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Is There a Perfect Storm for Federal Sentencing Reform? [FEATURE]

After decades of ever-increasing resort to mass incarceration in the United States, we seem to be reaching the end of the line. Driven in large part by economic necessity, state prison populations have, in the past three years, begun to decline slightly. The federal prison system, however, continues to grow, but now, there are signs that even at the federal level, the winds of change are blowing, and the conditions are growing increasingly favorable for meaningful executive branch and congressional actions to reform draconian sentencing policies.

prison dorm
There are currently more than 100,000 people incarcerated in federal prisons for drug offenses, or nearly half (47%) of all federal prisoners. The federal prison population has expanded an incredible eight-fold since President Ronald Reagan and a compliant Congress put the drug war in overdrive three decades ago, although recent federal prison population increases have been driven as much by immigration prosecutions as by drug offenses.

Earlier this week, the Chronicle reported on Attorney General Holder's speech to the American Bar Association in San Francisco, where he announced a comprehensive federal sentencing reform package with a strong emphasis on drug sentencing, especially a backing away from the routine use of mandatory minimum sentencing via charging decisions by federal prosecutors.

"A vicious cycle of poverty, criminality and incarceration traps too many Americans and weakens too many communities," Holder said Monday. "However, many aspects of our criminal justice system may actually exacerbate this problem rather than alleviate it. Too many Americans go to too many prisons for far too long and for no good law enforcement reason. We cannot simply prosecute or incarcerate our way to becoming a safer nation."

On drug sentencing, Holder said he would direct US attorneys across the country to develop specific guidelines about when to file federal charges in drug offenses. The heaviest charges should be reserved for serious, high-level, or violent offenders, the attorney general said.

But while Holder outlined actions that can be taken by the executive branch, he also signaled administration support for two pieces of bipartisan sentencing reform legislation moving in the Senate. Those two bills, the Justice Safety Valve Act (S. 619), introduced in the spring, and the Smarter Sentencing Act (S. 1410), introduced just last week, have better prospects of moving forward now than anything since the Fair Sentencing Act passed three years ago. .

Pat Leahy
That's because it's not just Democrats or liberals who are supporting them. The Justice Safety Valve Act, sponsored by Sens. Rand Paul (R-KY) and Patrick Leahy (D-VT), has not only the usual suspects behind it, but also The New York Times, conservative taxpayer advocate Grover Norquist, and a group of 50 former prosecutors. And, somewhat surprisingly, that bane of liberals, the American Legislative Exchange Council (ALEC), just came out in with model legislation mirroring the act's provisions.The Justice Safety Valve Act would allow federal judges to sentence nonviolent offenders below the federal mandatory minimum sentence if a lower sentence is warranted.

The other bill, the Smarter Sentencing Act, also has bipartisan support and was sponsored by Sens. Dick Durbin (D-IL) and Mike Lee (R-UT). It would reduce some federal mandatory minimum sentences, make a modest expansion to the safety valve provision (though continuing to exclude anyone previously incarcerated in prison for more than 13 months in the past 10 years), and make the 2010 Fair Sentencing Act applicable to persons sentenced before its enactment, which would reduce sentences for people convicted of crack cocaine offenses.

The Justice Safety Valve Act has companion legislation in the House, again bipartisan, sponsored by Reps. Bobby Scott (D-VA) and Thomas Massie (R-KY). And another House bill, the Public Safety Enhancement Act (H.R. 2656), cosponsored by Scott and Rep. Jason Chaffetz (R-UT), would allow certain federal prisoners to be transferred from prison to community supervision earlier if they take rehabilitation classes, thus saving taxpayer money while improving public safety.

Only bolstering the case for further sentencing reform is the US Sentencing Commission's preliminary report on crack retroactive sentencing data, released late last month. That report found that some 7,300 federal crack defendants received an average 29-month reduction in their sentences, saving roughly half a billion dollars in imprisonment costs without an concomitant increase in crime rates.

"Taxpayers have received the same level of crime control but for a half- billion dollars cheaper," noted Families Against Mandatory Minimums (FAMM). "What’s not to love?"

Given the passage of the Fair Sentencing Act three years ago with conservative support, the proven budgetary benefits of reducing incarceration, and the current role of conservatives in pushing for reform, the chances are better than ever that something could pass this year, and even if it doesn't, the changes announced by Holder should ensure that at least some federal drug defendants will get some relief, observers said.

"The policies Holder described in his speech will probably help produce reduced drug sentences in some cases," said Marc Mauer, executive director of the Sentencing Project. "But it is also important in a symbolic sense. The fact that the attorney general is leading this conversation may help to open up the political space where we can have a different discussion about crime policy. The discussion has been evolving significantly over recent years, and in some ways, his speech represents an affirmation that the climate has shifted, and that there is commitment from the top to moving forward on sentencing reform."

Rand Paul
"I think we're at a moment when bipartisan sentencing reform is possible," said Bill Piper, national affairs director for the Drug Policy Alliance. "We've got those bipartisan bills in Congress, we have that ALEC endorsement, we have Holder's speech, and more."

"Given how little bipartisan cooperation there is on anything, it's remarkable that we have two bills in the Senate addressing mandatory minimums," Mauer noted. "This bipartisan cosponsorship is very intriguing, and is contributing to the momentum. There has been no significant backlash to Holder's speech, and that suggest a pretty broad recognition that the time has come to move in this direction."

Not every reformer was as sanguine as Mauer. In California, marijuana reformers and industry players, many of whom have borne the brunt of a federal crackdown, were offended that Holder would give a speech in San Francisco and not address their issue. Harborside's Steve DeAngelo posted the following statement in reaction: "Eric Holder's speech advocating drug war changes rings hollow to those of in states that have already passed reform legislation, only to see it relentlessly attacked by Mr. Holder's very own US Attorneys," DeAngelo said. "We had hoped the Attorney General would clarify federal policy toward state cannabis laws, as he promised to do almost a year ago. But instead of concrete action to support state reform efforts, Holder offered more vague promises about future changes in federal policy."

Conversely, it wasn't just reformers seeing possible changes on the horizon.

"It is impressive that Holder has decided to stay with a lame duck president and emphasize this issue," said Phil Stinson, professor of criminal justice at Bowling Green University. "I think there is a consensus forming for reform, and I would not have thought that possible two years ago. If something is going to happen, I expect it to happen within the next 18 months."

Stinson made a telling, if seldom mentioned, point.

"This is largely driven by economics," he said, "but also by the fact that by now, almost everybody knows a family member or friend or friend's child who has been behind bars. It has taken awhile to get to this point, but now the issue is ripe, and the opportunity is there."

"It looks like there is a real opportunity in Congress," Piper argued. "The general consensus is that there are too many people in prison and too many tax dollars wasted. Even some of the most conservative offices we talk to want to talk about sentencing reform. Something is possible, even though this is Congress and the Obama administration we're talking about. The stars are aligning, but it will take a lot of work to get it done. There seems to be something real happening with sentencing reform based on the number of Republicans starting to talk about it, and I'm certainly more optimistic than I was a year ago."

"While things are moving in the Senate, the House is more difficult to predict," said Mauer. "But even if something does get through, the scale of the problem of mass incarceration is going to require a wholesale shift in approach and policy. The current proposals are steps in that direction, but it will require a much more substantial shift if we are to see significant reductions."

Or, as Nora Callahan of the November Coalition has long argued, reforms on the back end -- sentencing -- will have limited impact on people sent to prison for drug offenses, absent change on the front end -- ending drug prohibition and prohibition-driven policing.

Whether a perfect storm for sentencing reform is brewing remains to be scene, but there are winds blowing from unusual directions. The collision of Democratic social justice liberalism and Republican fiscal conservatism and libertarianism could on this occasion produce, if not a perfect storm, at least the first rumblings of a political earthquake.

[See our related story this issue, "As Pressure Mounts, Holder Acts on Sentencing Reform."]

Washington, DC
United States

As Pressure Mounts, Holder Acts on Sentencing Reform [FEATURE]

US Attorney General Eric Holder announced Monday a comprehensive federal sentencing reform package with a strong emphasis on drug sentencing. He said he will direct US Attorneys that low-level, nonviolent drug offenders not tied to gangs or major trafficking organizations should not be charged in ways that trigger lengthy mandatory minimum sentences.

Attorney General Eric Holder (usjoj.gov)
Holder's announcement is only the latest indicator that -- after decades of "tough on crime" politics in Washington -- pressure is mounting to do something about the huge number of people in federal prisons. The Chronicle will be reporting on the rising calls for reform in both the executive branch and the Congress later this week.

In a major speech to the American Bar Association in San Francisco Monday morning, Holder laid out Obama administration sentencing reform plans, some of which can be implemented by executive action, but some of which will require action in the Congress. The comprehensive sentencing reform package is designed to reduce the federal prison population not only through sentencing reforms, but also through alternatives to incarceration in the first place.

"A vicious cycle of poverty, criminality and incarceration traps too many Americans and weakens too many communities," Holder said. "However, many aspects of our criminal justice system may actually exacerbate this problem rather than alleviate it. Too many Americans go to too many prisons for far too long and for no good law enforcement reason. We cannot simply prosecute or incarcerate our way to becoming a safer nation."

On drug sentencing, Holder said he would direct US attorneys across the country to develop specific guidelines about when to file federal charges in drug offenses. The heaviest charges should be reserved for serious, high-level, or violent offenders, the attorney general said.

There are currently more than 100,000 people incarcerated in federal prisons for drug offenses, or nearly half (47%) of all federal prisoners. The federal prison population has expanded an incredible eight-fold since President Ronald Reagan and a compliant Congress put the drug war in overdrive three decades ago, although recent federal prison population increases have been driven as much by immigration prosecutions as by drug offenses.

"It's time -- in fact, it's well past time -- to address persistent needs and unwarranted disparities by considering a fundamentally new approach," Holder told the assembled attorneys. "While I have the utmost faith in -- and dedication to -- America's legal system, we must face the reality that, as it stands, our system is in too many respects broken. The course we are on is far from sustainable. And it is our time -- and our duty -- to identify those areas we can improve in order to better advance the cause of justice for all Americans."

One of those areas, Holder said, is mandatory minimum sentencing.

"We will start by fundamentally rethinking the notion of mandatory minimum sentences for drug-related crimes.  Some statutes that mandate inflexible sentences -- regardless of the individual conduct at issue in a particular case -- reduce the discretion available to prosecutors, judges, and juries," said the former federal prosecutor. "Because they oftentimes generate unfairly long sentences, they breed disrespect for the system. When applied indiscriminately, they do not serve public safety. They -- and some of the enforcement priorities we have set -- have had a destabilizing effect on particular communities, largely poor and of color. And, applied inappropriately, they are ultimately counterproductive."

In addition to reducing the resort to mandatory minimum sentencing and directing prosecutors to use their discretion in charging decisions, Holder will also order the Justice Department to expand the federal prison compassionate release program to include "elderly inmates who did not commit violent crimes and who have served significant portions of their sentences."

Beside the executive branch actions, Holder also committed the Obama administration to supporting sentencing reform legislation currently pending before Congress, specifically the Justice Safety Valve Act (Senate Bill 619), which would give federal judges the ability to sentence below mandatory minimums when circumstances warrant, and the the Smart Sentencing Act (Senate Bill 1410), which would reduce mandatory minimums for drug crimes, slightly expand the existing drug sentencing safety valve, and apply retroactively the Fair Sentencing Act of 2010's reduction in the crack-powder cocaine sentencing disparity.

"Such legislation will ultimately save our country billions of dollars," Holder said. "Although incarceration has a role to play in our justice system, widespread incarceration at the federal, state and local levels is both ineffective and unsustainable."

Sentencing and drug reform advocates welcomed Holder's speech and the Obama administration's embrace of the need for criminal justice reforms, but also scolded the administration and lawmakers for taking so long to address the issue and for timidity in the changes proposed.

"For the past 40 years, the Department of Justice, under both political parties, has promoted mandatory minimum sentencing like a one-way ratchet. Federal prison sentences got longer and longer and no one stopped to consider the costs and benefits," said Julie Stewart, founder and head of Families Against Mandatory Minimums (FAMM). "Today, at long last, the politics of criminal sentencing have caught up to the evidence. The changes proposed by the Attorney General are modest but they will make us safer and save taxpayers billions of dollars in the process."

"There's no good reason, of course, why the Obama administration couldn't have done something like this during his first term -- and tens, perhaps hundreds, of thousands of Americans have suffered unjustly as a result of their delay," said Drug Policy Alliance executive director Ethan Nadelmann in a message to supporters. "But that said, President Obama and Attorney General Holder deserve credit for stepping out now, and for doing so in a fairly decisive way."

[See our related story this issue, "Is There a Perfect Storm for Federal Sentencing Reform?"]

San Francisco, CA
United States

Serial Offender: Miami Fed. Prosecutor Called on Misconduct in Drug Cases [FEATURE]

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

Part 6 in a series, "Prosecutorial Misconduct and Police Corruption in Drug Cases Across America."

There is something rotten in Miami. A federal prosecutor there, Assistant US Attorney Andrea Hoffman, seems to have problems staying within the bounds of the law as she attempts to prosecute major drug cases. As a result, cases are coming undone, and some Colombians are going home, some who likely were innocent. And Hoffman's pattern of prosecutorial misconduct has so far come without serious professional consequences.

2011 press conference in Bogota announcing the 56 indictments (presidencia.gov.co)
On September 2, 2011, US Attorney for the Southern District of Florida in Miami Wilfredo Ferrer announced the arrest of 56 Colombians in a trio of separate foreign investigations -- Operation Seven Trumpets, Operation Under the Sea, and Operation BACRIM (Bandas Criminales). In what was one of America's biggest drug busts, authorities also seized 21 airplanes, 12 submarines, millions of dollars in cash, and more than 20 tons of cocaine and heroin.

"Together with our law enforcement partners in Colombia, we have developed a proactive strategy to combat the rise of narco-trafficking operations to eliminate the threat they pose to the security of the international community," Ferrer crowed at a press conference with Colombia President Santos and Prosecutor General Viviane Morales in Bogota that day.

But what appeared to a slam-dunk case validating America's never-ending war on drugs soon went sideways, and Hoffman was there. Two Colombian nationals arrested in the case, John Winer and Jose Buitrago, who were looking at life in prison without parole, are now free men after federal District Court Judge Marcia Cooke ruled earlier this year that Hoffman deliberately withheld key evidence from the defense, undermining the defendants' rights to a fair trial.

And that's just for starters.

Winer and Buitrago

On May 21, a jury had already been seated to hear the case against Winer, represented by attorney Jose Quinon, and Buitrago when the latter's defense attorneys, Kashap Patel and Helen Batoff, got DEA agents and a Colombian narcotics officer to acknowledge they knew the DEA was making monthly payments to "vetted units" of the Colombian narcotics police -- and that prosecutor Hoffman also knew about those payments.

"Vetted units" are elite anti-drug squads whose members have passed muster as not being corrupt, and are often used by the DEA and other agencies in their overseas investigations. These units are required to file monthly reports on their activities in order to justify incurred expenses paid for by the DEA as part of US foreign assistance to Colombia to wage the drug war.

Hoffman denied any previous knowledge of the payments to the vetted units.

But on the stand that day, Colombian police officer Pacheco blew up Hoffman's denials about the DEA payments. Pacheco said the matter about the money was discussed between him, Hoffman, and DEA agent Guillermo Turke upon arriving in Miami from Bogota on Sunday, May 14th.

Attorneys Patel and Batoff had already been tipped-off about the use of the vetted units in the case against their clients, and prosecutors acknowledged as much, but refused to disclose information about their role in the case unless the defense attorneys could prove they were entitled to it.

Under the Brady rule, the government is required to turn over exculpatory evidence or material information in the government's possession that could be favorable to a defendant.

"The defense sent a written request to get the documents from Hoffman and her co-counsel, Cynthia Wood, on April 3, 2013," Patel told Judge Cooke. Receiving no reply from Hoffman,  defense attorneys re-sent the letter and, on May 1, received a reply from Hoffman's office acknowledging that the payment information existed, but demanding that the defense explain how it was entitled to that information.

"Tell me why it's Brady material, or under what theory you are entitled to it," prosecutor Christina Maxwell responded.

"The DEA payments to Colombian officers were disclosable to the defense without them having to file a Brady motion to get them," harrumphed Washington, DC, criminal defense attorney Stephan Leckar in an interview with the Chronicle.

US District Court Judge Marcia Cooke didn't let Hoffman get away with misconduct. (stu.edu)
Judge Cooke suspended the trial to hold a hearing on the matter, and things only got worse for Hoffman. Cook and the defense attorneys grilled a bevy of DEA agents, and they testified that Hoffman had known about the payments at an earlier date.

Bogota DEA Special Agent Guillermo Turke reiterated Pacheco's testimony that the "payments were specifically discussed with Hoffman on May 19th".

Miami DEA Corrine Martin told the frustrated judge "after all of the court motions, we spoke with DEA Special Agent Ed Reed about the payments and we also let Ms. Hoffman know."

Replying to a question from Judge Cook, Miami DEA Special Agent Mike Torbert concurred.

"I discovered there was a $200 operational expense given to SIU (special investigation units)," he told the court. "I passed the information to Ms. Hoffman."

Although her office had responded to defense letters about the payments on May 1, acknowledging they had occurred, Hoffman insisted to Judge Cooke that she had first found out about them on May 20, on the eve of the trial. But when Cooke pressed, Hoffman revised.

"Your honor, I found out about the payments at noon on May 21," she then replied.

But after hearing the defense evidence that Hoffman in fact knew about the money paid to the Colombian sources before the trial started, Judge Cooke accused Hoffman of prosecutorial misconduct, or intentionally engaging in inappropriate or illegal behavior by withholding evidence or knowing permitting false testimony and tampering with witnesses. Hoffman had violated the Brady rule by not automatically turning over materially important evidence to the defense prior to trial and when the trial started.

Had defense attorneys been given the information by Hoffman about the DEA payoffs, the wiretaps in the Winer-Buitrago case could have been challenged and used to impeach witnesses, the attorneys argued.  "The scope of the defense would've been different," Patel explained to the judge.

Hoffman apologized to the court, blaming her misconduct on miscommunications due to language barriers, but Judge Cooke wasn't buying it.

"I think the US government was aware of Colombian police officers receiving payments and did not disclose it to the defense," an angry Cooke replied. "The prosecutor was ethically and legally bound to turn the information over. This does not make sense to me. This is all you do. Answer this:  Why does the government get a pass?"

Defense attorneys moved to have the case dismissed because of Hoffman's misbehavior.

"The government's conduct deprived the defendants of their constitutional rights to due process," the attorneys wrote. "Such flagrant disregard for the rule of law and brazen dishonesty to the court and to opposing counsel should 'shock' the court's conscience."

Judge Cooke denied the motion to dismiss but a deal was struck. Winer and Buitrago both pleaded guilty to a lesser charge of conspiracy to transport cocaine and were sentenced to 36 months, with credit for the two years they had already been behind bars pending trial. Both men were subsequently released from custody.

Winer and Buitrago and the Practice of Information Buying and Selling

The little matter of the Brady rule violation in the area of the vetted units wasn't Hoffman's only problem in the Winer-Buitrago case. Defense attorneys also accused her of failing to disclose a letter indicating that another Colombian, Daniel Bustos, who was facing years in prison on a cocaine conspiracy charge, had paid money to another drug defendant, Fabian Cruz, so that Cruz would use his informant connection with prosecutors or outsiders to obtain "inside information" about evidence in the Winer-Buitrago case and feed it to Bustos. Then, Bustos and other defendants could use that information to testify falsely for the prosecution against the Operation Seven defendants in exchange for leniency.

But Assistant US Attorney Hoffman rejected a defense request to obtain the whistleblower letter exposing the dealings between Bustos and Cruz. In the courtroom, Hoffman confirmed that the letter existed, and Judge Cooke gruffly ordered her to produce it for the defense, again citing the Brady rule. At the time, Bustos and Cruz were already on the prosecutors' witness list.

This underground scheme is called "buying and selling" evidence (fake or real) for a defendant to get on the bus with the Feds and ride all the way home to freedom. In a December 2012 story in USA Today, reporter Brad Heath exposed the inner workings of the practice, illustrating how prisoners game the system by buying and selling evidence against other defendants with pending drug cases, then using that bought information to testify for the prosecution in exchange for sentence cuts and early freedom.

That report found that "one out of eight" federal drug convicts had their sentences reduced for helping prosecutors. Similarly, the Houston Chronicle reported that federal judges last year "resentenced 1,738 inmates nationwide after they provided substantial assistance" to investigators and prosecutors.

The corrupt scheme works like this: An inmate with outside connections (or already an informant) will have relatives and friends collect information on the street about a drug dealer's operation, or have operatives to dig up additional information about a dealer awaiting trial. Then the inmate will sell the collected information to prisoners who have money but are short on facts or criminal contacts to cooperate with the government on their own.

Daniel Bustos was hoping to lessen his sentence by paying Cruz to get information on Winer and Buitrago and then using that information to testify against them. And Hoffman was prepared to let him until defense attorneys blew the whistle.

Hoffman has not been officially sanctioned by the court for her misconduct in the Winer-Buitrago case. A court worker told the Chronicle recently that while the matter was under consideration, no ruling had been issued, and Hoffman was still assigned to Cooke's courtroom.

A Miami public affairs spokesman for US Attorney's Office for Florida Southern District declined to comment.

That's not the end of the trouble in Miami. Operation Seven Trumpets and its prosecutors have taken more hits, with other Colombians who had been indicted in the operation and extradited to the US being released and sent home after the charges turned out to have been unfounded.

Carlos Ortega Bonilla

Carlos Ortega Bonilla hugs his son as he is released. (seitleslaw.com)
Carlos Ortega Bonilla and William "Willy" Gil-Perenguez, both Colombian nationals, were arrested and extradited to the US as part of operations Seven Trumpets and BANCRIM. Both were thrown into the Miami Federal Detention Center to await trial on cocaine charges, and both faced up to life in prison if convicted.

Ortega Bonilla, the former head of Colombia's Flight Security (the equivalent to the Federal Aviation Administration), was enjoying his retirement in Bogota when agents armed with paramilitary-style weapons swarmed his home and arrested him.

"You have been indicted for supplying airplanes to traffickers to ship tons of cocaine to other Latin countries and the US," one of the drug agents told him. The agent explained that Ortega Bonilla's voice had been heard on wiretaps selling planes to drug dealers, in particular one Alvaro Suarez, a veteran trafficker who had once worked as a pilot for legendary Medellin Cartel capo Pablo Escobar.

Protesting his innocence all the while, Ortega Bonilla was imprisoned in Bogota while he unsuccessfully fought extradition to the US. He was eventually transferred to Miami, where he languished in jail as he sought to prove his innocence, but that was an extremely hard sell for Assistant US Attorney Hoffman.

"I never worked harder in my life," Miami criminal defense attorney Mark Seitles told the Daily Business Review about his attempts to convince Hoffman to drop the charges.

Seitles immediately hired Ed Kacerosky as an investigator. Kacerosky is a highly decorated former US Customs Agent credited with helping the Feds dismantle the infamous Cali Cartel. Ironically as an agent, Kacerosky had worked closely on previous major drug cases with Hoffman.

Authorities targeted Ortega Bonilla, tapping his phone, but failed to provide evidence that any airplanes he sold were linked to drug trafficking. The key to his freedom would lie in the wiretaps.

"Kacerosky realized after hearing the wiretaps that there was a gross misidentification, and they indicted my client Ortega for acts of another guy named Carlos," Seitles explained.

At an August 14, 2012, hearing in the courtroom of Judge Cooke, Seitles explained that his client had been wrongfully indicted on drug crimes and that his own investigation discovered irrefutable evidence the feds had misidentified his client's voice on the wiretaps.

As a plane broker, Ortega Bonilla sold or leased aircraft, and someone had convinced the feds that he was dirty. But they were wrong.

"Ortega Bonilla's voice was on the wiretaps in one plane deal where he determined that the men who sought the aircraft were drug dealers," Seitles explained. "And he refused to do the deal. No plane was ever sold and emails sent by Ortega Bonilla to the men showed he refused to do business with drug traffickers. There are even recorded calls with Ortega Bonilla attempting to contact the FBI to tell them about this. And the affidavit in support of extraditing Mr. Ortega Bonilla mentioned seven planes and no mention of that airplane, which was an E-90."

The seven planes in question actually belonged to another Carlos, Honduran drug dealer Carlos Litona, Seitles explained.

But Hoffman was having none of it. She argued to Judge Cooke that she had a witness, a co-defendant willing to testify that Carlos Ortega Bonilla was the right guy. Seitles countered in a separate hearing, putting Kacerosky on the stand with the wiretap tapes to explain how he had uncovered evidence that the feds had fingered the wrong man.

"The real guy is Carlos Litona," Kacerosky told the judge.

Without calling her secret witness, Hoffman dropped the charges on August 31.

When Ortega's family arrived at the airport in the Colombian capitol, hundreds of supporters surrounded them, hugging him with teary eyes and wishing him well. But his problems aren't over.

"Ortega Bonilla's US visa has been revoked, and he's having a hard time accepting that he was in custody for a crime he did not commit," Seitles told the Chronicle.

Ortega Bonilla has hired a Colombian attorney to file a lawsuit there and is currently searching for legal representation in the US to file a lawsuit here.

William "Willy" Gil-Perenguez

In June 2006, DEA and Colombian National Police jointly investigated a widespread conspiracy among multiple defendants importing cocaine and heroin on cargo planes traveling from Colombia and landing at Miami International Airport. DEA picked up the name of a cargo worker named "Willy" who supposedly was part of the conspiracy. An informant even identified "Willy" 's voice on wiretaps.

Willy Gil-Perenguez was living the good life at the time in Cali. He had a beloved girlfriend and a decent job, working for the Girag cargo air freight company. But in June 2007, his good life came to a screeching halt, when Colombian drug agents arrested him, believing he was the "Willy" overheard on the drug investigation wiretaps.

He was taken to a DEA office in Colombia, where agents threatened him, telling him to cooperate with them or they could make a phone call and have him sent to prison for 30 years. Gil-Perenguez maintained his innocence, saying he had no idea what they were talking about. In September 2008, he was extradited to Miami to face assorted drug charges that potentially carried a maximum penalty of life in prison.

Facing the wrath and the resources of the US government, Gil-Perenguez caught a lucky break while sitting at the Miami Federal Detention Center awaiting trial. He encountered another detainee, Neixi Garcia Lamela, a major target of Operation Seven Trumpets, who had agreed to cooperate with the feds. But he had bombshell news for Gil-Perenguez.

"DEA agents and Hoffman tried to pressure me to implicate you but I refused, because I knew I would be fabricating testimony to implicate an innocent person," Garcia Lamela told Gil-Perenguez, according to a lawsuit he later filed.

Gil-Perenguez immediately contacted his attorney, Luis Guerra. Guerra relayed to Hoffman the information about Garcia Lamela's admission that his client was innocent.

"I went to Hoffman and said, 'You have the wrong guy. My guy is innocent,'" Guerra told Law.com. "She said she had other witnesses. Turns out the witnesses never existed," Guerra recounted.

After serving 19 months behind bars, which included one year in Colombia's Combita lockup, a place described by human rights activists as one of the most oppressive and notorious prisons in the world, US District Judge Donald Graham freed Gil-Perenguez in February 2009, finding that his voice had been wrongfully identified on the wiretaps.

Gil-Perenguez returned to Colombia wearing a "bad jacket." His fellow countrymen think he snitched on others to be released so early. He filed a $10 million wrongful arrest lawsuit against the US government, charging that he had been left jobless and in pain and suffering. But the US 11th Circuit Court of Appeals threw out the lawsuit, ruling that the US lacked jurisdiction and that it couldn't be sanctioned for "any claims arising in a foreign country."

"Our country is not supposed to be making these kinds of mistakes," Florida attorney Richard Diaz, who represented Gil-Perenguez  in the civil suit, told Law.com.

Hoffman and her colleagues have managed to win some convictions in these high-profile drug conspiracy cases, and given her hardball attitude and willingness to skirt -- if not cross over completely -- the bounds of prosecutorial misconduct, that comes as no surprise. But other Colombian defendants continue to be exonerated, with two more of them, Luis Alfonso Rubiano Ramos and Jose Norberto Mejia Cortez having their cases dismissed and going home in June.

Dr. Ali Shaygan

Dr. Ali Shaygan has nothing to do with Colombian drug trafficking conspiracies, but his case is yet another example of Hoffman's prosecutorial overreach. As previously reported in the Chronicle, Shaygan was charged with overprescribing narcotics as part of the federal government's campaign against prescription drug abuse, but later acquitted.

After his acquittal, Shaygan won a $600,000 judgment against Hoffman and another federal prosecutor, with the judge in the case finding their conduct in attempting to influence witnesses and deny potentially exculpatory evidence to the defense so "profoundly disturbing that it raises troubling issues about the integrity of those who wield enormous power over the people they prosecute."

That judgment was overturned by the 11th US Circuit Court of Appeals. Shaygan and his supporters sought review at the US Supreme Court, but were turned down. In the meantime, Hoffman is still on the job in Miami and, if her work on the big drug investigations is any indication, still bumping up against the rules without serious professional consequence. Prosecutorial misconduct still seems to be a bridge too far for the American criminal justice system to address.

Miami, FL
United States

Ohio Initiative Campaign for Medical Marijuana is Underway [FEATURE]

Medical marijuana backers in the Buckeye State hope the third time is the charm. After twice failing to move initiative efforts in the past couple of years, activists have unveiled a third campaign, this one aimed at putting the Ohio Cannabis Rights Amendment (OCRA) on the ballot for the November 2014 elections.

Willie Nelson endorses the OCRA in Cincinnati, July 19 (Cincinnati Teapot Party)
Medical marijuana has broad popular support in Ohio -- a March Columbus Dispatch poll had support at 63% -- and a victory in Ohio would plant medical marijuana firmly in the Midwest. So far in the region, only Michigan has a medical marijuana law, although Illinois could be a medical marijuana state by the time you read these words--a bill there awaits the governor's signature.

Proponents have a tough path to follow. To qualify for the ballot, they need to gather some 385,000 valid voter signatures in the next 11 months, including at least 5% of voters from each of half of the state's 88 counties. Those are the kind of signature requirements that typically require paid signature-gathering campaigns. Ohio Rights, the people behind the OCRA, are looking for big-name funding, but right now, their campaign is relying on a network of volunteers.

"For now, it's an all-volunteer effort," said campaign spokesperson Mary Jane Borden (no relation to StoptheDrugWar.org executive director David Borden), who in addition to campaigning for marijuana reform at home is also a past editor of that valuable compendium of drug policy information, Drug War Facts. "We will definitely be approaching big donors, but we would like to match them dollar-for-dollar in smaller contributions, like Obama, who collected hundreds of millions in small donations."

The campaign will in part pitch itself to donors as a jobs campaign, Borden said.

"Not only will the OCRA create an ethical industry and lots of jobs once it passes," she said, "but getting the amendment on the ballot itself can be a jobs creator if we get the funding. Doing a campaign like that creates jobs, and that's an important message in Ohio."

In the meantime, it's volunteer time, and that's off to a good start, said Borden. "It's been a real whirlwind and very gratifying," she said. "We went through all this work to craft the initiative, and this army of people comes out to us. It's happening almost organically. We have county captains in 40 counties now, and multiple captains in the larger counties."

The OCRA bases itself on rights enumerated in the Ohio constitution, particularly Article I, Section I, which says that Ohioans are "by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety."

"We thought the rights approach was the best approach," said Borden. "We saw that a lot of these laws passed in other states didn't really go to the rights. You might avoid jail for possession, but you forfeit your rights. People are losing jobs, losing custody of their children, losing housing. There is no effective right to use."

The language of the initiative itself reflects that approach. Eligible residents not only have the right to use medical marijuana, but to do so "free of discrimination and interference from the state of Ohio" as well as the right to privacy and confidentiality, the right not to get busted for impaired driving based solely on the presence of marijuana metabolites, and the right to grow their own.

The initiative would legalize, license, tax, and regulate medical marijuana; create an open-ended list of qualifying diseases and conditions; create an Ohio Commission of Cannabis Control to oversee medical marijuana; and allow for industrial hemp production to boot.

It's already picking up some big-name supporters. On July 19, famed country singer (and pot aficionado) Willie Nelson came to Cincinnati for a concert, and before the show, he formally endorsed the OCRA. The Cincinnati chapter of Nelson's Teapot Party and Happy Hemptress Lynne Wilson set up a meeting and invited Ohio Rights activists, and Nelson came on board.

"Willie is a member of the choir, of course, but he's a big name, too," said Borden. "We're very excited to have him on board."

And now, the campaign is starting to generate some opposition. On Wednesday, a group of medical professionals held a press conference in Columbus to speak out against the initiative. The star speaker for the opposition was Dr. Andrea Barthwell, who served in the White House Office of National Drug Control Policy under President George W. Bush.

"Doctors have something that is FDA approved, reliable and tested to treat every illness people claim will be better, or reduced suffering, when using marijuana," said Barthwell.

Ohio Rights takes the opposition attention in stride.

"It's the usual suspects," said Borden. "The treatment industry is scared to death it will lose clients. And they did their press conference with very little notice, because they're scared we'll be down there counter-demonstrating."

The campaign now has until next July 2 to hand in signatures. If it can meet that challenge, Ohio voters will be voting on medical marijuana in November 2014.

For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

OH
United States

With Legalization Looming, Lessons from the Netherlands [FEATURE]

The US states of Colorado and Washington voted last year to legalize marijuana and are moving forward toward implementing legalization. Activists in several states are lining up to try to do the same next year, and an even bigger push will happen in 2016. With public opinion polls now consistently showing support for pot legalization at or above 50%, it appears that nearly a century of marijuana prohibition in the US is coming to an end.

A coffee shop in Amsterdam, where clients can sit and smoke. Why no on-premises consumption here? (wikimedia.org)
Exactly how it comes to an end and what will replace it are increasingly important questions as we move from dreaming of legalization to actually making it happen. The Netherlands, which for decades now has allowed open marijuana consumption and sales at its famous coffee shops, provides some salutary lessons -- if reformers, state officials, and politicians are willing to heed them.

To be clear, the Dutch have not legalized marijuana. The marijuana laws remain on the books, but are essentially overridden by the Dutch policy of "pragmatic tolerance," at least as far as possession and regulated sales are concerned. Cultivation is a different matter, and that has proven the Achilles Heel of Dutch pot policy. Holland's failure to allow for a system of legal supply for the coffee shops leaves shop owners to deal with illegal marijuana suppliers -- the "backdoor problem" -- and leaves the system open to charges it is facilitating criminality by buying product from criminal syndicates.

Still, even though the Dutch system is not legalization de jure and does not create a complete legal system of marijuana commerce, reformers and policymakers here can build on the lessons of the Dutch experience as we move toward making legal marijuana work in the US.

"Governments are looking to reform their drug policies in order to maximize resources, promote health and security while protecting people from damaging and unwarranted arrests," said Kasia Malinowska-Sempruch, Director of the Open Society Global Drug Policy Program. "The Netherlands has been a leader in this respect. As other countries and local jurisdictions consider reforming their laws, it's possible that the Netherlands' past offers a guide for the future."

A new report from the Open Society Global Drug Policy Program lays out what Dutch policymakers have done and how they have fared. Authored by social scientists Jean-Paul Grund and Joost Breeksema of the Addiction Research Center in Utrecht, the report, Coffee Shops and Compromise: Separated Illicit Drug Markets in the Netherlands tells the history of the Dutch approach and describes the ongoing success of the country's drug policy.

This includes the separation of the more prevalent marijuana market from hard drug dealers. In the Netherlands, only 14% of cannabis users say they can get other drugs from their sources for cannabis. By contrast in Sweden, for example, 52% of cannabis users report that other drugs are available from cannabis dealers. That separation of hard and soft drug markets has limited Dutch exposure to drugs like heroin and crack cocaine and led to Holland having the lowest number of problem drug users in the European Union, the report found.

Pragmatic Dutch drug policies have not been limited to marijuana. The Netherlands has been a pioneer in harm reduction measures, such as needle exchanges and safe consumption sites, has made drug treatment easy to access, and has decriminalized the possession of small quantities of all drugs. As a result, in addition to having the lowest number of problem drug users, Holland has virtually wiped out new HIV infections among injection drug users. And, because of decriminalization, Dutch citizens have been spared the burden of criminal records for low-level, nonviolent offenses.

The Dutch have, for example, virtually eliminated marijuana possession arrests. According to figures cited in the report, in a typical recent year, Dutch police arrested people for pot at a rate of 19 per 100,0000, while rates in the US and other European countries were 10 times that or more.

For veteran drug reform activist Joep Oomen of the European NGO Coalition for Just and Effective Drug Policies (ENCOD), the report is welcome but not exactly "stop the presses" news.

"The conclusions of this report have been known for a long time," he told the Chronicle. "Already by the end of the 1990s, when European governments had to acknowledge that Dutch drug policies had proven more effective in reducing risks and harms than many other countries, the criticism that had been expressed earlier by mainly German and French heads of state was silenced. For instance, in the Netherlands the age of first heroin use is the highest of Europe, which is explained by the relative tolerance concerning cannabis use." [Ed: A high age of first use is considered good, because it means that fewer people are experimenting with a drug when they are young -- which in turn means fewer people ever trying it, and those who do being more likely to be capable of avoiding problematic use.]

While the Dutch can point to solid indications of success with their pragmatic drug policies, it is not all rosy skies. The "back door problem" alluded to above continues unresolved, and the relative laxness of Dutch marijuana policy has led to an influx of "drug tourists," especially from neighboring countries, such as France and Germany. Both of those irritants have provided fodder for conservative parties and administrations that have sought to roll back the reforms.

"There seems to be more admiration for Dutch drug policy outside the Netherlands than inside," Oomen observed. "Right-wing governments that have dominated the Dutch political climate since 2002 have slowly dismantled acceptance-oriented drug policy. Lately the establishment of the Weedpass in the southern part of the country [which excludes non-Dutch from access to the coffee shops] and new measures against grow shops and coffee shops are definitely threatening to undermine the coffee shop model," he said.

"Instead of completing the regulation of this model by solving the coffee shops' back door problem, the government seems to apply a policy of slow elimination by making the conditions worse in which the shops have to operate," Oomen continued. "And the Dutch press follows blindly, often referring to coffee shops as a link in a criminal chain, which is unavoidable since the ban on cultivation forces shop owners to deal with criminals, but without questioning the measures that reinforce the criminal aspect."

While the national government may now be hostile to pragmatic marijuana policies, it is facing considerable resistance from elected officials. The Weedpass program now appears to be largely a dead letter, thanks to opposition from the likes of Amsterdam Mayor Eberhard van der Laan, and other local elected officials are moving to address the back door problem.

"Several Dutch mayors have plans for municipal cannabis farms to supply the coffee shops and take crime out of the industry," said Grund, research director at the Addiction Research Center. "But if Dutch drug policy offers one lesson to foreign policymakers, it is that change should be comprehensive, regulating sale to consumers, wholesale supply and cultivation."

Grund is watching the American experience with legalization in Colorado and Washington and had some observations he shared with the Chronicle.

"As far as I can judge," he said, "these are both pretty solid proposals, although quite different in detail and approach -- e.g., a vertically integrated chain of supply in Colorado and separate licensing for producers, processors, and retailer in Washington. Clearly in both states legislators have done their best. Interesting then, that they end up with rather different plans, which is actually fine, as it provides us with the opportunity to evaluate different models. For more than 25 years, there was just about only the Dutch experience with cannabis decriminalization and coffee shops; now we see different models of cannabis reform and distribution being implemented across continents. Comparing these experiences as they evolve should allow us to develop more effective drug policies."

Policymakers and regulators should try to avoid rigidity and be ready to deal with unintended responses and consequences, the Dutch social scientist said.

"The point is to approach these flexibly and pragmatically; adjust when necessary, while keeping your eyes on the ball: cutting the link between cannabis on the one hand, and criminal records, mafia and more, on the other," Grund advised, noting that the 1976 Dutch law separating hard and soft drugs did not anticipate the arrival of the coffee shop phenomenon. "As Dr. Eddy Engelsman, former chief drug policy maker at the ministry of health -- and known as the architect of Dutch drug policy -- said when we interviewed him, 'coffee shops just emerged.' The policymakers deemed that these fit their overall policy objectives and allowed for them to ply their trade openly," he recalled.

Grund also weighed in on personal cultivation -- Colorado allows it; Washington does not -- and public use, which it appears will remain forbidden in both states.

"I think Washington presents more of a business and revenue raising strategy, while Colorado feels more like grassroots meets civil libertarian meets amenable regulator," he opined. "The more social, homegrown orientation of the Colorado proposal – allowing for home growing, bartering between friends -- could perhaps engender a less market driven distribution structure, where friends compete in growing the most pleasant marijuana, not the most profitable. Something like the Spanish cannabis clubs," he suggested.

Public, convivial pot smoking in designated areas should be allowed, Grund said, because it has benefits.

"Dedicated places of consumption -- such as the coffee shops in the Netherlands or shisha parlors -- offer an opportunity to promote responsible behavior around cannabis consumption," he argued. "Smoking cannabis in a safe, hospitable and stress free environment engenders different use patterns from quickly getting high in a service ally behind a bar or in a car parked in a quiet place. Coffee shops offer a moderating environment where self regulation is supported by social learning and control."

While Grund was looking forward to the future in the US, Oomen was thinking of the unfinished business in the Netherlands, but his musing also provide food for thought for American reformers, especially those contemplating decriminalization measures.

"The lesson here is that decriminalization or depenalization are useful concepts for a transition period, but real progress can only be obtained and assured with legal regulation of the entire chain from producer to consumer," the ENCOD leader noted. "The Dutch case shows that politicians will always use the smallest margin they have to maintain to a repressive model, provoking criminal activities which they can use to justify their policies publically. This is the drug policy perpetual motion machine."

Colorado and Washington are already well down their particular paths to marijuana legalization. But there is still time for the next wave of legalization states to learn and apply those lessons, not just from Denver and Olympia, but from the Dutch pioneers as well.

Netherlands

Guest Commentary: Capture of Zeta Boss Not Likely to Stem Bloodshed or Flow of Drugs

(Bernd Debusmann Jr. has lived and worked in his native Mexico for the last two years, most of it as a full-time freelancer for Reuters TV, also contributing to Fox Latino. Previously he worked as a reporter in New York City and as a freelance producer for the Reuters Latin American Television Desk in Washington DC, during which time he dealt with many drug trafficking stories. During 2010 and 2011 he authored the weekly Mexico Drug War Update published by this newsletter, available in our Mexican Drug War archive section.)

On Monday, July 16th, Mexican marines captured Miguel Angel Trevino Morales, the leader of Mexico’s notorious Zetas criminal organization, just outside the border city of Nuevo Laredo, along with his bodyguard, an accountant, some $2 million in cash and eight weapons. How much difference will his capture make on the flow of drugs to the United States? Probably not much.

Trevino Morales, widely known as Z-40, is the most important criminal figure captured or killed so far during the administration of President Enrique Pena Nieto, and is widely regarded as one of the most powerful, violent and high-profile violent drug traffickers in the country, having previously served as a regional “plaza” boss in Nuevo Laredo and Veracruz and second-in-command of the organization under his predecessor, Heriberto Lazcano Lazcano.

Aside from being a key player in the Mexico-US drug trade and other illicit businesses, Trevino is thought to be responsible for the deaths of hundreds, if not thousands, of Mexicans as well as foreign migrants. (He has so far been charged with the kidnapping and murder of 265 north-bound migrants in the San Fernando, Tamaulipas, in 2010 and 2011.)

But what effect will his arrest have on Washington's war on drugs? The unfortunate answer is that it is unlikely to mean much in the long term. History shows that men like Trevino are quickly replaceable, and that business goes on.

His predecessor, Heriberto Lazcano, was gunned down in a firefight with the marines in October 2012, only to be replaced by Trevino. Lazcano's predecessor, Rogelio Gonzalez Pizaña, was arrested in October 2004, just two years after the founder and first leader of the Zetas, Arturo Guzman Decena, was killed in a gun battle with the Mexican army in the city of Matamoros.

Despite being repeatedly decapitated, the organization continued to grow and become more powerful, eventually splitting off from its Gulf Cartel bosses and becoming an independent entity in 2010.

In terms of stemming the flow of drugs to the United States, Trevino's arrest is unlikely to have any positive effect. In a videotaped 2011 interrogation of Jesus Enrique Rejon Aguilar, an army deserter and one of the original Zetas, Aguilar revealed that the Zetas' drug trafficking business is managed by personnel dedicated only to that task.

There is no reason to believe that Trevino's arrest will have any more effect on that apparatus than the arrest of previous bosses. Did the death of Pablo Escobar and the arrest of the heads of the Cali Cartel stem the flow of cocaine from Colombia? No. Did all the kingpins killed or captured under the administration of Calderon (and before) make a difference on the flow of drugs across the Mexican border? No, and neither will Trevino's.

Trevino's arrest, however, is likely to have a significantly negative impact on the level of violence in Mexico. Pena Nieto came into office with a promise to stem the bloodshed, but the events of the last few years have shown that the death or arrest of high-level criminals often unleashes a wave of violence as their underlings fight among themselves, as was the case after the death of Arturo Beltran Leyva in 2009.

The Mexican military has been asked by its government to become very good at decapitating cartels, and they have. But it hasn't made much difference.

In the months before his arrest, Trevino seems to have consolidated his power over the organization, which had experienced factional infighting in 2010 and 2011. While it is likely that Trevino's brother Alejandro (Z-42) will take the reins of the organization, it remains to be seen whether his leadership will be disputed by other high-ranking Zetas, or whether the organization will fragment without a strong leader.

Another possibility is that -- sensing a moment of weakness -- the Zeta's enemies, such as the Sinaloa Cartel under Joaquin "El Chapo" Guzman and the Gulf Cartel, will make a concerted effort to control the city of Nuevo Laredo, long considered the "Crown Jewel" of the Mexican drug trafficking landscape. Previous efforts to wrestle control of the city from the Zetas were extremely bloody, drawn-out affairs.

This isn't to say that Trevino should have been ignored. He is a ruthlessly efficient criminal with blood on his hands. But the triumphant congratulations on the capture from Mexican and US officials may be premature.

The fact of the matter is that a military-focused strategy, or a strategy focused on individuals, is unlikely to have any long-term positive effect in Mexico's Drug War.

As long as Americans want to buy a commodity which the Mexican cartels can supply, they will continue to exist, and violence will inevitably follow as a consequence of disputes in a very profitable, unregulated industry. Any change will have to come from a combination of law enforcement and more sensible drug laws in the United States focusing on demand reduction.

Nuevo Laredo
Mexico

CA Medical Marijuana Dispensary Numbers Shrink in Two-Pronged War of Attrition [FEATURE]

California medical marijuana dispensaries -- and their patients -- are under a sustained, two-pronged attack, and that is having a dramatic impact on patient access across the state. Under pressure from the federal government on one hand and newly-emboldened local officials on the other, dispensary numbers are shrinking and ever larger swathes of the state that legalized medical marijuana nearly 17 years ago are without anywhere to get medical marijuana.

Anyone who is following the situation in the Golden State at all closely has seen a numbing litany of reports of dispensaries forced out of business, including from some of the most venerable, respected, and law-abiding operations in the state. What had been the occasional raid or prosecution by the DEA or federal prosecutors during the early years of the Obama administration has turned into a heightened onslaught since the issuance of the notorious Cole memo, written by Assistant Attorney General James Cole, two years ago next week and the announcement by California's four US Attorneys that fall that they were declaring open season on dispensaries.

And while recalcitrant city and county law enforcement and elected officials had managed to make access to medical marijuana a patchwork affair across the state through moratoria and bans, pressure from local officials has only escalated since the state Supreme Court's decision in City of Riverside v. Inland Empire Patients Health and Wellness Center early last month. In that case, the court ruled unanimously that localities could indeed use their zoning powers to ban dispensaries, not just regulate them. Since that ruling, localities that had hesitated to impose or enforce existing bans have responded with alacrity.

Reading the writing on the wall, Inland Empire closed its doors the day after the ruling. In other places, officials weren't waiting for dispensaries to shut down -- they were ordering them to. In May, Stockton took its first steps toward a dispensary ban, San Bernardino bragged that it had shut down 18 dispensaries and was working to close the remaining 15, Palm Springs was working to shut down five, a Thousand Palms dispensary closed its doors with the owner saying he didn't want Riverside County deputies to do it for him, Garden Grove ordered all 62 dispensaries there to shut down or face prosecution (and reported days later that they had), Los Angeles voted to shrink its number of dispensaries from 500 or more to 135, and Anaheim ordered its last 11 dispensaries (down from 143 in 2007) to close.

The big chill continued this month, with Bakersfield moving to ban dispensaries, Riverside County threatening to arrest the owner of one of its three remaining dispensaries (down from 77 in 2009) until he closed his doors, and Santa Ana reporting it had shut down 42 dispensaries (bringing the total closed there to 109) and was siccing the DEA on the remaining 17.

"We think the Inland Empire decision just maintains the status quo -- more than 200 local governments had banned distribution outright in their jurisdictions -- but now, you're seeing local government wielding a bigger stick to shut down dispensaries operating in defiance of existing bans," said Kris Hermes, communications director for Americans for Safe Access (ASA)."Anaheim, San Bernardino, Long Beach, Riverside, mostly in Southern California, where dispensaries were flouting those bans, they are now being forced to shut down."

"Cities that weren't moving forward are now," said Lanny Swerdlow, founder of Inland Empire and member of the Patient Advocacy Network. "A number of cities in Riverside have been closing collectives real fast, with San Bernardino being the most aggressive at the present time. Palm Springs is the only city in the Inland Empire that actually has zoning for collectives, and they have three operating there. The county is moving more slowly -- most collectives have not even been served notices yet -- but it's just a matter of time," he predicted.

Steve DeAngelo and his Harborside Health Center are still open for business, but under federal assault (ssdp.org)
Meanwhile, according to ASA, federal prosecutors have sent out more than 600 "threat letters" since their offensive began, including 103 sent to Los Angeles dispensaries earlier this month. The letters warn either dispensary operators or landlords or both with asset forfeiture and/or criminal prosecution, with the threat of lengthy federal prison sentences hanging over their heads. Not surprisingly, they have been quite effective.

"Before the 103 letters sent out this month, we estimated that about 500 letters had been sent out and about as many closures had occurred as a result of the US Attorneys' efforts to threaten dispensary operators and landlords, said Hermes. "With the combined momentum of the federal attacks and the state Supreme Court decision, I think we've seen more than 700 dispensaries shut down over the past couple of years."

Some of the iconic operations that helped define the dispensary movement are gone, such as the Marin Alliance for Medical Marijuana, scared out of business by federal threats, or Richard Lee's Coffee Shop Blue Sky, shuttered by DEA raiders. Others like San Francisco's Shambala are under attack, while it seems that only the biggest players, such as the Berkeley Patients Group and Harborside Health Care Centers in Oakland and San Jose, have the wherewithal to fight the feds in court. Those latter dispensaries are both contesting federal asset forfeiture actions right now.

Sometimes it's the federal government; sometimes it is recalcitrant local officials. Sometimes, the two work hand in hand.

"The city of Riverside sent letters to the Justice Department requesting they come in and close collectives down, and they've gone to a couple in San Bernardino and closed them down, too," said Swerdlow.

Many dispensaries remain open for business -- ASA's Hermes estimated their number at a thousand or more -- some because local authorities have embraced them instead of trying to run them out on a rail, others because the US Attorneys simply don't have the resources to devote all their time to shutting them down. But the unquestioned reduction in dispensaries numbers, perhaps a decline of as much as 40% over the past couple of years, means that patients are having a more difficult time getting access to their medicine.

"We've been hearing from patients about access problems," said Ellen Komp, deputy director for California NORML, who added that it's not just dispensaries. "More and more places are passing cultivation ordinances, people are having their gardens torn up or being visited by code enforcement. We're reeling from it," she said.

"Patients should not have to drive hundreds of miles to get their medicine, and the tragedy of it is that there are still dozens of localities that have regulatory ordinances that are functioning quite well," said Hermes. "Those facilities are not going away unless they are shut down by the federal government, which has usually stayed away from those places. There is a community of dispensaries across the state, but the access is haphazard."

And there are broad areas of the state with no effective access.

Sorry, Riverside patients. This menu is now null and void. (norml.org)
"It is unacceptable that dispensaries are located only where local governments are tolerant enough to allow them," said Hermes. "The entire county of San Diego has been rid of dispensaries because of intolerance at the local and federal level. The entire Central Valley is virtually devoid of dispensaries, so is almost all the San Francisco peninsula from San Mateo down. Sacramento County is devoid of dispensaries thanks to the federal crackdown."

"What's going on now is absolutely horrid," said Swerdlow. "The only people benefiting from this are the criminals and the police. Patients are having to drive hundreds of miles to cities with collectives, or get their medicine the old-fashioned way, on the black market."

To change the situation is going to require battling at the state, local, and federal level. One immediate response has been an explosion of medical marijuana delivery services, but one immediate reaction has been to move to ban them, too, as Riverside County is considering.

"We've been getting lots of inquiries about starting delivery services," said CANORML's Komp.

Another, ongoing, response is to attempt to pass statewide legislation to regulate dispensaries. That effort in Sacramento is dead for this year, but could be revived next year.

Another possible response is a statewide initiative that would regulate and emphatically legalize dispensaries, but no one is ready to go on the record about that yet.

Ultimately, it's about getting the federal government off California's back. While bills have been filed in Congress, no one is holding their breath on that score. And the Obama administration appears content to maintain its status quo war of attrition.

If the California dispensary industry wants to survive and thrive, it might want to look in the mirror -- part of the problem for California dispensaries, said Swerdlow, was the industry's failure to organize effectively.

"If the DEA sent out letters to gun stores saying they were going to shut them down, there would be a couple of thousand people demonstrating," he argued. "We've done a piss poor job of doing the things that need to be done to protect our rights. Money-grubbing collective owners never formed any useful or meaningful trade associations to protect their rights. Those jerks got what was coming to them," he said bitterly.

If dispensary operators were short-sighted, Swerdlow said, patients have not been much better, despite the efforts of groups like ASA and CANORML to organize them.

"Most patients don't do anything," he said. "They just want to get the marijuana."

Protecting patients and collectives requires effective political action at the local level, Swerdlow said. He has pioneered -- for the medical marijuana movement, at least -- the creation of groups within the Democratic Party to press the party at the local level, known as Brownie Mary Clubs.

"We were the first medical marijuana affinity group ever chartered here, and we've made progress here. We're working for political candidates, and I was a delegate to the state Democratic convention. That's the kind of thing that can make a difference," he said.

But medical marijuana advocates need to understand that this isn't everybody's issue, even if others are sympathetic.

"Everyone is sympathetic, most Democrats get it, at least all the ones I meet," he explained, "but this isn't their issue. They're about health care or the environment or schools. They will support us, but we have to be there to get that support."

There is work to be done to protect patient access to medical marijuana in California. There are various options. It is up to medical marijuana patients and dispensary operators, as well as those ancillary businesses profiting from them, to more effectively take up the cudgel.

But it is ultimately a fight for federal recognition of medical marijuana, or at least, of states' rights to experiment with marijuana policy. That's not just up to California patients and dispensary operators, but all of us.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

CA
United States

Moving Toward Legal Marijuana Commerce in Washington State [FEATURE]

Voters approved the marijuana legalization initiative I-502 in Washington state last November, and it is now legal to possess up to an ounce of marijuana, but a full-blown marijuana commerce industry doesn't just happen overnight. The state is still months away from having a functioning system of state-taxed and -regulated marijuana cultivators, processors, and retailers, but the process is well underway, and by most accounts, it is going relatively smoothly.

This is how your Washington state marijuana will be labelled, according to the Liquor Control Board.
Last month, the Washington Liquor Control Board (LCB), the state agency charged with setting up the state's marijuana industry, issued its initial draft rules. It took written comments on the initial draft rules through Monday and will issue revised draft rules later this month. The LCB will hold public hearings on the rules for all three envisaged licenses -- grower, processor, and retailer -- in late July, promulgate final rules in August, begin accepting license applications in September, and begin issuing licenses in December.

From then, it is still likely to be months before the first legal marijuana is sold in Washington because only once growers are licensed will legal marijuana destined for retail sale be in the pipeline. It takes a minimum of three months to bring an indoor crop to harvest. But by sometime next spring, consumers should be able to go to their local pot shop and make their selections.

"These initial rules balance our goal of developing a tightly regulated system with reasonable access for small and large business models to participate within the system," said Board Chair Sharon Foster. "They are based upon hundreds of hours of internal research and deliberation, consultation with multiple industry experts and input from the over 3,000 individuals who attended our forums statewide."

The initial draft rules reflect the Board's stated goal of developing a tightly regulated and controlled recreational marijuana market. Included in the rules are elements that address out-of-state diversion of product, traceability of product from start to sale, youth access and other public and consumer safety concerns.

Here are some of the key elements in the initial draft rules: 

License Requirements

  • Application Window -- The application window would open for 30 days for all license types and be extended or reopened at the Board's discretion. This approach was similar to how Colorado opened its medical marijuana system.
  • Background Checks -- License applicants and financiers would be required to submit a form attesting to their criminal history, provide fingerprints, and allow criminal background checks. 
  • Point System -- The WSLCB would employ a disqualifying criminal history point system similar to liquor. An exception would be allowed for two misdemeanor convictions of possession within three years.

Public Safety

  • Producer Structures -- Producer operations would be allowed in both secure indoor grows or greenhouses.
  • Traceability -- A robust and comprehensive traceability software system will trace product from start to sale.
  • Violation Guidelines -- In addition to the $1,000 fine for certain violations established by I-502, the initial draft rules also include a strict tiered system of violation penalties over a three year period (similar to the current standard penalty guidelines for liquor).
  • Security -- The rules direct strict on-site surveillance systems similar to Colorado's current system.  
  • Advertising Restrictions -- I-502 restricts advertising within 1,000 feet of schools, public parks, transit centers, arcades, and other areas where children are present. The draft rules further restrict advertising as they pertain to children.

Consumer Safety

  • Behind the Counter Storage -- No open containers allowed.  
  • Package and Label Requirements -- Consumers will know contents and potency of products they purchase.
  • Defined Serving Size -- Serving sizes equal 10 mg of THC. Products are limited to 100 mg.
  • Lab Tested -- Uniform testing standards by independent accredited labs.

With the release of the initial draft rules, the period for written comment opened up. One of the first analyses -- not a formal comment -- came from the Henry Wykowski law firm, a San Francisco marijuana law practice that recently opened a Seattle office. Drafted by Wykowski attorney Rachel Kurtz, a longtime player in the Seattle marijuana reform scene, the analysis shined a light on some of what could be described as the rules' downsides.

"Hash will not be allowed for sale at the retail stores," the analysis noted. "According to the draft rules WAC 314-55-079, 'marijuana extracts,' such as, hash, hash oil, shatter, and wax can be infused in products sold in a marijuana retail store, but RCW 69.50.354 does not allow the sale of extracts that are not infused in products. A marijuana extract does not meet the definition of a marijuana-infused product per RCW 69.50.101."

The Wykowski analysis also warned that "fingerprinting will be required and sent to the FBI for anyone with an interest in the business being licensed, including financiers." That means anyone seeking a marijuana license is potentially incriminating oneself to the federal government, which continues to consider marijuana an illegal substance, even in states that have legalized it.

After Monday's deadline for comments passed, the LCB reported that while initial comments on the rules were relatively light, the agency received extensive written comment over the final weekend and throughout Monday from public and private organizations.

"In keeping with our goal of an open and transparent process for drafting the rules, we’re going to take an additional two weeks to consider the last-minute input we’ve received," said LCB Director Rick Garza. "The Board was prepared to issue the rules on June 19. However, it's our responsibility to carefully review and consider the comments we received."

Among those commenting were Washington NORML, the Washington Cannabis Association, Seattle City Attorney Pete Holmes, organizations with concerns about impacts on minorities, and organizations with concerns about prevention, treatment, and public health, both led by the ACLU of Washington, whose Alison Holcomb took a leave of absence to lead the I-502 campaign to victory. The comments revealed a variety of interests -- some conflicting -- and concerns from various stakeholders in the issue.

The prevention, treatment, and public health groups called for tighter restrictions on packaging, labeling, and advertising, shorter hours for retail outlets, and getting rid of the logo that features a marijuana leaf centered over an outline of the state, while the minority groups called on the LCB to ensure that their communities did not become dumping grounds for marijuana retail outlets.

"Initiative 502 was designed to achieve better health and safety outcomes for our families and communities than marijuana prohibition has," said Holcomb. "It was not intended to 'mint marijuana millionaires' who prioritize profits over public health. The goal is to improve upon our experiences with alcohol and tobacco, not repeat them."

"We supported I-502 because we were very concerned about the disproportionate enforcement of marijuana possession on African-Americans and communities of color," said Jon Gould, deputy director of the Children's Alliance, which signed onto the public health comments. "Prohibition hasn't worked, and it has had damaging effects on children and families. We think regulation would be better."

"The Board needs to remember that it is setting a standard for marijuana regulation," said University of Washington professor Roger Roffman, who also signed on to the public health comments. "We have a unique opportunity to create a system that discourages glamorization of marijuana use and encourages respect for the public's health and wellbeing. Let's not waste it."

While the public health and minority communities were concerned with restraining the marijuana marketplace, other constituencies had other concerns.

"Most of our constituents are small growers with a hundred plants or less. We argued that when it comes to growing, priority should be given to individuals who are willing to have a garden of 99 plants or less," said Kevin Oliver, executive director of Washington NORML.

"Our constituency includes two separate US Attorney districts that have disparate levels of enforcement activity. If the US Attorney's Office in the Eastern District gets wind of any marijuana operations, they shut them down. They're discussing zoning for grows the size of a football field in Seattle, and good for them, but that won't fly in eastern Washington. If they ignore the little guy, that's going to cut out anybody in eastern Washington, that's why we want them to prioritize for small growers under 99 plants."

The 99 plants number is based on federal mandatory minimum sentences that kick in at 100 plants, but is also based on the observation that federal prosecutors are unlikely to go after grows that small when there are bigger fish to fry -- and bigger punishments to hand out.

"Our concerns were very similar to most everyone else who was frustrated with the board's definition of what can be sold at retail and it's not allowing extracts like hash oil," said Kurtz, who worked with the Washington Cannabis Association in crafting its comments. "Nobody is happy about that. There are a lot of business people who were counting on that for their business model. The whole purpose of the initiative was to get rid of a black market, but by not allowing that retail, a black market will remain. We might as well actually regulate because it's going to happen regardless, but they don't seem very keen to change," she said.

"The draft regs also don't allow for outdoor grows, but I have some hope they will change that," Kurtz added . "They've heard back from a lot of people about the need for outdoor grows, including Seattle City Attorney Pete Holmes. Forcing everyone indoors increases energy consumption, and growing outdoors is less expensive."

On the upside, the LCB seems to be crafting reasonable regulations for out of state visitors and for preventing diversion, although diversion probably won't be a big issue, Kurtz said.

"This doesn't limit out of state people at all," Kurtz explained. "You can buy an ounce at a time, which is the limit of what you can legally possess."

There is no integrated system to track purchasers, so out-of-staters could theoretically go from retail outlet to retail outlet, building their stashes an ounce at a time, but that doesn't mean there will be an issue with diversion to other states, Kurtz argued.

"Economically, it just doesn't make sense," she said. "If someone from North Dakota wants to sell pot there, they could come here, but they would be paying full retail and having to go to a bunch of stores, and they wouldn't have much of a profit margin paying retail. Or they could just grow some in their basement in North Dakota."

A larger issue is diversion from cultivation sites, but Kurtz argued that a combination of security and grower self-interest should limit that.

"There is going to be a lot of recordkeeping, an electronic system where growers will have to input data daily," she said. "There are product quarantines, there are security cameras. But more importantly, people are preparing to invest a lot of money in this to have a legitimate business, not to divert pot to the black market. I've been meeting a lot of people who I don't think would risk their licenses to sell to the black market."

Washington's legal, regulated marijuana commerce is still a work in progress, but stakeholders pronounced themselves generally satisfied with the process so far.

"We are in completely new territory in terms of creating a legal marketplace and we're being very vigilant. It's too soon to tell whether this new environment is going to adequately protect youth and be an effective public health approach," said the Children Alliance's Gould.

"This has been a good public process, with lots of transparency and broad engagement. They are doing a good job in terms of being open and transparent," he continued. "What is also really apparent is the enormous amount of competition this has created, with industries and individuals looking at this as an opportunity for profit. There are choices that need to be made, and we and others are speaking up, saying we need to choose public health and kids over profiteering. If the WSLCB creates an environment based on policies designed to make this more profitable, that could have a detrimental impact on children, youth, and the public health."

"We're getting there," said Kurtz. "Eventually we will have a good system, but it may take a few years to figure itself out."

And so marijuana begins the transition from illegal drug to legal commodity in Washington state. That is, if the federal government allows it to happen. So far, the federal government has given little indication it's going to do much of anything about it, but that could change. Stay tuned.

WA
United States

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

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

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

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

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

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

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

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

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

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

Lust and Privilege at the County Courthouse

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A Frame-Up Exposed

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chatsworth, GA
United States

OAS Releases Historic Report on Drug Policy Alternatives [FEATURE]

The Organization of American States (OAS) Friday released a ground-breaking report on hemispheric drug control that includes not only an assessment of the current state of affairs, but also looks at a number of alternate scenarios for future directions in drug policy, including explicit analysis of possible regulation and legalization regimes.

Colombian President Santos (l) receives the report from OAS head Insulza in Bogota Friday (oas.org)
The report comes even as the US military is expanding its drug war in Latin America.The military is deploying assets to Central and South America, and US military assistance in Latin America has quadrupled in the last decade -- even as the region faces no external and diminishing internal threats.

The report, The Drug Problem in the Americas, was commissioned at last year's Cartagena Summit of the Americas, where a number of Latin American leaders led by Colombian President Juan Manuel Santos criticized existing drug policies and called for a discussion of alternatives. On Friday, OAS head Jose Miguel Insulza hand-delivered the report to Santos in Bogota.

Prepared by researcher and analysts at the Inter-American Drug Abuse Control Commission (CICAD) under the supervision of the OAS, the report is divided into two discrete sections, an analytical report and a scenarios report. It is the scenarios report that addresses possible directions in drug policy, including the formal consideration of legalization and regulation regimes.

The scenarios report envisions four possible (and not necessarily mutually exclusive) policy directions and how each scenario "understands" the drug problem, what the attempted response would be under that scenario, and the opportunities and challenges involved in acting on those scenarios.

Two scenarios, "Together" and "Resilience," represent largely traditional responses to drug use and the drug trade, with calls for the strengthening of weak states and their judicial institutions or addressing underlying social problems and strengthening communities to fight violence and addiction, respectively.

It is the other two scenarios, "Pathways" and "Disruption," that represent innovations in thinking at the policy-making level. In the "Disruption" scenario, the violence and instability created by the drug trade under prohibition is so severe that authorities "cut a deal" with traffickers in a bid to achieve social peace. This might, more or less fairly, be called "the Mexican scenario," given that previous Mexican PRI governments are almost universally assumed to have made such bargains with trafficking organizations, and given widespread speculation these days that the current PRI government may be considering something similar.

drug seizure, Mexico (sedena.gob.mx)
In the "Pathways" scenario, CICAD "understands" the problem as "the current regime for controlling drugs through criminal sanctions (especially arrests and incarceration of users and low-level dealers) is causing too much harm." The response is "trying out and learning from alternative legal and regulatory regimes, starting with cannabis."

The opportunities presented under the "Pathways" scenario include "development of better drug policies through experimentation, reallocation of resources from controlling drugs and drug users to preventing and treating problematic use, and shrinkage of some criminal markets and profits through regulation," while potential problems include "managing the risks of experimentation, especially with transitioning from criminal to regulated markets (including possible increases in problematic use), dealing with contraband, and new inter-governmental tensions that result from differences in regimes between jurisdictions."

The report is being welcomed as marking a true advance in the drug policy dialog at the hemispheric and international levels.

"The review explores what can be done in a post-drug war world," said Kasia Malinowska-Sempruch, director of the Open Society Global Drug Policy Program. "This report envisions a number of possibilities that will broaden the current debate on drug policy reform."

"As part of the scenarios team, we worked to make it clear that another reality is indeed possible, that our countries can move orderly toward regulated drugs markets, and that there are possibilities to achieve better results," said Lisa Sanchez, coordinator of drug policies at the Transform Drug Policy Foundation and Mexico Unido Contra la Delinquencia, who worked on the report. "It is clear that the state should no longer ignore its responsibility to guarantee the health and security of all its citizens, and to do this, it needs to regain control over the drug markets which are currently illegal."

"While leaders have talked about moving from 'criminalization' to 'public health' in drug policy, punitive, abstinence-only approaches have still predominated, even in the health sphere," said Daniel Wolfe, director of the Open Society International Harm Reduction Program. "These scenarios offer a chance for leaders to replace indiscriminate detention and rights abuses with approaches that distinguish between users and traffickers and offer the community-based health services that work best for those in need."

methamphetamine user under arrest, US (wikimedia.org)
"This is the beginning of an international conversation on a new approach to drugs," said David Holiday, senior regional advocacy officer for the Open Society Latin America Program. "We can hope this will move policies from those currently based in repression to strategies rooted in public health and human rights."

That international conversation on drug policy will get going next week, when the OAS report will be presented and discussed at the bi-annual CICAD meeting in Washington, DC. Two weeks after that, the report and discussions over drug policy in the Americas will be the main agenda item -- "Toward a comprehensive anti-drug policy in the Americas" -- at  the annual session of the OAS General Assembly, which is attended by foreign ministers in the region. Advocates are hoping that these regional discussions will also be taken up at the 2016 United Nations General Assembly Special Session on Drugs.

"Never before has a multilateral organization engaged in such an inclusive and intellectually legitimate analysis of drug policy options," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "Indeed, it would have been inconceivable just two years ago that the OAS -- or any multilateral organization -- would publish a document that considers legalization, decriminalization and other alternatives to prohibitionist policies on an equal footing with status quo policies. Political pressures by the US and other governments would have made that impossible."

But much has changed in just the past few years, Nadelmann noted. In 2009, former presidents Fernando Henrique Cardoso (Brazil), César Gaviria (Colombia) and Ernesto Zedillo (Mexico) joined with other members of the Latin American Commission on Drugs and Democracy in saying the time had come to "break the taboo" on exploring alternatives to the failed war on drugs.

In 2011, those presidents joined with former UN Secretary General Kofi Annan, former U.S. Secretary of State George Shultz, former Federal Reserve Board chairman Paul Volcker, former Swiss President Ruth Dreifuss and other members of the  Global Commission on Drug Policy in calling for fundamental reforms to national and global drug policies.  Former presidents Jimmy Carter, Ricardo Lagos (Chile), Vicente Fox (Mexico) and Aleksander Kwasniewski (Poland) were among those who seconded their recommendations.

Late that year, sitting presidents began to join the calls of their predecessors.  These included President Santos in Colombia, Otto Perez Molina in Guatemala, José Mujica in Uruguay and then-President Felipe Calderonof Mexico. Simultaneously, the victorious marijuana legalization ballot initiatives in Washington State and Colorado transformed a previously hypothetical debate into real political reform.  Other states will almost certainly follow their lead in coming years.

"The OAS scenarios report thus represents the important next step in elevating and legitimizing a discussion that until a few years ago was effectively banned from official government circles," Nadelmann said. "It is sure to have legs in a way that few reports by multilateral institutions ever do."

Bogota
Colombia

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