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US/Mexico Drug War "Caravan of Peace" Gearing Up [FEATURE]

Aghast and appalled at the bloody results of Mexican President Felipe Calderon's war on drugs, which has resulted in at least 50,000 deaths since he deployed the military against the so-called drug cartels in December 2006 and possibly as many as 70,000, dozens of organizations in Mexico and the US announced Monday that they will take part in a "Caravan for Peace" that will journey across the US late this summer in a bid to change failed drug war policies on both sides of the border.

caravan launch at Museo Memoria y Tolerancia, Plaza Juárez, Mexico City (@CaravanaUSA @MxLaPazMx)
Led by Mexican poet Javier Sicilia, who was spurred to action by the murder of his son by cartel members in Cuernavaca in 2010, and the Movement for Peace with Justice and Dignity (MPJD) he heads, the caravan will depart from San Diego on August 12 and arrive in Washington on September 10 after traveling some 6,000 miles to bring to the American people and their elected officials the bi-national message that failed, murderous drug war policies must end.

The caravan will be underway in between presidential elections in the two countries. Mexico will choose a successor to Calderon on July 1, and whoever that successor is, will be re-tooling its fight against the drug cartels. By late summer, the US presidential campaign will be in full swing, and advocates hope to have at least some impact on that as well.

The caravan builds on similar efforts last year in Mexico. Led by Sicilia and other relatives of drug war victims, one caravan of more than 500 people left Cuernavaca and traveled north through 15 cities to Ciudad Juarez, one of the epicenters of prohibition-related violence in Mexico. A second caravan left Mexico City with 700 people traveling south through 21 cities. Those caravans helped turn what was an amorphous fear and dismay among Mexicans at the violence into a political movement that has put the issue of the drug wars and their victims squarely on the Mexican political agenda.

"The war on drugs has had painful consequences for our country, such as corruption and impunity," said Sicilia at a Mexico City press conference. "The proof of this is that Mexico has seen over 70,000 deaths and 10,000 disappearances, and this is closely linked to US regional security policies, which have sparked widespread areas of violence, human rights violations, and the loss of the rule of law. The drug war has failed," he said bluntly.

"On August 12, Mexicans will come to the US and cover a route of 25 cities in one month," Sicilia continued. "Our message is one of peace, and our journey will be peaceful with an open heart and the hope of speaking with each other. We believe the harm we live is linked to the failed policies we want to change."

"Regarding policies on the war on drugs, we propose the need to find a solution with a multidimensional and international approach that places the dignity of the individual at the center of drug policy," Sicilia said. "We call on both Mexican and US civil society to open and maintain a dialogue on evidence-based alternatives to prohibition and to consider various options for regulating drugs."

Javier Sicilia on CNNMéxico
For Sicilia and the caravan, drug policy is inextricably tied to other policies and issues that affect both sides of the border. The caravan is also calling for a ban on the importation of assault weapons to the US (because they then end up being exported to Mexican criminals), a higher priority for concentrating on money laundering, an end to US immigration policies that have resulted in the militarization of the border and the criminalization of immigrants, and a refocusing of US foreign policy to emphasize human rights while suspending US military aid to Mexico.

The broad range of interrelated issues is helping build a broad coalition around the caravan. Groups concerned with the border, immigrant rights, human rights, racial justice, and labor are all coming on board.

"Forty years ago, then President Nixon inaugurated the war on drugs, and we've not won the war on drugs -- the only thing we've achieved is being the world's leader in incarceration," said Dr. Niaz Kasravi, with the NAACP criminal justice program. "Through these policies, we've also promoted violence and death for those caught up in the drug war in the US and Mexico. In the US, those who have borne the brunt of it have been people of color. The war on drugs hasn't made our communities safer, healthier, or more stable, but has resulted in the mass incarceration of people of color, a de facto Jim Crow. We are in a violent state of emergency that must end, and we stand committed to ending the war on drugs."

"We emphasize the dignity and humanity of immigrants in the US," said Oscar Chacon of the National Alliance of Latin American and Caribbean Communities (NALACC), "and when we were invited to consider joining the caravan, we identified with it as a cause of our own. We see our issues reflected throughout the caravan. Policies that emphasize militarization and authoritarianism and enforcement and punishment have human rights violations as their natural results. We see in the caravan an opportunity to write a new chapter in our initiatives to highlight the value of respect for all human life and we will use our participation to further educate Latino and immigrant communities about the relationship between policy decisions made in Washington and the sad effects they can have -- in this case, particularly for our Mexican brothers and sisters."

"Prior to coming here, I did not know the extent of the pain, sorrow, and suffering of the families here in Mexico," said Neill Franklin, head of Law Enforcement Against Prohibition. "There are so many orphans, so many families being attacked. Families and future generations are also under attack in my country, with drive-by shootings and running gun battles in the streets of our big cities. Most of those targeted by the drug war here are blacks and Latinos; we have many broken families and communities because of these policies. This caravan will unite our people, our pain, and our solutions in an effort to save our sons and daughters."

"This is a historic moment and one of great necessity," said Ted Lewis of Global Exchange. "The caravan arrives between two presidential elections, and that's intentional, not because we have electoral ends, but because we want the message to be heard on both sides of the border. This is a truly binational effort, and it is very important that leaders on both sides of the border take this message deeply into account as they organize in Mexico a new administration and as they campaign here in the US. This issue must be dealt with now."

Also on board is Border Angels, a San Diego-based group best known for leaving caches of water in the desert to help save the lives of undocumented immigrants heading north. The group has long been critical of increased border enforcement efforts such as Operation Gatekeeper, which have pushed those immigrants away from urban areas and into harsh and unforgiving environments as they seek to make their way to a better life.

"Operation Gatekeeper has led to more than 10,000 deaths since 1994," said the group's Enrique Morones. "Two people die crossing the border every day, but they are also dying south of the border. Now, we see a new wave of migration to escape the terrible violence in Mexico, the country of my parents, and that's why we are joining this movement for peace in this historic caravan. We have told both Obama and Calderon that human rights, love, and peace have no borders. We demand peace, justice, and dignity."

"I think this will really have a significant impact," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "It's going to be a pivotal moment, just a month after the Mexican elections and just a few months before the US elections. I don't think drugs will be a major issue, but it will be bubbling up from time to time."

The caravan will seek to raise awareness on both sides of the border, Nadelmann said.

"Americans need to be aware of the devastation in Mexico from the combination of US demand and our failed prohibitionist policies," he said. "It's also important that Mexicans understand the devastating consequences of the war on drugs in the US -- the arrests and incarceration, the evisceration of civil rights. This mutual understanding is a pivotal part of what we're trying to accomplish."

"I hope the message will come through that change is needed on both sides of the border," Nadelmann continued. "We've seen the failures of prohibition on both sides, but the biggest impetus has to come from the US through legal regulation of marijuana and more innovative policies to reduce demand -- not from locking up more people, but by providing effective drug treatment and allowing people addicted to drugs to get them from legal sources. We need a fundmentally different approach, and this caravan will be a leap forward in understanding the consequences of failed prohibition."

Mexico City
Mexico

Medical Marijuana Update

After a brief hiatus, the DEA wrecking ball was back at work in California this week. Also, an important court victory in Colorado, a couple of court losses in Oregon, and Vermont is accepting dispensary applications. And there's a whole bunch more, too. Let's get to it:

California

Last Wednesday, Kern County dispensaries said they would try to overturn Measure G, a ballot measure approved by 69% of voters a day earlier. Measure G will require dispensaries to move to unincorporated areas of the county and also specifies that they must be a mile away from schools, churches, public parks, daycares, and each other. Dispensary operators said they are weighing their options for a legal challenge.

Last Thursday, the Humboldt County Planning Commission voted to revoke the permit for a Myrtletown dispensary. City planning staff said the Humboldt County Collective had failed to meet certain requirements outlined in its conditional use permit, including failing to widen a driveway and to provide financial information proving the collective is a nonprofit. The April arrest of collective president Bill Byron, 42, in Pennsylvania on suspicion of marijuana trafficking also didn't help. Byron has since stepped down as president. Now, the matter moves to the county Board of Supervisors.

Last Friday, an LA City Council panel gave its approval to the "gentle ban" that would shut down dispensaries all across the city but allow patients and collectives to have gardens. The council's Public Safety Committee voted 3-1 to recommend the proposal by Councilmen Jose Huizar and Mitch Englander to shut down dispensaries pending a state Supreme Court decision on the legality of permitting them. The panel also voted against a competing measure from Councilman Paul Koretz that would have allowed 100 dispensaries to stay open under strict regulation. Next comes a vote of the full council, but a date for that hasn't been set yet.

Also last Friday, Imperial Beach activists handed in signatures for a Safe Access Ordinance initiative in the city. Activists from San Diego Americans for Safe Access and the LGBT non-profit Canvass for a Cause handed in 1,555 valid signatures, or roughly 15% of all registered voters in the community. They collected more than 2,600 signatures, then verified their authenticity internally.

On Monday, DEA agents raided the El Camino Wellness dispensary in Sacramento. The dispensary was among a group targeted by the US Attorney in Sacramento last fall, and the owner of the building in which it was located had been the recipient of a letter from federal prosecutors warning her property could be seized. The DEA raiders were jeered by protestors who mobilized on hearing of the raid.

Also on Monday, a Lake County board approved a motion recommending guidelines for the number of plants allowable on small parcels. The Lake County Medical Marijuana Cultivation Ordinance Advisory Committee Monday approved a motion recommending allowing no more than three two plants uncovered outdoors for parcels smaller than a quarter of an acre, and up to six uncovered plants for parcels between one-quarter and one-half acre in size. The measure was approved on an 8-1 vote and now goes to the Board of Supervisors.

On Tuesday, the Lake Elsinore city clerk announced that an initiative campaign was underway to seek the legalization of dispensaries in the city. Backers of the initiative published a public notice last month, so signature gathering should get underway soon. The petition asks residents if they want an election to be held so voters could decide whether to approve an ordinance that would allow a limited number of medical marijuana dispensaries. The proposed ordinance would establish how such medical marijuana operations, also referred to in the petition as cooperatives, would be taxed, regulated and monitored. The city imposed a ban on dispensaries in 2010. An earlier initiative campaign fell short.

Colorado

On Monday, an El Paso County jury acquitted a medical marijuana grower of drug cultivation charges. Elisa Kappelmann, 52, had been looking at up to 12 years in prison on state charges after being arrested by Colorado Springs police in connection with a grow she was operating. Police said she was not in compliance with Colorado Department of Public Health documentation requirements. But defense attorney Robert Corry argued that Kappelmann had physicians' recommendations and caregiver forms for each of her 22 patients and was within her plant count even under the strictest interpretations of the laws. After six days of deliberations, the jury voted to acquit. Corry called the trial a "failed political test case" and urged El Paso County prosecutors to rethink their interpretation of the medical marijuana law.

Also on Monday, the Dacono City Council voted to ban medical marijuana businesses. The 4-2 vote will close three dispensaries, which have a little more than six months to leave town. Dacono has regulated dispensaries since 2009, although it's had a moratorium barring new ones since 2010. Angry dispensary operators and patients berated the council and vowed to file initiative petitions to get the ban overturned.

Massachusetts

Last Thursday, the state Supreme Court ruled in favor of medical marijuana opponents who argued the likely November ballot question was misleading. The Massachusetts Prevention Alliance had filed a petition against the question in May, but it was rejected by Attorney General Martha Coakley's office. Now Coakley and Secretary of State William Galvin must rewrite the "yes" section of the ballot question and get the new wording approved by the court. Opponents had challenged even the use of the term "medical marijuana," arguing that it isn't recognized as medicine under federal law, but the high court was okay with the term.

New York

On Wednesday, the New York Assembly passed its medical marijuana bill on a vote of 90-50. That's the third time a medical marijuana bill has passed the Democratically-controlled Assembly, but it has always been blocked from a vote in the Republican-controlled Senate. This year is expected to be no different.

Oregon

Last Wednesday, a Washington County dispensary operator pleaded guilty to unlawful delivery of marijuana for payment and was sentenced to probation. Local police arrested Terry Spaunhorst, 54, the operator of Serene Dreams Medical Greens in Hillsboro. Prosecutors said Spaunhorst sold marijuana, a clear violation of Oregon's medical marijuana law. Last year, authorities raided another Washington County dispensary, Wake 'n Bake Cannabis Lounge in Aloha and convicted its owner on similar charges with similar results. A third dispensary, the Human Collective in Tigard remains open.

Last Friday, a Grants Pass man became the first registered Oregon grower to be convicted on federal drug trafficking charges. Jason Nelson, 36, was one of four medical marijuana growers from Southwestern Oregon who pooled their harvests and made monthly shipments from Portland to Boston in pods loaded with furniture bought from Goodwill. The other three faced state charges. Federal prosecutors crowed over the conviction and said they had "one more bit of evidence out there so people can be thinking critically whether or not this is what they want in their communities."

Vermont                   

Last Thursday, the Department of Public Safety announced that dispensary applications are now available. The department will authorize up to four medical marijuana dispensaries throughout Vermont based on a competitive scoring process. Applications are now being accepted, and the closing date to apply is June 22, 2012 at 4:30 p.m. A $2,500 non-refundable application fee must accompany all applications. To view the rules for the Vermont Marijuana Program (VMP) and to obtain a dispensary application, go to the Vermont Criminal Information Center.

Washington, DC

On Tuesday, city officials announced that all four dispensaries are free to pursue building and other permits. All four had previously advanced through the city licensing process, and three of the four have already won necessary approval from Advisory Neighborhood Commissions. But it will still be months before patients are able to obtain their medicine in the nation's capital; medical grows approved earlier have not yet planted crops, and the dispensaries will not have any product until the grows harvest.

A Festival of Lies: Perjury in a Michigan Cocaine Case [FEATURE]

special to Drug War Chronicle by Clarence Walker, [email protected]

[Editor's Note: Unless otherwise noted, the information in this article comes from official court documents in the cases under discussion below. Those documents are available online here.]

disgraced former Wayne County Assistant DA Karen Plants (lawreport.org)
Assistant District Attorney Karen Plants was head of the drug unit at the Wayne County District Attorney's Office in Detroit, Michigan, when the suburban Inkster Police Department scored a major drug bust in 2005. Acting on a "reliable tip," officers reeled in 47 kilos of cocaine, the largest haul the Inkster authorities ever made.

Swiftly taken down were Alexander Aceval, Ricardo "Richard" Pena, Chad Povish and Brian Hill, and police estimated the value of the cocaine in the millions. The bust was highly celebrated by police and prosecutors, evidence that the war on drugs was working.

Yet what came next blew the lid off one of the worst cases of police, prosecutorial, and judicial misconduct in Michigan history. The arresting officer, the prosecutor, and the trial judge ended up being charged with a string of crimes ranging from obstruction of justice to perjury.

As Circuit Judge Mary Waterstone, who presided over the trials of Aceval and Pena, told a Michigan Attorney General's Office investigator, prosecutor Plants expressed concern that the life of the informant who made the "reliable tip" was in danger. That informant was Chad Povish, who set up his co-defendants to be arrested.

Waterstone said Plants told her she discussed the looming perjured testimony with Tim Baughman, head of the DA's Office appellate division, who told Plants to inform Waterstone, but not the defense. Baughman also suggested the record of the private conference be sealed.

Waterstone and Plants then agreed to knowingly allow perjured testimony by Povish and the arresting officers -- that police didn't know Povish -- into the trial in a bid to protect his identity. Plants later confessed that she had acted improperly.

"I informed the court when the witnesses lied and I did so in a manner to protect the identity of the confidential informant," she said. "In retrospect, I would have handled the case differently. I realize that allowing false statements is wrong."

In their private meetings, Waterstone and Plants agreed with arresting officers Sergeant Scott Rechtzigel and Detective Robert McArthur and Povish to hide from defense attorneys evidence that would reveal Povish was the snitch who set the bust up.

Povish later told investigators that Plants coached him to testify falsely that he wasn't an informant but only an innocent party to the offense. Povish said the message from then-prosecutor plants was clear: "I didn't know either of the officers." But this wasn't true. Povish was a paid informant for the Inkster police. He also personally knew the officers whom he helped to make the biggest drug bust of their careers.

Police contradicted Povish's story when they finally confessed that he tipped them off about the cocaine in order to collect 10% of Aceval's assets, the standard finder's fee in Inkster. Povish had done the same with other drug dealers in the past. He would later be granted immunity for his perjury in the Aceval and Pena case in return for testifying truthfully against the police, the prosecutor, and the judge.

disgraced former Wayne County Judge Mary Waterstone (3rdcc.org)
Both Plants and Waterstone said they felt the informant's life was in danger if he were exposed as the person who helped police take 47 kilos from the Mexican drug cartels. But there was never any testimony from a witness or police to substantiate those fears. The judge's and prosecutor's fears may or may not have been justified, but their actions trampled on the constitutional rights of the defendants. And it doesn't end there.

Michigan attorney David L. Moffitt represented Aceval on appeal after he and Pena were convicted on perjured testimony. He insists that police were playing fast and loose with the truth from the time the bust went down.  The arresting officers wrote in their reports that they saw Aceval and Pena place kilos of cocaine into Povish's Oldsmobile, he points out. But Povish himself testified that he and Brian Hill loaded the coke.

"Immediately upon the arrests of Alexander Aceval and Ricardo Pena, the perjury scheme went into motion," Moffitt declared at the time.

Allowing perjured testimony is absolutely inexcusable, said Wayne State law professor Peter Henning.

"There's no circumstance in which perjury should knowingly be allowed to be put before a jury. And if it is discovered afterward, it needs to be corrected and that's true even in a case such as this one," he told the Metro Times.

Although this was clearly a case of multi-level misconduct, it worked -- at least at first. Aceval and Pena were convicted based in part on perjured testimony and sentenced to prison. Povish and his friend Brian Hill were never charged. Justice had been served, or so it seemed.

The Tables Turn

But things took a dramatic turn when Moffitt and James Feinburg, Aceval's and Pena's appellate attorneys, discovered the secret meetings between prosecutor Karen Plants and Judge Mary Waterstone. The Wayne County legal structure shuddered as if hit by an earthquake. When news broke that the prosecutor enlisted the judge in the case to go along with perjury by police and Chad Povish during Aceval's and Pena's trials, lawyers and concerned citizens were stunned.

Judge Waterstone was charged with misconduct in office, a felony which carried five years in prison. Plants and the officers were charged with obstruction of justice and perjury, offenses punishable by life in prison. If convicted, Plants would fall from her prestigious position as head anti-drug prosecutor for the DA's Office to being a criminal ringleader in what had been the biggest case of her drug-fighting career.

"Prosecutor Karen Plants intentionally conspired with Judge Mary Waterstone and the officers to hide the truth about Chad Povish being the informant," Moffitt recently told this journalist during an interview.

"Plants and Judge Waterstone were in on the fabrication from the beginning, yet Plants told the court she had not spoken to Povish before Aceval and Pena's preliminary examination. "Without Povish's pejury at the preliminary hearing Mr. Aceval could not have been bound over for trial," Moffitt said.

Perjury in the Aceval-Pena case is another classic example of prosecutors and law enforcement officers engaging in shady tactics to win at all costs. When DA Karen Plants allowed lies to infect the case against Aceval and Pena, her actions amounted not only to prosecutorial misconduct, but rose to the level of criminal behavior.

Attorney David Moffitt
Plants' behavior was extreme, but prosecutors cutting corners to win convictions has been a problem all over the country. Reports of rampant prosecutorial misconduct have led Senator Lisa Murkowski (R-AK) to introduce Senate Bill 2197, the Fairness in Disclosure of Evidence Act, which had a hearing in the Senate Judiciary Committee last week. The bill is a bipartisan proposal with five cosponsors that requires federal and state prosecutors to turn over to defendants all evidence favorable to their case. The bill would also impose penalties when prosecutors fail to do so.

Anatomy of a Bust

Alexander Aceval owned a popular club in Farmington Hills outside Detroit called "J-Dub." Aceval's club generated lots of business and he made lots of money. Chad Povish was a professional carpet installer who friends said once wanted to become a cop -- and sometimes acted like one. But instead he became a paid snitch for the Inkster Police Department under narcotic detective Robert McArthur.

Povish met Aceval through a friend named Bryan Hill. Hill worked at Aceval's club as a bartender. During conversations between Povish and Hill, Hill confided to Povish that Aceval sold more than liquor. This startling news piqued Povish's interest.

On March 11, 2005, according to court records, club owner Aceval offered Povish a cool $10,000 to drive a load of cocaine (worth millions) to a designated location when the drugs arrived from a Mexican drug cartel connection in Texas. Povish was excited. He thought he'd hit the jackpot!

First, he contacted Detective Robert McArthur and laid out the plans about to go down. McArthur called Sergeant Scott Rechtziel to assist. A trap was set for the suspected dealers, and the officers were anxious to make the biggest drug bust of their careers.

Once Aceval's Texas connection delivered 47 cocaine kilos, Povish and and Hill stashed the contraband into duffel bags and placed them into Hill's 1986 Oldsmobile vehicle located outside Aceval's club. Aceval allegedly directed Povish and Hill to transport the drugs to a certain location. Aceval followed in a separate vehicle. Pena was arrested near the club with cocaine in his pocket.

But the deal was doomed. As soon as the vehicles hit the highway, the police swooped in and stopped Povish and Aceval's vehicle. Everyone was arrested. But Povish and Hill were released. Aceval and Pena were charged with possession with intent to distribute over 1,000 grams of cocaine including conspiracy to deliver over 1,000 grams of cocaine.

Courtroom Drama: Here Comes the Judge

Police and prosecutors wanted to hide the fact that Povish was the snitch, and that he was motivated to target Aceval because of the chance for a big payday -- he would receive a percentage of Aceval's not insubstantial assets. While Judge Waterstone and Prosecutor Plants would later say they hid the information about Povish's
informant status from the defense to protect him from being killed, it also removed potentially damaging lines of inquiry for the defense team.

"It was always known that there was an informant," said appellate attorney Moffitt.

Aceval's trial attorney, James Feinberg, had also suspected Povish or Hill as the informant and that perjury existed. Before trial, attorney Feinberg asked the court to identify the confidential informant. During an evidentiary hearing on June 17, 2005, Judge Waterstone conducted an interview with Detective McArthur. McArthur informed the judge that he and Sergeant Rechtizigel knew that Povish was the confidential informant, adding that Povish had been paid $100 for his services and, "He was going to get 10% of whatever we get."

The conference meeting record was sealed. Judge Waterstone denied Feinberg's motion to identify the informant although the officers had already told her that Chad Povish was the informant.

It kept getting worse. As a court reporter took down notes during a meeting between DA Plants and Judge Waterstone, Plants sounded worried as she explained how defense attorneys for Aceval and Pena were trying to obtain phone company records for Povish and Hill's cell phones. Plants mentioned she heard from a jailhouse informant that Aceval and Pena had targeted Povish or Hill as the guys who gave them up.

Waterstone heeded Plants' concerns. Instead of letting the defense attorneys know about the meeting as the law required, Waterstone issued an order to the phone carriers informing them not  to release the cell records.


Subsequently, attorney Feinberg fired off another motion to have Waterstone to suppress other specific evidence. At a hearing on September 6th 2005, Sgt. Rechitzel lied when he testified, in response to defense counsel's questioning, that he "never had any contact with Povish before the arrest of  Aceval and Pena on March 11th 2005."

Even though prosecutor Plants knew the officer was lying, she never objected. But there was more.

On September 8, 2005, in another private conference without defense attorneys present, the prosecutor admitted to Waterstone she knew Sgt. Rechitzel lied about denying involvement with Povish and Hill prior to the time he arrested Aceval and Pena.

"I let the perjury happen because I thought an objection would reveal the identity of the informant," Plants said.

Judge Waterstone agreed with Plants. "Given the circumstances, it was appropriate for the officer to lie," she said in the sealed record of the meeting.

In his appeal, attorney Moffitt asserted that a transcript showed that Plants asked pointed questions of Povish and both officers, questions which elicited false responses, which Plants knew were false but never corrected.

During trial on September 12, 2005, Chad Povish took the stand and repeated the lie that he never met officers Rechtizgel or McArthur before they stopped his cocaine-loaded vehicle and lied again when he testified that neither officer offered him a deal of any kind. He also testified he never knew what the duffel bags contained.

In closing arguments to jurors, Plants characterized Chad Povish and Bryan Hill as "dummies stupid enough to be mules."

"The prosecutor's argument misled jurors about Povish's true role in actually helping police to arrest Aceval and Pena," Moffit noted.

Aceval's trial ended in a hung jury while Pena was convicted on drug charges. Meanwhile the attorneys for both men filed appeals on their behalf. Pena's conviction was overturned. Pena's reversal exposed what the attorneys already knew: a conspiracy to cover up perjury had been going on.

Prior to Aceval's new trial, Moffitt  and his co-counsel encountered another shocker: Despite Judge Waterstone's and DA Plants' admissions that they allowed perjured testimony by the cops and the informant in the first trials, the new judge would allow DA Paul Bernier to call Waterstone, Plants, informant Chad Povish, and the cops as witnesses in the retrial of Aceval to explain why false testimony wound up in the original case.

"That was incredible," Moffitt said.

Harmless Error

Once the court records detailing the secret meetings between Plants and Waterstone discussing the perjured testimony of Povish and the police officers were unsealed, attorney Moffitt filed a motion to quash the indictment against Aceval to block a retrial. A new judge, Vera Jones, appointed to the case after Waterstone recused herself, denied Moffitt's motion to dismiss.

Moffitt appealed, but the appellate court upheld Jones's ruling without much explanation. The appeals court also refused to find that Plants had committed prosecutorial misconduct. Moffitt appealed to the Michigan Supreme Court. In December, 2010, the Supreme Court rejected the appeal.

"The high court's failure to summon a majority to review whether judicial and prosecutorial misconduct can be a basis to convict may relegate Michigan's justice system to one worthy of a third world dictatorship," Moffitt told the Detroit News.

The Quest for Justice

David Moffitt is not a quitter when it comes to fighting for the underdogs caught up  in the criminal justice system. He has been a passionate advocate to see that the public officials in the prosecution of Alexander Aceval and Richard Pena are punished not only in state courts but also to face charges for civil rights violations in federal court.

"This case should be looked at closely by the feds," Moffitt said.

Moffitt continues to wonder how much the upper echelons of the Wayne County District Attorney's Office knew about Plants' subornation of perjury in the Aceval and Pena trial. He recalls Wayne County Chief Prosecutor Kym Worthy remarks about her duty to prosecute former Detroit Mayor Kwame Kilpatrick for perjury.

"Witnesses must give truthful testimony and we demand that they do," she said then.

"Ms. Worthy does not hold herself or her employees to the same standards," Moffitt said."There's absolute proof that Worthy's Assistant DA Karen Plants confessed to allowing lies in my client's case and Worthy didn't have the moral turpitude to fire Plants for actually committing a crime in a court of law. She allowed her to retire."

With defense efforts to get the case thrown out because of prosecutorial and judicial misconduct thwarted, Aceval and Pena took plea deals instead of going back to trial in 2006.

The Judge Walks

After a series of appeals and pretrial challenges, on April 11, the Michigan Appellate Court dismissed the last pending felony charge against the now retired Judge Waterstone. Last year, Wayne County presiding Judge Timothy Kenny dismissed three other counts against Waterstone, who retired after the Aceval-Pena scandal.

As Kenny put it in his decision, "the meetings between Waterstone and Plants were not a neglect of duty as alleged in the indictment, but instead their actions were deliberate acts taken out of concern for informant Povish's safety."

Michigan Attorney General John Selleck hinted he might appeal the final dismissal of charges against Waterstone. "We are reviewing the opinion and will make a decision on which action to take at a later time,"

Waterstone was elated. "I'm going to get a good night's sleep for the first time in three years," she told the Detroit Free Press.

Former DA Plants wasn't so lucky. She pleaded guilty to official misconduct and was ordered to serve six months in jail. Earlier this year Plants' law license was permanently revoked.

Officer Robert McArthur pleaded guilty to a misdemeanor charge of filing a false report and he, too, was ordered to serve 90 days in jail. Sergeant Rechtizgel pleaded guilty to a similar charge but no jail time was ordered.

A judge forced to retire in disgrace and who barely escaped felony charges. An ambitious prosecutor forced to retire in disgrace, disbarred, and jailed. Two police officers forced out of their jobs and convicted of criminal charges. If those police officers and judicial officials had simply honored their oaths to uphold the law, such fates would not have befallen them.

But that would have made it more difficult to win their case. And that desire to win at all costs trumped upholding the Constitution.

Detroit, MI
United States

Pro-Legalization Cops Seek Assistant Media Relations Director

https://stopthedrugwar.org/files/leap-badge-logo-200px.jpg
LEAP badge logo
Law Enforcement Against Prohibition (LEAP) is seeking a talented and motivated individual to work in our media relations department on a part-time basis. LEAP is a nonprofit organization representing police officers, judges, prosecutors and other criminal justice professionals who want to legalize and regulate marijuana and other drugs after witnessing the failure of the "war on drugs" up close.

The assistant media relations director will report to and work alongside LEAP's full-time media relations director in efforts to inject the voices of pro-legalization law enforcers into high-profile news coverage of the rapidly advancing public debate about failed drug policies.

Specifically, duties will include but are not limited to:

  • Writing op-eds and letters-to-the-editor.
  • Drafting, editing and distributing press releases.
  • Making follow-up pitch calls to reporters and producers.
  • Scanning the news to identify PR opportunities.
  • Using an online media database to generate lists of journalists to contact.
  • Building relationships with journalists.
  • Encouraging prominent bloggers to link to or write about interesting drug policy stories.
  • Posting comments mentioning LEAP on prominent blogs and online news articles.
  • Tracking, circulating and archiving LEAP's news hits.
  • Interacting with supporters on social media sites like Facebook, Twitter and Reddit.

Through these and other tactics, the assistant media relations director will help members of the organization's 150-member bureau of law enforcement speakers make their voices heard in the increasingly prominent global drug policy discussion.

The assistant media relations director will preferably -- but not necessarily -- be located in San Francisco, CA or Washington, DC, and will work three days a week (24 hours per week).

QUALIFICATIONS:

  • Demonstrated ability to generate positive news coverage for advocacy efforts.
  • Familiarity with diverse news organizations across platforms (print, online, broadcast).
  • Excellent written and oral communications skills.
  • Commitment to LEAP's mission to replace the "war on drugs" with legalized regulation.
  • Social media savvy.
  • Video editing, graphics and web design skills are major plusses.
  • Spanish language fluency a plus but not required.

COMPENSATION:

The assistant media relations director will be compensated at a competitive hourly rate commensurate with experience.

TO APPLY:

Please send a resume, cover letter and (preferably published) short writing sample to Tom Angell, LEAP's media relations director, at [email protected]. Interviews are being conducted on a rolling basis, so interested candidates are encouraged to apply as soon as possible. The application deadline is June 15, 2012.

More information about LEAP is available at http://www.CopsSayLegalizeDrugs.com.

Medical Marijuana Update

The feds strike again in California, Connecticut becomes the 17th medical marijuana state and New Hampshire could be 18th, and localities in various medical marijuana states continue to try to keep a lid on the green medicine. Let's get to it:

California

Last Wednesday, a new dispensary opened up in Eagle Rock just a day after an LA City Council committee voted to advance a new ban on dispensaries in the city. The Together For Change dispensary is at the same location as the American Eagle Collective, which was raided and closed by LAPD narcotics officers on May 2. It is supposedly under new ownership, but has the same décor and even the same security guard as American Eagle.

On Tuesday, researchers reported that dispensary neighborhoods have no higher crime rates than neighborhoods without dispensaries. The research, which will appear in the July issue of the Journal of Studies on Alcohol and Drugs, examined 95 neighborhoods in Sacramento in 2009. The researchers found no evidence that neighborhoods with a higher density of medical marijuana dispensaries had higher rates of violent crime or property crime than other neighborhoods. But the authors added that further research is needed because they looked at neighborhoods at only one point in time. A neighborhood's crime patterns could change over time as more medical marijuana dispensaries open.

Also on Tuesday, CANORML reported that California elections brought mixed results. In Butte County, a measure that would have restricted patients' rights to cultivate on their own property lost 55% to 45%, but in Kern County an ordinance sharply limiting the location of dispensaries passed with 69% of the vote and in Lake County, a grower-led measure to regulate marijuana like agricultural crops was defeated by a margin of 66% to 33%.

In Los Angeles, LA City Attorney Carmen Trutanich, a staunch nemesis of medical marijuana, failed in his bid to run for District Attorney. That means the contest will be between Jackie Lacey, who believes medical marijuana sales are illegal, and Deputy DA Alan Jackson, who has been more friendly to the cause.

In San Diego, stridently anti-medical marijuana DA Bonnie Dumanis was crushed in the mayoral primary, getting only 13% of the vote. The November election will feature a choice between medical marijuana foe Carl Demaio (32%) and medical marijuana supporter Rep. Bob Filner (30%).

In the 33rd Congressional District, LA NORML Director Bruce Margolin came in fourth in the race with 4.5%, followed closely by Libertarian Steve Collett with 4.3%. Both had made marijuana reform a centerpiece of their campaigns against long-time incumbent Henry Waxman, who was leading with 45%.

In the race for US Senate, where veteran drug warrior Sen. Dianne Feinstein faced a field of 32 unknown opponents, David Levitt, who had campaigned on drug reform and other progressive issues, got 1.6% of the vote;  while Libertarian Gail Lightfoot got 2%. Feinstein's opponent in November will be Republican Elizabeth Emken.

On Wednesday, federal authorities announced a crackdown on LA County dispensaries, with the DEA raiding two dispensaries and federal prosecutors sending warning letters to 34 more. While the feds didn't target the city of Los Angeles, the crackdown seeks to wipe out dispensaries in the cities of Santa Fe Springs, Whittier, South El Monte, La Mirada, Diamond Bar, Artesia, Paramount, South Gate, City of Commerce, Agoura Hills and Malibu. The two dispensaries that were raided Wednesday were the Tri-City Patient's Association and the Canna-America Collective (a.k.a. Organic Way Collective) in Santa Fe Springs. The two dispensaries were also hit with federal civil asset forfeiture lawsuits. The warning letters give the operators and landlords 14 days to come into compliance with federal law or risk potential civil or criminal actions.

Colorado

On Tuesday, Garfield County commissioners set a June 18 deadline to approve land use regulations for medical marijuana growers in the county. A two-year moratorium on grows expires July 1. One commissioner proposed that the commission require a 1,000-foot buffer zone between grow facilities and schools, parks or churches, in accordance with state law. He also proposed that growers be restricted to commercial zone districts and banned from rural zones, because of concerns about ease of enforcement. He also proposed that Garfield County growers be allowed to sell their products only within the county. But the proposed ban on rural grows and on selling products outside the county drew opposition.

Connecticut

Last Friday, Connecticut became the 17th medical marijuana state after Gov. Dan Malloy signed into law the bill passed by the legislature. Patients will obtain their medicine from dispensaries run by licensed pharmacists.

Michigan

Last Thursday, the state Supreme Court ruled that state law allows an affirmative defense for patients even if they haven't registered with the state. The ACLU of Michigan called the decision a victory for medical marijuana patients throughout the state. In one case ruled on by the court, Owosso resident Larry King, who suffers from severe and chronic back pain, was issued a medical marijuana card in 2009 by the state after being examined and approved by a doctor. He grew 12 marijuana plants for his own medical use. The Shiawassee County prosecutor charged him with manufacturing marijuana, a felony, because some of his plants were being grown outside. Drug charges against King initially were thrown out because he was a medical marijuana patient. But the Court of Appeals reinstated felony drug charges against him because it held that King would not be permitted to raise a medical defense at his trial. The higher court's decision reverses the appeals court.

Also last Thursday, the New Baltimore City Council extended a moratorium on medical marijuana businesses that has been in place since 2009. While in the past, the council had extended the moratorium for six months at a time, this time it was only for two months. The council is hoping some clarity will emerge this summer after the legislature finishes dealing with a package of medical marijuana bills.

Last Sunday, the Flushing Police announced they were reporting to the federal government medical marijuana users who were seeking to buy firearms. Police Chief Mark Hoornstra said his department began doing so about six months ago after an FBI training seminar. And it's not just gun buyers. Hoornstra said his officers report any interactions with individuals identified as medical marijuana patients to the National Instant Criminal Background Check System, or NICS, even if they are not committing a crime or violating the Michigan Medical Marihuana Act. He said his department has reported about ten patients so far.

On Tuesday, patient and dispensary advocates threatened to sue the city of Jackson if the city council approves an ordinance saying patients and primary caregivers can only use and grow their medicine in their homes. A council committee voted later that evening in favor of the ordinance. There are already at least two dispensaries in Jackson, and they would be forced to close if the ordinance passes. The Jackson City Council likely will consider the ordinance next Tuesday.

Montana

Last Wednesday, the state Supreme Court heard arguments in a case challenging a new medical marijuana law passed by the legislature last year. That law bans the commercial sale of medical marijuana. The Montana Cannabis Industry Association challenged it. Chief Justice Mike McGrath said the issue is not whether marijuana has medicinal value, but whether there is a right to sell a drug that federal law labels a Schedule I narcotic. A key component of the 2011 law was to make it illegal for marijuana providers to be compensated for their services and to limit them to three patients each. Supporters said that provision was necessary to end the business of marijuana and to ensure the drug was used as voters intended --to treat the neediest patients. An appeals court judge ordered an injunction that prevented the sales ban from taking effect, saying it would harm people's right to seek health care.

New Hampshire

On Wednesday, the state legislature gave final approval to a medical marijuana bill, which now heads to the desk of Gov. John Lynch (D), who earlier said he would veto it. Supporters are scrambling to either persuade Lynch to change his mind or come up with a veto-proof majority. They're not quite there yet.

Washington

On Monday, the Pasco City Council voted to ban collective medical marijuana grows. Five council members decided to end their year-long moratorium and amend Pasco's zoning code to say the city won't allow anything that violates local, state and federal law. That includes the issuing of a building permit or business license for a collective garden, where authorized patients would grow cannabis plants together. The legislature in 2011 passed a law allowing collective gardens, but Gov. Chris Gregoire (D) vetoed parts of it. The city had enacted successive moratoria on grows while waiting for the legislature to act this year, but got tired of waiting.

On Tuesday, the Kent City Council voted to ban dispensaries and collective gardens. The 4-3 vote came after more than 150 people at the meeting pleaded with the council not to enact the ban. Now, the Cannabis Action Coalition says it plans to sue the city.

California Assembly Passes Medical Marijuana Regulation Bill [FEATURE]

A bill that would for the first time bring statewide regulation to California's chaotic medical marijuana industry passed the Assembly Thursday. The legislation, Assembly Bill 2312, barely passed on a 41-29 vote, with 41 votes being the minimum required to move the legislation to the Senate before a Friday deadline.

It must still be approved by the Senate and signed by Gov. Jerry Brown before it becomes law.

Pushed by patients, dispensaries, and advocates organized into the broad-based coalition Californians to Regulate Medical Marijuana (CRMM) and sponsored by Assemblyman Tom Ammiano (D-San Francisco), the bill would create a nine-member commission to come up with regulations to govern medical marijuana enterprises. Under California's current medical marijuana laws, there is no statewide regulation, leaving a patchwork quilt of often conflicting local approaches to the issue.

The result has been uneven implementation of the law, with some areas flooded with unregulated dispensaries, while others ban their operation, leaving patients to grow their own or seek it out on the black market. The lack of state regulation has also left an opening for recalcitrant prosecutors and law enforcement officials to criminally prosecute dispensary operators and growers under differing interpretations of the state's laws. And it has left an opening for federal prosecutor and the DEA to swoop in, claiming the unregulated dispensaries are little more than "pot shops."

In the wake of the lack of clarity at the state level, counties and municipalities across the state have considered or enacted their own regulatory schemes or outright bans. The result is a situation where what is tolerated on one side of a suburban highway may be prosecuted on the other side.

In a sop to medical marijuana opponents, Ammiano accepted an amendment that would allow localities to continue to ban dispensaries. The bill originally would have required that local governments allow at least one dispensary for every 50,000 residents unless voters in a local initiative decided otherwise. Now, city or county elected officials could make that decision. That means even with statewide regulations, the patchwork quilt effect could remain.

But the language was necessary to win enough votes among Democrats to get the bill passed. No Republicans voted for it.

"The people of California, the attorney general and even law enforcement and patients, all want a clear set of rules to regulate an industry that has been in existence since 1996," Ammiano said, noting broad support for medical marijuana in the state. "Cartels and other organized crime thrive in unregulated markets. Today's vote was significant because it represents a considerable shift that the legislature is now willing to take responsibility for the effective regulation of medical cannabis in California. With the continuing federal crackdown, we simply cannot afford to continue keeping our heads in the sand and pretend that everything is fine."

Since last fall, when federal prosecutors in the state announced their crackdown, the DEA has raided numerous dispensaries and other medical marijuana-related businesses, including Oaksterdam University. In the past year, hundreds of dispensaries have shuttered their doors, in part because of the fear of federal prosecution and in part because of local moves against them.

Hostility to medical marijuana was evident in the Assembly debate before the bill passed, with some members continuing to deny that it has any medical utility.

Medical marijuana is "a phrase that is meaningless," said Assemblywoman Linda Halderman (R-Fresno), a doctor and surgeon. The discussion about it is really a debate over "whether people should be able to legally get high," she said.

Assemblyman Dan Wagner (R-Irvine) complained about the make-up of the bill's Board of Medical Marijuana Enforcement, which would include two patients, an industry representative, and a doctor familiar with medical marijuana among its nine representatives.

"Something smells when you stack the deck like that, and we know what that smell is," he said.

But Assemblywoman Susan Bonilla (D-Concord) said it was time to get real. "What it does is begin the process of regulation of something that is happening anyway," she said.

"Some people want to preserve the chaos and confusion to say that medical marijuana has failed or is a sham," Ammiano said during the debate in response to Republican critics.

The bill was modeled after an initiative crafted by CRMM last winter after the federal crackdown began. The group, which includes the core of the team behind 2010's Proposition 19 effort, briefly tried to get the measure on the ballot this year before shifting gears to work with Ammiano in trying to get it passed through the legislature after realizing it did not have sufficient funding for a costly signature-gathering effort.

CRMM pronounced itself pleased with the bill's progress so far.

"More than 15 years after Californians passed Proposition 215, patients are still in need of a commonsense approach to the production and distribution of medical marijuana," said Don Duncan, California Director with Americans for Safe Access, one of the member organizations of CRMM. "We applaud the Assembly for taking leadership on statewide regulations and we hope the state Senate also does the right thing by addressing medical marijuana as a public health issue."

Now, it's on to the Senate. California could still end up with a state-regulated medical marijuana industry this year.

Sacramento, CA
United States

Medical Marijuana Update

It's been a pretty quiet week on the medical marijuana front. Heck, it looks like even the DEA took a break -- no raids to report. Let's get to it:

National

On Memorial Day, a veterans' group slammed the Obama administration for its stance on medical marijuana. Veterans for Medical Cannabis had petitioned the administration to look into the reliable new science showing that medical marijuana has benefits and asked the administration to change its policies to allow vets to use it for Post-Traumatic Stress Disorder. What they got instead was a canned non-response from drug czar Gil Kerlikowske.

Arizona

Last Friday, the Department of Health Services held a hearing on requests to expand its fledgling medical marijuana program to allow use of the herb for a variety of conditions, including Post-Traumatic Stress Disorder. Besides PTSD and migraines, the requests for covered conditions include depression and general anxiety disorder. The law already permits medical marijuana use for such medical reasons as cancer, glaucoma, AIDS, chronic pain, muscle spasms and hepatitis C.

Also last Friday, the application period for people seeking to open dispensaries ended. The Department of Health Services will issue only 126 dispensary permits statewide, but had received nearly 500 applications, along with a $5,000 fee, $4,000 of which is non-refundable. The department will review the applications and grant permits on August 7. If an application passes review and is the only application in its district, it will be granted a permit. In districts with multiple applications, those that survive the review process will enter a lottery to see who gets the permit.

California

Last Wednesday, a San Diego medical marijuana prosecution ended in a mistrial after jurors deadlocked and the judge dismissed prosecutors' request to retry the case "in the interest of justice." The effort by San Diego District Attorney Bonnie Dumanis to convict Therapeutic Healing operator Dexter Padilla was only the latest in her ongoing campaign against medical marijuana. In dismissing the prosecution request for a new trial, the judge accused the DA's office of being "disingenuous" in its arguments in the case.

Also last Wednesday, the state Supreme Court denied review of a key medical marijuana case, handing a victory to patients and providers. Attorney General Kamala Harris and law enforcement had asked the court to review People v. Colvin, which upheld certain protections for patients and providers, in a bid to get the court to rule that patients in collectives must help cultivate their medication. The court declined to review the case, affirming that patients are not required to help grow their medicine.

On Tuesday, the LA city council moved closer to a ban on dispensaries. A council committee approved a recommendation to ban dispensaries while allowing small groups of patients and their primary caregivers to grow their own. A counterproposal that would allow up to 100 existing dispensaries to stay open also won a committee recommendation. In 2007, the city imposed a moratorium on dispensaries, but a loophole allowed hundreds of new pot shops to proliferate. In reaction, lawmakers approved an ordinance two years ago that called for a lottery to limit which dispensaries should be allowed to operate. But City Attorney Carmen Trutanich has argued that the ordinance should be revoked because it may violate federal law. The turning point was an appellate court ruling last year that Long Beach, which also imposed a lottery, was violating federal law by in effect sanctioning the distribution of drugs. The proposed ban in Los Angeles would last at least until the California Supreme Court reviews the Long Beach case.

Colorado

On Tuesday, patients and supporters petitioned to add PTSD to the list of conditions that can be treated with medical marijuana. The effort is a reprise of a failed attempt to add it in 2010. That year, the Colorado Department of Public Health opposed legislation that would have added PTSD. Now, we will see if the department has changed its mind.

New Jersey

Last Wednesday, Newark Mayor Cory Booker came out in support of medical marijuana. His support came amidst of series of Twitter tweets he sent out critical of the war on drugs, and while he said he didn't support all-out drug legalization because of fears of addiction, he told one follower, "However, I'm with you on medical marijuana, and NJ should do more to make it real for those who need it."

Washington

On Tuesday, medical marijuana advocates sent a letter to the Kent City Council opposing a planned ordinance that would ban all medical marijuana access points within the city, including collective grows, which are explicitly allowed by state law. The letter signed by Sensible Washington and state Rep. Roger Goodman (D-Kirkland) calls on the city "to respect the wishes and demands of the voters of Washington State, to act in adherence to the laws adopted by our state in regards to medical cannabis (pursuant to RCW 69.51a), and to cease and desist any and all attacks on qualifying medical cannabis patients, medical providers,  and safe access points within the City of Kent." The statute mentioned reads as follows: "Qualifying patients may create and participate in collective gardens for the purpose of producing, processing, transporting, and delivering cannabis for medical use." The city council is scheduled to take up the ordinance on June 5.


 

Warrantless Cell Phone Tracking Being Challenged in Courts, Senate [FEATURE]

special to Drug War Chronicle by investigative journalist Clarence Walker, [email protected]

In the wake of the US Supreme Court's January decision in United States v. Jones, in which the high court forbade the warrantless use of GPS tracking devices to surveil people's movements, law enforcement and the Obama administration are scrambling -- not to find ways to comply with the spirit of the ruling, but to find ways around it.

Police in many states have switched tactics by obtaining mobile data to zero in on someone's prior movement and by tracking them through their cell phones, usually without a warrant. Whenever a cell phone is used, it "pings" an electronic signal to the nearest cell phone tower, allowing law enforcement to use the cell phone to find or track people. And cell phones containing GPS devices, which are increasingly common, "ping" constantly.

In April, the  American Civil Liberties Union (ACLU) released an extensive study of state, federal, and local law enforcement's surveillance practices that illustrate how police track citizens through their cell phones. The findings were staggering. Warrantless cell phone tracking "has become a powerful and widely used surveillance tool for police officials, with hundreds of departments, large and small, often using it aggressively with little or no court oversight," the report found.

After poring over 5,500 pages of records in responses from over 200 local law enforcement agencies, the ACLU researchers reported that "only a tiny minority" -- 10 agencies total -- had obtained a warrant before tracking someone through his or her cell phone.

"What we have learned is disturbing," said ACLU staff attorney Catherine Crump, who helped file public information requests with some 385 law enforcement agencies. "The government should have to get a warrant before tracking a cell phone. Instead, what we found was that the cops track people with no supervision, or in some cases, mostly drug cases, the cop will go to court and only show that it would be relevant to an investigation, which is a lower standard."

The ACLU is calling for law enforcement agencies to desist from using cell phone tracking without a warrant, and is calling on state and federal lawmakers to pass legislation requiring a warrant before police use location tracking in non-emergency situations.

A bill to address the problem is pending in Congress. Senate Bill 1212, the Geolocation Privacy and Surveillance (GPS) Act, is sponsored in the Senate by Senators Ron Wyden (D-OR) and Mark Kirk (R-IL). Companion legislation in the House, House Resolution 2168, is sponsored by Reps. Jason Chaffetz (R-UT), Peter Welch (D-VT) and Jim Sensenbrenner (R-WI.). The bills would require law enforcement agents to obtain a warrant in order to access location information.

Another Senate effort, Judiciary Committee chair Senator Patrick Leahy's (D-VT) Electronic Communications Privacy Act Amendments Act, Senate Bill 2011, offers a partial repair of the problem. It includes a warrant requirement for real-time tracking, but not for historical location information.

The Obama administration disagrees that any action is needed. At a State of the Mobile Net conference held in May, Justice Department Deputy Assistant Attorney Jason Weinstein argued, "[t]he need for such warrantless cell phone tracking is important so it won't cripple the government and law enforcement."

The administration's lawyers insist that when a person turns on a cell phone, the information from the phone is transmitted through a third-party, such as the wireless carrier, and the user thus has no "expectation of privacy."

Warrantless cell phone tracking "should be illegal," said Washington, DC, appellate attorney Stephan Leckar, who successfully represented DC nightclub owner Antoine Jones in the case cited above.

In that case, the Supreme Court reversed Jones' conviction and sentence of life without parole in a cocaine trafficking case after they found substantial evidence that the FBI placed a GPS device on Jones vehicle for 28 days without a search warrant. When police monitored Jones vehicle without a warrant, the court said, "This violated his Fourth Amendment right against unreasonable search and seizure."

According to Leckar, the "third-party" doctrine is a means for law enforcement to get around the Fourth Amendment. "As the law reads," he said, the 'third-party' doctrine doesn't violate the Fourth Amendment. To change this, people will have to petition Congress to change that doctrine."

https://stopthedrugwar.org/files/judge-lynn-hughes.jpg
Judge Lynn Hughes
While privacy advocates like the ACLU's Crump argue that cell phone users should get the same protections against warrantless tracking as people subjected to GPS devices being surreptitiously placed on their vehicles, the Justice Department disagrees.

"There is no trespass or physical intrusion on a citizen's cell phone when the government obtains historical cell-site records from a provider," Justice Department attorneys argued in a brief in an appeals court case in February, adding that cell phone data are not as precise as GPS tracking data.

Most, but not all, recent state and federal court decisions in major drug cases have upheld the right of police to either track cell phones or search them for evidence in an investigation. In March, the US 7th Circuit Court of Appeals upheld a warrantless search of a cell phone by Indiana police, a phone belonging to a  meth dealer identified as Abel Flores Lopez. Flores was given ten years in federal prison. His co-defendant Alberto Santana Cabrera received the toughest punishment. Santana got 75 years after failing to assist the government with valuable information on other drug dealers.

But federal judicial opinion isn't unanimous. Last year, in a blistering one-page ruling, US District Court Judge Lynn Hughes of the Southern District of Texas in Houston declared "that the law allowing the government to obtain cell phone records without a warrant is unconstitutional."

In that case, federal prosecutors had subpoenaed MetroPCS and T-Mobile to hand over sixty days of cell phone location data belonging to drug suspects. "The records would show the date, time, called number, and location of the telephone when the call was made," Hughes noted.

As the law now stands, cell phone customers who value their privacy are at the mercy of law enforcement and their wireless service providers. And the wireless service providers are all too happy to work with law enforcement voluntarily, and turn a tidy profit doing it.

Our favorite carriers, including AT&T, Verizon, T-Mobile and Sprint, are in on the action by selling information to police about a person's whereabouts, including the sale of private text messages and cell tower data, which pinpoint the location where someone is using a cell, the New York Times reported in March. Some companies are marketing surveillance fees to law enforcement to spy on targets even though wireless carriers declare that they don't sell their customers' information to police.

The Times found that T-Mobile charges law enforcement $150 per-hour for cell phone data that shows the approximate location of the tower that a cell phone "pings" off of when the user makes a call. It found that Alltel provides a faxed listing of an electronic "Tower Dump" for specific times and dates. The listing is "no charge," but the company charges a flat rate of $500 for those searches.

Verizon Wireless, on the other hand, charges  $30-$60 for 15 minutes' worth of tower data, while AT&T charges $75 hourly (a minimum of two to four hours per tower) for a Cell Tower Dump or Cell Site Usage Report. Cell Site Usage also includes subscriber information for the location, date and time when a phone was used.

The Times also found that Sprint once billed the Raleigh, North Carolina, Police Department at a "reduced rate" of $50 for an historic tower search and added $30 more for a search of "L-Site GPS pings," while the ACLU reported that Sprint had billed the Phoenix Police Department $460 for the GPS "pings" over a two-day period in 2009.

"The bottom line is that our mobile phone companies should be working for us, their customers, not the police, says Nicole Ozer, an ACLU staff attorney.

Not only are the wireless providers profiting from your privacy by working with the police, they are lobbying to be able to continue to do so. Even as the debate rages over warrantless cell phone tracking, cell carriers are geared up to oppose legislation that would force the companies to publicly report the number of times their employees provide cell phone location information to police and federal agents.

Sen. Al Franken
One important proposal is California Senate Bill 1434, introduced by Sen. Mark Leno (D-San Francisco), which would prohibit carriers from revealing data to police without a warrant. Wireless providers are joining together to fight it.

"These reporting mandates would unduly prevent us from insuring the public's safety and saving lives," AT&T, Sprint, and T-Mobile said in a joint statement.

The battle continues. Motivated by the ACLU research and news reports on the controversy surrounding  warrantless cell phone tracking, US Senator Al Franken (D-Minnesota) recently convened a Senate Judiciary Committee hearing to gather support for the GPS Act. At the hearing, Franken unveiled a letter he had written to Attorney General Holder seeking information on Justice Department cell phone tracking activity, what the department's stance on the standard for requests for historical location data (cell sites, GPS data), and whether the department had changed its practices in the light of the Jones decision.

He is still awaiting a response from Justice.

On the legal front, with state and federal courts split in their decisions on whether warrantless phone tracking violates the Fourth Amendment, the tens of millions of Americans who use cell phones and smart phones will have to wait for the Supreme Court to be the final arbiter. In the meantime, they could just be tracking you -- warrant or not.

Medical Marijuana Update

The Rhode Island governor has finally opened the door to compassion centers, a medical marijuana initiative campaign is getting underway in North Dakota, people are going to federal prison in Montana, and the battles continue in California. Let's get to it:

California

Last Wednesday, Fresno police said they would shut down a newly opened dispensary. The California Herbal Relief Center opened quietly and said "a loophole" in the city code allowed it to circumvent the city's ordinance against dispensaries, but Fresno police were having none of it. The department has sent the operator  a "hand delivered note that he needs to stop doing what he is doing," a police spokesman said.

On Saturday, Sunday, and Monday, advocates held a three-day unity event in Sacramento to rally support for state-regulated medical marijuana industry. About 200 people turned out Saturday to rally for a bill sponsored by Assemblyman Tom Ammiano (D-San Francisco) that would do just that. On Monday, reformers took to the capitol to lobby for the bill, Assembly Bill 2312.

On Monday, a federal appeals court ruled that cities do not violate the rights of the disabled when they ban dispensaries. A three-judge panel of the US 9th Circuit Court of Appeals in San Francisco rejected a claim by patients from Costa Mesa and Lake Forest that those cities' efforts to close dispensaries violated the Americans with Disabilities Act. The law does not protect the use of drugs banned by the federal government, the court held.

Also on Monday, the LA branch of the NORML Women's Alliance launched a voter education project aimed at identifying favorable (or unfavorable) candidates Los Angeles County Superior Court Judge in the June 5 primary election. Candidates for Superior Court Judge in Los Angeles County are being asked their positions on issues relating to medical marijuana, as well as three-strikes laws, mandatory minimum sentencing and the recent United States Supreme Court mandate to end overcrowding in California prisons.

Also on Monday, Tulare County filed suit against five collective members for growing medical marijuana in the wrong place. The lawsuit asserts that they are violating the county's land use ordinance by growing marijuana in a rural area near Cutler in northern Tulare County zoned exclusively for agriculture. Under the county's ordinance, medical marijuana collectives and cooperatives must operate in a commercial or manufacturing zone. This is not the first time Tulare County has sued medical marijuana growers. In 2009, the county sued Foothill Growers Association for growing marijuana in a building on agricultural property near Ivanhoe and cited the same ordinance. The collective put up a court fight but lost.

On Tuesday, Novato's last remaining dispensary announced it was closing. The Green Door Wellness Education Center will shut its doors June 15. It had been open since April 2010. The city has a moratorium on dispensaries, and the second-to-the-last one, the Green Tiger, closed in April under federal pressure.

Also on Tuesday, an attorney filed a suit to block Nevada County from enforcing an emergency marijuana cultivation ordinance it passed earlier this month. Attorney Jeffrey Lake is seeking a temporary restraining order on behalf of Americans for Safe Access Nevada County, Grassroots Solutions and Patricia Smith, who is the founder of the nonprofit patient advocacy group and the ASA chapter.

On Wednesday, Imperial Beach initiative campaigners announced they had gathered more than 2,000 signatures in less than two months for a municipal initiative to repeal a ban on dispensaries and replace it with reasonable regulations. Canvass for a Cause, a San Diego based nonprofit with the largest gay rights field program in the county, has partnered with San Diego Americans for Safe Access, a local chapter of the nation’s largest medical marijuana patients’ rights advocacy group on this campaign. They will hand in signatures to the city clerk on Saturday.

Maine

Last week, a medical marijuana clinic opened in Brewer. It is operated by Wellness Connection of Maine.

Massachusetts

Last Wednesday, the Massachusetts Prevention Alliance filed a lawsuit challenging the language in a likely ballot initiative to legalize medical marijuana. The lawsuit argues that the language is "misleading" and the initiative has "radical components." Attorney General Martha Coakley's office has already certified the ballot initiative titled, "An Act for the Humanitarian Use of Medical Marijuana." Proponents of the initiative must now collect 11,485 signatures by early July to get the initiative on the November ballot.

Over the weekend, the Massachusetts Medical Society approved a resolution opposing the legalization of medical marijuana without further scientific study. It did, however, pass another resolution calling on the DEA to reclassify marijuana to permit more studies.

Michigan

On Tuesday, the Marijuana Policy Project warned that more bad bills are coming in the state Senate. The bills would dramatically undermine the state's medical marijuana law, the group said, and it urged Michiganders to contact their senators.

Montana

On Monday, a Kalispell landlord was sentenced to a year in federal prison for renting a property to a medical marijuana business. Jonathan Janetski pleaded guilty to maintaining a drug involved premises, but he said he had no ties to the growing operation. The prosecution said Janetski wasn't just a landlord, that he didn't take money for rent for a year, and that he was an equal partner.

North Dakota

On Tuesday, a medical marijuana initiative campaign got underway. Rep. Steve Zaiser (D-Fargo) turned the proposed law in to the secretary of state's office for its approval, which is needed before signature-gathering can commence. The proposed law says someone with a "debilitating medical condition" may grow and use marijuana, and possess up to 2 ½ ounces of the drug. It says people with cancer, the HIV virus, post-traumatic stress disorder and other conditions may use marijuana legally.

Rhode Island

On Tuesday night, Gov. Lincoln Chafee (I) signed the bill allowing compassion centers to open. Championed by Sen. Rhoda Perry and Rep. Scott Slater, the bill was crafted to allay the governor's concerns, which had caused him to block them from opening more than a year ago. The amended law only allows centers to possess 1,500 ounces at one time and they can have no more than 99 mature plants at one time. Patients and caregivers will be able to sell any excess medical marijuana they produce directly to the centers as well.

(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.)

LEAP Hiring Speakers Bureau Director (Applications Due Tomorrow!)

[Sorry for the late notice -- we just heard about this!]

Job Posting: Speakers Bureau Director (Full Time)
http://www.leap.cc/hiring-speakersbureaudirector/

Application Deadline: Friday, May 11, 2012 Start Date: May 28, 2012

Location: Washington, DC, Metro Area (preferred)


LEAP is an international nonprofit educational organization created to give voice to law-enforcers who believe the US war on drugs has failed and who wish to support alternative policies that will lower the incidence of death, disease, crime, and addiction. The Speakers Bureau Director performs a combination of duties including policy advocacy, team management, recruiting and training, and cold calling various venues to suggest a LEAP speaker. This position reports to the Executive Director.

Speakers Bureau Director responsibilities include but are not limited to:

  • Coordinating the speaking engagements for LEAP speakers across the full spectrum of venues, including colleges and universities; civic, professional, and religious organizations; legislative hearings; conferences; and more. Booking is done both directly and through the management of teams of staff and volunteers. It includes pitching venues, arranging all details and making sure all parties have them, and occasionally organizing transportation and lodging. The speakers bureau team is also responsible for obtaining funding from organizations to cover LEAP's speaking expenses and honoraria when possible.
  • Managing the activities of the speakers bureau. This includes recruiting speakers, coordinating the vetting process, initially training speakers, collecting and providing feedback, and making sure that current speakers have all the resources they need to represent LEAP. As part of this management, the speakers bureau director is responsible for reviewing the application process, running the speakers' training web site, writing new speakers' bios, and being available to answer any and all questions and concerns from current speakers.
  • Drafting and keeping up-to-date various internal and external policy documents including testimony, speeches, slide presentations, handouts, fact sheets, and summaries for speakers to use in educating the public. The speakers bureau director is also responsible for staying current on drug policy issues and making sure that the members of the speakers bureau have access to the latest statistics and other preparation and materials.
  • Collaboration both within and outside the organization. LEAP supports reform in dozens of states in partnership with organizations nationwide. The speakers bureau director will work with local and state campaigns in order to coordinate LEAP's role in providing law enforcement support. He/she will also work closely with LEAP's media, outreach and finance directors and office managers to ensure that speakers' activities are covered in the press, reimbursed, and recorded accurately in the organization's records.

Required qualifications include:

  • At least three years of relevant policy advocacy or organizing experience;
  • Excellent communications skills, both written and oral;
  • Excellent interpersonal skills;
  • Demonstrated ability to manage and mentor teams;
  • Enthusiasm, optimism, and a sense of humor;
  • Flexibility and an ability to work in a rapidly-changing environment
  • Demonstrated commitment to social justice issues, preferably drug policy reform;
  • Familiarity with Google Mail and Google Docs;
  • Comfort with selling ideas over the phone and by email;
  • Comfort with frequent conference calls; and
  • Spanish language fluency a plus but not required.

More Information About LEAP

Who we are: Established in 2002 by one Canadian and four American cops, LEAP has become an international organization of law enforcement professionals (police officers; parole and corrections staff; judges; prosecutors; prison wardens; DEA, Homeland Security and FBI agents) with over 60,000 supporters throughout 80 countries. LEAP has over 150 speakers.

What we believe: We believe that drug prohibition is the true cause of much of the social and personal damage that has historically been attributed to drug use. It is prohibition that makes marijuana worth more than gold, and heroin worth more than uranium -- while giving criminals a monopoly over their supply. Driven by the huge profits from this monopoly, criminal gangs bribe and kill each other, law enforcers, innocent civilians and children alike. Their trade is unregulated and they are, therefore, beyond our control. We thus believe in a legal, regulated and controlled system for drugs.

What we do: LEAP has established a speakers bureau of knowledgeable current and former law enforcement professionals who educate diverse audiences about the negative impacts of our current drug policies.

Compensation

Salary based on experience. Benefits include paid vacation, paid sick leave and healthcare package.

To Apply

Applicants should email a resume and cover letter describing the applicant's interest in this position to Shaleen Title at [email protected].

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School