Police Raids

For the second time in as many weeks, DEA agents in Colorado raided a medical marijuana operation last Thursday. Highland Park medical marijuana patient and provider Chris Bartkowiscz had been seen showing off his basement garden Tuesday night in a blurb for an upcoming local news report. On Thursday, the DEA raided him, seizing his plants and growing equipment. Bartkowiscz has been jailed pending a decision from the US Attorney's Office on whether to charge him. That decision could come tomorrow. This despite last October's Department of Justice memorandum instructing federal agencies to lay off medical marijuana in states where it is legal—unless the provider is violating both state and federal law. DEA Denver Special Agent in Charge (SAC) Jeffrey Sweetin apparently didn't get the memo. Either that, or he is blatantly thumbing his nose at his bosses, the American attorney general and president. In a Saturday interview with local TV 9 News, Sweetin said that even though state law allows for medical marijuana, federal law does not. "We will continue to enforce the federal law. That's what we are paid to do," he said. Sweetin said the Justice Department guidelines give him discretion. "Discretion is: I can't send my DEA agents out on 10-plant grows. I'm not interested in that, it's not what we do. We work criminal organizations that are enterprises generating funds by distributing illegal substances," Sweetin said. Sweetin left open the door to go after medical marijuana dispensaries. "Technically, every dispensary in the state is in blatant violation of federal law. The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment," he told the Denver Post. "Technically, every dispensary in the state is in blatant violation of federal law." The October Justice Department memo said the feds should not go after people in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana." The memo said nothing about "large grows" or dispensaries not be included. Denver medical marijuana attorney Robert Corry is waiting to see whether the feds will charge Bartkowiscz. On Saturday, he filed a complaint with the Justice Department against Sweetin and the DEA, saying the raid on Bartkowiscz violated the agency's policy on enforcing drug laws in states that allow medical marijuana. Has Sweetin gone rogue? Or is the Obama administration retreating from the position staked out in the October memo? Stay tuned.

Looks like this is as close as we'll ever get to seeing justice for the family of Tarika Wilson:

LIMA, Ohio — The insurance carrier for the City of Lima has agreed to pay $2.5 million to the family of a woman who was shot and killed by a city police sergeant in January, 2008.
…
Wilson, 26, a biracial woman, was shot to death by Sgt. Joseph Chavalia, who is white, during a drug raid at her south side home. Wilson's 1-year-old son, Sincere, was injured in the gunfire.

The incident led to allegations by some in the African-American community in Lima who charged that the city's mostly white police department targeted blacks. [Toledo Blade]

And it led to a lot of accusations from drug policy reformers that police shoot way too many innocent people in overly-aggressive drug raids. You may recall that this was the case in which the officer claimed that he opened fire on Tarika because he was startled by gunshots downstairs. Those shots were fired by his own fellow officers as they killed the family's dogs. Tarika Wilson literally lost her life because a cop was freaked out by gunfire from another cop. Oh, and her baby daughter also got shot.

Radley Balko has much more.

Medical marijuana patient Will Foster is a free man. According to a phone call I just received from his partner, Susan Mueller, Foster was released on parole and walked out of prison in Oklahoma today. As you who have followed the Will Foster saga know, he became a poster boy for drug war injustice when he was sentenced to a mind-blowing 93 years in prison in Oklahoma back in the 1990s for growing a closet-full of medical marijuana. Thanks in part to the efforts of Stopthedrugwar.org (then known as DRCNet), Foster eventually got his sentence cut to a mere 20 years--for growing plants!--and was eventually paroled to the care of Guru of Ganja Ed Rosenthal in California, who had taken up his case. Last year, Foster was raided and charged with an illegal marijuana grow in California, although his grow was perfectly legal under the state's medical marijuana law. He spent a year in jail in Sonoma County before prosecutors dropped all charges, but by then, Oklahoma parole authorities demanded he return to the state to finish his sentence. Foster dropped his fight against extradition and returned in September. A good sign occurred a few weeks ago, when the parole board decided he had not violated his parole and should be released. This week, Oklahoma Gov. Brad Henry must have agreed--he had the final say in the matter. Right now, Foster is making his way to parole offices in Oklahoma City to sign the paperwork. He should be back with his loved ones in California in a matter of days. Thanks to everyone who agitated for his release. Every once in awhile, we win one.

by Bernd Debusmann, Jr. [Editor's Note: We publish the Mexico Update early this week because Bernd is on his way home for Thanksgving.] 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 5,000 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: Thursday, November 19 In Ciudad Juarez, four policemen were killed and two were wounded in two separate incidents. According to a spokesperson for the state Department of Public Safety, unknown gunmen killed two undercover officers after opening fire on their care. Several hours later, gunmen attacked a police patrol, killing two and wounding two. A gas station attendant caught in the crossfire was also killed. Friday, November 20 In Chicago, 15 alleged members of a “command and control” group of La Familia were indicted by federal authorities. These arrests come a month 300 alleged members of the cartel’s US distribution network in the US were arrested in a nationwide sweep. The group in Chicago had, since at least 2007, been taking orders from unidentified cartel bosses in Mexico collected approximately $20 million. 550 pounds of cocaine and $8 million in cash were seized when the arrests were made. Monday, November 23 The mayor of a wealthy suburb of Monterrey has sent his family outside the country for their protection as he campaigns against organized crime. Mayor Mauricio Fernandez of San Pedro Garza Garcia made headlines last week when he publicly announced the death of a kidnapper hours before his body was found by police. He has also suggested using groups that operate outside of the law to combat crime, and is planning to form his own intelligence network of civilians and police. In Tijuana five men were killed in different incidents. One of the men was found inside a residence with a gunshot wound to the head. In another incident, a man with his hands and feet tied with extension cords was found inside a burning truck. No arrests were made in any of the murders. In Guerrero, at least six people were killed in drug related violence throughout the state. During the same 24 hour period, at least 12 people were killed in Sinaloa, 8 in Ciudad Juarez, and 2 in Chihuahua city. Tuesday, November 24 In the state of Sinaloa, five bodies were found by the side of the Culiacan-Mazatlan highway. Among them was a relative of Jose Carillo Fuentes, who was head of the Juarez Cartel until dying in a botched plastic surgery in 1997. 11 people were killed in Chihuahua, of which 9 were killed in Ciudad Juarez. At least six people were killed in other incidents throughout Mexico. In Matamoros, an an American citizen, Lizbeth Marin died after being wounded by gunfire. Initial reports indicate that she may have been shot when the weapon of a Mexican soldier was accidently discharged as he climbed into a vehicle. Another unidentified American woman of 54 years of age was found dead in a home in Tijuana Monday, bearing signs of blunt injuries and contusions to her neck, head and face. In Colombia, an alleged member of the Sinaloa Cartel was arrested by Colombian intelligence agents in the city of Cali. Carlos Adolfo Garcia Yepes, aka El Chino, was apparently in charge of logistics and coordinating the seaborne traffic of cocaine from Colombia to Mexico, from which it was then smuggled into the United States. Body Count for the Week: 158 Body Count for the Year: 6, 738

The battle over the fate of drug war victim Cory Maye has been fought quietly in court for the last several months, but Radley Balko brings the long-awaited & exciting news that Maye has been granted a new trial.  

For those new to the case, Maye is a young, single father whose home in Prentiss, MS was raided by police in the middle of the night in late 2001. Unaware that the intruders were police and fearing for the safety of his infant daughter, Maye opened fire and killed an officer. As it turned out, the warrant was for the neighboring unit and Maye had nothing illegal, except marijuana ashes. Nevertheless, Maye was convicted of capital murder and sentenced to death. The case has become widely regarded as a classic example of how aggressive drug war police tactics can lead to terrible misunderstandings and injustices.

But it's also become an inspiring illustration of how bloggers and activists can effectively use the internet to fight for justice. Radley Balko's initial coverage of the case at his blog, The Agitator, ignited national interest in Maye's plight. The case drew the attention of an attorney at the prestigious law firm Covington & Burling, which offered to represent Maye pro bono. That changed everything. Maye's death sentence was challenged and overturned. Then, last week, it was announced that Maye will receive a new trial altogether, one in which he will enjoy superb representation and his best chance yet at securing his freedom once and for all.

It's an incredible story that we'll continue to follow as the new trial approaches. For more detailed background on the case, check out Radley Balko's award-winning 2007 report at Reason.

Update: Reason.tv has a good piece on Maye's case as well:

A 9-hour drug raid in Lakeland, FL might not have taken as long if the raiding officers hadn’t spent an hour playing Wii in the suspect's home. Little did they know, there was a hidden camera running the whole time:



I suppose this is pretty amateur stuff when it comes to police misconduct in the war on drugs, but there's still no excuse for it. Too often, we hear police defending the drug war as some sort of grand noble crusade for the salvation of our society. Apparently, for some of these guys, it's more of a personal playground than an epic battle to save our civilization.

Ever since police killed his dogs in an epic – yet typical – episode of botched drug raid debauchery, I've been repeatedly awed by Cheye Calvo's judgment, composure and commitment to justice. He didn't pick this fight, but it's become crystal clear he won't give up until it's finished. So if the arrogant police officials in Prince Georges County, MD think that continuing to stall will spare them any embarrassment or accountability, this Washington Post Op-ed should put their delusions to rest.

I'm not going to block quote this because I hope each of you will read the whole thing in its entirety. It's hard to imagine a more honest and powerful response to police who think the drug war gives them the right to abuse the people they serve.

Mayor Calvo's bravery deserves our applause and continued support. I agree with Radley Balko that he should consider running for a higher office in Maryland. There's no better way to establish accountability than to become the person performing the oversight.

Facing a $5 million budget deficit, the Minneapolis Police Department responded Monday by disbanding its narcotics squad. That makes Minneapolis the only major city in the US without one. Last year, the 14-member narcotics squad investigated nearly 4,000 cases resulting in 519 federal and state charges. Officers seized about $300,000 in drug money, as well as 24 guns and 26 vehicles. Police Chief Tim Dolan said the department still has sufficient resources to handle drug cases. He said community resource teams in the department’s five precincts will handle street-level and mid-level dealing, while the Violent Offender Task Force will work on high-level cases. The department also has officers seconded to an anti-drug task force with state, local, and DEA members, and it has just started a gang unit, he said. "Are we going to be as good as we were before in dealing with drug cases? I don't know," he said. "Their stats speak for themselves." The former head narc, Lt. Marie Przynski, was not happy. "This unit has been highly productive, if not the most productive unit in the Minneapolis Police Department," Przynski said. "I'm disappointed, and so are my officers, about this decision." The 14 former narcs will be reassigned, with three of them joining the Financial Crimes unit, including an asset forfeiture specialist and a specialist in pharmaceutical investigations ranging from forged prescriptions to insurance fraud. Other members of the defunct dope squad will be assigned at least temporarily to street patrols. The department still needs to cut 50 positions to get under budget. It may also reduce the number of deputy chiefs from three to two. Still, Dolan said neither street patrols nor key units, such as homicide, robbery, sex crimes, juvenile, and domestic abuse would be reduced. One city council member, Ralph Remington, suggested that the department could have more money if its members quit misbehaving. Just three weeks ago, the city paid out $495,000 to a man slugged by a Minneapolis police officer during a drug raid last year. That was only the most recent high-profile settlement paid by the city for departmental misbehavior. "The department could save a lot of money if they corrected the bad behavior of a few bad cops," said Remington.

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.

Via Radley Balko, here's another grave tragedy that we can all thank the drug war for making possible. The victim clearly freaked out when police confronted him, but I'm not at all convinced that he understood who they were. They were in plain clothes in an unmarked vehicle jumping out on a guy who'd just drawn money from an ATM. Why would he knowingly try to evade police when he didn’t have anything illegal on him?

It's one more dreadful tragedy that just didn't have to happen. Police pulling guns on harmless people should be a rare event, but it's not. And when it happens, it's almost always the result of some crazy drug investigation with more questions than answers.

When experts like Mark Kleiman say that legalization doesn’t add up, are they factoring events like this into the equation?