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This Week's Corrupt Cops Stories

Two cops get their hands slapped for stealing the drug evidence and a former NYPD officer goes down for slinging Oxycontin. Let's get to it:

In Reynoldsburg, Ohio, a former Reynoldsburg police lieutenant pleaded guilty last Thursday to stealing drugs and cash from the departmental evidence room. Shane Mauger was accused of stealing at least $150,000 in cash and property and of filing false search warrant affidavits in order to go on drug raids, which he used as an opportunity to steal cash and property. Mauger agreed to cop to conspiracy to deprive persons of civil rights and federal program theft.

In New York City, a former NYPD officer pleaded guilty Tuesday to supplying Oxycontin to a Long Island drug dealer. Andre Clarke, 37, a 20-year veteran, went down weeks after the dealer was caught hiding the pills in bags of Skittles that he mailed to his infant niece. Clarke copped to one count of drug conspiracy and is looking at up to 20 years in prison when sentenced.

In Colchester, Connecticut, a former Colchester police officer was sentenced Monday to four years in prison for stealing drugs and a gun from the police evidence locker. Tyler Kinney stole drugs to feed his own drug habit, prosecutors said. His thefts forced prosecutors to drop some 30 drug cases. The exact charge on which he was convicted was not specified.

Video Killed the Drug Conviction: Chicago Narcs Busted Lying Through Their Teeth [FEATURE]

Part 10 of an occasional series on police and prosecutorial misconduct by Clarence Walker, cwalkerinvestigate@gmail.com.

It was just another marijuana bust by Chicago's crack dope squad and should have resulted in an easy conviction, but thanks to a forgotten camera, things didn't exactly work out the way the cops planned. Now, the pot dealer is free, he has a bunch of cash in pocket, and it's the cops who are facing justice.

It went down on June 6, 2013, when three Chicago Police narcotics officer and a pair of suburban Glenview police officers pulled over Joseph Sperling on the pretext that he had failed to properly use his turn signal, then claimed Sperling told them there were drugs in his vehicle. The cops said they found marijuana in plain view and arrested Sperling on marijuana possession and distribution charges. Business as usual, so far.

But when it came time to go to court the following March, things went south for the cops. Prosecutors had been questioning Chicago PD narcotics officer William Pruente, who said in sworn testimony that when police pulled over Sperling they immediately smelled marijuana and ordered him to exit the vehicle and stand at the rear of the car.

Then, defense attorney Steven Goldman asked the veteran narc if Sperling was handcuffed after he got out of the car.

"No, he was not handcuffed," Pruente replied. "He was not under arrest at that time."

Chicago narcotic officers Sergeant James Padar and Vince Morgan and Glenview Police officers James Horn and Sergeant Theresa Urbanowski backed up Pruente's story.

Then, as Urbanowski was testifying, defense attorney Goldman dropped a bombshell. He interrupted the testimony to inform Judge Catherine Haberkorn that he needed to offer a videotape into evidence.

In a moment of courtroom drama like something out of "Law and Order," Goldman revealed that the video came from Urbanowski's police cruiser and that it flatly contradicted the sworn testimony of the police officers. The police had been lying to the court and to the judge and the video would prove it, Goldman said.

As Goldman patiently took Urbanowski back over the events she'd testified about, he played the recording and asked her to describe the difference between her original testimony and what was happening on the tape.

The footage contradicted the testimony of the police officers. Pruente had testified that Sperling had not been arrested or handcuffed until the cops had found the dope in plain view, but the video showed Pruente walking up to Sperling's car, reaching in the open window, unlocking the door, pulling Sperling out, handcuffing him, and placing him in the back seat of a patrol car. Only then did the officers move to search the car.

The video clearly showed the officers spending minutes thoroughly searching Sperling's car before finding weed and a small amount of psychedelic mushrooms in a black duffel bag.

As defense attorney Goldman noted during questioning, if the drugs had really been in plain view on the front seat of the vehicle, the officers had no need or reason to search it because they already had the drugs.

The brazen distance between the officers' testimony and what the video revealed infuriated Judge Haberkorn, who immediately granted Goldman's motion to suppress the evidence because the video showed police had neither probable cause to arrest Sperling nor a warrant to search his vehicle.

"This is very outrageous conduct," Haberkorn said from the bench. "All the officers lied on the stand today. All their testimony is a lie. There is strong evidence it was a conspiracy to lie in this case, for everyone to come up with the same lie."

Haberkorn then dismissed the criminal charges against Sperling.

"If this could happen to me, it could happen to anyone," said Sperling, then 23, during a press conference with reporters after the release of his videotaped arrest. "I just happen to be one of the lucky few that had a video that proved the officers were wrong."

The Cook County criminal justice system may have been done with Sperling, but he wasn't done with it. Shortly after the charges were dismissed, he filed a federal civil rights lawsuit alleging illegal search and seizure against the Chicago and Glenview police departments. And he won. The two cities involved settled the suit, paying Sperling $195,000 for his troubles.

Others who have been similarly victimized could do the same. Under the US Code Section 1983, citizens are allowed to sue police in federal court as a result of an illegal search and arrest if the officer acted with malice "under color of law."

In Sperling's case, attorney John Loevy argued in the lawsuit that there was insufficient legal justification for officers to stop and arrest Sperling and search his vehicle, which was done without probable cause. Those illegal actions violated Sperling's civil rights under the Fourth, Fifth, and Fourteenth amendments, as prescribed under Section 18 US Code 242. The argument was strong enough to force the cities to settle.

Cook County State's Attorney Anita Alvarez (twitter.com)
Former Houston Police homicide and narcotic gang investigator Rick Moreno told Drug War Chronicle the officers lied to protect an informant when they could simply have gone by the book and done their bust right.

"Once those officers had all the information about this guy having dope in his car they needed a warrant," Moreno explained.

But the narcs plotted a scheme disguised as a routine traffic stop to avoid having to obtain one.

"What they've done in this case was a 'wall off' technique." Moreno said, referring to a strategy most narcotic officers use to put a wall between the officer and the information provided by a snitch. And if everything goes as planned, the officer gets the dope without a warrant, they got the dope dealer and the snitch is protected."

"The biggest casualty in the war on drugs is the truth," said Chicago civil attorney Jon Loevy, who represented Sperling in his civil rights lawsuit.

"The ends justify the means," said criminal defense attorney Goldman, explaining the attitudes that drove the cops to lie on the stand. "So because they get the bad guy off the street or the drugs out of their hands, everybody's happy."

Well, not everybody, not when the lies are so blatant they cannot be ignored. The Cook County criminal justice system wasn't done with the cops caught lying on the witness stand. Sgt. Urbanowski's camera had caught them red-handed, and four of them were indicted by a Cook County grand jury on perjury, obstruction of justice, and official misconduct charges in June 2015. They all face up to five years in prison on each count. The three Chicago police officers were immediately suspended, and the Glenview police officer was later fired. Their trials got underway this week.

"The foundation of our criminal justice system rests on the concept of truthful testimony," said Cook County States' Attorney Anita Alvarez in a press statement announcing the indictments. "We expect it from our witnesses and we demand it from our police officers."

The criminal charges filed against the officers made headlines across the state and constituted another black mark against the much criticized Chicago Police Department. But the buzz around the courthouse was not just over the charges, but whether they would lead to the dismissal of other drug cases in which the charged cops were involved.

Calls to the Cook County prosecutor's office regarding whether the four indicted officers would be investigated for perjury or illegal tactics in previous drug cases have not been returned.

While Sperling won $195,000 in damages from his illegal search and seizure lawsuit, legal experts say such victories are rare. Defendants usually don't pursue such suits due to lack of funds, and if a case involving a bad search is dismissed, most defendants are just relieved the case is over and they no longer face charges, said Penn State University law professor David Rudovsky, a leading civil rights and criminal defense attorney and author of The Law of Arrest, Search, and Seizure.

Penn State law professor David Rudovsky (law.penn.edu)
Rudovsky told Drug War Chronicle there is also another reason such lawsuits are rare.

"Why would a jury award money for damages to a criminal already proven to have committed a crime?" he asked rhetorically.

Police perjury is nothing new -- the practice has even generated its own nickname, "testilying" -- but the Sperling case has renewed debate over why law enforcers resort to breaking the law.

"Police perjury in court to justify illegal dope searches is commonplace," wrote former San Francisco police commissioner Peter Keane in a much-cited article on the topic.

"I've heard some police officers say in a social setting, 'If [the defendant] is going to lie to beat the case, why can't I lie too?" Cook County Public Defender, and former prosecutor Abishi Cunningham Jr. related.

"When police lie to make a case on someone they are saying the criminal justice system doesn't work... so I'm going to do it my way," Houston civil and criminal attorney Annie Briscoe told the Chronicle.

Briscoe recalled a drug case involving police illegal search where police recovered a sizeable amount of drugs from a client of hers. Houston police claimed he resembled a fugitive they were looking for. With her client facing up to life in prison, Briscoe convinced the trial judge to throw out the charge because of illegal search and seizure through the simple expedient of showing the judge a photo of the fugitive, who looked nothing like her client.

While the judge called Briscoe's client "one lucky guy," Briscoe had a slightly different take.

"The law should be enforceable by way of truth," she said.

Police are also incentivized by the war on drugs to cut corners so they can reap monetary rewards, whether through asset forfeiture or by earning federal anti-drug grants through aggressive enforcement actions. And each bust makes their numbers look better.

As NYPD Officer Adil Polanco once revealed through a surfeit of honesty, "Our primary job is not to assist anybody, our primary job is to get those numbers and come back with them. You have to write somebody, arrest somebody, even if the crime is not committed, the number is there."

Yes, there are numerous reasons cops lie. But none of them justify the lying, or the corrosive effect such behavior has on public trust and respect for law enforcement. These Chicago police officers are about to find out just how seriously the system takes such dishonesty, especially when it is so blatant the system can't pretend it doesn't see it.

Chicago, IL
United States

This Week's Corrupt Cops Stories

Another jail guard in trouble, an Ohio narc heads to prison, and so does a veteran Alabama cop. Let's get to it:

In Live Oak, Florida, a county jail guard was arrested last Wednesday on charges he was selling smuggled cigarettes, synthetic cannabinoids, and cellphones to inmates at the Suwannee Correctional Institution. Michael Dale Lindblade, 28, is charged with official misconduct, unlawful compensation, and removal of contraband. At last report, he was being booked into his now former place of employment.

In Akron, Ohio, a former East Cleveland narcotics detective was sentenced last Wednesday to nearly six years in federal prison after he admitted being part of scheme to rip off thousands of dollars from suspected drug dealers. Antonio Malone, 34, is the third former East Cleveland officer to go down in the corruption case in the street crimes unit. The officers conducted illegal searches and falsified search warrants while stealing from suspects. Malone pleaded guilty to one count of conspiracy.

In Huntsville, Alabama, a former Huntsville police officer was sentenced Tuesday to two years in federal prison for bribing a rookie cop to drop drug trafficking charges against an accused dealer. Lewis Bernard Hall went down after the rookie reported the bribe, starting a city and FBI investigation. The rookie also got shorted on the bribe money by Hall and the drug dealer. Hall copped to one count of conspiracy and must report to prison next month.

Chronicle AM: NH Decrim Back From the Dead, 4/20 MJ Sales Topped $37.5 Million, More... (4/27/16)

Americans spent a lot of money on weed for 4/20, Dana Rohrabacher endorses California's AUMU pot legalization initiative, New Hampshire decrim rises from the dead, and more.

Marijuana Policy

4/20 Pot Sales Hit $37.5 Million. Americans spent more than $37.5 million on legal marijuana purchases on the 4/20 stoner holiday, according to MJ Freeway, a global cannabis business seed-to-sale tracking software provider. That's up by more than 30% over 2015.

Conservative GOP Congressman Endorses California's AUMA Legalization Initiative. Rep. Dana Rohrabacher (R-Costa Mesa) has announced his support for the Adult Use of Marijuana Act (AUMA) legalization initiative. "As a Republican who believes in individual freedom, limited government and states' rights, I believe that it's time for California to lead the nation and create a safe, legal system for the responsible adult use of marijuana," said Rohrabacher. He is the second California congressman to endorse the initiative. Rep. Ted Lieu (D-Torrance) announced his support last week.

Michigan House Approves Marijuana Drugged Driving Study Bill. The House voted 107-1 Tuesday to approve House Bill 5024, which would create a commission to research and recommend a threshold for THC that would establish evidence of impaired driving. The bill now goes to the Senate.

New Hampshire Decriminalization Reemerges. The decriminalization bill had been killed, but the House Criminal Justice and Public Safety Committee voted 12-7 Tuesday to bring decrim back to life. The committee voted to amend Senate Bill 498, which deals with discretion in sentencing, to make possession of up to a quarter ounce of marijuana a civil infraction instead of a misdemeanor. The bill will come before the House next month.

Medical Marijuana

Utah Poll Finds Strong Support for Medical Marijuana. A new Utah Policy poll has two out of three (66%) of Utahns in favor of medical marijuana, with only 28% opposed. The poll comes after the legislature failed to pass a medical marijuana bill this year. If the legislators are listening to their constituents, they will pass it next year.

Law Enforcement

Family of Florida Man Slain in Marijuana Raid Awarded $500,000. The family of Derek Cruice, who was shot in the face and killed during a small-time marijuana raid in Deltona, Florida, in March 2015, will receive $500,000 in a settlement from Volusia County. Cruice was unarmed when he was shot in his living room by a Deltona police officer. The officer was never charged with a crime.

International

Israeli Police Won't Stop Busting People for Marijuana. Even though a former police commissioner has called for the country's police to reexamine their approach to marijuana in the face of increasing acceptance of its use, police aren't taking up the suggestion. Instead, police have decided that "enforcement policies should continue as they are." One police officer said he needed to be able to bust drug users in order to get at dealers.

This Week's Corrupt Cops Stories

Detroit's dope squad scandal continues to fester, a Louisiana head narc gets caught with his hand in the cookie jar, and more. Let's get to it:

In Houma, Louisiana, the head of the Terrebonne Parish Sheriff's Office narcotics division resigned Monday, just days before he faces a federal court hearing. Major Darryl Stewart is accused of stealing more than $1,000 in federal money between April 2011 and December 2012. The money was for an underage youth drinking prevention program. Stewart appears in federal court on those charges Friday.

three Detroit police officers were indicted Wednesday on federal charges they conspired to bust drug dealers, steal their stashes, and even sell the stolen drugs themselves. Lt. David Hansberry, Officer Bryan Watson and Officer Arthur Leavells are part of a larger group of 11 Detroit Police Narcotics Unit officers named in civil cases alleging similar misconduct. These indictments supersede April 2015 indictments and add more charges. The federal government says the men surveilled big drug deals, then struck, "using their police authority to extort drugs, money and personal property." Hansberry faces 18 felony charges, Watson faces 16, and Leavells faces two, even though he's already copped to conspiracy to distribute drugs and is looking at a four-year mandatory minimum.

In Easton, Pennsylvania, a former East Stroudsburg University police officer pleaded guilty last Thursday to what are essentially "doctor shopping" charges. Matthew Bill, 42, had faced more than a dozen felony charges for obtaining hundreds of prescription pain pills by visiting at least 19 doctors. He copped to three counts of procurement of a controlled substance by fraud and was sentenced to three years' probation. 

Highway Drug Dog Searches: Two Diverging Trends in the Case Law [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Last year, in one of the Roberts' court's rare decisions not siding with law enforcement, the US Supreme Court ruled that police could not detain people pulled over for traffic violations in order to await the arrival of a drug-sniffing police dog. Once the traffic violation was dealt with, motorists were free to go, the court held.

"Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures," wrote Justice Ruth Ginsberg for the court's 6-3 majority in Rodriguez v. United States.

That case was a necessary antidote for police practices that evolved after the Supreme Court's decision in Illinois v. Caballes a decade earlier. In that case, the high court held the use of drug dogs during a traffic stop did not violate Fourth Amendment proscriptions against unwarranted searches and seizures because, in the court's rather involved reasoning, people carrying drugs have no expectation of privacy. Unlike the use of infra-red cameras to peer inside homes, which the court disallowed in an earlier case, the use of drug dogs would only reveal drugs, not other intimate details of one's life, so that was okay.

What came after Caballes was repeated reports of people being stopped for alleged traffic infractions on the highway, then forced to wait on the side of the road in a sort of legal limbo ("Am I under arrest?" "No." "Am I free to go?" "No.") for the arrival of a drug dog to conduct a search of their vehicles. Then, when the drug dog would "alert" to the presence of drugs, police had probable cause to search the vehicle, find the drugs, and arrest and charge the driver.

What also came after Caballes was people being arrested, convicted, and imprisoned for drug offenses after being detained for lengthy periods. Asserting that their rights had been infringed by the lengthy detentions, some of them appealed, arguing that the evidence against them should be suppressed because it was unconstitutionally obtained.

The situation festered until the Rodriguez decision was announced. Police would no longer have a free hand to hold people against their will while awaiting the drug dog's arrival. That should have reined in the cops, but it hasn't exactly worked out that way. Instead, two distinct lines of post-Rodriguez drug dog jurisprudence have emerged, one seeking to uphold and strengthen it, but the seeking to find work-arounds for drug-hunting police and their canine helpers.

Representative of Rodriguez's positive impact was last month's Kentucky Supreme Court decision in Davis v. Kentucky. In that case, an officer pulled over Thomas J. Davis for crossing the center line, administered field sobriety tests that Davis passed, then asked for Davis's consent to search the vehicle. Davis refused to consent to a vehicle search, at which point the officer had his drug dog sniff the exterior of the car, despite Davis's protests. The dog alerted, the car was searched, and police found methamphetamine and drug paraphernalia.

At trial, Davis moved to have the evidence suppressed as fruits of an unlawful search, but he lost at the trial level and reached an agreement to plead guilty while preserving his right to appeal the ruling on the motion. He was sentenced to 20 years in prison. The Kentucky Supreme Court reversed the conviction and sent the case back to the trial court.

"As recently clarified by the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), a police officer may not extend a traffic stop beyond its original purpose for the sole purpose of conducting a sniff search -- not even for a de minimus period of time," the state high court concluded. "Under Rodriguez, any nonconsensual extension of the detention beyond the time taken to verify Appellant's sobriety, unless accompanied by additional grounds to believe other criminal activity was afoot, was unconstitutional… With no articulable suspicion to authorize an extended detention to search for drugs, [the officer] prolonged the seizure and conducted the search in violation of Rodriguez and Appellant's Fourth Amendment protections."

"While Davis isn't perfectly clear, it strongly suggests that the use of drug dog without reasonable suspicion a crime has been committed offends the reasonableness clause of the Fourth Amendment, said John Wesley Hall, a Little Rock criminal defense attorney, former head of the National Association of Criminal Defense Attorneys (NACDL), and author of Search and Seizure, 5th Ed.

Keith Stroup, the founder and currently counsel for the National Organization for the Reform of Marijuana Laws (NORML), liked what he saw in Davis, too.

"This is a great decision," Stroup said. "It will help a lot of drivers, but it doesn't totally write drug dogs out. With no articulable suspicion to authorize an extended detention to search for drugs, the police are out of luck."

Police erred in this case, Stroup said, but not in the sense that the court meant.

"The mistake the cops made is that they didn't lie and claim they smelled marijuana," he said. "They will learn very quickly that the first thing to say is 'I smell marijuana.' Then they can at least do a search of the passenger compartment."

Still, Stroup pronounced himself pleasantly surprised at the ruling.

"In some states, the Supreme Court is very law enforcement-oriented and willing to give police the benefit of the doubt. That this came out of Kentucky is promising," he said.

The Kentucky case shows how the courts are applying Rodriguez to protect the rights of motorists, but other post-Rodriguez cases are heading in a different direction. As Hall notes on his Fourth Amendment blog linked to above, various US district and appellate courts are bending over backwards to find ways to allow drug dog searches to continue without any reasonable suspicion a crime is being committed.

"Dog sniff by second officer while first officer wrote ticket didn't extend stop," he wrote describing a case> out of the 7th US Circuit Court of Appeals.

"Dog sniff during the normal computer checks are valid," is how he characterized another case in federal district court in Georgia.

"GA holds that a dog sniff of a car before dispatch confirms ID is valid because it didn't extend the traffic stop," he wrote about another Georgia case.

The upshot of these and similar cases is that they provide an opening for police to get their drug dog searches in simply by delaying what should be routine, quickly accomplished, procedures, such as verifying license, registration, and outstanding criminal warrants. "I severely disagree with that case law," said Hall. "It just offends every sense of justice and privacy. It makes a car a target without any reasonable suspicion whatsoever, and it essentially rewards the cop with the drug dog in his car."

And he scoffs at the reported delays in those routine procedures. "The cops deliberately delay the response," he said. "As fast as these computers are, if it takes more than 60 seconds, it's complete bullshit. Or they call in the drivers' license number and it takes forever for the call to come back, so the cop can sit there and chat with you and try to find excuses to come up with reasonable suspicion.

Clearly, Rodriguez hasn't settled the issue. While law enforcement is now somewhat constrained in the use of drug-sniffing dogs on the highway, police -- and friendly courts -- are working assiduously to find ways to continue to use them. Ironically, the current state of the law could result in not fewer but more drug dogs on the highway, because under some of these rulings, the police officer who has a dog with him can get away with a quick sniff, while the officer who has to call and wait for one to arrive would be out of luck.

And that means the litigation likely isn't over. "The Supreme Court is going to have to take this up one of these days," said Hall. "This whole idea of pulling people over with dogs smacks of Nazi Germany."

This Week's Corrupt Cops Stories

An Oklahoma sheriff and his deputy went a bit too far with asset forfeiture efforts, a Louisiana sheriff and his narcs went a bit too far in mistreating prisoners, and more. Let's get to it:

In Abingdon, Virginia, a Washington County jail guard was arrested March 22 on charges he was smuggling drugs into the jail. Guard Justin Andrew Brown, 22, went down after officials were tipped that a guard was smuggling contraband. Brown now faces charges of intent to distribute an imitation controlled substance, conspiracy to distribute a Schedule II drugs, and attempt to deliver drugs to a jail. He was jailed at the same place he worked until he made bail days later.

In Berkeley Township, New Jersey, an Ocean County juvenile justice officer was arrested last Tuesday as she allegedly prepared to make a heroin sale in parking lot near an elementary school. Erica Kotelnicki, 35, is charged with heroin distribution. A search of her home yielded more heroin, cocaine, scales, and cash. She has been suspended without pay.

In Columbus, Indiana, a former Columbus police narcotics supervisor was arrested last Wednesday on charges he stole drugs from the evidence room. Jeremy Coomes, 38, supervised the Columbus Police Narcotics Unit until October 2015, when an audit turned up various discrepancies, including missing drugs. An Indiana State Police investigation pointed to Coomes, who they said took drugs and sometimes replaced them with different items. He faces a number of charges, including possession of methamphetamine, possession of cocaine, theft, and official misconduct.

In Wagoner, Oklahoma, the Wagoner County sheriff and a deputy were arrested last Thursday over their efforts to use civil asset forfeiture to take $10,000 from a motorist. Sheriff Bob Colbert and Deputy Jeffrey Gragg claimed they were going by the book in seizing what they claimed were drug proceeds, but a grand jury disagreed, indicting them on conspiracy, bribery, and extortion charges. Colbert and Gragg pulled over a driver and his passenger, then arrested them for "possession of drug proceeds" when they declared they owned the cash. The driver then asked what he could do to stay out of jail and Gragg told him that the only way he was "going to go home was to disclaim his ownership in the $10,000." The sheriff and his deputy then released the pair and deleted records of their arrests. The money was placed in the sheriff's asset forfeiture fund.

In Edcouch, Texas, a former Edcouch police officer was arrested last Friday on charges he took cocaine from a March 2013 drug seizure. Vicente Salinas allegedly switched out four of 15 bundles of cocaine that had been turned over to the Hidalgo County Task force. No word on what the official charges are.

In New Orleans, a ninth Iberia Parish sheriff's deputy pleaded guilty last Thursday in a growing investigation into the sheriff's office. Deputy Jeremy Hatley pleaded guilty to deprivation of rights and making false statements in a case that centers around the repeated beating of inmates by deputies, including six former department narcotics agents. The deputies who copped pleas are expected to testify against Iberia Parish Sheriff Louis Ackal and Lt. Gerald Savoy, who had initial court appearances last week.

In Leesburg, Virginia,a former Loudon County sheriff's deputy was found guilty last Thursday of stealing $229,000 from the department's asset forfeiture program. Frank Pearson, 45, was found to have been sticking his hand in the cookie jar for more than a decade, even though he bizarrely claimed to have no memory of doing so. He's looking at up to 10 years in prison.

In Miami, a former Miami Police officer was sentenced last Friday to nearly four years in state prison for taking money for offering protection during drug deals. Jose Maldonaldo Dick, a seven-year veteran of the force, had been charged with two counts of armed cocaine trafficking, which is punishable by up to life in prison, but copped to a single count of providing protection for a drug dealer and being paid to do so. Dick has already spent 18 months behind bars awaiting trial.

Chronicle AM: NYPD Targets Addicts for Felony Dealing Busts, DC Cannabis Club Ban, More... (4/5/16)

Bernie talks pot in Wisconsin, Pittsburgh is a mayor's signature away from pot decriminalization, the DC city council votes to ban social consumption, NYPD narcs are targeting street addicts for felony trafficking busts, and more.

Marijuana Policy

Bernie Sanders Talks Marijuana Legalization in Final Wisconsin Speech. Democratic presidential contender Bernie Sanders sought to win votes in Wisconsin Sunday night by not only hitting his standard themes of economic inequity, but also emphasizing his progressive marijuana and drug policy approach, including removing marijuana from the Controlled Substances Act. "Today, under the Federal Controlled Substance Act, marijuana is listed as a schedule one drug alongside of heroin," said Sanders. "Now we can argue when scientists do the pluses and minuses of marijuana, but everyone knows marijuana is not a killer drug like heroin." The Vermont senator also addressed racial disparities in marijuana law enforcement: "(Criminalization of marijuana) becomes a racial issue as well, because it turns out that blacks and whites smoke marijuana at equal levels," Sanders said. "Blacks are four times more likely to get arrested for marijuana than are whites."

Pittsburgh Council Approves Decriminalization. The city council voted 8-1 Tuesday to make small-time marijuana possession a summary offense rather than the misdemeanor mandated by state law. Mayor Bill Peduto now has 10 days to sign the ordinance. Possession of small amounts will now be punishable by a $25 fine, with a $100 fine for smoking in public.

DC Council Votes to Ban Marijuana Social Clubs. The council voted 7-6 Tuesday to uphold a ban on marijuana consumption outside of private homes, making the ban permanent. The move is a reversal from the council's earlier position, which was to enact a temporary ban and set up a task force to study the issue.

Medical Marijuana

Marijuana Reform Groups Call for Hearings on CARERS Act. The Drug Policy Alliance, Americans for Safe Access, and the National Cannabis Industry Association have all issued calls for the US Senate to take up the CARERS Act (Senate Bill 683), which would protect state-legal medical marijuana activities from federal interference. The bill, filed by Sens. Cory Booker (D-NJ), Kirsten Gillibrand (D-NY), and Rand Paul (R-KY) has been stuck in the Senate Judiciary Committee for more than a year. Committee Chair Sen. Charles Grassley (R-IA) has refused so far to let it move.

Oklahoma CBD Bill Advances. Last year, the legislature approved a bill allowing children with epilepsy to use CBD cannabis oils, and now it is moving to allow adults to use it as well. A Senate committee approved House Bill 2835, which would remove the age restriction. The measure has already passed the House and awaits a Senate floor vote.

Law Enforcement

NYPD Is Busting Low-Level Addicts for Small-Time Drug Sales, But Ignoring Dealers. The NYPD is using undercover narcotics officers to seek out drug addicts, ask them for help in scoring drugs, give them money to make the buy, and then arresting them on felony drug trafficking charges. The narcs didn't even bother to go after the dealers the small-time addicts were scoring from, the New York Times reports. Last year, nearly 5,000 people were charged with dealing small quantities of heroin or cocaine.

International

Europe Spends $27 Billion a Year on Illicit Drugs, Monitoring Agency Says. The European Monitoring Center for Drugs and Drug Addiction (EMCDDA) said in a report Tuesday that EU citizens shell out about $27 billion for illicit drugs each year."Illicit drug production and trafficking remains one of the largest and most innovative criminal markets in Europe," Europol director Rob Wainwright said in a statement.

(This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays 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.)

Virginia Cop Gunned Down Last Week Was Doing a Drug War Training Exercise

The Virginia State Trooper shot and killed at the Greyhound Bus Station in Richmond, Virginia, last week died while on a drug war training exercise aimed at patrons of the transportation hub.

Trooper Chad Dermyer, 37, was gunned down by James Brown III, an Illinois man with a lengthy criminal record, who in turn was shot and killed by Dermyer's colleagues. Two women were wounded in the gunfire, neither with life-threatening injuries.

The two fatalities come as a shock, but hardly a surprise. According to Drug War Chronicle, which has been tallying deaths directly related to domestic drug law enforcement activities since 2011, the killings bring this year's total to eleven. Over the past five years, drug war deaths have occurred at a pace of roughly one a week, and this year so far is about on track.

Of those 50 or so drug war deaths each year, only a handful have been police officers. But Dermyer is the second law enforcement officer to be killed upholding drug prohibition in a 10-day period: An Indiana deputy was killed March 22 in a misbegotten midnight drug raid over a single syringe.

In Richmond last Thursday, as Fox 10 TV reported:

State Police were at that station for a training exercise on how to intercept drugs at bus terminals, which are often critical transfer points for narcotics. Dermyer had just been training for his new position around 2:40 when he was shot by a man he approached as part of that training, according to State Police.

"The male subject pulled out a handgun and shot Chad multiple times," Virginia State Police Superintendent Col. W. Steven Flaherty said. "The male subject continued firing his weapon, as two state police troopers opened fire."

The Washington Post added a bit more detail:

[State Police Superintendent W. Steven] Flaherty said Dermyer and other troopers were at the station to train for what is called a counterterrorism and criminal interdiction unit. The unit is assigned to public transit areas and highways to identify and question people deemed suspicious. It is a way of intercepting drugs and guns.

Dermyer, wearing a dark blue uniform that resembles fatigues, had started to question the man when the assailant pulled out a gun and shot the trooper, police said. Dermyer was not wearing a protective vest.

Flaherty said the conversation lasted about 30 seconds. He said he did not know what drew Dermyer's attention to the man. Two other troopers returned fire, police said. Flaherty said the squad's training assignment was: " 'If you see some suspicious behavior, go over and engage and have a conversation.' That was what was taking place here."

While it may have been a "training exercise," what police were doing was surveilling and accosting real people in real life. And it got very real indeed when Dermyer stopped Brown, who was armed and who had an extensive criminal record, with arrests on counts ranging from the petty -- "failure to obey police, resisting a corrections officer, numerous drug charges" -- to the ugly -- "aggravated battery of a pregnant woman" -- to the quite serious -- "murder, intent to kill, aggravated battery with a firearm, felony possession of a weapon." (It's not clear which of those arrests actually resulted in convictions and on what charges.)

According to his aunt, who helped raise him and with whom he stayed until she kicked him out in December, Brown really didn't like cops. The aunt, Edith Brown of suburban Chicago, told WTVR News Brown had been to prison and had had enough.

"He said he would never go back to prison again," she said. "He would fight it out with them. He had a lot of anger about the police in the past," she said. "He pretty much thought he wanted to be infamous... in terms of having a showdown. He always praised those people who got into shootouts with police."

It's difficult to tease out the role of drug prohibition in the incident where Dermyer's and Brown's lives intersected -- and ended. It's embedded in an intricate tapestry of race and class, crime and criminalization, permanent paranoia and militarized policing. But the war on drugs is one of the threads, and now, two more people are dead.

Richmond, VA
United States

Chronicle AM: More Obama Commutations, SC Town Pays Big for Killing Teen in Pot Bust, More... (3/30/16)

The president has commuted sentences for another 61 federal drug offenders, Maine legalizers are fighting to get their signatures validated and their initiative on the ballot, a South Carolina town pays out big for the death of a local teen in a small-time pot bust, and more.

Zach Hammond's family has settled a lawsuit over his death in a small-time pot sting operation gone bad. (Hammond family photo)
Marijuana Policy

Maine Senate Approves Marijuana DUID Bill. The Senate voted 19-14 Wednesday to pass LD 1628, which establishes a blood level for THC over which the driver is presumed to be impaired. The bill sets the limit at 5 nanograms of THC per milliliter of blood, the same as the states of Colorado and Washington. The bill now goes to the House.

Maine Legalization Campaign Gets Hearing On Invalidated Signatures. At a court hearing Wednesday, the Campaign to Regulate Marijuana Like Alcohol fought to get more than 17,000 invalidated signatures reinstated. The campaign accused Secretary of State Matthew Dunlap of using an "unconstitutionally vague" interpretation of election laws to invalidate the signatures -- all of which were notarized by the same person. Dunlap said the notary's signature didn't match his on-file signature. By invalidating the 17,000 signatures, Dunlap ensured that the initiative campaign would not qualify for the November ballot. The court has until April 11 to render a decision.

Oregon Governor Signs Marijuana Edibles Bill. Gov. Kate Brown Tuesday signed into law Senate Bill 1511, which allows people 21 and over to purchase edibles and extracts at dispensaries. The bill also allows recreational pot stores to sell medical marijuana tax-free to registered patients.

Medical Marijuana

Rhode Island Patients Protest Proposed Medical Marijuana Tax. Protestors gathered at the State House Tuesday to just say no to Gov. Gina Raimondo's (D) plan to impose a tax on patient and caregiver growers. "We have pain, we have cancer, taxing us is not the answer," they chanted. Under her plan, caregivers would have to pay $350 per plant and patients who grow their own would have to pay $150. The protest took place just before the House Finance Committee took up the proposal.

Heroin and Prescription Opioids

Full Transcript of President Obama's Atlanta Remarks on Heroin and Pain Pills. The White House has released the full transcript of the discussion panel in which President Obama took part Tuesday as part of the National Prescription Drug Abuse and Heroin Summit in Atlanta. Click the title link for the transcripts.

Law Enforcement

Family of Zach Hammond Settles Police Killing Lawsuit. The South Carolina teenager was shot and killed by police last summer as he sat in his pick-up truck. The teenage girl who was his passenger was the target of an attempted bust over the sale of a bag of weed, and police shot Hammond as he attempted to pull away from the scene. His family has settled the lawsuit for $2.1 million. State investigators last year concluded that the killing was justified, but the city has just paid up.

Sentencing

Obama Pardons More Drug Offenders. President Obama today granted clemency to 61 more federal drug offenders, more than a third of whom were serving life sentences. That brings to 248 the number of sentences commuted by Obama, more than the six previous presidents combined. He was also set to meet today with people whose sentences had been commuted by previous presidents to discuss their experiences with reentry and how the process can be strengthened. On Thursday, he will hold a Life After Clemency briefing at 2:00pm EDT, which can be viewed live at www.whitehouse.gov/live.

Drug War Issues

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