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Some Items of Interest

A Canadian man has been acquitted after killing a police officer whom he mistook for a burglar during a botched drug raid. Looks like the right verdict was reached for the right reasons. Meanwhile, here in the states, Cory Maye sits in prison and Ryan Frederick awaits a capital murder trail for doing essentially the same thing under the same circumstances.
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Speaking of Ryan Frederick, new evidence points towards a cover up by police. A bullet hole was found in his home and "primer residue" was found on the hands of the officers who conducted the botched raid on his home. Looks like they've been lying about not firing a weapon during the raid. This new evidence casts further doubt on the prosecution's theory that Frederick fired on police while they were still in his front yard. Bottom line, Ryan Frederick wasn't growing marijuana. He'd been burglarized days before. When he fired on the intruders, he thought he was defending his home. This whole murder trial is a sham and the more we learn, the clearer that fact becomes.
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John Stossel says Legalize Every Drug in The New York Sun. It's nice to see someone in the mainstream media who gets the issue – the whole damn thing – not just bits and pieces. Of course, anyone familiar with Stossel knows that he's been on the right page about this for a long time.
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Paul Armentano at NORML is really super exhausted from spending the whole week debunking the potent pot propaganda parade, but he summoned the energy to produce a final post on the topic. Paul calls our attention to a disgraceful CNN report falsely crediting increased potency for increased marijuana treatment, as though skyrocketing marijuana arrests and subsequent treatment referrals had nothing to do with that.
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Pete Guither has a thorough account of Senator Jim Webb's hearing this morning on the economic impact of the war on drugs. It was an important event that I was unfortunately unable to attend. I don’t think Pete was there either because he lives in Illinois, but he's got the story, so that's awesome and you guys should go read about it. This post about drug free zones is good too.

In The Trenches

The Sentencing Project: Crack the Disparity Newsletter Vol. 1, No. 1

Crack the Disparity Logo

CRACK THE DISPARITY NEWSLETTER

Volume 1, No. 1
Summer 2008
In This Issue
The Struggle Continues
Legislative Update
Grassroots Agenda
A Theological Basis for Ending the Sentencing Disparity
Save the Date
Media Momentum


Feature Story:


Baseball Legend Willie Mays Aikens Released Under Retroactivity Amendment

By Zerline Jennings

Aikens


Willie Mays Aikens, former first baseman for the Kansas City Royals, made baseball history when he became the first player to have a pair of two-homer games in the 1980 World Series. Years later he made another kind of history when a longstanding addiction to cocaine ended his baseball career and ultimately led to a nearly 21-year sentence for selling crack cocaine to an undercover officer. Finally, in 2008, he again made headlines when a federal judge reduced his lengthy prison term to 14 years as a result of the U.S. Sentencing Commission's recent adjustment to the crack cocaine sentencing guidelines. Aikens was released in June.

"They used my case as an example to show that crack sentencing was cruel and unusual punishment," said Aikens in an interview with WHNS-TV in South Carolina. "I'm glad that after spending 14 years in prison, something good came out of this."

Sentencing reform advocates utilized Aikens' story to illustrate the unjust sentencing and racial disparities between crack and powder cocaine. After being convicted of attempting to purchase cocaine in 1983, his addiction eventually led to his suspension from major league baseball. He returned to Kansas City, after playing ball in Mexico, but continued to battle his addiction, which was quickly ruining his personal life as it had done his baseball career.

Kansas City authorities were aware of Aikens' involvement with drugs. In December 1993, a female undercover officer established a friendship with Aikens and subsequently asked him to obtain crack cocaine for her on several occasions. On at least one occasion, the undercover officer specifically asked him to cook powder cocaine into crack cocaine.

Entrapment and Mandatory Minimums

With this evidence, the U.S. Attorney's office charged Aikens with multiple counts of trafficking crack cocaine. Because of harsher sentencing penalties for using and dealing crack, his sentence for selling 2.2 ounces of crack cocaine was treated as though equivalent to selling 15 pounds of powder cocaine.

Click here to read more.
Crack the Disparity Logo
  
Editor's Note:

Welcome to the inaugural edition of the Crack the Disparity Coalition's quarterly e-newsletter. We unveil this publication on an important day, the 22nd anniversary of Len Bias' death - a young man at the apex of a promising basketball career, whose drug overdose fueled the passage of the harsh sentencing law this coalition seeks to change.
This newsletter is designed to maintain the momentum that is propelling reform by keeping advocates updated on news and events related to eliminating the crack cocaine disparity. This newsletter can also be accessed at www.crackthedisparity.com where additional advocacy resources and information can be found.
 
Crack Cocaine Reform - The Struggle Continues
Struggle By Nkechi Taifa, Esq.

In 1994, the U.S. Sentencing Commission issued a call for public comment on laws creating a differential in sentencing between crack and powder cocaine offenses. The federal law, passed after the cocaine-induced death of basketball star Len Bias, requires a mandatory minimum five year sentence for a first time offender's simple possession of five grams of crack cocaine. It takes trafficking in 100 times as much powder cocaine - 500 grams - to trigger the same five year sentence. This has come to be known as the 100:1 quantity disparity between crack and powder cocaine. Click here to read more.
Crack Cocaine Legislative Update
By Kara Gotsch

Since the judiciary subcommittees on crime in the U.S. House and Senate held hearings on crack cocaine sentencing reform in February, legislative momentum has slowed in Congress. Even with a total of seven reform bills pending, no committee has held a vote on the bills and none are currently planned. Now is the time to remind Congress that their constituents demand a fairer sentencing structure that eliminates the quantity disparity between crack and powder cocaine and limits the excessive penalties for low-level drug offenses. Public pressure is essential to garner Congress's support for reform and move legislation along. Click here to read more.
Grassroots Agenda: June, July, August
By Calli Schiller

As Congress prepares to adjourn for the July 4th and August recesses, now is an excellent time for you to plan grassroots activities centered in the legislators' home-districts. While some Members of Congress (MOC) use these recesses to vacation with their families, many legislators are working in their district offices. This presents an excellent opportunity for in-district meetings, town-hall meetings and site visits. Click here to read more.
A Theological Basis for Ending the Sentencing Disparity
FaithBy Bill Mefford

The Faith in Action Criminal Justice Reform Working Group, which I co-lead, is made up of faith organizations from across the religious and political spectrums. Groups came together to help achieve passage of the Second Chance Act -- a bill providing assistance for prisoners' reentry -- and we found a number of other issues on which we share values. Our goal is to bring crucial reforms to the criminal justice system and we have identified the current crack and powder cocaine sentencing disparity as grossly unjust and in long overdue need of change.

With 2.3 million people currently incarcerated in the United States, and the numbers only climbing, communities are not safer and the flow of drugs into our communities has not been curbed. Long mandatory minimum sentences deny both judicial discretion as well as necessary treatment for those who suffer from addiction as the root cause of their criminal behavior. Click here to read more.
Save the Date
Media Attention
 

The Crack the Disparity Coalition includes the American Bar Association,
American Civil Liberties Union,
Break the Chains, Drug Policy Alliance,
National Association for the Advancement of Colored People,
National Association of Criminal Defense Lawyers,
Open Society Policy Center, Restoring Dignity, Inc.,
Students for Sensible Drug Policy,
The Sentencing Project, and
United Methodist Church, General Board of Church and Society.
 
In The Trenches

Prisons Foundation: Reactions to the arrest of our director at public hearing

Yesterday we sent an email letting people know that our Director, Dennis Sobin, had been arrested at a public hearing at city hall in Washington, DC and we asked for your help to prevent a repetition of this grave injustice. Here are some of the many responses we received in the past 24 hours. Note: Below appear a small sampling of the email responses we received, without any changes except to conceal the names of the senders. Their names and contact information will be provided only to members of the press who wish to contact them for interviews and obtain their permission to publish their names. (Already, Washington City Paper has interviewed our director.) We also received a large number of positive phone calls. At the bottom of this page appears the original email we sent with details of the arrest, along with the telephone numbers of Washington city officials who can correct this injustice. As per request, we hereby provide the email addresses for those officials: Adrian Fenty, Mayor [email protected] (Mayor) 202-724-8876 [email protected] (Mayor's advisor) Vincent Gray, City Council Chairperson [email protected] (chief of staff) 202-724-8032 Jack Evans, City Councilmember [email protected] 202-724-8023 Phil Mendelson, Chair of Judciary Committee [email protected] 202-724-8064 ***************************************************************** Below are some of the emails we just received: ***************************************************************** I called everyone on the list. Spoke to Heidi at Mr. Mendelson's office (they said they were "aware but not getting involved") and I reminded her that a larger issue is up in the air here, and that is the right of citizens to have a free and open forum in public buildings (especially when invited!). I told her as a resident of the District I was "shocked" that legal guidelines could be manipulated at CITY HALL of all places to silence an invited guest. Everyone else I left messages for.... if we can get a couple dozen people making these calls it might be enough to generate some buzz, which sometimes translates into support. I'll wait and see if Fenty or anyone else calls me back - but at least the message is getting out! ****************************************************************** hi dennis i got the email this morning about your arrest... holy smoke! i'm so sorry to hear about the bad blood between you and your son, whatever it is (i don't need to know), but i want you to know that i made three phone calls this morning, and also to let you know that i was told that others were calling as well. you're doing great work and for the best reasons, and no doubt there will be many other roadblocks and attempts at deterrents along the way, but that's the way it is with god's work. a pastor of mine once likened the phenomena to those beautiful stones and sea glass that find at the beach... they got that way by being tumbled around in the sand and waves. *********************************************** Hello: I called the 202-724-8023 number listed below and got transferred 4 times before finally talking to someone named HEIDI who listened to what I had to say about calling in support of having Darrin transferred so that Dennis can testify at City Hall , to which she simply replied OK and hung up. I do not know what type of response we are expecting to get, but please be sure to let people know that they can be transferred many times and DO NOT GET DISCOURAGED!!! No one will take your name, number or ask any questions. They listen to why you are calling and then transfer you to someone else, to whom you again have to explain why you are calling. BE PATIENT and PERSISTENT! *************************************************** This is an abuse of office by Darrin Sobin. His direct superior, the attorney general, should be pressured to prevent Darrin from taking any such further action. Exactly how the AG does that is not up to Dennis or the PFO staff to determine. If it means Darrin loses his job, so be it. Let the chips fall where they may. He can find employment elsewhere, where he cannot exercise authority that he cannot handle responsibly. Darrin Sobin is a disgrace to the AG, the citizens he supposedly represents, to his father, and his family. Call it like it is. ***************************************************** Wow! I am so shocked to hear this. The prosecutor (his son) has some serious issues. I feel so bad for Dennis and I will make the calls. Any arrest is devastating, but to have your own son do something like this is almost beyond belief. I hope everything works out. Please keep us updated. ****************************************************** We are arranging to have a staff member reach out to each of the officials named in your communication. If there is anything else that we can do to support you, please do not hesitate to let us know. *********************************************************** I'm with you, Dennis (and your Prison Foundation.) We spoke a few times and had planned to meet, but the powers that be prevented this. I spent a total of 30 years in prison, completing a 20-year sentence just recently in Federal Prison, where I was tortured before being released 6/14/2006. Nine guards were removed from duty for what they did to me, however the Buearu of Prisons quietly placed them back on the job six months later, though the investigation is STILL ONGOING. Stay strong, my brother!!!! We are calling the Mayor's office now!!!!!!!!!!!! ********************************************** I am very shocked that such a thing could happen to such a nice person. I'm sorry that my telephoning ability doesn't allow me to make calls. If you decide to send some sort of an e-mail or letter let me know.
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