Update on Berwyn Heights Botched Raid

Things are getting worse for Prince George’s County, Md. police officials, after last week’s botched no-knock raid (previously chronicled on C@L here).

Not only did the police not have a warrant to conduct a no-knock raid, but it now appears they were well-aware that a drug ring was delivering large shipments of marijuana to innocent addressees’ homes in the D.C. suburbs. The packages would then be intercepted by other members of the ring, all without the addressees’ knowledge or involvement. Nonetheless, the cops executed their guns-ablazin’ raid on the home of Berwyn Heights mayor Cheye Calvo and his wife Trinity Tomsic, where the cops shot the couple’s black Labs and detained Calvo and his mother-in-law in handcuffs for hours.

Astoundingly, P.G. County police refuse to admit that they did anything wrong in the raid. As police chief Melvin C. High said in today’s Washington Post:

In some quarters, this has been viewed as a flawed police operation and an attack on the mayor, which it is not. This was about an address, this was about a name on a package . . . and, in fact, our people did not know that this was the home of the mayor and his family until after the fact.

I correct Chief High: When police officers execute a no-knock raid though they have no warrant or cause to do so, when they blast and shoot their way into a home without first learning who lives there, then they’ve carried out a flawed police operation. That’s the case regardless of whether Calvo and Tomsic are guilty of trafficking drugs.

In Prince George’s County, flawed law enforcement isn’t unusual. At least, in this case, the victims of the botched raid may have the social stature to fight back.

Lima, Ohio SWAT Officer Acquitted in the Killing of Tarika Wilson

A Lima, Ohio jury has acquitted police officer Joseph Chavalia of involuntary manslaughter in the death of 26-year-old Tarika Wilson. Chavalia shot and killed Wilson and wounded her infant son during a drug raid last January. Wilson was unarmed.

During the raid, one of Chavalia’s fellow officers shot and killed the two dogs owned by Wilson’s boyfriend and the target of the raid, Anthony Terry. Chavalia testified that he mistook his fellow officer’s shots at the dogs for hostile gunfire coming from the bedroom where Wilson was standing with her child. Chavalia then fired blindly into the bedroom.

The jury concluded that Chavalia reasonably feared for his life when he heard the gunshots. I guess they were then willing to overlook Chavalia’s mistaking an unarmed woman holding a baby for an armed drug dealer, and the fact that he fired blindly into a room without first identifying what he was shooting at. It’s too bad that that same sort of deference isn’t given to the people on the receiving end of these raids when they too understandably confuse the police officers who wake them from sleep and invade their homes for criminal intruders.

California Medical Marijuana Dispensary Owner Charlie Lynch Found Guilty in Grotesque Miscarriage of Justice

Charles Lynch, the owner of a medical marijuana dispensary in Morro Bay, California that was fully compliant with state laws, has been found guilty in federal court of pushing drugs. The grim details, courtesy of The Los Angeles Times:

The owner of a Morro Bay marijuana dispensary was found guilty today in federal court of five counts of distributing drugs.

Charles Lynch, the owner of the dispensary, faces a minimum of five years in prison.

His closely watched trial involved conflicting marijuana laws and went to a federal court jury Monday. Jurors were asked to determine if Lynch was guilty of violating federal drug laws.

During a week-and-a-half-long trial in U.S. District Court in Los Angeles, federal prosecutors sought to depict Lynch as a common drug dealer who sold pot to teenagers and carried a backpack stuffed with cash.

Lynch was charged with distributing marijuana, conspiring to distribute marijuana and providing marijuana to people under the age of 21.

Whole news story here.

Lynch is one of the countless casualties of an idiotic and tragically long-running war on drugs. His shop scrupulously followed Golden State laws and when he opened his shop in Morro Bay, local officials attended the ribbon-cutting ceremony. And that kid he provided medical marijuana to? A high school athlete who had lost a leg to cancer and had a prescription from a Stanford-trained doctor (and in any case, Lynch only dealt with the boy’s parents). Yes, a common drug dealer.

http://www.pittsburghlive.com/…

Morgan Jones once built a tank out of scrap metal and drove it to church.

During annual potluck parties at his backwoods Clarion County home, he often wowed guests with his homemade flamethrower.

And sometimes, just for fun, he’d entertain friends by shooting an electrical charge through his body to light a bulb.

His wife, Donna, says he’s a little eccentric.

“I never thought it was illegal to be eccentric,” she said. “He’s a good man. He’s not a terrorist or a domestic threat.”

Agents from the federal Joint Terrorism Task Force thought otherwise when they arrested Jones last month as he left Sunday Mass in the sleepy hamlet of Lucinda.

Jones, 64, was charged with selling a Romanian AK-47 assault rifle to an undercover agent posing as an Ohio resident.

Later, when agents headed down a bumpy, macadam road to Jones’ modular home, they found an array of homemade weapons, a cannon, drums of explosive chemicals and a depleted uranium shell. The military often uses uranium shells because they penetrate tank armor.

Officials allege Jones is a major player in a militia movement whose shadowy members have a “propensity toward violence” against the government, elected officials, judges and law enforcement.

“Propensity toward violence?! That’s our job!!” “Militia? That’s something the government is supposed to handle subject citizen! Ignore the ‘bad eggs’ tazing people, the check points, the NAU, the creeping police state. We will protect you.”

Read More…

http://www.ktar.com/…

AKRON, Ohio - A medical examiner must change her autopsy findings to delete any reference that stun guns contributed to the deaths of three people involved in confrontations with law enforcement officers, a judge ruled.

Friday’s decision was a victory for Taser International Inc., which had challenged rulings by Summit County Medical Examiner Lisa Kohler, including a case in which five sheriff’s deputies are charged in the death a jail inmate who was restrained by the wrists and ankles and hit with pepper spray and a stun gun.

Kohler ruled that the 2006 death of Mark McCullaugh Jr., 28, was a homicide and that he died from asphyxiation due to the “combined effects of chemical, mechanical and electrical restraint.”

Visiting Judge Ted Schneiderman said in his ruling that there was no expert evidence to indicate that Taser devices impaired McCullaugh’s respiration. “More likely, the death was due to a fatal cardiac arrhythmia brought on by severe heart disease,” the judge wrote.

Schneiderman ordered Kohler to rule McCullaugh’s death undetermined and to delete any references to homicide.

The judge also said references to stun guns contributing to the deaths of two other men must be deleted from autopsy findings. Dennis Hyde, 30, died in 2005 after a confrontation with Akron police, and Richard Holcomb, 18, died the same year after being hit with a stun by a police officer in suburban Springfield Township.

It was unclear what affect Schneiderman’s ruling may have on the upcoming criminal trial of the five sheriff’s deputies. One of them, Deputy Stephen Krendick, is charged with murder. Other deputies face charges of reckless homicide or felonious assault. All have pleaded not guilty.

Krendick’s trial is scheduled to begin June 16. A spokesman for the Cuyahoga County prosecutor’s office, which is handling the case, said its lawyers are prepared to go forward.

Steve Tuttle, vice president of communications for Taser International, said the Scottsdale, Ariz.-based company is pleased with Schneiderman’s ruling.

“Taser International believed from the beginning that these determinations of cause of death must be supported by facts, medical research and scientific evidence,” Tuttle said.

John Manley, a Summit County prosecutor who represented Kohler, said the judge’s order went too far. The county is considering an appeal, he said.

“Taser is quite a force to be reckoned with and does everything to protect their golden egg, which is the Model X26,” Manley said.

Wouldn’t a high voltage shock from a taser possibly aggravate “severe heart disease”? Exactly how is it that judge knows better then the medical examiner?

http://www.ballot-access.org/…

On April 14, the Democratic National Committee filed a lawsuit against the Federal Election Commission, case no 1:08-cv-639, in U.S. District Court in Washington, D.C. The lawsuit is really directed at Senator John McCain, who has spent more than is permitted already, during the primary season, for candidates who accept primary season matching funds. McCain has said he is not bound by the limit because he never actually took primary season matching funds. But the Democratic complaint points out that he because he was eligible for them, he was able to get on the Delaware and Ohio presidential primary ballots without petitioning (the law exempts presidential primary candidates from petitioning if they are entitled to primary season matching funds).

The Democrats are suing the FEC to force the FEC to act against McCain. However, since the FEC only has two commissioners and four vacancies, it is without a quorum, so the lawsuit asks that the Democratic National Committee be given permission to sue McCain directly, since it is hopeless that the FEC can act. See their complaint here.

I hope they succeed. McCain deserves it.

http://stopthedrugwar.org/…

Back in January, Sgt. Joseph Chavalia, a member of the Lima, Ohio, SWAT team shot and killed Tarika Wilson, 26, and shot and maimed her infant son, Sincere Wilson, as she held him in her arms as he and other SWAT team members executed a drug search warrant at the home Wilson shared with her boyfriend. The boyfriend was the object of the raid.

Police have presented no evidence that Wilson acted in a threatening manner as the SWAT team burst into her home.On Monday, prosecutors charged Chavalia with two misdemeanors — negligent homicide in the death of Wilson and negligent assault in the wounding of her child — that could see him spend a maximum of eight months in prison if convicted on both counts. Wilson’s relatives and activists, many of whom allege a pattern of discriminatory policing by the Lima police, were outraged.

graphic appearing on Lima SWAT team web site, removed after shooting

Lets here it for the war on drugs and sovereign immunity!! Possibly 8 whole months for murdering a woman by shooting through her child. Dad’s in jail, moms dead. Kid may end up in the state child care system. What’s the likelihood this kid ends up really screwed up?