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http://www.drugsense.org
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Table of Contents
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FEATURE ARTICLE Of The WEEK
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Where Does the Slippery Slope of Militarization Lead?
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by Kevin B. Zeese, President, Common Sense for Drug Policy
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It wasn't long ago that it was a criminal offense, a violation of the Posse
Comitatus Act, for active duty military troops to be engaged in domestic
law enforcement. In fact, that was the rule for most of the history of the
United States. A series of drug war amendments to Posse Comitatus during
the 1980s under Presidents Reagan and Bush, has changed that and placed
Marines on patrol at home. | ||||||||||
A team of low ranking Marines, led by a Corporal, were on drug war patrol
in Redford, Texas, on May 20. On that day a fatal shot was fired by
Corporal Banuelos and a young US citizen, Esequiel Hernandez, Jr. was dead.
Zeke was herding his goats, carrying an old single shot .22-caliber rifle
passed down to him from his grandfather. The Marines claim the high school
sophomore fired two shots in their direction. They followed him for 20
minutes, then, they claim he raised his rifle again and the fatal shot was
fired from an M16. The autopsy showed Zeke wasn't facing Corporal Banuelos
when he was killed. Zeke lay on the ground unattended for 20 minutes and
bled to death. | ||||||||||
Redford citizens say they felt invaded, treated as if they were the enemy
and had one of their best and brightest taken from them. A grand jury was
convened, but this made the injustice worse. The grand jury was at best a
mockery. It included the Assistant Sector Chief of the Border Patrol who
was part of the administration that asked the Marines to come to the border
and one of the people responsible for their supervision. It also included
the wife of a Border Patrol officer, a Border Patrol retiree, and two
Customs Officers. The judge found no conflict of interest and District
Attorney Valadez said it was good to have people on the jury who "knew how
to get things done." The DA did not seek an indictment, he just presented
the evidence. Unfortunately, that did not include the Redford residents who
heard the single shot from the Marines, not the multiple shots that the
Marines claim occurred. | ||||||||||
Between the time of the fatal shooting and the no-bill by the grand jury
this month the Department of Defense reacted strongly. They were upset that
their soldiers would be subjected to criminal prosecution for doing their
duty. On July 30, the first day of the grand jury, DoD spokesperson Navy
Lt. Cmdr. Scott Campbell told USA Today this was "not fair to the members
of our armed forces."
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As a result Defense Secretary William Cohen reportedly will ask the border states to sign agreements to provide immunity to local criminal laws, just as we have "status of forces agreements" with foreign governments. This is protection that police officers in the United States do not have. | ||||||||||
In fact, the reaction should have been an apology for the tragic incident and a change in policy. Secretary Cohen should have said it was a shame Zeke had to die in order for us to be reminded that military enforcement of civilian law is wrong. Our soldiers are not trained to make arrests, Mirandize and bring to justice; they are trained to kill. | ||||||||||
The people of Redford are reacting with strength and forbearance. They have
gone back to their history books and re-read the Declaration of
Independence. Two of our grievances against King George were for using the
British Army against us and "protecting them, by mock trial, from
punishment for any murders which they should commit. . ." They see the
refusal to indict as the beginning of the battle against militarization,
not the end. | ||||||||||
The death of Zeke must be remembered. Militarization of the drug war must be stopped. If we do not act in his memory the slippery slope of militarization will pick up speed. We have come a long way in less than two decades, from prohibition of military involvement to discussions of immunity for fatal shootings. If we do not take action now, Zeke's death will become an excuse for greater militarization, not less. | ||||||||||
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DrugSense hosts the website of the Drug Policy Forum of Texas which has a
webpage on the shooting of Esequiel Hernandez. If you want more information
go to: http://www.mapinc.org/DPFT/hernandez/
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WEEKLY NEWS IN REVIEW (Top) | ||||||||||
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Prison Reform
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Abuse Videotape Raises Qualms Over Private Jails
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Used by states as prisons overflow
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Houston (Reuters)
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The videotaped abuse of convicts in southeast Texas has increased unease
about allowing privately run facilities to ease overcrowding in US.
prisons, criminologists said yesterday. | ||||||||||
The dramatic tape-which shows one howling inmate being bitten by a police
dog add another being prodded with an electronic stun gun-also raised the
question whether states exporting in mates to private prisons are turning
a blind eye to the potential for abuse, they said. | ||||||||||
"I think we are going to see more of this as more and more states look for
ways to offload their prison problems," said Timothy Flanagan, dean of the
College of Criminal Justice at Sam Houston State University in Huntsville,
Texas. | ||||||||||
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Justice Department plans probe of private prison in West Texas | ||||||||||
By Mark Babineck, Associated Press
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Spur -- Federal investigators have notified Dickens County officials of a
pending investigation into unspecified allegations related to their private
prison, officials said Wednesday. | ||||||||||
The U.S. Justice Department's civil rights division sent County Judge Woody
McArthur a letter last week revealing its plans, though it did not
elaborate on the focus of the investigation. | ||||||||||
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Elected officials debate treatment of prisoners
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By Steve Olafson and Kathy Walt
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Copyright 1997 Houston Chronicle
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Allusions to Nazis and chicken slaughterhouses were thrown into the fray Wednesday as elected officials debated how the treatment of Missouri inmates at the Brazoria County Detention Center should be viewed. | ||||||||||
State Rep. Ron Wilson, D-Houston, said in Austin that the behavior of
sheriff's deputies in the Sept. 18, 1996, incident "was reminiscent of
Hitler's Nazi camps."
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Voter Initiatives
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Marijuana Initiative Gets Funds Out of State
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Two millionaires bankroll the drive to legalize marijuana use. | ||||||||||
AP Olympia, Wash.-- The campaign to legalize marijuana in Washington is being bankrolled so far not by hirsute ex-hippies but by two rich and rock-solid citizens from Arizona and Ohio. John Sperling, a multimillionaire Phoenix businessman and founder of the University of Phoenix, has pumped $212,000 into a campaign for Initiative 685, state records showed tuesday. Peter B. Lewis, of Cleveland, chairman of the Progressive Corp. insurance company and a $10 million dollar donor and trustee of the Soloman R.Guggenheim Museum in New York, has contributed $50,000 to the campaign, the Public Disclosure Commission records show. Between them, the two men, have contributed nearly all of the money raised so far by the campaign. Much of the cash went to signature gatherers to get the measure on the Nov. 4 ballot. Reached by telephone, Sperling, 76, said he considers the nation's drug policies "nothing short of insane. I can think of no redeeming quality. We've been sending $50 billion a year to the drug lords, and we think we can stop drugs from coming into this country. | ||||||||||
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Needle Exchange
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Conservatives, AIDS Activists Debate Needle Exchange By Maggie Fox, Health
Correspondent
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Washington, Aug 20 (Reuter) - Groups for and against needle exchange
programs that aim to stem the spread of AIDS held dueling news conferences
on Wednesday, but united to demand that the government act quickly to make
its policy clear. | ||||||||||
While conservative policy groups maintained that needle exchange programs
could cause more harm than good by encouraging drug use, AIDS activists and
doctors working with such programs said they had already saved lives and
urged the U.S. government to end a ban on using federal funds for needle
exchanges. | ||||||||||
"Our leaders have been unwilling to speak out," Chris Lanier, coordinator
of the National Coalition to Save Lives Now, told one news conference.
"This hesitation has put tens of thousands of American men, women and
children in danger."
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Needle exchanges still stir debate
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Programs slow AIDS, but some say bad message is sent
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By Gary Fields USA Today
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Respected organizations such as the American Bar Association and American
Medical Association have endorsed needle-exchange programs as a way to
combat AIDS. | ||||||||||
But critics, including the Clinton administration, say such programs encourage drug abuse and send the wrong message to the nation's youth. | ||||||||||
In 29 states and the District of Columbia, 112 programs provide intravenous
drugs users with clean syringes. A soon-to-be-released report by the
Association of State and Territorial Health Officials says more than 14
million syringes were distributed in 1996. | ||||||||||
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Adolescent Drug Use
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DARE's effectiveness gets poor grade again
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Education isn't cutting drug use, study says
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By Todd Ackerman Copyright 1997 Houston Chronicle
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Chicago -- Another national study casts doubt on the effectiveness of a
popular drug-resistance program already questioned by some Houston City
Council members. | ||||||||||
A study released at the annual meeting of the American Psychological
Association here Sunday found that the Drug Abuse Resistance Education
program, or DARE, failed to lessen both male and female students' use of
alcohol, cigarettes or marijuana six years later. | ||||||||||
"Over time, students lose faith in the message," UCLA psychologist Jodie
Ullman wrote in the study. "They identify DARE as part of their childhood,
and by age 15, they actively disassociate themselves from virtually
everything that is `kid stuff,' including DARE."
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The study was the first to look at the longer-term effects of DARE. Previous studies, which also found little or no effect, interviewed DARE graduates immediately after or three years after the program. | ||||||||||
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The new study also found that DARE made no difference in a student's time spent on homework, number of classes skipped, educational aspirations or attitudes toward school or teachers. Nor did it find differences between those who participated in the program and those who didn't in incidents of fighting, assault, theft, trespassing, curfew violation and gang membership. | ||||||||||
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OPINION Other Views
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The Bellingham Herald, Aug. 6, on schools and drugs: A proposal to require schools that receive federal drug- prevention funds to prove their anti-drug programs work deserves the full support of Congress. | ||||||||||
The government spends $500 million a year on such programs, but only 2
percent of them follow strategies proven in research, a recent study
showed. | ||||||||||
That ought to alarm lawmakers, parents, police, school officials and
taxpayers. | ||||||||||
With youth drug use on the rise nationally, we need to be equipping our children with the most effective anti-drug tools available. | ||||||||||
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Heroin
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Dutch church says will start selling heroin
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Amsterdam, Netherlands (Reuter) - A Dutch church will begin selling
cut-price heroin this autumn under a scheme organized by a Rotterdam
cleric, local media reported Wednesday. Hans Visser, a protestant minister
in the port city, will work with local doctors and social workers to
implement the project. Initially his Pauluskerk church will supply a test
group of 10 heroin addicts, judged to have no hope of kicking their habit.
``It is the best (heroin) that's for sale, abroad as well,'' Visser told
Dutch news agency ANP, emphasizing the project's health advantage. He added
he had already found several dealers who were willing to deliver heroin to
the church at cost price. Visser said he had decided to go it alone after a
proposal for a similar national scheme became bogged down in party
politics. Rotterdam alderman Hans Simons described Visser's plan as
``incomprehensible.'' Health Minister Els Borst said she was referring the
matter to the Justice Ministry. ``If I ask permission it will not be
granted. I expect I will be having a chat with justice officials,'' Visser
said. | ||||||||||
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Swiss Heroin maintenance experiment
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(Harry Smith) - When it comes to having a drug problem there is nothing unique about Switzerland. What is unique is what the Swiss are doing about it Switzerland is the first and so far the only country in the world to officially give heroin to addicts. Tom Fenton checked out the results. | ||||||||||
(Tom Fenton) - Ever since the government started this controversial
program, of giving away heroin to hundreds of hard core addicts, the Zurich
police have noticed an astonishing drop in drug related crime. Marco who's
been on heroin for half his life no longer has to steal and deal. Three
times a day he comes to this clinic pays a nominal fee of ten dollars, and
gets a fix. | ||||||||||
(T. F. speaking to camera) - "The heroin in this syringe is pure and
sterile the addict inject himself with it, under supervision. He's given
pointer if he's not doing it right, and when he's finished he disposes of
the syringe."
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(Marco) - "I don't have to be a criminal anymore. I'm starting to put my
life together."
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Hilversum, Netherlands, Aug 16 (AFP) - Dutch Health Minister Els Borst-Eilers said Saturday she favoured distributing heroin free to around 750 addicts on a trial basis. Speaking on television, she said the most addicted heroin-takers should be given preference, but that the test should be carried out on a large scale. "If the number of test subjects is too limited, we may not be able to detect the beneficial effects of the test," she said. She suggested the ideal number would be around 750 addicts. A commission which has advised the minister on the subject had suggested testing between 600 and 900 people. If the Dutch parliament refuses to give the go-ahead for a test on such a large scale, she said, she would refuse to conduct a more limited experiment. "That would just be throwing money down the drain," she said. | ||||||||||
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Melbourne, Aug 19 (Reuter) - Australia's conservative government on Tuesday gave in to mounting public protests and quashed a controversial proposal to give addicts heroin -- only weeks after approving the plan. | ||||||||||
Prime Minister John Howard, elected last year partly on a family morals
platform, said cabinet did not believe the benefits of the trial planned by
Canberra's municipal government outweighed the costs. | ||||||||||
``It's not just a question of morality ... everybody is deeply worried about
the level of heroin addiction in Australia,'' he told reporters after the
cabinet decision. | ||||||||||
The national government's support was vital to the limited trial because it
was to provide money and its permission was needed to import the drug, which
is illegal in Australia. | ||||||||||
``The decision is very disappointing,'' said a spokesman for Canberra
government chief Kate Carnell. | ||||||||||
National, state and territory health ministers three weeks ago gave the
go-ahead to the trial programme, under which Canberra's local government
would give heroin to 40 addicts. | ||||||||||
Although Howard's health minister, Michael Wooldridge, voted for the trial at
the ministerial summit, Howard was away from work at the time, hospitalised
with pneumonia. | ||||||||||
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Militarization of the Drug War
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Mexican Cartels Hiring; Green Berets Welcome
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A US Congress member, Rep. Silvestre Reyes (D-TX), charged during the week
of Aug. 17 that former US soldiers are working as mercenaries for Mexican
drug cartels. Reyes, a former high-ranking US Border Patrol official, said
that when he ran operations along the US border with Mexico, "we had a
number of instances where we had intelligence and where we had actual
verification that these types of individuals were in the employ of some of
the drug cartels, especially in south Texas."
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Other experts say the mercenaries get up to $500,000 a year, especially if
they have been in the US Army Special Forces (Green Berets). "The special
ops guys as a group can do much besides teach marksmanship. They know about
burst transmissions, which are difficult to intercept, bugs and detecting
bugs," an unnamed retired senior Army official told the Reuter news
service. | ||||||||||
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When troops fight crime at home, bystanders are bound to get hurt. It might
well be that Marine Cpl. Clemente Banuelos was just doing his job on May
20. The trouble was, it was a job he, as a military man, should not have
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Border Shooting
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Marines are trained to kill, not read people their rights | ||||||||||
The young Marine who fatally shot 18-year-old Esequiel Hernandez Jr. as he herded goats near his home on the Rio Grande border last May has been cleared by a Presidio County grand jury. | ||||||||||
. . . .
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The lesson here is that military personnel should not be assigned
to civilian police duties. They are trained to kill, not to make
arrests. | ||||||||||
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Eighteen-year-old Esequiel Hernandez Jr. was laid to rest months ago, but
the controversy surrounding the high school student's killing by a Marine
on a drug-surveillance mission along the border hasn't. On Thursday, a
Presidio County grand jury declined to indict Cpl. Clemente Banuelos,
concluding the Marine fired his M-16 in self-defense. Yet the grand jury's
decision does not answer the prime question: Should the border be
militarized? The tragedy argues it shouldn't. | ||||||||||
Hernandez, who was herding his family's goats on a desolate bluff above the
Rio Grande when he was shot May 20, is the first American killed since
troops began assisting law enforcement agencies eight years ago with
anti-drug efforts. | ||||||||||
The Defense Department's ongoing reassessment of the appropriateness of
using the nation's armed forces on the border must weigh the gains against
drug traffickers against the negatives of using forces trained to destroy
military targets in civilian settings. The Marine reconnaissance group
involved in the shooting consisted of highly- trained troops designed for
deep penetration of enemy territory, not the kind of police work in which
the Border Patrol is engaged. | ||||||||||
Soros
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The Associated Press
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New York (AP) - Philanthropist George Soros says he's using his wealth to
fight America's drug policies because politicians lack the courage to do it
themselves. ``Our drug policy is insane,'' he said in an interview in this
week's Time magazine. ``And no politician can stand up and say what I'm
saying, because it's the third rail -
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HOT OFF THE NET
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On Drugs This Week is a weekly commentary by David Crosbie, ADCA's Chief Executive Officer, that seeks to promote discussion and debate of issues that may be important to the Australian alcohol and other drugs field. To stay informed of what is occurring in Australia you can subscribe to
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Australia is far ahead of the US on putting in place sensible policies.
Needle exchange is common and government funded, harm reduction is the
stated national policy, marijuana decriminalization is reality in some
jurisdictions. | ||||||||||
There are lessons US-reformers can learn from this experience which make this column well worth reading. Below is an excerpt from Mr. Crosbie's commentary. | ||||||||||
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On Drugs This Week
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What an amazing week! In all my limited time in this field, I can't remember a drug policy decision attracting as much political, community and media attention as the heroin trial has in the past seven days. | ||||||||||
We certainly saw examples of both the best and the worst of the media. Like
many people, I was moved by some of the stories, the rich human portrayals
that emerged about personal tragedies. There was some very good journalism
and wonderful cartoons. But there was also the bigotry of sensation
seeking media, and the proclaimers of all things right. The attitude and
behaviour of the Daily Telegraph editorial staff and some radio shock jocks
was astounding. | ||||||||||
I am a little cynical about the manipulation of information to sell
newspapers, increase ratings or generally make money. | ||||||||||
So much of the debate was about perceptions. Should governments conduct
research to find the most effective ways of responding to drug problems -
yes. Should governments give up on trying to reduce drug use and become
drug dealers providing free heroin and child care at tax payers expense to
any addicted heroin user - no. | ||||||||||
One of the more surprising events of the week was the news poll result
showing that almost 50% of the community supported the heroin trial
proceeding. In some population groups, particularly those with higher
incomes and higher education, support for the heroin trial was well above
50%. I don't believe that ten or even five years ago there would have been
anywhere near that level of support. | ||||||||||
When it is all said and done, the fact remains that the Prime Minister has
over-ridden his Health Minister and the MCDS in determining drug policy,
and this will have a major impact on our field. | ||||||||||
Perhaps the most important consequence is that illicit drug policy is now
very firmly on the national agenda, and I doubt it will go away. If heroin
related deaths continue or even increase, as it unfortunately appears they
may, the Prime Minister and his government will need to be able to provide
some answers to the community and the media. | ||||||||||
The heroin trial was not going to suddenly reduce opiate related deaths,
but it was seen as a response, an important initiative to try and address a
complex and tragic problem. While trials of other drug substitutes may
offer more potential in terms of treatment, it appears as though the
community generally feels that little is being done to address heroin
related overdoses. | ||||||||||
The Prime Minister's decision was not couched in positive terms and most
people were left with the perception of inaction or more of the same.
Politically, this week seemed to be an ideal time to announce some
relatively cheap bold new national initiative rather than trying to re-sell
the other MCDS drug trials. The Prime Minister could have done a lot more
than 'just say no'. | ||||||||||
There was also some collateral political damage in the whole decision
making process. Internal differences within the government were
highlighted and the substantial political fall-out of the decision making
process will not be quickly forgotten. | ||||||||||
The pressure for a National Drug Summit will undoubtedly increase, and the media will maintain their interest, especially with the now vocal parents groups and others speaking more openly about the need for action. | ||||||||||
In the midst of all the interest and concern about drug issues, there will be more opportunities for everyone to advocate for a broad range of new programs and services. It is important that people with knowledge and experience are at the forefront in taking these opportunities and turning them into actions that are effective in reducing drug-related harm. | ||||||||||
This week, a lot of positives came out of what I saw as a negative decision
and a sensationalised debate. | ||||||||||
More importantly, this week the Prime Minister positioned himself and his
government at the centre of drug policy decisions, a move I believe he will
regret. | ||||||||||
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HIGHLIGHTS FROM MAPTalk (Top) | ||||||||||
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Congratulations to Michael Pollan for his accurate and un-biased reporting
on the Santa Clara County Medical Cannabis Center and its struggle to
provide medicine for those who need it. Unfortunately, the editor has only
chosen to publish letters that attempt to damage all the SCCMCC is trying
to accomplish. The people of San Jose know that this is not a hoax; we know
the center is working legitimately to provide those who need it with their
medicine. | ||||||||||
Even more damaging is the Times' influence on public policy that has
obviously failed. How many more years of war on the citizens and billions
in public spending will the War on Drugs require if it has no progress in
17 years? The only reason the nonsense continues is the media's influence
on public opinion. When will we be able to deal with the drug problem in a
manner that is less damaging to our fellow citizens and our pocketbooks? It
is time the media works to publish more accurate and well-rounded
reporting, like that of Michael Pollan. | ||||||||||
Joel W. Johnson
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The New York Times letters editor:
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The New York Times Magazine is to be commended for running Michael Pollan's
well written article on medical marijuana (7/20/97). It is disgraceful,
however, that drug war propaganda continues to inaccurately portray
marijuana as a harmful, addictive drug that has no therapeutic benefit.
This myth is alive and well despite DEA administrative-law judge Francis
Young's 1988 recommendation that marijuana be placed on Schedule II because
it was safe and had a "currently accepted medical use in treatment."
Although it is sometimes difficult to get beyond the political rhetoric
that has fueled the war on drugs, it is encouraging that The Times is
willing to openly air the complex issues involved in the medical use of
marijuana. | ||||||||||
Dr. Susan P. Robbins
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Thank you very much. We found your article by Mr. Pollan on medical
marijuana to be very informative and excellently written. It's about time
that people start recognizing just how serious a crime the drug war is and
who's caught in the middle. Drug war is nothing more than an updated form
of monopoly, and in Cuomo's own words Sunday morning on This Week on
ABC-TV, it has "failed miserably." That didn't stop him from endorsing
another $350 million go into this economic blackhole. | ||||||||||
The drug war started in an attempt to monopolize the fiber and oil
industries. It succeeded admirably. It was used in the 1960s and since to
discredit environmental organizations who saw the hemp plant as an
environmental answer capable of replacing fossil fuels and fossil fuel
fibers with an annually renewable resource. The marijuana laws are how the
fossil fuel industries maintained their monopolies. | ||||||||||
Now it has been categorically demonstrated that the marijuana plant,
previously known as cannabis before Mr. Hearst renamed it with his pulp
sensationalism in the 1930s, is the safest medicine known to man for
hundreds of different diseases, but a government that has used this special
interest legislation as a budgetary tool to spend almost a trillion dollars
of U.S. resources does not want to hear that it helped some twelve year old
with his chemotherapy treatments. They don't want to hear that it used to
be used to successfully treat tetanus, or that infantile paralysis,
subsequently known as polio, did not flourish to epidemic proportions until
after it was taken away as a children's medication. | ||||||||||
It's time to kill this budgetary "sacred cow" that gives no milk and merely
encourages children to do drugs, like the D.A.R.E. program which teaches
them all the effects and side effects and methods of drug use, to maintain
their big houses and fast cars. | ||||||||||
Forty million people in this country have to go to the blackmarket for
drugs because they can't afford doctors and have no insurance. We have a
government that wants to put them in jail at taxpayer expense and/or
execute them. American health care at work!
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Larry Monaghan, B.A./Communication
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DRUGSENSE TIP OF THE WEEK (Top) | ||||||||||
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The American Journalism Review News Link site offers many search options to
make finding the web sites of newspapers, magazines and broadcast media
stations easy. | ||||||||||
If you need to find the web site of a newspaper in a hurry try
http://www.newslink.org/news.html
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For magazines the URL is:
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And for broadcast media try:
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DS Weekly is just another of the many free services DrugSense offers our members. Watch this feature to learn more about what DrugSense can do for you. | ||||||||||
The DrugSense Weekly
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Senior Editor: Mark Greer,
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We wish to thank each and every one of our contributors. | ||||||||||
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Mark Greer
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