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Sex, Lies, and a Georgia Drug Frame-up [FEATURE]

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

Part five of an ongoing investigative series, "Prosecutorial Misconduct and Police Corruption in Drug Cases Across America."

With a plot out of a Hollywood movie or a gripping Lifetime TV show, a mesmerizing drama of sex, power, frame-ups, planted drugs, and lies unfolded in real life in Georgia when two Murray County sheriff's deputies recently pleaded guilty in federal court for their part in a scheme to send an innocent woman to prison. Now both deputies await sentencing on charges of obstruction of justice and perjury stemming from an FBI civil rights investigation into the odd goings-on Down South.

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Angela Garmley (courtesy attorney McCracken Poston)
The woman in question, Angela Garmley, had filed a complaint with the Georgia Judicial Qualification Committee alleging that Chief Magistrate Judge Bryant Cochran solicited sex from her in return for legal favors in a pending assault case in which she was the victim. Shortly after Garmley filed her complaint, she was arrested on August 14, 2012 in sleepy Chatsworth, Georgia, and charged with possession of methamphetamines.

"My client was set up and framed with methamphetamine drugs by Judge Bryant Cochran, whom she had accused of soliciting her for sex in exchange for legal favors in a case she had in Cochran's court," attorney McCracken Poston told the Chronicle.

Poston, a former Georgia state representative from nearby Ringgold with a reputation as a crack attorney, is representing Garmley in a civil lawsuit against Murray County. And Garmley isn't alone. Since this scandal broke, three women who worked in Cochran's court have filed a separate lawsuit against the judge and the county claiming Cochran sexually harassed them while county officials negligently failed to protect their rights.

"The judge, two deputies, and a handyman named C.J. who is employed at Judge Cochran's property conspired to plant the drugs on my client. And if the frame-up hadn't been discovered my client would've been facing 25 to 30 years in prison," Poston said, echoing the allegations made it the lawsuit.

Although Garmley's drug charge was dismissed a week later at the request of investigators when the frame-up was exposed, she is still suffering the consequences of her false arrest. Under Georgia law, it takes one year for the charge to be removed from Garmley's record, and the arrest has already cost her.

"My client was denied a much higher paid job due to the felony drug charge on her record and what the judge and cops did to her. Nobody should have to suffer like that," Poston said.

Lust and Privilege at the County Courthouse

According to Garmley's lawsuit -- and largely supported by the record in judicial proceedings so far -- she went to the courthouse on April 9, 2012 in regard to an assault on her by three persons the previous day. When Garmley arrived at Cochran's office, he requested that she meet with him alone, preventing her sister, who had been an eyewitness to the assault, from attending or providing a corroborating statement.

"While privately sitting in chambers with Cochran, I related details about the assault," Garmley said in the lawsuit.

But Cochran was more interested in the state of her marriage, the suit alleges, whether or not she had cheated on her estranged husband, and whether the persons who assaulted her "have anything on her to hurt her divorce from Joe Garmley." While shying away from particulars of the assault, Cochran made repeated comments about "how pretty" Garmley was and then veered into even more uncomfortable territory.

"My wife doesn't take care of my sexual needs and I need a mistress to have sex with I can trust," Garmley said Cochran told her. He had "a real boner" for her and wanted her to return to his office the following week, he added flirtatiously, the lawsuit alleges.

Garmley played along as if interested in his offer, the suit alleges, and then Cochran upped the ante by asking Garmley to send him a photo of herself in a seductive way to let him take a "sneak peek" at what he was going to get. After giving Garmley his private cell number, Cochran, with a fixed stare at Garmley, gave her a direct order: "Come back on Wednesday with a dress and no panties so we can have sex."

Garmley told investigators and her attorney that she complied with Cochran's request for a revealing photo, sending him pictures of herself in her underwear.

"I sent the pictures hoping Judge Cochran would permit my assault case to move forward to get justice," Garmley stated in her suit. "But I had no intention of meeting behind closed doors without panties to have sex with the judge."

Instead, Garmley filed a complaint against Cochran with judicial authorities, and that's when her experience with Murray County justice shifted from bad dream to nightmare.

Deputy Josh Greeson (courtesy attorney McCracken Poston)
The Drug Bust That Wasn't

Within days of filing her complaint against Cochran, Garmley suddenly found herself on the wrong side of the law, charged with possession of methamphetamine after a roadside traffic stop by Murray County Sheriff's Deputy Josh Greeson. Greeson's arrest report -- now in the hands of the FBI, the Georgia Bureau of Investigation, the US Attorneys Office, and Garmley's attorneys -- provided the official version of events.

"On 8-14-2012, while patrolling Eastbound on the Brown Bridge Road I noticed a vehicle heading Westbound with its bright lights on. As the vehicle passed me I turned around to make a traffic stop for failure to dim its bright lights," Greeson wrote. "Failure to dim headlights is an indicator someone under the influence of drugs or alcohol."

Garmley was a passenger in the vehicle, being given a ride by a male friend, Jason Southern, who was also charged with meth possession, as well as driving with a suspended license, and who is also a plaintiff in Garmley's lawsuit. Southern was giving Garmley a ride to the property she shared with her estranged husband, who lived in a separate residence on the property.

"When the vehicle pulled into the trailer park at 4177 Brown Bridge, I turned my blue lights on for the vehicle to stop," Greeson wrote in his report. "When I got out I approached the passenger side and requested to see both the driver and the passenger driver's license. Mr. Southern stated his license was suspended."

Then Joe Garmley showed up and began angrily arguing with his wife and Southern. Joe Garmley repeatedly ignored Deputy Greeson's orders to step away from the vehicle and continued to argue with his wife. Greeson then arrested him for obstruction of justice. Joe Garmley is also a plaintiff in Garmley's lawsuit.

"When Mr. Garmley was arrested," Poston explained, "his offense was a simple misdemeanor that he could have bonded out on that same night, but guess what? Mr. Garmley was held overnight without bond."

Returning to the business at hand, Deputy Greeson continued to investigate.

"When Mrs. Garmley stepped out of the vehicle she stumbled and had slurred speech, which led me to believe that she was on some sort of illegal drug," he reported. "I asked Ms. Garmley if she had used any illegal drugs or if there was any illegal drugs inside the vehicle and she said no. I asked Ms. Garmley if I could run my dog around her vehicle to assure me that there wasn't anything illegal in the vehicle and she stated it was fine to search her vehicle if I wanted. I got my K-9 Ruhl out of my patrol car and started my search at the back driver's side tail light."

Greeson also noted in his report that during the first search of the vehicle with the K-9 dog that the animal sniffing enhanced at the driver's side front tire and front lower part of the door. "On my second pass by the driver's side, the sniffing of the K-9 enhanced again."

"Due to my training with Ruhl at the South Georgia K-9 school, I was certain that his alert was true," Greeson wrote. "And based on my police training about different techniques that are used to hide narcotics, I looked up under the vehicle and located a small metal can stuck to the front of the vehicle right under the driver's door. When I opened the can there were bags of a crystal substance believed to be methamphetamine."

Garmley denied that the drugs were hers. "Then Mrs. Garmley said this was a set up," Greeson wrote in the report.

At this point, Murray County Sheriff's Captain Michael Henderson, a first cousin to Judge Cochran, appeared on the scene. "You happen to be in the wrong place," he told Southern, according to the lawsuit.

Both Ms. Garmley and the driver, Jason Southern, were charged with possession of meth and hauled off to jail while her husband Joe was transported to jail in a separate vehicle. Garmley posted a $2,500 bond and was released from jail. Her husband Joe also posted bail, but Southern remained in jail.

"Once Angela told me what happened, I knew the whole case stunk to high heaven," attorney Poston said. "My client and I had been on TV about the sexual allegations that Ms. Garmley had filed against Judge Cochran with the State Judicial Qualification Board and all of a sudden, my client gets pulled over and drugs were found in her car. I told the judge in open court that my client had been set up and that I would have the case investigated," Poston added.

Poston complained to the Georgia Bureau of Investigation (GBI), and GBI investigator James Harris launched an immediate investigation, questioning Deputy Greeson, Captain Henderson, and others involved. That's when the official story began to fall apart.

A Frame-Up Exposed

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Garmley's distinctive automobile that was stopped (courtesy attorney McCracken Poston)
The day after the arrest, Deputy Greeson testified that he had not received prior information about Garmley's white Dodge vehicle prior to pulling it over. During GBI agents' interviews with  Greeson a week later, he insisted again that he had not been instructed to pull Garmley over. But by then, Poston and Garmley had reported to investigators that a man known as "C.J.," who worked as a handyman for Judge Cochran, had confessed to planting the drugs on Garmley's car.

"This C.J. guy confessed to me and Garmley that Judge Cochran paid him money to plant the drugs on Garmley's vehicle," Poston told the Chronicle. "She told both me and GBI investigators that on the night prior to her arrest, C.J. came by her house around 1:30am acting strange, asking Garmley if her father, who no longer lived with her, wanted to trade off his guitar. Mrs. Garmley said as C.J. talked, she noticed him watching her cell phone, but she moved it. C.J. said the judge told him that if he got ahold of Garmley's phone that he would get paid more, particularly because Garmley had the judge's phone number and text messages."

Realizing that his cell phone log could be subpoenaed regardless of whether his messages were deleted, Greeson finally cracked, telling investigators that Henderson had asked him to pull the drug-planted car over and to keep quiet about it.

"Henderson asked Greeson not to tell investigators about his order to pull Garmley's car over, which put Greeson in a position to lie about it, and that's a conspiracy," said Poston. "Captain Henderson then changed course and confessed his role in the scheme to have Garmley's car stopped so Greeson could find the planted drugs."

Surrounded by reporters, Greeson sobbed as he recalled having feared to refuse Captain Henderson's order to deny knowing ahead of time about Garmley's car having drugs. Greeson also said Henderson visited his home before he spoke with GBI about Garmley's arrest.

"I can't remember exactly how Henderson put it, but he said for me not to mention about the lookout on the vehicle and that I was the only one who knew about the lookout. And if I didn't say nothing about it, nobody would know," he said. "I was always told to stay on Henderson's good side."

Both Henderson and Greeson were fired from the sheriff department and Cochran,who had just been reelected for a third term, abruptly resigned his judgeship a day after the arrests of Garmley, her husband Joe, and Jason Southern.

Henderson later told investigators he arrived at the arrest scene to assist Greeson with Garmley's husband Joe after he appeared on the scene and disrupted the investigation. Judge Cochran denied Garmley's allegations and further denied that he resigned because of them, instead offering up that he had resigned over warrants he had pre-signed for officers when he wasn't available during normal hours. Pre-signing warrants is a breach of judicial ethics; it would allow any officer to pick up a blank warrant with Cochran's signature and fill in the blanks to effect the arrest of search of a citizen without the judge's knowledge or any judicial oversight.

Michael Henderson, 41, a former captain with Murray County Sheriff Department pleaded guilty on March 27 to obstructing a civil rights investigation into allegations surrounding the "throw down" dope found under Mrs. Garmley's vehicle as well pleading guilty to a charge of tampering with a witness pending a civil rights investigation. He faces up to 20 years in prison with a fine up to $250,000.

Josh Greeson, 26, pleaded guilty on April 12 to similar charges after previously denying he had not been instructed by then-Captain Henderson to pull over Garmley's drug-laden car as she headed home. Greeson admitted to obstructing a pending public corruption and civil rights violations by tampering with a government witness -- Angela Garmley. Greeson also admitted to deleting text messages and call logs that he received on his phone from Henderson and Cochran on the night he stopped Garmley with the planted drugs.

As part of their plea deals, both Greeson and Henderson agreed to tell everything they knew about the set-up, as well as what Judge Cochran knew. The investigation continues. Judge Cochran has yet to be indicted on any criminal charges, and the same goes for the man known as C.J., who admitted to planting the drugs. But both are named in Garmley's civil suit.

The case has drawn howls of outrage from prosecutors, law enforcement, and defense attorneys alike.

"The criminal justice system is based on the premise that police officers must be honest and truthful above all," said Northern District of Georgia US Attorney Sally Quillian Yates. "Mr. Henderson and Mr. Greeson weren't, and such conduct cannot stand."

"We as taxpayers should all be horrified," said prominent Houston criminal defense lawyer Vivian King. King is host of a weekly court justice program called Truth & Justice. "We as taxpayers should hold our judges and law enforcement officers to a higher standard and if found guilty they should be punished. And the judge in this case should be disbarred."

"I never had fellow narcotics officers plant drugs, but usually when something like this happens, there is usually a woman somewhere in the mix," said retired Houston police narcotics officer Billy Williams, and the case of Judge Cochran was no exception. "So he abused his power for sex and a woman brought him down."

Henderson and Greer await sentencing, and Poston is urging them to sing like canaries.

"Under federal sentencing guidelines the only thing the deputies can do to help themselves is to tell everything they know about my client being framed with the drugs and that includes everything they know about the judge's involvement," he said. "I suspect there are more people involved or knew the dope was planted because Judge Cochran made several calls to the sheriff department about my client's vehicle having drugs inside."

In this case of lust, power, and justice perverted, the fat lady is yet to sing.

Chatsworth, GA
United States

CA Police Chase of Pot Car Ends in Fatal Crash

A Nevada man died Monday afternoon after his marijuana-laden car crashed during a high speed police pursuit on Interstate 80 in the Sierra Nevada Mountains. The as yet unnamed man becomes the 13th person to die in US domestic drug law enforcement operations so far this year.

According to KCRA TV, the California Highway Patrol began pursuing a BMW near Big Bend, and the chase lasted 20 minutes at speeds exceeding 100mph before the BMW driver lost control, his car went airborne, and containers and jars of marijuana went flying.

According to KCRA's reporter, Claire Doan, it was the transport of marijuana "which might have started this traffic nightmare on I-80."

In addition to the deceased driver of the BMW, two California Conservation Corps workers who were working on the side of the highway were also injured, with one of them suffering "major head injuries" and being transported by helicopter to a hospital in Sacramento.

Dutch Flat, CA
United States

Colorado Marijuana Commerce Bills Approved

The Colorado legislature Wednesday approved a pair of bills that will establish a regulated marijuana market for adults. The legislature was charged with doing so when voters approved the marijuana legalization Amendment 64 last November.

On the down side, the legislature earlier approved another bill, House Bill 1325, which would set a level of THC in the blood above which drivers would be presumed to be impaired. Drivers with 5 milligrams or more of THC per milliliter of blood would be considered to be impaired, but could challenge that presumption in court.

The marijuana regulation bills are House Bill 1317 and House Bill 1318. The former creates the framework for regulations governing marijuana retail sales, cultivation, and product manufacturing, while the latter enacts a 10% special sales tax (above and beyond standard sales taxes) and a 15% excise tax on wholesale sales.

Under Colorado law, the tax bill will have to be approved by voters in November. But three-quarters of Colorado voters support such pot taxation, according a Public Policy Polling survey.

"The adoption of these bills is a truly historic milestone and brings Colorado one step closer to establishing the world's first legal, regulated, and taxed marijuana market for adults," said Mason Tvert, director of communications for the Marijuana Policy Project, who served as an official proponent and campaign co-director for the ballot measure approved by Colorado voters in November. "Facilitating the shift from the failed policy of prohibition to a more sensible system of regulation has been a huge undertaking, and we applaud the many task force members, legislators, and others who have helped effect this change," Tvert said. "We are confident that this legislation will allow state and local officials to implement a comprehensive, robust, and sufficiently funded regulatory system that will effectively control marijuana in Colorado."

Look for an in-depth analysis of the new regulations coming soon.

Denver, CO
United States

Medical Marijuana Update

Rhode Island is set to see its first dispensary open next, Mendocino County faces down the feds, and more news from around the country. Let's get to it:

California

On Tuesday, the city of Concord banned outdoor grows. The "outdoor cultivation of medical marijuana" is banned by ordinance in order to properly "maintain and protect the public health, safety and welfare of the citizens of Concord." The ban came despite appeals from a number of residents to delay or defeat the ordinance. The vote was unanimous.

Also on Tuesday, Mendocino County officials announced they had reached agreement with federal prosecutors on limiting the feds' fishing expedition into the county's legal medical marijuana growers' program. No personal identifying information from the county's program will be released to US Attorney Melinda Haag. In October, Haag had demanded just about anything to do with the program -- names and locations of pot gardeners, county bank records, "any and all" legal correspondence, etc. The county fought back, hiring a San Francisco attorney to fight the federal subpoena. Now, the feds have backed down.

Also on Tuesday, Humboldt County supervisors okayed a Myrtletown dispensary. The Humboldt Collective had operated there, but had its permit revoked after a former director was arrested last year in Pennsylvania on marijuana trafficking charges. The new directors have made minor changes sought by the county, and now they have received permission to remain in business.

Florida

On Wednesday, activists were meeting with a key state senator in a bid to keep a medical marijuana bill alive. Senator Aaron Bean, chair of the Senate Health Policy Committee, has the bill, Senate Bill 1250, locked up in committee. No word yet on whether he has been moved to allow the bill to progress. The bill is also known as the Cathy Jordan Medical Cannabis Act, after a medical marijuana patient who was arrested along with her husband for growing her medicine. Charges against the couple were dropped last week.

Maine

On Friday and Saturday, dispensary workers rallied to protest working conditions. The workers' target was Wellness Connection of Maine, which operates four dispensaries in the state. Workers said it was ignoring their concerns about working conditions and refusing to recognize their union. Demonstrations took place in Hallowell Friday and Portland Saturday. Wellness Connection said it was committed to caring for its workers and doesn't object if they want to join a union.

Massachusetts

On Wednesday, state regulators were debating proposed state medical marijuana rules. One proposed rule would require dispensaries to test their products for contaminants. Americans for Safe Access is calling for state-licensed, independent labs that would not be at risk of federal sanctions because they would not test narcotics and other federally regulated drugs. The proposed rules also include state inspections of dispensaries "at any time without prior notice."

Michigan

Last Wednesday, the state Supreme Court said it would review the legality of a city ban on medical marijuana-related activities. The city of Wyoming had passed a zoning ordinance barring the use, manufacture, or cultivation of medical marijuana, and the court said it wants to review whether the ordinance is superseded by the state's voter-approved medical marijuana law. Significantly, the court also plans to consider if the state law is preempted by a federal law that makes marijuana use illegal.

Montana

Last Friday, a drugged driving bill that could affect patients was signed into law. The bill creates a 5 nanogram per milliliter per se drugged driving level for THC. In addition to the penalties for drugged driving, if convicted under the law, patients would face revocation of their state registry identification card.

New Jersey

On Tuesday, Gov. Chris Christie proposed $1.6 million for the state's medical marijuana program in his state budget. That's more than twice the current spending level. The budget assumes that more dispensaries will open next year. So far, only one out of the six authorized by the state is actually in operation. But patient advocates said a greater budget wouldn't help patients until onerous regulations imposed by the Christie administration are revised.

Oregon

On Tuesday, a bill allowing medical marijuana for PTSD passed the Senate Judiciary Committee. Senate Bill 281 now moves to the Senate floor. Currently, medical marijuana is currently allowed for patients with certain debilitating medical conditions such as cancer, glaucoma, Alzheimer's disease, HIV and AIDS. The bill would add PTSD to the list.

Rhode Island

Last Thursday, what will be the state's first dispensary got its license. The Thomas C. Slater Compassion Center is now set to open April 19.

West Virginia Bill Would Drug Test Teens for Driver Licenses

A bill introduced Tuesday in the West Virginia House of Delegates would require prospective teen drivers to pass three separate drug tests before receiving a full drivers' license. It's only the latest drug testing proposal to emerge at the statehouse in Charleston this year.

teen driving lesson
Introduced by Del. Joe Ellington (R-Mercer), House Bill 2528 would require teens to "pass a drug test designed to detect illegal consumption of controlled substances" before getting a learner's permit, before getting an intermediate license, and before getting a full license.

"So the goal was: they really want to get that driver's license -- their incentive would be to not use anything and maybe not bow down to peer pressure to succumb to drug use," Ellington explained to WSAZ News Channel 3 in Charleston Tuesday night.

Ellington, an obstetrician, is the minority chair of the Health Committee and member of the Roads and Transportation Committee, where the bill has been referred.

Charleston has been a hotbed of drug testing fever in recent years, which have repeatedly seen bills introduced that would require drug testing of welfare recipients. There's another one this year, as well as bills that would expand drug testing of coal miners and require health care providers to release drug testing records of minors to their parents.

It's not just Republicans at the statehouse. Last year, Gov. Earl Ray Tomblin (D) issued an executive order requiring participants in the state's job training programs to undergo mandatory, suspicionless drug testing.

The enthusiasm for drug testing in Charleston remains despite the sobering results of Tomblin's job trainee drug testing. The first six months of testing resulted in just five failed tests out of 562.

Charleston, WV
United States

US Supreme Court Upholds Drug Dog Search of Truck

The US Supreme Court Tuesday upheld the use of police dog's sniff of a truck, finding that training and testing records were sufficient indicators of the dog's reliability and gave police probable cause for the search. The high court in 2005 upheld the legality of highway drug dog searches; in this case, the court focused on the reliability of drug dog searches.

In deciding the case, the high court reversed a decision from the Florida Supreme Court. The Florida court had held that a wide array of evidence was necessary to establish probable cause for the search, including field performance records that would indicate how many times the dog had falsely alerted. Without such records, the Florida court held, police could not establish probable cause.

Tuesday's ruling came in Florida v. Harris, in which Clayton Harris had been pulled over by a police officer in Liberty County in 2006. The drug dog, Aldo, alerted to the truck's door handle, the officer searched the truck, and methamphetamine precursor chemicals were found. Clayton was arrested on meth-related charges.

Harris was again pulled over by the same officer while out on bail, and Aldo again alerted on his vehicle. This time the vehicle search came up empty. Harris's attorneys challenged Aldo's reliability in part because of this second alert that turned up nothing. The Florida Supreme Court agreed with their argument that the dog's performance in the field needed to be assessed in order to determine probable cause for the search.

But not the US Supreme Court. It unanimously reversed the decision.

A drug dog's "satisfactory performance" in a certification or training program provided sufficient probable cause to trust its alert, Justice Elena Kagan wrote for the majority. "The question -- similar to every inquiry into probable cause -- is whether all the facts surrounding a dog's alert, viewed through the lens of common sense, would make a reasonably prudent person think that a search would reveal contraband or evidence of a crime," Kagan wrote. "A sniff is up to snuff when it meets that test."

The case is one of two Florida drug dog cases before the Supreme Court this session. In the other, the high court takes up the question of whether a drug dog can sniff the front doorstep of a home without a search warrant. The Supreme Court has upheld drug dog searches of vehicles on the highway and packages at delivery service warehouses, but in other cases has shown greater deference to Fourth Amendment requirements at residences.

Washington, DC
United States

AZ Court Says You Don't Have to Be High to Get a DUI

An Arizona appeals court has ruled that marijuana users don't need to be actually impaired to be successfully prosecuted for driving under the influence. The ruling came Tuesday in the case of a man who tested positive for an inactive marijuana metabolite that remains in the body for weeks after the high from smoking marijuana has worn off.

The ruling in Arizona v. Shilgevorkyan overturned a decision by a superior court judge who said that it didn't make sense to prosecute people for driving under the influence if they're not actually under the influence.

The ruling turned on a close reading of legislative intent in writing the state's DUID law. The legislation specified the presence of "the metabolite" of THC, and Shilgevorkyan had argued that lawmakers meant "hydroxy-THC, the metabolite which would indicate current impairment, not carboxy-THC, an inactive metabolite that indicates only usage some time in the past.

The appeals court disagreed, citing its decisions on earlier challenges to the DUID. "The legislature intended to create a 'per se prohibition' and a 'flat ban on driving with any proscribed drug in one's system," the court noted. "We determined that the legislative ban extends to all substances, whether capable of causing impairment or not."

Because the law was drafted to protect public safety, the appeals court said, it should be interpreted broadly to include inactive as well as active compounds.

But Superior Court Commissioner Myra Harris, who had ruled on Shilgevorkyan's behalf, warned in her earlier opinion that the appeals court's interpretation of the law would result in people, including out of state medical marijuana patients, being charged with DUI when they are not impaired.

"Residents of these states, particularly those geographically near Arizona, are likely to travel to Arizona," Harris said in her 2012 ruling upholding the dismissal. "It would be irrational for Arizona to prosecute a defendant for an act that might have occurred outside of Arizona several weeks earlier."

Shilgevorkyan's attorney said he plans to appeal to the state Supreme Court.

Phoenix, AZ
United States

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.

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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

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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://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.

Florida Must Pay Attorney Fees in Employee Drug Test Lawsuit

A federal judge has ordered the state of Florida to pay more than $190,000 in attorneys' fees in a case challenging an executive order ordering suspicionless drug testing of state employees issued last year by Gov. Rick Scott (R). Those taxpayer funds have now been lost to Scott's chimeric crusade to impose drug testing on various fronts.

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Gov. Scott's controversial lawmaking has already cost Florida a million in legal fees.
Last Friday, US District Court Judge Ursula Ungaro ordered the state to pay attorneys' fees to the American Federation of State, County, and Municipal Employees (AFSCME) Local 79, which filed suit to block the executive order in May 2011. The union is the plaintiff in the suit challenging Scott's ability to randomly test workers in state agencies.

A report by the Orlando Sentinel found that the state has now incurred over a million dollars in legal bills for controversial legislation pushed by the governor.

Judge Ungaro had ruled that Scott's executive order was unconstitutional back in April, saying the governor did not show a "compelling need" to impose drug testing. Scott has appealed to the 11th US Circuit Court of Appeals.

Scott's drug testing plan has never been implemented except among some employees of the Department of Corrections. He put it on hold because of the legal challenge.

Another of Scott's pet projects, the mandatory suspicionless drug testing of welfare applicants and recipients has also been so far stymied in the federal courts. In that case, a federal judge issued a temporary injunction blocking implementation amid strong hints she would eventually rule that the practice was unconstitutional.

Meanwhile, despite the legal roadblocks -- and financial costs to taxpayers of fighting them -- Scott and the legislature last year passed another bill, House Bill 1205, which would allow, but not require, state agencies to conduct random suspicionless drug testing of state workers. That law, too, is on hold as it faces challenges in the federal courts.

FL
United States

Marijuana Is Now Legal in Colorado! [FEATURE]

And then there were two. On Monday, December 10, 2012, Colorado Gov. John Hickenlooper signed an executive order certifying last month's Amendment 64 victory and legalizing the use, possession, and limited cultivation of marijuana by adults 21 and over.

Colorado now joins Washington as states where voters approved marijuana legalization last month and where the will of the voters has now become law. In both states, it is only the possession (and cultivation in Colorado) parts of the new laws that are now in effect. Officials in Denver and Olympia have a matter of some months to craft and enact regulatory schemes for commercial marijuana cultivation and distribution -- provided the federal government does not seek to block them from doing so.

While the federal government may seek to block implementation of regulations, it cannot make the two states recriminalize marijuana possession. And the states have no obligation to enforce federal marijuana laws.

In both states, however, it remains illegal to sell marijuana or cultivate it commercially pending the enactment of regulatory schemes. Still, pot possession is now legal in Washington and Colorado.

"Voters were loud and clear on Election Day," Hickenlooper wrote. "We will begin working immediately with the General Assembly and state agencies to implement Amendment 64."

In addition to the executive order certifying the election results, Hickenlooper also signed an executive order establishing a 24-person task force charged with coming up with a way to implement Amendment 64's taxation and regulation provisions. The task force consists of government officials and other stakeholders, including representatives of medical marijuana patients, producers, and non-medical consumers, and will make recommendations to the legislature on how to establish a commercial marijuana market.

"All stakeholders share an interest in creating efficient and effective regulations that provide for the responsible development of the new marijuana laws," the executive order said. "As such, there is a need to create a task force through which we can coordinate and create a regulatory structure that promotes the health and safety of the people of Colorado."

Issues that will be addressed include: the need to amend current state and local laws regarding the possession, sale, distribution or transfer of marijuana and marijuana products to conform them to Amendment 64's decriminalization provisions; the need for new regulations for such things as security requirements for marijuana establishments and for labeling requirements; education regarding long-term health effects of marijuana use and harmful effects of marijuana use by those under the age of 18; and the impact of Amendment 64 on employers and employees and the Colorado economy.

The task force will also work to reconcile Colorado and federal laws such that the new laws and regulations do not subject Colorado state and local governments and state and local government employees to prosecution by the federal government.

"Task force members are charged with finding practical and pragmatic solutions to the challenges of implementing Amendment 64 while at all times respecting the diverse perspectives that each member will bring to the work of the task force," the executive order emphasized. "The task force shall respect the will of the voters of Colorado and shall not engage in a debate of the merits of marijuana legalization or Amendment 64."

Marijuana legalization supporters cheered the issuance of the executive orders.

"This is a truly historic day. From this day forward, adults in Colorado will no longer be punished for the simple use and possession of marijuana. We applaud Gov. Hickenlooper for issuing this declaration in a timely fashion, so that adult possession arrests end across the state immediately," said Mason Tvert, one of the two official proponents for Amendment 64 and newly appointed communications director for the Marijuana Policy Project.

"We look forward to working with the governor's office and many other stakeholders on the implementation of Amendment 64," Tvert continued. "We are certain that this will be a successful endeavor, and Colorado will become a model for other states to follow."

Not everyone was as thrilled as Tvert. Both US Attorney for Colorado John Walsh and Colorado State Patrol James Wolfinbarger issued statements Monday warning respectively that marijuana is still illegal under federal law and that driving while impaired by marijuana is still a crime.

"The Department of Justice is reviewing the legalization initiatives recently passed in Colorado and Washington state," Walsh said in his statement. "The Department's responsibility to enforce the Controlled Substances Act remains unchanged. Neither states nor the executive branch can nullify a statute passed by Congress. In enacting the Controlled Substances Act, Congress determined that marijuana is a Schedule I controlled substance. Regardless of any changes in state law, including the change that will go into effect on December 10th in Colorado, growing, selling or possessing any amount of marijuana remains illegal under federal law. Members of the public are also advised to remember that it remains against federal law to bring any amount of marijuana onto federal property, including all federal buildings, national parks and forests, military installations, and courthouses."

"The Colorado State Patrol would like to remind motorists that if you chose to consume marijuana and make the decision to drive that you are taking a huge risk," Wolfinbarger said. "Drivers must realize that if you are stopped by law enforcement officials and it is determined that your ability to operate a motor vehicle has been affected to the slightest degree by drugs or alcohol or both, you may be arrested and subjected to prosecution under Colorado's DUI/DUID laws. It is imperative that everyone takes responsibility for public safety when driving on Colorado's highways."

While the implementation of regulations for marijuana commerce in Colorado and Washington is by no means assured, the legalization of pot possession in the two states is a done deal. And with it, a huge hole has been blown through the wall of marijuana prohibition. Since the election last month, public opinion polls have shown increasing support -- and in three out of four cases, majority support -- for marijuana legalization, as well as little patience for federal interference in states that have legalized.

Marijuana prohibition may not be dead yet, but voters in Colorado and Washington have delivered a mortal blow. The clock is ticking.

Denver, CO
United States

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