"It's Saul Good Man"

Ex-attorney for Casey Anthony Arrested for Conspiracy to Transport 1,500 Kilos of Cocaine

I immediately thought of this scene from Breaking Bad after reading this story.

Todd Macaluso served as one the defense attorneys for the infamous Casey Anthony murder trial. Macaluso was sentenced last year to five months in prison for defrauding his clients. Then again, ethics weren't a strongpoint for Casey Anthony's defense team. After all, a private investigator who was hired by Jose Baez, another attorney for Casey Anthony, alleged in court that Baez accepted sex from Casey Anthony as payment for services rendered.

Back to Todd Macaluso. He is a pilot and he's now accused of conspiring with two other men to transport 1,500 kilos of coke from Ecuador to Honduras and eventually to the U.S. In fairness to Macaluso, these conspiracy drug trafficking charges often have a very low burden of evidence. Furthermore, these kinds of cases are usually based primarily on the word of dubious criminal informants who have finaincial incentives for gaining convictions. Look no further than the recent "Narco Nephews" case. The nephews of Venezuela's first lady were convicted on November 19th for conspiring to smuggle 800 pounds of cocaine. However, the star witnesses, a father-son-duo of criminal informants, were paid over $1 million by various law enforcement agencies. Also, those two informants were actively trafficking drugs while they built their case against the "Narco Nephews."

First eSports Gambling License Issued in Nevada

Sportsbook Operator, William Hill, Pioneers a New Genre of Gambling

If you're not familiar with eSports, it is a fairly new category of entertainment in which large venues host video game competitions. TBS began broadcasting, ELeague, a global, playoff-style-team competition with the video game, Counter-Strike: Global Offensive. The popularity of eSports is rapidly growing, so much so that some colleges now award athletic scholarships for these young competitors. Professional gamers earn a very comfortable living, including sponsorship money. Check out this clip from HBO's Real Sports:

Like all sports, there will always be the urge to cheat. Hence, there are allegations of gamers using PEDs, such as Ritalin, to gain an advantage. In response, the top eSports league, ESL, tests its gamers for those drugs. By the same token, some appropriate regulations are necessary with the betting activity associated this sport too. Yes, as the interest in this sport has grown, many spectators have naturally also begun betting on these competitions. The state of Nevada has thankfully decided to not keep this activity in the shadows of the black market. With licensing and regulation, eSports betting will help to ensure the integrity of the game, while aiding the economy and providing tax revenues. NV Governor Brian Sandoval issued his support on twitter for this new intiative.

FL Teen Accused of Murder and Face-Biting: Not on Flakka (Bath Salts) says FBI

Florida State University student, Austin Harrouff (of Palm Beach Gardens, FL) made international headlines on August 15th when police officers arrived at the scene of a brutal double murder. Harrouff was found biting the face and abdomen of one of the victims he is accused of murdering,   John Stevens, 59, and his wife, Michelle Mishcon, 53 of Tequesta, FL. Harrouff was also accused of stabbing a bystander, Jeff Fisher, who tried to intervene.

The FBI test found alcohol and trace levels of THC in his system. Understandably, several people assumed that Harrouff was under the influence of flakka, the dangerous synthetic designer drug that is responsible for several overdoses and bizarre incidents across South Florida. However, there is no explanation for Harrouff's sudden crazed behavior. The Miami Herald reported that he left a family dinner at the sports bar Duffy's in Jupiter, FL to walk roughly three miles before he allegedly killed his family's neighbors.  

Likely Attorney General Jeff Sessions: A Proud Soldier in the Drug War

Will his appointment ruin the progress of the legalization movement?

Trump's nomination of Sen. Jeff Sessions (R-AL) to be the next Attorney General hasn't been welcomed by liberals and progressive groups, to say the least. Most of this criticism relates to his comments that resulted in losing a nomination for a federal judgeship in the 1980s. He stated that the NAACP and ACLU were "un-American...communist-inspired...and tried to force civil rights down the people's throats." Sessions testified that the comments were taken out of context, but the most severe damage to his reputation came from his comments about the KKK. In private, Sessions said that he felt the KKK was "OK until he found that they smoked marijuana." He claimed that his words were just a joke. One witness backed up his claim while another felt that his words were sincere. In fairness, it's difficult to believe that anyone would make such a statement in a serious tone. Also, Sessions was instrumental in the prosecution and eventual murder conviction of a leading member of the KKK. Regardless, it is impossible to support his nomination for Attorney General due to his poor civil rights record alone.

How will he affect the drug policy? Well, he's an outspoken advocate of the drug war. You've probably come across some of his memorable quotes over the last few days. If you're not familiar, he has criticized President Obama, on multiple occasions, for stating that marijuana is less dangerous than alcohol. One instance in 2014, Sessions noted that "Lady Gaga says that she is addicted to it." In April he declared that "good people don't smoke marijuana." Sessions even conflated marijuana with more dangerous drugs like heroin in this clip from 2015. He also speaks proudly of his efforts in the drug war and hearkens for the days of the Just-Say-No  80s.

With that said, Sessions has, at times, acted in a very reasonable manner regarding the drug war. Check out this funny clip. 

He was one of the Senate leaders to push for reducing the penalties for crack cocaine in comparison to powder cocaine. These laws have unjustly punished the economically poor and minorities since the 1980s. Sessions was also a supporter of the Comprehensive Addiction and Recovery Act (CARA), which was a harm reduction bill aimed at the opioid crisis. 

CONCLUSION 

There was a false narrative in the media that the Obama administration didn't interfere with the legal marijuana industry. Several law-abiding dispensaries were raided by the DEA. Also, many of these businesses were punished with civil asset forfeitures by federal agencies and the IRS has been known to target these dispensaries with obscure money laundering statutes. Hence, Jeff Sessions, most likely, won't be much more adversarial to the legal marijuana industry than Eric Holder. After all, eight out of nine states passed their legal marijuana ballot measures (recreational or medical) this month. Suffice it to say, that's a mandate by the electorate. In addition, Trump stated that he would respect states' rights with the marijuana issue during the campaign. And if there is one thing that Donald Trump respects it is polling numbers and sixty percent of Americans now support legalized marijuana. 

On the other hand, both Trump and Sessions often point to the flow of drugs from Mexico as one of the key issues in our country. Sessions will likely be the "law and order" official that Trump was looking for. In other words, Sessions will likely be much more punitive with illegal drug trafficking. He will probably reverse much of the progress from softening "three strikes laws" and mandatory minimum sentences. Look no further than his statement from March of this year:

"Indeed, (President Obama) instructs his Justice Department not to prosecute drug traffickers, or, if pursuing charges, to prosecute for lesser crimes. He also is pushing leniency and early release for thousands of convicted drug criminals despite Bureau of Justice Statistics showing 99.7 percent of imprisoned drug felons were convicted of drug trafficking offenses, not drug possession. This abandonment of the tough-on-crime policies that led to drastic reductions in drugs and crime beginning in the 1980s is directly contributing to the rise in drug use, overdose deaths and violent crimes in major cities."

U.S. Surgeon General Report Supports a Softer Approach for the Drug War

First-of-its-kind "Surgeon General's Report on Alcohol, Drugs, and Health" Suggests a Harm Reduction Approach

Drug addiction should not be considered as a criminal justice issue;

Kurt Schmoke (Wikimedia Commons)

it should simply be viewed as a public health crisis. Kurt Schmoke, then serving as the Mayor of Baltimore, made international headlines in the 1980s when he declared that drugs should be decriminalized. Schmoke said, "(The drug war) should be led by the Surgeon General, not the Attorney General." [1] He advocated for harm reduction measures that would reduce the collateral damage from drug addiction, including needle exchange programs. [2] (If you're a fan of "The Wire," the writers used a little poetic license with the "Hamsterdam" episode to illustrate Schmoke's bold vision.)

Those were blasphemous statements during the Just-Say-No era, but Schmoke's vision has become much less controversial three decades later. This first-ever report (issued Thursday, Nov 17th) confronts several of the weaknesses of our flawed approach. Essentially, the U.S. Surgeon General (Dr. Vivek Murthy) pointed out that America's inclination for law enforcement and punishment has neglected proactive approaches for prevention

Dr. Vivek Murthy (Wikimedia Commons)

and treatment. This report insists that our government needs to address this issue with "evidence-based solutions."  

Drug addiction isn't always solely related to a substance abuse problem, there are often mental health factors. Unfortunately, both of those issues are often left untreated. Here are the specifics:

"Only about 10 percent of people with a substance use disorder receive any type of specialty treatment.¹ Further, over 40 percent of people with a substance use disorder also have a mental health condition, yet fewer than half (48.0 percent) receive treatment for either disorder.¹ 

Many factors contribute to this “treatment gap,” including the inability to access or afford care, fear of shame and discrimination, and lack of screening for substance misuse and substance use disorders in general health care settings."

[1]  Steven B. Duke and Albert C. Gross. America's Longest War: Rethinking Our Tragic Crusade against Drugs. New York: Jeremy P Tarcher / Putnam Books, 1993. P 181 

[2]  Dan Baum. Smoke and Mirrors: The War on Drugs and the Politics of Failure. Boston: Little, Brown and Company, 1993. Print. P 248

Madoff Whistleblower Slams SEC: "Wouldn't Find First Base at Fenway Park."

Meet Roy Olmstead: The "Nice Guy" Bootlegger Whose Supreme Court Case Shaped the Drug War

Earlier this week, you may have read my post, "Border Patrol Agent Accused of Staging Fake Drug Bust to Help Traffickers Rip Off Cartel." The purpose of such a story isn't to shame the individual. Instead, we need to critique our policies because these kinds of results are
predictable. Corruption is one of the many costs associated with criminalizing vice. Of the 8,000 federal agents who were hired during the first eleven years of the prohibition of alcohol, sixteen-hundred of them were eventually fired (usually for corruption) with 257 agents being criminally prosecuted.[1] That was a foreseeable outcome as those agents had to resist the lure of obscene wealth while waging an unwinnable, unpopular war.

Roy Olmstead was a fast-rising lieutenant in the Seattle Police Department when he was arrested in 1920 for aiding an illegal shipment of Canadian liquor.[2] Olmstead was promptly fired from the police department and that led to his transition into the contraband business. By bribing several of the local officials and politicians, Olmstead built such a successful underground business that he was nicknamed the "King of the Northwest Bootleggers." As a matter of fact, he owned a radio station that was allegedly a front for his bootleg business in which coded references over the airwaves alerted members of his organization to the whereabouts of the coast guard.[3]

Believe it or not, but Roy Olmstead was a high-character individual. That sounds odd, right? Nevertheless, Olmstead guided his bootleg empire with the carrot, not the stick. Members of his organization were not allowed to carry guns even though the threat of rival gangs was always present. In fact, this man's temperament was so levelheaded that he actually shook the hand and congratulated the prosecutor after being sentenced to four years in prison.[4]

If only the drug cartels of today would demonstrate Roy Olmstead's sense of business ethics. Thousands of people died from bathtub gin during the Prohibition era because numerous bootleggers used cheap industrial alcohol. However, Roy Olmstead refused to endanger his clients with cheap substitutes.[5] For an apt comparison, think of the heroin dealers of today who often "cut" or dilute their product with cheaper, more dangerous drugs like fentanyl, which is roughly 50 times stronger than heroin. Fentanyl is responsible for an untold number of overdoses, including Prince's death.

Federal agents with the Bureau of Prohibition arrested Olmstead and 89 other defendants in 1924 in what was the largest criminal case in the state's history. However, the prosecution gained most of its evidence through wiretaps, which was a controversial tactic because those federal agents never obtained a search warrant. Furthermore, wiretapping was illegal at that time in the state of Washington. Even the hard-charging enforcer of Prohibition, Mabel Walker Willebrandt (Assistant Attorney General) labeled this wiretapping as "dangerous and unwarranted."[6] Olmstead and several of the other defendants argued that their 4th and 5th Amendment rights had been violated. Nonetheless, the federal judge dismissed those claims and allowed the evidence to stand.

Roy Olmstead appealed his conviction all the way to the U.S. Supreme Court, Olmstead v United States. However, five out of nine judges upheld the decision. On the other hand, Justice Louis Brandeis dissented with the argument that the 4th Amendment protected individuals “right to be let alone.” This case, like so many others, demonstrates that our criminal justice system consistently sides with enforcing laws in opposition to protecting individuals' right to privacy.

There will be several more posts like this that highlight how vice laws are eroding our Constitutionally-protected rights.   

(Photo Sheila Scarborough-Flickr)

---

[1] Steven B. Duke and Albert C. Gross. America's Longest War: Rethinking Our Tragic Crusade against Drugs. New York: Jeremy P. Tarcher / Putnam Book, 1993. Print. P 87

Thomas Reppetto. American Mafia: A History of Its Rise to Power. New York: Henry Holt and Company, 2004. Print. P 93

[2] Samuel Dash. The Intruders: Unreasonable Searches and Seizures from King John to John Ashcroft. New Brunswick, NJ: Rutgers University Press, 2004. Print. P 73

[3] Thomas Reppetto. P 102

[4] Samuel Dash. P 75

[5] Norman H. Clark. The Dry Years: Prohibition and Social Change in Washington. Seattle: University of Washington Press, 1965. Print. P 166

[6] Thomas Reppetto. P 102

A&E Series "The Killing Fields" Attempts to Track Down the Long Island Serial Killer

The first two episodes of A&E’s documentary series “The Killing Fields” explored the details surrounding the unsolved murders committed by the Long Island Serial Killer. One unknown suspect is believed to be responsible for the deaths of as many as 17 sex workers.

(Photo Jenn Farr/Flickr)

These murders occurred over the course of several years in which the victims’ bodies were discarded in marshy regions along a stretch of highway near the beach. Unfortunately, it often takes a string of murders for the media to take notice if the victims are prostitutes.

  

A&E’s filmmakers are looking for clues to solve this mystery and that includes interviews with the friends and families of the victims. There is a recurring theme in which their loved ones believe that the police haven’t been fully committed to investigating these crimes. That’s not surprising as prostitutes are some of the most marginalized members of society. Fortunately, "The Killing Fields" interviewed several people who are participating in an online forum, Websleuths.com, which is actively working to solve these cases.

  

Understandably, prostitution is a controversial topic and many people find it offensive. But let’s put this in perspective. Prostitution is essentially a petty vice crime, whereas the indirect consequences of those laws put the lives of sex workers in danger. Case in point, prostitutes are estimated to be 18 times more likely to be murdered than all other women.[1] The primary reason is that sex workers are often reluctant to risk incriminating themselves to contact the police to help solve the murder of another sex worker. In fact, sex workers are even unlikely to contact the police to report violent crimes in which they have been the victim. That’s why a New York-based sex workers’ rights organization, the Red Umbrella Project, requested an amnesty for all of the area prostitutes until the killer was apprehended, but that request was never granted. 

It is well-known that several serial killers have specifically targeted prostitutes for those reasons. Look no further than the words from the Green River Killer, Gary Ridgway, who killed as many as 49 women, most of whom were prostitutes. 

“I picked prostitutes as my victims because I hated most prostitutes, and I did not want to pay them for sex. I knew they would not be reported missing right away and might never be reported missing. I picked prostitutes because I thought I could kill as many of them as I wanted without getting caught.”[2]  

Ridgway was sentenced on December 17^th. In response, this December 17^th will officially mark the thirteenth anniversary of the International Day to End Violence Against Sex Workers. Hopefully, the U.S. will begin to look at examples from other countries around the world to make changes that can impact this violence. For instance, in some European countries with decriminalized prostitution, police and non-governmental organizations (NGOs) coordinate to warn prostitutes about potentially dangerous clients. They form databases known as “dodgy punters” or “ugly mugs.” In fact, there is an Android app (Ugly Mugs) that is available in the U.K., Ireland, Denmark, Finland, Iceland, Norway and Sweden that notifies the user if an incoming call is from someone in that database.

---

[1] John J. Potterat, Devon D. Brewer, Stephen Q. Muth, Richard B. Rothenberg, Donald E. Woodhouse, John B. Muth, Heather K. Stites, and Stuart Brody. “Morality in Long-term Open Cohort of Prostitute Women.” American Journal of Epidemiology. Vol. 159, Issue 8, 778-85

[2] Mark Prothero and Carlton Smith. Defending Gary: Unraveling the Mind of the Green River Killer. San Francisco: Jossey-Bass, 2006. Print. P. 496