Race

RSS Feed for this category

Blacks Targeted in Wasteful War on Marijuana, ACLU Finds

Black Americans are nearly four times more likely to get busted for marijuana possession than white ones, even though both groups smoke pot at roughly comparable rates, the ACLU said in a report released Tuesday. The report, "The War on Marijuana in Black and White: Billions of Dollars Wasted on Racially Biased Arrests," is based on the annual FBI Uniform Crime Report and US Census Bureau Data.

Blacks are 3.7 times more likely to get busted for marijuana possession than whites. (aclu.org/marijuana)
The disparity in arrest rates is startlingly consistent, the report found. In more than 96% of the counties covered in the report, blacks were arrested at higher rates than whites. Racial disparities in pot busts came in large counties and small, urban and rural, wealthy and poor, with large black populations and with small ones.

In some counties, the disparity rose to 15 times more likely, and in the Upper Midwest states of Illinois, Iowa, and Minnesota, blacks were eight times more likely to be arrested for pot possession than whites. Nationwide, blacks were 3.73 times more likely to get arrested for marijuana than whites.

And it's getting worse, not better. The report found that even though the racial disparities in marijuana arrests existed 10 years ago, they have increased in 38 states and the District of Columbia.

"The war on marijuana has disproportionately been a war on people of color," said Ezekiel Edwards, director of the ACLU Criminal Law Reform Project and one of the primary authors of the report. "State and local governments have aggressively enforced marijuana laws selectively against black people and communities, needlessly ensnaring hundreds of thousands of people in the criminal justice system at tremendous human and financial cost."

In budgetary terms, that cost to the states was $3.61 billion in 2010 alone, the report found. During the decade the report studied, despite aggressive enforcement and rising marijuana arrest rates, all those arrests failed to stop or even diminish the use of marijuana, and support for its legalization only increased.

"The aggressive policing of marijuana is time-consuming, costly, racially biased, and doesn't work," said Edwards. "These arrests have a significant detrimental impact on people's lives, as well as on the communities in which they live. When people are arrested for possessing even tiny amounts of marijuana, they can be disqualified from public housing or student financial aid, lose or find it more difficult to obtain employment, lose custody of their child, or be deported."

The report recommends legalizing, taxing, and regulating marijuana, which it said would eliminate racially-targeted selective enforcement of marijuana laws, save the billions of dollars spent on enforcing pot prohibition, and raise badly needed revenues by taxation. If legalization is not doable, then decriminalization, and if not decriminalization, then lowest prioritization.

The ACLU also calls in the report for reforms in policing practices, including not only ending racial profiling, but also constitutionally-suspect stop-and-frisk searches, such as those embraced with such gusto by the NYPD in New York City. It also crucially recommends reforming federal law enforcement funding streams, such as the Edward Byrne Justice Assistance Grant Program, that encourage police to make low-level drug busts by using performance measures that reward such arrests at the expense of other measures.

Federal Appeals Court Panel Extends Crack Sentencing Retroactivity

In a Friday decision, a three-judge panel of the US 6th Circuit Court of Appeals in Cincinnati held that the provisions of the 2010 Fair Sentencing Act that reduced the sentencing disparity between crack and powder cocaine offenses should apply to people convicted even before the law was passed. If upheld, the ruling could reduce the sentences of thousands of inmates, mostly black, who were sentenced under the draconian old laws.

The case was US v. Cornelius and Jarreous Blewitt, in which the Blewitt cousins were convicted in 2005 of federal crack cocaine charges and sentenced to mandatory minimum prison sentences. The Blewitts appealed their sentences, citing the Fair Sentencing Act's impact on crack cocaine sentencing, and seeking retroactive sentencing in line with the act.

Even though the Fair Sentencing Act had reduced the 100:1 ratio between crack and powder cocaine for sentencing purposes to 18:1, "thousands of inmates, most black, languish in prison under the old, discredited ratio because the Fair Sentencing Act was not made explicitly retroactive by Congress," the court noted.

"In this case, we hold that the federal judicial perpetuation of the racially discriminatory mandatory minimum crack sentences for those defendants sentenced under the old crack sentencing law, as the government advocates, would violate the Equal Protection Clause, as incorporated into the Fifth Amendment," the court wrote, noting that the Fifth Amendment forbids federal racial discrimination in the same way as the Fourteenth Amendment forbids state racial discrimination.

The US Supreme Court had already approved sentencing retroactivity for crack offenders who were charged before the Fair Sentencing Act went into effect but sentenced after it in Dorsey v. US, but this decision from the 6th Circuit dramatically expands the impact of the Fair Sentencing Act's sentencing reductions by applying it to all federal crack cocaine offenders.

[Ed: Whether the ruling will survive the scrutiny of the 6th Circuit en banc or the US Supreme Court, if it gets that far, remains to be seen.]

Cincinnati, OH
United States

CA Lt. Gov. Newsom Calls for Legalizing Marijuana

At the California Democratic Party convention in Sacramento Saturday, Lt. Gov. Gavin Newsom called for marijuana legalization and described the war on drugs as "an abject failure." (Watch the speech here.)

Gavin Newsom
The famously well-coiffed former San Francisco mayor is one of the key contenders for the Democratic Party gubernatorial nomination in 2014 -- if Gov. Jerry Brown (D) decides not to run again. The other leading contender is state Attorney General Kamala Harris, who did not broach the topic in her convention address.

"It's time to decriminalize, tax, and regulate marijuana," Newsom said to raucous cheers and applause. "In 2011 alone in this country, three quarters of a million people in the United States were arrested for marijuana law violations, 87% of them for simple possession. And listen to me closely on this -- African-American children are ten times more likely to get arrested for drug crimes than their white counterparts even though white children are more likely to abuse drugs."

"You can't make this up," Newsom said. "We send a higher percentage of African American males to prison and jail in this country than we send to colleges and universities in California. After 42 years of failure, I think it's time we concede that if we continue to do what we've done, we'll continue to get what we've got. I think you and we deserve better. It's about standing up on principle, having the courage of our convictions, about saying publicly all too often what we say privately."

The lieutenant governor's speech wasn't all high seriousness. Jokingly referring to his role as acting governor while Brown is on an overseas trip, he said, "I'm thrilled to be here… on the sixth day of the Newsom administration," he said. "This is the right time and the appropriate time to reflect on our cornucopia of landmark accomplishments over these magical six days." Among those was the creation of hundreds of new jobs, "notably in the now-booming hair gel industry," he said, patting his hair.

"All of these wonderful achievements will one day be studied by scholars at the Newsom Acting Governor Library, currently being constructed in the back of a medical marijuana dispensary in the Haight-Ashbury," he said to laughter and applause. "I'm looking forward to it as well," Newsom said, smiling.

Sacramento, CA
United States

As NYC Pot Busts Continue, New York Punts on Marijuana Reform

People -- almost all of them young people of color -- are being arrested at the rate of a thousand a week in New York City for marijuana possession "in public view," but although a legislative fix was in sight this week, the state's political establishment couldn't come to an agreement on it. Instead, the legislature is going on vacation.

The New York City "in public view" arrests violate the spirit of the Empire State's 1977 marijuana decriminalization law, which made possession of small amounts of marijuana a civil offense, not a criminal one. They typically occur when the NYPD stops and frisks someone, then either reaches into his pockets or belongings or intimidates the detainee into pulling out his biggie himself and then charges him with the criminal misdemeanor of possession "in public view."

Through-out the legislative session, Gov. Andrew Cuomo (D) and Senate and Assembly leaders talked about fixing the situation as part of the budget process. During his State of the State address, Cuomo had called for decriminalizing the possession of up to 15 grams "in public view," but with smoking in public remaining a misdemeanor. But on Thursday, Cuomo and the legislative leadership announced they had reached a final deal on the budget, one that didn't include marijuana law reform.

That doesn't mean decriminalization reform is dead this year -- the session will resume after a three-week hiatus -- but it is certainly delayed and possibly derailed without having the impetus of the budget agreement behind it. In either case, legislators and community activists blasted the leadership for punting on the issue while the arrests (and the costs) mount by the day.

"I am gravely disappointed that this budget failed to enact justice for the more than 44,000 individuals arrested last year based on a flawed law. Not only does allowing these arrests directly impact the lives of individuals and their communities, they are a gross misappropriation of city and state resources, and a waste of officer manpower that can be spent on more pressing law enforcement matters," said Assemblyman Karim Camara, Chair of the New York State Black, Puerto Rican, Hispanic and Asian Legislative Caucus. "Changing this flawed law has the support of Mayor Michael Bloomberg, NYC Police Commissioner Kelly, the District Attorneys of the five boroughs, and Buffalo and Nassau and Albany counties, the Police Benevolent Association and major law enforcement agencies throughout the state. Yet politics trumped the policy that would be best for New York City and our state."

"This is an issue that cannot wait. Our tens of thousands of youth arrested annually under unfair practices shouldn't have to wait," said Assemblymember Robert Rodriguez. "They deserve better -- they deserve justice and equality. And they deserve it now. We need to end this policy that has plagued our communities for too long  and make public view possession a violation."

"Why is it acceptable to kick the can down the road when it comes to protecting the constitutional rights of young Black and Latino New Yorkers?" asked Alfredo Carrasquillo, civil rights community organizer for VOCAL-NY. "Getting this done is a test for the political leadership in Albany that right now they are failing. It's time to stop delaying justice when it comes to ending racially biased and costly marijuana arrests."

Since 2002, nearly 500,000 thousand people have been arrested in New York  for marijuana possession -- the vast majority of those arrests, 440,000, took place in New York City. Last year alone in the city, there were nearly 40,000 such arrests, far exceeding the total marijuana arrests in the city between 1981 and 1995. The cost to taxpayers is $75 million a year, and over $600 million in the last decade. A report released earlier this week found that the NYPD had spent one million hours making these arrests over the past decade.

"Behind the one million police hours spent arresting young Black and Latino men is the shameful truth of 21st Century racism. These are unlawful, racially biased arrests, plain and simple. We need our elected officials to stand up for civil rights for all people" said Chino Hardin, Field Coordinator and Trainer with the Center for NuLeadership on Urban Solutions.

Albany, NY
United States

NYPD Facing Double-Barreled Challenge to Marijuana Practices [FEATURE]

There has been a double-barreled challenge this week to the NYPD and its heavy-handed policing. On the one hand, the department and the city are being sued in federal court over their stop-and-frisk program, which is aimed predominantly at young men of color. On the other, the NYPD is facing the glare of publicity over a new report that contends it has wasted as much as a million man-hours over the past ten years arresting low-level marijuana offenders.

March 2012 protest of NYC stop and frisk violations
Under the stop-and-frisk program, which the city touts as a crime-fighting effort, more than 531,000 people were stopped last year and nearly five million in the past decade. Some were stopped only for questioning, some had their bags or backpacks searched, some were subjected to full pat-down searches. Only 10% of those stops resulted in arrests -- including arrests for public marijuana possession after police tricked or intimidated people into pulling out their baggies (possession is otherwise decriminalized in the state) -- and only a tiny number resulted in the seizure of weapons.

The massive number of annual stop-and-frisks, five times the number a couple of decades ago, raises questions itself. But who is being stopped-and-frisked is raising even more questions and concerns. While blacks make up a quarter of the city's population, they accounted for 51% of all stop-and-frisk encounters, being stopped at a rate twice what would be expected with color-blind enforcement. Whites, on the other hand, make up 44% of the population, but accounted for only 11% of stop-and-frisk encounters.

Many of the stop-and-frisks are illegal and the enforcement is racially biased, argued attorneys in the class action lawsuit in federal court this week. In the case, which began Monday, attorneys for the plaintiffs -- people who were subjected to stop-and-frisk searches -- are seeking a court-appointed monitor to oversee changes in police practices.

They are not seeking to ban stop-and-frisk searches because they have been found legal. But US District Court Judge Shira Scheindlin, who has expressed deep concerns over the tactic in previous rulings, could order reforms. The trial could last for up to a month.

NYPD is doing illegal stops and must reform its practices, said Center for Constitutional Rights attorney Darius Charney, who is representing the plaintiffs. The stops are "arbitrary, unnecessary, and unconstitutional" and a "frightening and degrading experience" for "thousands, if not millions" of New Yorkers, Charney argued. He said plaintiffs will present "powerful testimonial and statistical evidence" that residents are stopped for no good reason.

On Monday, the first plaintiff witnesses took the stand. Devin Almonor, 16, the son of a police officer, testified that he was stopped when he was 13, handcuffed and thrown against an unmarked police car as he made his way home. David Floyd, now a 33-year-old medical student, testified that he was stopped twice without cause.

Attorneys for the city responded that in a city that large, large numbers of stop-and-frisks should not be unexpected and that the NYPD went where the crime was.

"The New York Police Department is fully committed to policing within the boundaries of the law," said Heidi Grossman, an attorney for the city. "Crime is not distributed evenly across the city. Police are given an awesome responsibility, one of which is to bring crime down and keep people safe."

Given those awesome responsibilities, a new report from the Drug Policy Alliance and the Marijuana Arrest Research Project is raising eyebrows. The report's main finding is clear from its title: One Million Police Hours: Making 440,000 Marijuana Possession Arrests in New York City, 2002-2012. The report was authored by CUNY sociology professor Dr. Harry Levine, an expert on marijuana possession arrests, at the request of members of the city council and the state legislature.

While marijuana possession offenders typically faced only fines once they had their day in court, the report found that the arrests themselves inflicted immediate pain. Those 440,000 arrests resulted in five million hours of police custody, an average of more than 10 hours per person of being held in the city's notorious holding cells, often overnight.

"We cannot afford to continue arresting tens of thousands of youth every year for low-level marijuana possession," said Alfredo Carrasquillo, civil rights organizer with VOCAL-NY. "We can't afford it in terms of the negative effect it has on the future prospects of our youth and we can't afford in terms of police hours. It's shocking that the same mayor who has been taking money away from youth programs and cutting other social services, is wasting tens of millions of dollars locking youth up through the NYPD's marijuana arrests crusade. We need legislative action to fix this madness."

"This report shows that people arrested for marijuana possession spend an average of 12-18 hours, just in police custody, and the vast majority of those arrested are young Black and Latino men from seven to ten neighborhoods in NYC," said Chino Hardin, field coordinator and trainer with the Center for NuLeadership on Urban Solutions. "This is not just a crisis, but a frontline civil rights issue facing urban communities of color in the 21st century. We are calling on Governor Cuomo to do the right thing, and exercise the moral and political will to address this injustice."

While Mayor Bloomberg and Police Commissioner Raymond Kelly last fall announced changes it how the NYPD processes marijuana arrests and the number of pot possession busts have begun to decline slightly, advocates are calling on the legislature and the governor to change the state's 1977 decriminalization law to remove law enforcement's "in public view" loophole, the provision NYPD has used to great effect.

"For years, New Yorkers from across the state have organized and marched and rallied, demanding an end to these outrageous arrests. And now we learn that the police have squandered one million hours to make racially biased, costly, and unlawful marijuana possession arrests. This is scandalous," said Gabriel Sayegh, New York state director for the Drug Policy Alliance. "I’m sure we can all think of more effective things for the police to spend their time on -- imagine if NYPD committed one million hours to working with communities to stop gun violence or to pursue unsolved serious crimes. We stand with the caucus and other leaders in Albany -- both Democrats and Republicans -- in demanding reform. The hour of change is upon us, and reform is long, long overdue."

Whether it is the massive stop-and-frisk policing program or the practice of turning marijuana possession tickets into misdemeanor arrests complete with post-booking jail time and criminal records, NYPD is coming under increasing scrutiny and criticism..

New York City, NY
United States

Bloomberg Says No More Jail Stays for Minor NYC Marijuana Busts

In his final state of the city address Thursday, New York City Mayor Michael Bloomberg announced that people caught with small amounts of marijuana in the city will no longer be subjected to overnight stays in the city's jails, but will merely be taken to the precinct for a desk appearance and then released.

New York Mayor Michael Bloomberg (wikimedia.org)
The move is in response to increasingly loud criticism of the city's extremely high marijuana arrest rates, which are taking place despite New York state having decriminalized pot possession more than three decades ago. The NYPD managed to get its pound of flesh from marijuana users by intimidating them into removing baggies from their pockets, then charging them with the misdemeanor of public possession of marijuana, not the infraction of simple possession, and then making them sit in holding cells for up to 24 hours.

During Bloomberg's 10-year tenure as mayor, more than 400,000 people have been arrested on pot possession charges, nearly 350,000 of them young men of color. That number has begun to decline in recent months as police have modified their practices under pressure.

"We know that there's more we can do to keep New Yorkers, particularly young men, from ending up with a criminal record," Bloomberg said. "Commissioner Kelly and I support Governor Cuomo's proposal to make possession of small amounts of marijuana a violation, rather than a misdemeanor, and we'll work to help him pass it this year. But we won't wait for that to happen," he said.

"Right now, those arrested for possessing small amounts of marijuana are often held in custody overnight. We're changing that. Effective next month, anyone presenting an ID and clearing a warrant check will be released directly from the precinct with a desk appearance ticket to return to court. It's consistent with the law, it's the right thing to do, and it will allow us to target police resources where they're needed most."

Drug reform and civil rights activists said it was a step in the right direction, but a small one.

"Mayor Bloomberg stopped defending the indefensible and now recognizes that we cannot afford to criminalize youth of color for carrying small amounts of marijuana," said Alredo Carrasquillo, a community organizer with VOCAL-NY. "But being 'consistent with the law' means more than just issuing desk appearance tickets instead of putting people in jail. Most people targeted for these arrests only produce marijuana in plain view after being illegally searched during stop, question and frisk encounters with police. Mayor Bloomberg's support for marijuana reform is a step in the right direction but does not solve the fundamental problems with the NYPD's policing strategies."

"We agree with the mayor that there's more we can do keep New Yorkers, especially young people of color, from ending up with a criminal record," said Kyung Ji Rhee, the juvenile justice director for the Center for NuLeadership. "For instance, the mayor can direct Commissioner Kelly to immediately cease and desist NYPD’s broken 'stop and frisk' program. We must stop these mass arrests and criminalizing people for simply possessing small amounts of marijuana. And we can get the police out of our schools to end the 'schools to prison' pipeline."

"This new policy is a step in the right direction -- and it's the direct result of the ongoing campaign led by community groups in New York to end these racially biased, unpopular, unjust and expensive arrests," said Gabriel Sayegh, New York state director for the Drug Policy Alliance. "Marijuana possession is the number one arrest in New York City and with this new policy change, tens of thousands of people, mostly young men of color, will no longer be held in jail overnight on for possessing small amounts of marijuana. But the arrests themselves need to end -- period. Now the legislature must act -- immediately -- to pass Gov. Cuomo's marijuana decriminalization bill. Every reasonable New Yorker supports the measure. Reform is long, long overdue."

New York City, NY
United States

Look Out, New York, It's Credico For Mayor! [FEATURE]

New York City has earned itself the sobriquet of Marijuana Arrest Capital of the World, with tens of thousands of minor pot possession arrests every year -- mostly of young men of color -- generated in good part by the city's equally infamous stop-and-frisk policing, again aimed primarily at the city's young and non-white residents. There's a man running an outsider campaign for the mayor's office there this year who wants to end all that.

Randy Credico during 2010 Senate campaign
Veteran Big Apple civil rights, social justice, Occupy Wall Street (OWS), and drug reform activist Randy Credico, who also doubles as a professional comedian, is mounting an insurgent campaign for the Democratic Party mayoral nomination, and he wants to end the city's drug war and a whole lot more, and he wants to do it now.

The inventively funny, yet deadly serious, agitprop artist has an ambitious 17-point program for his first day in office, with promises that range from going after "the biggest criminals in our city" -- the Wall Street bankers -- and reforming the city's tax code to favor the poor to rolling back privatization of city schools and reforming various city agencies.

But just beneath banksters and taxes is a vow to begin reining in the NYPD by firing Police Commissioner Ray Kelly (to be replaced with Frank Serpico) and "abolishing the NYPD’s unconstitutional policies of racial profiling, stop and frisk, domestic spying, entrapment, and its infamous (albeit unadmitted) 'quota system.'"

Central to that policing reform plank, Credico says, is reclassifying the smoking and carrying of marijuana as no longer an arrestable offense. He also vows to fire any officer who lies or perjures himself on the stand, and to bar the use of "no-knock" warrants and stun grenades "except in the case of legitimate terrorist attack."

And he wants to replace the city's Special Narcotics Office with a Harm Reduction Office, whose leadership he has offered to Drug Policy Alliance head Ethan Nadelmann. He also vows to shut down the Rikers Island prison and turn it into a treatment center and education facility with a state of the art library, and to nominate law professor Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Color-blindness, to run it.

That's quite a tall order for a first day in office, but Credico says he's up for it.

"I plan to stay up for 24 hours and get all that stuff done," he told the Chronicle.

Of course, first he has to win the Democratic Party nomination and then win the general election, and that's a pretty tall order, too. There is a bevy of candidates (polling data at the link as well) running for a shot at the prestigious post, and he is facing stiff establishment opposition in the primary, most notably from Public Advocate Bill de Blasio and the as yet officially undeclared city council Speaker Christine Quinn, who leads the other Democrats in early polls, but is in a close race with "undecided."

The Republican race includes a handful of announced or potential candidates led by former Metropolitan Transit Authority head Joseph Lhota (who still trails "undecided" by a large margin) and NYPD Commissioner Ray Kelly, who is as yet unannounced. The Libertarians may also field a candidate this year, possibly former "Manhattan madam" and gubernatorial candidate Kristin Davis, and we can't forget the Rent Is Too Damn High Party, either.

"The GOP has a rich guy who just jumped in, and the Democrats have a six-pack of hacks, all getting money from the real estate interests and Wall Street and none of whom will talk about the issues," Credico explained. "The Democrats are all doing the Schumer act -- just talking about the middle class, not the poor, the homeless, the division between the rich and poor, not about drug policy. This city is virtually a police state right now."

Credico has a remedy for that: Elect him.

"I will get rid of Police Commissioner Ray Kelly, who is a combination of J. Edgar Hoover and Joseph Fouche, Napoleon's dreaded head of the secret police. Everyone is afraid of him. He's got the Red Squads going; they were infiltrating groups at Occupy Wall Street. Kelly is doing all these joint operations with the feds under the guise of fighting terrorism, and this city is crawling with undercover cops -- FBI, DEA, AFT, all running joint task forces with the NYPD. They've foiled 14 plots, all hatched by the NYPD. Ray Kelly has way too much power," the veteran activist said flatly.

"There is a lot of money not only in the prison industrial complex, but also the police industrial complex," Credico noted. "They have asset forfeiture and lots of new schemes, tons of undercover agents, who are really there to beat up on the black community. They infiltrate, demonize, and destroy lives, and this has to stop."

Credico has been active in the Occupy Wall Street moving, having been arrested five times by the NYPD, but before that, he was active in the city's minority communities for years, working to reform the Rockefeller drug laws with the William Moses Kunstler Fund for Racial Justice (in between stints flying out to Tulia, Texas, to deal with the bogus mass arrests of black men on drug charges there), and fighting stop-and-frisk. He currently is taking time out of his days to attend hearings in the criminal trial of the NYPD officer who shot and killed unarmed 18-year-old Ramarley Graham in his own bathroom as he was flushing a bag of weed down the toilet.

"I go to every one of the court dates and sit right next to his mother," he said. "This cop invaded Ramarley's house and shot him in the head for weed, but it's not an isolated incident. No cops go to jail for killing a black person, but a spit on a cop and you can go to jail for years. This is just one cop -- and he's like the Lt. Calley of the NYPD. [Editor's Note: Calley was the sole US Army officer convicted of a crime in the Vietnam War My Lai massacre.] It's not an isolated incident; it's the policy, the same policy that killed Ramarley Graham and Sean Bell and Amador Diallou. So many people have been killed by the NYPD, and it's not just the guys on the street; it's a brutal force."

Marijuana could also be a wedge issue for him, Credico said.

"I'm a committed pot smoker, and I think it should be legal, and I'm the only candidate saying it should be legal. Of course, it's up to the state legislature to do that, but I would direct the NYPD not to enforce those laws and particularly not to arrest anyone."

Under current state law, pot possession is decriminalized, but beginning with Mayor Rudy Giuliani, the NYPD had a policy of turning what should have been tickets for possession into misdemeanors by either reaching in someone's pocket and removing the baggie or intimidating the person into revealing it himself, thus elevating the offense from an infraction to the misdemeanor of "public possession." Under increasing pressure over the tactic, Commissioner Kelly last year issued an order for it to stop, and arrests have declined somewhat, but still remain at unacceptably high levels.

In 2011, there were some 50,000 marijuana possession arrests in the city, nearly 80% of them of people of color. Nearly one-quarter (12,000) were youth aged 16 to 19, and of those, 94% had no prior criminal records.

And it's not just marijuana, Credico said.

"There should be no more prosecutions for drug possession," he said. "They should be going after the real criminals, the guys on Wall Street. They don't have to go up to Harlem and Washington Heights, the real big barracudas are right down here."

The city's criminal justice system is rotten to the core, he said.

"This is like Tulia, this is like the South," he moaned. "The criminal justice system here is a black box where blacks and Latinos go in and disappear into the penal system. The cops are white, the judges are white, the prosecutors are white -- only the Bronx has a rainbow coalition of prosecutors -- the rest are white, and they're going after black people in this city."

Many of those busted ended up in Rikers Island or the Tombs, often after first spending hours or days crammed into precinct holding cells.

"Rikers Island is like Alcatraz for poor people on minor drug offenses," said Credico. "It's all Mickey Mouse; there's no Hannibal Lectors there. They need to turn it into a university for poor people. And no one is talking about the Tombs. I've been there. There are lots of junkies in there going through withdrawals, filthy toilets, people penned in like cattle. No one will talk about that, or about the hundreds of precincts with their holding cells."

Unsurprisingly, Credico doesn't think much of his establishment opposition.

"Christine Quinn is Bloomberg in drag wearing a red wig," he declared, "and de Blasio supported stop-and-frisk. He was also Hillary's hit man when she was running for the Senate, and derailed Grandpa Munster Al Lewis's campaign then."

Lhota, who has recently made noises about legalizing marijuana, "looks like a weed head," Credico snorted. "But I actually smoke it."

Now, Credico has to go through the process of qualifying as a Democratic candidate, smiting his foes within the party, and then taking on the Republican challenger in the general election. His first official campaign task will be to complete a month-long signature-gathering drive in late spring to qualify for the primary.

"I'll be on talk shows -- people all over the place are asking for interviews -- making some ads and some YouTube videos, and they'll be interesting and funny. It will be a very entertaining campaign. We have buttons coming out soon, we have the web site, there are people who will be putting ads in the Nation," he explained.

"Drug reformers are interested in my campaign, and I've got tons of volunteers from the stop-and-frisk campaigns and people from OWS," he said. "I'm getting a lot of attention right now."

Credico, of course, is a long-shot, but even if he doesn't become the next mayor of New York, to the degree that his campaign shines a light on the problems in the city's criminal justice system and forces other candidates to address them, he will be judged a success.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

New York City, NY
United States

First Drug War Death of the Year

[Editor's Note: For the past two years, we have been tracking all reported deaths directly attributable to drug law enforcement activity in the US, including the border. We continue to do so this year. If you have information about a death we haven't included, please contact us. Remember, we are only tallying those deaths directly attributable to drug law enforcement -- for an example of a close call that didn't make the list, see the latter part of the article below.]

Well, that didn't take long. A Tampa, Florida, man was shot and killed by undercover police officers during a drug sting last Wednesday night. Robert Early Gary, Jr., 31, becomes the first person to die in US domestic drug law enforcement activities this year.

According to our tally, 55 people died in US domestic drug law enforcement operations in 2011 and 63 last year. Read our report on last year's toll here.

Police told the Tampa Bay Tribune Gary was shot and killed by an undercover deputy who was buying drugs when Gary tried to rob him of the money he was carrying. Sheriff's Colonel Donna Lusczynski said the two began fighting and fell down a stairwell. The deputy lost his handgun in the struggle, and as the men fought for the weapon, it discharged several times.

Two backup deputies were nearby. Lusczynski said the deputies told Gary to drop the gun, and when he failed to comply, they shot him.

"They saw the deputy in a fight for his life and they shot the suspect," she said.

The undercover deputy, who remains unnamed, was injured, but not shot. He was evaluated and released at a local hospital Wednesday night.

People at the scene and Gary's relatives took issue with the police account.

"There was no reason to shoot him down," said his stepfather, Dallas Gillyard, outside a nearby home where a crowd of people had gathered. "Was it because of his previous record or the color of his skin?" Gillyard asked.

Gillyard accused the police of lying about what happened. "He wasn't going to rob anybody," Gillyard said. "If he would do anything, he would give you something. If you're going to tell a lie, tell me elephants fly, too," Gillyard said. "Every time (police) kill somebody, it's justified."

In an earlier account, WTSP TV reported that residents of the area, a poor, mixed race neighborhood known colloquially as "Suitcase City," said the killing was just the latest incident of racial profiling in a neighborhood where police harass residents constantly.

"This is a deliberate act. You don't shoot someone six or seven times. It's just not right. It's uncalled for," said one witness.

The three deputies involved have been placed on administrative leave while the incident is investigated, which is standard practice when a deputy discharges a weapon.

Five days earlier, police in Philadelphia shot and killed a North Philly man in an incident with distinct drug prohibition overtones even though it doesn't qualify for our tally of killings directly related to drug law enforcement.

According to Philadelphia police, they were investigating an armed robbery when they encountered Darrell Banks, 47, who they said matched the description of the suspect. Banks allegedly took off running, and police claim he pointed at object at them when they tried to stop him. An officer shot him once; he died a short time later at Temple University hospital.

Police didn't find a weapon, but said they recovered "a small amount of drugs" at the scene, which could explain why Banks, who had a previous record that included drug charges, was trying to avoid them.

"He had no gun on him," said Terra Banks, his niece. "He had his cell phone!" She told NBC 10 News he left behind 10 children and six grandchildren. "We want justice," said Terra. "We want the cop who did this to be brought to justice!"

The Philadelphia police Internal Affairs unit is currently investigating the shooting.

In both Tampa and Philadelphia, the dead persons were black males. Black males were also disproportionately represented among the tally of drug war deaths in 2011 and 2012.

Tampa, FL
United States

NY Governor Cuomo Calls for Marijuana Law Reform

In his State of the State address Wednesday, New York Gov. Andrew Cuomo (D) called on the legislature to reform the state's marijuana laws. Marijuana possession has been decriminalized in the state since 1977, but New York City has emerged as the nation's marijuana arrest capitol because the NYPD habitually charges small-time offenders with "open view" possession -- a misdemeanor -- after intimidating them into pulling their baggies out of their pockets.

http://stopthedrugwar.org/files/andrew-cuomo-200px.jpg
Andrew Cuomo
More than 600,000 people have been arrested for pot possession in New York in the past 15 years, most of them in New York City. The NYPD arrested some 50,000 people for "open view" possession in 2011 alone, 85% of them black or brown, mostly young men.

Cuomo attempted to push forward a reform bill last year, but that effort was stalled in the state Senate despite being supported by NYPD Commissioner Raymond Kelley, all five New York City prosecutors, and numerous others.

Cuomo noted the discrepancy in the law between public and private possession and called on solons to enact legislation to decriminalize the possession of up to 15 grams of pot in either private or public. The governor cited the negative impacts of mass marijuana arrests, including criminalization, stigmatization, wasted resources, and racial disparities.

"It's not fair, it's not right. It must end, and it must end now," he demanded.

Mass marijuana arrests are "not worth it in dollars, in stigma or in impact. In order to fix the inequity in the law while still recognizing that possession in public is different from possession in one's home, the Governor will propose legislation that makes 'open view' possession of marijuana in amounts of 15 grams or less a violation punishable by a fine," he said in prepared remarks.

That's what drug reformers, community activists, and civil liberties and racial justice activists wanted to hear.

"We cannot have the same laws applied differently to different groups of people when the dividing line is race," said Gabriel Sayegh, New York state director for the Drug Policy Alliance. "The governor’s proposal is an essential step towards bringing greater fairness and equity to both our drug laws and policing practices in our state. The criminalization of our young people must end -- the legislature must now act now to pass the governor’s bill."

"I hope [Republican conference leader] Senator Skelos and the entire legislature heard Governor Cuomo loud and clear when he said it's time to end marijuana arrests that 'stigmatize and criminalize' young people of color, which have been one of the leading consequences of stop and frisk," said Alfredo Carrasquillo, a civil rights organizer for VOCAL-NY. "Governor Cuomo is right that these arrests mean more than a night in jail -- they can have lasting effects on a person's access to jobs, housing and a better future."

"With stop and frisk and needless criminalization, too many of our young people are swept up in the criminal justice system. Governor Cuomo’s reform proposal is a critical step towards a brighter future for our youth," said  Kyung Ji Kate Rhee of the Center for NuLeadership. "Instead of wasting money on these arrests, we should be investing in community development and resources that are far more effective at guiding our youth in the choices they make towards fulfilling their best potential."

Now, let's see if the legislature is listening.

Albany, NY
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.

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

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

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

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

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

Here's what we found:

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

Law Enforcement Deaths

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

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

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

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

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

Civilian Deaths

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

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

The Drug War and the Second Amendment

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

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

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

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

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

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

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

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

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

Bringing Police to Justice

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

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

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

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

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

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

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

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

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

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

Drug War Issues

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

StopTheDrugWar Video Archive