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.syracuse.com/…

The city of Syracuse has asked a federal judge to dismiss a lawsuit by a woman whose 303 Gere Ave. apartment was gassed last year during a police standoff with her neighbor.

The motion to dismiss, filed this week in U.S. District Court, responded for the first time to Eileen Malay’s allegations that police violated her constitutional rights March 17, 2007, during a 29-hour standoff with her landlord, Thach Ros, 62.

Ros, who lived in an attached house, fatally shot his son and wounded his wife before eventually killing himself.

While arguing Malay, 59, has no grounds to sue the city, the motion did not dispute Malay’s account of the gassing. She fled the apartment that day and hasn’t been back.

In the motion, the city argues police officers were confronted with a deadly situation and didn’t know whether Malay was in her apartment.

“A reasonable police officer would not believe that deploying gas to diffuse a lethal situation could (violate) Plantiff’s civil rights, particularly if they were not even aware that she was inside the apartment,” wrote Jennifer Savion, assistant corporation counsel.

Also, the city argued, police didn’t violate Malay’s constitutional right to be free of unreasonable search and seizure because of the imminent danger the gunman posed.

“There can be no doubt that there were exigent circumstances sufficient to allow police action to try and diffuse the situation,” Savion wrote. “That meant using CS gas inside the property to try to disarm Ros.”

CS gas is a type of tear gas that the U.S. military has agreed under international treaty not to use in warfare.

How does the fact that the gunman posed an “imminent danger” negate the fact that they ruined her property with a chemical that even the military has agreed not to use? They harmed this woman and she should be paid restitution. Period. If anyone other then government thugs tried to use this excuse the public would be outraged. Collateral damage is still damage and those officers are still responsible. The gang of which they are a member of and the colors they were do not put them above to fundamental societal concepts.

http://www.fortmilltimes.com/…

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives is dumping the “Always Think Forfeiture” motto it’s used for more than a decade to help combat crime.

U.S. Rep. Bill Sali, R-Idaho, and others complained that multipurpose tools engraved with the slogan could be seen as encouragement to seize property, including guns, of law-abiding citizens.

The pocket tools were to be given to federal, state and local law-enforcement agents participating in the agency’s asset forfeiture training programs, as a reminder of one way to disrupt or dismantle criminal organizations.

None of the engraved tools, stored in the agency’s headquarters in Washington, D.C., have so far been distributed. And now they won’t be, at least until the engravings have been removed.

The agency will no longer use the slogan on materials given out during its training programs, said Robert Browning, chief of ATF public affairs in Washington, D.C., adding it was never intended to undermine lawful gun rights.

Sali had said that the ATF “through its engraved motto, sends a message that these rights are secondary to the government’s apparent goal to ‘always’ seek forfeit of private property.”

The tools also included the words “ATF - Asset Forfeiture.”

Sali’s outrage over the customized pocket tools is just the latest incident in which the ATF has been in the crosshairs of Idaho’s gun-rights lawmakers. U.S. Sens. Larry Craig and Mike Crapo placed separate holds on President Bush’s 2007 nomination of federal prosecutor Michael Sullivan to lead the agency, saying the ATF was being too tough with gun dealers, including a Twin Falls shop that was stripped of its license.

The ATF had revoked the gun dealer license at Red’s Trading Post in Twin Falls after record-keeping violations. A U.S. District Court judge then stayed sanctions after finding the agency had record-keeping problems of its own. That case is ongoing. Sullivan still hasn’t been confirmed to lead the ATF.

By law, the agency can seize firearms, ammunition, explosives, alcohol, tobacco, money and certain real property if such items are involved in breaking the law. Federal, state and local law enforcement agencies rely on asset forfeiture to break up criminal activity, on the contention some groups would continue to operate if the only thing officers could do was lock some leaders in prison.

ATF has used the “Always Think Forfeiture” slogan for more than a decade on materials for training classes it conducts across the United States to increase awareness for officers about forfeiture laws. This is the first time a complaint has been lodged, the agency said.

“We’ve had it brought to our attention from several different congressional members,” Browning said. “In hindsight, we certainly would not have used this slogan if we knew that it would cause so much concern among the public. Nothing in this program is intended to deprive the rights of law-abiding gun owners.”

Sali, who said a constituent brought the engraved tools to his attention, said he’s drafting legislation to prevent the agency from using similar slogans in future training campaigns.

“I’d hate to put a time on it,” Sali spokesman Wayne Hoffman said of the proposed bill. “It’s something we just started. It’s one of the congressman’s priorities.”

It’s a nice gesture but it’s not like they will stop using asset forfeiture just because they stop using the slogan. These people are above the law and will continue to steal from people as they desire.

Like how they make it out to be that primarily it’s gun owners effected by this? That means a good portion of the public who are anti-gun won’t pick up on the seriousness of this “tool.” Though if we throw in this story I’d bet those same people would get a bit upset but then the anti-immigrant, pro drug war crowd wouldn’t care.

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.