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Is It Bad Cop vs. Bad Cop, or Bad Cop vs. Good Cop?

Jeralyn Merritt linked in TalkLeft today to a Chicago Tribune article covering what sounds like a fairly spectacular police corruption trial. A police ring allegedly engaged in armed robbery of drug dealers, and as part of that engaging in home invasions, falsifying police reports and lying to judges and juries. The prosecutors, not surprisingly, have gotten one cop -- Corey Flagg, who has pleaded guilty -- to testify against another -- Eural Black, who took it to trial -- in order to get a "deal," e.g., a lighter sentence. And Merritt aptly points out that in such a circumstance -- a known criminal providing testimony, in exchange for the compensation of spending less time in prison -- it's really hard to know whom to believe. There is incredibly strong incentive for the guy making the deal to say anything that will get him off more easily, and by definition the guy making the deal is someone we believe to be a criminal in the true sense of the word. Should such a person's testimony really be the basis for handing out hard-time in prison? Defense are pointing this out, and Merritt asks what the jury is likely to make of it:
What does a jury glean from all this? That all the cops were dirty, or that one cop who got caught is trying to save himself by selling out a clean cop who worked with him?... Does a dirty cop really sell out a clean cop? Or does he, caught in the headlights, just spread the blame to others as dirty as him, in hopes of a shorter sentence?
This sort of deal is made all the time, of course, on countless routine cases. I consider it to be a fundamental corruption of the administration of justice -- it is just too obviously true that one cannot trust testimony given under such a circumstance. The older type of practice is that deals would be offered to informants who provide useful information that investigators can use to then find actual evidence. Instead, drug war prosecutors, with the complicity of judges, have shed their morality and instead use the informants' mere testimony. Hmm, maybe that's one of the reasons some people don't like snitching.

Maryland Action Alert -- Drug Sentencing Reform Bill Unexpectedly in Danger of Veto

(This action alert is going out to our Maryland subscribers in the AM. As a Marylander -- I live in Takoma Park now -- I'm officially upset at the governor. I knew he'd show himself to be a "fake" liberal when push came to shove on this issue. - Dave)

Last month a modest but important sentencing reform bill -- HB 992, which restores parole eligibility for second-time drug offenders -- was passed by the Maryland General Assembly. At the time Gov. O'Malley had indicated that he supported the bill. But now he has flip-flopped and is saying he may veto it.

Please call O'Malley's office and demand he stop playing politics with people's lives and sign HB 992. Mandatory minimums are a terrible injustice and are costly and ineffective public policy -- HB 922 is simply a no-brainer. CALL (800) 811-8336, OR FAX O'MALLEY A LETTER AT (410) 974-3275. (The address to use on your letter if writing is: The Honorable Martin O'Malley, State House, Annapolis, Maryland 21401-1925 -- be sure to use fax, though, there isn't enough time to rely on the US mail.) PLEASE FORWARD THIS ALERT TO YOUR FRIENDS IN MARYLAND TOO!!!

The organization Stop the Drug War (DRCNet) has a form set up online to make it easy to e-mail the governor -- I hope you will use this method too. Phone calls and individual faxed letters are the best, though, so if you can do one of those I hope you will. Please send me an e-mail, and send one to [email protected] to let me and DRCNet know you've taken action. Following is some background on HB 992, from the Justice Policy Institute:

When enacted, HB 992 would operate as follows:

  • HB 992 does not apply to violent offenders. HB 992 does not apply to third or fourth time offenders. HB 992 does not apply to volume dealers or drug kingpins.
  • A defendant is convicted of possession of intent to distribute a controlled dangerous substance or distribution of a controlled dangerous substance. The defendant is a second-time offender and is subject to a 10-year mandatory sentence.
  • At sentencing, the judge will have available a presentence investigation report (PSI), prepared by Parole and Probation, that details the defendant's complete criminal history (arrests, convictions, warrants, etc.), family history, drug addiction and treatment (or lack thereof) history, and a recommended sentence range based on the defendant's offender score and offense. The judge will hear from defense counsel and the state's attorney concerning a sentence.
  • The defendant will be sentenced to 10 years of incarceration. If the defendant is not also guilty of a violent offense, the judge, after a full appraisal of the defendant and listening to argument and recommendations of the state's attorney and defense counsel, MAY sentence to 10 years with the POSSIBILITY of parole.
  • The defendant is confined within the Department of Corrections and waits a minimum of two and a half years for a parole hearing.
  • The parole commission then determines, based on the defendant's updated presentence investigation report (PSI), offense, offender score, impact statements, a letter from the state's attorney that originally prosecuted the case, and the defendant's "base file" -- i.e., complete institutional record prepared by a case manager detailing tickets, classes, work history, etc., and whether the inmate has an exit plan -- i.e. a job and place to live -- whether to parole the inmate.
  • If the inmate is paroled (which is unlikely on the first attempt) and complies with the conditions of his or her parole, the state saves approximately $100,000 and public safety is not impacted.
  • If the inmate is paroled (again, unlikely on the first attempt), the inmate is subject to supervised probation and, if the inmate fails to comply with his or her parole conditions, faces serving the entire balance of the 10-year sentence.

While HB 992 by no means does all we would want, it is a beginning. I hope you will take action -- thanks for helping us help Maryland's nonviolent drug offenders this year.

The Boy Who Cried Meth

No community is safe from the scourge of idiot reporters who can't help but write meth stories no matter how hard they try not to. Even when there's no meth around, they write about how exciting and horrible it would be if there were.

Here's one from the Register-Citizen in Torrington, CT:
"There is a fear that the use of methamphetamine is making its way to this area," Torrington Police Chief Robert Milano said. "It causes quite a bit of concern."

There have been no methamphetamine-related arrests in the city as of yet, but still rumors persist, said Torrington Police Sgt. Rousseau, of the Torrington Narcotics Division.
So there's really just no sign of any meth activity at all in Torrington. Which is perhaps the best evidence that meth is planning a major assault.
"I can see the wave," Torrington Police Lt. Mike Emanuel said. "It wouldn't be out of the question for Torrington."
Plug your nostrils, children of Torrington! Officer Emanuel can see The Wave.
Rousseau said he could not offer more specific information because he did not want to reveal law enforcement prevention or termination plans that possible users or dealers would benefit from.
They'll try to arrest you. It really isn’t any more sophisticated than that. But maybe it's a good thing if hatching secret plans for a nonexistent meth epidemic replaces wiretapping potheads as the favorite pastime for bored New England cops.