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Cops Going to Prison for Botched Drug Raid That Killed Elderly Woman

Justice was finally served in the case of Kathryn Johnston, as three officers were sentenced to prison today for their role in the botched drug raid that took her life.

These officers crossed the often all-too-thin line that separates drug cops from common criminals, and they will pay for what they did, as well they should. We can only hope that today's outcome serves as a reminder to others in uniform who've forgotten what it means to protect and serve. Alas, this comment from the judge suggests that Atlanta's problems with rogue cops are far from solved:

A federal judge who sent three fallen cops to prison for a notorious drug raid that left an elderly woman dead said Tuesday that Atlanta Police Department performance quotas unduly influenced the officers’ behavior.

"It is my fervent hope the Atlanta Police Department will take to heart what has happened here," U.S. District Judge Julie Carnes said. At the close of an emotional two-day hearing, Carnes sentenced former officers Gregg Junnier, Jason R. Smith and Arthur Bruce Tesler to between 5 and 10 years in prison.

At the hearing, Tesler’s lawyer provided examples of other Atlanta police officers breaking the rules or violating the law and said a disturbing culture of misconduct pervades the force. [Atlanta Journal Constitution]

Thus, even in its finest hour, our justice system remains crippled by the enemy within. There is nothing unique about Atlanta's police culture that brought this tragedy to life. Everywhere the drug war is fought, you will find police who have become indifferent to the very laws they've sworn to uphold.
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Reseña de la Crónica: "Dope Menace: The Sensational World of Drug Paperbacks, 1900-1975", de Stephen J. Gertz (2008, Feral House Press, 219 págs., US$ 24,95, en rústica)

"<em>Dope Menace</em>" [La amenaza de la droga] es un viaje visualmente despampanante y muy bien informado al cierne de la obsesión de EE.UU. en mediados del Siglo XX por los libros baratos en rústica, especialmente por los que contaban con la temática de la droga. Si está interesado en drogas y cultura popular, debe echarle una ojeada a esto.
In The Trenches

Tell Congress to stop thwarting D.C.'s medical marijuana law

Dear friends:

Although Washington, D.C., passed a ballot initiative to allow medical marijuana use in 1998, with an overwhelming 69% of the vote, Congress has thwarted the will of D.C. voters and prevented the law from taking effect.

In fact, originally — until a court intervened — Congress even tried to stop the vote from being counted! 

Would you please take a minute to ask Congress to stop overriding the will of D.C. voters, and let D.C.'s medical marijuana law go into effect? MPP's online action center makes it easy.

Even the sponsor of the original federal law, former Congressman Bob Barr (R-Ga.), has called for the repeal of the very law he authored a decade ago, saying, “Continuing to have the federal government run roughshod over the states, even if the citizens of a state decide they wish to legalize medicinal marijuana, for example, is wrong.”

In 2007, MPP worked with Congressman Barr to try to remove this provision so D.C.'s medical marijuana law could go into effect. But at the time, Democrats in Congress didn't want to force the issue with then-President Bush, who they knew would use such an opportunity to stoke the flames of the culture war. However, now that we have a president in the White House who has already signaled support for medical marijuana access, this is the best opportunity we've ever had to repeal this terrible provision.

Please take a minute right now to tell Congress to stop thwarting the will of D.C. voters.

Thank you,
Kampia signature (e-mail sized)

Rob Kampia
Executive Director
Marijuana Policy Project
Washington, D.C.

P.S. As I've mentioned in previous alerts, a major philanthropist has committed to match the first $2.35 million that MPP can raise from the rest of the planet in 2009. This means that your donation today will be doubled.

In The Trenches

Press Release: NYCLU to City Council: Rockefeller Drug Laws Cause Racial Disparities, Huge Taxpayer Burden

FOR IMMEDIATE RELEASE: February 24, 2009 CONTACT: Jennifer Carnig at 212.607.3363 or [email protected] NYCLU to City Council: Rockefeller Drug Laws Cause Racial Disparities, Huge Taxpayer Burden February 24, 2009 – At a hearing today before the City Council, the New York Civil Liberties Union presented testimony illustrating the stark racial disparities and enormous financial burden generated by the Rockefeller Drug Laws in New York City. Socheatta Meng, the NYCLU’s legislative counsel, testified before the Council’s Committee on Mental Health, Mental Retardation, Alcoholism, Drug Abuse and Disability Services. “By mandating harsh prison sentences based primarily upon the amount of drugs involved, this state’s drug-sentencing scheme has proven itself to be draconian, irrational, unfair and racially discriminatory,” Meng said. The NYCLU called on the City Council to urge New York State’s political leaders to significantly reform the drug sentencing laws. “This is a new political moment,” said NYCLU Executive Director Donna Lieberman, who did not testify. “Governor Paterson, as well as key legislative leaders in Albany, have publicly pledged their commitment to reform. A fiscal crisis requires strict cost-cutting. The time is ripe for us to demand real changes to our state’s drug sentencing laws.” Enacted in 1973, the Rockefeller Drug Laws mandate extremely harsh prison terms for the possession or sale of relatively small amounts of drugs. Supposedly intended to target drug kingpins, most of the people incarcerated under these laws are convicted of low-level, nonviolent offenses, and many of them have no prior criminal record. Despite modest reforms in 2004 and 2005, the Rockefeller Drug Laws continue to deny people serving under harsh sentences the ability to apply for shorter terms, and restrict the power of judges to place addicts into treatment programs.
In The Trenches

The Sentencing Project: Disenfranchisement News 2/24/09

Washington: Voting Rights Legislation Receives Editorial, Police Support Writing a Seattle Post-Intelligencer op-ed in support of voting rights legislation being considered in Washington State, a police chief and county sheriff stated that reenfranchisement was part of "good law enforcement." Gil Kerlikowske, chief of the Seattle Police Department and John Lovick, Snohomish County sheriff, wrote: "We support this legislation and do not think that the financial obligation should be a barrier to being able to vote. Why? Voting is an important way to connect people to their communities, which in turn, helps them avoid going back to crime. We want those who leave prison to become productive and law-abiding citizens. Voting puts them on that path." Following the guest column, the Seattle Post-Intelligencer editorial board contributed its own view on disenfranchisement, calling the proposed measure "excellent legislation." Currently, the law strips voting rights from people with felony convictions who have outstanding court restitution and other fees which incur interest. The editorial states: "Combined with sociological factors, the current law has the dire effect of eliminating 17 percent of African-Americans and 10 percent of Latinos from voting eligibility. That's shockingly excessive. Legislators and Gov. Chris Gregoire should re-enfranchise those who have served their terms." The Columbian also published an editorial arguing that the time dedicated to the administration of checking individuals' balances is unnecessary. It also stated that the current law was not only a modern poll tax, but also racially discriminatory and "just plain malicious." Maryland: Bill Proposes Eligibility Notification Upon Release from Prison The Baltimore City Branch NAACP worked to help introduce into the Maryland General Assembly H.B. 483, which would require the Commissioner of Correction to provide written information on voter eligibility upon inmates' release from a State correctional facility. The bill, introduced by Del. Samuel Rosenberg and Sen. Lisa Gladden, would also require the Commissioner to work with the State Board of Elections in notice issue. Virginia/Kentucky: Disenfranchisement Reform Being Considered by Strictest States Project Vote's blog, TPM Café, featured an article on reform movements in the two states that permanently disenfranchise all citizens with felony offenses. Lawmakers in Virginia and Kentucky are considering reforming the law which bans that population from voting and requires people with felony convictions to seek permission to vote from their governors. South Dakota: Election Officials' Misunderstanding Disenfranchises Two Citizens "I will never get the chance to go back and make my voice heard," stated a woman who was erroneously denied the right to vote in the Nov. 4 general election, the Star Tribune reported. American Indians, Eileen Janis and Kim Colhoff are suing government officials in South Dakota because they say their felony criminal histories were improperly interpreted by election officials. State law disenfranchises those who have been sentenced to prison, according to the ACLU, but Janis and Colhoff were sentenced to probation, and thus should have been granted the right to vote. "It's hard not to feel like a second-class citizen when such a fundamental right is stolen in such a random way," said Janis. Nancy Abudu, staff counsel with the ACLU Voting Rights Project, said cases such as this one illustrates "the tragedy of what happens when election officials do not know how to administer the law." - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org
Blog

Disabled Iraq Vet Loses Home Because of Marijuana Arrest

Scott West lost his legs fighting in the Iraq War and now he's lost his home thanks to the war on drugs:

Newlyweds Scott and Samantha West drove their SUV through the gate of the exclusive housing community, winding upward to an empty cul-de-sac that offers commanding views of the surrounding valleys.

For months, the young couple visited this site and dreamed of their bright future, ever since a charity that serves wounded veterans announced last year it was building a house for Scott at no charge.
…
In January, just two days after the couple had returned from their honeymoon, the charity took back its gift after learning that Scott West had been arrested on marijuana charges in 2007 and pleaded guilty in December to a felony of possession with intent to distribute. [St. Louis Post-Dispatch]

West maintains (believably, in my opinion) that the marijuana was for personal use and he's never sold any. His lawyer convinced him that he'd be better off pleading guilty than fighting the charges, so that's what he did. My guess is that large doses of marijuana were helping him cope with the pain of getting his damn legs blown off in Iraq.

Of course, the war on marijuana is predictably evil, but what about the charity that took West's house away? They didn't have to do that. Surely, they have a strong explanation:

Homes for Our Troops founder John Gonsalves did not respond to several requests for an interview.

Oh. Well, I'm not terribly surprised that they couldn’t find the words to defend passing judgment on wounded soldiers for which medicines they use to cope with their condition.

Someone should start a charity that gives free homes to medical marijuana patients who get their lives destroyed by the drug war.
Blog

Is a "Grow Your Own" Marijuana Policy Better Than Legalization?

Mark Kleiman has an interesting post observing the rapidly evolving political climate surrounding marijuana policy reform. He points to recent polling data and observes correctly that we're entering new territory in terms of public attitudes and political opportunities.

Of course, this is a Mark Kleiman post, so there's guaranteed to be something in there that I can't quite wrap my head around. Kleiman condemns the alcohol model, which he says "would provide a strong incentive for the marketing effort to aim at creating and maintaining addiction." He estimates that rates of marijuana addiction would double if it were sold like alcohol, so he proposes this instead:

So I continue to favor a "grow your own" policy, under which it would be legal to grow, possess, and use cannabis and to give it away, but illegal to sell it. Of course there would be sales, and law enforcement agencies would properly mostly ignore those sales. But there wouldn't be billboards.

That beautifully-crafted policy has only two major defects that I'm aware of: it wouldn't create tax revenue, and no one but me supports it…

Well, I'd favor this over our current policy without hesitation, but is Kleiman serious that he only sees two significant flaws in his plan? What about the fact that marijuana would still be sold by criminals? It's the biggest cash crop in America and its distribution (absent for medical use in some states) occurs exclusively on the black market. Even under a "grow your own" model, marijuana entrepreneurs will proliferate. And when their door gets smashed down in the middle of the night, they still won’t know if it's an armed robbery or the DEA. People will still get shot and killed over an otherwise completely non-lethal drug.

Can anything be done about that, Mark?
Blog

BREAKING: New Jersey Senate Approves Medical Marijuana Bill

The New Jersey State Senate this afternoon approved the New Jersey Compassionate Use Medical Marijuana Act (S 119) by a vote of 22-16. The measure now goes to the state Assembly, where it faces a committee vote and then a floor vote. If it passes the Assembly, Gov. Jon Corzine (D) has indicated he would sign it. The bill would remove state penatlies for marijuana possession, use, or cultivation for patients suffering a qualifying medical condition who have a physician's approval. Qualifying conditions include chronic pain, cancer, AIDS, multiple sclerosis, and Crohn's Disease. Patients could grow up to six plants and possess up to one ounce. They would register with the state Department of Health, as would any designated caregivers. “The bill is very conservative," siad Ken Wolski, RN, head of the Coalition for Medical Marijuana--New Jersey, which is leading the campaign. "No medical marijuana state has a smaller plant limit or possession amount. Still, it will help a tremendous number of patients here. We applaud the senators who supported this bill.”
In The Trenches

Press Release: Ammiano Bill to Tax and Regulate Marijuana Would Raise Over $1 Billion for State

For Immediate Release: February 23, 2009 Contact: Dale Gieringer at (415) 563- 5858 Ammiano Bill to Tax and Regulate Marijuana Would Raise Over $1 Billion for State San Francisco, Feb 23 - Assemblyman Tom Ammiano (D-SF) announced the introduction of a landmark bill to tax and regulate marijuana like alcohol and tobacco at a press conference today. The bill would save the state's taxpayers over $1 billion, according to an economic analysis by California NORML, with additional economic benefits of $12 -18 billion. See: http://www.canorml.org/background/CA_legalization2.html. "This bill is a winning proposition for California's taxpayers," says California NORML coordinator Dale Gieringer, a sponsor of the bill. "In this time of economic crisis, it makes no sense for California to be wasting money on marijuana prohibition, when we could be reaping tax benefits from a legal, regulated market instead." The bill would provide for licensed producers and distributors, who could sell to adults over 21. Producers would pay an excise tax of $50 per ounce, or about $1 per joint. Sales taxes would generate additional revenues, bringing total tax revenues to $1 billion. Additional economic benefits would be generated in the form of employment, business and payroll taxes and spin-off industries, like the wine industry, amounting to some $12 - $18 billion. Last but not least, the bill would save the state $170 million in costs for arrest, prosecution and imprisonment of marijuana offenders. The result would be to eliminate such prohibition-related problems as black market dealers and smugglers, grow houses, and pirate gardeners on public lands. The bill would not alter California's medical marijuana law, which allows patients, caregivers and collectives to grow medicine for themselves. Ammiano's bill is the first of its kind since California outlawed cannabis in 1913. Only after being prohibited did marijuana become widely popular, eventually being enjoyed by millions of Californians. Due to soaring enforcement costs, the legislature decriminalized possession of small quantities in the Moscone Act of 1975, saving the state's taxpayers $100 million per year. However, production and distribution remained illegal, leading to continued prohibition-related enforcement costs. Last year, agents eradicated a record 5 million illegal plants, up more than tenfold in five years. Marijuana arrests jumped to 74,119 in 2007, their highest level since the Moscone Act. California has over 1,500 inmates in state prison for marijuana offenses, ten times as many as in 1980. Marijuana is reported to account for 61% of the illicit drug traffic from Mexico, where prohibition-related violence has killed over 6,800. "Tom Ammiano deserves credit for recognizing that legal taxation and regulation is the only solution to California's marijuana problem," says Gieringer. "Marijuana users would happily pay taxes to buy it legally." California NORML also thanks former Sen. John Vasconcellos for providing the original draft of this legislation. Recent polls indicate that public support for legal marijuana is growing. A new Zogby poll found 44% of American voters support taxing and regulating marijuana, with support as high as 58% in western states: http://www.norml.org/index.cfm?Group_ID=7806