Reviewing 10 major cities in the U.S., the report found that while cocaine use declined across all cities, marijuana use maintained a steady upward trend. In addition, heroin and opium use dramatically jumped for six of the 10 cities, while methamphetamine use held steady. Given the statistics, it would not be a surprise if criminal statistics showed a rise in arrests related to drug crimes during the same period.
]]> But since the drug problem is so rampant, does slapping cuffs on offenders really help fix the issue? Jail sentences make no strides towards breaking a drug user from the addictive cycle of purchasing illegal substances and then using them. Yes, the charge and -- if convicted -- any subsequent punishment can be very serious. But does that motivate a user from changing his or her behavior? This report indicates the opposite, and officials are taking notice.In an effort to educate people on the negative effects of drug use and to keep them off drugs through counseling and treatment plans, officials are trying new strategies to reduce jail sentences and focus more on therapy to attack the drug issue right at the source of the problem.
"These data confirm that we must address our drug problem as a public health issue, not just a criminal justice issue," said the director of national drug control policy. "We cannot simply arrest our way out of the drug problem."
Source: MSNBC, "Report: Marijuana use grows, cocaine falls among men arrested in 10 US cities," Jim Gold, May 17, 2012
]]>In some ways, it boils down to the old adage "90% of life is just showing up," something that was apparently lost on one police officer (and maybe the officer's highway patrol unit) who was supposed to provide testimony regarding 12 DUI cases.
]]> The officer, from North Carolina, failed to show up to his scheduled court date for the cases, leading to their dismissal. Why such a quick move to drop the cases? Well, it all goes back to the criminal case process.Since, in many DUI cases, the officer is the only credible witness who can provide information about the incident, the officer's failure to show up for court damages his credibility. He or she can no longer be relied upon to provide fair testimony. In a way, it poisons that witness. The judge could no longer trust what the officer brings to the witness stand.
There is another common aspect of DUI cases: usually, it is claimed that the accused swerved or drove recklessly. That prompts the officer to have probable cause to pull the offender over. This is something that the officer must attest to, as a witness.
Lacking a credible witness, those 12 DUI cases could not be fairly tried. The judge had no choice but to dismiss them.
Source: WFMY, "Wayne Holyfield Misses Court, DWI Cases Dismissed," Mark Geary, May 1, 2012
]]>Before you put on your sweater vest, grow out that mustache and start joking about "Da Bears," there are some important aspects to this DUI case that need to be highlighted.
]]> Mark Ditka was chewing citrus-flavored tobacco when he was pulled over and given a Breathalyzer test. His blood alcohol content measured at 0.16, exactly double the legal limit of 0.08. However, the judge hearing Ditka's case threw out the evidence because she had reservations about the effects the tobacco had on the test -- they may have artificially inflated the results.Ditka refused to take a second test, a blood test, to verify his BAC after his arrest in September. That is his right to refuse such a test, as it is for any individual who is accused of a DUI, and it may lead to Ditka's case being dropped.
The prosecution says they have video evidence that shows Ditka was "highly intoxicated" during his traffic stop. But, again, questions are abound. The officer that pulled over Ditka says Ditka showed no signs of reckless driving; he was being pulled over for a missing front license plate.
Maybe most suspicious -- the same officer that arrested Mark Ditka arrested his older brother, whose case was dismissed on poor evidence as well. Does the officer have an agenda against the Ditka family? And what about the officer's procedures on the job? Clearly his efforts to gather evidence properly are less than ideal.
Source: TribLocal, "Field Breathalyzer test in Mark Ditka DUI tossed; case will continue," Ruth Fuller, May 9, 2012
]]>Those rights seem to have been lost on a group of officers for the Drug Enforcement Administration, after they arrested a college student for smoking marijuana.
]]> DEA agents in San Diego did not charge the student after discussing his marijuana use, and, according to the admonished 23-year-old, one of the officers said he would give him a ride home after the ordeal. Little did the college student know that ride would be in the back of an ambulance as he fought for his life.After the 23-year-old seemed to be free, he was taken to a small holding cell -- tiny enough that he couldn't even spread his arms out without touching either wall. He was completely forgotten about, left in that cell for five days without any food, water, supervision or knowledge of why officers weren't letting him go.
Conditions in his cell were so bad that he had to drink his own urine to survive and the situation deteriorated to the point where he broke his own glasses with his teeth to use the shards to commit suicide. The shards only injured him, though he nearly lost his life anyway.
When officers opened his cell door five days later, they were horrified. The 23-year-old was, in his own words, "completely insane," had lost 15 pounds and his kidneys were on the brink of failure. He survived after being hospitalized for three days in an intensive care unit.
This incident, if true, constitutes negligence of a very high degree. The 23-year-old has filed a $20 million lawsuit against the DEA, and his attorney said that "In all my years of practice I've never heard of the DEA or any Federal government employee simply forgetting about someone that they have in their care." Emotionally scarred from his torturous ordeal, the young man doesn't know if he will return to school.
Source: NBC San Diego, "DEA Ignored All My Cries: Student," Sarah Grieco and Rory Devine, May 3, 2012
]]>Painkiller addiction is a growing area of concern for law enforcement in Connecticut. The number of people who have unwittingly become hooked on painkillers prescribed by their doctors seems to be ever on the rise. Along with that has come a burgeoning illicit trade in such drugs.
Charges of prescription drug possession and trafficking are becoming more common as authorities crack down. Fighting these criminal charges and obtaining an outcome that might include rehabilitation rather than incarceration is something that can best be pursued with the help of an attorney.
]]>An example of how significant the government's battle is in this area is offered in a news release this week from the U.S. Attorney's office for the District of Connecticut. Officials announced that a third former agent of the Transportation Security Administration has admitted her role in an alleged drug trafficking ring that funneled oxycodone, other drugs and money between Florida and Connecticut.
The DA's office says the 49-year-old woman was one of 20 individuals who were arrested last September and charged in connection with what has been called "Operation Blue Coast." They say she pleaded guilty to charges of extortion and bribery in connection with the movement of drugs and money through airport security at Westchester County Airport. She's due to be sentenced in July.
In addition to this woman and two other TSA officers, officials say they obtained guilty pleas from a former Westchester County Police officer and a former Florida State Trooper.
The drug investigation was led by the Drug Enforcement Agency's Bridgeport High Intensity Drug Trafficking Area Task Force.
Source: Government Security News, "Another former Westchester TSA officer guilty on federal extortion and bribery charges," Mark Rockwell, May 1, 2012
]]>Assumed guilt too often goes hand in glove with domestic violence crime charges. The result is that some Connecticut prosecutors go after the alleged offenders with a notion of inflicting the maximum possible penalty. While some might argue the justification of such penalties, they often fail to address the broader family issues.
Family violence can take many forms. It can involve actual physical harm or the mere threat of harm. One does not need to be a husband or wife or child to see charges filed. Individuals living together or even boyfriends and girlfriends can face charges of domestic violence. Seeking the best outcome for everyone involved in such cases often requires the advocacy of an experienced attorney.
]]>In Connecticut, there are officials who recognize that family violence issues are among the most challenging and complex that the court system must deal with. A number of them participated in a conference at Western Connecticut State University last week.
Statistically, officials told attendees that as many as 40 percent of criminal cases in the state stem directly from domestic violence. And the courts are faced with some 28,000 such cases every year.
In response, some jurisdictions have created dedicated court dockets that deal with nothing but family violence issues. These are present in only about half of the 20 courthouses around the state, but those who participate in them say they work. They're such supporters that they are call for the so-called dedicated court dockets to be instituted statewide. That's not likely to happen though. Officials say there's just no money for them.
In courthouses were dedicated court dockets do exist the same set of personnel, from judges to social workers and counselors, right on down to the court clerks are all focused on domestic violence matters. Case reviews and monitoring of compliance are stepped up, perhaps taking place every two or three weeks.
Officials say the added focus combined with possible leniency incentives for defendants who complete alternative intervention programs, has yielded a better system.
Source: The Hartford Courant, "Domestic Violence Cases Strain Connecticut Courts," Josh Kovner, April 27, 2012
]]>This past weekend was Spring Weekend for the University of Connecticut. It is, by some measures of tradition, a weekend known for raucousness that includes overindulgence in alcohol, sometimes riots, and in 2010 a punch that sadly ended with a student's death. This year, things were much more subdued.
]]> Authorities recorded just four arrests on the first night of the three-day holiday. Charges varied, but officials say they included DUI and marijuana offenses. Last year, during the same period of time, officials say UConn police arrested eight people on criminal charges.At the state police level, authorities say only one arrest was recorded this year. That compares with 84 during the 2010 Spring Weekend and 22 last year. There were 185 traffic citations issued by state troopers. Officials say they were mostly for speeding and similar moving violations.
It's not exactly clear why things were so much quieter this year. Officials do say that the number of students taking part in rowdy activities was a lot lower than in the past. At the same time, local and state police were out in greater force. The university took measures of its own, including barring non-students from campus housing and restricting parking.
Source: New Haven Register, AP, "4 arrested on first night of UConn's Spring Weekend," April 21, 2012
]]>The scope of possible Internet crimes is broad, but among the most closely watched activities by authorities is that which involves alleged child pornography, both possession and sharing, solicitation of minors over the Web and stalking and harassment. Sometimes the suspected perpetrators are not much older than the alleged victims. The consequences of conviction being as dire as they are, those charged with Internet crimes need to be in touch with an attorney.
]]> A Norwalk teen is among a group of individuals facing child pornography charges following an investigation in Rhode Island. State police officials say he is one of two University of Rhode Island students taken into custody recently in connection with the probe.According to a police spokesman, state police worked with several departments to track down and arrest the 18- and 19-year-old college students and nine other people. The official says officers tapped into peer-to-peer file sharing networks to trace exchanges of allegedly illegal materials between the parties. They then obtained arrest warrants and seized property and computers of the suspects.
The 18-year-old Norwalk native is facing a single count of possession of child pornography. The 19-year-old student is accused of possessing psychedelic mushrooms, a controlled substance.
Source: Norwalk Patch, "Norwalk Native Charged With Child Porn Possession in Rhode Island," Joseph Hutnak, April 13, 2012
]]>Joseph Fusco was an honor student in high school. After graduation, he joined the Navy and was decorated for service in Somalia and the Persian Gulf. Later, as a student at the University of Connecticut, he was known among friends as the guy to turn to as a designated driver. That's how court officials involved in his child pornography case described him
]]> According to the judge in the case, Fusco downloaded child pornography images to his computer in 2010 out of curiosity. She cited a pre-sentencing investigation report that noted that he immediately stopped looking at them. She also noted that he had no criminal record of any kind. Still, she said, she was bound to sentence him to prison by law.Fusco had at first been charged with first-degree possession of child pornography. He pleaded guilty in November to a reduced charge of third-degree possession. At sentencing earlier this month, he was given a five-year prison term. It will be suspended after one. It will be followed by 10 years probation.
After the sentencing, one prosecutor said, "Sometimes, in the zeal to make things tougher for pedophiles, they (lawmakers) kind of make it difficult for us to do our jobs."
Fusco's case has sparked debate about the relative value of the mandatory prison sentences. Michael Lawlor, a former state representative who worked on the bill now in force, and who says he isn't generally a fan of mandatory terms, says the state needs to be tough on child pornography users.
Still, he says, prosecutors could have opted to charge Fusco with something like risk of injury to a minor. He says that would not have carried a mandatory sentence.
Source: The Hartford Courant, "Former Enfield Honors Student Jailed In Child Porn Case," Christine Dempsey, April 3, 2012
]]>While prosecution can occur at both levels, penalties are often more severe for conviction at the federal level. Anyone facing drug crimes charges at either level should be in touch with a criminal defense attorney for consultation on the best protection of their rights.
]]> State charges do not appear to have been in play in connection with the case of a Hamden man sentenced last week in federal court. Officials say that Nelson Perez-Guzman, 38, was sentenced to 10 years in prison.Perez-Guzman was arrested in December 2010 along with 25 other individuals. The FBI alleges that all the suspects were part of a major New Haven-based cocaine distribution ring that was led by Perez-Guzman. According to authorities, the ring had been in operation since 2009 and was responsible for shipments of drugs throughout the greater New Haven area.
Perez-Guzman was also charged with conspiracy to distribute cocaine in Puerto Rico between 2007 and 2008. When the time came to enter a plea, he pleaded guilty to two counts of conspiracy to possess and distribute. Prosecutors dropped the Puerto Rico charges in exchange for the guilty plea.
The arrest of Perez-Guzman and the 25 other alleged drug ring members followed a months-long investigation during which investigators used wiretaps and surveillance. Alleged drug buys conducted by undercover agents were also part of the government's case-building tactics.
Source: The Hartford Courant, "High-Level Drug Dealer Sentenced To 10 Years," Edmund H. Mahony, April 13, 2012
]]>That is the allegation one of the sons of the late Sen. Robert Kennedy is facing, however. The charges stem from a confrontation Douglas Kennedy is said to have had with some maternity ward nurses at Northern Westchester Hospital in New York back in January. The 44-year-old Kennedy is also charged with physically harassing the nurses.
]]> He appeared in court this week in a bid to have the charges dismissed. Prosecutors are fighting the motion and a decision is pending. Kennedy's next court date is set for June 14.Here's the background according to official reports. On Jan. 7, Kennedy was at the hospital to see his 2-day-old son. He allegedly attempted to take the child outside for some fresh air, but nurses moved to stop him saying that leaving would violate hospital policy.
Some form of altercation followed. Security was called. The baby was returned to its ward. Police and New York's Child Protective Services were called.
One nurse said Kennedy twisted her arm during the confrontation. The other said he kicked her. Kennedy was subsequently arrested in February.
The child is home now and state investigators have since determined that there is no evidence of any abuse.
After the court session this week, Kennedy recalled his own father's assassination when he was a baby and said that all he wanted to do that night was be with his son and to hold him. His wife backs him up and says the legal troubles have turned the family's life upside down.
Source: Hartford Courant, "Douglas Kennedy, son of RFK, invokes father's assassination at NY child endangerment case," Jim Fitzgerald, Associated Press, April 12, 2012
]]>Advocates predict the legislation will pass. Observers note that the measure has strong backing from Democrats, who outnumber Republicans by about two to one. A simple majority is required for passage. Gov. Dannel P. Malloy has indicated that he will sign it if it does pass. The Connecticut Senate approved the measure last week.
]]> The legislation is not without its opponents. Perhaps most prominent among them are the survivors of the victims of the 2007 Cheshire murders in which three members of the Petit family were brutally killed and the father, Dr. William Petit, was horribly beaten. Two men were convicted and are on death row.Petit family members and other opponents want lawmakers to reject the repeal effort. They say that it could open the door for appeals by the 11 people who are currently on death row in the state. But supporters of the measure say that's not the case. They say the repeal, which would leave life without parole the maximum sentence, would only apply to those convicted of capital crimes going forward.
Dawn Mancarella of Milford, is among those who support the repeal. She's the daughter of a woman who was murdered in 1996. She is urging House lawmakers to follow the Senate's lead. Speaking today on behalf of a large group of victim families, she said their belief is that the death penalty does not bring closure or justice.
Source: Minnesota Public Radio, "Is Death Row Still Death Row If Repeal Passes?" Diane Orson, Connecticut Public Radio, April 7, 2012
]]>One particular case that is getting a lot of focus in the media right now is what brings this to mind. It involves allegations that a member of the Windsor Board of Education attempted to solicit sex from a teenage girl in Florida. In the wake of his arrest last week, the Windsor Board of Education has voted the official off his position on the Finance Committee and has asked him to resign. They can't fire him because he was elected to the position.
]]> According to the police complaint, the 38-year-old husband and father allegedly initiated his activity through Internet chat rooms called "jailbait" and "incest." The document says he began corresponding with an undercover officer who posed as the father of a 14-year-old girl who was willing to get his daughter and the man together.After several months of communication, arrangements were allegedly made and the Windsor man flew to Florida. Authorities arrested him as he stepped off the plane. He now faces trial in Florida. If convicted, he could be facing many years in prison.
In Windsor, meanwhile, school officials have taken what action they feel they can. Besides the request for resignation, they are reassuring parents that there is no evidence of any kind that the suspected official had any unsupervised contact with any children in the Windsor System.
Source: WTNH-TV, "BOE asks member to resign after sex solicitation allegation," Bob Wilson, April 3, 2012
]]>That defense strategy may be what is in play in the case of an 18-year-old Enfield woman. She had been accused of the sexual assault of an infant boy. But according to The Journal Inquirer of Manchester, the woman pleaded guilty yesterday to a lesser charge of risk of injury and was released into the Stepping Stone treatment program for substance abuse. The news report suggests that if she completes the program she is expected to face 10 years in prison rather than a possible 20 years.
]]> The woman was first arrested back in October. Authorities accused her of taking cell phone pictures of herself engaged sexually with the newborn and sent them to her boyfriend. She was accused at that time of first-degree sexual assault and promoting a minor in an obscene performance.Previous reports about this case cite police documents as indicating that the boyfriend had an affinity for child pornography. It's not clear whether the boyfriend is also facing criminal charges in the case. Nor is it known to whom the child belonged. Officials say the infant was placed in the custody of the state Department of Children and Families.
The Enfield woman is due back in court next month.
Source: New England Cable News, "Mother pleads guilty to sexually assaulting baby," Associated Press, April 3, 2012
]]>The time may be coming when things could loosen up more, but not yet. Members of the Connecticut Judiciary Committee voted 35-8 recently to approve a measure that would open the door to medical marijuana use. The bill now heads to the House for consideration. The timing on possible action is not clear.
]]> The proposed measure would allow doctors to prescribe marijuana to patients looking to curb the symptoms of some debilitating diseases. The prescriptions would have to be purchased through a licensed dispensary and each patient would be allowed only one prescription a year.This isn't the first time the legislature has attempted to align Connecticut with 15 other states that have legalized medical marijuana. A similar bill was approved in 2007 but was vetoed by Gov. M. Jodi Rell. Another effort last year didn't pass muster, though decriminalization for possession of small amounts got through.
Lawmakers say the current draft of the bill will hopefully make the cut now that concerns have been addressed about how the drug would be dispensed. As one supporter puts it, "Everybody would have to be registered with the Department of Consumer Protection."
Some on the Judiciary Committee who voted against the measure say they are concerned that the deregulation would run counter to federal policy that bans marijuana. It's not clear how much sway that concern might have in affecting final passage.
The committee's approval came just hours after news of a Quinnipiac University poll which shows that 68 percent of Connecticut voters back the idea of letting chronically ill patients use marijuana if a doctor prescribes it.
Source: Hartford Courant, "Medical Marijuana Bill Moves Forward On 35-8 Vote," Daniela Altimari, March 21, 2012
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