Drug War Chronicle #1131 - April 29, 2021

Chronicle Book Review: "We Own This City: A True Story of Crime, Cops, and Corruption"

We Own This City: A True Story of Crime, Cops, and Corruption by Justin Fenton (2021, Random House, 335 pp., $28.00 HB)

The thuggish, racially-charged reality of the war on drugs sometimes leaps dramatically into the national spotlight, as when gung-ho drug cops in Louisville gunned down Breonna Taylor in her own apartment last year or when a North Carolina SWAT team sent to execute a routine drug warrant managed to shoot Andrew Brown in the back of the head as he fled in his car. Both were African-American, both collateral damage in the endless drug war.

Such outrages inevitably -- and deservedly -- shock the conscience of the nation and garner lots of headlines. And they sometimes lead to reforms, with Taylor's death resulting in a Louisville ban on no-knock raids and a statewide partial ban on them, as well as propelling legislation both in other states and in Congress.

But most of the time, the drug war just grinds on, chewing up its victims and turning them into raw inputs for the criminal justice industrial complex, but also engendering both crime related to black market activities and deep mistrust if not outright loathing in the communities of color most ground down by the heavy hand of prohibition policing.

It also has a way of chewing through the integrity of too many cops. Corruption and drug law enforcement have gone hand in hand from the days of Harry Anslinger's crooked federal narcs all the way through the war on drugs. The litany of drug-related police corruption scandals is long and sordid, from Serpico's NYPD to the LAPD's Ramparts scandal, the Oakland Riders, Philadelphia's Tarnished Badge scandal and lesser, but equally corrupt groups of officers in places such as Miami, Memphis, Tulsa, and Baton Rouge.

And now we can add Baltimore's Gun Trace Task Force scandal. The name should ring a bell among regular readers of the Chronicle's This Week's Corrupt Cops Stories, where task force members made regular appearances among our listings of officers arrested, convicted, and sentenced for their criminal misdeeds in the past few years. But now, Baltimore Sun crime reporter Justin Fenton, who covered the whole thing as it unfolded, wraps it all up in an ugly little package in We Own This City, the title taken from the arrogant braggadocio of one of the miscreants.

In the 2010s, Baltimore was a city battered by decades of deindustrialization and declining population, hammered hard by heroin, and with surging crime and a murder count reaching record highs. Mayors came into office with new anti-crime plans and appointed new police chiefs with new strategies, but nothing was working. And then came the death of Freddy Gray, a 25-year-old Black man who died in the back of a police paddy wagon under suspicious circumstances.

As the city and the police department reeled in the face of furious outbreaks of rioting and mass protests, they turned to one of the department's stars, a self-promoting hot dog of a cop who managed to make more gun busts than anyone -- and made sure his supervisors knew it -- Sgt. Wayne Jenkins and his squad of elite plainclothes "jump out boys" in the Gun Trace Task Force.

But Jenkins and his boys were less about addressing the drugs and guns problem than exploiting it for their own ends. For years, the crew went on a rampage of unlawful traffic stops, break-ins, robberies, evidence-planting, and drug dealing as they preyed on the citizens of Baltimore -- mostly the Black citizens of Baltimore. They specialized in identifying and ripping off drug dealers and used their networks of informants to peddle the dope right back onto the same streets they took in from. Their false testimonies sent people to prison, and their reckless behavior led to the death of at least one innocent bystander.

That the Gun Trace Task Force got away with its out-of-control crime spree for years is an indictment not only of the amoral men involved, but also the public officials and police administrators who should have caught on but remained clueless until it all exploded in their faces thanks to a federal investigation that eventually cracked the case wide open. It's also a reminder that enforcing drug prohibition generates such scandals on a predictably regular basis.

Fenton does an admirable job of tying this multi-tentacled story into a neat, if disturbing little package. As a local crime reporter, he has the background and extensive contacts to provide a thorough understanding of city and state politics, the intricacies of the Baltimore Police Department, and the people of the city, both folks involved in the trade and just regular folks swept up in the task force crime wave. In so doing, he becomes the voice of the city, appalled and disgusted by the moral rot within the Gun Trace Task Force.

Drug war police corruption is an old story, but this time with a new locale and a new cast of characters, brought to life by a seasoned journalist. We Own This City is a gripping and disturbing read, carrying a lesson we still have not learned.

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Medical Marijuana Update

Albama DAs go Reefer Madness over a medical marijuana bill, Hawaii seeks an exemption from the DEA to run its medical marijuana program free from fear of federal enforcement actions, and more.

Alabama

Alabama District Attorneys Urge Lawmakers to Reject Medical Marijuana. Twenty-three of the state's 42 district attorneys have sent a letter to the legislature urging lawmakers to oppose a pending medical marijuana bill. In language right out of the last century, they called marijuana a "gateway drug" and "a wolf in sheep's clothing."

Hawaii

Hawaii Legislature Approves Resolution Seeking Medical Marijuana Exemption from DEA. The state legislature has adopted a resolution, HCR 132, asking the state Health Department to seek an exemption from the DEA to permit it to run its medical marijuana program without fear of federal interference. The resolution asks the Health Department to seek an "exception to regulations" and to seek a DEA rulemaking process to protect the state's medical program from violating the Controlled Substances Act's requirements for drugs in Schedule I.

Louisiana

Louisiana Bill to Allow Smokable Medical Marijuana Advances. The House Health and Welfare Committee voted 12-1 Thursday to advance House Bill 391, which would allow medical marijuana patients to smoke their medicine. Louisiana's dispensaries sell medical marijuana in liquids, topical applications, inhalers and edible gummies. But they are barred from offering raw marijuana in smokable form. The proposal heads next to the full House for debate and a vote.

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This Week's Corrupt Cops Stories

A trio of North Carolina deputies get nailed for unlawfully seized a suspected drug dealer's car, a sticky-fingered Arkansas sheriff's lieutenant gets stung, and more. Let's get to it:

In Nashville, North Carolina, a Nash County jail guard was arrested Monday after being caught trying to smuggle suboxone into the jail. Guard Chaka Johnson was found with Suboxone, a drug used to treat opioid dependence, on him as he arrived at work. He is charged with possession of a controlled substance in a prison/jail premises.

In North Port, Florida, a North Port Police civilian employee was arrested Tuesday after being found in possession of numerous controlled substances. Former Forensic Supervisor Tracy Gold, 48, got caught with 17.8 grams of hydromorphone, 35 grams of oxycodone, and 19.2 grams of hydrocodone, as well as small amounts of alprazolam, triazolam and tramadol. She is facing six felony counts, four for illegal possession of prescription pills and two for having enough pills to traffic drugs.

In Henderson, North Carolina, three Vance County sheriff's deputies were indicted Tuesday on charges they illegally seized a suspected drug dealer's vehicle and then tried to cover it up. Deputies Stephen O'Neal Staton Sr., 52, Purav Jitendrakuma Patel, 25, and Mitch Taybron Pittman, 47, are each charged with embezzlement by a government employee, accessing a government computer to defraud, motor vehicle title fraud and four counts of criminal conspiracy. Staton and Patel also were charged with obstruction of justice, while Pittman also was charged with extortion. The trio stopped a 2007 Cadillac last year and seized the vehicle even though the driver wasn't even charged with a drug crime. All three deputies have been suspended until the case is resolved.

In Port Angeles, Washington, a former state prison guard was sentenced last Thursday to 3 ½ years in state prison for smuggling methamphetamine and other drugs into the Clallam Bay Corrections Center. Alfonso Estriba Cofone, 38, had earlier pleaded guilty to possession with intent to deliver a controlled substance. His sentence includes 24 months for committing the crime while living within 1,000 feet of a preschool. He had received $5,000 for smuggling meth, suboxone strips, and marijuana oil into the prison, and he told the court he did it because his mother was sick with cancer and the family needed money for her care.

In Little Rock, Arkansas, a former Greene County sheriff's lieutenant was sentenced last Friday to two years in federal prison for stealing more than $30,000 in a drug sting operation. Allen Scott Pillow, 56, went down after FBI agents received a tip that he might be crooked and then set up a fake drug scene with $76,000 in cash in a backpack inside a vehicle. The FBI then asked Pillow to investigate and reported only finding $45,600 inside the backpack. The rest of the money was found at Pillow's home. He pleaded guilty to theft of government property.

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NC Black Man Killed By Cops Was Fleeing Drug Raid, CA Senate Approves Safe Injection Sites, More... (4/23/21)

US-Mexico law enforcement cooperation in battling Mexican drug cartels is at a standstill, a Montana marijuana legalization implementation bill is heading for House and Senate floor votes, and more.

Marijuana Policy

Montana Senate Committee Approves Marijuana Legalization Implementation Bill. The Senate Select Committee on Marijuana Law has approved House Bill 701, which is aimed at implementing the state's voter-approved marijuana legalization law. The committee approved more than 30 amendments to the bill addressing multiple aspects of legalization implementation. The bill will now head to House and Senate floor votes.

Harm Reduction

California Senate Approves Safe Injection Site Bill. The state Senate on Thursday approved Senate Bill 57, sponsored by Sen. Scott Weiner (D-San Francisco). The bill would legalize safe injection sites as pilot programs in Los Angeles County, Oakland, and San Francisco. The bill now heads to the Assembly, and even if approved there and signed into law, it still faces federal hurdles too.

Law Enforcement

Unarmed Black Man Killed By North Carolina Cops Died Fleeing Drug Raid. Andrew Brown, the Elizabeth City, North Carolina, man killed by sheriff's deputies on Tuesday, died after being shot as he attempted to flee the scene in his vehicle. His killing by Pasquotank County deputies has sparked continuing protests, and the sheriff's office is being pressed to release deputies' body cam footage. Witnesses said deputies began shooting at Brown as he started to drive away from law enforcement. The sheriff said all three deputies on the scene fired their weapons.

US Investigations into Drug Cartels Paralyzed by Standoff with Mexico. Former and current officials in both the US and Mexico told Reuters that the fight against Mexican drug trafficking organizations has "ground to a halt" because of strained relations between the two counties. The freeze came after DEA agents arrested a Mexican general who was later released under pressure from Mexico, but that raid sparked the Mexican Congress to enact a new law requiring US drug agents to report their law enforcement contacts in the country to Mexican officials, whom the Americans regard as corrupt. As a result, investigators from both countries have paused their cooperation out of fear that cases could be compromised or informants killed.

International

Colombia Indigenous Community Attacked for Anti-Coca Stance. An indigenous community in the township of Caldono in Cauca province is under attack from armed leftist and rightist groups tied to the coca and cocaine trade. Last Tuesday, indigenous governor Sandra Liliana Peña Chocue, who opposed coca crops in indigenous lands, was assassinated, and last Thursday, at least 31 members of the community were wounded when one of the armed groups opened fire on them as they manually eradicated coca crops.

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WA to Make Drug Possession a Misdemeanor, FL Supreme Court Throws Out Legal Pot Initiative, More... (4/26/21)

The Philadelphia City Council votes to bar most pre-employment drug testing for marijuana, leading Democratic senators call on the attorney general to undo a Trump-era ruling that federal prisoners freed because of the pandemic must return to prison once it ends, and more.

Marijuana Policy

Florida Supreme Court Strikes Down 2022 Marijuana Legalization Initiative. The state Supreme Court last Thursday threw out a proposed voter initiative constitutional amendment, holding that the measure's ballot summary was misleading because it says it "permits" the possession, production, and sale of marijuana when marijuana is still illegal under federal law. The state's Republican attorney general challenged the initiative on those grounds last year and the state's all Republican-appointed court justices agreed. Now, its back to the drawing board for legalization supporters in the state.

Philadelphia City Council Votes to Prohibit Pre-Employment Drug Screening for Cannabis. The city council voted overwhelmingly to approve a municipal ordinance, Bill No. 200625, that "prohibits employers from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment, under certain terms and conditions." Some safety-sensitive positions, such as police officers or those who supervise children or medical patients will be exempted, as well drug testing mandated under federal law. Mayor Jim Kenney (D) is expected to sign the measure into law.

Drug Policy

Washington Legislature Passes Bill to Make Drug Possession a Simple Misdemeanor. The legislature on Saturday gave final approval to a bill designed to overhaul the state's drug sentencing scheme after the state Supreme Court in February threw out the state's felony drug possession law. The bill, Senate Bill 5476, passed the Senate with language making drug possession a gross misdemeanor punishable by up to a year in jail, but the House amended it to make possession a simple misdemeanor punishable by only up to 90 days in jail. The House also amended the bill so that it expires in two years, leaving the state with no drug possession law unless the legislature acts again.

Incarceration

Leading Democratic Senators Call on Attorney General to Rescind Trump-Era Ruling That Federal Prisoners Released Because of Pandemic Must Return to Prison When Pandemic Ends. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, and US Senator Cory Booker (D-NJ), Chair of the Senate Judiciary Subcommittee on Criminal Justice and Counterterrorism, last Friday sent a letter to Attorney General Merrick Garland requesting that he rescind the Office of Legal Counsel's January 15, 2021, memorandum opinion entitled "Home Confinement of Federal Prisoners After the COVID-19 Emergency" (OLC opinion). In their letter, Durbin and Booker write that the OLC opinion, issued during the Trump Administration, incorrectly finds that following the emergency period of the pandemic, the Bureau of Prisons (BOP) must recall federal inmates released to home confinement pursuant to the CARES Act and require these inmates to complete their sentences at BOP facilities. In fact, the CARES Act neither requires nor permits BOP to recall these prisoners, according to the letter.

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White House Removes Buprenorphine Restrictions, BC Formally Requests Drug Decrim, More... (4/27/21)

A new poll has record support for marijuana legalization in Pennsylvania, House Republicans file a bill to protect gun rights of state-legal marijuana users, House Democrats file a bill to end the lifetime ban on federal cash and food benefits for people with drug felonies, and more.

Marijuana Policy

House Republicans File Gun Rights Bill for Marijuana Users. A group of House Republicans have filed a bill, HR 2830, that would allow marijuana users to purchase guns in states where marijuana is legal. "There's no reason somebody who uses marijuana responsibly and legally should be barred from purchasing a firearm, we're past that," Guns Save Life Executive Director John Boch said."We shouldn't be removing the constitutional rights of people to keep and bear arms just because they're using a drug or recreational marijuana," he added.

Pennsylvania Poll Has Record Support for Marijuana Legalization. A new Muhlenberg College annual public health poll has support for marijuana legalization at 58%, the highest level of support for legalization since the poll began tracking the issue. "The trend on public support for legalization of marijuana in Pennsylvania is clear, with support growing for the eighth year in a row," Chris Borick, director of the college's Institute of Public Opinion, said in a statement accompanying the survey results. "As the state government considers this policy option, the public is increasingly coming to the conclusion that they support legalization."

Medical Marijuana

Hawaii Legislature Approves Resolution Seeking Medical Marijuana Exemption from DEA. The state legislature has adopted a resolution, HCR 132, asking the state Health Department to seek an exemption from the DEA to permit it to run its medical marijuana program without fear of federal interference. The resolution asks the Health Department to seek an "exception to regulations" and to seek a DEA rulemaking process to protect the state's medical program from violating the Controlled Substances Act's requirements for drugs in Schedule I.

Drug Policy

House Democrats File Bill to End Ban on Federal Assistance for People with Drug Felonies. A handful of Democratic congressmen on Monday filed the Making Essentials Affordable and Lawful (MEAL) Act (not yet on the congressional web site) to stop states from imposing a lifetime ban on people with drug felonies from receiving federal cash and food assistance. Most states have already waived the ban, but the drug war-era law that imposes the ban remains on the books.

Drug Treatment

Biden Administration to Allow Nearly All Doctors to Prescribe Buprenorphine. The administration announced on Tuesday that it intends to dramatically deregulate the opioid maintenance treatment drug buprenorphine. The move was first proposed by the Trump administration back in January and would allow just about any doctor to treat patients with the drug, which is considered the most effective medication for opioid addiction.

International

British Columbia Formally Requests Permission from Canadian Federal Government for Provincial Drug Decriminalization. Five years to the day after the province declared a public health emergency because of overdose deaths, British Columbia has formally requested a federal exemption from Health Canada to decriminalize the personal possession of drugs. The province is specifically seeking a province-wide exemption from the Controlled Drugs and Substances Act to eliminate criminal penalties for drug possession. "Stigma drives people to hide their drug use, avoid health care and use alone," Mental Health and Addictions Minister Sheila Malcolmson said. "Through province-wide decriminalization, we can reduce the fear and shame that keep people silent about their drug use, and support people to reach out for help, life-saving supports and treatment."

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Biden FDA Set to Ban Menthol Cigarettes, Louisiana MJ Legalization Advances, More... (4/28/21)

A Montana bill to implement voter-approved marijuana legalization heads to the governor's desk, the South Dakota Supreme Court hears oral arguments in a case challenging voter-approved marijuana legalization there, and more.

Marijuana Policy

Louisiana Marijuana Legalization Bill Wins House Committee Vote. A bill to legalize marijuana, House Bill 524, was approved Tuesday by the House Criminal Justice Committee. The bill advanced on a 7-5 vote, with three Republicans joining their Democratic colleagues to approve it. A second bill, House Bill 24, which would decriminalize marijuana possession, was also approved by the committee.

Montana Marijuana Legalization Implementation Bill Goes to Governor. A bill to implement voter-approved marijuana legalization, House Bill 701, has passed out of the legislature and is now on the desk of Governor Greg Gianforte (R). Republicans had balked at directing some marijuana revenues to conservation projects but voted for the bill after being reminded that if the legislature didn't pass it, the marijuana legalization initiative would go into effect without its input.

South Dakota Supreme Court Hears Oral Arguments on Governor's Challenge to Voter-Approved Marijuana Legalization. The state Supreme Court on Wednesday heard oral arguments in a lawsuit sponsored by Gov. Kristi Noem (R) challenging the constitutionality of the voter-approved Amendment A marijuana legalization initiative. The measure passed with 54% of the vote, but at the governor's direction, a county sheriff and the head of the state Highway Patrol filed the lawsuit, arguing the initiative was too broad. A circuit court judge in Pierre earlier ruled against the initiative. A decision in the case is not expected for weeks or months.

Medical Marijuana

Alabama District Attorneys Urge Lawmakers to Reject Medical Marijuana. Twenty-three of the state's 42 district attorneys have sent a letter to the legislature urging lawmakers to oppose a pending medical marijuana bill. In language right out of the last century, they called marijuana a "gateway drug" and "a wolf in sheep's clothing."

Tobacco

Biden Administration Set to Ban Menthol Cigarettes. The administration is expected to announce this week that it will move to ban menthol cigarettes. The move is supported by tobacco foes and some civil rights groups, who say that Blacks have been disproportionately harmed by the marketing of menthol cigarettes to their communities. But some drug reformers worry the move could lead to a new prohibition. The FDA faces a Thursday deadline to respond to a 2013 petition seeking a menthol cigarette ban and could announce the move then.

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