Drug War Chronicle #684 - May 19, 2011

At Least Seven Police Officers Died for Drug Prohibition Last Year [FEATURE]

Last Friday, thousands of police from across the country, as well as civilians, gathered in downtown Washington, DC, for a candlelight vigil to honor law enforcement officers who gave their lives in the course of their duties. The event was a highlight of National Police Week, sponsored by the National Law Enforcement Officers' Memorial Fund, which is set up to honor those who have died.

There were plenty to remember. According to the Officer Down Memorial Page, 158 law enforcement officers died in the line of duty last year. Not all of them were killed by criminals. Forty-three died in auto accidents, 12 died of heart attacks, seven were struck by vehicles, five died in motorcycle accidents, four died in vehicle pursuits, two each died of falls, aircraft accidents, and accidental gunshot wounds, and one each died of heat exhaustion, unspecified accident, training accident and boating accident.

According to FBI statistics released Monday, 56 of those law enforcement deaths were felonious, 55 by gunfire and one by motor vehicle. According to a Drug War Chronicle analysis, seven of those deaths were related to drug law enforcement. Our parameters are conservative, but unavoidably subjective, fuzzy, and open to challenge. Those incidents where officers were killed because of the way we address illicit drug use and sales are:

• On May 3, 2010, Detroit Police Officer Brian Huff was shot and killed after responding to a 3:30am report of shots fired at "a drug house." Huff and several other officers surrounded the house. When Huff and other officers made entry, they were hit by gunfire. Huff was killed, and four other officers were wounded. The suspect, who was also wounded, was eventually sentenced to life in prison.
• On May 20, 2010, West Memphis, Arkansas, Police Officer Bill Evans and Sgt. Brandon Paudert, who were working drug interdiction on Interstate 40, were shot and killed when they pulled over a vehicle carrying a heavily armed father and son with a serious grudge against the government. When the two officers ordered the men out of the vehicle, a struggle ensued and they were both killed by fire from an AK-47. The suspects fled, but both were later killed in separate shoot-outs with law enforcement. The Crittenden County sheriff and one of his deputies were wounded in one of the shoot-outs.
• On July 21, 2010, George County, Mississippi, Sheriff Garry Welford was struck and killed by a vehicle being pursued by deputies. The driver of the vehicle was wanted on a warrant for failing to appear for sentencing on a narcotics charge. The driver and his passenger were later arrested and charged in connection with Welford's death
• On July 28, 2010, Chandler, Arizona, Police Officer Carlos Luciano Ledesma was shot and killed while conducting an undercover "reverse" sting operation in Phoenix. Working with two other undercover officers, Ledesma was attempting to sell 500 pounds of marijuana when the suspects came out firing. The other officers were able to return fire, killing two suspects and taking six others into custody. The two other officers were also wounded.
• On November 14, 2010, Green County, Georgia, Sheriff's Office Chief Deputy Kevin Roberts was shot and killed at his home by the target of a narcotics investigation the sheriff's office was undertaking. The subject had gone to his home and knocked on the door at about 8:30 am on a Sunday morning. When Chief Deputy Roberts answered the door he was fatally shot by the man, who then killed himself.

If these seven deaths all qualify as drug war-related, that means police killed as part of the drug war account for 12.5% of all felonious officer deaths. The number may seem small -- only seven dead officers -- but that is seven officers who most likely would not be dead today but for drug prohibition. And nobody seems to know how many were wounded, sometimes with grave consequences, but it is almost certain to exceed the number killed.

[Editor's Note: Nor is anybody counting how many civilians are being killed in the name of drug law enforcement -- except for Drug War Chronicle. This year, we are tallying every reported death due to US domestic drug law enforcement operations. Just for perspective, so far, we have 25 dead civilians and two dead law enforcement officers.]

"One dead police officer is too many in my book, said Neill Franklin, a 34-year veteran of the Baltimore Police Department and Maryland State Police who now heads the group Law Enforcement Against Prohibition (LEAP). "If we can save one life through drug policy reform, it's worth it to me."

"I may have to die as a cop, but I certainly don't want to die just because some 13-year-old is slinging crack," said Peter Moskos, a former Baltimore police officer and author of Cop in the Hood, who is now on the faculty of the John Jay College of Criminal Justice in New York City.

There are ways to reduce that likelihood, both men said. They range from harm reduction measures such as decriminalizing marijuana possession, decriminalizing all drug possession, and providing heroin maintenance for addicts, to rebuilding police-community relations, especially in the inner cities, to revisiting and revising police tactics, particularly SWAT-style no-knock raids and perhaps those "reverse sting" operations, to shifting police resources and priorities.

"Why are the cops selling pot?" asked an incredulous Moskos as he reviewed the killing of Chandler Police Officer Ledesma in a "reverse sting" gone horribly awry. "Why sell 500 pounds of marijuana? What were you hoping to do?"

"We're starting to see marijuana decriminalization in more states, and I think that's important," said Franklin, citing New York City's policy of mass stop and frisks and mass marijuana possession arrests, almost always against young people of color. "If more states starting moving toward decriminalization, we could relieve some of the pressure from this steaming tea kettle. That would make for a more relaxed environment between police and young people. Prohibition has made our communities extremely tense and dangerous, and the cops are on edge. We have to rebuild this relationship."

"We can fight the war on drugs less," said Moskos. "Police do have discretion. They can focus on other crimes and shift resources accordingly."

And they could rethink the gung-ho paramilitary raids, said Moskos. "I always think of David Koresh and the Branch Davidians in Waco," he said. "They could have just picked him up at McDonald's. But from the cop perspective, these raids are pretty safe. They represent a shift in police mentality. They're not so safe for civilians, but that's a risk police are willing to take. They would rather have collateral damage than damage to their own ranks."

Both Franklin and Moskos said that only counting incidents where there is a direct drug war connection probably results in undercounting the number of police officers killed because of drug prohibition. The case of Georgia State Patrol Officer Chadwick LeCoy, which didn't make the list, is illustrative of the broader impact of decades of drug war on the safety of police. LeCroy was shot and killed after a short vehicle pursuit on December 27. He wasn't enforcing the drug laws, but the driver who killed him had extensive experience with the criminal justice system, including prior drug, firearms, and eluding police convictions.

Given the millions of drug arrests in the past few decades, the tens of millions of years worth of prison sentences handed out, the lives knocked off track by a drug-based encounter with the criminal justice system, it is no leap of the imagination to think there are plenty of people out there nursing very serious grudges -- grudges that might manifest themselves as attacks on police even if there is no immediate drug link.

"Maybe we need a separate category: this would not have occurred if drugs were not illegal," said Moskos. "If someone has a long record because of drugs and then shoots at a cop at traffic stop, that could fit that category. Police get the brunt of it because of the war on drugs."

"These decades of drug war have poisoned the well," said Franklin, recalling his teenage years in Baltimore. The kids would be hanging out, and when the patrol car rolled around the corner, they would chat and joke with the officer before he went on his way, he said.

"Now, in that same neighborhood, when a police call turns the corner, the first thing you hear is shouts of '5-0' and everyone scatters," he related. "If I tried to talk to them, they were very standoffish and using words you don't want to repeat. It's a very antagonistic and uncomfortable situation; you can feel the tension. They will tell you they don't trust the police and that the police mainly come into their neighborhoods to search them, their cars, and their homes for drugs. The foundation for this separation of police and community is our drug policies and the environment they create."

There are ways to reduce the death toll, both law enforcement and civilian, in the war on drugs. We know what they are and how important the task is. The problem is political will. And the very law enforcement organizations whose officers' lives could be saved are among the biggest obstacles to change.

[Click here for a Flickr slideshow from the 2011 NLEOMF Candlelight Vigil.)

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Rising to the Challenge -- Seizing the Opportunity for Drug Policy Reform

Dear Drug War Chronicle Reader:

Drug policy reform faces challenges and opportunities.

• States continue to enact medical marijuana laws, most recently Delaware, the 16th medical marijuana state; Vermont, a new medical marijuana dispensary state; and Maryland, with a new necessity defense bill that will study medical marijuana dispensaries.
• Nationwide support for legalizing marijuana is nearing 50 percent, and Congress will take up a legalization bill this year.
• States including Georgia, Oklahoma, Florida, Kentucky, Delaware, Ohio and many others are reducing drug sentences or considering it.

But the forces of prohibition aren't sitting still.

• US Attorneys and Montana's legislature are pushing back against medical marijuana.
• A historic though partial reduction in crack cocaine sentences passed by Congress last year remains not retroactive, and draconian sentencing bills continue to pop up.
• Despite the horrific, continuing violence drug prohibition has inflicted on Mexico, leaders continue to duck the issue and suppress debate.

Please take a moment to support our organization with a generous donation. Your support will enable us to continue our publishing that informs, supports and builds the movement; to continue and expand our work with coalitions lobbying for drug policy reform, sentencing reform and ending collateral consequences of drug convictions; and to put plans in place supporting marijuana legalization initiatives coming up in as many as four states.

It is no exaggeration to say that the future depends on you. As Congressman Jared Polis told reformers at a recent gathering, this is an important battle to fight for the country, but victory is not a foregone conclusion: Which way things will go depends on the actions that you take today.

Thank you for supporting our organization and joining our call to end the failed and unjust drug war.

Sincerely,

David Borden, Executive Director
StoptheDrugWar.org
P.O. Box 18402, Washington, DC 20036
http://stopthedrugwar.org

P.S. We continue to offer a range of books, videos and other gift items as our thanks for your donations. See our online donation form for a current listing.

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Delaware Becomes 16th Medical Marijuana State

Delaware Gov. Jack Markell Friday signed into law a medical marijuana bill approved the legislature. Delaware now becomes the 16^th state, along with the District of Columbia, to approve medical marijuana.

The bill, Senate Bill 17, allows people 18 and older who suffer from specified serious or debilitating medical conditions to possess up to six ounces of the herb, but they cannot grow their own. Instead, qualifying patients will be referred to one of three state-licensed and -regulated "compassion centers," one for each county in the state.

"There are so many people in Delaware who are suffering unimaginable pain that this will help, and we want to be able to do what we can to provide much-needed relief for those citizens," said Senate Majority Whip Margaret Rose Henry (D-Wilmington East), who sponsored the legislation. "I am very grateful that so many of my colleagues were able to look past the myths surrounding marijuana and into the eyes and hearts of those who were crying out for our help. Needless to say, I am profoundly grateful to Gov. Markell for his support of this important legislation."

"Today is an amazing victory for seriously ill Delaware patients, who have been waiting a very long time for the chance to use the medicine they need without fear," said Noah Mamber, legislative analyst for the Marijuana Policy Project, who lobbied and mobilized patients, professionals, and grassroots activists in support of the bill. "SB17 is the most comprehensive, tightly-written medical marijuana bill in the country, and with this vote, the Delaware Legislature proved that compassion is not a red or a blue issue. It's a human issue."

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Supreme Court Okays Police Search Based on Marijuana Odor, Noises

The US Supreme Court Monday upheld the search of a Kentucky man's apartment after police broke in without a search warrant because they said they smelled burning marijuana and heard sounds suggesting he was trying to destroy the evidence. The decision in Kentucky v. King overturned a Kentucky Supreme Court ruling in favor of the apartment resident, Hollis King, who was arrested after police entered his apartment and found drugs.

Fourth Amendment doctrine holds that police must obtain a search warrant to search a residence unless there are "exigent circumstances." In the current case, the exigent circumstance was that, after police knocked on the apartment door, they heard noises they said suggested evidence was being destroyed.

The Kentucky Supreme Court had held that police could not use the exigent circumstances exception because they themselves had created the exigent circumstance by knocking on the door. The US Supreme Court begged to differ.

In his opinion for the 8-1 majority, Justice Samuel Alito wrote that people have no obligation to answer the door when police knock or to allow them to come in if they have opened the door. In such cases, police would have to persuade a judge to issue a search warrant.

But that's not what King and fellow apartment residents did. They started scuttling around suspiciously upon hearing police announce their presence--or at least, police said they did. "Occupants who choose not to stand on their constitutional rights but instead elect to attempt to destroy evidence have only themselves to blame," Alito wrote.

Only Justice Ruth Bader Ginsburg dissented, arguing that in ruling for the police, the court was giving them a way to get around the search warrant requirement in drug cases. "Police officers may now knock, listen, then break the door down, never mind that they had ample time to obtain a warrant," she wrote.

Oddly enough, King was not the target of police. Lexington police had set up a controlled drug buy on the street outside the apartment building, but when they attempted to arrest the suspect, he fled into the building. When police arrived in the hallway, the suspect had vanished, and all police saw was two apartment doors. When they smelled the odor of pot coming from King's apartment, they chose that door. The original suspect was in the other apartment. They arrested him later.

[Scott Morgan, editor at our Speakeasy blog and associate director of Flex Your Rights, has a piece on Huffington Post discussing the Supreme Court decision. Click here to read it.]

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RI Judge Rules Medical Marijuana Growers Can Have Guns

In a case decided earlier this month, a Rhode Island superior court judge has dismissed marijuana cultivation and distribution and weapons possession charges against a registered medical marijuana patient. The state had argued that even if someone is a legal medical marijuana patient, he cannot possess a firearm. It is now deciding whether it will appeal the judge's ruling.

Dean Derobbio, the patient registered with the state, and his roommate and registered caregiver, Joseph Joubert, were arrested in January 2010 on charges of conspiracy to possess marijuana with the intent to sell it. Derobbio, who legally owned a 9mm hand gun found in his nightstand, was also charged with carrying a dangerous weapon while committing a crime of violence. The "crime of violence" was growing marijuana, according to prosecutors and police. That charge carries a mandatory minimum three-year prison sentence.

Under Rhode Island's 2006 medical marijuana law, a patient can grow or possess specified amounts of marijuana. The law does not mention guns, nor does it impose a limit on how many caregivers a patient can designate. Derobbio had two, Joubert and Joubert's mother.

Superior Court Judge Robert Krause noted those omissions when he threw out the charges earlier this month. "In my opinion," Krause said, "this is a poorly drafted statute, and I don't think... a defendant ought to be criminally liable for inartful draftsmanship."

He also rejected the state's contention that Derobbio could still be pursed on gun charges even if the court found he legally possessed both the pot and the pistol. The following exchange between Krause and Special Assistant Attorney General Michael McCarthy reported by the Providence Journal is illustrative:

"If I were to find that there was nothing unlawful about what these defendants had done by way of the medical-marijuana statute, and that they were within the framework of the statute, and did not exceed the amount of plants that are authorized, would you still pursue the prosecution [of the gun charge]?" Krause asked.

"With all due respect, your honor, I would," McCarthy said. He explained that he would prosecute it under a law that says you cannot legally grow marijuana while being in possession of a firearm. "And, your honor, if you are cultivating marijuana, and if you are in possession of a firearm, even though the law has stated you can grow marijuana, it is silent as to whether or not you can possess a firearm," McCarthy said.

"If you meet the requirements, if you have possession of plants that are within the legal limit under this marijuana act, and if you have a firearm at home, and you're not a convicted felon, both of these are legal, yes?" Krause asked.

"Yes," McCarthy said.

"But, nonetheless, you claim it's criminal conduct." Krause said.

"As is being intoxicated in possession of a firearm," McCarthy said.

Judge Kraus wasn't buying that argument. Nor did he agree with the state's contention that the 33 plants grown by Joubert and his mother were outside the limits of the law. The Rhode Island law limits caregivers to 24 plants, but does not limit the number of caregivers a patient may have.

"The statute doesn't make it unlawful for two caregivers to have the same patient, does it?" Krause said, adding, "What a wonderfully drafted statute we have. I don't know who drafted this thing."

It appears the state will appeal at least that portion of the decision. "Nobody can have collectively, or otherwise, more than 24 plants," said Stacey Veroni, criminal division chief in the attorney general's office. "This collective grow issue is an issue."

"It appears that the state is trying to circumvent the legislation's intent," said Derobbio's attorney Michael Campopiano. "Judge Krause is absolutely interpreting it right," he said.

Chalk one up for Rhode Island medical marijuana patients.

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DEA in New Spokane Medical Marijuana Dispensary Raid

In the latest round of the federal assault on medical marijuana in Washington state, the Cannabis Defense Coalition reports that the DEA conducted a Wednesday afternoon raid on Medical Herb Providers, one of the few dispensaries left in the city after a flurry of federal raids last month. It's not clear whether any other dispensaries are being targeted.

According to the CDC, a Medical Herb Provider manager reported that one employee was arrested.

The raids today and last month come as the state legislature and Gov. Chris Gregoire are struggling to come up with legislation to provide some sense of what is and is not allowed under the state's medical marijuana law. It currently does not explicitly allow for dispensaries, but that hasn't stopped dozens, perhaps more than a hundred, from opening.

Late last month, at least two Spokane area dispensaries were raided. Those raids came three weeks after the US Attorney for Eastern Washington, Michael Ormsby, warned the then 40 dispensaries in the area that they should shut down or face federal action.

The letter from Ormsby and a similar one from his counterpart in Western Washington, were crucial in persuading Gov. Gregoire to veto the portions of a medical marijuana patient registry and dispensary bill. They warned that state employees who licensed or registered medical marijuana businesses could be subject to federal prosecution.

Now, as Gregoire and the legislature tussle over what to do about medical marijuana, the feds are reminding everyone that they haven't gone anywhere.

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Willie Nelson Endorses Gary Johnson for President

Legendary country music singer and avowed marijuana user Willie Nelson and his Teapot Party have endorsed the pro-legalization presidential bid of Republican candidate Gary Johnson, the Johnson campaign announced in a press release Tuesday. The endorsement came after Nelson and Johnson met last week and marks the Teapot Party's first foray into presidential politics.

"I am truly gratified to have the endorsement of such a legendary entertainer and champion for individual rights as Willie Nelson," said Johnson. "Not only is Willie a superstar talent but, he is a strong advocate for social change, as seen through his tireless work on behalf of family owned farms and hard working Americans. People across this country are demanding the freedom and opportunity to pursue their dreams without interference from a heavy-handed government, and Willie and I stand together to lend our voices to those demands."

Johnson, the former governor of New Mexico, could use the help of some non-traditional GOP primary voters that Nelson could help deliver. The conventional wisdom gives him only an outside shot at the nomination, with the nomination poll aggregator Real Clear Politics not even including him on its lists of candidates declared and undeclared.

Johnson made his effort official last month, declaring his candidacy at the New Hampshire State House. Johnson has made a critique of drug prohibition a central tenet of his platform and is straightforwardly calling for marijuana legalization. As he put it during last week's Fox News Republican presidential candidate debate: "I advocate legalizing marijuana -- control it, regulate it, tax it."

That works for Willie and the Teapot Party, a phenomenon that began last fall after the Red Headed Stranger's most recent encounter with the pot police and now boasts 66,000 Facebook members. Marijuana legalization is its goal.

"The purpose of the Teapot Party is to vote in people who believe in what we do and vote out the ones who don't," said Nelson.

And Gary Johnson wins his first celebrity endorsement.

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

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Chicago Man Dies During Attempted Drug Arrest

[Editor's Note: This year, Drug War Chronicle is trying to track every death directly attributable to drug law enforcement during the year. We can use your help. If you come across a news account of a killing related to drug law enforcement, please send us an email at [email protected].]

A resident of Chicago's West Side died Wednesday night after allegedly swallowing drugs as police officers tried to arrest him. Paris Turner, 26, becomes the 26^th person to die in US domestic drug law enforcement operations so far this year.

According to police, officers saw Turner "acting suspiciously" in "an area known for drug trafficking." When they attempted to take him into custody, he resisted arrest and swallowed a clear plastic bag, then took off running. He collapsed in the street.

He was taken to a local hospital where he was pronounced dead less than an hour later. An autopsy has been scheduled to determine cause of death.

Another report cited "sources" (read: the cops) who said it appeared he died of an overdose.

One officer suffered minor injuries in the incident and was treated and released at a local hospital.

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Tucson SWAT Team Kills Armed Homeowner in Drug Raid

[Editor's Note: This year, Drug War Chronicle is trying to track every death directly attributable to drug law enforcement during the year. We can use your help. If you come across a news account of a killing related to drug law enforcement, please send us an email at [email protected].]

In a mid-morning drug raid May 5, a Pima County SWAT team executing a search warrant shot and killed a 26-year-old Afghan and Iraq war veteran after he confronted the intruders with a weapon in his hand. Jose Guerena become the 27^th person to die in US domestic drug law enforcement operations so far this year. (Actually, he was the 25^th, but the Pima County Sheriff's office has been so dilatory in releasing information that we logged two more drug war deaths before we were able add this one to the list.)

According to the initial police account, when SWAT officers broke down the door of Guerena's home, which he shared with his wife and young child, he confronted them and opened fire. "The adult male had a long rifle, opened fire on the SWAT team. The SWAT team returned fire and the male is pronounced deceased. The woman and the child are unharmed," said Pima County Sheriff's Deputy Jason Ogan.

Six days later, police admitted that while Guerena, a former Marine, was holding an AR-15 assault rifle, the safety was on and he had not fired it. They also admitted that SWAT officers fired 71 rounds at Guerena in seven seconds. It was also later reported that even though Guerena's wife called 911 as soon as he was shot and that EMTs arrived two minutes later, deputies never allowed them to treat Guerena, citing security concerns. (Recall that in the Jared Loughner mass killing in Tucson earlier this year, EMTs were allowed to treat the wounded in a matter of minutes despite the chaos of that scene.)

In an interview with KGUN9-TV, Guerena's wife, Vanessa, explained that her husband had worked the night shift at his job at a mine and been asleep only a couple of hours when the raiders arrived. When she saw armed men in her house pointing guns at her, she said, "Please don't shoot, I have a baby... and I yell 'Jose! Jose! Wake up!'"

The SWAT team didn't identify itself before breaking in her door and entering her home, Guerena said. "You're saying [they] only yelled SWAT after the shootout?" KGUN9asked. "Oh, yes! Yes," said Guerena.

Her husband grabbed a gun to protect himself from what he thought were home invaders, she said.

Police said Guerena's home was one of four targeted in simultaneous raids and that a large amount of cash was found in one of them. It wasn't Guerena's. All they have said about what they found there was that it was "evidence pertinent to the case."

But at a Wednesday memorial service for the veteran of deployments in Iraq and Afghanistan, an attorney retained by his family, Christopher Scileppi, told FOX11-TV that Guerena was not part of any drug conspiracy. "What I do know is that they collected phones, computers the family has conveyed to me that they're confident that there is nothing that will be of inculpatory incriminating information," said Scileppi.

No lawsuit has yet been filed, but Scileppi is laying the groundwork. "We'll be sending our investigators out to find out what the neighbors saw, what mutual observers saw because this was obviously a big deal certainly to the Pima County sheriff's office," he said.

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This Week's Corrupt Cops Stories

San Francisco narcs with some explaining to do, a Kentucky sheriff gone wild, a California cop gone rogue, and an Iowa cop with a troublesome cocaine habit. Let's get to it:

In San Francisco, the city public defender is accusing undercover narcotics officers of stealing from suspects. For the second time in a week, Public Defender Jeff Adachi has released surveillance video footage that shows two officers walking into a residential hotel empty handed and leaving with bags that were not booked into evidence. One of the men whose rooms were searched, Jesus Reyes, said he recognized a backpack that was his being carried off. It contained a laptop computer and Sony digital camera. The officers with the bag were identified as Richard Guerrero and Reynaldo Vargas. Guerrero faces similar allegations in another case. Reyes was charged with meth possession, but those charges were dropped when Guerrero did not show up for court after being subpoenaed. SFPD officials said five officers seen on the video had been removed from plainclothes duty. The other three are Jacob Fegan, Christopher Servat, and Adam Kujath. This marks the second time in the past week Adachi has used video footage to allege police conducted illegal searches or stole from suspects. The revelations have prompted the dismissal of nearly a hundred cases and led the FBI to open an investigation. Stay tuned.

In London, Kentucky, the former Whitley County sheriff pleaded guilty last Thursday to extortion, drug, and conspiracy charges for a pattern of conduct that extended throughout his stay in office. In pleading guilty, Lawrence Hodges acknowledged that he had been popping pain pills, ripping off cash from the office, and extorting drug dealers by busting them and then funneling them to a local attorney. Hodges got $50,000 in kickbacks, the sheriff's office got $50,000 in "donations," and the dealers got more lenient treatment. He admitted stealing $64,897 from the sheriff's office, part of which went to buy pain pills. He also admitted looking the other way on drug sales by his favored dealers. Prosecutors are recommending 15-years in prison when he is sentenced in August. Hodges also faces a state court prosecution in which he is charged with stealing $350,000 from his office. He has pleaded not guilty to that charge. He was jailed pending sentencing.

In Eureka, California, a former Eureka police officer was charged April 14 on a raft of counts suggesting he was a rogue officer. Daniel Kalis had been under investigation since January by the Humboldt County district attorney's office, and the Eureka Police initiated their own investigation in March. On March 7, Kalis was placed on leave. He resigned early in April. He is charged with possession of a controlled substance (heroin), unauthorized communication with a prisoner, possession of more than an ounce of marijuana, false imprisonment, possession of controlled substances without a prescription, unauthorized disclosure of motor vehicle records, unauthorized access to a computer network, petty theft, and vandalism. More charges could be pending.

In Muscatine, Iowa, a former Muscatine police officer pleaded guilty last Friday to drug and theft charges. Scott Burk, 48, was arrested last August after an investigation by state and local police. Authorities found cocaine in his vehicle and home, along with missing funds from the Muscatine County Drug Task Force. He pleaded guilty to cocaine possession, a drug tax stamp violation, and second-degree theft charges. He faces a year for the possession charge, and five years each for the other two. He will be sentenced in July. His attorney said Burke is currently in drug treatment and will seek probation.

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This Week in History

May 25, 1973: The NBC Evening News reports that 28 marines and 18 sailors handling the president's yacht were transferred and reassigned from Camp David due to marijuana offenses.

May 19, 1988: Carlos Lehder is convicted of drug smuggling and sentenced to life in prison without parole, plus an additional 135 years. He had been captured by the Colombian National Police at a safe house owned by Pablo Escobar and extradited to the US.

May 24, 1988: The domestic hashish seizure record is set (still in effect today) -- 75,066 pounds in San Francisco, California.

May 20, 1991: The domestic heroin seizure record is set (still in effect today) -- 1,071 pounds in Oakland, California.

May 24, 1993: At 3:45pm, Juan Jesus Cardinal Posados Ocampo, the archbishop of Guadalajara, is assassinated at Hidalgo International Airport in Guadalajara by San Diego gang members hired by the Arellano-Felix Organization. As the archbishop's car arrives in the parking lot across the street from the terminal, a young man opens the door and opens fire, while half a dozen other gunmen spray the scene killing the driver and five bystanders, including an old woman, her nephew and a startled businessman with a cell phone in his hand.

May 20, 1997: Eighteen year-old Esequiel Hernandez, Jr., of Redford, Texas, becomes the first American to be killed on American soil by US soldiers in peacetime when he is shot on his own property by camouflaged Marines involved in a Joint Task Force-6 border drug interdiction operation. No drugs are found. Hernandez had never been suspected of or arrested for any criminal or drug-related activity.

May 22, 1997: Milwaukee, Wisconsin, Mayor John Norquist signs a measure into law decriminalizing first time possession of small amounts of marijuana after the proposal squeaks by the city council.

May 23, 2000: Eighty-five US troops arrive in Guatemala to participate in the two-week-long "Operation Maya Jaguar," intended to provide training for Guatemalan police, to carry out seizures of illegal drug shipments, and to facilitate joint counternarcotics operations.

May 21, 2001: Geraldine Fijneman, head of the Amsterdam branch of the ayahuasca-using Santo Daime church, is acquitted by a Dutch court. Fijneman had owned, transported and distributed a DMT-containing substance, but the court ruled that her constitutional right to Freedom of Religion must be respected.

May 22, 2003: Maryland becomes the ninth state to relax restrictions on medicinal marijuana use for seriously ill patients when Governor Robert L. Ehrlich, Jr. signs a bill reducing the maximum penalty to a $100 fine. The law goes into effect on October 1. Ehrlich, the first Republican governor to sign a bill relaxing penalties for medicinal use of marijuana, signs the measure despite pressure from the Bush administration to veto it.

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