------------------------------------------------------------------- Brief Protest Report (Account Of Demonstration Friday In Downtown Portland Held To Protest Marijuana Task Force, Sponsored By American Antiprohibition League)Date: Sat, 07 Mar 1998 05:30:11 -0800 From: Paul Freedom (nepal@teleport.com) Organization: Oregon State Patriots To: Cannabis Patriots (cannabis-patriots-l@teleport.com), "libnw@circuit.com" (libnw@circuit.com), "oregon-commonlaw-l@teleport.com" (oregon-commonlaw-l@teleport.com) Subject: CanPat - Brief Protest Report Sender: owner-cannabis-patriots-l@teleport.com Hi Folks, It's late, I'm tired, I'm back home. I will briefly say that our protest was a success. By some estimates we had at least 60 people perhaps more, I think the count was taken after some had left. We proudly flew the American Flag and had many signs and some speakers. We were in the heart of downtown Portland between the courthouse and the Justice Center Jail. For those not familiar with the setting we were in what is called a park block in between right in downtown Portland. We asked for full accountability for this warrantees search by these Thugs. I think the organizers are planning to continue to put the heat on each Friday. So again we encourage folks for all walks of like to join us. We had a various mix of folks. We need more! PF------------------------------------------------------------------- Orange County's First Medical Marijuana Trial Stayed ('Orange County Register' Says 4th District Court Of Appeal In Santa Ana, California, Ordered A Stay Thursday In The Case Against David Herrick, Charged With Selling Cannabis To Members Of The Orange County Cannabis Co-Op, So It Can Consider Whether The Prosecution Misused Evidence Provided By The Defense To File More Serious Charges) Date: Sat, 7 Mar 1998 21:41:44 -0800 To: mapnews@mapinc.org From: Olafur BrentmarSubject: MN: US CA: Orange County's First Medical Marijuana Trial Stayed Sender: owner-mapnews@mapinc.org Newshawk:John W.Black Pubdate: Sat, 7 Mar 1998 Source: Orange County Register (CA) Section: metro - page 5 Author: Stuart Pfeifer-The Orange County Register Contact: letters@link.freedom.com ORANGE COUNTY'S FIRST MEDICAL MARIJUANA TRIAL STAYED Courts: An appeals panel will consider whether the prosecution misused evidence provided by the defense. A state appellate court has postponed Orange County's first medical marijuana trial so it can consider arguments that prosecutors improperly used evidence disclosed by the defense to file more serious charges. The 4th District Court of Appeal in Santa Ana ordered the stay Thursday in the case against David Herrick, charged with selling marijuana to members of the Orange County Cannabis Co-op. Originally, Herrick was charged with possession of marijuana for sale. But that case was dismissed after defense attorneys provided evidence, including a list of the co-0-'s clientele, to the prosecution. The Orange County District Attorney's Office then filed charges of selling marijuana against Herrick. The sales were allegedly made to customers whose names were in the evidence provided the prosecution. Because Proposition 215 does not permit the sale of marijuana, Herrick will not be allowed to use the medical marijuana initiative as a defense. The defense motion also alleged that the prosecution filed criminal charges against the co-op's leader, Marvin Chavez, preventing him from being used as a defense witness as planned. Deputy Public Defender Sharon Petrosino said she was required by evidence "discovery" laws to provide the information to the prosecution. "I don't think we should be forced to provide discovery that ultimately hurts our client," Petrosino said. Deputy District Attorney Carl Armbrust, who is prosecuting both Herrick and Chavez, said he expects to prevail on appeal. The appellate court gave the prosecution until March 16 to respond to the defense brief. The trial will be stayed until the appellate court rules. ------------------------------------------------------------------- California Conference Of Medical Cannabis Providers (Bulletin From Scott Imler Of The Los Angeles Cannabis Buyers Club Invites Medical Marijuana Patients, Affirmed Providers And Proposition 215 Supporters To A Gathering In San Francisco On Tuesday, March 24, To Protest The Federal Lawsuit That Seeks To Close Six Northern California Dispensaries) Date: Sat, 7 Mar 1998 19:45:23 EST Originator: drctalk@drcnet.org Sender: drctalk@drcnet.org From: Scott Imler (simler97@ix.netcom.com) To: Multiple recipients of listSubject: MARCH 24th HEARING Please distribute as appropriate. California Conference of Medical Cannabis Providers March 7, 1998 Dear Patients, Affirmed Providers, and 215 Supporters, As you are aware, on March 24, 1998, the US Government will request a Summary Judgment in federal court against six "cannabis clubs" in Marin, San Francisco, Oakland, Ukiah, and Santa Cruz in a rapacious attempt to undermine the will of the voters and effectively nullify Proposition 215. While much remains unclear about how marijuana will be legally supplied in the future, one thing is abundantly clear; thousands of seriously ill and disabled Californians will be put in grave peril if the six clubs in question are closed. In October of last year, dozens of patients, caregivers, cooperatives, and collectives met in Santa Cruz and established statewide guidelines for the responsible implementation of Proposition 215. The Conference of Medical Cannabis Providers also adopted a resolution, which declared in pertinent part, that "an attack on one Affirmed Provider is an attack on all Affirmed Providers." We believe that the current federal effort to close the six Northern California clubs named in the lawsuit is precisely the kind of situation envisioned by the conference resolution and has significant ramifications for all patients and providers in the state. We, therefore, call on all other patients who are able, Affirmed Providers (opened or closed, served or unserved, named or un-named), and Proposition 215 supporters to gather in San Francisco on Tuesday, March 24th, to stand together on this historic occasion; united against federal intervention and determined to preserve the democratic achievement of Proposition 215 and our collective medical rights. PLEASE plan to attend this event with as many other patients and 215 supporters as you can muster from your local area. The cause is clear, the time is short, and the stakes could not be higher. Grace and Peace, Scott Imler Scott Imler SCCU/LACBC ------------------------------------------------------------------- Jury Activist Turney Faces 15 Years ('The Fairbanks Daily NewsMiner' Says Fully Informed Jury Activist Frank Turney Was Convicted Of Three Counts Of Jury Tampering For Distributing The Hotline Number Of The Fully-Informed Jury Association Outside A Fairbanks, Alaska, Courthouse In 1994)Date: Fri, 12 Jun 1998 13:09:47 -0600 (MDT) From: Jury Rights Project (jrights@levellers.org) To: Jury Rights Project (jrights@levellers.org) Subject: Jury Activist Turney Faces 15 Years March 7, 1998 Fairbanks Daily NewsMiner Turney convicted of jury tampering Juror rights advocate Frank Turney was brought down Friday by the very same system he cared so much for. A jury deliberated less than five hours before convicting Turney, 51, on three counts of jury tampering. Moments after hearing the decision, Turney thanked the jurors for their service and stood as they left the courtroom. "The only thing that I'm guilty of is telling the truth," Turney said. Turney distributed a juror rights hotline, 1-800-TEL-JURY, to three jurors involved in a 1994 criminal case back. The group encourages jurors to judge the law as well as the facts and vote with their conscience. The jury in that 1994 case deadlocked and Turney was indicted on three counts of jury tampering. The prosecution felt this message was intended to influence jurors, which affected the outcome. "We're not talking about education here," Assistant District Attorney Jay Hodges said. "Mr. Turney did not have to intend to influence the outcome of the decision in the case." "His intent was to influence a juror to think they can judge the law," Hodges said. Turney is scheduled to be sentenced on July 2 before Kodiak Superior Court Judge Donald Hopwood. Turney said his conviction will be appealed. *** Letters to the editor about Frank's case can be sent to: Fairbanks Daily News-Miner P.O. Box 70710 Fairbanks, AK 99707-0710 Email: letters@newsminer.com Fax: (907) 452-7917 Limit: 350 words Anchorage Daily News P.O. Box 149001 Anchorage, Alaska 99514-9001 Email: letters@pop.adn.com Fax:(907)258-2157 Juneau Empire 3100 Channel Dr Juneau AK 99801 Email: editor1@alaska.net Fax: (907)586-3028 Limit: 250 words *** Re-distributed by the: Jury Rights Project (jrights@levellers.org) Web page: (http://www.lrt.org/jrp.homepage.htm) To be added to or removed from the JRP mailing list, send email with the word SUBSCRIBE or UNSUBSCRIBE in the title. ------------------------------------------------------------------------------------------------------------------------------------------- Seizure Of Hotel Sets Precedent - 'Tacit Consent' For Drug Deals Alleged ('The Houston Chronicle' Notes The US Government Is Attempting To Forfeit The Red Carpet Inn In Southwest Houston Despite A Lack Of Any Allegation That The Hotel Owners Took Part In Any Crimes) Date: Sat, 7 Mar 1998 11:22:30 EST Errors-To: manager@drcnet.org Reply-To: ArtSmart@NEOSOFT.COM Originator: drctalk@drcnet.org Sender: drctalk@drcnet.org From: Art Smart (ArtSmart@NEOSOFT.COM) by way of Bob Ramsey To: Multiple recipients of listSubject: Hou Chron: Seizure of hotel sets precedent -- 'Tacit consent' for [sender comments:] This article states more than once that criminal charges are "usually tied to forfeitures." It's my understanding that NO criminal charges are filed in 80% of forfeiture cases. The reason for this is that, if charges are filed, the owner's constitutional rights kick in. But since property can have no constitutional rights, police can take all your property as long as you are not charged with any crime. *** Newshawk: Art SmartPubdate: Sat, 07 Mar 1998 Source: Houston Chronicle, page 1 Contact: viewpoints@chron.com http://www.chron.com/content/chronicle/page1/98/03/07/seize.2-0.html Seizure of hotel sets precedent 'Tacit consent' for drug deals alleged By STEVE BREWER Copyright 1998 Houston Chronicle Keith English sells home theater systems, but most days he can catch a real action show right next door. "It's like watching the TV show Cops," he said, "but it's live." English works next to the Red Carpet Inn, a hotel at 6868 Hornwood in southwest Houston seized by federal agents Feb. 17. Houston police bust dealers there regularly and there's no dispute the hotel has been used as a drug market. But there is sharp disagreement about the unique tactic the government is using to try to shut it down. Meanwhile, it is being operated by the owners as usual, pending resolution of the case. Defense attorneys and legal experts say the seizure -- only the second of its kind in the country -- sets a bad precedent, since there are no allegations the hotel owners took part in any crimes. Using a broad interpretation of drug forfeiture laws, the U.S. attorney's office seized the hotel and is attempting to obtain a forfeiture on the grounds that its owners gave "tacit consent" to illegal activity by not stopping it when notified by police and the city. No criminal charges, usually tied to forfeitures, have been filed against the owners, GWJ Enterprises, or against hotel management, Hop Enterprises. In essence, agents seized the hotel so drug dealers would have one less place to deal and because the owners didn't listen to police who suggested more security. Police say they suggested the owners install mirrors on each side of the hotel, aim a video camera at the parking lot, put on more guards at night, screen their guests more and increase room rates. But by not implementing those suggestions, the government says, the owners gave their tacit approval to the drug trafficking. "It violates fundamental fairness and due process," said Jay Jacobson, executive director of the American Civil Liberties Union of Texas. "You're requiring people to act as police officers or agents of the police. They're saying you do what police say or we take your property." Federal agents say that between Jan. 1, 1996, and Dec. 8, 1997, police were called 32 times to the hotel, where they made arrests and seized drugs and cash. Even after that period, other drug arrests were made and other crimes were reported at the business. "They were on notice. ... They had a responsibility to take appropriate steps to prevent illegal activities from going on at their establishment," said acting U.S. Attorney James DeAtley. The case, he said, could open the door for similar actions against businesses where drugs are sold under management's noses. DeAtley acknowledges that the seizure is unusual but insists he is on solid legal ground. Others disagree. Especially Matt Hennessy, the attorney for the hotel's owners and managers. "These are all good people trying to run an honest business that just happens to be in a tough neighborhood," Hennessy said. The federal complaint, he said, is "scant with facts but heavy on tabloid language." Though the complaint states that police didn't get as many calls to the hotel when someone else owned it, he said, it does not note that the former owners used the same managers or that the current owners have improved the hotel. The complaint also says the managers complained about the police presence at the hotel and that the owners did not implement the security suggestions, including raising the room rates. But Hennessy said the owners signed a trespass affidavit that allows officers free rein to roam the grounds to question patrons and others. That affidavit was in effect from Dec. 12, 1995, until Jan. 26, Hennessy said. The owners withdrew it, he said, because they felt police were harassing innocent customers. "The period of time the affidavit was in effect corresponds with the time period where they say all the bad stuff happened," Hennessy said. "This was ... when the HPD had greater authority on the property. They're now using that against the owners and management." Hennessy said managers asked police to watch them screen customers, but officers declined. And they did use some of the security ideas, though rates were not raised. "The government was trying to dictate what a person should charge for services, and it appears now they're penalizing them for trying to be competitive," Hennessy said. He said the government also fails to say security cameras trained on the parking lot have been in place for some time, or that managers kept a list of those they would not allow to rent rooms. Ultimately, Hennessy said, the case could determine whether the government can say how much businesses should spend on security. "I think that's what it's all about," he said "I don't know why they picked this hotel, but I do think seizing someone's business under these circumstances is overreaching." Kent Schaffer, a Houston defense attorney, said forfeiture laws were initially used to seize the obvious fruits of illegal activity. Then, he said, they were expanded to take items used in conveying drugs, but almost always in connection with actual criminal charges. "Now, the government is trying to expand to say you don't even have to commit a wrongful act, just be in the position to prevent it," Schaffer said. Steven L. Kessler, a former New York prosecutor and expert on forfeiture laws, said the case could start a trend of penalizing "non-criminals" for not doing what police tell them to do in their legitimate businesses. Kessler, author of a three-volume treatise on forfeiture laws, said the government is tracking the crime, instead of the criminals. "This is the next step," he said, "and they're saying, 'OK, folks. We're not just going after the criminal, but a lot of you out there, whether you like it or not, are in drug-prone areas. You're trying to run a business there, so you are in effect part of the crime.'" In the Red Carpet case, attorneys say the government only had to show probable cause to seize the property. That's a low and nebulous legal standard, requiring the government only to show some proof, above mere suspicion, that the hotel facilitated drug dealing. In a trial, the government simply restates its probable cause and the burden of proof shifts to the owners. For the owners to get their property back, they must show it's more likely than not that they took reasonable steps to stop crime at the business and that they didn't know about the criminal activity before it occurred. They must present a "preponderance of evidence" -- a much higher standard than is required of the government, the same burden used in civil cases. That means the owners have to "prove a negative," which some attorneys say turns the presumption of innocence on its head. But DeAtley, the acting U.S. attorney, said the government is not punishing a business for something it can't control. The owners, he said, could have controlled the crime taking place on their property by implementing the police suggestions. DeAtley said the case is about responsibility, which is vital in the Gulfton area, where lawmen are pouring resources into an anti-drug effort. "With property, you're holding yourself out to the public and the community as responsible and these are responsibilities that are not surprises to anybody," DeAtley said. "(The owners) were put on notice and given the opportunity to take reasonable steps. They chose not to." DeAtley would not discuss the broader consequences of the seizure. Its critics, he said, are stretching facts and using extremes to make their points. DeAtley said all forfeiture cases are painstakingly reviewed and his office does not violate the rights of business owners. "We don't take these cases lightly," he said. "There are careful review processes throughout every stage of it." ------------------------------------------------------------------- Attorney Sentenced For Role In Drug Ring ('The Houston Chronicle' Says Houston, Texas, Lawyer Jose Carl Aaslatten, 31, Has Forfeited $900,000 And Will Spend Eight Years In Prison For Helping Launder Millions Of Dollars As Part Of A Group That Manufactured Ecstasy Tablets In Tijuana, Mexico, And Distributed Them In Houston) Date: Sat, 7 Mar 1998 12:17:44 -0800 To: mapnews@mapinc.org From: Olafur BrentmarSubject: MN: US TX: Attorney Sentenced For Role In Drug Ring Sender: owner-mapnews@mapinc.org Newshawk: Art Smart Pubdate: Sat, 07 Mar 1998 Source: Houston Chronicle Author: Deborah Tedford Page: 33A Contact: viewpoints@chron.com Website: http://www.chron.com/ ATTORNEY SENTENCED FOR ROLE IN DRUG RING A Houston attorney has been sentenced to federal prison for his role in a large-scale drug and money laundering ring. U.S. District Judge Walter S. Smith Jr. Thursday ordered Jose Carl Aaslatten, 31, to spend 96 months in prison for conspiring to launder money. He was also fined $6,000. Aaslatten told the Waco judge that he laundered millions of drug dollars through legitimate businesses from April 1993 to September 1995. He and five co-defendants distributed millions of "Ectasy" [sic] tablets manufactured at an 8,000 square foot laboratory in Tijuana, Mexico. The plant produced 38,000 pills per hour, prosecutors said. The pills were taken across the border to San Diego, where they were repackaged and shipped to Houston for distribution. The lab and several metric tons of precursor chemicals were seized by Mexican federal police in February 1995, with help from U.S. authorities. Prosecutors said the three-year investigation by the Drug Enforcement Administration, the Internal Revenue Service and the Harris County Sheriff's Department has resulted in the seizure of more than $900,000 from Aaslatten alone. Aaslatten and co-defendants Houstonians Brett Barnett and William Adams of Houston, Randall Calvert of Port Aransas, Justin King of Dallas, and Chris Roddy of Denton pleaded guilty to money laundering in November. Smith also imposed the following prison terms on Aaslatten's codefendants: Barnett, 33 months and a $1,200 fine; Adams, 36 months and a $1,200 fine; Calvert, 87 months and a $3,000; King, 48 months and a $1,500 fine; and Roddy, 27 months in prison and a $1,200 fine. Copyright 1998 Houston Chronicle ------------------------------------------------------------------- Children Aren't The Problem (Letter To Editor Of 'Houston Chronicle' Explains Why Certification Doesn't Work - Blaming Other Countries For Illegal Drug Use In The United States Is An Attempt To Escape From Reality - To Claim That $30 Billion Worth Of Cocaine Is Poisoning US Children Each Year Is An Attempt To Produce An Emotional Gut Reaction Rather Than An Intelligent Decision) Subj: US TX: PUB LTE: Children Aren't The Problem From: Richard LakeDate: Sun, 08 Mar 1998 23:02:18 -0500 Newshawk: "G. Alan Robison" Pubdate: Saturday, March 7th, 1998 Source: Houston Chronicle Contact: viewpoints@chron.com Website: http://www.chron.com/ Editor's note: The author of this letter is a member of the Drug Policy Forum of Texas: http://www.mapinc.org/DPFT/ CHILDREN AREN'T THE PROBLEM With his tough, drug-war rhetoric, Tony Cantu sounds as if he must be planning to run for political office ("Going soft on narco-traffickers will hurt our children," Outlook, Mar. 1). Certification of other countries as allies in the war on drugs is a bad idea. Third World countries are unable to cope with the power and corrupting influence of drug money. Decertification is counterproductive. It is supposed to lead these countries to just say "no" to the influence of bribes and threats against their leaders and to do more to stop the multibillion-dollar trade in illegal drugs -- something they have been unable to accomplish ever before. Decertification actually harms the relations with other countries and decreases opportunities for legitimate business, pushing new people to work in the drug trade. Blaming other countries for illegal drug use in the United States is an attempt to escape from reality. No other country would send any drugs to the United States if the market in this country didn't send tons of dollars to corrupt their citizens. No one wants their children to use legal or illegal drugs. But to claim that $30 billion worth of cocaine is poisoning U.S. children each year is an attempt to produce an emotional gut reaction rather than an intelligent decision. Few children buy cocaine. Children are not a factor in what drives the illegal drug business. Millions of adult users and the billions of dollars spent on plentiful, but prohibited substances, are. Gregg Davis, Houston ------------------------------------------------------------------- Kentucky Firm, Two Others Bid To Privately Run Iowa Prisons ('Associated Press' Article In Lexington, Kentucky, 'Herald-Leader' About Private Prison Industry Pitches To State Of Iowa Notes US Corrections Corporation Of Louisville, Kentucky, Proposed A Budget With A Per Diem Cost Per Prisoner Of $42.19, Compared To $42.75 Per Day For Corrections Corporation Of America Of Nashville, $46.90 Per Day Per Prisoner For Florida-Based Wackenhut And $47 Per Day For Iowa Corrections Department) Date: Sat, 7 Mar 1998 21:41:44 -0800 To: mapnews@mapinc.org From: Olafur BrentmarSubject: MN: US KY: Kentucky Firm, 2 Others Bid To Privately Run Iowa Prisons Sender: owner-mapnews@mapinc.org Newshawk: Kevin and Melodi Pubdate: Sat, 07 Mar 1998 Author: Greg Smith Associated Press Source: Lexington Herald-Leader (KY) Contact: hledit@lex.infi.net Website: http://www.kentuckyconnect.com/heraldleader/ KENTUCKY FIRM, 2 OTHERS BID TO PRIVATELY RUN IOWA PRISONS DES MOINES, Iowa -- Companies from Florida, Kentucky and Tennessee have submitted proposals to Iowa Department of Corrections officials to privately run the state's future prison sites. Corrections officials are trying to decide whether it is cheaper and more efficient to privatize future prisons or keep them under state control. Department Director W.L. "Kip" Kautzky told board members yesterday he was staying neutral but added, "We ought to look at it." Kautzky was ready to present a final assessment of the bids submitted by Florida-based Wackenhut, Corrections Corp. of America of Nashville, and U.S. Corrections Corp. of Louisville, Ky. However, two of the seven board members were absent, delaying his report until next month's meeting in Fort Dodge, where a new 750-bed facility is set to open April 15. According to reports submitted to the state, nine communities are proposed as potential sites. "The private provider would make the decision on the site, whatever makes business sense to them," Kautzky said. U.S. Corrections has proposed the cities of Charles City, Marshalltown and Ottumwa. Corrections Corp. listed Forest City, while Wackenhut cited Spencer, Osceola, Sioux City, Fort Madison and Eldora as its possible locations. Should the board eventually decide to privatize, legislative approval would be needed. Rep. Teresa Garman, R-Ames, and co-chairwoman of a budget subcommittee that controls spending for the prison system, said she would oppose privatization and predicted her colleagues on the committee would, too. Kautzky, meanwhile, declined to rank the bids. "There are clear and distinguishing variables in each," he said. For instance, U.S. Corrections, which operates eight prisons around the country, proposed a staff of 188 people to run its prison. "Can you legitimately manage a 750-bed facility with that?" Kautzky said. Corrections Corp. proposed a staff of 226 people, while Wackenhut proposed hiring 203 people. Per diem costs, or the average cost to house one inmate per day, also were broken down, as were other factors, such as support costs, number of counselors, lease terms, inmate programs and start-up costs. The proposed per diem cost was $42.19 for U.S. Corrections, $42.75 for Corrections Corp. and $46.90 for Wackenhut. That compares to Iowa's average per diem cost of $47. Corrections Corp. of America is the largest of the three companies. It runs 49 prisons, oversees a total prison population of 38,000 and is a $281 million company. Wackenhut, which operates 27 prisons in the United States, is worth $88 million, while U.S. Corrections Corp. had a net worth of only $6.3 million at the end of 1996. Kautzky said 15 states have hired private companies to run prisons. He said it appears privatization "has the potential to be more cost effective" than Iowa's state-run system, although a consultant's report to Iowa corrections officials straddled the issue. "The best of the available evidence certainly indicates that privatization initiatives elsewhere in the United States have proven to be a cost-effective part of the solution for many of the troublesome problems," it said. "However, privatization is not a panacea and it does not come with guarantees. "Whether Iowa would have a satisfactory experience with privatization cannot be determined," it said. ------------------------------------------------------------------- A Lesser Crime? (Letter To Editor Of 'New York Times' Responds To Its Staff Editorial, 'NBA Violence,' Suggesting League Is Saying To Kids That 'Threatening To Kill Your Coach Is Bad - But Not That Bad, So Long As You're Not On Drugs Or Gambling While You Do It') Date: Sat, 07 Mar 1998 19:17:29 -0500 To: DrugSense News ServiceFrom: Richard Lake Subject: MN: US: NYT LTE: A Lesser Crime? Sender: owner-mapnews@mapinc.org Newshawk: "Dick Evans" Pubdate: Sat, 7 Mar 1998 Source: New York Times Contact: letters@nytimes.com Website: http://www.nytimes.com/ A LESSER CRIME? To the Editor: Re "N.B.A. Violence" (editorial, March 6): If we compare Latrell Sprewell's punishment with those of other wayward professional athletes, we learn that choking, hitting and threatening to kill your coach is bad -- but not that bad, so long as you're not on drugs or gambling while you do it. O.K. now, kids, you got that? MISHA WEIDMAN San Francisco, March 6, 1998 ------------------------------------------------------------------- Ex-Police Detectives Plead Guilty ('Boston Globe' Says Two Veteran Boston Police Detectives Were Sentenced To Three-Year Jail Terms Friday In Federal Court, Pleading Guilty To Using Their Badges To Steal More Than $200,000 From Drug Dealers, Small-Time Gamblers, And Innocent Bystanders That They'd Set Up By Lying To Secure Phony Search Warrants) Date: Sat, 07 Mar 1998 19:49:28 -0500 To: DrugSense News ServiceFrom: Richard Lake Subject: MN: US MA: Ex-Police Detectives Plead Guilty Sender: owner-mapnews@mapinc.org Newshawk: "Dick Evans" Source: Boston Globe Author: Patricia Nealon, Globe Staff Contact: letters@globe.com Website: http://www.boston.com/globe/ Pubdate: Sat, 7 Mar 1998 EX-POLICE DETECTIVES PLEAD GUILTY Pair Agree To 3-Year Jail Terms In Conspiracy, Fraud Probe Two veteran Boston police detectives pleaded guilty yesterday in federal court to using their badges to steal more than $200,000 from drug dealers, small-time gamblers, and innocent bystanders that they'd set up by lying to secure phony search warrants. In a deal reached just before the opening of their trial on Monday, former detectives Walter F. Robinson Jr. and Kenneth Acerra, both 51, will spend three years in federal prison and must repay as much as $100,000 each if a judge accepts the plea agreement reached by federal prosecutors and defense lawyers. If so, they will be sentenced May 21. The surprise deal came just hours after a federal magistrate judge warned Robinson not to intimidate potential witnesses in the case and lawyers gathered to discuss what they could say in opening statements to jurors on Monday. The guilty pleas - in which Robinson and Acerra admit to three counts each of conspiracy, civil rights violations, and tax fraud - close a sordid chapter in Boston police history, one that exposed a mix of lax procedures and lazy supervision that allowed the veteran detectives to indulge in a five-year personal crime spree. The sweeping 69-page indictment brought against the pair a year ago was prompted by a Globe Spotlight Team report in February 1996 detailing their routine. Using phony search warrants, the detectives entered the homes of suspected drug dealers and others in Area E, the Boston police district that covers West Roxbury, Roslindale, Jamaica Plain, and Hyde Park. Once inside, the two allegedly stole drugs, money, jewelry, and guns. Police Commissioner Paul F. Evans, who was chief of detectives during part of the time Robinson and Acerra committed their crimes, was in court when the two offered their guilty pleas to US District Judge Douglas P. Woodlock. ''Certainly it's not a happy day, but in some ways it's a bittersweet day,'' Evans said afterward. ''These officers obviously violated their oath. They betrayed the citizens and they betrayed their fellow officers. Today they got up and acknowledged that. I think that was very, very important.'' Evans said the guilty pleas validated the investigation by the US attorney's office and the corruption unit of the Boston Police Department. ''It shows the commitment of the organization to make sure that incidents of this nature, behavior of this nature, will not be tolerated,'' he said. Acerra, of West Newton, a police officer for 29 years, was put on paid leave in February 1996. His pay was suspended following his indictment. Robinson, of Belgrade, Maine, who had 26 years on the job, resigned from the department the day before the Globe's initial story appeared. In court yesterday, Robinson said he disputed some of the details of his crimes, outlined by Assistant US Attorney S. Theodore Merritt. But the former detective said he generally agreed with the outline, which included: not turning in money seized during drug raids and underreporting the amount, or claiming that no money was found when large amounts were. ''In many ways, it was easy,'' said Merritt, pointing to loose record-keeping that placed the officers on the honor system when reporting what they confiscated during searches. In one case highlighted by Merritt, the pair pocketed an $8,000 ransom payment given them by a man whose son had been kidnapped. ''He got his son back,'' Merritt said, ''but he never got the ransom back.'' Another time, Robinson and Acerra took a woman's $960 rent payment, stole $800 in restaurant receipts from a business they raided, and lifted $300 from the dresser drawer of the girlfriend of a marijuana dealer - money from the paycheck she had just cashed. In a May 1992 search of an apartment on Edgemere Road in West Roxbury, $16,000 was found in a strongbox hidden under a bed. But the money was never turned in, Merritt said. ''The money really was the incentive over the years,'' said Merritt, who prosecuted the case along with Assistant US Attorney Ben T. Clements. Evans acknowledged past shortcomings in the department's record-keeping, but said they've been corrected. ''I think right now the checks and balances are in place,'' he said. ''You learn by your mistakes ... Can somebody beat the system? If they're hellbent on doing it I think they will, but I think we've done our very, very best to address the issues that this case brought up.'' Robinson, who told the judge he's been seeing a psychologist and a psychiatrist since April 1995, was dressed in the same black sweater and black slacks he'd worn at an earlier court appearance yesterday. He pleaded guilty to the three charges in a halting voice that dropped to a soft murmur by the time he'd said ''guilty'' for the third time. Earlier in the day, the federal magistrate judge's warning of Robinson not to intimidate potential witnesses came after prosecutors asked that Robinson's bail be revoked because he had contacted the sister-in-law of a government witness - a direct violation of the conditions of his release. It was the second time Robinson had allegedly contacted a witness in the case within the last three months. Last December, prosecutors said, Robinson contacted another government witness and tried to get him to testify that Robinson had returned stolen money to another witness. Acerra was originally charged with 21 counts and Robinson with 20, including extortion, theft, conspiracy, conspiracy to violate civil rights, civil rights violations, and filing false income tax returns. The counts they pleaded guilty to included conspiracy to steal more than $200,000 and violating the civil rights of people whose homes and businesses they searched, using bogus warrants they got by lying about surveillance and informants. The third guilty plea was to a charge involving not declaring the stolen money on their income tax returns for 1992. But the plea agreement did not include the extortion charges, which allegedly involved conspiring with a criminal defense lawyer to drop drug charges in exchange for money. The lawyer, Joseph P. Murphy of Milton, will be tried separately. If Woodlock accepts the plea agreement - which he warned Robinson and Acerra he might not - the amount Acerra owes in restitution would be reduced by $42,790, the amount he returned once the investigation began. (c) Copyright 1998 Globe Newspaper Company. ------------------------------------------------------------------- Getting Under The Skins Of Junkies ('New Scientist' Suggests Heroin Addicts May One Day Be Treated With A Polymer Implant Instead Of Taking A Daily Dose Of The Heroin Substitute Methadone - Researchers At Johns Hopkins School Of Medicine In Baltimore Have Developed A Button-Sized Implant That Releases A Steady Stream Of Hydromorphone For Up To Three Months) Date: Tue, 10 Mar 1998 11:15:30 EST Originator: drctalk@drcnet.org Sender: drctalk@drcnet.org From: Peter WebsterTo: Multiple recipients of list Subject: ART: Getting under the skins of junkies New Scientist 7 March 1998 contact: letters@newscientist.com website: http://www.newscientist.com/ Getting under the skins of junkies HEROIN addicts may one day be treated with a polymer implant instead of taking a daily dose of the heroin substitute methadone. Researchers at Johns Hopkins School of Medicine in Baltimore have developed a button-sized implant that releases a steady stream of hydromorphone for up to three months (Journal of Substance Abuse Treatment, vol 14, p 535). Hydromorphone, like methadone, blocks opiate receptors in the brain that bind to heroin, eliminating cravings and withdrawal symptoms. Heroin addicts have to take a dose every of methadone day---and increasingly they are being forced to travel to clinics to prevent the growth of an underground trade in the drug. The implanted polymer releases a steady stream of hydromorphone, which is as effective at blocking opiate receptors as methadone, over one to three months. The implant should increase the number of people successfully completing heroin therapy. "The primary reason for patients wanting to get out of methadone treatment is the inconvenience," says George Bigelow, director of the behavioural pharmacology research division at Johns Hopkins. The implant will also cut the cost of treating addicts. This is between $3500 and $4500 a year, though methadone makes up only 7 per cent of the total. However, the researchers do not recommend the implant for people who need counselling, such as those beginning treatment. Counselling is often coupled with the daily dose of the substitute drug, and such addicts might relapse without it. Heroin addicts may have to wait several years for the implant. The researchers are first considering using the implant to relieve the pain of cancer before they study it in heroin addicts. Kate 0'Rourke, Baltimore ------------------------------------------------------------------- Brief Report On New FDA Approach (Rick Doblin Of The Multidisciplinary Association For Psychedelic Studies Says Scientists Who Would Like Research Controlled Substances Now Must Leap Even More, Higher Hurdles - 'A Clear Shift To A More Cautious, Conservative Attitude At The FDA') Date: Tue, 10 Mar 1998 09:14:13 EST Originator: drctalk@drcnet.org Sender: drctalk@drcnet.org From: Peter WebsterTo: Multiple recipients of list Subject: MAPS: Brief Report on new FDA approach --forwarded message-- From: Rick Doblin (RickMAPS@aol.com) Date: Sat, 7 Mar 1998 09:41:29 -0500 (EST) To: maps-forum@maps.org Subject: MAPS: Brief Report on new FDA approach To All: I'd like to take this opportunity to give readers of the Forum a short progress report on the MDMA cancer patient protocol. The FDA has finally reviewed the protocol design one more time and made a series of suggestions. The main thrust of the FDA's comments is to make the study take longer, involve more subjects, move slower from dose level to dose level (meaning more people to receive each dose before we are permitted to start with the next higher dose) and to have elaborate rules about when it is too dangerous to go to higher doses ("stopping rules"). The study will be even more focused on safety than on therapeutic efficacy that it was originally designed. However, at the end of the day, it still looks to me like the FDA will approve the study if we take all these suggestions, which we plan to do since the FDA makes the rules. There is a clear shift to a more cautious, conservative attitude at the FDA since Dr. David Kesler left as Commissioner last year. FDA is going much more slowly in reviewing psychedelic research protocols. In addition, the FDA has hardened its heart concerning medical marijuana research and will no longer review protocols unless NIDA has first agreed to provide marijuana to them- meaning that all protocols have to be reviewed, approved and funded by NIH, an incredibly difficult obstacle course that only MAPS and Dr. Abrams have been able to surmount, and then after 5 1/2 years of effort with the support of some of the top scientists in the world in AIDS research. Furthermore, an important element of getting Donald Abrams' study approved was that the FDA reviewed and approved it PRIOR to NIDA agreeing to supply marijuana. This meant that we were able to say that NIDA was blocking FDA-approved research. Now FDA is acting in accord with NIDA's wishes and will no longer review protocols unless NIDA's convoluted requirement for NIH funding has been obtained. In other words, NIDA Director Dr. Leshner was embarrased once and has taken steps to avoid further challenge by the FDA. There is something to be said for FDA's cautious approach. In particular, I've been thinking about the incredible backlash against the medical use of marijuana lately. For example, House Republicans in Congress just passed out of the Judiciary committee a bill rejecting the medical use of marijuana even if proven effective and rejecting calling for research into the medical use of marijuana, all supposedly which send the wrong signal. Perhaps by following the requirements of the FDA to go very slowly regarding MDMA research, some degree of backlash can be avoided at later stages. Anyway, that's just a thought to try to make me more comfortable with the frustrating changes in approach at FDA. ------------------------------------------------------------------- Study Casts A New Light On Drug Traffic (New York Times News Service Says The Federal Government's First Study To Compare Illicit Heroin And Cocaine Markets In Six US Cities From The Consumer's Perspective, Based On Interviews With 2,056 Arrested Adults Who Tested Positive For Drugs, Was Released Friday By The National Institute Of Justice, A Research Arm Of The Department Of Justice - The Interviews, In Chicago, Portland, San Antonio, San Diego, Washington, And Manhattan, Also Underscore Regional Differences In Patterns Of Drug Use) Date: Wed, 11 Mar 1998 09:57:40 -0500 From: "R. Lake"Subject: MN: US: Wire: Study Casts a New Light on Drug Traffic To: DrugSense News Service Organization: The Media Awareness Project of DrugSense Sender: owner-mapnews@mapinc.org Newshawk: Marcus-Mermelstein Family Source: N.Y. Times News Service Pubdate: Saturday, March 7, 1998 Author: Christopher S. Wren STUDY CASTS A NEW LIGHT ON DRUG TRAFFIC When it comes to getting busted by the police, crack cocaine is the riskiest drug, because crack smokers tend to buy it outdoors, in their own neighborhoods and from a variety of dealers, making them more conspicuous. But powder cocaine can be bought more discreetly, often indoors from a single dealer who caters to his regular customers. Such insights into the drug trade highlight the federal government's first study to compare illicit heroin and cocaine markets in six U.S. cities from the consumer's perspective. The study, based on interviews with 2,056 arrested adults who tested positive for drugs, was released Friday by the National Institute of Justice, a research arm of the Department of Justice. The interviews, in Chicago, Portland, Ore., San Antonio, San Diego, Washington and New York City's Manhattan, also underscore regional differences in patterns of drug use. In Manhattan, where the Police Department has cracked down on quality-of-life misdemeanors as well as drug peddling, nearly two-thirds of crack cocaine users and more than half of heroin users reported that police activity stopped them from buying drugs at least once in the year before their arrest. But in Chicago, 16.7 percent of crack users and 18.8 percent of heroin users said the police had frustrated such a transaction. Only 2.9 percent of crack users and 16.7 percent of heroin users in Washington reported the same failure. Jeremy Travis, director of the Institute of Justice, described the latest study as very important because, he said, ``it helps us understand empirically rather than anecdotally the drug markets in our cities.'' In the United States, Travis said, ``There is no single drug problem; there are many local drug problems.'' He observed, for example, that San Diego had been hit hard by methamphetamine, a stimulant that hardly exists in New York or Washington, where heroin and crack remain most popular. Barry McCaffrey, director of the White House's Office of National Drug Control Policy, which financed the study, said, ``This report hands a new tool to drug treatment providers and police officers, two of the professions which have to deal with drug abuse on a daily front-line basis.'' The six metropolitan areas were selected to study local drug markets because they show the highest rate of heroin use, and substantial levels of cocaine use, among 27 metropolitan areas in the Arrestee Drug Abuse Monitoring program run by the Institute of Justice. The program tracks drug use trends by testing arrested criminal offenders. Travis said the program would be expanded in the next few years to include 75 urban areas and some suburbs and rural areas. K. Jack Riley, the director of the monitoring program and the author of the new study, said, ``One of the most interesting findings is that the arrested drug population will sit down and talk to you about these things.'' He was surprised, he said, that few respondents were worried about being tested for drugs. The arrested offenders answered questions about their drug-buying habits after being promised confidentiality and assured that their admissions would not be used against them. During the 45-minute interview, Riley said, they were rewarded with soft drinks or candy. In Manhattan, 22.5 percent of crack users interviewed said they lived in public housing before their arrests, as against 7.4 percent in Washington and 5.6 percent in Chicago. Only 8.5 percent of Manhattan crack users reported living in a shelter, compared with 11.5 percent in Washington. In balmier San Diego, 16 percent of crack users said they lived on the street, as against 13 percent in Manhattan and 6.7 percent in Chicago. And 35.5 percent of crack users interviewed in Manhattan identified their main source of income as welfare and Social Security checks, as against 17.1 percent in Chicago and 18 percent in Washington. More than half of the crack users arrested in Chicago and Washington said they had full-or part-time jobs, compared with 26.7 percent in Manhattan. Twenty percent of the women who consumed both heroin and powder cocaine said they earned the bulk of their income from prostitution, twice the proportion of all the other female drug users. The survey suggested that one reason that more blacks than whites get arrested for drugs is because they buy it outdoors in their own neighborhoods. ``Whites and Hispanics, on the other hand, are more likely to travel away from their neighborhoods to make their purchases and are more likely to make them indoors,'' it said. ``As a result, drug transactions conducted by blacks may be more visible to law enforcement.'' ------------------------------------------------------------------- Firm Eyes Building Hemp-Processing Plant ('Winnipeg Free Press' Says Consolidated Growers And Processors In Winnipeg Is Planning To Spend At Least $500,000 To Build A Processing Plant For Hemp - Nothing Can Be Done Until March 16 When Health Minister Allan Rock Is Expected To Announce Regulations Decriminalizing Hemp) From: creator@islandnet.com (Matt Elrod) To: mattalk@listserv.islandnet.com Subject: FIRM EYES BUILDING HEMP-PROCESSING PLANT Date: Sat, 07 Mar 1998 01:13:48 -0800 Lines: 26 Source: Winnipeg Free Press Contact: letters@freepress.mb.ca FIRM EYES BUILDING HEMP-PROCESSING PLANT A soon-to-be-legal crop may spawn creation of processing plants in this province. Martin Moravcik, spokesman for the Winnipeg office of Consolidated Growers and Processors, said his firm is looking at spending at least $500,000 to build a processing plant for hemp. Moravcik said no site has been selected, although he noted that areas such as Portage la Prairie, Carman and Morden would be most likely because that's where it's believed the bulk of interested producers farm. He said nothing can be done until March 16 when Health Minister Allan Rock is expected to announce regulations decriminalizing hemp. Commercial hemp contains only 0.3 per cent of the narcotic tetrahydrocannabinol (THC), compared with 15 per cent in marijuana. Moravcik said his firm has been trying to interest farmers in growing hemp.------------------------------------------------------------------- Rebels, Soldiers Battle In Colombian Jungle ('Orange County Register' Says President Ernesto Samper, In The War Zone Friday, Made An Impassioned Plea To Industrialized Countries To Stop 'Selling Weapons And Buying The Drugs That Finance These Belligerent Acts Of War And Death') Date: Sat, 7 Mar 1998 21:41:44 -0800 To: mapnews@mapinc.org From: Olafur BrentmarSubject: MN: Colombia: Rebels,Soldiers Battle In Colombian Jungle Sender: owner-mapnews@mapinc.org Newshawk:John W.Black Pubdate: Sat, 7 Mar 1998 Source: Orange County Register (CA) Section: news - page 30 Contact: letters@link.freedom.com REBELS,SOLDIERS BATTLE IN COLOMBIAN JUNGLE New fighting erupted Friday in a southern Colombian jungle where dozens of soldiers and rebels have died in one of the most violent weeks in 35 years of guerrilla warfare. President Ernesto Samper, in the war zone Friday, made an impassioned plea to industrialized countries to stop "selling weapons and buying the drugs that finance these belligerent acts of war and death." The rebels are stepping up their activities ahead of Sunday's congressional elections. ------------------------------------------------------------------- Colombia Hopeless Against Rebels ('San Francisco Chronicle' Says The Stunning Defeat Inflicted On The Colombian Army By Guerrilla Forces This Week Is Prompting Soul-Searching Throughout The Country As Top Government Officials Acknowledge That The Military Appears To Be Incapable Of Ending The Three-Decades-Old Conflict) Date: Sat, 7 Mar 1998 12:17:44 -0800 To: mapnews@mapinc.org From: Olafur BrentmarSubject: MN: Colombia: Colombia Hopeless Against Rebels Sender: owner-mapnews@mapinc.org Newshawk: "Tom O'Connell" Pubdate: Sat, 7 Mar 1998 Source: San Francisco Chronicle (CA) Page: A 6 (World) Author: John Otis Chronicle Foreign Service Contact: chronletters@sfgate.com Website: http://www.sfgate.com/ COLOMBIA HOPELESS AGAINST REBELS Officials Call Army Incapable of Ending War Against Rebels Bogota -- The stunning defeat inflicted on the Colombian army by guerrilla forces this week is prompting soul-searching throughout the country, as top government officials acknowledge that the military appears to be incapable of ending a three-decades old insurrection. President Ernesto Samper admitted yesterday that Marxist rebels of the Revolutionary Armed Forces of Colombia (FARC] dealt the army "a hard blow" in battles that have raged continuously since Monday in the jungle-covered southern region of Caqueta along the banks of the Caguan River. Only eight of the 140 elite koops attacked by the rebels are known to be alive, and the armed forces have lost radio contact with them. Still, army officials held out hope that the majority have survived. Local authorities said that the army strafed a wide area yesterday, killing 28 civilians in an attempt to drive the rebels out and allow a search for the missing soldiers. The Colombian army, which hasn't won a major battle against the rebels since 1981, is renowned for its poor strategic decisions. A typical debacle occurred last fall, when an army offensive code-named "Destroyer II" was designed to hit the rebel command post in the eastern plains like a mailed fist. The military dropped 326 bombs, launched 35 rockets and fired 84,000 bullets. But the guerrillas escaped, and the only things destroyed were farm houses, corn crops and cows. The sole trophy was one captured rebel. Even off the battlefield, the army is taking hits. It is fiercely criticized by human rights groups for tacitly supporting brutal paramilitary squads, which also fight the rebels but have a primary agenda of committing massacres intended to drive peasants off the land for the benefit of large landowners and drug traffickers. "There is a defeatist attitude in the army, a sense of impotence," said Eduardo Pizarro, a political science professor at Bogota's National University. "The ministers of defense are improvised," he added. "The government names a businessman as minister who doesn't know anything about military affairs. 'There is a total divorce between civilian leadership and military leadership, so there is an absolute inertia and absolute bureaucratization in the management of the armed conflict." That gulf is rooted in Colombia's tradition of keeping the military out of politics as much as possible. In exchange, civilian governments have granted officers vast privileges and virtual autonomy. In the 1950s and '60s, as guerrilla groups sprang up around land issues, the army's dirty-war tactics alienated much of the population. During that time, U.S. advisers became a key influence, providing hardware, training and anti-communist ideology. And in the post Wold-War era, the lack of a strong sense of purpose makes victory even harder to attain. "You need a political vision, not just a military strategy," said Francisco Leal, a former army officer and dean of sociology at the University of the Andes. "But the army's only point of reference is the dirty war and anticommunism. lt has become very backward and today it lacks the capacity to confront the guerrillas." Part of the problem is Colombia's geography. The 120,000 troops are spread over 744,000 square miles, and most are tied up guarding roads, oil pipelines and power plants. That leaves just 30,000 soldiers and 40 helicopters to fight between 10,000 and 15,000 rebels. By comparison, the United States fought with 600,000 troops and 2,000 helicopters in Vietnam, a country one-fifth the size of Colombia, according to Armed Forces chief General Manuel Jose Bonnet. "Our lack of (territorial) coverage is why the guerrillas, the drug traffickers and the paramilitaries move in," Bonett said in an interview. "We need to increase our fighting capacity, but there is no money (in the national budget).... Everyone demands that we win the war, but they don't back us up." Samper's own shaky standing, stemming from accusations that he accepted $6.6 million in drug money for his 1994 campaign, prevents him from being much help. A poll released yesterday in Bogota's El Espectador newspaper showed that 28 percent of those polled regard him as the leading cause of Colombia's troubles, compared with just 16 percent who blame the guerrillas. The FARC and the second major rebel group, the National Liberation Army, or ELN, are now present in half of Colombia's 1,071 municipalities. They finance their war by collaborating with drug traffickers, kidnapping and extorting money from foreign companies. They rarely engage the army in conventional battles, relying instead on hit-and-run attacks. "It's called 'flea-jumping' because they move all over the place, biting here, biting there, and that spreads the army across the country and weakens it," said Gonzalo de Francisco, a commentator at the Bogota station Radionet. A largely peasant army, the guerrilla foot soldiers earn more than army conscripts, are better trained and have more patience. "The concept of time is different for peasants. The FARC and ELN have an absolute Maoist conviction in the prolonged 'people's war.' They never despair," said Teofilo Vasquez, a sociologist with the Center for Investigation and Popular Education in Bogota. I Against more sophisticated foes, the army has fared better. I In the 1980s, it crippled the rebel group M-l9, in part because that insurgency was made up of university intellectuals in urban cells that while clandestine were easier to locate. "The M-l9 fought directly against the army," Bonett said, whereas the FARC and ELN "hit and then hide in the mountains.... They never show their faces." But Leal says the army's problem is one of quality, not quantity. He said the officer corps is topheavy with "chairborne" generals who have little contact with the troops-most of whom are raw recruits earning just $50 a month. Leal suggests abolishing the draft and forming a professional army of about 60,000 counterinsurgency specialists. For now, however, several thousand paramilitary fighters have moved into the vacuum and have dealt major blows to the guerrillas. Their tactics include terrorizing communities and killing civilians thought to be rebel supporters. Investigators say that in some cases the military has provided the paramilitaries with intelligence and logistical support-accusations that have sullied the army's reputation at home and abroad. ------------------------------------------------------------------- [End]
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