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Police Corruption

How Many Innocent People Are in Jail on Drug Charges?

It's a question I've often pondered and one that anybody with strong opinions about drug policy should consider, regardless of where you stand on the issue. Surely, there exists no realistic formula with which to approximate an answer, but one need only observe and understand what the drug war is and how it works to know that grave injustices are forever embedded into the drug war equation.

The question resurfaced this week in an AP report that tells the story of Jose and Maximo Colon. The brothers were arrested and charged with cocaine distribution stemming from an alleged encounter with undercover officers in a sketchy NY bar. The case imploded when surveillance tape from the establishment revealed that the pair had simply not committed the crime or even interacted with the agents. They were arrested moments later by a back-up team, without a clue as to the reason why. Worse still, an outdoor camera captured footage of the undercover investigators "literally dancing down the street" afterwards, apparently pleased with their accomplishment.

It's a striking and gratuitous example of police misconduct to be sure, but the larger question is how many similar cases have led to convictions and prison time for their victims:

Jose quickly got the tape to defense attorney Rochelle Berliner, a former narcotics prosecutor. She couldn't believe what she was seeing.

''I almost threw up,'' she said. ''Because I must've prosecuted 1,500, 2,000 drug cases ... and all felonies. And I think back, Oh my God, I believed everything everyone told me. Maybe a handful of times did something not sound right to me. I don't mean to sound overly dramatic but I was like, sick.''

If it were only possible somehow to reveal the full scope of wrongful, fraudulent convictions in the war on drugs, I don't doubt that the entire nation would be stunned and sickened. Yet, for anyone who's paying attention, it's not necessary to fantasize about the true extent of injustice and corruption that the drug war has unleashed on innocent people. You can read about it in the newspaper all the time.

In Ohio, we saw a DEA agent indicted for helping frame 17 innocent people. In Atlanta, we saw police plant drugs in the home of an innocent 88-year-old woman after shooting her to death. In Tulia, TX we saw a rogue narcotics officer frame and arrest most of the black people in town. In Hearne, TX we saw the same damn thing. And across the country, we've seen dozens of innocent people who might well have ended up in prison if they hadn't been killed first by the police who raided their homes.

Behind all of this lies a matrix of perverse incentives, loose evidentiary requirements, and diminished accountability mechanisms that make mind-blowing miscarriages of justice more than inevitable. A central element of modern drug enforcement involves the use of informants, who trade information on other people for leniency in their own criminal cases. They have every incentive to lie and they do so constantly, as we've seen over and over again. Prosecutors offer leniency in exchange for "substantial assistance" in helping convict others, a practice that inherently favors the guiltiest party. Inevitably, those most directly involved in a criminal conspiracy are armed with names and other critical details that prosecutors crave, while peripheral players and innocent bystanders who become entangled in drug investigations are placed at a remarkable disadvantage.

Of course, it shouldn't be necessary to persuade anyone that our drug laws are designed to make things easy for police and hard for criminal suspects. These vast drug war powers are bestowed on police and prosecutors by legislators who are eager to provide law-enforcement with every necessary tool in the fight against crime. That much power creates countless innocent casualties even at the hands of our most honest public servants, and it's a nightmare when passed along to corrupt cops like the men who framed the Colon brothers.

Yet, when these dramatic fiascoes get exposed, police can often be found downplaying it and insisting that you can't fight the drug war without these sorts of aggressive and dirty tactics. If that's even remotely true, then the war on drugs is just far too filthy and corrupt to tolerate in a free and civil society.

Rogue Philly Drug Cops Add Molestation to Their List of Crimes

Via The Agitator, it looks like the out-of-control narcotics unit in Philly that I keep writing about is even worse than we thought. It was bad enough when they were caught stealing from local businesses, but now one of these guys has been accused by multiple different women of groping them during drug raids. The accounts sound disturbingly consistent and credible.

Really, is there any limit here? Any at all? It's time for the city to jettison these maniacs once and for all.

Illinois Sheriff Caught Selling Lots of Marijuana

Wow, you don't hear a story like this everyday. Oh wait, actually you do. Thanks to the drug war, dramatic incidents of gratuitous police misconduct have become painfully typical:

ST. LOUIS (AP) — Sheriff Raymond M. Martin has been the law for nearly 20 years in a struggling southern Illinois county. But federal prosecutors say he's been breaking it lately by peddling pounds of pot, some seized by his own department, often in uniform and from his patrol vehicle.

Authorities on Monday led away a handcuffed Martin, 46, from his small Shawneetown office after his arrest on federal drug trafficking charges accusing him of supplying a dealer he threatened to kill when that man said he wanted out. The Gallatin County sheriff also allegedly pledged to use his authority to shut down rival drug traffickers.

For 20 years, this creep was the sheriff? Can you even imagine all the filthy things he's done in that time? One of the many reasons the drug war fundamentally will never even begin to work is that you can't even trust the "good guys." I shudder to think how often the federal drug war dollars we pour into regional law enforcement end up accomplishing nothing other than to assist corrupt cops in cornering the local market.

The whole thing is such a colossal joke, it's amazing that anyone would even bother to defend it anymore. Just look at it. How much more fraudulent and corrupt must this thing become before everyone understands what it is?

DEA Agent Indicted for Framing 17 Innocent People

Over and over, the very foundations of the war on drugs are revealed to be utterly fraudulent and corrupt. These laws are harmful enough when they're enforced honestly, but moments like this really illustrate what a colossal fraud this whole thing truly is:

CLEVELAND — An agent of the U.S. Drug Enforcement Administration was indicted today on charges that he lied repeatedly in a botched 2005 drug case that caused 17 people to be wrongly charged.

Lee Lucas, a 19-year veteran, was charged in U.S. District Court in Cleveland with perjury, making false statements, obstruction of justice and violating a person's civil rights involving a case that resulted in 26 arrests in Mansfield. [Cleveland Plain Dealer]

As one might expect, all of this revolves around a lying informant who played everyone in a desperate attempt to save his own hide. Officer Lucas is accused of failing to provide proper supervision and repeatedly lying to cover up the mess.

Of course, Lucas's fellow officers have eagerly come to his defense, because there scarcely exists any form of police misconduct so shocking to the conscience as to disqualify from being treated as a martyr by their colleagues. This comment, posted on the Plain Dealer story, perfectly reveals the mentality that police aren't responsible for mistakes in the war on drugs

Lee Lucas is being a scapegoat for a convicted drug criminal named Jarrell Bray. Jerrel Bray turned on Lee because Lee would not engage in getting Jerrel off the hook for a shooting Jerrel committed.
…
Jerrel is afraid to return to prison as a snitch. Can you blame him? He is a weasel who is trying to save his skin on the inside.

How do you think a snitch like Jerrel would function in the big House?

Is Jerrell Bray the person you want to trust?

No, he's not, and that's exactly the problem. This shady informant's dubious allegations should never have formed the basis for criminal charges against anyone. It was Lucas and the DEA who trusted this guy and used him to serve their agenda, not anyone else. Everything these informants say is treated as gospel when it comes to getting search warrants and scoring convictions, but the second the informant turns on the cops, all you hear is that informants can never be trusted. No kidding.

If you rely on untrustworthy people to help you make drug arrests, then your drug arrests can't be trusted. It's just that simple. And if you can't (as drug cops often claim) do basic drug enforcement without relying on these people, then it follows that solid and reliable drug enforcement is truly impossible.

It's amazing to watch a disgraced drug cop comes forward and try to defend himself with no better argument than the fact that his whole job revolves around working with notorious liars to put people in jail who may or may not have done anything wrong. It sounds like Lucas stepped way out of line here, but the real fault lies with the way our drug laws are enforced in general. Can you even imagine how often this process produces gratuitous injustices without anyone but the innocent defendant paying the price?

Honoring Good Cops Doesn’t Mean Ignoring Bad Ones

I recently mentioned the controversy surrounding some drug cops in Philadelphia who've been stealing cash and merchandise from convenience stores under the guise of enforcing paraphernalia laws.

Via Radley Balko, it looks like the story is getting more interesting. The Philadelphia Daily News obtained surveillance video from one of the stores, which shows officers sabotaging security cameras. While the video doesn’t catch officers actually stealing anything, it certainly doesn't look good that they're cutting wires on security cameras right before the alleged theft took place. The video also shows that the paraphernalia purchase cited on the search warrant never actually took place. Uh-oh.

The bottom line is that these cops are more than just a little bit dirty. They are insanely corrupt. And yet, the last time I wrote about this, someone actually complained about it in the comment section:

The majority of the criminals out there are bad mouthing the police organization because they are upset they got busted. Documented are thousands of cases where police acted as heroes and law enforcers; no one seems to want to report or testify on their behalf, so I am. I respect the law enforcement organizations for what their true goals are and strongly suggest that people such as your selves find a new line of work.

Yeah, I'll stop complaining about police misconduct when police stop committing outrageous crimes. I appreciate good police work as much as anyone, but I won't ignore or forgive horrible misconduct just because other cops are doing their job. Most bus drivers aren't alcoholics, but that doesn't mean every incident of drunk bus driving should become a celebration of all the heroic bus drivers who don't go to work wasted.

One crooked cop is one too many. And if the good cops can’t get rid of the bad ones, then they're not exactly perfect either.

The Fine Line Between Drug Raids and Armed Robberies

It seems Philadelphia's drug cops have adopted a nasty habit of raiding corner stores accused of selling paraphernalia, then smashing security cameras and just straight-up stealing cash and merchandise.

The accused officers are denying everything, of course, but the Philadelphia Daily News found multiple former informants who acknowledge being paid with cigarettes. Hmm, I wonder where those came from.

It's truly remarkable how often the soldiers in the war on drugs can be found committing worse crimes than the people they're investigating.

Lunatic Easily Convinces Police He's a Federal Drug Agent

What happens when a crazy person tells local police he's a federal agent and offers to help them fight drugs?

Busts began. Houses were ransacked. People, in handcuffs on their front lawns, named names. To some, like Mayor Otis Schulte, who considers the county around Gerald, population 1,171, “a meth capital of the United States,” the drug scourge seemed to be fading at last.

Those whose homes were searched, though, grumbled about a peculiar change in what they understood, from television mainly, to be the law.

They said the agent, a man some had come to know as “Sergeant Bill,” boasted that he did not need search warrants to enter their homes because he worked for the federal government.
…

Sergeant Bill, it turned out, was no federal agent, but Bill A. Jakob, an unemployed former trucking company owner, a former security guard, a former wedding-performing minister, a former small-town cop from 23 miles down the road. [New York Times]

The whole thing provides yet another exhibit in the colossal incompetence that has become so routine and predictable in the war on drugs. If some nutjob showed up at the fire department with a badge and an axe, they'd tell him to hit the road. They wouldn't follow him in and out of burning buildings.

It is precisely because of the massive multi-tiered drug war bureaucracy that his psychotic scheme seemed somehow plausible to everyone. Drug enforcement is the one occupation so lacking in accountability, so consumed by macho tough-guy posturing, that some maniac can just walk through the door and fit right in. It's a match made in hell.

And it wasn't even the cops who figured out he was an imposter. It was a reporter, months into this mindboggling hoax. Even when he recklessly and routinely violated suspects' constitutional rights, the police who followed him around never thought anything of it. That's how easy it is. His flagrantly illegal and incompetent behavior actually made them think he was real.

That this even happened is a potent testament to the fact that drug enforcement in America is thoroughly rotten and diseased to its core. If you see vultures circling around something, you know it is not healthy.

If the Drug War Reduces Violence, Please Explain What's Happening in Mexico

The debate should be over now. All you have to do is look south to learn that the drug war is worse than a failure; it causes massive violence, corruption, and death. From The New York Times:
"When the commander, Commissioner Édgar Millán Gómez, the acting chief of the federal police, died with eight bullets in his chest on May 8, it sent chills through a force that had increasingly found itself a target."

"Top security officials who were once thought untouchable have been gunned down in Mexico City, four in the last month alone."

"Drug dealers killed another seven federal agents this year in retaliation for drug busts in border towns."

"Drug traffickers have killed at least 170 local police officers as well, among them at least a score of municipal police commanders, since Mr. Calderón took office."

"The violence between drug cartels that Mr. Calderón has sought to end has only worsened over the past year and a half. The death toll has jumped 47 percent to 1,378 this year, prosecutors say. All told, 4,125 people have been killed in drug violence since Mr. Calderón took office."

"Several terrified local police chiefs have resigned, the most recent being Guillermo Prieto, the chief in Ciudad Juárez, who stepped down last week after his second in command was killed a few days earlier."
So what does Mexican President Felipe Calderon, who instigated the massive increase in drug war violence, have to say about all this?
The president has vowed to stay the course, portraying the violence among gangs and attacks on the police as a sign of success rather than failure.
Wow. Well, I guess you've got it all figured then, Mr. President. That's good to hear, because for a second there, it sounded like everything was going to hell.
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