Drug War Chronicle, Issue #600 -(urls + editorial)- 9/11/09

Drug War Chronicle, Issue #600 -- 9/11/09
Phillip S. Smith, Editor, psmith@drcnet.org
http://stopthedrugwar.org/chronicle/600

A Publication of Stop the Drug War (DRCNet)
David Borden, Executive Director, borden@drcnet.org
"Raising Awareness of the Consequences of Drug Prohibition"

Issue #600 of Drug War Chronicle is dedicated to John W. Perry
NYC Police Officer, Attorney and Scholar, Civil Libertarian and
Drug Reformer
June 24, 1963 - September 11, 2001

Table of Contents:

1. FEATURE: WILL FOSTER BACK IN PRISON IN OKLAHOMA, SUPPORTERS
MOUNT CAMPAIGN TO FREE HIM
Medical marijuana patient Will Foster's nightmarish odyssey in
the American gulag continues. Now the one-time poster boy for
sentencing reform is back behind bars in Oklahoma, where parole
officials are using some funny numbers to try to extend his
sentence.
http://stopthedrugwar.org/chronicle/600/will_foster_oklahoma_prison_parole_medical_marijua
na

2. FEATURE: TAINTED COCAINE SICKENING, KILLING PEOPLE, BUT FEDS
SLOW TO ACT
An Associated Press story at the end of August raised the alarm
about levasimole-tainted cocaine, but the problem has been
emerging for years. Now, while waiting for the feds to act, harm
reductionists and public health workers grapple with how to
respond.
http://stopthedrugwar.org/chronicle/600/tainted_cocaine_levamisole_agranulocytosis

3. NEW BOOK OFFER: "MARIJUANA IS SAFER -- SO WHY ARE WE DRIVING
PEOPLE TO DRINK?"
To kick off our autumn fundraising drive, StoptheDrugWar.org is
pleased to offer the exciting new book, "Marijuana is Safer --
So Why Are We Driving People to Drink?," as our latest
membership premium -- donate $36 or more and we'll send you a
copy for free! Things are happening, and the importance of your
support at this time could not be greater.
http://stopthedrugwar.org/chronicle/600/book_offer_marijuana_is_safer

4. MEDICAL MARIJUANA: MORE THAN A DOZEN DISPENSARIES HIT, 31
ARRESTED IN COORDINATED SAN DIEGO POLICE RAIDS
Anti-medical marijuana zealot San Diego DA Bonnie Dumanis has
struck again. A series of raids yesterday resulted in 31 arrests
and 14 dispensaries shuttered. The DEA was there, too.
http://stopthedrugwar.org/chronicle/600/san_diego_medical_marijuana_dispensary_raids

5. LATIN AMERICA: MEXICO DRUG WAR UPDATE
This year's Mexican drug wars body count is closing in on 5,000,
with more than 200 added to the death toll last week.
http://stopthedrugwar.org/chronicle/600/mexico_drug_war_update

6. LAW ENFORCEMENT: THIS WEEK'S CORRUPT COPS STORIES
Man, the Chronicle takes a week off and look what happens: We've
got more corrupt cops, sheriffs, ICE agents, and prison guards
than you can shake a stick at. And a state prison mental health
counselor, too.
http://stopthedrugwar.org/chronicle/600/police_drug_corruption

7. MARIJUANA: ARIZONA SUPREME COURT REJECTS RELIGIOUS FREEDOM
CLAIM
It was strike two Monday for the Church of Cognizance and its
argument that its members have a religious right to use
marijuana. The Arizona Supreme Court rejected that claim from a
church member. Last year, a federal court rejected a similar
claim from church founders Dan and Mary Quaintance, who are
currently in federal prison.
http://stopthedrugwar.org/chronicle/600/arizona_supreme_court_rejects_religious_freedom_cl
aim_marijuana

8. LAW ENFORCEMENT: GEORGIA NARCS GUN DOWN YOUNG PASTOR
A young Georgia pastor who gave a ride to a woman drug suspect
being tailed by undercover narcs is dead. There are many
questions.
http://stopthedrugwar.org/chronicle/600/georgia_pastor_killed_by_undercover_narcs

9. LAW ENFORCEMENT: MINNEAPOLIS PAYS FOR DRUG RAID COP'S ATTACK
ON BYSTANDER
If you're a cop and you slug an innocent bystander in the face
for no reason during a drug raid, it's going to cost your
employer big time. At least that's what happened a couple of
weeks ago in Minneapolis.
http://stopthedrugwar.org/chronicle/600/minneapolis_settles_drug_raid_lawsuit

10. LATIN AMERICA: COLOMBIAN SUPREME COURT RULES DRUG POSSESSION
NOT A CRIME
More than a decade ago, Colombia's Constitutional Court ruled
that drug possession was not a prosecutable offense. Now,
President Uribe is moving to undo that, but the country's
Supreme Court has put a roadblock in his path by upholding that
ruling.
http://stopthedrugwar.org/chronicle/600/colombia_supreme_court_drug_possession_not_crime

11. EUROPE: DUTCH GOVERNMENT WANTS "MEMBERS ONLY" CANNABIS
COFFEE SHOPS
Holland's conservative coalition government can't find the
political will to kill the famous cannabis coffee houses, but it
is set to try to turn them into "members only" establishments in
a bid to thwart "drug tourism."
http://stopthedrugwar.org/chronicle/600/dutch_government_wants_members_only_cannabis_coffe
e_houses

12. ANNOUNCEMENT: THE 2009 INTERNATIONAL DRUG POLICY REFORM
CONFERENCE, ALBUQUERQUE, NEW MEXICO, NOVEMBER 12-14
Every two years drug policy reformers from across the United
States and around the world come to the International Drug
Policy Reform Conference to listen, learn, network and
strategize together for change. This year the conference is in
Albuquerque, in November, and StoptheDrugWar.org is a partner.
http://stopthedrugwar.org/chronicle/600/2009_international_drug_policy_reform_conference_a
lbuquerque_new_mexico

13. WEEKLY: THIS WEEK IN HISTORY
Events and quotes of note from this week's drug policy events of
years past.
http://stopthedrugwar.org/chronicle/600/drug_war_history

14. WEEKLY: BLOGGING @ THE SPEAKEASY
"Prominent Drug Warrior Admits Anti-Drug Propaganda is
Exaggerated," "How Much More Proof Do You Need That Lying About
Marijuana Doesn't Work?," "Insane Hospital Worker Punishes
Medical Marijuana Patient," "Bison Will Eat Marijuana Grown on
Contaminated Chemical Weapons Site," "Confused Drug Warrior
Predicts 'The End of Medical Marijuana,'" "Confused Drug Warrior
Thinks Drugs Are Legal in Mexico," "What Would You Do If You
Found a Giant Bag of Weed at the Beach?," "Will Foster is Back
in Prison in Oklahoma and Needs Your Help," "Resignation of
Mexico's Attorney General Won't Change Much," "Pain Activist
Facing Fines in Free Speech Case," "10 Rules for Dealing with
Police."
http://stopthedrugwar.org/chronicle/600/blogging_at_the_speakeasy

15. STUDENTS: INTERN AT STOPTHEDRUGWAR.ORG (DRCNET) AND HELP
STOP THE DRUG WAR!
Apply for an internship at DRCNet and you could spend a semester
fighting the good fight!
http://stopthedrugwar.org/chronicle/600/drcnet_internships_to_stop_the_drug_war

16. FEEDBACK: DO YOU READ DRUG WAR CHRONICLE?
Do you read Drug War Chronicle? If so, we need your feedback to
evaluate our work and make the case for Drug War Chronicle to
funders. We need donations too.
http://stopthedrugwar.org/chronicle/600/do_you_read_drug_war_chronicle

17. JOB OPPORTUNITY: DIRECTOR OF DEVELOPMENT, LAW ENFORCEMENT
AGAINST PROHIBITION, MEDFORD, MASSACHUSETTS
LEAP is seeking a Director of Development who will manage and
grow all aspects of its philanthropic support and outreach, and
guide the advancement team and the organization through its next
stage of development.
http://stopthedrugwar.org/chronicle/600/leap_development_director_job_opportunity

(Not subscribed? Visit http://stopthedrugwar.org to sign up
today!)

===============

1. Feature: Will Foster Back in Prison in Oklahoma, Supporters
Mount Campaign to Free Him
http://stopthedrugwar.org/chronicle/600/will_foster_oklahoma_prison_parole_medical_marijua
na

Will Foster became a poster boy for drug law reform more than a
decade ago, when he was sentenced by an Oklahoma court to a
nightmarish 93 years in prison for growing marijuana plants to
treat his rheumatoid arthritis. National publicity -- indirectly
gained for Foster by StoptheDrugWar.org
(http://stopthedrugwar.org/chronicle-old/001/pastalerts.shtml),
publisher of this newsletter -- helped get his sentence reduced
to 20 years, and in 2001, he was paroled to California. Now he
is back in prison in Oklahoma, charged with violating the terms
of his parole, and is likely to remain there until either 2011
or 2015 -- depending on whose interpretation of the state's
arcane sentencing laws is followed.

Foster did well in California, sponsored in his parole by "Guru
of Ganja" Ed Rosenthal. After three years on parole there,
California parole officials deemed him rehabilitated and ended
his parole. That didn't sit well with Oklahoma parole officials,
who argued that under the interstate compact governing parole to
other states, it was the state which had sentenced the parolee
that should determine when he had discharged his sentence.

"Based on his discharge date, we requested that Foster be put
back under supervision," said Milt Gilliam, administrator of
Parole and Interstate Services for the Oklahoma Department of
Corrections. "California indicated they were finished, but we
indicated to him that no, we dete\rmine the length of the
sentence, as required by our state law."

Oklahoma issued a parole violation warrant for Foster, and,
after an encounter with police in California -- he was cited for
driving with an Oklahoma license -- he was jailed pending
extradition back to Oklahoma. But Foster filed a writ of habeas
corpus seeking his freedom in California and won.

"That warrant was thrown out," Gilliam recalled. "We didn't
agree with the judge's decision, and our best option was still
to get him under supervision, but we were not successful."

Oklahoma parole officials then notified Foster that they had
changed his discharge date from 2011 to 2015 and demanded that
he sign paperwork to that effect. He refused, and Oklahoma
issued another parole violation warrant.

"We sent an explanation to Mr. Foster about the difference in
discharge dates," said Gilliam, explaining that the later date
was based on the fact that he had earned credits at a different
rate than originally stated. But a moment later, Gilliam argued
that 2015 had always been his discharge date. "My contention is
that the 2011 date and the 2015 date were given to him from the
beginning," he said.

"That is complete crap," retorted Foster's partner and primary
supporter, Susie Mueller. "All of the original documents we have
only mention 2011. This 2015 stuff only came up after they lost
that habeas case. They said they made a mistake and they were
taking away his good time credit, then they added the additional
time. But every document we have says his discharge date is
2011. They went back in and added two fake charges, gave him 18
years, and set his discharge date for 2015, but that isn't in
the original documents."

Foster's Oklahoma Department of Corrections offender page
(http://docapp065p.doc.state.ok.us/servlet/page?_pageid94&_dad=portal30&_schema=PO
RTAL30&doc_num%2721&offender_book_id3497)
suggests that something funny is going on. It shows the four
charges Foster was convicted of in 1997 with the latest
discharge date of 2011. But a recent addition to the page lists
two new counts of cultivation of a controlled substance with a
discharge date of 2015. Oddly, though, unlike the four original
counts, which show a conviction date of February 27, 1997, the
two new counts show no conviction date.

"Before the Department of Corrections can treat a conviction as
valid, they have to have a certified copy of the judgment of
sentence," said Foster's Oklahoma attorney, Mike Arnett. Arnett
declined to comment on the specifics of Foster's case until he
could talk to Foster and get his approval.

Oklahoma got another crack at Foster last year, when he and
Mueller were arrested by California police after an informant
with a grudge against the pair told police Foster was engaged in
illegal marijuana cultivation. But Foster was a registered
medical marijuana patient, and his grow was within state and
local guidelines. After letting Foster sit in the Sonoma County
Jail for more than a year, local prosecutors dropped all charges
against him and Mueller.

But Foster remained behind bars under the new Oklahoma parole
violation warrant. A new writ of habeas corpus was unsuccessful,
and late last month, Oklahoma officials arrived at the jail,
shackled Foster in a van, and drove him back to Oklahoma. After
sitting in the Tulsa County Jail for a week, Foster faced an
preliminary hearing to revoke his parole on Tuesday and is now
housed in the Oklahoma state prison system.

He will get an administrative hearing sometime in the next one
to three months. If administrators revoke his parole, his case
then goes to the governor's office. Under Oklahoma law, the
governor ultimately decides whether or not to revoke parole.

Foster's supporters are working up a campaign to ask the
governor and the parole board to either pardon Foster or commute
his sentence. For more information on the campaign, go here
(http://stopthedrugwar.org/chronicle/special/will_foster_oklahoma).

Lynda Forrester, the parole officer handling Foster's case,
declined to speak to the Chronicle. Instead, she referred
reporters to the department's public information office, whose
Kathy King did attempt to explain what was going on.

"The basis of Foster's parole revocation is that he violated
city, state, or federal law, the use or possession of illicit
substances, failure to report, and failure to follow the parole
officer's directives," she said, reading from documents. "Police
in California confiscated 184 marijuana plants, MDMA, and
methamphetamine."

Although Foster and Mueller were never charged with possession
of MDMA or meth and although the marijuana cultivation charges
were dropped because Foster was operating within California's
medical marijuana law, parole officials can still use that
against him, King said. "That will be presented in revocation
hearings," she said.

"The MDMA and meth stuff is a flat-out lie," said Mueller,
suggesting strongly that any drugs found in the home -- if any
really were -- were "throw-down" drugs placed there by the
raiding officers. "We have never seen any MDMA or meth," she
said. "We volunteered to take immediate drug tests, but they
just laughed at us. There were arrest reports written by three
different officers, and each report had the supposed drugs
recovered from a different location. They do this to try to
discredit the medical marijuana movement, to try to portray us
as drug dealers."

When confronted by the discrepancy in release dates, King was
unable to explain it. "The official record shows 2015," she
said. "I can't answer questions about the stuff on the web site.
I don't know where that information comes from."

Unlike Tuesday's preliminary parole revocation hearing, Foster
and his attorney will have the opportunity to challenge the
evidence and cross examine witnesses at his next hearing. They
intend to make the most of it.

In the meantime, Foster remains behind bars, yet another victim
of a justice system seemingly operating on petty vengeance and
mindless reflex.

================...

___________________

It's time to correct the mistake:
truth:the Anti-drugwar
<http://www.briancbennett.com>

Cops say legalize drugs--find out why:
<http://www.leap.cc>

Stoners are people too:
<http://www.cannabisconsumers.org>
___________________

later
bliss -- Cacoa Powered... (at sfo dot com)

--
bobbie sellers - a retired nurse in San Francisco

"It is by will alone I set my mind in motion.
It is by the beans of cacoa that the thoughts acquire speed,
the thighs acquire girth, the girth become a warning.
It is by theobromine alone I set my mind in motion."
--from Someone else's Dune spoof ripped to my taste.

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