Skip to Content

Latest News

US CO: 1,000 Veterans Line Up For Free Marijuana

Top Stories (MAP) - Mon, 09/29/2014 - 07:00
Boston Globe, 29 Sep 2014 - COLORADO SPRINGS (AP) - A marijuana giveaway for veterans attracted about 1,000 people to a Colorado hotel. The Operation Grow 4 Vets giveaway in Colorado Springs aimed to bring cannabis-based treatments to veterans with service-related conditions as an alternative to pain medications.
Categories: Latest News

US FL: Marijuana Amendment On The Bubble Of Approval

Top Stories (MAP) - Sat, 09/27/2014 - 07:00
Tallahassee Democrat, 27 Sep 2014 - Florida's pending constitutional amendment that could allow the sale, purchase and use of medical marijuana is on the bubble of the voter support needed in November for it to be approved. The 75-word Amendment 2 question asks voters decide if individuals with debilitating diseases may get medical marijuana from a licensed Florida physician.
Categories: Latest News

Chronicle AM: OR Marijuana Poll, Colombia Drug Accord, Big Philly Drug Case Dismissal, More (9/26/14)

Drug War Chronicle - Fri, 09/26/2014 - 20:16

A new poll is surely leading to nail-biting in Oregon, a dirty narc is costing Philadelphia prosecutors dozens of drug cases, Colombia reveals details on drug accords with the FARC, a Canadian drug policy rally is coming next week, and more. Let's get to it:

[image:1 align:right caption:true]Marijuana Policy

Latest Oregon Poll Has Initiative at 44%. A new SurveyUSA poll has support for the Measure 91 marijuana legalization initiative at 44%, with 40% opposed, and 16% undecided. The high number of undecideds may be an artifact of the way the poll question was asked -- it asked if voters were "certain" to vote for or against the measure. An even split among undecideds would result in passage of the initiative. This is a decline from an August SurveyUSA poll, which had the measure at 51%, but the questions were worded slightly differently in the two polls. Click on the links for more poll details.

Law Enforcement

Philadelphia Judge Dismisses 59 Drug Cases Involving Dirty Narc. The cases involved former narcotics officer Jeffrey Walker, who has been convicted of plotting to rob drug dealers. That brings to 160 the number of cases involving Walker that have been vacated since he was indicted in May 2013. Another 58 cases remain open. Walker is now cooperating in a broader probe of the narcotics unit, where six officers were charged in July with robbing, beating, and kidnapping drug suspects.

International

Colombia Reveals Details on Drug Policy Treaty Provisions With FARC. Colombia Reports has an in-depth look at the drug provisions in the work-in-progress peace negotiations between the Colombian government and the leftist rebels of the FARC. A preliminary agreement was released Wednesday in the face of criticism over the lack of transparency in the process. The two sides have agreed on national-level programs to conduct consensual illicit crop substitution, address drug use through a public health approach, and beef up law enforcement to combat criminal groups involved in drug trafficking. Click on the link for much more.

Mexican Congressman Assassinated By Drug Cartel. Prosecutors in the state of Jalisco are saying they believe Dip. Gabriel Gomez Michel, who was abducted from a highway on the outskirts of Guadalajara on Monday, was most likely killed by a drug cartel. The bodies of Gomez and his driver were found in his burned out vehicle on Tuesday and positively identified on Wednesday. Prosecutors are pointing the finger at the Jalisco New Generation Cartel, a relatively new entrant in the cartel wars.

Mexico Arrests Eight Soldiers in Apparent Execution of Drug Gang Suspects. Seven soldiers and their commander have been arrested over the killing of 22 suspected drug gang members in a June 30 incident in the village of San Pedro Limon in Mexico state. The army had said the victims died in a fire fight with soldiers, but witnesses said they were killed in cold blood, and further suspicions were raised by the one-sided nature of the conflict. Only one soldier was slightly injured. Witnesses said only one person died in an initial confrontation; the rest were killed after surrendering. The army said they were members of La Familia Michoacana.

Canada First Annual National Drug Reform Rally Set for Tuesday. The first Annual National Rally for Canadian Drug Policy Reform will take place September 30 in Ottawa. A day earlier, proponents will meet with members of parliament to discuss evidence-based drug policy reforms. The rally is sponsored by the Canadian Drug Reform Network, the Canadian Harm Reduction Coalition, and Canada NORML, among others. Click on the link for more information.

Categories: Latest News

Did Miami Police Wrongfully Execute Four, Including Their Informant? [FEATURE]

Drug War Chronicle - Fri, 09/26/2014 - 13:57

special to the Chronicle by Clarence Walker, cwalkerinvestigate@gmail.com

Part II of his series on ATF Fake Drug Stings Across America.

[image:1 align:right]During the 1980s, Miami was a rich, glittering, southern city, awash in cocaine, and all sorts of other illegal drugs. The drug scene was so heavy and dangerous, its real-life drama inspired the popular Miami Vice TV series and the classic movie Scarface, as well as the more recent Cocaine Cowboy, an award-winning documentary based on the city's cocaine trafficking scene.

Today, Miami is no longer in the spotlight, but the drug business is still booming. And now there's a new twist: Law enforcement has made the dangerous world of the illicit drug trade even more dangerous by creating schemes to deceive would-be players into robbing drug trafficking stash houses that don't exist, setting up confrontations between robbers and police or robbers and homeowners over crimes cooked up by law enforcement itself.

The "fake robbery sting" is the brainchild of the Bureau of Alcohol, Tobacco & Firearms (ATF), and the pro-active tactic has proven wildly popular, with state and local law enforcement agencies across the country engaging in the stings, particularly in the inner cities. In Miami, the results have included the mass killings of suspects by police SWAT teams under highly questionable circumstances.

A 2011 "fake robbery sting" that left four people dead -- including a police informant -- gunned down by a Miami-Dade SWAT team, has brought the program into harsh relief. Tricked by an informant into believing the residence was loaded with marijuana and large amounts of cash, the four men showed up armed and wearing ski masks.

SWAT officers shot and killed all four of them, including informant Rosendo Betancourt-Garcia, 39, an ex-con who helped police set up the sting. Also killed by police were Roger Gonzalez-Valdez Sr., age 52, Jorge Lemus, 39, and Antonio Andrew, 36.

A fifth suspect Gonzalez-Valdez Jr., the son of Roger Gonzalez-Valdez Sr., was the only survivor. Police arrested him at the scene in the getaway vehicle, an Cadillac Escalade located outside the targeted residence. Gonzalez- Valdez Jr. later pled guilty to a litany of brutal home invasion robberies and got 27 years in federal prison.

[image:2 align:left caption:true]Prosecutors investigated the killings, but got little cooperation from the SWAT team. Of the 11 officers involved in the mass killing, only four -- one from each fatal scene -- agreed to give statements to investigators, and only as long as no prosecutors were present. The other seven officers refused to give statements.

Prosecutors decided not to prosecute any of the police involved, making it clear as they did that they were frustrated by their inability to bring charges and that they believed serious police misconduct was involved. Especially damning to police was the State Attorney's Office (SAO) memorandum on the resolution of the case. The SAO report found one killing justified, but barely minced words about the rest of the lethal operation and police cooperation with investigators:

"Due to a number of unusual, counter-intuitive, suspicious and/or disturbing factors present in the other three shootings, we cannot state definitively that those shootings were legally justified. Nevertheless, because we do not have evidence beyond a reasonable doubt to disprove the version of events given by the three officers and are thus compelled to accept their testimony as truthful [bolding and italics in original],… there is insufficient evidence to prove an unlawful killing of Rosendo Betancourt-Garcia, Antonio Andrew, or Roger Gonzalez-Valdez Sr. by any of the other 10 officers involved in the events of June 30, 2011."

That claim of legal compulsion drew a scoffing rebuke from Jeanne Baker, an attorney for the ACLU of Florida. "There's no rule of law that says that the prosecutors when evaluating a case are compelled to accept as truthful the testimony of the subject of the investigation," she told Miami NBC 6 News.

The SAO report further accused the officers of lying to investigators, moving dead bodies, and possibly planting evidence. The shootings were so disturbing that the State Attorneys went so far as to say "the officers weren't necessarily innocent."

The prosecutors' outrage was palpable, but what really lit up the city was the release by NBC 6 News of a video tape from a police helicopter's infrared camera that showed a replay of the men shot multiple times, although it appeared the men had not fired a shot at the officers and actually had surrendered.

Confronted with the now public video evidence, Miami police officials went on the offensive, expressing resentment that NBC Channel 6 got access to the secret police helicopter surveillance video. Miami-Dade Police Director J.D. Patterson asked the State Attorney's Office to investigate how the video tape showing the shootings fell into the hands of reporters.

A police spokesman said the informant, Rosendo Betancourt, defied officers' orders not to go onto the property, and that the officers, hidden in the dark, said it appeared the would-be robbers were trying to reach for weapons.

But consider the case of Gonzalez-Valdez Sr. The one weapon -- fully loaded -- that was allegedly his was located a few yards from where his body was found. Police had shot him 40 times as cowered against a tree in the fetal position. Police did not explain how Gonzalez-Valdez was threatening them with a weapon yards away from him.

Police officials also complained about the release of information in a State Attorney's Office report revealing that Betancourt, had been wearing a well-disguised audio wrist watch to record conversations. Betancourt could be seen wearing the watch during a surveillance video recorded earlier on June 30, 2011, the day of the killings.

Betancourt had been given code words to signal to police that he was their informant, and the audio surveillance from his watch would have showed whether or not he did so. But the audio wrist watch somehow went missing.

"That would've been a critical piece of evidence," said Jose Arrojo, a Chief Assistant at the State's Attorney Office.

Although police managed to thwart any attempt to prosecute them, the taxpayers of Miami-Dade have not been so fortunate. In July, the city agreed to pay $600,000 to the families of three of the men to settle a deadly force lawsuit. Betancourt's family didn't settle, and their lawsuit against the city remains pending.

The Redland sting -- named after the neighborhood where it went down -- remains one of the bloodiest episodes in a city that has seen its share of questionable police killings. And it raises serious questions about police misconduct and impunity.

"Are there questions marks? Of course. There are too many questions marks," State Attorney Katherine Fernandez-Rundle admitted in an interview with Miami's NBC Channel 6.

Fernandez-Rundle said it was reasonable to conclude that based on the evidence that the officers acted with negligence and may have violated proper police procedures by shooting the men, particularly when an analysis of audio recording of the shooting proved "definitely" that six of the officers did not hear a gunshot from one of the dead men, nor did anyone find a rifle belonging to any of the men, as reported by an officer who said Jorge Lemus had a rifle.

Fernandez-Rundle also cited as another factor in her decision not to file charges a Florida appeals court decision that, she said, held "that any violation of police procedures and training is not admissible as evidence in criminal cases."

"The cops violated his civil rights," Jesse Dean-Kluger, an attorney involved in the lawsuit filed on behalf of Antonio Andrew, told the Miami New Times in 2012. Dean-Kluger argued the cops led the men into a scheme to expect an armed confrontation with drug dealers.

Deadly Operation: An Informant Comes Forward

So where did everything began in the first place? While most people snitch to avoid going to prison or for the easy money, police said Betancourt walked into a Miami-Dade robbery detail in June 2011 out of a sense of moral duty. He told a harrowing tale about being "sick and tired" of extreme violence inflicted on victims by a group of brutal home-invasion robbers.

Betancourt said the violence carried out by the men he knew personally included savage beatings, the cutting of one man's scrotum, using a hammer to pound the toes and fingers of the victims, cutting off fingers, and issuing threats to cut off childrens' fingers to force parents to reveal hidden valuables and money.

Police investigators questioned Betancourt as to how he knew so much about the crimes, Betancourt explained the men regularly sold him the stolen goods that were taken during the robberies. He identified Roger Gonzalez Valdez Sr., Jorge Lemus, Antoinio Lewis and Gonzalo-Valdez Jr. -- as the men responsible for the violent robberies Miami-Dade cops were already investigating.

Police developed a scheme to Betancourt as an informant to lure the men into a plot to rob a drug dealer's marijuana stash house in Redland, a suburb of Miami.

[image:3 align:left caption:true]Between 8:00pm and 8:30pm on June 30, 2011, the men arrived at the "fake drug house" located at 18930-216th Street SW in Redland. Once the men agreed on an entry plan, they cut through a fence to reach the house -- and as they trudged closer; suddenly, police snipers, hidden among the shadows, armed with Colt M4 Commando assault rifles, stormed out from different directions in the dark to pursue the men who, now aware they'd been set up, scattered throughout the property. It is unclear if the officers commanded the men to "halt," but officers fired upon each suspect.

The first suspect killed, an armed Jorge Lemus, was shot to death while crouching down behind a vehicle. Informant Rosendo Betancourt died next in a hail of bullets. An overhead police helicopter infrared camera captured Betancourt surrendering to police with his hands up in the air. Next, police ordered Betancourt to lie on the ground, and crawl towards the officers. Betancourt complied.

The SAO report stated Sergeant Manuel Malgor then ordered Betancourt to turn over, and at this point, according to Malgor, this is when the informant got blasted 23 times -- just as it appeared to Malgor that Betancourt reached for his gun. Indeed a weapon was found in Betancourt's waistband but the lawyers representing Betancourt's family suspected the police planted the gun.

They had other questions, too. Why didn't Betancourt utter the code word assigned by police: "I'm heading to Disney World -- or help!" And what happened to the missing audio watch that Betancourt was wearing to record conversations between himself, the police and the robbers, a watch that could be clearly seen that he was wearing during the "real time" surveillance -- only a few hours before he was killed.

Aerial video footage did not actually capture Sgt. Malgor and fellow officers shooting Betancourt, thus, the prosecutors said, they "could not disprove the Sergeant's story," but they seriously questioned why the officer did not handcuff Betancourt as he laid on his stomach.

"The police let him down," a family member lamented.

Antonio Andrew was shot a dozen times while lying on the ground. Again, the officers claimed Andrew reached for a gun, although State prosecutors determined the officers gave contradictory orders.

For example, one officer hollered at Andrew, "Don't move your hands, and let me see your hands underneath your waistband." When Andrew obeyed the second command, an officer said Andrew made a quick movement towards his waist area. And this is when officers fired a dozen shots, killing Andrew instantly.

When a NBC Channel 6 reporter asked Assistant State Attorney Don Horn how someone can make a simultaneous move for his waistband -- when an officer said Andrew's hands were already in his waistband, Horn replied in disgust, "I don't know. It made no sense to me."

Even more disturbing, Horn wasn't able to question the officer (why) he gave obvious conflicting commands or ask the officer any other question because the officers, as mentioned earlier, would only speak to investigators if no prosecutor was present.

Roger Gonzalez-Valdez Sr. either dropped or discarded his gun as he tried to flee the scene. Police eventually found Gonzalez cowering at the base of a tree. The officer seen on the released video behind the tree with Gonzalez's "back" to him said in his statement that Gonzalez made a quick move into his waistband, a move that allegedly forced the officers to open fire, striking Gonzalez 40 times out of 50 shots fired.

But prosecutors question whether the officer had a good view of Gonzalez near the tree, as the officer claimed. "Our repeated reviews of the video caused us to question whether the officer... was even in a position to see what he saw," the attorneys wrote.

State prosecutors also said the evidence showed that officers moved Gonzalez-Valdez's body after they shot him dead. Here's why prosecutors suspected this: a black hand-held police radio was found in Gonzalez's hand.

"We have a system of justice that require apprehension, prosecution, conviction and sentencing," said attorney Justin Leto of Miami, who handled the wrongful death lawsuit for Jorge Lemus and Antoinio Andrew. "I don't see any evidence indicating these people needed to be shot on sight," Leto said.

Justin Leto's brother Matthew is representing the Betancourt family in its pending federal lawsuit.

"The police did not take care of Mr. Betancourt like they promised," said Matthew Leto.

That lawsuit appears to be the end of the story. Four men are dead -- gunned down by police in an operation more reminiscent of an elite military anti-terror raid than of what we traditionally think of as civilian law enforcement -- and there is no legal accountability. Impunity is something we criticize in heavy-handed Latin American or Middle Eastern governments, but perhaps we need to look in the mirror.

Categories: Latest News

Did Miami Police Wrongfully Execute Four, Including Their Informant? [FEATURE]

Top Stories (STDW) - Fri, 09/26/2014 - 13:57

special to the Chronicle by Clarence Walker, cwalkerinvestigate@gmail.com

Part II of his series on ATF Fake Drug Stings Across America.

[image:1 align:right]During the 1980s, Miami was a rich, glittering, southern city, awash in cocaine, and all sorts of other illegal drugs. The drug scene was so heavy and dangerous, its real-life drama inspired the popular Miami Vice TV series and the classic movie Scarface, as well as the more recent Cocaine Cowboy, an award-winning documentary based on the city's cocaine trafficking scene.

Today, Miami is no longer in the spotlight, but the drug business is still booming. And now there's a new twist: Law enforcement has made the dangerous world of the illicit drug trade even more dangerous by creating schemes to deceive would-be players into robbing drug trafficking stash houses that don't exist, setting up confrontations between robbers and police or robbers and homeowners over crimes cooked up by law enforcement itself.

The "fake robbery sting" is the brainchild of the Bureau of Alcohol, Tobacco & Firearms (ATF), and the pro-active tactic has proven wildly popular, with state and local law enforcement agencies across the country engaging in the stings, particularly in the inner cities. In Miami, the results have included the mass killings of suspects by police SWAT teams under highly questionable circumstances.

A 2011 "fake robbery sting" that left four people dead -- including a police informant -- gunned down by a Miami-Dade SWAT team, has brought the program into harsh relief. Tricked by an informant into believing the residence was loaded with marijuana and large amounts of cash, the four men showed up armed and wearing ski masks.

SWAT officers shot and killed all four of them, including informant Rosendo Betancourt-Garcia, 39, an ex-con who helped police set up the sting. Also killed by police were Roger Gonzalez-Valdez Sr., age 52, Jorge Lemus, 39, and Antonio Andrew, 36.

A fifth suspect Gonzalez-Valdez Jr., the son of Roger Gonzalez-Valdez Sr., was the only survivor. Police arrested him at the scene in the getaway vehicle, an Cadillac Escalade located outside the targeted residence. Gonzalez- Valdez Jr. later pled guilty to a litany of brutal home invasion robberies and got 27 years in federal prison.

[image:2 align:left caption:true]Prosecutors investigated the killings, but got little cooperation from the SWAT team. Of the 11 officers involved in the mass killing, only four -- one from each fatal scene -- agreed to give statements to investigators, and only as long as no prosecutors were present. The other seven officers refused to give statements.

Prosecutors decided not to prosecute any of the police involved, making it clear as they did that they were frustrated by their inability to bring charges and that they believed serious police misconduct was involved. Especially damning to police was the State Attorney's Office (SAO) memorandum on the resolution of the case. The SAO report found one killing justified, but barely minced words about the rest of the lethal operation and police cooperation with investigators:

"Due to a number of unusual, counter-intuitive, suspicious and/or disturbing factors present in the other three shootings, we cannot state definitively that those shootings were legally justified. Nevertheless, because we do not have evidence beyond a reasonable doubt to disprove the version of events given by the three officers and are thus compelled to accept their testimony as truthful [bolding and italics in original],… there is insufficient evidence to prove an unlawful killing of Rosendo Betancourt-Garcia, Antonio Andrew, or Roger Gonzalez-Valdez Sr. by any of the other 10 officers involved in the events of June 30, 2011."

That claim of legal compulsion drew a scoffing rebuke from Jeanne Baker, an attorney for the ACLU of Florida. "There's no rule of law that says that the prosecutors when evaluating a case are compelled to accept as truthful the testimony of the subject of the investigation," she told Miami NBC 6 News.

The SAO report further accused the officers of lying to investigators, moving dead bodies, and possibly planting evidence. The shootings were so disturbing that the State Attorneys went so far as to say "the officers weren't necessarily innocent."

The prosecutors' outrage was palpable, but what really lit up the city was the release by NBC 6 News of a video tape from a police helicopter's infrared camera that showed a replay of the men shot multiple times, although it appeared the men had not fired a shot at the officers and actually had surrendered.

Confronted with the now public video evidence, Miami police officials went on the offensive, expressing resentment that NBC Channel 6 got access to the secret police helicopter surveillance video. Miami-Dade Police Director J.D. Patterson asked the State Attorney's Office to investigate how the video tape showing the shootings fell into the hands of reporters.

A police spokesman said the informant, Rosendo Betancourt, defied officers' orders not to go onto the property, and that the officers, hidden in the dark, said it appeared the would-be robbers were trying to reach for weapons.

But consider the case of Gonzalez-Valdez Sr. The one weapon -- fully loaded -- that was allegedly his was located a few yards from where his body was found. Police had shot him 40 times as cowered against a tree in the fetal position. Police did not explain how Gonzalez-Valdez was threatening them with a weapon yards away from him.

Police officials also complained about the release of information in a State Attorney's Office report revealing that Betancourt, had been wearing a well-disguised audio wrist watch to record conversations. Betancourt could be seen wearing the watch during a surveillance video recorded earlier on June 30, 2011, the day of the killings.

Betancourt had been given code words to signal to police that he was their informant, and the audio surveillance from his watch would have showed whether or not he did so. But the audio wrist watch somehow went missing.

"That would've been a critical piece of evidence," said Jose Arrojo, a Chief Assistant at the State's Attorney Office.

Although police managed to thwart any attempt to prosecute them, the taxpayers of Miami-Dade have not been so fortunate. In July, the city agreed to pay $600,000 to the families of three of the men to settle a deadly force lawsuit. Betancourt's family didn't settle, and their lawsuit against the city remains pending.

The Redland sting -- named after the neighborhood where it went down -- remains one of the bloodiest episodes in a city that has seen its share of questionable police killings. And it raises serious questions about police misconduct and impunity.

"Are there questions marks? Of course. There are too many questions marks," State Attorney Katherine Fernandez-Rundle admitted in an interview with Miami's NBC Channel 6.

Fernandez-Rundle said it was reasonable to conclude that based on the evidence that the officers acted with negligence and may have violated proper police procedures by shooting the men, particularly when an analysis of audio recording of the shooting proved "definitely" that six of the officers did not hear a gunshot from one of the dead men, nor did anyone find a rifle belonging to any of the men, as reported by an officer who said Jorge Lemus had a rifle.

Fernandez-Rundle also cited as another factor in her decision not to file charges a Florida appeals court decision that, she said, held "that any violation of police procedures and training is not admissible as evidence in criminal cases."

"The cops violated his civil rights," Jesse Dean-Kluger, an attorney involved in the lawsuit filed on behalf of Antonio Andrew, told the Miami New Times in 2012. Dean-Kluger argued the cops led the men into a scheme to expect an armed confrontation with drug dealers.

Deadly Operation: An Informant Comes Forward

So where did everything began in the first place? While most people snitch to avoid going to prison or for the easy money, police said Betancourt walked into a Miami-Dade robbery detail in June 2011 out of a sense of moral duty. He told a harrowing tale about being "sick and tired" of extreme violence inflicted on victims by a group of brutal home-invasion robbers.

Betancourt said the violence carried out by the men he knew personally included savage beatings, the cutting of one man's scrotum, using a hammer to pound the toes and fingers of the victims, cutting off fingers, and issuing threats to cut off childrens' fingers to force parents to reveal hidden valuables and money.

Police investigators questioned Betancourt as to how he knew so much about the crimes, Betancourt explained the men regularly sold him the stolen goods that were taken during the robberies. He identified Roger Gonzalez Valdez Sr., Jorge Lemus, Antoinio Lewis and Gonzalo-Valdez Jr. -- as the men responsible for the violent robberies Miami-Dade cops were already investigating.

Police developed a scheme to Betancourt as an informant to lure the men into a plot to rob a drug dealer's marijuana stash house in Redland, a suburb of Miami.

[image:3 align:left caption:true]Between 8:00pm and 8:30pm on June 30, 2011, the men arrived at the "fake drug house" located at 18930-216th Street SW in Redland. Once the men agreed on an entry plan, they cut through a fence to reach the house -- and as they trudged closer; suddenly, police snipers, hidden among the shadows, armed with Colt M4 Commando assault rifles, stormed out from different directions in the dark to pursue the men who, now aware they'd been set up, scattered throughout the property. It is unclear if the officers commanded the men to "halt," but officers fired upon each suspect.

The first suspect killed, an armed Jorge Lemus, was shot to death while crouching down behind a vehicle. Informant Rosendo Betancourt died next in a hail of bullets. An overhead police helicopter infrared camera captured Betancourt surrendering to police with his hands up in the air. Next, police ordered Betancourt to lie on the ground, and crawl towards the officers. Betancourt complied.

The SAO report stated Sergeant Manuel Malgor then ordered Betancourt to turn over, and at this point, according to Malgor, this is when the informant got blasted 23 times -- just as it appeared to Malgor that Betancourt reached for his gun. Indeed a weapon was found in Betancourt's waistband but the lawyers representing Betancourt's family suspected the police planted the gun.

They had other questions, too. Why didn't Betancourt utter the code word assigned by police: "I'm heading to Disney World -- or help!" And what happened to the missing audio watch that Betancourt was wearing to record conversations between himself, the police and the robbers, a watch that could be clearly seen that he was wearing during the "real time" surveillance -- only a few hours before he was killed.

Aerial video footage did not actually capture Sgt. Malgor and fellow officers shooting Betancourt, thus, the prosecutors said, they "could not disprove the Sergeant's story," but they seriously questioned why the officer did not handcuff Betancourt as he laid on his stomach.

"The police let him down," a family member lamented.

Antonio Andrew was shot a dozen times while lying on the ground. Again, the officers claimed Andrew reached for a gun, although State prosecutors determined the officers gave contradictory orders.

For example, one officer hollered at Andrew, "Don't move your hands, and let me see your hands underneath your waistband." When Andrew obeyed the second command, an officer said Andrew made a quick movement towards his waist area. And this is when officers fired a dozen shots, killing Andrew instantly.

When a NBC Channel 6 reporter asked Assistant State Attorney Don Horn how someone can make a simultaneous move for his waistband -- when an officer said Andrew's hands were already in his waistband, Horn replied in disgust, "I don't know. It made no sense to me."

Even more disturbing, Horn wasn't able to question the officer (why) he gave obvious conflicting commands or ask the officer any other question because the officers, as mentioned earlier, would only speak to investigators if no prosecutor was present.

Roger Gonzalez-Valdez Sr. either dropped or discarded his gun as he tried to flee the scene. Police eventually found Gonzalez cowering at the base of a tree. The officer seen on the released video behind the tree with Gonzalez's "back" to him said in his statement that Gonzalez made a quick move into his waistband, a move that allegedly forced the officers to open fire, striking Gonzalez 40 times out of 50 shots fired.

But prosecutors question whether the officer had a good view of Gonzalez near the tree, as the officer claimed. "Our repeated reviews of the video caused us to question whether the officer... was even in a position to see what he saw," the attorneys wrote.

State prosecutors also said the evidence showed that officers moved Gonzalez-Valdez's body after they shot him dead. Here's why prosecutors suspected this: a black hand-held police radio was found in Gonzalez's hand.

"We have a system of justice that require apprehension, prosecution, conviction and sentencing," said attorney Justin Leto of Miami, who handled the wrongful death lawsuit for Jorge Lemus and Antoinio Andrew. "I don't see any evidence indicating these people needed to be shot on sight," Leto said.

Justin Leto's brother Matthew is representing the Betancourt family in its pending federal lawsuit.

"The police did not take care of Mr. Betancourt like they promised," said Matthew Leto.

That lawsuit appears to be the end of the story. Four men are dead -- gunned down by police in an operation more reminiscent of an elite military anti-terror raid than of what we traditionally think of as civilian law enforcement -- and there is no legal accountability. Impunity is something we criticize in heavy-handed Latin American or Middle Eastern governments, but perhaps we need to look in the mirror.

Categories: Latest News

CN NS: Experimenting With Medical Pot

Top Stories (MAP) - Fri, 09/26/2014 - 07:00
Chronicle Herald, 26 Sep 2014 - More Data Needed to Determine Effectiveness, Pain-Treatment Specialist Says At least a dozen physicians raised their hands at a pain conference in Halifax on Friday when asked if they have prescribed medical marijuana for their patients.
Categories: Latest News

South Africa: OPED: Truth About The Dagga Debate

Top Stories (MAP) - Fri, 09/26/2014 - 07:00
The New Age, 26 Sep 2014 - The Medical Innovation Bill pursued through Parliament is not to legalise cannabis but rather to provide alternatives for cancer patients RECENTLY a debate has been revived on the Medical Innovation Bill introduced in Parliament by the late Dr Mario Oriani-Ambrosini, an IFP MP and a close friend of mine.
Categories: Latest News

US IL: Suburban Cops Rip Emanuel Drug Plan

Top Stories (MAP) - Fri, 09/26/2014 - 07:00
Chicago Tribune, 26 Sep 2014 - Officials Say Relaxing Penalties Wrong Signal, Wouldn't Help Addicts Chicago Mayor Rahm Emanuel's proposal to change the terms of the drug war by lessening the penalties for low-level possession is getting blowback from the suburbs, with some prosecutors and police chiefs saying it sends an unhelpful message at a time when heroin overdoses are claiming hundreds of lives.
Categories: Latest News

Chronicle AM: Holder Ponders Rescheduling, CT MedMJ Dispensaries Open, Honduras Prez Slams Drug War; More (9/25/14)

Drug War Chronicle - Thu, 09/25/2014 - 20:06

Holder will resign, but has some parting words on rescheduling, Rahm Emmanuel supports pot decrim, but legalization is a step too far, Connecticut dispensaries are now open for business, and more. Let's get to it:

[image:1 align:left caption:true]Marijuana Policy

Attorney General Holder to Resign, Says We Should Consider Rescheduling Marijuana. As he announces his resignation, Attorney General Holder has signaled that he thinks it may be time to reschedule marijuana. "It's certainly a question we need to ask ourselves, whether or not marijuana is as serious a drug as heroin, especially given what we've seen recently with regard to heroin -- the progression of people, from using opioids to heroin use, the spread and the destruction that heroin has perpetrated all around our country," Holder told Yahoo global news anchor Katie Couric. "And to see how, by contrast, what the impact is of marijuana use. Now it can be destructive, if used in certain ways, but the question of whether or not they should be in the same category is something that we need to ask ourselves -- and use science as the basis for making that determination."

Chicago Mayor Emanuel Just Says No to Legalization. Just a day after he called for marijuana decriminalization and the defelonization of drug possession, Mayor Rahm Emanuel said marijuana legalization is a step too far. He was responding to remarks from potential challenger Karen Lewis, head of the Chicago Teachers Union, who suggested legalization was "another source of revenue we ought to look at."

Medical Marijuana

Connecticut Dispensaries Now Open for Business. The state's first licensed grower sent its first shipment this week to dispensaries, which promptly began selling it to qualified patients. All six dispensaries in the state should be open this week.

SurveyUSA Poll Has Florida Initiative at 53%, Needs 60% to Win. The latest SurveyUSA poll has the Amendment 2 medical marijuana initiative with 53% of the vote, but since the initiative is a constitutional amendment, it needs 60% to pass. That's a slight drop from the last SurveyUSA poll, which had support at 56%. Importantly, while only 53% said they would vote for it, only 31% said they would vote against and 15% were undecided. If the undecideds split evenly, the initiative will squeak out a victory.

More Than 350 People Applied for Illinois Medical Marijuana Business Permits. State officials said Wednesday that more than 350 people had applied to legally grow or provide medical marijuana by the Monday afternoon deadline. Some 158 people applied as potential cultivation centers, while 211 applied to operate dispensaries. The state will grant 21 grow center permits and 60 dispensary permits by year's end, with the first legally obtainable medical marijuana available by spring 2015.

Pennsylvania Senate Passes Restrictive Medical Marijuana Bill. The state Senate Wednesday approved Senate Bill 1182, after amending it to remove the ability to vaporize the plant and removing a large number of qualifying medical conditions. The bill now goes to the House.

Drug Testing

Federal Appeals Court to Hear Arguments on Florida Welfare Drug Testing Law. The 11th US Circuit Court of Appeals has set a hearing date of November 20 for Florida Gov. Rick Scott's (R) welfare drug testing law. The state lost last December in US circuit court, with the trial judge ruling that "there is no set of circumstances under which the warrantless, suspicionless drug testing at issue in this case could be constitutionally applied." The state is appealing.

International

Honduras President Uses UN Speech to Rail Against Drug War. In a speech to the UN General Assembly Wednesday, Honduran President Juan Orlando Hernandez lambasted international drug policies "based on waging a ceaseless war on all fronts without regard to the costs." He urged creation of a "multinational force" to fight drug cartels "just like the one that this morning, President Obama asked for to confront radical fundamentalists. Today, we talk about what is happening in other regions to children, young people, families displaced by war, violence and radical extremists," he said. "But little is said about the situation of thousands of families in the northern triangle of Central America."

Categories: Latest News

Uruguay: Why Uruguay Legalized Pot, From The Top Down

Top Stories (MAP) - Thu, 09/25/2014 - 07:00
Globe and Mail, 25 Sep 2014 - In a reverse of the bottom-up process playing out in North America, Uruguay's socialist government legalized marijuana in the face of stiff disapproval from the majority of its citizens. Lawmakers believe legalization is the best way to neutralize drug For a room full of potheads, with a ceiling wreathed in pale grey smoke, there is a surprising amount of bustle in Urugrow on a Tuesday afternoon.
Categories: Latest News

US IL: 369 Filings Made For Marijuana Businesses

Top Stories (MAP) - Thu, 09/25/2014 - 07:00
Chicago Tribune, 25 Sep 2014 - 1 in 5 Applications for Grow Houses, Retail Centers to Get Approval Illinois received 369 applications for medical marijuana business licenses, which means about 1 in 5 applications will win approval to open grow houses and retail centers in the state.
Categories: Latest News

US WA: Sewage Could Be Tested For Pot

Top Stories (MAP) - Thu, 09/25/2014 - 07:00
The Herald, 25 Sep 2014 - Testing Would Be a Way for Spokane to Determine the Best Way to Maximize Revenue While Ensuring Public Safety. SPOKANE (AP) - The author of Washington's recreational pot law has suggested that Spokane test its sewage for traces of the cannabis chemical THC as a general measure of pot use by residents.
Categories: Latest News

US PA: Senate Oks PA. Medical Pot Bill

Top Stories (MAP) - Thu, 09/25/2014 - 07:00
The Philadelphia Inquirer, 25 Sep 2014 - The Bill Now Heads to the House, Where Its Future Is Uncertain. Gov. Corbett Opposes It. HARRISBURG - The state Senate on Wednesday passed legislation to legalize the use of marijuana for medicinal purposes.
Categories: Latest News

US WA: Cities and Counties Are Hungry for Marijuana Tax Money

Top Stories (MAP) - Thu, 09/25/2014 - 07:00
The Herald, 25 Sep 2014 - OLYMPIA - The financial stakes of the state's new marijuana industry are no longer theoretical. Washington's chief economist predicts the legal recreational market will generate $636 million for the state through the middle of 2019.
Categories: Latest News

US IL: Mayor Rips Lewis Over Pot Proposal

Top Stories (MAP) - Thu, 09/25/2014 - 07:00
Chicago Sun-Times, 25 Sep 2014 - Mayor Rahm Emanuel on Wednesday ridiculed Chicago Teachers Union President Karen Lewis for suggesting that marijuana be legalized and taxed because it's a "great revenue source." "I do not think you should balance the budget by promoting recreational smoking of pot," the mayor said. "I've balanced the budget three years in a row by holding the line on property, sales and gas taxes. Every year, we've put money back in the rainy day fund. We also banned flavored tobacco and e-cigarettes within 500 feet of a school, so we have fewer kids smoking cigarettes. . . . I don't think the way to balance the budget is to promote smoking of marijuana."
Categories: Latest News

US CO: Column: A Cannabis Ad Campaign Designed to Educate, Not

Top Stories (MAP) - Thu, 09/25/2014 - 07:00
Boulder Weekly, 25 Sep 2014 - New York Times columnist Maureen Dowd took some serious shit earlier this year for a piece she wrote about her scary experience in a Denver hotel room after an overdose of cannabis edibles. She was mocked for being stupid, for not reading the packaging, for not waiting long enough before eating more. And of being sanctimonious and selfrighteous about it, too. I thought she did us all a big favor. She's hardly the first person who's ever had a negative edible experience - come on, it might have even happened to you. And by honestly telling her own story, she showed that even a top-shelf national newspaper columnist who isn't careful with cannabis edibles can have a bad night. Despite spending a few hours curled in terror, she mentioned that she supported legalization, and the harshest chastisement she had was that the packaging content could be improved, something that Colorado is currently reevaluating in response to Dowd's column and other experiences like hers.
Categories: Latest News

US CO: Column: What's The Best Way To Store My Harvest?

Top Stories (MAP) - Thu, 09/25/2014 - 07:00
Westword, 25 Sep 2014 - Dear Stoner: My outdoor garden is finishing soon. What is the best way to store herb, and how long will it stay fresh? The Hemp Herm Dear H.H.: The most important thing is learning how to cure your buds properly. It's a detailed, scientific process, but the general idea is to let them dry out in an open, breezy space until they feel crisp to the touch on the outside, but before the stems are brittle enough to snap off. Next, put them in airtight containers, opening them every 24 hours or so to "burp" the remaining moisture that is slowly releasing from the buds. Continue the process until you've hit about 55 percent relative humidity (that's on the dry end).
Categories: Latest News

California Defelonization Initiative Appears Poised for Victory [FEATURE]

Drug War Chronicle - Thu, 09/25/2014 - 02:59

While the nation focuses on marijuana legalization initiatives in Alaska, the District of Columbia, and Oregon, a California initiative that would turn drug possession felonies into misdemeanors is quietly heading for a likely victory at the polls in November.

[image:1 align:left]Proposition 47, the smartly named Safe Neighborhoods and Schools Act, is sponsored by two prominent California law enforcement figures, former San Diego Police Chief William Lansdowne and current San Francisco District Attorney George Gascon, and the campaign is being led by Californians for Safe Neighborhoods and Schools. It has lined up an impressive array of supporters, ranging from crime victims' groups to the Catholic Church and racial and social justice organizations.

The initiative would attempt to address the state's chronic over-incarceration problems by moving six low-level, nonviolent crimes from felony/wobblers to misdemeanors. A "wobbler" is an offense that can be charged as either a felony or misdemeanor. Among the included offenses is simple drug possession. (The others include shoplifting under $950, check forgery under $950, and petty theft or receipt of stolen property under $950.)

About 10,000 people are arrested on drug possession felonies each year in the state.

Passage of Prop 47 would also help the state get closer to meeting a looming deadline from the federal courts to shrink its prison population. A new study by the California Budget Project finds that Prop 47 would move in that direction by reducing the number of people sentenced to prison and by allowing those already serving time for such offenses to petition for resentencing in county jails.

In addition to reducing prison overcrowding, Prop 47 aims to reduce felony caseloads in the court system, thus freeing up criminal justice resources for more serious and violent crime. According to the non-partisan Legislative Analyst's Office, if the initiative passes, there would be "state and county criminal justice savings potentially in the high hundreds of millions of dollars annually."

Savings from a successful Prop 47 would be dedicated to investment in mental health and drug treatment (65%), K-12 school programs for at-risk youth (25%), and trauma recovery services for crime victims (10%). The impact could be substantial.

[image:2 align:right caption:true]"This initiative is very important for California," said Anthony Thigpen, president of California Calls, an alliance of 31 community-based organizations across the state. "We need new safety priorities that stop wasting resources on over-incarceration and invest in treatment and prevention. It's better for state and local budgets, better for public safety and better for the health of all of our communities."

While mainly flying under the radar, Prop 47 has still managed to pick up popular support. A California Field Poll in June and July had the initiative winning with 57% of the vote. And just this week, the campaign got even better news. A Public Policy Institute of California poll released Tuesday had support for the initiative at 62%, with only 25% opposed.

It has also picked up financial support. According to the California secretary of state's office, Prop 47 campaign committees have taken in more than $3.4 million in donations (including more than $1.2 million from the Open Society Policy Center, $600,000 from the Atlantic Advocacy Fund, and several six-figure donations from individuals). And while the campaign has spent more than $2 million so far, it still has about $1.2 million in the bank right now, and will continue to fund raise to finance last-minute advertising.

If that is even necessary. Prop 47 has picked up organized opposition, in the form of the Californians Against Prop 47 campaign finance committee, but the committee, representing groups including the California Police Chiefs Association, the California Peace Officers Association, and the California Correctional Supervisors Association, has so far raised only $42,000. That doesn't buy a lot of TV ad time.

Opponents charge that Prop 47 would "release dangerous inmates," "tie judges' hands," and is "completely unnecessary" because the state's ongoing "realignment" is already shifting prisoners from the state to the county level. But the initiative's proponents rebut those charges, arguing that it "keeps dangerous criminals locked up," "prioritizes serious and violent crime," and "provides new funding for crime prevention and education."

[image:3 align:left caption:true]"The reason I support this measure is simple: The more addiction and mental health services we provide to communities hardest hit by crime, the less likely another mom will find herself in my shoes. Having to tell your children that their daddy was shot and they will never see him again is something I wouldn't wish on anyone," said Dionne Wilson of Crime Survivors for Safety and Justice.

The group is a key part of the campaign and serves as a counterpoint to other crime survivors groups that oppose the initiative, such as Crime Victims United. That group has joined forces with law enforcement and the state district attorneys association to oppose Prop 47.

"When three out of four people go back to prison within three years -- and it's been that way for 30 years -- it's obvious that we need a new plan," Wilson continued. "This measure will save a ton of money that would be wasted on incarcerating nonviolent people for nonviolent crimes, which will then be reinvested into trauma care for victims, mental health services and drug treatment. I think that's what a sound public safety strategy looks like."

Prop 47 is also a response to the lack of action on the issue in Sacramento, or, more precisely, action thwarted in Sacramento. Last year, a defelonization bill sponsored by Sen. Jay Leno (D-San Francisco) passed the legislature, only to be vetoed by Gov. Jerry Brown (D).

"Unable to get meaningful sentencing reform through Sacramento, this initiative is a tremendous opportunity to make responsible and significant fixes to our broken criminal justice system by allowing simple drug possession and other non-violent petty crimes to be treated appropriately as misdemeanors, avoiding the lifelong collateral consequences that go along with felony records and the unsustainable court and incarceration costs that accompany mass felonization in California," explained Lynne Lyman, state director for the Drug Policy Alliance.

Prop 47 looks well-positioned to emerge victorious in November. But we're six weeks out now, and this is when initiative campaigns tend to heat up. The opposition is going to do its best to scare Californians into voting no, but it doesn't -- yet -- have enough money to make much of a media splash. At this point, it looks like California is on the verge of taking another big step toward addressing its chronic incarceration crisis.

Categories: Latest News

California Defelonization Initiative Appears Poised for Victory [FEATURE]

Top Stories (STDW) - Thu, 09/25/2014 - 02:59

While the nation focuses on marijuana legalization initiatives in Alaska, the District of Columbia, and Oregon, a California initiative that would turn drug possession felonies into misdemeanors is quietly heading for a likely victory at the polls in November.

[image:1 align:left]Proposition 47, the smartly named Safe Neighborhoods and Schools Act, is sponsored by two prominent California law enforcement figures, former San Diego Police Chief William Lansdowne and current San Francisco District Attorney George Gascon, and the campaign is being led by Californians for Safe Neighborhoods and Schools. It has lined up an impressive array of supporters, ranging from crime victims' groups to the Catholic Church and racial and social justice organizations.

The initiative would attempt to address the state's chronic over-incarceration problems by moving six low-level, nonviolent crimes from felony/wobblers to misdemeanors. A "wobbler" is an offense that can be charged as either a felony or misdemeanor. Among the included offenses is simple drug possession. (The others include shoplifting under $950, check forgery under $950, and petty theft or receipt of stolen property under $950.)

About 10,000 people are arrested on drug possession felonies each year in the state.

Passage of Prop 47 would also help the state get closer to meeting a looming deadline from the federal courts to shrink its prison population. A new study by the California Budget Project finds that Prop 47 would move in that direction by reducing the number of people sentenced to prison and by allowing those already serving time for such offenses to petition for resentencing in county jails.

In addition to reducing prison overcrowding, Prop 47 aims to reduce felony caseloads in the court system, thus freeing up criminal justice resources for more serious and violent crime. According to the non-partisan Legislative Analyst's Office, if the initiative passes, there would be "state and county criminal justice savings potentially in the high hundreds of millions of dollars annually."

Savings from a successful Prop 47 would be dedicated to investment in mental health and drug treatment (65%), K-12 school programs for at-risk youth (25%), and trauma recovery services for crime victims (10%). The impact could be substantial.

[image:2 align:right caption:true]"This initiative is very important for California," said Anthony Thigpen, president of California Calls, an alliance of 31 community-based organizations across the state. "We need new safety priorities that stop wasting resources on over-incarceration and invest in treatment and prevention. It's better for state and local budgets, better for public safety and better for the health of all of our communities."

While mainly flying under the radar, Prop 47 has still managed to pick up popular support. A California Field Poll in June and July had the initiative winning with 57% of the vote. And just this week, the campaign got even better news. A Public Policy Institute of California poll released Tuesday had support for the initiative at 62%, with only 25% opposed.

It has also picked up financial support. According to the California secretary of state's office, Prop 47 campaign committees have taken in more than $3.4 million in donations (including more than $1.2 million from the Open Society Policy Center, $600,000 from the Atlantic Advocacy Fund, and several six-figure donations from individuals). And while the campaign has spent more than $2 million so far, it still has about $1.2 million in the bank right now, and will continue to fund raise to finance last-minute advertising.

If that is even necessary. Prop 47 has picked up organized opposition, in the form of the Californians Against Prop 47 campaign finance committee, but the committee, representing groups including the California Police Chiefs Association, the California Peace Officers Association, and the California Correctional Supervisors Association, has so far raised only $42,000. That doesn't buy a lot of TV ad time.

Opponents charge that Prop 47 would "release dangerous inmates," "tie judges' hands," and is "completely unnecessary" because the state's ongoing "realignment" is already shifting prisoners from the state to the county level. But the initiative's proponents rebut those charges, arguing that it "keeps dangerous criminals locked up," "prioritizes serious and violent crime," and "provides new funding for crime prevention and education."

[image:3 align:left caption:true]"The reason I support this measure is simple: The more addiction and mental health services we provide to communities hardest hit by crime, the less likely another mom will find herself in my shoes. Having to tell your children that their daddy was shot and they will never see him again is something I wouldn't wish on anyone," said Dionne Wilson of Crime Survivors for Safety and Justice.

The group is a key part of the campaign and serves as a counterpoint to other crime survivors groups that oppose the initiative, such as Crime Victims United. That group has joined forces with law enforcement and the state district attorneys association to oppose Prop 47.

"When three out of four people go back to prison within three years -- and it's been that way for 30 years -- it's obvious that we need a new plan," Wilson continued. "This measure will save a ton of money that would be wasted on incarcerating nonviolent people for nonviolent crimes, which will then be reinvested into trauma care for victims, mental health services and drug treatment. I think that's what a sound public safety strategy looks like."

Prop 47 is also a response to the lack of action on the issue in Sacramento, or, more precisely, action thwarted in Sacramento. Last year, a defelonization bill sponsored by Sen. Jay Leno (D-San Francisco) passed the legislature, only to be vetoed by Gov. Jerry Brown (D).

"Unable to get meaningful sentencing reform through Sacramento, this initiative is a tremendous opportunity to make responsible and significant fixes to our broken criminal justice system by allowing simple drug possession and other non-violent petty crimes to be treated appropriately as misdemeanors, avoiding the lifelong collateral consequences that go along with felony records and the unsustainable court and incarceration costs that accompany mass felonization in California," explained Lynne Lyman, state director for the Drug Policy Alliance.

Prop 47 looks well-positioned to emerge victorious in November. But we're six weeks out now, and this is when initiative campaigns tend to heat up. The opposition is going to do its best to scare Californians into voting no, but it doesn't -- yet -- have enough money to make much of a media splash. At this point, it looks like California is on the verge of taking another big step toward addressing its chronic incarceration crisis.

Categories: Latest News

Did You Know the Top 17 Hospitals' Positions on Medical Marijuana?, on ProCon.org

Drug War Chronicle - Wed, 09/24/2014 - 20:49

Did you know that the top 17 hospitals in the US have either not taken a position on medical marijuana, or have an unclear position, as of 2012? Read the details on MedicalMarijuana.Procon.org, part of the ProCon.org family.

This is the last of a six-part series of important facts from ProCon.org that Drug War Chronicle has published the past two months. Click here to read our last ProCon.org "Did You Know" Chronicle blurb, and click on the similar links to to find the previous four.

ProCon.org is a web site promoting critical thinking, education, and informed citizenship by presenting controversial issues in a straightforward, nonpartisan primarily pro-con format. Sign up for ProCon.org's email list or RSS feed to continue to stay informed on the issues ProCon.org follows.

 

Categories: Latest News
Syndicate content