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This Week's Corrupt Cops Stories

Four Texas cops get indicted for cocaine, a former Utah narc has a pill problem, a sticky-fingered former Baltimore cop heads for federal prison, and more. Let's get to it:

In Houston, four current or former law enforcement officers were indicted last Wednesday as part of a broad-ranging cocaine trafficking conspiracy. The four include Border Patrol Agent Daniel Polanco, Edinburg Police Officer Hector Beltran, former Houston police officer Marcos Esteban Carrion, and an as yet unnamed former Houston deputy constable. Another 11 people were also indicted. The four current or former officers all face charges of conspiracy to possess cocaine with the intent to distribute, as well as varying numbers of charges of possession with intent to distribute. They're all looking at up to life in prison.

In Ogden, Utah, a former Weber-Morgan Narcotics Strike Force member was charged last Wednesday with using an informant to score prescription opioid pills for him. Don Henry Johnson, 29, had already been hit with similar charges in January, but they were expanded after an informant read about the original charges and went to authorities with information about Johnson asking him to get pills for him. Johnson was originally charged with two counts of distribution of a controlled substance; now he has two more. The charges against Johnson, who was a member of the Ogden Police, have resulted in several drug distribution cases he was involved with being dropped.

In Goose Creek, Alaska, a Goose Creek prison guard was arrested Monday after being caught trying to smuggle heroin and marijuana into the jail for an inmate. Guard Adam Jason Spindler went down after the Department of Corrections alerted the FBI that it had received information Spindler was toting dope. Agents watched Spindler interact with a known drug dealer immediately before heading to work at the prison, but were unable to find anything when they searched his vehicle. Another guard then told them Spindler had handed off a package to him that contained marijuana and heroin, and Spindler was then arrested. No word yet on the exact charges.

In Baltimore, a former Baltimore police officer was sentenced last Friday to a year in federal prison for stealing money during a drug raid that was actually a sting operation. Maurice Lamar Jeffers, 47, earlier pleaded guilty to stealing government funds after he was caught conducting an illegal search and stealing $3,000 in cash planted in the room by the FBI, which was recording the whole thing. He was a 12-year veteran of the force.

Chronicle AM: Sanders Endorses CA Init, Congress Moves to Help Vets Get MedMJ, More... (5/19/16)

Marijuana activists prepare to march on the White House, Congress moves on medical marijuana for veterans, Bernie Sanders endorses California's AUMA legalization initiative, and more.

The Democratic contender endorses California's AUMA legalization initiative. (senate.gov)
Marijuana Policy

Marijuana Legalizers, Veterans to Protest at White House Friday. A demonstration headed by the DC Cannabis Campaign and Weed for Warriors is set for the White House Friday after the Obama administration failed to respond to the groups' requests for "higher level consultations" following an initial meeting with White House staffers last month. Organizers are saying the event won't be a smoke-in, but it will come close. "This will be an unpermitted event with mass cannabis consumption and escalated civil disobedience," demonstration promotional materials say.

Bernie Sanders Endorses California's Legalization Initiative. Democratic presidential contender Sen. Bernie Sanders endorsed the Adult Use of Marijuana Act (AUMA) legalization initiative at a rally in Vallejo Wednesday. "I do not live in California," the Vermont senator told supporters. "But if I lived in California, I would vote 'yes' to legalize marijuana." Sanders has previously supported legalization in general, but hadn't taken a stand on the AUMA.

Illinois House Passes Decriminalization Bill. The House voted Wednesday to approve Senate Bill 2228, which would decriminalize the possession of up to 10 grams of marijuana. Offenders would be hit with fines of between $100 and $200. Currently, possession is a misdemeanor punishable by up to six months in jail.

Medical Marijuana

Congress Moves to Allow VA Physicians to Recommend Medical Marijuana to Veterans. The House and Senate on Thursday approved amendments to the Military Construction and Veterans Affairs appropriations bill that should ease access to medical marijuana for veterans suffering from Post-Traumatic Stress Disorder (PTSD), serious wounds, and other debilitating conditions. The measure would bar the spending of federal funds to enforce a Veterans Health Administration policy that prohibits VA physicians from recommending medical marijuana, even in states where it is legal. Once the measure becomes law, VA docs would no longer face penalties for discussing medical marijuana with patients or for providing recommendations for patients to participate in state-legal medical marijuana programs.The House and Senate versions of the appropriations bill have to be reconciled by a conference committee and passed again by both chambers. The medical marijuana amendments passed 233-189 in the House and 89-8 in the Senate.

Louisiana Governor Signs CBD Cannabis Oil Bill. Gov. John Bel Edwards (D) Wednesday signed into law Senate Bill 271, which expands the state's existing cannabis oil program and expands the number of qualifying conditions. The bill also includes provisions for manufacturing cannabis oil in the state. Under the old law, there was no legal means of obtaining cannabis oil in Louisiana.

DEA Raids Montana's Largest Dispensary. The DEA, assisted by local law enforcement, has raided Montana Buds, the state's largest dispensary. Witnesses reported agents removing items from the dispensary. One woman was seen sitting hand-cuffed in front of the building. Agents had no comment other than to say that "this is now a federal investigation." The state Supreme Court ruled in February that dispensaries were illegal, but that ruling doesn't take effect until August. Earlier this week, state medical marijuana interests asked the US Supreme Court to overturn the state Supreme Court ruling.

Asset Forfeiture

Federal Bill to Reform Civil Asset Forfeiture Introduced. A bipartisan group of legislators Thursday introduced the Due Process Act, which would require that authorities in civil asset forfeiture cases prove there was "a substantial connection" between the property being seized and any criminal activity. Under current federal law, the burden of proof is on the owners of asset to show they are not derived from crime. The bill has not yet been assigned a number.

Harm Reduction

DC Expands Opioid Overdose Reversal Drug Access. The DC Department of Health has launched a pilot program to expand access to naloxone (Narcan), the overdose reversal drug. Previously, the drug had only been available at a single location in the city, but under the new plan, the drug will be available at two more locations, and harm reductionists will be handing them out at various other locations.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays 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.)

Frustrated Marijuana Legalizers Head for the White House

This article was produced in collaboration with AlterNet and first appeared here.

A demonstration headed by the DC Cannabis Campaign and Weed for Warriors is set for the White House Friday after the Obama administration failed to respond to the groups' requests for "higher level consultations" following an initial meeting with White House staffers last month.

Headed by longtime DC political gadfly Adam Eidinger, the DC Cannabis Campaign is the group behind the District's successful 2014 marijuana legalization initiative. The campaign's White House demonstration last month led to that initial meeting and to the campaign's call for further meetings.

Weed for Warriors is a group dedicated to working with the Veterans Administration to ensure that vets "have the freedom to use medical marijuana as a recognized medical alternative to harmful psychiatric drugs."

Organizers are saying the event won't be a smoke-in, but it will come close. "This will be an unpermitted event with mass cannabis consumption and escalated civil disobedience," demonstration promotional materials say.

"Support veterans risking arrest!" the groups say. "They will lead a mass die-in calling for an end to the war on drugs."

The groups are calling on the Obama administration to deschedule -- not reschedule -- marijuana before the president leaves office in January. But they are also clear that the ultimate goal is ending prohibition.

"You should understand our protests are not just for medical research into cannabis, but ending cannabis prohibition once and for all," the DC Cannabis Campaign said in its letter to the White House earlier this month. "You have the opportunity to heal the national wound of unjust cannabis policies that have always targeted minorities, hurt patients and corrupted policing in America for nearly 80 years."

The date, May 20, is no accident. It's the birthday of arch-prohibitionist Harry J. Anslinger, who, as head of the Federal Bureau of Narcotics for decades in the mid-20th Century, was a founding father of the modern war on drugs. The protestors note that Anslinger built support for pot prohibition by resorting to racist and xenophobic justifications, as Anslinger's own words make clear:

"There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos, and entertainers. Their Satanic music, jazz, and swing, result from marijuana use. This marijuana causes white women to seek sexual relations with Negroes, entertainers, and any others."

"… the primary reason to outlaw marijuana is its effect on the degenerate races."

"Marijuana is an addictive drug which produces in its users insanity, criminality, and death."

"Reefer makes darkies think they're as good as white men."

"Marijuana leads to pacifism and communist brainwashing."

"You smoke a joint and youre likely to kill your brother."

"Marijuana is the most violence-causing drug in the history of mankind."

The bigotry and racism behind Anslinger's attack on marijuana have remained embedded in prohibition, with black people being arrested at a rate nearly four times that of whites. And five million people have been arrested on marijuana charges since President Obama has been in office -- nearly 90% of them for simple possession.

"Given the compelling and staggering facts as to why these failed cannabis policies harm Americans, we are sure you can understand why we cannot tolerate your inaction on these important issues any longer," the groups said in their letter to the White House. "We simply cannot stand on the sidelines and watch while everyday more Americans are harmed by what is clearly racist and unconstitutional failed drug policies. This is why we are requesting a formal response regarding the above from your administration before May 20th."

That formal response didn't happen, so Friday's demonstration at the White House is happening.

This Week's Corrupt Cops Stories

A sticky-fingered Wisconsin cop gets nailed, a truth-challenged Washington state cop gets canned, and more. Let's get to it:

In Vancouver, Washington, a Vancouver police officer was fired last week for lying about an affair he carried on with a woman and for smoking and distributing marijuana. Leonard Gabriel, a 12-year veteran, lied when confronted about the affair, violating departmental policy, smoked cannabis oil, and provided marijuana to at least three people. While pot is legal in Washington state, it remains illegal under federal law. Vancouver police are required to obey all state and federal laws.

In Madison, Wisconsin, a former Madison police officer pleaded guilty Monday to stealing nearly $4,000 in what he thought was a drug bust, but was in reality a sting. Andrew Pullman, 31, went down after authorities got a tip that he might be planning a robbery. An undercover agent posing as an informant then told Pullman she was mad at her boyfriend dealing drugs and there might be money and cocaine in the car. Pullman went for the bait, stole the money, and was arrested. He's looking at up to 10 years in prison when sentenced in August.

In New London, Connecticut, a former Ansonia police officer was sentenced last Wednesday to probation for stealing drugs from the evidence room. Matt Macero, a 15-year veteran, admitted to stealing an Oxycontin pill from the department in one incident and to falsely telling his superiors he had been exposed to cocaine during an investigation and as a result he would test positive. He copped to one count of fourth degree larceny, one count of making a false statement to police, and one count of falsely reporting an incident.

Chronicle AM: MD MedMJ Delay, Ohio's Bad "Good Samaritan" Bill, No RI Referendum, More... (5/17/16)

Another New England legislature fails to act on pot legalization, Maryland's long-awaited medical marijuana program is again delayed, Wisconsin's GOP attorney general wants all employers to drug test their workers, and more.

No medical marijuana for Maryland patients for at least another year. (flickr.com)
Marijuana Policy

Chances Fade for Rhode Island Referendum on Pot Policy. For six years, marijuana legalization bills have failed to even get a vote in the legislature. This year is no exception. There has been some talk of a non-binding referendum to plumb public sentiment on the issue, but it now looks like even that is going nowhere. "A referendum on this year's ballot is unlikely," House Speaker Nicholas Mattiello told The Providence Journal in an email Monday. "I am keeping an open mind on the issue and will continue to analyze it over the summer and fall."

Medical Marijuana

Maryland Medical Cannabis Commission Announces Continuing Delays in Implementing Program. The commission, which is charged with establishing the state's medical marijuana program, announced Tuesday yet another delay in getting the program up and running. The state approved medical marijuana more than two years ago, in April 2014, making this one of the slowest roll-outs yet. The commission now says patients probably won't have access to medical marijuana until the late summer of 2017.

Drug Testing

Wisconsin Attorney General Wants Every Workplace to Test for Prescription Drugs. Attorney General Brad Schimel (R), championing his Dose of Reality program aimed a prescription opioid use, has called on all employers in the state to institute drug testing programs. "We have 163,000 in Wisconsin abusing opiates in some manner. We need to get them help," Schimel said.

Heroin and Prescription Opioids

Ohio Legislature Considers 911 "Bad" Samaritan Law That Could Increase Overdose Deaths. As early as Wednesday, the Ohio Senate could consider a bill, House Bill 110, that was originally designed to save lives but has been amended so badly it could do more harm than good. The original bill was modeled after laws in more than 30 states known as 911 Good Samaritan laws that provide people who call 911 to report drug overdose immunity from arrest for drug possession. The Ohio bill, which some are calling a 911 "Bad" Samaritan law, was amended in committee in ways that would make people less likely to call 911; health experts warn people could die as a result. The bill would limit the number of times people could get immunity from prosecution for reporting an overdose and it requires medical providers to give patient information to police.

Law Enforcement

Texas Trucking Company Owner Asks Supreme Court to Hear Case Against DEA. The owner of trucking company whose semi was used without permission by DEA agents in a failed Zetas sting that left the driver dead wants the US Supreme Court to take up his case. Craig Patty, the owner, had filed a $6.4 million lawsuit for damages in the 2011 incident, which led to a wild shoot-out in northwest Houston. A New Orleans-based appeals court throw out his case in March; now, Patty wants it reinstated. A Patty employee working as a DEA informer took the truck to the Mexican border, then drove a load of Zetas marijuana to Houston, where DEA and local police would swoop in and make arrests, but the truck was attacked before the bust could go down.

Chronicle AM: Racial Disparities in CO Pot Arrests Persist, NH Decriminalization Moves, More... (5/11/16)

A new poll has good news for Florida's medical marijuana initiative, pot decriminalization is one Senate vote away in New Hampshire, and more. 

Marijuana Policy

Colorado Racial Disparities in Teen Marijuana Arrests Worsen After Legalization.  Teen marijuana arrests actually increased after legalization in Colorado, and so did racial disparities among those arrested, according to a new state report.  White juvenile arrests dropped by 8%, while Latino arrests increased by 29% and black arrests increased by 58%. Among adults, marijuana arrests have decreased by nearly half, but racial disparities among those arrested grew slightly worse. In 2012, black people got busted at a rate almost double that of whites; in 2014, the rate was almost triple.

Florida Poll Has Majority Support for Legalization, Overwhelming Support for Medical Marijuana. A new Quinnipiac University poll has support for pot legalization at 56% and support for medical marijuana at 80%. Legalization isn't on the immediate horizon in the Sunshine State, but a medical marijuana initiative will be on the November ballot. A similar initiative was defeated in 2012 with 58% of the vote; it needed 60% to win because it was a constitutional amendment.

New Hampshire House Passes Decriminalization Bill. The House Wednesday voted 289-58 to approve Senate Bill 498, which was amended in committee to include provisions that would decriminalize the possession of up to a quarter ounce of marijuana.  The bill now goes back to the Senate for approval. 

International

Myanmar Opium Farmers Call for End to Eradication Until Alternatives are Found. The 4th Annual Myanmar Opium Farmers' Forum ended Monday with a call for recognition of the struggles of poppy farmers and no crop eradication without alternative development programs in place: "We grow opium because we are poor and do not have other livelihood opportunities to feed our families and send our children to school, as well as for medicinal and traditional uses. We are not involved in the drug trade, we are not criminals, and we are not commercial farmers. Some of us also grow it for traditional and medicinal uses. It is important to differentiate between small-holder farmers like us, and those people who grow opium commercially and/or who invest in it," the farmers said.  "The government should not carry out any force eradication of our opium fields unless and until they have provided access to sustainable crop substitution programmes and alternative livelihoods to our communities. Eradication should especially not take place during the harvest season. By that time we have already invested a lot and also cannot grow another crop anymore that season." Myanmar is the world's second leading producer of opium, behind Afghanistan. 

This Week's Corrupt Cops Stories

A Georgia cop gets nailed for running with the Gangster Disciples, a New Jersey cop gets busted for peddling pot, an Indiana cop gets popped for peddling pills, and more. Let's get to it:

In Atlanta, a former DeKalb County sheriff's deputy was arrested last Wednesday as part of a mass indictment of Gangster Disciples gang members. Deputy Vancito Gumbs is accused of tipping off gang members to police activity, including an October raid on a bar he knew a gang member frequented. The 48 people indicted are charged with a variety of offenses including murder, drug trafficking, extortion, and fraud.  Gumbs resigned from the department in October after he was reported to be using drugs.

In Linden, New Jersey, a Linden police sergeant was arrested last Thursday on charges he was peddling pot. Officer William Turbett III, 30, is charged with fourth-degree distribution of marijuana, as well as pot possession.  Turbett had already been suspended without pay for an unrelated matter. He's now looking at up to 18 months in prison.

In York, Pennsylvania, a York County sheriff's deputy was arrested last Friday on charges he stole drug money from the departmental evidence room. Sgt. Troy Senft is accused of pilfering $760. He is charged with theft, destroying evidence, tampering with evidence, obstruction, and receiving stolen property. He is out on his own recognizance.  The cash was set to be seized, but Senft seized it for himself.

In Indianapolis, a former Anderson police officer pleaded guilty last Wednesday to federal drug possession and distribution charges. Donald Jordan, 52, went down after a confidential informant told police he Jordan had approached him to sell marijuana, then provided him with hydrocodone tablets. That sparked an audit of the department evidence room, where pills and $5,000 in cash turned up missing. He copped to one count of possession with intent to distribute and to distribute Xanax, a Schedule IV controlled substance and one count of distribution and intent to distribute hydrocodone. He's looking at up to 15 years in federal prison. 

This Week's Corrupt Cops Stories

Two cops get their hands slapped for stealing the drug evidence and a former NYPD officer goes down for slinging Oxycontin. Let's get to it:

In Reynoldsburg, Ohio, a former Reynoldsburg police lieutenant pleaded guilty last Thursday to stealing drugs and cash from the departmental evidence room. Shane Mauger was accused of stealing at least $150,000 in cash and property and of filing false search warrant affidavits in order to go on drug raids, which he used as an opportunity to steal cash and property. Mauger agreed to cop to conspiracy to deprive persons of civil rights and federal program theft.

In New York City, a former NYPD officer pleaded guilty Tuesday to supplying Oxycontin to a Long Island drug dealer. Andre Clarke, 37, a 20-year veteran, went down weeks after the dealer was caught hiding the pills in bags of Skittles that he mailed to his infant niece. Clarke copped to one count of drug conspiracy and is looking at up to 20 years in prison when sentenced.

In Colchester, Connecticut, a former Colchester police officer was sentenced Monday to four years in prison for stealing drugs and a gun from the police evidence locker. Tyler Kinney stole drugs to feed his own drug habit, prosecutors said. His thefts forced prosecutors to drop some 30 drug cases. The exact charge on which he was convicted was not specified.

Video Killed the Drug Conviction: Chicago Narcs Busted Lying Through Their Teeth [FEATURE]

Part 10 of an occasional series on police and prosecutorial misconduct by Clarence Walker, cwalkerinvestigate@gmail.com.

It was just another marijuana bust by Chicago's crack dope squad and should have resulted in an easy conviction, but thanks to a forgotten camera, things didn't exactly work out the way the cops planned. Now, the pot dealer is free, he has a bunch of cash in pocket, and it's the cops who are facing justice.

It went down on June 6, 2013, when three Chicago Police narcotics officer and a pair of suburban Glenview police officers pulled over Joseph Sperling on the pretext that he had failed to properly use his turn signal, then claimed Sperling told them there were drugs in his vehicle. The cops said they found marijuana in plain view and arrested Sperling on marijuana possession and distribution charges. Business as usual, so far.

But when it came time to go to court the following March, things went south for the cops. Prosecutors had been questioning Chicago PD narcotics officer William Pruente, who said in sworn testimony that when police pulled over Sperling they immediately smelled marijuana and ordered him to exit the vehicle and stand at the rear of the car.

Then, defense attorney Steven Goldman asked the veteran narc if Sperling was handcuffed after he got out of the car.

"No, he was not handcuffed," Pruente replied. "He was not under arrest at that time."

Chicago narcotic officers Sergeant James Padar and Vince Morgan and Glenview Police officers James Horn and Sergeant Theresa Urbanowski backed up Pruente's story.

Then, as Urbanowski was testifying, defense attorney Goldman dropped a bombshell. He interrupted the testimony to inform Judge Catherine Haberkorn that he needed to offer a videotape into evidence.

In a moment of courtroom drama like something out of "Law and Order," Goldman revealed that the video came from Urbanowski's police cruiser and that it flatly contradicted the sworn testimony of the police officers. The police had been lying to the court and to the judge and the video would prove it, Goldman said.

As Goldman patiently took Urbanowski back over the events she'd testified about, he played the recording and asked her to describe the difference between her original testimony and what was happening on the tape.

The footage contradicted the testimony of the police officers. Pruente had testified that Sperling had not been arrested or handcuffed until the cops had found the dope in plain view, but the video showed Pruente walking up to Sperling's car, reaching in the open window, unlocking the door, pulling Sperling out, handcuffing him, and placing him in the back seat of a patrol car. Only then did the officers move to search the car.

The video clearly showed the officers spending minutes thoroughly searching Sperling's car before finding weed and a small amount of psychedelic mushrooms in a black duffel bag.

As defense attorney Goldman noted during questioning, if the drugs had really been in plain view on the front seat of the vehicle, the officers had no need or reason to search it because they already had the drugs.

The brazen distance between the officers' testimony and what the video revealed infuriated Judge Haberkorn, who immediately granted Goldman's motion to suppress the evidence because the video showed police had neither probable cause to arrest Sperling nor a warrant to search his vehicle.

"This is very outrageous conduct," Haberkorn said from the bench. "All the officers lied on the stand today. All their testimony is a lie. There is strong evidence it was a conspiracy to lie in this case, for everyone to come up with the same lie."

Haberkorn then dismissed the criminal charges against Sperling.

"If this could happen to me, it could happen to anyone," said Sperling, then 23, during a press conference with reporters after the release of his videotaped arrest. "I just happen to be one of the lucky few that had a video that proved the officers were wrong."

The Cook County criminal justice system may have been done with Sperling, but he wasn't done with it. Shortly after the charges were dismissed, he filed a federal civil rights lawsuit alleging illegal search and seizure against the Chicago and Glenview police departments. And he won. The two cities involved settled the suit, paying Sperling $195,000 for his troubles.

Others who have been similarly victimized could do the same. Under the US Code Section 1983, citizens are allowed to sue police in federal court as a result of an illegal search and arrest if the officer acted with malice "under color of law."

In Sperling's case, attorney John Loevy argued in the lawsuit that there was insufficient legal justification for officers to stop and arrest Sperling and search his vehicle, which was done without probable cause. Those illegal actions violated Sperling's civil rights under the Fourth, Fifth, and Fourteenth amendments, as prescribed under Section 18 US Code 242. The argument was strong enough to force the cities to settle.

Cook County State's Attorney Anita Alvarez (twitter.com)
Former Houston Police homicide and narcotic gang investigator Rick Moreno told Drug War Chronicle the officers lied to protect an informant when they could simply have gone by the book and done their bust right.

"Once those officers had all the information about this guy having dope in his car they needed a warrant," Moreno explained.

But the narcs plotted a scheme disguised as a routine traffic stop to avoid having to obtain one.

"What they've done in this case was a 'wall off' technique." Moreno said, referring to a strategy most narcotic officers use to put a wall between the officer and the information provided by a snitch. And if everything goes as planned, the officer gets the dope without a warrant, they got the dope dealer and the snitch is protected."

"The biggest casualty in the war on drugs is the truth," said Chicago civil attorney Jon Loevy, who represented Sperling in his civil rights lawsuit.

"The ends justify the means," said criminal defense attorney Goldman, explaining the attitudes that drove the cops to lie on the stand. "So because they get the bad guy off the street or the drugs out of their hands, everybody's happy."

Well, not everybody, not when the lies are so blatant they cannot be ignored. The Cook County criminal justice system wasn't done with the cops caught lying on the witness stand. Sgt. Urbanowski's camera had caught them red-handed, and four of them were indicted by a Cook County grand jury on perjury, obstruction of justice, and official misconduct charges in June 2015. They all face up to five years in prison on each count. The three Chicago police officers were immediately suspended, and the Glenview police officer was later fired. Their trials got underway this week.

"The foundation of our criminal justice system rests on the concept of truthful testimony," said Cook County States' Attorney Anita Alvarez in a press statement announcing the indictments. "We expect it from our witnesses and we demand it from our police officers."

The criminal charges filed against the officers made headlines across the state and constituted another black mark against the much criticized Chicago Police Department. But the buzz around the courthouse was not just over the charges, but whether they would lead to the dismissal of other drug cases in which the charged cops were involved.

Calls to the Cook County prosecutor's office regarding whether the four indicted officers would be investigated for perjury or illegal tactics in previous drug cases have not been returned.

While Sperling won $195,000 in damages from his illegal search and seizure lawsuit, legal experts say such victories are rare. Defendants usually don't pursue such suits due to lack of funds, and if a case involving a bad search is dismissed, most defendants are just relieved the case is over and they no longer face charges, said Penn State University law professor David Rudovsky, a leading civil rights and criminal defense attorney and author of The Law of Arrest, Search, and Seizure.

Penn State law professor David Rudovsky (law.penn.edu)
Rudovsky told Drug War Chronicle there is also another reason such lawsuits are rare.

"Why would a jury award money for damages to a criminal already proven to have committed a crime?" he asked rhetorically.

Police perjury is nothing new -- the practice has even generated its own nickname, "testilying" -- but the Sperling case has renewed debate over why law enforcers resort to breaking the law.

"Police perjury in court to justify illegal dope searches is commonplace," wrote former San Francisco police commissioner Peter Keane in a much-cited article on the topic.

"I've heard some police officers say in a social setting, 'If [the defendant] is going to lie to beat the case, why can't I lie too?" Cook County Public Defender, and former prosecutor Abishi Cunningham Jr. related.

"When police lie to make a case on someone they are saying the criminal justice system doesn't work... so I'm going to do it my way," Houston civil and criminal attorney Annie Briscoe told the Chronicle.

Briscoe recalled a drug case involving police illegal search where police recovered a sizeable amount of drugs from a client of hers. Houston police claimed he resembled a fugitive they were looking for. With her client facing up to life in prison, Briscoe convinced the trial judge to throw out the charge because of illegal search and seizure through the simple expedient of showing the judge a photo of the fugitive, who looked nothing like her client.

While the judge called Briscoe's client "one lucky guy," Briscoe had a slightly different take.

"The law should be enforceable by way of truth," she said.

Police are also incentivized by the war on drugs to cut corners so they can reap monetary rewards, whether through asset forfeiture or by earning federal anti-drug grants through aggressive enforcement actions. And each bust makes their numbers look better.

As NYPD Officer Adil Polanco once revealed through a surfeit of honesty, "Our primary job is not to assist anybody, our primary job is to get those numbers and come back with them. You have to write somebody, arrest somebody, even if the crime is not committed, the number is there."

Yes, there are numerous reasons cops lie. But none of them justify the lying, or the corrosive effect such behavior has on public trust and respect for law enforcement. These Chicago police officers are about to find out just how seriously the system takes such dishonesty, especially when it is so blatant the system can't pretend it doesn't see it.

Chicago, IL
United States

This Week's Corrupt Cops Stories

Another jail guard in trouble, an Ohio narc heads to prison, and so does a veteran Alabama cop. Let's get to it:

In Live Oak, Florida, a county jail guard was arrested last Wednesday on charges he was selling smuggled cigarettes, synthetic cannabinoids, and cellphones to inmates at the Suwannee Correctional Institution. Michael Dale Lindblade, 28, is charged with official misconduct, unlawful compensation, and removal of contraband. At last report, he was being booked into his now former place of employment.

In Akron, Ohio, a former East Cleveland narcotics detective was sentenced last Wednesday to nearly six years in federal prison after he admitted being part of scheme to rip off thousands of dollars from suspected drug dealers. Antonio Malone, 34, is the third former East Cleveland officer to go down in the corruption case in the street crimes unit. The officers conducted illegal searches and falsified search warrants while stealing from suspects. Malone pleaded guilty to one count of conspiracy.

In Huntsville, Alabama, a former Huntsville police officer was sentenced Tuesday to two years in federal prison for bribing a rookie cop to drop drug trafficking charges against an accused dealer. Lewis Bernard Hall went down after the rookie reported the bribe, starting a city and FBI investigation. The rookie also got shorted on the bribe money by Hall and the drug dealer. Hall copped to one count of conspiracy and must report to prison next month.

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