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Colorado Drugged Driving Bill Dies -- Again

The third time wasn't the charm for Colorado legislators trying to pass a "per se" drugged driving bill aimed directly at marijuana users. The bill died last year in the Senate, it died this year in the House, and on Tuesday, it died once again after Gov. John Hickenlooper (D) brought it back for consideration during a short-lived special session he called to deal with unfinished business.

The bill, House Bill 12S-1005, would have mandated that anyone found driving with more than five nanograms of THC per milliliter of blood was presumed to be guilty of driving while impaired. Prosecutors would have needed no other evidence of actual impairment to win a conviction.

The bill failed by a single vote in the Senate Tuesday, with senators split 17-17 on the measure. The bill had already won approval earlier in the day in the House.

The bill was opposed by medical and recreational marijuana advocates and some members of the state legislature, even some Republicans, who argued that it unfairly targeted pot users with a scientifically uncertain measure of impairment.

"I don't think it'll make our roads any safer," said Sen. Pat Steadman (D-Denver).

Once again, only one vote made the difference. Will the legislature now give up on its quest to criminalize marijuana users who drive? We'll have to check back next year.

Denver, CO
United States

Jacksonville Cop Kills Unarmed Drug Suspect

A Jacksonville, Florida, police officer shot and killed an unarmed drug suspect during a traffic stop early last Wednesday morning when the man reached down inside his car. Davinian Darnell Williams, 36, becomes the 28th person to die in domestic drug law enforcement operations so far this year.

Davinian Darnell Williams (JCSO)
According to Jacksonville Police Chief Tom Hackney, Officer Jeff Edwards pulled over Williams for "driving suspiciously in a[n]… area known for drug activity." Williams tried to evade Edwards by making sudden turns and running stop signs.

When Williams finally stopped, the chief said, he refused commands to show his hands and was moving around inside the vehicle. Officer Edwards moved from one side of the car to the other to get a better view of what Williams was doing.

"At that time, the suspect made a sudden motion, reaching down," Hackney said.

Edwards then opened fire, shooting seven times through a side window and hitting Williams with six of the shots. Williams died at the scene.

Police found 17 grams of powder cocaine in one of Williams' socks and less than a gram of crack cocaine in the other. There was no weapon on Williams or in the car.

Williams had a criminal record dating back to 1992, including possession of marijuana, sale and possession of cocaine, resisting arrest, and battery on a law enforcement officer.

Officer Edwards has been placed on administrative leave while the State's Attorney's Office investigates.

Williams' killing was the seventh shooting by Jacksonville police this year and the fourth fatal one. In 2010 and 2011, Jacksonville police shot eight people each year, and in both years, four of them died.

"These traffic stops are filled with inherent dangers," Hackney said.

Jacksonville, FL
United States

Colorado Per Se Drugged Driving Bill Dies

A bill that would make it illegal to drive with more than a certain amount of THC in one's system has died in the state legislature. The bill, Senate Bill 117, passed the Senate last Tuesday and was approved by the House Judiciary Committee last Thursday, but failed to make it to a House floor vote before the session ended Wednesday.

Under the bill, drivers found with more than five nanograms of THC per milliliter in their blood are automatically presumed to be driving under the influence of drugs, even if they can show they were not impaired. That makes it a "per se" drugged driving law, where the presence of a set amount of a specified chemical is enough to win conviction.

Per se laws currently apply to drunk driving, where a blood alcohol content of 0.08% is all the evidence needed to convict someone for that offense. Per se drugged driving laws have also been passed in a number of states, but the science around the effects of marijuana on drivers is much less settled, and that's leading some to cry foul.

A similar bill nearly passed last year, winning approval in the House, but was derailed in the Senate at the last minute, at least in part thanks to Westword marijuana columnist William Breathes, who underwent drug and driving tests the day after smoking marijuana. Breathes demonstrated that his ability to drive was unimpaired, even though the THC level in his blood was three times that which would have gotten him convicted of DUID.

The bill barely made it out of the Senate this week. It appeared ready to die on a voice vote, but then bill sponsor Sen. Steve King (R-Grand Junction) called for a roll call vote, and it passed 18-17.

The bill faced similar drama in the House Judiciary Committee, where it was also approved by a single vote. There, Rep. Jerry Sonnenberg (R-Sterling), sat silently for almost an entire minute when called to cast his vote. He then voted in favor of the bill, while signaling that he didn't really support it.

"I have issues with the bill," Sonnenberg said. "The truth is I think it needs a full hearing in front of the house... I had made the commitment to make sure that hearing happens."

Foes of the bill said it is almost certain to result in people being convicted of impaired driving when they are not impaired. They also noted that, unlike alcohol, there is no practical way for people who have used marijuana to test their blood levels.

"You really can't be sure every time you step in your car if you're going to be convicted as a result of it," said Rep. Daniel Kagan, (D-Cherry Hills Village) before voting against the measure.

While the bill easily passed the House last year, opponents early this week still hoped to kill or amend it either in the Appropriations Committee or on the House floor. The Marijuana Policy Project was asking that the bill be amended to make the five nanogram limit presumptive instead of per se, so that a driver's having exceeded that limit could be used as evidence of impairment, but would not result in an automatic conviction. It was also asking for an amendment to exempt medical marijuana patients from the law.

But now, the bill is dead--for the second year in a row.

Denver, CO
United States

Connecticut Bill to Strengthen Racial Profiling Ban Passes

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

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

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

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

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

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

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

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

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

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

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

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

Hartford, CT
United States

Oregon Methamphetamine Defendant Killed After Ramming Patrol Car

A convicted meth offender facing new charges was shot and killed by Oregon deputies late Saturday after he tried to escape in his pick-up truck and rammed a patrol car. Walter Phillips, 46, of Cave Junction becomes the 27th person to die in US domestic drug law enforcement operations so far this year.

Phillips had been convicted of methamphetamine possession in 2011 and was set to appear in court May 7 on new meth and marijuana trafficking charges. He also had an outstanding warrant for driving without a license.

According to the Josephine County Sheriff's Office, deputies attempted to pull over Phillips' truck Saturday night in Cave Junction, but he sped off when deputies turned on their lights. He then pulled off the highway and skidded to a stop before shifting into reverse and hitting the patrol car.

The two officers, Deputy Robert Baker and Reserve Deputy Mike Holguin, then opened fire "to try to stop him," the office said.

Phillips was airlifted to a hospital in Medford, where he was pronounced dead. The deputies did not require medical attention.

The sheriff's office has not released details on any evidence found in the pick-up truck or provided any motive for why Phillips fled.

His death is being investigated by the Oregon State Police, with assistance from Grants Pass Public Safety detectives, Josephine County Sheriff's Office, and the Josephine County District Attorney's Office.

Cave Junction, OR
United States

Connecticut Senate Votes to Put Teeth in Racial Profiling Law

The Connecticut Senate last Thursday passed a bill to strengthen the state's 12-year-old racial profiling reporting, which some senators said was not being followed by police. The bill, Senate Bill 364, passed on a 31-3 vote.

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

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

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

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

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

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

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

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

The vast majority of his colleagues agreed with Williams, with only three Republicans voting against the measure. The new bill beefs up the law by requiring a standardized form from all departments, requiring reports to go to the governor's office instead of the African American Affairs Commission, and creating an advisory board to oversee compliance with the law.

The bill has now been placed on the House calendar.

Hartford, CT
United States

Obama's 2012 Drug Strategy: The Same Old Same Old [FEATURE]

The Obama administration released its 2012 National Drug Control Strategy and accompanying 2013 drug budget Tuesday, and while the administration touted it as a "drug policy for the 21st Century," it is very much of a piece with anti-drug policies going back to the days of Richard Nixon.

Drug war spending continues to exceed treatment and prevention spending (ONDCP)
"We will continue to pursue a balanced approach… in a national effort to improve public health and safety," wrote Office of National Drug Control Policy (ONDCP) head Gil Kerlikowske in the introduction to the strategy. "We will work to prevent illicit drug use and addiction before their onset and bring more Americans in need of treatment into contact with the appropriate level of care. We will continue to build on the administration’s progress in reforming the justice system, ensuring that laws are applied fairly and effectively -- protecting public safety while also ensuring that drug-involved offenders have the opportunity to end their drug use and rebuild their lives."

But that's only one half of the administration's approach. The other half, as Kerlikowske makes clear, it continued adherence to classic war on drugs strategies.

"We will continue to counter drug produc­tion and trafficking within the United States and will implement new strategies to secure our borders against illicit drug flows," the drug czar wrote. "And we will work with international partners to reduce drug production and trafficking and strengthen rule of law, democratic institutions, citizen security, and respect for human rights around the world."

The federal government will spend more than $25 billion on drug control under the proposed budget, nearly half a billion dollars more than this year. And despite the administration's talk about emphasizing prevention and treatment over war on drugs spending, it retains the same roughly 60:40 ratio of law enforcement and interdiction spending over treatment and prevention training that has obtained in federal drug budgets going back years. In fact, the 58.8% of the proposed budget that would go to drug war programs is exactly the same percentage as George Bush's 2008 budget and even higher than the 56.8% in Bush's 2005 budget.

ONDCP director Gil Kerlikowske
In the 2013 drug budget, treatment and early intervention programs would be funded at $9.2 billion, an increase of more than $400 billion over this year, but most of that increase is for treatment covered under the Medicaid and Medicare programs. Grant programs under the Substance Abuse and Mental Health Services Administration (SAMHSA), including Access to Recovery, early screening and referral, and drug courts are all reduced under the 2013 budget, although drug courts would see an increase in funding under the Department of Justice's Problem Solving Justice Program.

One area where treatment funding is unequivocally increased is among the prison population. Federal Bureau of Prisons treatment spending would jump to $109 million, up 17% over this year, while the Residential Substance Abuse Treatment Program for state prisoners would be funded at $21 million, up nearly 50% over this year.

The drug strategy's rhetorical emphasis on prevention is not reflected in the 2013 budget, which calls for a 1% decrease in funding. SAMHSA prevention grants and Drug Free Communities funding would decrease slightly, while the administration seeks $20 million to restart the much maligned and congressionally zeroed-out Youth Drug Prevention Media Campaign.

On the drug war side of the ledger, domestic anti-drug law enforcement spending would increase by more than $61 million to $9.4 billion, with the DEA's Diversion Control Program (prescription drugs) and paying for federal drug war prisoners showing the biggest increases. The administration anticipates shelling out more than $4.5 billion to imprison drug offenders.

But domestic law enforcement is only part of the drug war picture. The budget also allocates $3.7 billion for interdiction, a 2.5% increase over the 2012 budget, and another $2 billion for international anti-drug program, including assistance to the governments of Central America, Colombia, Mexico, and Afghanistan.

Critics of the continued reliance on prohibition and repression were quick to attack the new drug strategy and budget as just more of the same.

"The president sure does talk a good game about treating drugs as a health issue but so far it's just that: talk," said Neill Franklin, executive director of Law Enforcement Against Prohibition (LEAP) and a former narcotics officer in Baltimore. "Instead of continuing to fund the same old 'drug war' approaches that are proven not to work, the president needs to put his money where his mouth is."

"This budget is appalling. The drug czar is trying to resurrect those stupid TV ads, like the one where a teenager gets his fist stuck in his mouth," said Rob Kampia, executive director of the Marijuana Policy Project. "The budget intentionally undercounts the federal government's expenditures on incarcerating drug offenders, who comprise more than half of the federal prison population. And the budget dangerously proposes a massive escalation in using the military to fight drugs domestically. Congress should just ignore this budget and start from scratch. Specifically, Congress should not provide the Obama administration with any money to go after nonviolent marijuana users, growers, or distributors."

In the 2013 drug strategy, the administration is highlighting a renewed emphasis on drugged driving and is encouraging states to pass "zero tolerance" drugged driving laws. It is also emphasizing attacking the massive increase in non-prescription use of opioid pain pills.

While the strategy calls for lesser reliance on imprisonment for drug offenders, it also calls for increased "community corrections" surveillance of them, including calling for expanded drug testing with "swift and certain" sanctions for positive tests. But drug testing isn't just for parolees and probationers; the drug strategy calls for expanded drug testing in the workplace, as well.

The drug strategy acknowledges the calls for recognition of medical marijuana and marijuana legalization, but only to dismiss them.

"While the Administration supports ongoing research into determining what components of the marijuana plant can be used as medicine, to date, neither the FDA nor the Institute of Medicine has found the marijuana plant itself to meet the modern standard for safe or effective medicine for any condition," the strategy said. "The Administration also recognizes that legalizing marijuana would not provide the answer to any of the health, social, youth education, criminal justice, and community quality of life challenges associated with drug use."

For Bill Piper, director of national affairs for the Drug Policy Alliance, the 2012 drug strategy was all too familiar.

"This strategy is nearly identical to previous national drug strategies," he said. "While the rhetoric is new -- reflecting the fact that three-quarters of Americans consider the drug war a failure -- the substance of the actual policies is the same. In reality, the administration is prioritizing low-level drug arrests, trampling on state medical marijuana laws, and expanding supply-side interdiction approaches -- while not doing enough to actually reduce the harms of drug addiction and misuse, such as the escalating overdose epidemic."

The release of the drug budget comes just days after President Obama returned from the Summit of the Americas meeting, where he was pressed to open up a debate on legalizing and regulating drugs by sitting Latin American presidents like Juan Manuel Santos of Colombia and Otto Perez Molina of Guatemala. And it comes as marijuana legalization is at the cusp of majority support and trending upward.

It is past time to keep making minor adjustments -- a slight funding increase here, a decrease there, a shift of emphasis over there -- in what is fundamentally a flawed and failed policy, said LEAP's Franklin.

"The chorus of voices calling for a real debate on ending prohibition is growing louder all the time," said Franklin. "President Obama keeps saying he is open to a discussion but he never seems willing to actually have that discussion. The time for real change is now. This prohibition strategy hasn't worked in the past and it cannot work in the future. Latin American leaders know it, and President Obama must know it. Let's stop the charade and begin to bring drugs under control through legalization."

Washington, DC
United States

Obama Releases 2012 National Drug Control Strategy

The Obama administration released its 2012 National Drug Control Strategy and accompanying 2013 drug budget Tuesday, but while the administration touted it as a "drug policy for the 21st Century," it is very much of a piece with anti-drug policies going back to the days of Richard Nixon.

The federal government will spend more than $25 billion on drug law enforcement under the proposed budget, and despite the administration's talk about emphasizing prevention and treatment over war on drugs spending, it retains the same roughly 60:40 ratio of law enforcement and interdiction spending over treatment and prevention training that has obtained in federal drug budgets going back years.

The administration is high-lighting a renewed emphasis on drugged driving and is encouraging states to pass "zero tolerance" drugged driving laws. It is also emphasizing the massive increase in non-prescription use of opioid pain pills.

While the strategy calls for lesser reliance on imprisonment for drug offenders, it also calls for increased "community corrections" surveillance of them, including calling for expanded drug testing with "swift and certain" sanctions for positive tests. But drug testing isn't just for parolees and probationers; the drug strategy calls for expanded drug testing in the workplace, as well.

The drug strategy acknowledges the calls for recognition of medical marijuana and marijuana legalization, but only to dismiss them.

"While the Administration supports ongoing research into determining what components of the marijuana plant can be used as medicine, to date, neither the FDA nor the Institute of Medicine has found the marijuana plant itself to meet the modern standard for safe or effective medicine for any condition," the strategy said. "The Administration also recognizes that legalizing marijuana would not provide the answer to any of the health, social, youth education, criminal justice, and community quality of life challenges associated with drug use."

This year's drug strategy looks like last year's drug strategy, which looked like Bush administration drug strategies, which looked like Clinton administration drug strategies. When it comes to the federal drug war, it's more of the same old same old.

Look for an expanded version of this news brief Thursday afternoon, with deeper analysis and commentary from drug war observers.

Washington, DC
United States

Washington State Supreme Court Limits Vehicle Searches

In an 8-1 decision last Thursday, the Washington state Supreme Court ruled that police must obtain a search warrant to search a vehicle even if they believe it contains evidence of the crime for which the person was arrested. The decision in State v. Snapp overturns the convictions of two men in unrelated but consolidated cases where police stopped drivers and then found drugs in their vehicles while searching them.

The ruling also extends the Washington state constitution's Fourth Amendment privacy protections beyond those granted to other US citizens under the current interpretation of federal constitutional law. In 2009, the US Supreme Court ruled in Arizona v. Gant that such searches were permissible under the Fourth Amendment.

In Gant, the court held that police must obtain a search warrant to search a vehicle, but allowed two exceptions: a limited search for weapons for officer safety and if the officer reasonably believed the vehicle contained evidence of the crime for which the person had been arrested.

While the Washington Supreme Court ruling found that the officer safety exemption already exists under the state constitution, it held that searches of a vehicle for evidence of the crime for which the person was already arrested is not allowed under Article I, Section 7 of the state constitution, which enumerates protections against illegal search and seizure under state law.

The near-unanimous decision came over the protests of prosecutors, who complained that making officers get search warrants to search a vehicle after arrest will take up too much time and would have other, unspecified impacts on law enforcement.

"These delays will only multiply if a warrant is required for every stop at 2:00am on a Friday night in which the officer concludes it is reasonable to believe there is evidence of the crime of arrest in the vehicle," wrote James Whisman, a senior deputy prosecutor with the King County Prosecutor's Office. "Scores of such arrests occur in any given jurisdiction in any 24-hour period."

But as the high court noted, while "a warrantless search of an automobile is permissible under the search incident to arrest exception when that search is necessary to preserve officer safety or prevent destruction or concealment of evidence of the crime of arrest," it had already "rejected the idea that the existence of probable cause alone can justify a warrantless search of a vehicle. While probable cause is a necessary condition for obtaining a warrant, it does not itself justify a search. Contrary to the urgency attending the search incident to arrest to preserve officer safety and prevent destruction or concealment of evidence, there is no similar necessity associated with a warrantless search based upon either a reasonable belief or probable cause to believe that evidence of the crime of arrest is in the vehicle."

In its opinion, the court clearly held that the rights of Washingtonians to be free of warrantless searches trump the right of law enforcement not to be inconvenienced.

Washington is not the only state where state courts have found rights in the state constitution beyond what the US Supreme Court has found in the US Constitution. In Alaska, for one example, the state courts have upheld the right of adults to possess limited amounts of marijuana in their homes. In Pennsylvania, in another example, the state courts have used state law to strike down school drug testing programs that had been okayed under federal Supreme Court jurisprudence.

Olympia, WA
United States

After Supreme Court Win, Antoine Jones Still Seeks Justice [FEATURE]

by Clarence Walker and Phillip Smith

So, a guy gets convicted in a cocaine conspiracy case and sent to prison for life without parole, but wins on appeal and then wins again in a landmark US Supreme Court ruling on search and seizure law that overturns his conviction and forces dramatic changes in the way federal law enforcers go about their work. You would think this guy would be a pretty happy camper, getting back to his life and enjoying his freedom after sticking a thumb in the federal government's eye. But you would be dead wrong.

Antoine Jones (photo by Clarence Walker)
Meet Antoine Jones, the Jones in US v. Jones, last month's Supreme Court case in which the high court held that tracking a vehicle's movements by placing a GPS tracking device on it without first obtaining a search warrant is constitutionally impermissible. That ruling set off an earthquake under the Justice Department, evidenced this week with reports that the FBI has turned off some 3,000 GPS tracking devices that were in use.

FBI General Counsel Andrew Weissman told a University of San Francisco conference appropriately titled "Big Brother in the 21st Century" that the FBI had had problems locating some of the turned off devices and had sought court orders to get permission to briefly turn them on again, so agents can locate and retrieve them. The Supreme Court decision had caused "a sea change" at Justice, he said.

The Jones case may have been a victory for civil liberties and constitutional rights advocates, but Antoine Jones is still sitting in prison. Determined to nail the former Washington, DC, nightclub owner, federal prosecutors have announced they will seek to retry Jones without the evidence garnered by the GPS tracking device, and they want him securely behind bars until they get around to doing so.

The decision to not free Jones even though his conviction has been vacated and his case sent back to the trial court is of a piece with prosecutors' earlier tactics. After Jones won his case on appeal, prosecutors argued successfully then against granting him bail as they awaited a Supreme Court decision.

They think they have a big time dope dealer. Back in 2005, when the case began, Jones was targeted by the FBI and other federal and state police agencies as a major player in a multi-million dollar cocaine ring with ties to a Mexico-based organized crime group. Investigators said Jones and his co-conspirators distributed cocaine throughout the DC metro area. They eventually won a conviction against him, although it took them two separate prosecutions to do so. It was that conviction that was reversed by the Supreme Court.

Veteran Houston-based crime beat reporter Clarence Walker has been in communication with Jones via mail and the occasional phone call for the past several years. He's also been talking to Jones' appellate attorney, Stephan Leckar, who is exploring a possible plea bargain, although Jones doesn't appear interested in anything less than complete exoneration.

While Jones is pleased with the Supreme Court decision, he's not so pleased with the fact he is still being denied his freedom.

"All I can say I am very happy with the Supreme Court decision and I hope the decision helps millions of Americans preserve their right to have reasonable expectation of privacy," Jones told Walker in a phone interview this month. "The ruling came right on time because who knows how many American citizens the government continues to track and monitor for weeks and months without a warrant. Even some of the men here in prison with me have warrantless GPS issues, like a friend of mines named Sigmund James. The government tracked his vehicle for 14 months."

James was convicted in a massive cocaine trafficking case in Orangeburg, South Carolina, an operation called "Bitter Orange." Like Jones, James was sentenced to life without parole.

Jones said he expected to be released after the Supreme Court decision and that he was "shocked" when Leckar told him prosecutors were seeking to retry him or get him to accept a plea bargain.

"Matter of fact, I thought once the mandate was released, I would be freed from prison right away," Jones said, "but Mr. Leckar said the government will never let me go unless I beat them at trial."

"The government is permitted to retry the conspiracy charge, provided they don't use the GPS evidence," Leckar told Walker. "But there are a number of other serious legal issues that must be resolved including whether drugs and cash said to be from a stash house could be admitted," he explained. "But like I told Antoine, the feds have no intention of letting him go and that they will probably retry him on the evidence that was not obtained by the GPS tracker."

Jones got a sentence of life without parole the first time around, Leckar noted, and if he loses a second time, he could face the same sentence. But Jones is not ready to compromise. Instead he is going to fight, both in the criminal courts and the civil courts.

Jones filed a pro se civil suit against numerous law enforcement agencies alleging numerous abuses, but that jailhouse lawsuit was dismissed by the US District Court for Washington, DC, in 2009. Now, however, Jones is refiling, and he has professional legal assistance this time. He is being represented in the civil suit by the DC law firm of Miller & Chevalier.

"The federal authorities know they not only violated my civil rights, and my wife's and son's rights, but they lied on the witness stand, and they burglarized my home and warehouse," Jones charged. "And so now that I have attorneys representing me in the civil suit against the government, they want to wrongfully convict me again to cover up their lies and the crimes they committed during the investigation of my case. The feds know what they have done was wrong."

Jones is not only on the offensive with the civil suits. He has also filed obstruction of justice complaints with the Justice Department's Office of Professional Responsibility and the Office of the Inspector General. He is alleging that FBI and ICE agents committed various illegal acts in attempting to nail him, including falsifying federal reports, conducting searches without a search warrant, planting evidence, forging signatures on search consent forms, and perjury.

GPS satellite
"Since Mr. Leckar said the government will never let me go unless I beat them in trial. I will focus on my civil rights complaints against the Feds and make sure my wife, son and mother-in-law pursue their civil right suit as well," Jones explained. "The civil suits and obstruction of justice complaints could get the federal agents and the police prison time if they are indicted and found guilty."

Purvis Cartwright, a former federal prisoner and highly respected Houston, Texas-based writ writer who has been closely monitoring the GPS case, told Walker that Jones may have made a mistake by suing the federal government because now prosecutors will come back at him very hard to convict him by using "snitchers" to testify against Jones, snitchers that Jones never met.

Cartwright called that strategy a "get on board" scheme, a way for informants to get their sentences reduced by helping prosecutors. "A rat don't have friends," he said, "only victims."

So far, one high-profile snitch has already gotten on board to help convict him in his upcoming retrial, Jones said. He said Leckar told him the government is planning to call a high-level Mexican drug dealer to say he shipped large loads of cocaine to him.

"I've never met nor talked with the guy in my whole life and he never testified in either of my trials," Jones said.

"The feds, like the DEA and FBI, have snitchers in the joint," Cartwright explained. "They will go to these guys and tell them they are trying to get something on a particular guy and then the feds will share with the snitchers some important background information about the target and next thing you know they ready to testify in court against someone they don't even know," he said. "This is rampant in the federal joint."

"The government still thinks they have a case, but they must have forgot what the Court of Appeals stated in their opinion," Jones said, before quoting word for word: "The evidence linking Jones to a conspiracy was not strong, let alone overwhelming, and the government did not have a drug transaction in which Jones was involved, nor any evidence that Jones possessed any drugs."

Prosecutors are reportedly offering a plea deal that would result in a 12-year federal prison sentence for Jones, but he isn't going to take it despite the possibility he could once again doing life without parole. He maintains his innocence, he said.

"I'll fight this case until the end."

Clarence Walker can be reached a cwalkerinvestigate@gmail.com.

Washington, DC
United States

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