Category: war on drugs

Why is Jeremiah Paul Disnard still locked up?

By Melanie Wilmoth and Alan Bean

Jeremiah Paul Disnard was arrested on April 2, 2008.  He claims he was framed.

According to a letter Friends of Justice recently received from Disnard, shortly after he was arrested drugs were planted on his person in the back of a Dallas Police Department (DPD) patrol car by the arresting officers (Officers David Nevitt, David Durica, Jerry Dodd, Frank Poblez, and Sgt. Randy Sundquist). According to Disnard, the patrol car had both a “dash cam” and a camera facing the backseat of the car. However, the officers testified that the cameras were “malfunctioning” at the time of Disnard’s arrest.

Friends of Justice gets several letters making similar claims every week, but there is rarely anything we can do.  Once a defendant has been convicted, uncorroborated claims are legally worthless.

But Disnard’s case is different.

His story follows a familiar pattern (more…)

Baptist scholar reviews Taking out the Trash in Tulia, Texas

This review of Taking out the Trash in Tulia, Texas appears in the current issue of Christian Ethics Today, a journal published for pastors and ethicists on the thoughtful end of the Baptist spectrum.  Dr. Larry McSwain was Professor of Church and Community, Dean of the School of Theology and Provost of The Southern Baptist Theological Seminary from 1970-1993.  Since 2003, he has been Associate Dean of the Doctor of Ministry Degree Program and Professor of Leadership at the McAfee School of Theology in Atlanta, GA. 

Alan Bean, Taking Out the Trash in Tulia, Texas. DeSoto, TX: Advanced Concept Design Books, 2010.

This is a difficult book to read.  It is difficult not because of the vocabulary, the writing style, nor overblown conceptualization.  Its content is shocking, earthy, and so realistic as to surprise most Christian Ethics Today readers. It is difficult to accept the reality of the story told here, but it is a story that can be repeated across communities of the nation, large and small.

Alan Bean collected dozens of vignettes of events surrounding the arrest for drug dealing of nineteen black residents of Tulia, Texas in 1999.  There were 132 indictments in the Texas panhandle generated by the testimony of an undercover policeman named Tom Coleman.  Some in the community were incredulous that there could be that many drug dealers in the relatively small, poor black community of Tulia.  The saga of the surprise arrests in the early morning that brought defendants to the court house in various stages of undress soon moved to the courtroom where incompetent defense attorneys, suspect legal procedures, and dominant white juries assured the conviction and excessive sentencing for each.

The characters of the book could be taken out of a Flannery O’Connor short story.  Joe Moore is an older black hog farmer who is a key leader in the community arrested with the group and sentenced to 90 years in prison.  Gary Gardner, an overweight, arthritic “redneck” wheat farmer with an uncontrollable foul mouth is a long-time advocate of civil rights, offended by the treatment of blacks in Tulia, and enters the fray for justice.  Alan Bean is a central character in the book: a Canadian with a Ph.D. in church history, married into the Kiker clan of Tulia, a guitarist and composer of folk music, he becomes a central opponent of the criminal justice process at great person sacrifice for himself and his family. 

In response to the multiple convictions with little due process for the black residents of Tulia, Bean and his family, Gardner, Charles and Patricia Kiker and leaders of the black community form Friends of Justice to take up the cause for black defendants labeled “scumbags” in the local press.  The knowledge of networking skills of this leadership group of Friends of Justice soon has locals organized for protests at the state capital in Austin and drawing the national press and civil justice organizations to Swisher County to challenge the veracity of Tom Coleman and the justice process.  After years of effort, the details of which require reading the book, Coleman’s credibility was challenged, convictions were overturned, and the Texas justice system paid heavy judgments to the defendants and their attorneys.

Dr. Larry McSwain

This is a book worth reading for its analyses on multiple levels of insight.  It is a remarkable analysis of the social changes affecting American agriculture with the consequences of growing racial polarization in small towns.  Its anthropological insights into the black culture of a small community and the interactions between black and white neighbors are on the level of classic studies such as Street Corner Society.  The impact of a few dissenters to the dominant ethos with all of the conflict it generated in the community is a study in community change and the power of a determined few. The role of small town newspapers is analyzed historically in both positive and negative ways. The attention of national media in bringing pressure on local entities is a case study in the importance of outside resources to create change.  And finally, the role of a few families with deep community roots who choose to live against the grain of the community’s values and the costs paid for their stubbornness is worthy of study by those who would be prophets of change in their own hometown.

Larry L. McSwain, McAfee School of Theology

          

NYPD detective admits to fabricating drug buys to meet arrest quotas

Already in the spotlight for its racially biased “stop and frisk” tactics, the NYPD took another hit when Stephen Anderson, a former narcotics detective, admitted to falsifying drug buys and planting drugs on innocent people to meet arrest quotas. Based on Anderson’s testimony, NYPD supervisors put significant pressure on narcotics officers to meet buy-and-bust quotas. Check out the New York Daily News’ report on the issue below. MW

We fabricated drug charges against innocent people to meet arrest quotas, former detective testifies

by John Marzulli

A former NYPD narcotics detective snared in a corruption scandal testified it was common practice to fabricate drug charges against innocent people to meet arrest quotas.

The bombshell testimony from Stephen Anderson is the first public account of the twisted culture behind the false arrests in the Brooklyn South and Queens narc squads, which led to the arrests of eight cops and a massive shakeup.

Anderson, testifying under a cooperation agreement with prosecutors, was busted for planting cocaine, a practice known as “flaking,” on four men in a Queens bar in 2008 to help out fellow cop Henry Tavarez, whose buy-and-bust activity had been low.  (more…)

We need a new vision

Paul Krugman thinks Washington should drop its phoney preoccupation with things like debt and inflation and get down to the real issue–employment.

I agree.  Unfortunately, the political-economic tides have been running in the other direction for over three decades.  Between 1932 and 1980, American presidents tried to bring the nation as close to full employment as possible–it was their primary preoccupation.  In his book, The Great Inflation and Its Aftermath: The Past and Future of American Affluence, Washington Post economics columnist Robert Samuelson argues that everything changed for the better following the recession of 1980.  The goal of full employment was replaced by the goal of stimulating economic growth by controlling inflation and creating a corporate-friendly environment.  (more…)

Marlowe: The Unrepentant South

I first met Lara Marlowe of the Irish Times in 2004 when she was crisscrossing the country researching stories on George W. Bush’s America.  Since then, she has been following the Friends of Justice blog and occasionally references my opinionated outbursts in her articles. 

Marlowe is now stationed in Washington DC and writes about America for an Irish audience.  Her column on the Neo-Confederate movement is the first of a series of articles on race, the South and the heritage of the civil rights movement.  (She contacted me while I was in Meridian, MS and I put her in touch with some allies who should be featured later in the week.) (more…)

Movement building in an age of scarcity

By Alan Bean

How do we organize in a world of steadily declining resources?  It isn’t just that non-profit organizations are struggling to stay afloat; the economy of the United States has entered a period of decline that will not end in your lifetime or mine.  Dissidents are good at critiquing what is; we aren’t always adept at anticipating what will be.  We can no longer proscribe solutions rooted in the assumption of ever-expanding national wealth.  Storm clouds are gathering on the economic horizon. (more…)

Federal law scales back crack sentences

By Victoria Frayre

It’s official. Well . . .  almost. With the passing of the Fair Sentencing Act of 2010, which ultimately admitted how big of a FAIL the “War onDrugs” has been, the U.S. Sentencing Commission has decided to retroactively apply the law to inmates convicted of federal crack related crimes prior to 2010. Unless Congress intervenes by October, retroactively applying the law could potentially reduce sentences for some 12 thousand federal inmates, 85% ofwhom are African-American.

The average reduced sentence will cut off approximately 3 years of jail time for most inmates, although a judge and lawyer, most of whom are public defenders, will bear the brunt of pushing paperwork through thecourts for prisoners seeking reductions. And what about violent crack relatedoffenders? How will releasing convicts back into society effect the safety ofthe general public? What about recidivism rates of freshly released prisoners? Will most released prisoners end up back in jail? (more…)

Jimmy Carter: Call Off the Global Drug War

This op-ed in the NY Times from President Jimmy Carter speaks for itself.  Now, if we can just get Bill Clinton to admit that he extended Ronald
Reagan’s militaristic solution to the drug probelm, we might be getting somewhere.  AGB

Call Off the Global Drug War

By JIMMY CARTER
Published: June 16, 2011

//

Atlanta

IN an extraordinary new initiative announced earlier this month, the Global Commission on Drug Policy has made some courageous and profoundly important recommendations in a report on how to bring more effective control over the illicit drug trade. The commission includes the former presidents or prime ministers of five countries, a former secretary general of the United Nations, human rights leaders, and business and government leaders, including Richard Branson, George P. Shultz and Paul A. Volcker.

The report describes the total failure of the present global antidrug effort, and in particular America’s “war on drugs,” which was declared 40 years ago today. It notes that the global consumption of opiates has increased 34.5 percent, cocaine 27 percent and cannabis 8.5 percent from 1998 to 2008. Its primary recommendations are to substitute treatment for imprisonment for people who use drugs but do no harm to others, and to concentrate more coordinated international effort on combating violent criminal organizations rather than nonviolent, low-level offenders.

These recommendations are compatible with United States drug policy from three decades ago. In a message to Congress in 1977, I said the country should decriminalize the possession of less than an ounce of marijuana, with a full program of treatment for addicts. I also cautioned against filling our prisons with young people who were no threat to society, and summarized by saying: “Penalties against possession of a drug should not be more damaging to an individual than the use of the drug itself.”

These ideas were widely accepted at the time. But in the 1980s President Ronald Reagan and Congress began to shift from balanced drug policies, including the treatment and rehabilitation of addicts, toward futile efforts to control drug imports from foreign countries.

This approach entailed an enormous expenditure of resources and the dependence on police and military forces to reduce the foreign cultivation of marijuana, coca and opium poppy and the production of cocaine and heroin. One result has been a terrible escalation in drug-related violence, corruption and gross violations of human rights in a growing number of Latin American countries.

The commission’s facts and arguments are persuasive. It recommends that governments be encouraged to experiment “with models of legal regulation of drugs … that are designed to undermine the power of organized crime and safeguard the health and security of their citizens.” For effective examples, they can look to policies that have shown promising results in Europe, Australia and other places.

But they probably won’t turn to the United States for advice. Drug policies here are more punitive and counterproductive than in other democracies, and have brought about an explosion in prison populations. At the end of 1980, just before I left office, 500,000 people were incarcerated in America; at the end of 2009 the number was nearly 2.3 million. There are 743 people in prison for every 100,000 Americans, a higher portion than in any other country and seven times as great as in Europe. Some 7.2 million people are either in prison or on probation or parole — more than 3 percent of all American adults!

Some of this increase has been caused by mandatory minimum sentencing and “three strikes you’re out” laws. But about three-quarters of new admissions to state prisons are for nonviolent crimes. And the single greatest cause of prison population growth has been the war on drugs, with the number of people incarcerated for nonviolent drug offenses increasing more than twelvefold since 1980.

Not only has this excessive punishment destroyed the lives of millions of young people and their families (disproportionately minorities), but it is wreaking havoc on state and local budgets. Former California Gov. Arnold Schwarzenegger pointed out that, in 1980, 10 percent of his state’s budget went to higher education and 3 percent to prisons; in 2010, almost 11 percent went to prisons and only 7.5 percent to higher education.

Maybe the increased tax burden on wealthy citizens necessary to pay for the war on drugs will help to bring about a reform of America’s drug policies. At least the recommendations of the Global Commission will give some cover to political leaders who wish to do what is right.

A few years ago I worked side by side for four months with a group of prison inmates, who were learning the building trade, to renovate some public buildings in my hometown of Plains, Ga. They were intelligent and dedicated young men, each preparing for a productive life after the completion of his sentence. More than half of them were in prison for drug-related crimes, and would have been better off in college or trade school.

To help such men remain valuable members of society, and to make drug policies more humane and more effective, the American government should support and enact the reforms laid out by the Global Commission on Drug Policy.

Jimmy Carter, the 39th president, is the founder of the Carter Center and the winner of the 2002 Nobel Peace Prize.

David Simon offers to make a new season of ‘The Wire’ if the feds end their drug war

Eric Holder and stars of 'The Wire' discuss endangered children.Attorney General Eric Holder recently appeared with several actors from the HBO series ‘The Wire’ to discuss the plight of children exposed to the drug culture.  It seems the program, co-produced by David Simon and Ed Burns, is a real hit at the Justice Department.  President Obama is also a big fan.  In fact, AG Holder is so impressed with The Wire he ordered Simon and Burns to produce at least one additional season.

“I want to speak directly to Mr. Burns and Mr. Simon. Do another season of ‘The Wire.’ That’s actually at a minimum….if you don’t do a season, do a movie. We’ve done HBO movies; this is a series that deserves a movie. I want another season or I want a movie. I have a lot of power Mr. Burns and Mr. Simon.” (more…)