim to cartel violence, has called for an end to the violence and pressed Preident Calderon on drug reform.

After decades of US-imposed drug war, from US military operations in Bolivia in the 1980s to the multi-billion dollar Plan Colombia, with its counterinsurgency and aerial herbicide spraying, to the blood-stained Mexican border towns and the drug gang-ridden slums of Rio de Janeiro, Latin America is growing increasingly ready to strike out on a different path.

That's what awaits President Obama and the US delegation in Cartagena. The most vibrant discussions may well take place in hallways or behind closed doors, but the US is now faced with yawning cracks in its decades-long drug war consensus.

Joe Biden with Mexican Pres. Calderon last month (whitehouse.gov)
"It's very clear that we may be reaching a point of critical mass where a sufficient number of people are raising the questions of why not dialog on this issue, why not discuss it, why peremptorily dismiss it, why does the president laugh when the subject of drugs is brought up, is he so archly political that it becomes a sort of diabolical act to seriously discuss it, why isn't some new direction being ventured forth?" said Larry Birns, executive director of the Council on Hemispheric Affairs.

"It seems the public is approaching the point where it has become credible to say quite frankly that the drug war hasn't worked. The real menace to society is not so much legalization but the failure to confront the hard fact that after decades of effort and hundreds of billions of dollars, a successful prohibition strategy has not been created, nor is there any likelihood of it being created," he said.

"This is the first major gathering of heads of state at which alternatives to prohibitionist drug control policies, including decriminalization and legal regulation of currently illegal drugs, will be on the agenda," said Ethan Nadelmann, head of the Drug Policy Alliance. "Arguments that were articulated just five years ago primarily by intellectuals and activists, and three years ago by former presidents, are now being advanced, with growing sophistication and nuance, by current presidents. There is now, for the first time, a critical mass of support in the Americas that ensures that this burgeoning debate will no longer be suppressed."

"A lot of countries don't want to do the US's dirty work anymore -- enforcing the prohibitionist policies that are unenforceable and hypocritical," said Laura Carlson, director for Latin America rights and security in the Americas program at the Center for International Policy. "Everybody knows that it's impossible to wipe out the illicit drug business without making it legal, and most people know that the efforts aimed at ostensibly doing that are not 100% honest and certainly not effective. Many Latin American countries don't want the degree of US intervention in their national security that the drug war entails either," she noted.

"Having said that, the US government is determined to put down any talk of alternatives and particularly alternatives that begin with regulation rather than prohibition. The recent visits of Napolitano, Biden, [US State Department Assistant Secretary for the Bureau of International Narcotics and Law Enforcement Affairs William] Brownfield and the military leaders all carried that message," the Mexico City-based analyst continued. "Small and dependent countries -- El Salvador is the example here, after reversing its position on legalization -- are afraid to stand up to the US on this, and progressive countries don't seem to want to get involved, both because they find the issue a political hot potato and because they are focusing efforts on strengthening alternative organizations to the OAS."

"I think the US strategy of Brownfield and the State Department will be to say that legalization was brought up and rejected by the Latin American leaders," offered Sanho Tree, director of the Drug Policy Project at the Institute for Policy Studies. "They will use dichotomous rhetoric, they will try to maneuver the discussion into either prohibition or heroin in vending machines, but this is about the whole spectrum of regulatory possibilities. That's what we need to be talking about instead of that false dichotomy."

Still, to even deign to discuss policy alternatives to prohibition is a notable step forward for the US, even if it is only to dismiss them, Nadelmann argued.

"The shift in the public posture of the US government -- from rejecting any discussion of legalization to acknowledging that 'it is a legitimate subject of debate' -- is significant, notwithstanding the clear caveat by the Obama administration that it remains firmly opposed to the notion," he noted. "That said, it is safe to assume that the US government will do all it can to suppress, ignore, distort and otherwise derail the emerging dialog.  US officials are handicapped, however, by the remarkable failure of government agencies over the past thirty years to contemplate, much less evaluate, alternative drug control strategies. They also must contend with the fact that the United States has rapidly emerged -- at the level of civil society, public opinion and state government -- as a global leader in reform of marijuana policies."

The discussion on drug policy at Cartagena isn't taking place in a vacuum, and there is at least one other issue where the US finds itself at odds with its host and most of the region: Cuba. The US has once again insisted that Cuba not be allowed to attend the summit, and President Santos reluctantly acceded, but the whole affair leaves a sour taste in the mouth of Latin Americans. Ecuadorian President Correa is not coming because of the snub, and the issue only plays into hemispheric discontent with Washington's war on drugs.

"The US won the day in persuading Santos not to invite Cuba," said Birns, "but the political cost of that action is high, and the whole drug issue is twinned to it, not because Castro has an enlightened position on drugs, but because of anti-Americanism in the region. This means Cartagena is the city where a lethal blow against the status quo will be achieved."

"The United States is not going to listen," said Birns, "but this era of non-discussion of drug legalization and refusal to countenance the possibility of dialog on the issue may be coming to an end. More and more people who aren't known as drug reform crusaders are coming forth and saying it's not working, that we need another approach, and that's probably decriminalization and legalization. We're very much closer to liberation on this issue than we've ever been before."

"Liberation" may now be within sight, but diplomatic dissent is not yet close to being translated into paradigmatic policy shifts. Whatever discussion does take place in Cartagena this weekend, don't expect any official breakthroughs or even declarations, said Carlson.

"I am not optimistic about there being any formal commitment, or perhaps even mention, of legalization per se," she said. "The implementation group for the Sixth Summit is already working on the final declaration and it contains a section on 'Citizen Security and Transnational Organized Crime.' I think that as far as it will go is to state that transnational organized crime is a growing problem and that the nations of the Americas agree to work together, blah, blah, blah," she predicted.

"The United States will reiterate its 'shared responsibility' and commitment, but will not mention the need to change a failed model," Carlson said. "There will be more rhetorical emphasis on social programs for 'resilient communities' and especially on police and judicial reform, although the former will not be reflected in what are largely military and police budgets. I think the best we can hope would be a mandate for a policy review and a commitment to continue to discuss alternatives. The specific proposals to legalize transit, to create a regional court for organized crime cases and US payment for interdictions will not likely be resolved."

"This is a long process, not an immediate objective," said Tree. "In Central America, it's going to take a year or two of thoughtful -- not sensational -- media coverage. When people see anarchy, they want order. With a more thoughtful dialog, we can begin to get traction."

"It is too soon to predict that this Summit of the Americas represents any sort of tipping point in global or even regional drug control policy," Nadelmann summed up. "But the odds are good that this gathering will one day be viewed as a pivotal moment in the transformation from the failed global drug prohibition regime of the twentieth century to a new 21st century global drug control regime better grounded in science, health, fiscal prudence and human rights."

We'll see what happens this weekend, but at the very least, the taboo on serious discussion of reforming the drug prohibition regime at the highest levels has been shattered. Look for a report on the summit itself next week.

Cartagena
Colombia

Review Essay: The Border and Mexico's Drug Wars

Border Junkies: Addiction and Survival on the Streets of Juarez and El Paso, by Scott Comar (2011, University of Texas Press, 214 pp., $24.95 PB)

Border Wars, by Tom Barry (2011, MIT Press, 171 pp., $14.95 HB)

Dealing Death and Drugs: The Big Business of Dope in the US and Mexico, by Beto O'Rourke and Susie Byrd (2011, Cinco Puntos Press, 119 pp., $12.95 PB)

El Sicario: The Autobiography of a Mexican Assassin, edited by Molly Molloy and Charles Bowden (2011, Nation Books, 209 pp., $15.99 PB)

In addition to an ever-increasing death toll, now more than 50,000 since President Calderon sent in the army in December 2006, Mexico's drug wars are generating an increasing level of concern and interest in the US, including a burgeoning literature. Next week, we'll review a trio of new works that seek to describe the emergence and significance of the so-called cartels, but this week, we look at a quartet of books that focus on the drug wars (and the drug scene) along the border.

If there's anywhere in America more attuned to the Mexican drug wars -- by which I mean the prohibition-related violence among competing drug trafficking organizations, between them and Mexican law enforcement and the military, and, sometimes, even between different factions of the Mexican security apparatus -- it's El Paso, just across the Rio Grande from one of the epicenters of the drug trade and the violence, Ciudad Juarez.

That's reflected in these titles. One is written by a pair of El Paso politicians, two more are largely set in the El Paso-Ciudad Juarez bi-national metroplex, and the last covers the US border region of which El Paso is front and center. The view from El Paso, staring across the river at the killing and mayhem, can be frightening, but also enlightening.

In Dealing Death and Drugs, El Paso city council members Susie Byrd and Beto O'Rourke (he of the famous city council resolution calling for a discussion of legalization and now running for Congress) bring a home-town perspective on the drug wars, provide some lessons on the economics of the illicit marijuana business and present a concise, yet cogent, argument for legalizing weed as a means of weakening the cartels and reducing the violence.

Marijuana is critical for the cartels, Byrd and O'Rourke argue, because unlike cocaine, which must be purchased from producers elsewhere or methamphetamine, which requires imported precursor chemicals, the cartels control it from farm to market, generating profits each step of the way. They take you from the pot fields of the Sierra Madre Occidental, where a pound costs $23 to Juarez, where it goes for $73 a pound. Getting it past the border and into El Paso drives the price up to $240, and getting it past the Border Protection Service checkpoints a few miles into Texas gets it to its final US wholesale price of about $550 a pound.

US and Mexican law enforcement seized or eradicated 22 metric tons of Mexican weed in 2008, Byrd and O'Rourke note. That's as much as 90% of high end estimates of all the pot smoked in the US, which means either those estimates are way low or that the business is way profitable. And throwing billions of dollars at the problem through law enforcement hasn't helped.

Legalizing, regulating, and taxing the marijuana market is "the least bad" solution, Boyd and O'Rourke write. Their argument, like the book itself, is pithy, yet compelling, and, as Boyd notes in an afterword, even Calderon is starting to come around. But not yet most policymakers in the US.

With El Sicario, we take a deep, dark turn toward the underbelly of the Mexican drug wars. Border sage and drug war critic Charles Bowden and translator and Juarez body count keeper Molly Molloy bring the terrifying realities of the business into chilling focus through their interviews with a former cartel hitman now in hiding with a contract on his head. This may be the single scariest book I've read about the Mexican drug wars, not for its calm and collected accounts of horrifying acts of brutality, which can be truly stomach-turning, but for the picture it paints of absolutely corrupted and complicit law enforcement, including the military.

Can you imagine if you don't know whether that cop who just stopped you is going to write you a ticket or shoot you dead without warning, or kidnap and torture you because he's actually working for the cartels? That's the case in Mexico now. Our interlocutor in El Sicario attended the Chihuahua state police academy, rose to the rank of comandante, and underwent training by the FBI, all while carrying out killings, kidnappings, and tortures for the Juarez and Sinaloa cartels. Even more perversely, while he was running the anti-kidnapping squad for the state police, he was using police vehicles to kidnap people and transport drugs.

And he is by no means alone. According to the hit man, about a quarter of his graduating class at the police academy were on the cartel payroll -- from the very beginning of their law enforcement careers! The Mexican police are heavily salted with cartel men; it's a long-term business strategy that has paid handsomely for the cartels, but has absolutely shredded any trust the public has in state and local law enforcement there.

But it's not just rotten on the Mexican side of the border. The hit man details how he and his colleagues transported tens of millions of dollars worth of drugs across the border and how he personally paid a US Customs officer $50,000 to let cars full of drugs get through. El Sicario shows that dirty knows no borders, even if the cartels are smart enough to keep the blood-letting almost entirely south of the border.

But there are other ways US law enforcement is benefiting from the Mexican drug wars. In Border Wars, journalist and Center for International Policy analyst Tom Barry uses a series of interlocking essays to argue that since the September 2001 Al Qaeda attacks, the US has spent billions of dollars "securing the border" against a triple threat of illegal immigration, drugs, and terror, and has accomplished little good, quite a bit of bad, and plenty of stupid.

Barry opens with the death of Jesus Manuel Galindo, who died for lack of proper medical treatment in 2008 in a privately operated, publicly owned federal immigration prison in remote Pecos, Texas. He recalls that until 2006, we typically handled illegal immigration administratively, often simply deporting Mexicans back across the Rio Grande. But since then, the Bush administration began treating illegal immigration as a criminal matter, and now some 20,000 people languish in those distant prisons. Barry paints chilling, Kafkasque scenes of assembly-line "justice" where judges, prosecutors, and defense attorneys, all in the pay of the Us government, process dozens of shackled would-be immigrant laborers into the ever-expanding federal immigration detention system.

There is money to be made there, sucking off the federal teat, although more of it appears to go to lawyers, consultants, dealmakers and lobbyists than to the desperate rural towns hoping a private prison will provide them with a semblance of an economy. There's even more money to be made by border sheriffs and border state law enforcement entities in the seemingly endless billions of Department of Homeland Security dollars to fight drugs and terror.

Barry takes us to Texas and Arizona border counties where the numbers show little violent crime, but the sheriffs and politicians cry to high heaven about "spill over violence," Korans found on the border, and the threat of narco-Hezbollah conspiracies, for which there is no evidence. Some of these counties are among the poorest in the nation, lacking social and public services, yet in one of them, the sheriff's department is so awash in federal grant money that each deputy has two official vehicles, one patrol car and one SUV.

Along the way, he exposes the ugliness of border security politics and some of it practitioners, such as Govs. Rick Perry of Texas and Jan Brewer of Arizona, who use a politics of fear and hate to firm up support among their most reactionary supporters, who hype nonexistent violence on this side of the border, and who constantly tout their border security efforts "without help from Washington" even as they take in billions from Washington to pay for their loudly-touted initiatives. It's rank cynicism, opportunism, and hypocrisy at its worst, and Barry nails it.

For Barry, the central problem is our inability to enact comprehensive immigration reform, a goal always pushed further into the future as we "secure the border" first. And, he says, we have to separate national security from public safety. The gargantuan Department of Homeland Security should worry about terrorists; a separate Customs and Border Protection Service should deal with illegal immigration and drugs.

"The standard of success for our border policy shouldn’t be how completely sealed and secured our border is," he writes, "but rather how well it is regulated. New regulatory frameworks for immigration and drug consumption are fundamental prerequisites for a more cost-effective border policy." And a more sane and human one. 

Finally, with Border Junkies, University of Texas-El Paso borderlands historian Scott Comar takes us back to "the good old days" in Juarez, a decade ago, before the city earned its blood-drenched reputation. In an eye-opening work of auto-ethnography, Comar tells mainly his own story of his descent into abject addiction, in which he moved with appalling speed from owning his own moving truck to panhandling on the streets to feed his habit.

In telling his own story, though, Comar unveils a never-before-written-about world, that of the street junkies of Juarez. His account, based largely on his journal entries, details the day-to-day struggle of the border junkies, the strategies they adopt to survive and score -- and not necessarily in that order -- the kinship and friendship networks that envelop them, the heroin distribution systems that feed their insatiable appetites. For those with a taste for anthropological examinations of the junkie life, this is fascinating stuff, right up there with the work of Philippe Bourgois.

Border Junkies is notable in one other respect: I don't think there is one mention of the cartels in it. Comar recounts constant harassment by the Juarez police (and the El Paso police, too) and petty corruption, he mentions that some of his fellows belonged to gangs, though only passingly, but the existence of the cartels, the source of their dope, is so distant from their daily lives that it is as if they don't exist.

Of course, that was before the death toll in Juarez started climbing to thousands every year. Now those street gangs that in Comar's time seemed to be engaged mainly in minor thuggery, a little smuggling, and posing with pistols have, in the pressure cooker of the Mexican drug wars, morphed into true killing machines like Barrio Azteca, the Artist Assasins, and La Linea. Those guys who quietly peddled smack on the corners or out of their houses in Comar's day died by the hundreds when the violence swept through just a few years later.

Wretched as the border junkie's existence is, it is doable. Comar did it for three years, commuting over the river to panhandle in El Paso, then back across to cop and nod. It was a gritty, miserable existence, but Comar makes it seem almost routine, banal. And, along the way, he has some interesting things to say about addiction and recovery, too.

Perhaps it's fitting to end with the image of the junkie straddling the border, because the root causes of Mexico's drug wars certainly do. Whether it's America's never-ending appetite for Mexican weed, the cartels' addiction to money and power, their alcohol and cocaine-numbed killers, or border state and federal law enforcement's addiction to immigration/drugs/terror funding booty, it's all entangled there on the line.

Mexico may be another country and, thankfully, the violence, at least, remains on that side so far, but we are all in this together. Legalizing marijuana or even ending drug prohibition in the US won't make the cartels magically disappear, but failing to do so will only ensure that they grow ever more entrenched, while continuing to provide sustenance to malign political forces and authoritarian, if not downright Orwellian, policing tendencies here.

Drugs Not Driving Gang Violence, CDC Says

The popular image of street gang violence in the US as being "drug-related," is largely mistaken, the Centers for Disease Control and Prevention said in a report released last Thursday. Other factors, particularly retaliation for ongoing gang violence, are more likely to be at play, the report said in what is the first study based on the CDC's National Violent Death Reporting System.

dumpster tagged by the 24th Street Crips (wikimedia.org)
The CDC looked at data from 2003 through 2008 to study gang-related killings in 17 states and found the highest rates in five cities: Los Angeles, Long Beach, and Oakland, California, Newark New Jersey, and Oklahoma City.  Those cities had 856 gang-related homicides and 2,077 non-gang killings during the period in question.

In Los Angeles and Long Beach, less than 5% of all killings were related to known drug trafficking or use, while in Oakland, only 12.5% of gang killings involved drugs. In Newark, 20% of gang killings involved drugs, while Oklahoma City came in highest with 25.4%.

The numbers show that even in the city with the highest percentage of gang killings blamed on the drug trade or drug use, only about one-quarter of gang killing revolved around drugs. The numbers are similar for non-gang homicides. "Drug-related" killings accounted for little more than one-fifth of all homicides at most, again in Oklahoma City, at 22.8%, but only 16.5% in Oakland, 6% in Newark, and less than 5% in Los Angeles and Long Beach.

"The public often has viewed gangs, drug trade/use, crime, and homicides as interconnected factors; however, studies have shown little connection between gang homicides and drug trade/use and crime," the report's authors wrote in an editorial note. "Gangs and gang members are involved in a variety of high-risk behaviors that sometimes include drug and crime involvement, but gang-related homicides usually are attributed to other circumstances…. Overall, these findings support a view of gang homicides as retaliatory violence. These incidents most often result when contentious gang members pass each other in public places and a conflict quickly escalates into homicide with the use of firearms and drive-by shootings."

The findings could be important for policymakers as they attempt to grapple with the causes of gang violence and how to prevent it. The report suggested concentrating on preventing kids from joining gangs in the first place and helping at risk kids deal with conflict resolution.

"Violence -- including gang homicides -- is a significant public health problem," Linda Degutis, director of the CDC’s National Center for Injury Prevention and Control, said in a prepared statement. "Investing in early prevention pays off in the long run. It helps youth learn how to resolve conflicts without resorting to violence and keeps them connected to their families, schools and communities, and from joining gangs in the first place."

Honduras Calls Out the Army to Fight Drug Cartels

The Honduran congress voted overwhelmingly Tuesday to send out the armed forces to combat Mexican drug trafficking organizations. The vote gives the military broad domestic policing powers, including additional powers in the fight against the cartels.

Honduran army troops training with US Marines (wikimedia.org)
"We cannot have an armed forces only for foreign threats when there are so many deaths in the country because of violence," Juan Orlando Hernandez, president of the Congress, said before the vote in remarks reported by CNN. "We are making this decision to support the Honduran people."

According to the United Nations, Honduras has the world's highest murder rate, with more than 82 murders per 100,000 people last year. By comparison, Mexico, where more than 45,000 people have been killed since President Felipe Calderon deployed the military against the cartels there five years ago, has a murder rate of 18 per 100,000 and the US 4.8.

About 20 people a day are murdered in Honduras, and most accounts blame most of the killings on drug cartels smuggling cocaine from South America. Under pressure in their home country, the Mexican cartels have expanded operations throughout Central America. El Salvador and Guatemala are also finding themselves running up against brazen cartel gunman.

The crime problem is aggravated by the existence of violent street gangs, and the national police have proven both ineffectual and corrupt. The move to involve the military in policing comes just after President Porfirio Lobo was forced to begin a purge of the national police, of whom 167 have just been arrested for charges ranging from corruption to murder.

While the Honduran military had already been involved in operations against the cartels, it had been limited to assisting police and could only go on joint operations with police. Soldiers did not have the power of arrest, nor could they collect evidence or send cases to prosecutors.

That has now changed. The military has full domestic policing powers, including making arrests, doing searches, and executing warrants in law enforcement matters. But armed forces spokesman Col. Alcides Flores said the military is not displacing the police, nor is it imitating Mexico, whose armed forces have been sullied by accusations of corruption and human rights violations during its campaign against the cartels.

"The new decree authorizes the armed forces to make captures without a police presence, but we are just augmenting the capacity of the police," he said. "At no time are we replacing the police. And we are not following the Mexican model. We are making a Honduran model," he said.

Tegucigalpa
Honduras

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

StopTheDrugWar Video Archive