Arrests

Daily marijuana legalization protests in the Central Square in Keene, New Hampshire, led to one arrest Saturday for marijuana possession and one Sunday—but the victim in that arrest was later found to be smoking chocolate mint in his glass pipe and released without charges. The demonstrations began last Tuesday with a couple of dozen people gathering at 4:20 p.m. to toke up as an act of civil disobedience and call for marijuana law reform. After Saturday's arrest, the protests continued, with about 100 people showing up Monday. By Tuesday, the protests had spread to Manchester. The protests are being led by Free Keene, a local affiliate of the libertarian New Hampshire Free State Project. The project's stated goal is to persuade 20,000 libertarians to move to New Hampshire in a bid to shift the politics of the low-population Granite State. Arrested Saturday was Richard Paul, 40, one of the protest organizers. Paul was arrested after police patrolling the square saw him smoking a joint. Protestors shouted at police, yelling "Leave him alone!" and "This is how they did it in Nazi Germany!" After the arrest, about 50 protestors followed Paul and police officers to the police station, where they shouted through the door and sat in a circle smoking marijuana. No more arrests were forthcoming, though. To confuse police at the protests at the square, some smokers smoked things other than marijuana. That was the case Sunday, when police arrested a protester identified only as "Earl" for puffing on a glass pipe. Embarrassingly for police, that substance turned out to be not marijuana but chocolate mint, and Earl was quickly released. Protests continued this week in Keene and have now spread to Manchester. In the latter town, protestors sparked up in the presence of police, but failed to provoke any arrests. Perhaps the cops have better things to do. And that's precisely the point.

The FBI has released its preliminary 2008 drug arrest numbers, collected as part of the Uniform Crime Reports program. The report verifies that the nation's police forces -- federal, state, county and local -- continued to pour vast amounts of limited police resources into the ineffective anti-drug effort. Arrested for drug abuse violations (as they call them) numbered 1,702,537 in 2008, out of a total of 14,005,615 non-traffic arrests -- 12.2%, more than one out of eight. This is a slight drop from 2007, when there were about 1.8 million, according to UCR, about 13%. 82% of drug arrests were for possession, and more than half of those were for marijuana. That slight percentage drop in the number of drug arrests means nearly 100,000 people who were spared the drug war shaft, so this is a good thing. The fact that it would drop at all provides some encouragement -- hopefully warranted, though only time will tell about that. Whichever way you look at it, it is a vast number of arrests affecting a vast number of people, and a whole lot of police time that could have been spent more usefully doing almost anything else. The reports points out that drug arrests were more numerous than any other category of offense that UCR tracks. Perhaps because of that, the front page of the arrest section has a useful table categorizing what the arrest types were, for which drugs, and where they took place. I've copied the table below; but you can see the original, and then explore UCR for '08 and many years past, at http://www.fbi.gov/ucr/cius2008/arrests/. Expect a more detailed analysis from Phil, if not in this week's Chronicle then in the next one.

Drug abuse violations		United States total	Northeast	Midwest	South	West
Total1		100.0	100.0	100.0	100.0	100.0
Sale/ Manufacturing:	Total	17.7	22.1	19.3	16.4	16.1
	Heroin or cocaine and their derivatives	7.7	13.4	5.6	7.5	5.8
	Marijuana	5.5	5.9	8.2	4.3	5.4
	Synthetic or manufactured drugs	1.5	1.2	1.2	2.6	0.6
	Other dangerous nonnarcotic drugs	3.0	1.5	4.4	1.9	4.3
Possession:	Total	82.3	77.9	80.7	83.6	83.9
	Heroin or cocaine and their derivatives	20.1	20.7	12.5	21.0	22.3
	Marijuana	44.3	46.5	51.9	50.2	33.2
	Synthetic or manufactured drugs	3.3	2.7	3.8	4.2	2.5
	Other dangerous nonnarcotic drugs	14.6	8.0	12.5	8.2	25.9

 

by Bernd Debusmann, Jr. Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people, with a death toll of over 4,000 so far in 2009. The increasing militarization of the drug war and the arrest of several high- profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war: Friday , September 4 Troops arrested three suspected cartel assassins in Ciudad Juarez. The three are thought to be part of La Linea, the enforcement arm of the Juarez cartel. Between them, they are accused of having participated in 70 killings. A high ranking police official was gunned down in Los Mochis, Sinaloa. The commander, Ubaldo Dominguez Grijalva, was shot by at least two gunmen outside his house at 6:30 AM. Fifteen days ago, he was involved in an operation in which three suspected cartel hitmen were arrested after a firefight in Los Mochis. Saturday , September 5 Mexican troops captured a suspect in the September 2nd killing of 17 patients in Ciudad Juarez drug rehabilitation center. The suspect, Jose Rodolfo Escajeda, is a high-ranking member of the Juarez cartel. He is also on the DEA’s list of most wanted fugitives on suspicion of being involved in marijuana and cocaine trafficking to the United States. A former high ranking official of US Immigrations and Customs Enforcement (ICE) was arrested on suspicion of conspiracy to smuggle cocaine into the US. The man, Richard P. Kramer, had previously been stationed in Mexico. He was apparently convinced by drug cartel members to retire and begin working for them directly. Kramer is accused of information from law enforcement databases concerning possible informants, and with being involved in a 660 pound cocaine shipment which traveled from Panama to the United States, before being finally seized in Spain in 2007. Sunday , September 6 Gunmen killed a state legislative candidate, his wife, and their two children at their home in Tabasco. Authorities originally suspected that the murders were carried out by drug traffickers angered by recent arrests. Jose Francisco Fuentes Esperon, 43, a former university professor, had begun his campaign just one day prior to his murder. Mr.Esperon and his wife were both shot, while the children, ages 8 and 10, were asphyxiated. Monday, September 7 An arrest was made in the killing of Juan Francisco Fuentes Esperon, the state legislative candidate murdered over the weekend (see above). Police arrested several young men in what apparently was a burglary gone wrong. Interestingly, however, the Zetas drug trafficking organization took the unusual step of publicly distancing itself from the murders. The Zetas hung a banner in Villahermosa, the state capital, saying they were not involved. Seven people were gunned down in several separate incidents in Ciudad Juarez. Four of the victims were killed at a motel, and included an ex-US soldier who lived in El Paso and worked for the Postal Service. The men were drinking when they were attacked by heavily armed gunmen. In another incident, a man was killed and five people wounded when gunmen entered a private party and began shooting. Tuesday, September 8 Mexico replaced its attorney general, Eduardo Medina Mora, who had held the position for nine years. President Calderon gave no reason for the move. He is slated to be replaced by Arturo Chavez Chavez, who had previously worked for the state attorney general’s office of Chihuahua, of which Ciudad Juarez is capital. He is likely to face a tough nomination battle in Mexico’s congress, as the decision has been criticized because of his work in Chihuahua. During his tenure there from 1992-1996, the Juarez cartel became much stronger and the murders of hundreds of women went unsolved. In Ciudad Juarez, a body with both arms severed was found dumped on a street. A spokesman for the regional prosecutor’s office said that the victim was found with his severed arms crossed and placed on top of a cardboard sign that was left with the body. Additionally, the victim had plastic bags shoved into his mouth and his eyes were taped shut. On another subject, two journalists from the state of Tabasco were arrested on suspicion of working for the Zetas drug trafficking organization. Newspaper correspondents Roberto Juarez and Lazaro Abreu Tejero Sanchez are accused of taking thousands of dollars from drug traffickers to withhold stories and share information from police sources. Police learned of the payments, which totaled some $4,500 a month, from a captured Zeta lieutenant. Total reported body count for the week: 239 Total reported body count for the year: 4,955

Many of our readers are familiar with the widely-viewed film Busted: The Citizen's Guide to Surviving Police Encounters, produced by the organization Flex Your Rights. The next Flex movie, 10 Rules for Dealing with Police, is set to come out before the end of the year. Filming took place in Baltimore a couple of weeks ago, and it is now in editing. Click here to check out photos; it really is looking pretty nice. narrated by the famous attorney William "Billy" H. Murphy, Jr.

by Bernd Debusmann Jr. Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people, with a death toll of over 4,000 so far in 2009. The increasing militarization of the drug war and the arrest of several high- profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war: Friday, August 21 - The mother and brother of the reputed head of the La Familia drug cartel were arrested by Mexican authorities. This came despite explicit threats on television last month by Servando Gomez, the cartel boss, that any action against his family would bring retaliation. Gomez’s mother, Maria Teresa Martinez, was released two days after her arrest because of a lack of evidence. The brother, Luis Felipe Gomez Martinez, is still being held. -43 Mexicans were indicted by federal courts in Chicago and Brooklyn. The indictments, unsealed Thursday , charge the 43 Mexicans with operating a coast-to-coast distribution network through which drugs and money have flowed for the last 20 years. The three most high profile suspects--Joaquín Guzmán Loera, Ismael Zambada García and Arturo Beltrán Leyva-- are the current and former leaders of the Sinaloa cartel, although Beltran Leyva now operates his own, independent organization. 35 of the 43 suspects remain at large, while the other eight were arrested during the last week in Chicago and Atlanta. Saturday, August 22 -The Mexican government decriminalized small amounts of marijuana, cocaine, heroin and meth. Under the new laws, people are now allowed to have 5 grams of marijuana, 50 mg of heroin, half a gram of cocaine, and 40 mg of meth. Mexican prosecutors believe that the new law will help in the war against drug cartels by allowing federal prosecutors to focus on combating large-scale traffickers and distributors rather than small-time users. This change in policy comes at a time when drug cartels are selling an increasingly large number of drugs domestically. A 2008 government study found that the number of drug addicts in Mexico had almost tripled in the past six years. -In Ciudad Juarez gunmen killed a Mexican army officer and another man in a bowling alley. Gunmen entered the Bol-Bol bowling alley and gunned down Captain Alejandro Aranda and an unidentified companion late on Friday night. Aranda was an administrator of a dining hall in a Ciudad Juarez military facility. Also, in Tijuana, three police officers were wounded when their patrol cars came under fire from suspected cartel gunmen. Monday, August 24 -The Mexican Army announced on Monday that it captured a leading member of the La Familia drug cartel in the Pacific coast city of Manzanillo. Luis Ricardo Magana, also known by the alias “19 1/2” (traffickers frequently use numerical codenames), is alleged to be responsible for the cartels shipments of methamphetamine to the United States. He is one of Mexico’s most wanted fugitives and is also thought to be involved in the planning of retaliatory attacks on federal police agents. Also on Monday, in the state of Sinaloa, a cooler containing four severed heads was found by the side of rural road. The headless bodies were found some 3 miles away. -16 people were killed during a 24-hour period in Ciudad Juarez. Among the victims was a police officer who wanted to resign after having previously received unspecified threats. In a separate incident, a group of heavily armed gunmen shot and killed a 15-year-old boy outside his home. The 16 killed now bring the death toll in Ciudad Juarez for the year over 1,100 killed. Tuesday, August 25 -Another 29 people were killed in drug-related violence across Mexico during a 24-hour period. Among the victims were a police commander and two of his officers in Nayarit who were killed when the car in which they were traveling was attacked by gunmen wielding automatic weapons. In Gomez Palacio, Durango two prison guards were found dead, while, in a separate incident, gunmen attacked a couple. The man died while the woman was left in serious condition. In Nogales, a cooler containing a dismembered human body was left at the entrance to a technical university. Additionally, six individuals were killed in Ciudad Juarez, three bodies were found at a ranch in Sonora, four people were murdered in Guerrero, and parts of nine human bodies were found across Sinaloa. -Recent court documents examined by the Houston Chronicle detail an ultra high-tech communications network employed by a Mexican drug trafficking organization. The federal court documents detail the testimony of Jose Luis Del Toro Estrada, 38, who is alleged to be a cartel communications expert. According to his testimony, his organization uses a string of hand-held radios on a network which stretches from Guatemala to the Mexico-Texas border. His team included an expert who specialized in installing radio towers and antennas, and another who researched new technology. Total reported body count for the last week: 155 Total reported body count for the year: 4,587

A massive DEA operation featuring dozens of heavily armed agents and at least four helicopters ended with the arrests of five people in California's Lake County last week. According to California NORML, the arrests are believed to be the first since the Obama administration announced it would not persecute medical marijuana providers in states where it is legal unless they violated both state and federal law. The DEA seized 154 marijuana plants from Upper Lake resident Tom Carter, and arrested him, former UMCC dispensary operator Scott Feil and his wife, Steven Swanson, and Brett Bassignani. Carter is a registered medical marijuana patient and provider, and his wife, Jamie Ceridono, told the Lake County News he was growing for several patients and his grow was legal under state law. The genesis of the bust appears to lie with an alleged May deal between a DEA informant and Bassignani to purchase marijuana. According to documents filed by Carter's federal defenders late last week, the informant claimed to have arranged to buy marijuana from Carter and to have left a voicemail message for Carter to set up the deal. That same informant allegedly made a deal to buy marijuana from Bassignani. In the document, the federal defenders said prosecutors made no claim that Carter ever heard the phone message the informant allegedly called and that they set out no evidence linking Carter and the informant. "All the complaint says is that another individual, Mr. Bassignani, called the informant, claimed he worked for 'Carter Construction,' and arranged a marijuana deal," Carter's defense attorneys wrote. "The deal later took place, and the only other reference to Mr. Carter is the conclusory claim that the informant 'had agreed on the price with Carter.' No context, no specifics, and no other information is provided in the complaint which indicates that Mr. Carter in fact talked to the informant, arranged a marijuana deal, and indicated that he (Carter) was knowingly involved in a marijuana transaction." Moving that the two felony counts of marijuana trafficking against Carter be dismissed, the attorneys added: "This complaint is sadly deficient with regard to whether Mr. Carter has done anything to indicate that he conspired to break the law. It should be dismissed accordingly." It is unclear why Feil and his wife were arrested. They are neighbors of Carter and his wife. Carter and Feil are being held in Oakland, where they are set to have initial detention hearings today and tomorrow. Federal prosecutors have asked that Carter be held pending trial "on the basis of flight risk and danger to the community." Carter is a long-time resident of Upper Lake, prominent construction contractor, and community benefactor. "California already has enough federal marijuana criminals," said CANORML coordinator Dale Gieringer, "It's time for concrete changes in federal law." While the Obama administration has announced it would no go after law-abiding medical marijuana providers, the DEA has conducted at least two raids against providers in San Francisco and Los Angeles, although there have been no arrests in those cases. The administration has not announced any changes in federal laws or regulations around medical marijuana, and Bush appointees continue to serve in the DEA and the US Attorney's Office of Northern California, which is prosecuting the case.

One of the most pernicious lies in the marijuana debate is that police aren't aggressively working to arrest people for small amounts of pot. They are. Although there are parts of the country where marijuana is a low priority for police, there are also places like New York City, where police have developed finely tuned mechanisms for arresting and convicting as many minor marijuana offenders as humanly possible.

What makes New York City's epic war on marijuana so remarkable is not just the staggering number of arrests (more than any other city on earth), but the despicable methods that are used to achieve that result. First, police must work their way around the fact that 1) possession of small amounts of marijuana is decriminalized in New York and 2) the 4th Amendment forbids searching people against their will without evidence of a crime.

Basically, the program consists of stopping large numbers of people (primarily young black and Hispanic men) for no reason and then saying this:

"We're going to have to search you. If you have anything illegal you should show it to us now. If we find something when we search you, you'll have to spend the night in jail. But if you show us what you have now, maybe we can just give you a ticket. And if it’s nothing but a little weed, maybe we can let you go. So if you’ve got anything you’re not supposed to have, take it out and show it now.”

When police say this, the young people usually take out their small amount of marijuana and hand it over. Their marijuana is now "open to public view." And that – having a bit of pot out and open to be seen – technically makes it a crime, a fingerprintable offense. And for cooperating with the police, the young people are handcuffed and jailed. [Alternet]

Amazingly, you're not actually guilty of a crime until you attempt to cooperate with police. It is literally the act of showing them your stash that is a violation of the law and everything they say up until that point is designed to trick you into doing that. As is so often the case, policing in the war on drugs consists of tricking people into breaking the law so that the law can then be enforced.

Don't let anybody tell you we're not waging a war on marijuana users in America. That's exactly what we're doing and that's why marijuana policy reform has nothing do with people wanting to get high. This is about justice, human rights, and common sense. To jettison these principles because of marijuana is an act of unfathomable lunacy.

Just remember, the drug war is here to protect potential drug users from danger:



The poor man died on the scene with a broken bone in his throat and according to Chief Deputy Ard of the Livingston Parish Sheriff's Office, "there's no regret" about what happened. Check out Ryan Grim's chilling interview at the Huffington Post, in which Ard rambles in defense of using these sorts of tactics in the war on drugs.

Inevitably, when police are done investigating their own actions, it will be determined that everyone followed procedure. And that may very well be the case, because police are generally encouraged to choke the hell out of anyone who they suspect of attempting to swallow drug evidence.

The larger question -- and the one no police investigation would dare attempt to address – is whether a rational and humane drug policy would produce outcomes like this. How many among us can watch police literally squeeze the life out of this frightened man and say that justice has been served? How many among us would call that a fair sentence for the crime of possessing and attempting to conceal a small bag of drugs?

The police say they released this footage because they believe it vindicates the officers involved. Yet, in the process, they've indicted the very foundations of the war on drugs itself. Once again, we may watch with our own eyes as our drug laws destroy everything they were supposed to protect.

I wrote about the Will Foster case in the Chronicle last week. Here's a brief summary: Foster had a small medical marijuana garden in Tulsa that was raided in 2005. Two years later, he was sentenced to an insane 93 YEARS in prison. Only after a publicity campaign in which DRCNet played a vital role was he resentenced to merely 20 years, and after being twice denied parole, he was paroled to California. Although Oklahoma thought Foster should be on parole until 2011, California decided he didn't need any more state supervision and released him from parole after three years. That wasn't punitive enough for Oklahoma. Although Foster had left the Bible Belt state behind with no intention of ever returning, Oklahoma parole officials issued a parole violation warrant for his extradition to serve out the remainder of his sentence. When Foster had to show ID in a police encounter, the warrant popped up, and he was jailed. Desperate, Foster filed a writ of habeas corpus and won! A California judge ruled the warrant invalid, and Foster was a free man again. But not for long. It's thirst for vengeance still unslaked, the state of Oklahoma issued yet another parole violation warrant for Foster's extradition because he refused to agree to an extension of his parole to 2015--four years past the original Oklahoma parole date. Then he got raided in California, thanks to bad information from an informant with an axe to grind. Foster had a legal medical marijuana grow, but it took a hard-headed Sonoma County prosecutor more than a year to drop charges, and Foster has been jailed the whole time. Now that the charges have been dropped, Foster still isn't free because Oklahoma still wants him back. Extradition warrants have been signed by the governors of both states, and he was days away from being extradited in shackles when he filed a new habeas writ this week. Filing the writ will stop him from being sent back to Oklahoma, but it also means he's stuck in jail for the foreseeable future. The writ is a legal strategy; his real best hope is to get one of those governors to rescind the extradition order. You can help. Click on this link to find out how to write the governors. I think a campaign of letters to the editor of Oklahoma papers might help, too. Those letters might ask why Oklahoma wants to continue to spend valuable tax dollars to persecute a harmless man whose only crime was to try to get some relief for his ailments--and who has no intention of ever returning there. ...So, anyway, I went to see Will at the Sonoma County Jail Saturday night. But I didn't get in. The steel-toes in my footwear set off the metal detector, and I quickly found out such apparel was a security risk. Who knew? I'll go back later this week. I guess I'll wear sandals. In the meantime, there are letters waiting to be written. Keyboard commandos, saddle up!

Law enforcement likes to argue that it needs to resort to heavy-handed tactics such as SWAT-style raids and no-knock warrants because drug law enforcement is just so darned dangerous. You know the spiel: "We're outgunned and up against crazed drug dealers, so we need to come on like gangbusters for our own safety." But I'm in the process of reviewing police deaths in the drug war since the beginning of 2008 for a Chronicle article that will appear Friday, and so far, I've only found two officers who were killed in drug raids during this time. I'm using the Officer Down Memorial Page and the National Law Enforcement Memorial data bases and I still have to dig a little deeper into the numbers and the discrepancies between the two, but so far, it doesn't appear that enforcing the nation's drug laws is that dangerous for police. For civilians, it is perhaps a different story. Nobody's keeping a data base of citizens killed by the police, let alone those killed by police enforcing the drug laws, although I have a few ideas on where to come up with some figures, or at least some especially horrendous cases. I'll be looking into that, as well. I'll be talking to as many cops, criminologists, and other interested parties as I can, but at this point, it seems that it is going to be hard to justify the overwhelming use of force typical of police drug raids. As much as they would like to think they are, cops are not US military Special Forces units, and drug law violators are not terrorist fugitives. Look for the story on Friday.