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

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

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

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

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

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

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

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

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

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

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

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

Credico has a remedy for that: Elect him.

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

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

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

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

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

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

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

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

And it's not just marijuana, Credico said.

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

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

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

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

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

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

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

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

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

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

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

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

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

New York City, NY
United States

This Week's Corrupt Cops Stories

Narcs gone bad, evidence gone missing, cops gone over to the other side, and another jailer in trouble. Just another week in the drug war. Let's get to it:

In Pontiac, Michigan, prosecutors have dismissed 16 drug cases after an investigation determined a deputy on the county's narcotics enforcement team falsified a search warrant and lied under oath. Deputy Marc Ferguson, 47, a 24-year law enforcement veteran who was fired in December, opened a shipping container without a warrant in June 2011 and discovered 78 pounds of marijuana. He then resealed the container and sought a search warrant from a Pontiac magistrate, signing a sworn affidavit under oath that asked for permission to open the container. Ferguson later denied on the witness stand that he opened the container without a warrant. Drug charges against the defendant in that case were dropped in September, and since then, prosecutors have been sifting through other cases involving Ferguson and have dismissed 15 more in which he was central to the investigation. No word yet on any possible perjury charges.

In Quantico, Virginia, the town's acting police chief and sole other full-time officer resigned last Tuesday in the wake of an audit that found the department had missing drugs, guns, and cash. At least $1,080 in cash was missing from the evidence room, along with an unknown quantity of marijuana and four handguns. Acting Police Chief Howard Castle and Officer Daryl Robinson resigned at a city council meeting. Three of the four handguns have been recovered, and the state continues to investigate. The town has also ordered polygraph tests for its department, which includes four certified volunteer officers.

In South Lake Tahoe, California, a former South Lake Tahoe police officer was arrested last Thursday on charges he tipped off drug traffickers to upcoming busts, tampered with witnesses, and had sex with underage students at a Lake Tahoe high school. John "Johnny" Poland had been on administrative leave for the past year after an investigation that began in March 2010, when he was observed associating with suspects tied to a plot to kill a gang investigator on the police force. He is accused of engaging in sexual conduct with a 17-year-old high school student when he was school resource officer from 2003 to 2006, and since then, engaging in a pattern of behavior using his position of power to groom underage girls for sex, leak confidential police information to gang members and intimidate potential witnesses. His charges include two counts for corruptly persuading a person to alter, destroy or conceal an object's integrity or availability for use in an official proceeding, and attempting to do so; and three counts for corruptly persuading another person with the intent to influence the testimony of any person in an official proceeding, and attempting to do so. He is portrayed as being in a love triangle with the girlfriend of a gang leader and as making calls on his personal cell phone to methamphetamine dealers before execution of federal search warrants. At last report, he was being held without bail in the Sacramento County Jail.

In Putnamville, Indiana, a Putnamville jail guard was arrested last Saturday for smuggling drugs in to an inmate. Andreas Kirby, 20, went down after setting off the alarm on a metal detector at work at the jail, and after being interviewed by a police officer, surrendered three packages that were concealed in his groin area. He is charged with trafficking with an inmate, possession of cocaine, possession of marijuana, and two counts of possession of a controlled substance. He had only been on the job since September.

In Houston, two Houston police officers were arrested Sunday on charges they took bribes and allowed cocaine to be smuggled and distributed in the Houston area. Officers Emerson Canizales and Michael Miceli allegedly conspired in December to possess cocaine and received payments of $1,000 each for providing protection. They are charged with conspiracy to possess cocaine with intent to distribute and accepting bribes for protection services.

Pregnant Oklahoma Woman Seeks Medical Treatment, Is Jailed Instead, Dies

A pregnant Oklahoma woman who went to a hospital seeking treatment for extreme pain was instead jailed after police found pain pills on her and died in jail shortly thereafter. Jamie Lynn Russell, 33, becomes the third person to die in US domestic drug law enforcement operations so far this year.

Pauls Valley General Hospital (pvgh.net)
According to KFOR-TV News Channel 4 in Oklahoma City, Russell went to the hospital in Pauls Valley seeking help for severe abdominal pain. Hospital staff reported that Russell wouldn't cooperate and was in too much pain to even lie down, so they asked a Paul's Valley police officer to assist.

And that's when Russell's medical emergency morphed into a drug bust. The police officer found two prescription pills on her for which she did not have a prescription, so she was arrested and jailed on drug possession charges. She was found unresponsive in her cell less than two hours later.

"There is nothing my staff in the jail could've done differently," Garvin County sheriff Larry Rhodes said. "She had a medical release from the hospital stating that she was fit for incarceration," Rhodes said. "It's very regrettable for the family. My heart and prayers go out to them."

The Oklahoma State Bureau of Investigation has cleared the jail staff of any criminal wrongdoing.

The state medical examiner's office later confirmed that Russell died from a ruptured ecoptic pregnancy, where the embryo implants outside the uterus.

Russell's friends and family are pointing the finger at the hospital. "Jamie was seeking help; she was in extreme pain," family friend Kemper Kimberlin told KFOR. "We want to see this come to light. Something's wrong and needs to be fixed."

It may take a civil wrongful death lawsuit to find out exactly what's wrong -- and how a hospital can turn a pain-tormented woman over to police to be jailed instead of treated.

Pauls Valley, OK
United States

This Week's Corrupt Cops Stories

There's something fishy in a Virginia evidence room, a Louisiana deputy gets in trouble for peddling fake weed, three suburban Chicago cops were running a dirty racket, an NYPD cop gets himself arrested, and a Miami cop gets himself convicted. Let's get to it:

In Quantico, Virginia, evidence has gone missing from the police department evidence room, an outside audit revealed. Among the missing items are $1,000 in cash, marijuana, and a Sig Sauer handgun. The audit also showed a 12-gauge shotgun and a .45 caliber pistol in evidence, but no documentation telling from where they came. The town council has required some police to take polygraph tests, and the Virginia State Police Bureau of Criminal Investigations is investigating.

In Jefferson, Louisiana, a Jefferson Parish sheriff's deputy was fired last Thursday when a Sheriff's Office investigation determined that he had been selling synthetic marijuana online after it was outlawed in Louisiana. Scott Sigur is alleged to have made at least three sales of the synthetic cannabinoid JWH-018 after it was banned in August 2010 and to have profited to the tune of $50,000 to $80,000. The sheriff said that the results of the investigation had been forwarded to the district attorney's office and that criminal charges were pending.

In Schaumberg, Illinois, three Schaumberg police officers were arrested last Wednesday on charges they robbed drug dealers and sold their wares. Officers John Cichy, 30, Matthew Hudak, 29, and Terrance O'Brien, 47, are accused of stealing dealers' stashes while executing search warrants, then reselling the cocaine, heroin, and marijuana, and pocketing the cash. The dirty trio went down in a DEA investigation that included an informant who wore a wire. They were caught on surveillance video and audio recordings robbing local dealers of drugs and cash as they executed search warrants on homes and cars. They would take the drugs to a storage locker, where a fourth man would pick them up and sell them. Police recovered 275 grams of cocaine from the locker. All three are on leave pending the outcome of the criminal investigation. They are charged with a string of crimes, including burglary, manufacturing or delivering between 100 and 400 grams of cocaine, official misconduct and theft between $10,000 and $100,000 in a school or place of worship. At last report, they were all behind bars on $750,000 cash bail.

In New York City, an NYPD officer was indicted last Thursday on charges he falsified paperwork to cover up his involvement in an illegal search and arrest. Officer Isaias Alicea is charged with 10 counts of offering a false instrument for filing and two counts of official misconduct. According to the District Attorney's Office, the charges result from a February 2012 drug sales case in which the charges have been dismissed.

In Miami, a Miami police officer was convicted last Friday of planting drugs on suspects, stealing money from drug dealers, and lying to investigators. Sgt. Raul Iglesias, 40, was convicted of eight charges following a two-week jury trial. Evidence at his trial showed that he planted cocaine on one suspect and stole drugs and money from others. Other evidence showed that $800 went missing from a box of money Iglesias thought was drug profits. In fact, the money was an FBI plant. Four detectives in his unit testified against him. He's looking at up to 20 years in prison when he is sentenced in March.

Orlando Man is Year's Second Drug War Death

One of two men shot by Orlando police inside a home during a drug investigation last Wednesday night died the following day. Karvis Jabbar Gamble, 19, becomes the second person to die in US domestic drug law enforcement activities so far this year.

Police told WKMG TV that five people were in the home when officers knocked on the door and that two of them resisted.

"A subject sitting inside the front room immediately reached for a handgun, pulled it up and started pointing at the officers," said Orlando police sergeant Jim Young. "A second subject inside the house comes running out of a back room. He ignored all officers' commands. He began to reach into his waistband."

Two different police officers opened fire, each striking one of the men. The other man shot by police, Cordaryl Leojermane Wilson, 25, has been charged with possession of MDMA/Ecstasy, possession of cannabis, possession of drug paraphernalia, and resisting arrest without violence.

Police said they recovered three guns, two of which were reported stolen, as well as drugs.

Neighbors told WKMG that they heard as many as five gunshots coming from the home. Relatives said it doubled as a studio for aspiring musicians.

Other witnesses told WKMG there were no guns or drugs at the house, and that police never identified themselves.

"All (the officer) did was open the door. They never said, 'OPD,' or nothing.  They just shot him," a man said.  "Who really would point a gun at the police? You know what's going to happen."

The two officers who shot their weapons will be placed on administrative leave pending the outcome of a departmental investigation.

At this point, it is unclear whether police were uniformed or undercover and whether they were serving a search warrant or engaging in a "knock and talk" investigation.

Orlando, FL
United States

Can the DEA Hide a Surveillance Camera on Your Land? [FEATURE]

special to Drug War Chronicle by investigative journalist Clarence Walker, cwalkerinvestigate@gmail.com

A case that began with reports of suspicious activity in northeast Wisconsin forest land last spring may be headed for the US Supreme Court. That's because a US district court judge ruled in the case last fall that it was okay for the DEA to enter the rural property without a warrant and install surveillance cameras that were used to help convict five members of a family on charges they were growing marijuana.

http://stopthedrugwar.com/files/dea-camera.jpg
surveillance camera (shutterstock.com)
The ruling last October came in a motion to suppress the evidence obtained by the warrantless video cameras. After that ruling, the defendants, five members of the Magana family, pleaded guilty to possession with intent to distribute marijuana and now face up to life in prison and up to $10 million in fines. But as part of the plea deal, they retained their right to appeal the ruling.

And their attorneys say they are prepared to take the case all the way to the US Supreme Court.

In their motion, they had asked the court to suppress evidence because of the property's locked gate and "No Trespassing" sign. Since the properties were heavily wooded and posted with signs, the owners were entitled to an expectation of privacy, the attorneys say.

"After sentencing, the first round of appeals will go to the Seventh Circuit and if there's no favorable ruling there, the cases will be filed into the US Supreme Court," Wisconsin attorney Stephen Richards told the Chronicle last week.

"That one's action could be recorded on their own property even if the property is not within the curtilage is contrary to society's concept of privacy," said Green Bay attorney Breet Reetz, who represents Marco Magana.

Curtilage is a term of legal art referring to the area of a property immediately surrounding a house or dwelling. Past Supreme Court jurisprudence, particularly US v. Oliver, had held under the "open fields" doctrine that areas outside the curtilage are not subject to the same Fourth Amendment protection as a home itself. "An individual may not legitimately demand privacy for activities conducted out of doors in fields, except in the area immediately surrounding the home…," the court held in Oliver. (Perhaps not coincidentally, Oliver was another marijuana cultivation case, in which Kentucky deputies walked a mile onto the property before spotting a marijuana field. Their search was upheld.)

It all began in rural Marinette County last May, when a fishermen reported to local authorities that he had been run off the land by two men who told him "fishing is closed" and that he had observed trees cut down and power lines running across the property. Authorities investigated and found the property and two more adjacent properties were owned by members of the Magana family, which had purchased them months earlier.

Authorities left it at that until the following month, when a logger reported that when he had gone to check on a timber stand at one of the properties, he stumbled over a marijuana cultivation operation with more than 30 plants in a 50' x 50' clearing. The DEA then was called in and entered the Magana's properties without a warrant. Agents installed video cameras that eventually captured incriminating evidence of vehicles traveling in and out of the properties.

It wasn't until the DEA observed some of the men handling what believed to be marijuana did they go and request a warrant. A warrant was signed and the agents, accompanied by several local sheriff officers, executed the warrant and arrested the men at separate addresses near Green Bay.

The bust was big news in Marinette County.

"You've got thousands of plants, and as healthy as they look, this is a big operation," Sheriff Jerry Suave told local reporters at the time. The grow is probably "the largest I've seen," he added.

Before trial, set for the fall, counsel for the Maganas filed a motion to suppress the evidence, informing the court that videos from the surveillance camera showed dates that indicated that the camera had been running for 79 consecutive hours before DEA agent Steven Curran obtained a search warrant for the property.

"It is undisputed that the government trespassed without a warrant upon private property with visible 'No Trespassing' signs" posted," Reetz wrote in the motion, noting that the camera had operated from July 12 to July 15, but the warrant wasn't issued until July 17. Nor were there any "exigent circumstances" that would have allowed officers to enter the property without a warrant.

Federal prosecutors were ready with a response.

"Officers entering an 'open field' is not an area enumerated as protected under the Fourth Amendment," countered Assistant US Attorney for Eastern Wisconsin James Santelle. "'Open fields,' woods, and private lands are not 'persons, houses, papers, and effects' protected under the Constitution."

That was good enough for Eastern Wisconsin US District Court Chief Judge William Griesbach, who dismissed the defense motion and ruled that it was legal for the DEA to go onto private property without a warrant to install multiple covert digital cameras, and to use the evidence they obtain that way to obtains warrants and in court. Citing US v. Oliver, Griesbach held that the rural properties were curtilage and not protected by the Fourth Amendment.

But the Maganas' attorneys and other legal experts argue that even though "open fields" are not considered curtilage, if "No Trespassing" or "Private Property" signs are posted on the land, the property owner should still be entitled to an expectation of privacy under the law. And they are willing to take their argument to the highest court in the land.

"We have become a nation of men and not a nation of laws, which, is what our founding fathers didn't want us to become," Reetz said.

After formal sentencing, the case heads for the US 7th Circuit Court of Appeals. If Reetz and Richards don't prevail there, it is on to the Supreme Court. If the court were to take up the case, it would once again have the opportunity to try to untangle the dilemmas that result when the Fourth Amendment runs up against new technologies, for better or worse.

Green Bay, WI
United States

This Week's Corrupt Cops Stories

Corrupt cops are headed to prison in Honolulu, Chicago, and Bridgeport, Connecticut, and one in Houston will be joining them soon. Let's get to it:

In Houston, Texas, a former Harris County deputy sheriff pleaded guilty last Friday to providing protection for what he thought was a shipment of marijuana or drug money. Jesus Martinez went down in a sting when an informant met with an undercover police officer who pretended to be engaged in a drug transaction. As planned, Martinez then rolled up in his patrol vehicle to provide an escort. He was subsequently indicted and copped a plea to aiding the possession of a controlled substance. He's looking at up to 20 years in federal prison.

In Honolulu, a former Honolulu police officer was sentenced last Thursday to four months in federal prison for lying to investigators when he denied disclosing the identity of a confidential informant to a known drug dealer. Richard Wayne Raquino, 41, a 20-year veteran of the force also provided the description of an undercover vehicle and provided information on how to identify and elude police surveillance. He had earlier pleaded guilty to making false statements to federal investigators. He must surrender to begin serving his sentence by February 13.

In Bridgeport, Connecticut, a former TSA officer was sentenced last Friday to more than five years in federal prison for taking bribes to help move drugs through airport security without being detected. Christopher Allen, who worked at Palm Beach International Airport in West Palm Beach, Florida, pleaded guilty in April 2012 to one count of extortion and one count of receiving a bribe. He went down in "Operation Blue Coast," a probe of large-scale trafficking of oxycodone pills from Florida to Connecticut.

In Chicago, a former Chicago police officer was sentenced last Friday to 19 years in federal prison for stealing money and drugs from drug dealers and turning it over to the Latin Kings gang. Alex Guerrero admitted robbing drug dealers while in uniform, leaving the impression the rip-offs were official investigations. He also admitted being a Latin Kings member. He pleaded guilty last year to federal charges of racketeering, conspiracy to possess with intent to distribute cocaine and marijuana, interfering with commerce by threats or violence and carrying a gun during crimes of violence and drug trafficking.

Utah Cops Interrupt Husband's Last Goodbyes to Grab Dead Woman's Pain Pills

Barbara Alice Mahaffey, an elderly resident of Vernal, Utah, died at home of colon cancer on May 21 as her husband of 58 years stood at her side. The death of his long-time spouse was bad enough, but what came next has Ben Mahaffey furious -- and heading to court.

Barbara Alice Mahaffey (family photo)
Mahaffey, 80, filed a lawsuit against the city of Vernal earlier this month charging that Vernal police interrupted his last goodbyes by searching his house for her prescription pain medication without a warrant within minutes after her death. Mahaffey said he was distraught and trying to ensure that his wife's body would be transported to a funeral home with dignity when police insisted he help them look for drugs.

"I was holding her hand and saying goodbye when all the intrusion happened," he told the Deseret News.

According to Mahaffey, his wife died at 12:35am with him and an EMT at her side. About 10 minutes later, a mortician and hospice worker arrived, accompanied by police. Mahaffey says he doesn't know how police came to be there, but that they treated him as if he were going to sell the drug on the street.

His wife had prescriptions for Oxycontin, oxycodone, and morphine. Such heavy-duty opiates are commonly used by people in end-stage cancer. They are also highly sought after by people who are self-medicating, using them for recreational purposes, or addicted to them.

"I was indignant to think you can't even have a private moment. All these people were there and they're not concerned about her or me. They're concerned about the damned drugs. Isn't that something?" he said. "I had no interest in those drugs. I'm no addict."

According to the lawsuit, Mahaffey asked Vernal city officials and police leaders how they could search his home without a warrant and was told that they could do so under the Utah Controlled Substances Act. The lawsuit also claims that city manager Ken Bassett pooh-poohed his concerns, saying he was being "overly sensitive" and that police were just trying to protect the public from diverted prescription drugs. Mahaffey described city officials as "rude" and "condescending."

His attorney, Andrew Fackrell, told the Deseret News the warrantless search was both unlawful and uncalled for. There is nothing in the state's drug law that permits entering homes to search for prescription drugs without a warrant, he said.

"I don't believe the public would intend for the government to be rummaging through your cupboards while your wife is lying in the next room being prepared to be taken to her final resting place," Fackrell said. "That's an extraordinary invasion of privacy."

Fackrell added that it is apparently common practice for Vernal police to search for prescription drugs without a warrant after someone dies, but that it is done selectively. While some cities have prescription drug "take back" programs, he said, the Vernal police approach takes that to  "an absurd level."

Mahaffey said he was concerned about eroding rights.

"The whole thing, when think about it after the fact, is so stupid," he said. "My basic motivation was 'Gee, I don't want this to happen to other people.'"

The lawsuit names the city of Vernal, city manager Bassett, and four members of the Vernal Police. It alleges the action by police violated Fourth Amendment rights to be free of unwarranted search and seizure and 14th Amendment rights to equal protection under the law.

The city and the individual plaintiffs have not publicly commented on the lawsuit.

Vernal, UT
United States

First Drug War Death of the Year

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tampa, FL
United States

This Week's Corrupt Cops Stories

Texas cop wanted cash to make a pot possession arrest go away, Hawaii cop had his own pot garden, Philly cop was peddling 'roids, and then there's the requisite prison guard. Let's get to it:

In San Antonio, Texas, a San Antonio police officer was arrested last Thursday for taking $500 from a man he arrested with marijuana to make the charges go away. Officer Curtis Lundy, 36, went down in a sting after the man he had arrested contacted the FBI. Under FBI supervision, the man then recorded cell phone calls with Lundy in which the pair made arrangements to meet for the payment, and when he arrived in his marked squad car, surveillance teams watched him collect an envelope containing the $500 from the man. He was charged with theft of honest services by wire fraud and if convicted, face faces up to 20 years in federal prison and a maximum $250,000 fine. For now, Lundy is in on administrative leave with pay. He was released on a personal recognizance bond last Friday.

In Philadelphia, a former Philadelphia police officer was sentenced last Monday to four years in federal prison for running an illicit steroid and human growth hormone distribution ring. Keith Gidelson, 36, pleaded guilty to conspiracy to distribute anabolic steroids after prosecutors charged he purchased monthly shipments from suppliers in Europe and China, which he would then repackage and sell in area fitness clubs and out of his home. Gidelson was taken into custody immediately to begin serving his sentence. Two other former Philly cops have also pleaded guilty in the case and await sentencing.

In Monterey, California, a former state prison guard was sentenced last Wednesday to six years in state prison for smuggling drugs and cell phones to inmates in return for cash. Former guard Jose Fuentes had worked at the Correctional Training Facility State Prison in Soledad, where the court found he had systematically smuggled the items into the prison over a two-year period. He was convicted of bribery.

In Honolulu, Hawaii, a former Honolulu police officer was sentenced last Thursday to eight months in jail for growing marijuana with his girlfriend. Michael Steven Chu has until February 13 to turn himself in. Chu had pleaded guilty to conspiracy to grow and possess marijuana after DEA agents arrested him last April and found two separate residential marijuana grows, as well as a pound of pot in his vehicle. The girlfriend gets sentenced next month.

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