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This Week's Corrupt Cops Stories

An Alabama deputy gets stung, a Baltimore cop gets jail for beating on a drug suspect, and a Texas jail guard gets to see the other side of the bars after selling marijuana to prisoners. Let's get to it:

In Camden, Alabama, a former Wilcox County sheriff's deputy pleaded guilty last Tuesday to cocaine distribution charges. Greg Barge had been indicted on eight counts of trafficking cocaine from his patrol car after he got caught up in a sting and was arrested in June 2013 for transporting what he thought was cocaine, but was really a fake substance. He pleaded guilty to three counts: attempting to distribute cocaine powder, knowingly using a firearm in the commission of a drug trafficking crime, and violation of the Hobbs Act in which he unlawfully used extortion during interstate commerce. He's looking at between six and nine years in federal prison.

In Baltimore, a Baltimore police officer was sentenced last Thursday to 45 days in jail for assaulting a drug suspect in custody. Officer Anthony Williams was convicted of assault and hindering the investigation that followed in a case known as "Ratgate" because a key witness in the case, also a police officer, had a dead rat left on his car in what authorities described as an incident of witness intimidation. Williams took a man who had been arrested from the police paddy wagon and back into a house, where he assaulted him. Williams said he had done nothing wrong and would do it again.

In Tyler, Texas, a former county jail guard was sentenced last Friday to five years in prison for selling marijuana and other contraband to an inmate at the Troup County Jail. Angel Rafael Vargas, 40, went down after an inmate's mother reported that her son told her jail officers would deliver contraband for payment, and authorities investigated. Vargas copped to possession of marijuana with intent to distribute, three counts of furnishing prohibited items to an inmate and one count of bringing contraband into the jail.

Chronicle AM--April 23, 2014

There's news on the marijuana legalization initiative front, decrim dies in New Hampshire, pot sentencing reform dies in Alabama, Illinois patients can keep their guns, drugged driving and reproductive rights make news, too. And more. Let's get to it:

Former drug offenders will have their voting rights restored in Virginia, thanks to Gov. Terry McAuliffe (D). (wikipedia.org)
Marijuana Policy

Alaska Legalization Vote Pushed Back to November. A ballot initiative that could make Alaska the third U.S. state to legalize recreational marijuana will go before voters in a general election in November rather than in August as previously scheduled, officials said on Monday. Alaska ballot initiatives typically go before voters in primary elections. But a lengthier-than-normal state legislative session this year forced the change because, under state rules, initiatives must go to voters no less than 120 days after the end of a session.

New Approach Oregon Legalization Initiative Gets Another Big Bucks Donation. The Drug Policy Action Network, the political arm of the Drug Policy Alliance, has given $100,000 to the New Approach Oregon legalization initiative campaign. That's the second $100,000 in a week for the initiative, which has just commenced its signature-gathering phase.  

Total Marijuana Ban Initiative Proposed in Montana. A Billings businessman has proposed an initiative for the November 2014 ballot that effectively would ban the possession, use, cultivation, trafficking and transportation of marijuana in Montana. Steve Zabawa submitted the measure last week. If approved, it would change state law to say that any drug listed on Schedule 1 of the Federal Controlled Substances Act "may not be legally possessed, received, transferred, manufactured, cultivated, trafficked, transported or used in Montana."

No Decriminalization for New Hampshire This Year. Criminal penalties for possessing small amounts of marijuana will not change, after the Senate refused to consider a House-passed bill. Under House Bill 1625, the penalty for having an ounce or less of marijuana or hashish would have been the same as a traffic ticket, and it would have lowered the penalties for growing less than six marijuana plants. The bill passed the House by a better than two-to-one margin, but the Senate refused to accept the bill. It had killed a nearly identical bill last session.

Louisiana to Retain Harsh Marijuana Penalties. The Senate Judiciary Committee voted Tuesday to kill a bill that would reduce the state's marijuana penalties, some of the harshest in the country. Senate Bill 323 would have made simple possession a misdemeanor punishable by no more than six months in jail. Under current law, repeat pot possession offenders can be jailed for up to 20 years. The measure failed on a 4-3 vote.

Medical Marijuana

Florida Limited CBD Medical Marijuana Bill Wins House Committee Vote. A bill to allow patients suffering from seizures or severe pain to use high CBD cannabis oil has passed the House Judiciary Committee. House Bill 843 passed the committee 15-3 and now heads for a House floor vote.

Wisconsin Governor Signs Limited CBD Medical Marijuana Bill. Gov. Scott Walker (R) last week signed into law Assembly Bill 726, which allows the use of CBD cannabis oil to treat severe seizures in children.

Illinois Medical Marijuana Patients Can Keep Their Guns. Illinois regulators finalizing the state's conditions for medical marijuana have removed a proposed rule that would have barred legal gun owners from becoming cannabis-using patients. Some patients had said they would rather continue to use marijuana illegally rather than give up their firearms owners ID cards. The wording drew numerous complaints in public comments from gun owners who hoped to apply for medical cannabis cards. Many said their rights were being trampled.

Drugged Driving

Arizona Supreme Court Rules Presence of Marijuana Metabolite Not Sufficient to Prove Impaired Driving. The state's high court ruled Tuesday that motorists with a secondary marijuana metabolite in their system cannot be charged with a DUI on that basis alone, indicating the court was unconvinced the mere presence of the metabolite proves impairment. The state had argued that even the presence of metabolites in the urine of users was sufficient for a conviction, but the high court said "this interpretation would criminalize otherwise legal conduct" and "leads to absurd results." The case is Arizona v. Shilgevorkyan.

Michigan Bill Would Allow Police to Saliva Test for Drugs During Traffic Stops. The House Judiciary Committee is considering a package of bills related to drugged driving, including one, House Bill 5385, that would allow police to include saliva testing through a mouth swab. The measure is opposed by medical marijuana advocates, who raised concerns about the accuracy of the tests. The committee will continue taking testimony on the bills, which would also allow for police officers to confiscate driving licenses and issue temporary permits for drugged drivers as they do for suspected drunk drivers now.

Reproductive Rights

Tennessee Legislature Passes Bill Criminalizing Pregnant Women for Drug-Related Harm to Fetuses. A bill that holds women criminally accountable for illegal drug use during pregnancy, with punishments of up to 15 years in prison, passed the legislature last week. Senate Bill 1391 punished drug-using women if their babies are stillborn or born addicted or otherwise harmed. Gov. Bill Haslam (R) has 10 days to decide whether to sign it into law.

Alabama Supreme Court Rules That Women Can Be Charged With Chemical Endangerment if They Become Pregnant and Use a Controlled Substance. The state Supreme Court last Friday upheld the conviction of a woman who gave birth to a baby that tested positive for cocaine, even though the infant was healthy. In so doing, the court upheld the state's 2006 chemical endangerment law and held that the word "child" in the law includes fertilized eggs. The case is Ex Parte Sara Jane Hicks. Alabama and South Carolina are the only states that authorize the prosecution of pregnant women for drug use, although as we see above, Tennessee could soon join them.

Prescription Drugs

Oklahoma Senate Approves Bill Adding Prescription Drugs to Drug Trafficking Law. The Senate Monday approved a bill adding four additional drugs to the state’s Trafficking in Illegal Drugs Act. The measure, House Bill 2589, adds morphine, oxycodone, hydrocodone and benzodiazepine to the list of controlled substances in the act. Individuals convicted under the act would receive a minimum of 10 years, which is twice the prison term for possession of these substances. The bill is supported by the Oklahoma Bureau of Narcotics. It has been amended and will return to the House of Representatives for reconsideration.

Opiate Pain Relievers

FDA Panel Recommends Against Approving Dual Opioid Medication. An advisory panel of the Food and Drug Administration (FDA) voted Tuesday against approving a combination morphine-oxycodone painkiller. The drug, Moxduo, would be the first medication to combine both opioids in one capsule. Moxduo’s manufacturer, QRxPharma, says the drug is intended to provide faster relief from moderate to severe pain, with fewer side effects than currently available opioids. The panel voted unanimously against approving it, concluding that QRxPharma had not proved the drug is less likely to cause potentially life-threatening respiratory suppression, compared with taking oxycodone or morphine alone.

Search and Seizure

US Supreme Court Upholds Vehicle Stops Based on Anonymous Tip. An unusually divided Supreme Court ruled Tuesday that an anonymous 911 phone call reporting a reckless driver justified a traffic stop that led to a marijuana. The 5-4 decision saw Justice Antonin Scalia side with the court's liberal minority, but Justice Stephen Breyer's vote gave the conservative majority the win. The case is Navarette v. California. The ruling means police need not corroborate anonymous reckless driving tip before stopping a vehicle.

Voting Rights

Virginia Governor to Restore Voting Rights for Drug Offenders. Virginia Gov. Terry McAuliffe (D) announced Friday that he will immediately restore voting rights to anyone who has completed their sentence for a drug offense, and reduce the waiting period for other violent felonies from five years to three. Virginia is one of four states that ban all ex-felons from voting for life unless they receive clemency from the governor. But governors in these states can take executive action to alter the policies on these felons.

International

Sinaloa Cartel Losing Ground in Ciudad Juarez, Stratfor Analyst Says. The Carrillo Fuentes drug-trafficking organization, with its enforcement arm La Línea, is moving to regain the El Paso-Juárez corridor from the Sinaloa cartel, whose power in Juarez is eroding quickly, according to a terrorism and security analyst from the Texas-based private intelligence firm Stratfor. Click on the link for more details.

This Week's Corrupt Cops Stories

A notorious New York City narc goes on desk duty, an Alabama prison guard gets mixed up with meth, a Florida cop is in trouble for slinging steroids, and an LAPD cop gets his hand slapped for lying about a drug bust. Let's get to it:

In New York City, NYPD's most sued narcotics officer was off the streets as of last Friday. Detective Peter Valentin of Bronx Narcotics, who has been sued at least 28 times since 2006, and three of his colleagues have been placed on modified duty after an Internal Affair Bureau investigation for taking part in drug raids "of dubious merit." The city has already paid out at least $884,000 to settle lawsuits sparked by Valentin's misbehavior, including a case where a nursing mother spent a week on Rikers Island after Valentin arrested her for drug possession even though she truthfully stated that the powder he found in her home was powdered eggshells, not drugs. Dozens of cases in which Valentin and his crew were involved are now in jeopardy.

In Montgomery, Alabama, a Kilby State Prison guard was arrested last Thursday as part of a federal drug bust targeting a meth trafficking ring stretching from California to Dixie. Guard Phillip Burgin, 23, was arrested along with five other people, including two state prison inmates. The inmates are accused of directing the ring from inside via the use of cell phones. Burgin was stopped in late April by Oklahoma state police with 30 pounds of the drug in his vehicle, and he is charged with conspiracy to distribute methamphetamine. He was indicted on federal charges Thursday.

In West Palm Beach, Florida, a former West Palm Beach police officer was arrested last Friday on charges he was peddling steroids from businesses he owned. DeWitt McDonald is also accused of making at least one deal while armed and on-duty and of forging prescriptions from doctors who worked in his clinic. He was fired from the force seven months ago, after an investigation into his dealings began.

In Los Angeles, an LAPD officer was sentenced last Wednesday to three years probation for lying under oath in a 2008 drug possession case. Manuel Ortiz, 40, was found guilty of one count each of conspiracy and perjury for falsely testifying about his involvement in a drug bust where the case was dismissed after footage from the apartment building's security camera contradicted the sworn testimony of the officers.

Chronicle AM -- April 15, 2014

The Obama administration punts on marijuana rescheduling, Maryland's decrim excludes paraphernalia (for now), sneaky DEA tactics are being challenged in Arizona, fears of more cartel violence in Mexico, and more. Let's get to it:

Under Maryland's new decrim law, the pot won't get you busted, but the pipe could. (wikimedia/erik fenderson)
Marijuana Policy

Attorney General Holder Signals Administration Won't Reschedule On Its Own, Wants to Work With Congress. In an interview with The Huffington Post last Friday, Attorney General Eric Holder said the Obama administration would not act unilaterally to reschedule marijuana. "I think that given what we have done in dealing with the whole Smart on Crime initiative and the executive actions that we have taken, that when it comes to rescheduling, I think this is something that should come from Congress," Holder said. "We'd be willing to work with Congress if there is a desire on the part of Congress to think about rescheduling. But I think I'd want to hear, get a sense from them about where they'd like to be."

Maryland Decriminalization Doesn't Include Paraphernalia. The decriminalization bill signed into law by Gov. Martin O'Malley (D) yesterday does not decriminalize the possession of pipes, papers, and other marijuana-smoking paraphernalia. Bill sponsor Sen. Bobby Zirkin (D-Baltimore County) said he intentionally left intact the criminal penalties for having marijuana accessories. He said it could help ensure that if police see marijuana accessories in someone's car, they still have legal grounds to search the car for items like guns and heroin. But he also said the legislature would consider eliminating the paraphernalia penalties next year. In the meantime, prosecutors are trying to figure out how to proceed.

Rhode Island House Committee to Hold Hearing on Bill That Would Regulate and Tax Marijuana Like Alcohol. The House Committee on Judiciary is scheduled to hold a hearing Wednesday on a bill that would regulate and tax marijuana similarly to alcohol. House Bill 7506, sponsored by Rep. Edith Ajello (D-Providence), would allow adults to possess up to one once and grow one plant, as well as establishing a system of legal marijuana commerce. A press conference will precede the committee hearing. Click on the link for more details.

Medical Marijuana

Alabama Governor Signs Limited CBD Medical Marijuana Bill. Gov. Robert Bentley (R) has signed into law Senate Bill 174, also known as Carly's Law. The measure creates an affirmative defense for patients suffering from debilitating epileptic conditions -- or their caregivers -- for the possession and use of marijuana extracts that are high in CBD. But it doesn't do anything for other medical marijuana patients.

Minnesota Poll Has Support for Medical Marijuana at 68%. A new KSTP-TV/SurveyUSA poll finds that 68% of registered voters surveyed think marijuana should be legal when used for medical purposes. The poll comes as legislators struggle to push through a bill in St. Paul.

More Than 70 Oregon Cities Have Dispensary Moratoriums. At least 71 Oregon cities have moratoriums on medical marijuana dispensaries, and more than 40 others are considering bans, according to the League of Oregon Cities and the Association of Oregon Counties. The legislature last year passed a dispensary regulation bill, but some localities don't want dispensaries. The new law, however, only allows the moratoriums to stay in place for one year. The state has 242 incorporated cities and 36 counties.

Law Enforcement

Arizona "Whisper Stop" Highway Drug Busts Set Up Constitutional Clash. Defense attorneys in Arizona are challenging "whisper stop" highway drug busts, in which the DEA wants to arrest someone they suspect of trafficking drugs, but don't want to alert possible co-conspirators. In such cases, the DEA alerts local and state police to make the stop, but police and prosecutors have been remiss in failing to inform defendants and their attorneys about the reason for the stop, violating the Brady rule, which requires full disclosure of evidence that might help defendants by prosecutors. "We're about to have a big clash on this," said a Flagstaff defense attorney challenging the conduct. Click on the link for more details.

International

DC Event on "Politics of Crime in Mexico" Tomorrow. The Woodrow Wilson Center for International Scholars and the Inter-American Dialogue are hosting an event tomorrow to present the new book "The Politics of Crime in Mexico: Democratic Governance in a Security Trap," by John Bailey. Click on the link for more details and to RSVP.

Mexican Cartel Conflict Expected to Heat Up in Tamaulipas. At least 30 people have been killed in recent days in fighting pitting factions of the Gulf Cartel against each other in the northeastern state of Tamaulipas. Most of those killing took place around Tampico, in the far south of the state, but in Mexican border towns like Nuevo Laredo, the Zetas are being blamed for an uptick in kidnappings and extortion. Now, there are fears the Zetas could make moves to try to eliminate the Gulf Cartel once and for all, when it is doubly weakened: by the infighting following the arrest of a major Gulf Cartel leader, and by the February arrest of Sinaloa Cartel head Joaquin "El Chapo" Guzman, who was aiding the Gulf Cartel against the Zetas.

Bermuda Medical Cannabis Activist Asks Jamaica Health Minister for Legal Shipment of Medical Ganja Oil. Bermuda medical marijuana advocate Alan Gordon has sent an open letter to Jamaica's health minister asking for a permit to export enough cannabis oil extract to supply some 300 Bermuda cancer patients with a 2-3 month supply. Gordon said that Bermuda's Cabinet has previously approved import permits from elsewhere on a per-patient basis, but were experiencing trouble with availability, price and quality which Jamaica seems well suited to alleviate. Gordon has also specified that the oil must be grown organically by Rastafarians, as a matter of social justice and "fair trade" principles. Gordon says he is not a Rastafarian but says that after the gravely ill patients, first consideration must be given to Rastafarians as a way of expressing society's remorse for oppression of Rastafarians under the old laws. No response yet from Jamaica.

Chronicle AM -- April 14, 2014

Maryland decriminalizes and becomes a medical marijuana state, a Tennessee hemp bill awaits the governor's signature, a Kentucky omnibus heroin bill appears dead for the session, a campaign is underway to free a Missouri marijuana lifer, and more. Let's get to it:

billboard for Missouri marijuana lifer Jeff Mizanskey
Marijuana Policy

Maryland Governor Signs Decriminalization Bill. Gov. Martin O'Malley today signed into law Senate Bill 364, making Maryland the 18th decriminalization state. The new law makes possession of less than 10 grams of marijuana a civil offense punishable by a fine of up to $100 for a first offense, up to $250 for a second offense, and up to $500 for subsequent offenses. Third-time offenders and individuals under 21 years of age will be required to undergo a clinical assessment for substance abuse disorder and a drug education program. The measure will officially go into effect on October 1.

Medical Marijuana

Maryland Governor Signs Medical Marijuana Bill. Gov. Martin O'Malley (D) today signed into law House Bill 881, making Maryland the 21st state with a full-fledged medical marijuana law. The bill allows Maryland residents suffering from qualifying conditions to use medical marijuana upon a doctor's recommendation. Possession limits and regulations governing cultivation and dispensary facilities will be determined by a state-sanctioned commission prior to implementation. The measure will officially go into effect on June 1.

Kentucky Governor Signs Limited CBD Medical Marijuana Bill. Gov. Steve Beshear (D) last Thursday signed into law Senate Bill 124, which will allow the limited use of CBD cannabis oil. Physicians at state research hospitals will be able to recommend use of the drug.

Colorado Bill Would Add PTSD to List of Qualifying Medical Conditions. Even though marijuana is legal in Colorado, one lawmaker, Rep. Jonathan Signer (D-Longmont) has introduced a bill, House Bill 1364, to add post-traumatic stress disorder (PTSD) to the state medical marijuana program's list of qualifying conditions. Because PTSD affects many veterans, who receive federal benefits, Singer said it's important to provide them with the ability to qualify under the state's medical marijuana law.

Arkansas Attorney General Rejects Medical Marijuana Initiative Again. Attorney General Dustin McDaniel has again rejected the popular name and ballot title for the Arkansas Medical Cannabis Act. These are the same folks that put the Arkansas Medical Marijuana Act on the ballot in 2012, but this year, another group, Arkansans for Responsible Medicine has claimed that initiative title. The 2014 Arkansas Medical Marijuana Act is now in the signature-gathering phase.

Vermont Lawmakers Advance Dispensary Bill, But Reject Adding PTSD to List of Qualifying Conditions. A bill that would create dispensaries in Vermont has passed out of the House Human Services Committee, but the committee rejected an effort to add PTSD to the list of qualifying conditions. The measure is Senate Bill 247. It has already passed the Senate.

Hemp

Tennessee Hemp Bills Awaits Governor's Signature. Senate Bill 2495 and House Bill 2445, which would reclassify and regulate industrial hemp, have passed the legislature and await the signature of Gov. Bill Haslam (R). The bills would allow Tennessee farmers to grow hemp for research and development purposes. Earlier this year Congress approved language in a federal farm bill that would allow the cultivation of industrial hemp in the agricultural pilot programs in states that have already passed hemp measures.

Heroin

Kentucky Omnibus Heroin Bill Appears Dead. A bill that responded to heroin use and sales in the Bluegrass State through a combination of increased treatment, overdose prevention, and harsher criminal penalties will not pass this session, a key legislator said. "There's basically no time left to pass it," Sen. Jared Carpenter (R-Berea), cosponsor of Senate Bill 5, said Friday. It had passed the state Senate, but got stalled in the Judiciary Committee in the Democrat-controlled House. The session ends tomorrow.

Law Enforcement

DEA in Illinois Spying on Indoor Garden Stores. The DEA in Illinois has investigated and raided at least two people after watching them make purchases at a legal local gardening center. Both had shopped at Midwest Hydroganics in Crest Hill. One, Angela Kirking, said she and her pet terrier woke to find four flak-jacketed DEA agents and five Shorewood cops in the bedroom of her Ranchwood Drive home at 5:00am on Oct. 11. At least one of the agents held her at gunpoint before 9 grams were allegedly found. A second person, a man from Channahon, was raided and charged with growing marijuana after shopping at Midwest Hydroganics. In both cases, the DEA took interest after it spotted them shopping at the store. Federal investigators then rooted through garbage and compared utility bills to get search warrants. Kirking's attorney said he is challenging the warrants and that he has heard of more cases linked to DEA spying on a legal business since the story broke.

A Quarter Million Immigrants Have Been Deported For Non-Violent Drug Crimes, Report Finds. The report, an analysis of federal immigration data conducted by the Transactional Records Access Clearinghouse at Syracuse University, details how roughly 40,000 people have been deported for drug law violations every year since 2008. That means that nearly 250,000 -- one-quarter of a million -- people were deported for nonviolent drug offenses in just the past six years. A nonviolent drug offense was the cause of deportation for more than one in ten (11%) people deported in 2013 for any reason -- and nearly one in five (19%) of those who were deported because of a criminal conviction. The report reveals that simple marijuana possession was the fourth most common cause of deportation for any crime, and the most common cause of deportation for crimes involving drugs. On average, more than 6,600 people were deported in each of the last two years just for personal marijuana possession, and overall, nearly 20,000 people were deported last year for simple possession of any drug or drug paraphernalia.

Florida Bill to Raise Drug Possession Thresholds Passes House. The House has passed a bill increasing the weight threshold for trafficking in oxycodone and hydrocodone in a move to ease what have been called overly harsh sentencing guidelines. Senate Bill 360 moves the current threshold of four grams of either drug to seven grams of oxycodone and 14 grams of hydrocodone.

Sentencing

Campaign On to Free Missouri Marijuana Lifer. The ongoing campaign to win the release of Jeff Mizansky, the only man in Missouri serving a life-without-parole sentence for a nonviolent marijuana charge, are continuing this month with help from Show-Me Cannabis and Change.org. Show-Me Cannabis has bought billboard space on I-70 near Kansas City (and near Sedalia, where Mizanskey was arrested) to bring attention to his case, and a Change.org petition calling for his release now has more than 360,000 signatures. Mizansky has three convictions, all for marijuana. Campaigners will hold a press conference at the state capitol on April 28.

International

New WOLA Report on Colombia's Peace Prospects Released. As negotiations between the leftist FARC guerrillas and the Colombian government continue, the Washington Office on Latin America (WOLA) has released a new report, Ending 50 Years of Conflict in Colombia, that analyzes the prospects for a peace accord and the challenges that will follow. Click on the title link to read the report.

Chronicle AM -- April 11, 2014

A DC marijuana legalization initiative is about to start signature-gathering, we have a trio of state pot polls, the US Sentencing Commission moves to cut drug sentences, German criminal law professors call for marijuana legalization, and more. Let's get to it:

Marijuana Policy

DC Legalization Initiative Signature Gathering to Get Underway. Signature gathering for the District of Columbia marijuana legalization initiative will begin April 23, the DC Cannabis Campaign said this week. The campaign needs 25,000 valid signatures by July 7 to qualify for the November ballot. An Alaska legalization initiative has already qualified for the ballot there; DC and Oregon now look like the best chances for more legalization initiatives qualifying for the ballot this year.

Louisiana Poll Has Support for Legalization at 44%. The 2014 Louisiana Survey has support for marijuana legalization at 44%, with 54% opposed. Support for medical marijuana was much higher, at 79%. The survey is conducted annually by the Public Policy Research Lab, or PPRL, and sponsored by the Reilly Center for Media & Public Affairs in the LSU Manship School of Mass Communication.

New Hampshire Poll Has Support for Legalization at 55%. There is solid majority support for legalization in the Granite State. A new WMUR Granite State Poll found found 55% of adults in the state support legalizing the possession of small amounts of marijuana for personal recreational use. Only 38% oppose legalization. Support for legalization is up seven points in the last 14 months.

Rhode Island Poll Has Support for Legalization at 48%. More Rhode Islanders support legalization than oppose, but it doesn't quite have majority support just yet, according to a new Brown University poll. The survey has 47.6% supporting legalization, with 39.3% opposed.

Rhode Island Report Says State Could Generate Tens of Millions in Legal Marijuana Tax Revenue. Maybe this will get those poll numbers up. A new report from Open Doors, a local criminal justice reform group, estimates that if the state were to pass a tax and regulate legalization bill, it could gain between $21.5 and $82 million in annual tax revenues. A legal marijuana industry would also create hundreds of new jobs in the state, the report found.

Medical Marijuana

Minnesota Medical Marijuana Bill Gets Senate Committee Hearing, No Action Taken. The Senate Committee on Health, Human Services and Housing held a hearing Thursday on a bill that would allow qualified patients to possess up to 2 ½ ounces of marijuana and buy it from a dispensary. But the committee took no action on Senate File 1641, tabling it until legislators return from the Easter/Passover break.

Tennessee Senate Passes CBD Medical Marijuana Study Bill. The Senate Wednesday approved a CBD medical marijuana study bill. The measure would authorize a limited, four-year study of the effectiveness of cannabis oil on certain types of intractable seizures. A vote is pending in the House.

Drug Policy

Rev. Al Sharpton's National Action Network Convention To Address Drug War. The largest civil rights convention of the year has the war on drugs on its agenda. A panel called "Up in Smoke: Banning of Menthol, Legalization of Marijuana & Criminalization of African Americans" will address racial justice and the war on drugs Saturday. The convention started Wednesday and continues through Monday. Click on the link for all the details.

Salvia Divinorum

Rhode Island Bill to Ban Salvia Divinorum, Jimson Weed Advances. A bill that would ban the hallucinogenic drugs salvia divinorum and jimson weed has passed the House. House Bill 7191, sponsored by Rep. Arthur Corvese (D-Providence) seeks to target unregulated substances by prohibiting them. It now goes to the state Senate.

Law Enforcement

Maine Drug War Enhancement Bill Passes House. The House approved an amended version of Gov. Paul LePage's (R) bill to respond to drug problems in the state by increasing drug law enforcement. Legislative Document 1811 was amended by the Criminal Justice and Public Safety Committee to add funding for drug treatment and reduce the number of new drug agents, prosecutors and judges to be hired, but is still opposed by groups like the ACLU of Maine. The bill now moves to the Senate.

NYPD's Most Sued Narc Is Off the Streets. Detective Peter Valentin of Bronx Narcotics is off the streets. Valentin, who has been sued at least 28 times since 2006, and three of his colleagues have been placed on modified duty after an Internal Affair Bureau investigation for taking part in drug raids "of dubious merit." The city has already paid out at least $884,000 to settle lawsuits sparked by Valentin's misbehavior, including a case where a nursing mother spent a week on Rikers Island after Valentin arrested her for drug possession even though she truthfully stated that the powder he found in her home was powdered eggshells, not drugs. Dozens of cases in which Valentin and his crew were involved are now in jeopardy.

Collateral Sanctions

Missouri Could End Lifetime Food Stamp Ban for Drug Offenders. Missouri is one of only 10 states that have not opted out of a lifetime federal ban on food stamps for people with drug felonies, but that could change this year. A bill to end the ban, Senate Bill 680, passed the Senate last week and appears to have bipartisan support in the House. Bill sponsor Sen. Kiki Curls (D-Kansas City) said she accepted amendments imposing some restrictions -- retaining the ban for three-time drug felons, requiring a one-year wait for eligibility -- as necessary to move the bill forward.

Sentencing

US Sentencing Commission Votes to Reduce Guidelines for Drug Sentences. The US Sentencing Commission voted Thursday to reduce sentencing guidelines for certain people convicted of nonviolent drug offenses. The amendment would reduce the average sentence for drug traffickers by 11 months, by lowering the drug sentencing guidelines two levels. Attorney General Eric Holder endorsed the change during testimony before the commission last month. The amendment will go to Congress for its approval on May 1. Congress has six months to introduce and pass legislation to stop the proposed changes before they become law on November 1.

International

German Criminal Law Professors Call for Marijuana Legalization. Over 120 German professors of criminal law are supporting an initiative to legalize cannabis. They have called on the Bundestag to discuss the issue. The professors are part of the "Schildow Circle," founded two years ago by Lorenz Bollinger, professor emeritus of criminal law at Bremen University. Prime Minister Angela Merkel's coalition is skeptical.

Denmark Opens More Safe Injection Sites. Denmark's first safe injection site for hard drug users opened in October 2012. Now there are three in Copenhagen and at least one in each of Denmark's main cities. They have never had a fatal drug overdose on site.

Mexico Intra-Cartel Clashes Leave 28 Dead. At least 28 people have been killed in clashes between rival factions of the Gulf Cartel in northeastern Tamaulipas state since last weekend. Authorities described the fighting as "clashes or score-settling between criminal groups." The fighting comes after the February arrest of local Gulf Cartel leader Javier Garza, "El comandante 14."

Drug Bill in Australia's Capital Territory Will Ban New Drugs, Adjust Quantities That Trigger Dealing Charges. Under legislation proposed yesterday, Australia's Capital Territory (greater Canberra) will increase the quantity of drugs needed to trigger trafficking charges in a bid to separate out users from dealers. The amount of Ecstasy needed to trigger such charges would double, while the amount of cocaine would triple. The bill would also deal with new synthetic drugs by banning them, instead of regulating them, as neighboring New Zealand has done.

Chronicle AM -- April 9, 2014

Attorney General Holder was on the pot-seat in Congress yesterday, New Jersey's legalization bill looks to have an uphill battle with public opinion, there's a psychedelic conference in Massachusetts this weekend, Uruguay is going to give medical marijuana to prisoners, and more. Let's get to it:

Trip the light fantastic at a conference on psychedelics at UMass-Amherst this weekend. (wikimedia.org)
Marijuana Policy

Holder Defends Administration Response to Marijuana, But Refuses to Go Further. Facing critics from both sides of the debate, Attorney General Eric Holder yesterday defended the administration's rather laissez-faire approach to marijuana legalization at the state level, but declined to go further to please reform supporters by taking executive branch action to reschedule the herb. He was appearing before the House Judiciary Committee. Click on the link for more details and some of the repartee.

GOP Congressman Calls for Republicans to Nominate Presidential Candidate With States' Rights Position on Marijuana. Rep. Dana Rohrabacher (R-CA) said Tuesday that the Republican Party should field a presidential candidate who supports states' rights to legalize marijuana -- as part of a broader states' rights agenda that also includes scrapping the Department of Education. "I think we ought to look for a presidential candidate who will make that part of his message," he said. "Just transfer it all to the states. Now this government would have nothing to do with education, and how about, from now on, drug laws are considered criminal matters, which is what our Founding Fathers had in mind, and that is up to the states." Rohrabacher also claimed (rather fancifully, unfortunately) that "Reagan did not want to put people in jail. He did not want to militarize our county in order to stop people from smoking weed."

Poll Finds New Jersey Evenly Split on Legalization, Less Support for Actual Bill. A new Monmouth University/Asbury Park Press poll has support for legalizing small amounts of marijuana at 48%, with 47% opposed. But when asked specifically about supporting a pot legalization bill, Senate Bill 1896, recently introduced by Sen. Nick Scutari (D-Middlesex), only 36% were in favor, with 49% opposed. "Obviously, New Jerseyans are really split on the idea of legalizing marijuana and are unsure about the specifics of the Scutari proposal," said Patrick Murray, director of the polling institute.

Medical Marijuana

Supporters Rally as New Hampshire Senate Considers Home Cultivation. Supporters of cannabis for therapeutic use are rallying in Concord this morning behind a bill that would allow for a limited home cultivation of marijuana plants for qualifying patients. The bill, House Bill 1622, would allow two mature plants per patient, and the authorization would be only until a licensed cannabis dispensary opens within 30 miles of their residence.

Missouri House Committee Approves CBD Medical Marijuana Bill. A Missouri House committee has advanced legislation allowing the use of a cannabis extract by people whose epilepsy is not relieved by other treatments. House Bill 2238 passed the House General Laws Committee and is now set for a hearing in the House Rules Committee tomorrow.

Prescription Drugs

Prescription Drug Monitoring Bill Derailed in Oklahoma. A bill that would require doctors to check their patients' drug histories before writing narcotic prescriptions was derailed Tuesday by a House committee chairman, but sponsors expressed hope they could keep the issue alive. Rep. David Derby, chairman of the House Public Health Committee, would not let the bill be heard Tuesday during his panel's last scheduled meeting before a deadline for committee approval. He said he was concerned about several elements of the bill, including a provision that could allow the Bureau of Narcotics and Dangerous Drugs to fine physicians $2,000 for failing to check the online Prescription Monitoring Program. The measure is House Bill 3030.

Psychedelics

Psychedelic Conference This Weekend at UMass-Amherst. Psychedelic and research and policy experts will speak on issues relating to the role of psychedelics in culture, medicine and science at the Psymposium 2014: The Nature of Psychedelics conference. The conference will be held at the University of Massachusetts, Amherst on April 12 & 13 and is open to the public. Click on the link for all the details.

Law Enforcement

Another Lawsuit Filed Against Crooked Suburban Chicago Cops. Another lawsuit has been filed against the Chicago suburb of Schaumburg and three of its former undercover tactical narcotics officers, who have been accused of selling illegal drugs they seized from dealers. Xavier Neodina filed the suit Monday in federal court claiming police used falsified information to get a search warrant for his home, that he was then arrested and sexually assaulted while being held in the Cook County Jail, and the officers "intentionally schemed and worked together" to set him up. This is the fourth lawsuit filed against Schaumburg and its crooked cops. At least a dozen people convicted of drug offenses have been cleared of charges. One of the cops has been sentenced to 12 years in prison, while two others face trial later this month.

International

Uruguay to Provide Prisoners with Medical Marijuana. Prisoners in the jails of Uruguay will be able to use marijuana if a doctor says it will benefit their health. Uruguay's drug czar, Julio Calzada, told The Associated Press on Tuesday that any inmates with doctors' orders will be prescribed marijuana to improve their physical or mental health.

This Week's Corrupt Cops Stories

Another jail guard dope smuggler, another cop with a pain pill problem, another cop brought down by a sting, another cop selling cocaine, and yet another cop smuggling cocaine. Ho-hum. Just another week of drug war police corruption. Let's get to it:

In Tulsa, Oklahoma, a Tulsa police officer was arrested last Thursday on multiple charges after getting caught up in a Tulsa Police sting operation. Officer Tyrone Jenkins, 40, took payments from an undercover officer and agreed to provide confidential information. He also allegedly attempted to sell cocaine. He is charged with two counts of violating the Computer Crimes Act, two counts of bribery, and one count of Attempted Intent to Deliver an Illegal Narcotic. He's looking at up to more than 50 years in prison.

In Concord, California, a Concord police officer was arrested last Friday on charges he was stealing prescription drugs from senior citizens. Officer Matthew Switzer, 38, a 12-year veteran, went down after a tipster contacted police about his alleged thievery. He allegedly took drugs from at least residents at a local senior housing complex. He is charged with two counts of first-degree burglary and one count each of second-degree burglary, fraudulently obtaining prescription drugs and elder abuse. His attorney says he's strung out on pain pills from an on-duty injury. He has since resigned from the force.

In Bryan, Texas, a Brazos County jail guard was arrested last Friday for smuggling drugs and tobacco into the jail. Cody Allan Jones admitted accepting a total of $1,100 to smuggle pouches of tobacco into the facility, but said he didn't know there was Ecstasy inside the pouches. He was booked into his place of employment, but bailed out the next day.

In Miami, a Miami-Dade police internal affairs lieutenant was arrested Tuesday on charges he was helping cocaine traffickers. Lt. Ralph Mata is accused of protecting cocaine smugglers, buying them firearms, doling out sensitive law enforcement intelligence, and even concocting a plot to murder rivals. The 22-year veteran, allegedly known as "The Milk Man," is portrayed as a key player in a smuggling ring that moved cocaine in produce pallets from countries including Ecuador and the Dominican Republic. Click on the link for more juicy details.

In Greenbelt, Maryland, a former Prince Georges County police officer was sentenced last Wednesday to 10 years in federal prison for his role in a conspiracy to sell cocaine and untaxed cigarettes. Sinisa Simic pleaded guilty in 2011 to cocaine trafficking, extortion and firearm offenses. He admitted protecting the sale and transport of multiple shipments of contraband cigarettes in Maryland, Virginia and elsewhere. He was one of 10 people, including two other police officers, enveloped in a corruption probe in the county.

Southern California Schoolgirl Killed in Drug-Related Police Pursuit

A 12-year-old Orange County girl was killed last week when a driver fleeing police seeking to apprehend him on drug and weapons warrants crashed into her family's car. Vivian Nguyen becomes the 14th person to die so far this year in US domestic drug law enforcement operations.

According to The Orange County Register, citing police sources, Westminster Police were chasing a Chevy Suburban driven by Aleksandr Apostoloic, 26, who was wanted on narcotics trafficking and weapons warrants, last Thursday afternoon when the Suburban slammed broadside into a minivan carrying Nguyen's family.

Vivian Nguyen died that same night. Her brother William, 13, is hospitalized in critical condition, and her mother, Helen, is in serious condition. Both are expected to recover.

Apostoloic was arrested midnight Thursday on suspicion of murder, assault with a deadly weapon and felony evasion, as well as the warrants for drug trafficking and weapons violations.

Twelve uninvolved bystanders died in police pursuits in California in 2012, the last year for which data is available. A 2006 law requires law enforcement agencies to implement pursuit policies and yearly training or lose their immunity to lawsuits related to pursuit injuries or damages. It was not reported whether the Westminster Police have done so.

Westminster, CA
United States

The Corruption Files: Camden's Dirty Cops [FEATURE]

Special to Drug War Chronicle by Houston-based investigative journalist Clarence Walker, cwalkerinvestigate@gmail.com. Part 9 of his continuing series on Prosecutorial Misconduct and Police Corruption in Drug Cases Across America.

Camden, New Jersey. Tough times in a tough town. (wikimedia.org/adam jones)
A Day in the Life in Camden

August 2, 2008 was a typical summer day in Camden, New Jersey, a gritty, impoverished, mostly black community across the Delaware River from Philadelphia. A bright sun beamed down on the sweltering city as Joel Barnes, 26, prepared to attend a family barbecue at his grandmother's house -- a regular event for the Barnes family, where they relaxed and reminisced about days gone by. He had hurried over to a friend's house to get his help situating the barbecue pit and sprucing up Barnes's grandmother's back yard before the festivities.

But as he arrived at his friend's house, Barnes encountered heavily-armed Camden police officers rushing into the house with guns drawn shouting "Police! Police! Police!" and demanding "Where's the drugs?" Barnes and the other occupants of the house were herded into the kitchen, where Officer Robert Bayard handcuffed him. Bayard pulled a cell phone, cash and keys from Barnes's pocket. They found no drugs or contraband on him, so he figured he would be released once everything was settled.

It didn't work out that way.

[Editor's Note: All quotes from Camden residents come from The Philadelphia Inquirer unless otherwise specified.]

Another Camden cop, Officer Antonio Figueroa, led Barnes out of the house and threw him into a van, then left. When Figueroa returned to the van, he again demanded of Barnes "Where's the shit at?"

"I don't know if there's drugs in that house. I don't live here," an increasingly scared and nervous Barnes replied, explaining that he was only there to ask his friend for help with the barbecue pit. Barnes said in a nervous tone voice.

Figueroa then showed Barnes a bag containing PCP-laced marijuana and made him an ominous offer: "Tell us where the shit's at, and we'll make this disappear," Figueroa said, echoing the famous line in Training Day when the crooked cop played by Denzel Washington asks a suspect in a similar situation, "Do you want to go home… or go to jail?"

With Barnes continuing his denials, Officer Figueroa grew angry, telling him "The drugs in the bag carried more serious charges than any drugs that might be found in the house." Figueroa then told Barnes he could get a lesser prison sentence if just told police where in his friend's house the drugs were.

"I don't know nothing about drugs in the house," Barnes responded, pleading to be let go.

Officers Figueroa and Bayard continued to tag-team the young man, with Bayard repeatedly demanding "Where's the shit?" and Figueroa waving the mysteriously appearing bag of dope and telling Barnes "This is yours!"

"That bag's not mine," a desperate Barnes repeatedly protested.

Then, Officer Figueroa again returned to the van, yelling, "We found the shit! You're going to jail!"

Figueroa charged Barnes with possession of drugs with intent to deliver, and added on a drug-free zone enhancement charge. Despite bitterly protesting his innocence, Barnes was looking at up to life in prison if he went to trial. Figuring that a jury was more likely to believe a veteran police officer than a young black man from Camden, he agreed to a plea bargain.

On February 23, 2009, he copped to one count of drug possession within a school zone. Two months later, he began serving a five-year prison sentence.

"I felt helpless and didn't know what to do," Barnes said, recalling the experience. "I knew I hadn't done anything wrong, but all I knew was that the officers had the power and I had none."

"Joel told his lawyer he was innocent, and he didn't believe him; he told his mother he was innocent, and she didn't believe him. That must have been devastating, but the scope of the police misconduct was so dramatic that it was hard for an outsider to believe that police would do anything so outrageous," Alexander Shalom, an attorney with the American Civil Liberties Union told the Chronicle.

But Barnes was innocent. And he was not the only one to fall victim to what would eventually be exposed as a massive police corruption scandal in Camden.

There is unintended irony in Camden County's police recruitment campaign. (camdencountypd.org)
Taking Down the Platoon Squad

While Barnes -- and nearly 200 other innocent victims -- went off to prison thanks to the efforts of Bayard, Figueroa and their team, known as the Platoon Squad, other people victimized by the crooked cops were filing complaints. After repeated, persistent complaints of police dirty dealing, including ones from the Camden Public Defender's Office, Camden Police Internal Affairs and the FBI opened an investigation.

That investigation revealed a wide-ranging police corruption scheme that would have made the crooked cops in Training Day blush. In that film, Denzel Washington was a low-down dirty cop who framed the innocent and stole drug money. In Camden, he would have been just one of the boys.

The investigation resulted in the indictment of five members of the Platoon Squad on a variety of civil rights violation charges involving perjury and drug-planting conspiracies, as well as stealing money from suspects during illegal searches and making false arrests. The FBI even uncovered information that the brazen officers used illegal drugs and money stolen from suspected drug dealers and never reported to pay street snitches and prostitutes for information.

Platoon Squad Sergeant Supervisor Dan Morris pleaded guilty to conspiracy to deprive defendants of their civil rights and got eight months in federal prison; Officer Kevin Perry copped to the same charge and got 20 months, while Officer Jason "Fat Face" Stetser got 46 months on the same charge.

Only officers Bayard and Figueroa went to trial. To the shock of prosecutors and defendants alike, Bayard managed to beat the rap despite fellow officers testifying that he knowingly participated in the drug planting scheme. But Figueroa was found guilty and sent to prison for 10 years, the toughest sentence for any of the Platoon Squad.

Joel Barnes and ACLU attorney Alex Shalom discuss his case. (ACLU-NJ/Amanda Brown)
Payback Time

Criminal convictions for the Platoon Squad were just part one of the fallout. Part two came as the ACLU filed a federal class action civil rights lawsuit on behalf of the wrongfully convicted Camden residents.

"If any action by a police officer shocks the conscience, it is the planting of evidence on an innocent person in order to arrest him," the ACLU noted. "The police officers' actions violated the Fourth Amendment of the US Constitution, which prohibits civil rights violations, and through their own actions or the lack of policies and supervision the Camden police officers conspired to plant drugs and falsely arrested the defendants for planted drugs and further provided the prosecutors with faulty evidence."

In January 2013, just as the criminal cases against the Platoon Squad were winding down, the city of Camden settled. The city agreed to pay out $3.5 million to be split between the 88 drug defendants who had joined the class action lawsuit. Joel Barnes was one of them. The innocent men served a combined total of 109 years in prison prior to being released.

The city of Camden also eventually settled a separate state civil rights lawsuit filed by the ACLU on behalf of 11 people who were framed by the same rogue cops, but whose cases were dropped. That was another $390,000 in taxpayer money gone. In that case, Camden had to sue its own insurer, which had refused to pay the historic settlement.

ACLU attorney Shalom told the Chronicle the drug planting scheme was the worst and most brazen he had seen in many years.

"We often hear about it, but we were shocked it was so provable in this case," he said.

Shalom noted that even though many of the innocent defendants had had private counsel, they still pleaded guilty to false charges.

"A lot of things account for those decisions, not the least of which is that drug sentencing laws are so harsh that if they hadn't pleaded guilty they were facing insanely long sentences," he explained.

Rogue Cops in the Hood

The Platoon Squad considered Camden's Waterfront neighborhood, where most of the illegal arrests went down, as their fiefdom, where the only rules that mattered were their rules. "Drug dealers live here, but we run it," they reportedly told residents.

"Fat Face" Stetser admitted to the FBI in 2008 that he and three other officers arrested two people on suspicion of drug trafficking and planted drugs on them. This in a warrantless search of a residence where Stetser and his buddies falsely claimed the "suspect" they targeted had fled the scene and discarded the drugs as he tried to escape. That didn't happen. Stetser also admitted planting additional drugs on people found with small amounts of dope so they could be charged with more serious crimes.

Similarly, Sergeant Morris confessed to conducting a warrantless search where he stole cash and drugs, splitting the cash with Stetser.

Likewise, although Officer Bayard was found not guilty at trial, evidence showed that he wrote a report accusing Ron Mills, 46, of throwing a bag of drugs on the ground and eluding police after a foot chase. Bayard's report proved false because Mills weighed over 300 pounds and always walked slowly with a cane.

Another victim of false arrest was Anthony Darrell Clark, who was arrested on drug charges. Described as "slow" and emotionally disturbed, Clark was eventually released back to the care of his mother after the scandal broke.

"I always thought he was framed," Vera Clark told The Inquirer.

Benjamin Davis was another. He served his full 30 months before coming home. He said he pleaded guilty rather than fighting for justice because he didn't think he would be believed.

"With my priors I had no chance of beating it," he said.

Beaten down Waterfront residents had known for years they were being hassled by dirty cops, but never believed they could do anything about it. Seeing the Platoon Squad get what was coming to it was sweet.

"These were the dirtiest cops I've ever seen," said area resident Kevin Smith.

And Joel Barnes? He was languishing in prison when his mother read in the newspaper about the indictments against the Platoon Squad. He retrieved his court file and confirmed that the cops who had jacked him up were among the indicted. He sought succor from the court and from the Public Defender's office, but got nowhere. It was only when the ACLU stepped up with its lawsuit, that Barnes saw belated justice. He walked out of prison on June 8, 2010, after spending more than a year behind bars on false charges.

Meanwhile, of the Platoon Squad, only Figueroa remains in prison, and he has appealed his conviction. The others have gone on to start new lives, hopefully in positions where they will not be empowered to subvert the law and destroy the lives of others.

Police corruption not only shatters the lives of the falsely accused and convicted, it destroys respect for the law and the people who enforce it. In the case of Camden, the war on drugs provided both the pretext and the opportunity for bad cops to tarnish not only the reputation of their police force and their city, but also to cruelly wreck the lives of innocents.

Camden, NJ
United States

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