Dispatches from the Field: Cops Break Law on Taxpayer Dime

Just as every cop is a criminal,

and all the sinners saints.

As heads is tails, just call me Lucifer,

‘cause I’m in need of some restraint.

~ The Rolling Stones, “Sympathy for the Devil”

“We lie to them,” testified Lead Detective Oscar Valenzuela. “We lie through our teeth." For once, he spoke the truth.

Lead Detective Oscar Valenzuela was on the stand as the People’s first “expert” witness in the trial of former medical marijuana dispensary owners Joe Byron and Joe Grumbine. It was Thursday, December 1, 2011 – Day Four of a massively expensive and pointless criminal trial in Long Beach, California. Detective Oscar Valenzuela was a main player in this jaw-dropping drama.

Not for the first time, lanky, blonde, hyper-vigilant bailiff Matt O’Donnell whirled around in his khaki sheriff’s uniform with its tasteful black leather holster belt and threatened the whole audience with expulsion if even one of them gasped again. Quite a tall order, given this sudden blast of naked truth from the man who masterminded the investigation of Byron and Grumbine – an investigation based on lies. Lies by the People and for the People.

Make no mistake. By “the People,” I sure as hell don’t mean you and me, my fellow citizen. I mean the Prosecution. And by “the Prosecution,” I don’t just mean the prosecuting attorney. I mean a vast cabal of law-scoffing law enforcement officials, up and down the chain of command, so ingrained into our culture that when you even begin to see the whole thing – when you even begin to see a pimple on the ass of the whole thing – it’s like a million pound shithammer to the cerebral cortex.

Voter Nullification

There’s no such thing as paranoia.

It’s worse than you think.

~ Outlaw biker to Dr. Hunter S. Thompson

Our vote doesn’t count any more. It’s that simple. To me, the vote is the sine-qua-non of a Democracy. Translated from the Latin by my dear, departed Dad, that means “without which, there ain’t no.”

If our vote doesn’t count, we don’t have a Democracy. Voter nullification is another way of saying, “coup.” Given America’s newly established (or at least newly acknowledged) corporate personhood, perhaps “hostile takeover” is a more accurate term. No matter. My point is that in a Democracy, the voters should have the last word.

Take election day, November, 1996. That was the day California voters decided to allow qualified patients safe access to medical marijuana by passing Proposition 215, the Compassionate Use Act. That was over fifteen years ago. The whole point was to protect patients and providers from the Oscar Valenzuelas of the world.

Which didn’t sit too well with the Oscar Valenzuelas of the world. But let’s not give an over-zealous gumshoe all the credit. Valenzuela’s overlord, the portly son of an FBI agent, Los Angeles County District Attorney Steve Cooley is even more rabidly anti-medical marijuana than his Long Beach gunsel. And the same goes for his boss and his boss’s boss. Ever since the Compassionate Use Act of 1996 was enacted into law, law enforcement has been working overtime trying to drown it in the bathtub.

Operation Eradication – Your Tax Dollars at Waste

In 2003, California Senate Bill 420 was enacted into law, allowing patients to cultivate marijuana collectively and cooperatively. Collectives formed and dispensaries opened all across the state. At the same time, police geared up to wipe them out.

The authors of SB 420 intended to make access to medical marijuana easier and safer for patients and providers, not to give police a hammer to hit them over the head with. But that very year, the California Police Chiefs Association created a Task Force on Marijuana Dispensaries, made up of “representatives of numerous law enforcement agencies and allies who share the goal of bringing to light the criminal nexus and attendant societal problems posed by marijuana dispensaries that until now have been too often hidden in the shadows.” [My italics.] The following paragraph is included as a reminder that each individual involved was collecting a government salary, paid by the same good people who voted to legalize medical marijuana.

More than 30 people contributed to this project as members of CPCA’s Medical Marijuana Dispensary Crime/Impact Issues Task Force, which has been enjoying the hospitality of Sheriff John McGinnis at regular meetings held at the Sacramento County Sheriff’s Department’s Headquarters Office over the past three years about every three months.

The hospitality and headquarters office space were obviously paid for by taxpayer dollars. No doubt we also covered meal and travel expenses for thirty people traveling to Sacramento from all over the state every ninety days for three years. So what did we get for our money?

We got a “White Paper” cranked out by California’s finest. We got city council members happily swallowing everything the top cops fed them about the “criminal nexus and attendant societal problems posed by marijuana dispensaries” in their communities; problems that were so hidden in the shadows that they may not have even noticed until the cream of local authority – the police chiefs – took it upon themselves to lobby them. We got county governments sheepishly falling in line with what the cops told them to do. We got dispensary bans in cities and counties all across the state, based on “model bills” written by our very own trusted public servants – at our expense.

Just as the rabidly right-wing, back-room dealing, corporate-funded ALEC (American Legislative Exchange Council) writes “model bills” for their member legislators to introduce at the state level – for the benefit of America’s corporate bottom line, including our loathsome prison industrial complex – California’s police chiefs are doing the same thing at the local level; spreading fear and lies, trashing the will of the people, destroying jobs and lives, and shoveling citizens they’re supposed to protect and serve into the gaping maw of a for-profit prison system that has no place in a democracy. That’s what we got for our money.

But wait. There’s more. We also got horrific, multi-agency raids on homes and dispensaries all across the state, destroying the lives and livelihoods of dispensary owners like Joe Byron and Joe Grumbine, forcing them to spend two years fighting for their Constitutional right to defend themselves in court. That comes to a total of over forty courtroom appearances, costing taxpayers between $10,000 and $15,000 per day for the courtroom alone, according to Judge Charles D. Sheldon's own calculations.

Then we got an eighteen-day trial in a kangaroo court that wrangled a guilty verdict out of an ill-instructed jury, thanks to procedural maneuverings by the prosecuting attorney and a blatantly biased judge who actually recused himself on sentencing day “to prevent the appearance of bias.”

And then, we got a brand new judge, two more court dates and a damn good chance to start the whole thing over again. The problem is, we also have a damn good chance of seeing the Joes taken away in handcuffs. Their third day in court with Judge Joan Comparet-Cassani is Friday the 13^th of April, 2012, at which time Judge Comparet-Cassani will rule on attorney Allison B. Margolin’s Motion for a New Trial.

And another thirty-five or forty grand of hard-earned taxpayer dollars circles the drain.

On April 2, 2012, Oaksterdam University – “the Harvard of Hemp” in Oakland, California, where hundreds of students have learned how to comply with state law in all things relating to medical marijuana – was raided by storm troopers from the DEA, the IRS, and the Oakland Police Department, instantly bankrupting founder Richard Lee, destroying more lives and livelihoods, handcuffing patients, some in wheel chairs or on crutches, and roughly shoving protesters with riot-control batons.

What we got for our money was a police state.

Don’t worry. We’ve got him good.

~ Detective Oscar Valenzuela, Long Beach Police Department

When we first reported on the Byron/Grumbine case in June of 2011, it was already a long and twisted saga. On December 10, 2008, Joe Grumbine had been arrested for marijuana possession in Riverside County, California. He and his partner Joe Byron were operating their first medical marijuana dispensary in Garden Grove, Orange County. Grumbine was driving home to Riverside County and transporting medical marijuana when he was stopped for having a trailer ball on his bumper.

He took his case to trial, and seventeen court days (times ten or fifteen grand per day in tax dollars) later, on November 2, 2009, he was exonerated of all charges. The Judge stated that, based on proof of patients, patient outreach programs and a huge witness list, “the Court finds that Mr. Grumbine was acting in accordance with California law.”

Right after Grumbine was exonerated, Long Beach Police Detective Oscar Valenzuela of Los Angeles County consoled the Riverside County District Attorney, saying “Don’t worry. We’ve got him good.”

Five weeks later, on December 17, 2009, all hell broke loose for Byron and Grumbine. Their homes and businesses, and those of their employees and volunteers – seventeen locations altogether – were swooped on by a SWAT team of over a hundred and twenty policemen with weapons drawn, drug-sniffing dogs, helicopters and a fleet of vehicles. The City of Long Beach has refused to put a price tag on the raids, in violation of multiple Freedom of Information Act requests by patient-activist Charles Monson. Claiming they don’t keep track of hours that way, Long Beach continues to stonewall on the cost of the raids, but estimates go as high as 2.4 million dollars – and higher.

“Expert” Training

Let me be clear about this: I don’t have a drug problem. I have a police problem.

~ Keith Richards, The Rolling Stones

On October 9, 2009, just two months before Byron and Grumbine were raided, the California Narcotics Officers Association put on a training course called The Eradication of Medical Marijuana Dispensaries in the City of Los Angeles and Los Angeles County.

Touted as a “must class for patrol, parole, probation and narcotic investigators,” the whole concept goes against the intent of the Compassionate Use Act, not to mention the will of the people. The class was hosted by Los Angeles County District Attorney Steve Cooley (who enjoys an annual salary of $301,731 plus benefits and retirement, courtesy of you, the taxpayer); City Attorney Carmen “Nuch” Trutanich (who rakes in a cool $214,546 taxpayer dollars, plus bennies, every year); President of the California Police Chief’s Association and Pasadena Police Chief Barney Melekian (pocketing between $182,000 and $228,000 of your money per year, according to my calculations); and several other high-end law enforcement officials, including Head Deputy District Attorney, Joey Esposito of the LADA Major Narcotics Division – a team of specially trained attorneys responsible for prosecuting significant narcotics trafficking organizations in Los Angeles County. This outfit ensures that “highly effective prosecutors represent the people of the State of California in cases against drug traffickers most responsible for the drug supply.”

And with these well-chosen words, our local compassionate caregivers are placed squarely in the cross-hairs of specially trained cops and lawyers whose main purpose in life is to set them up as traffickers and feed them into the for-profit prison system, which in turn feeds them.

Busted down on Bourbon Street
Set up like a bowling pin
Knocked down, it gets to wearing thin
They just won't let you be.
~ The Grateful Dead, "Truckin'"

Denial: Not the Solution

The October 9, 2009 eradication training course offered participants an update on laws and current case decisions pertaining to Proposition 215 and SB 420 – which is why the Byron and Grumbine case is so important. Every case we lose gives them more ammunition to use against us. In spite of this, while a devoted handful of fellow dispensary owners have joined the ongoing protests in Long Beach on behalf of Byron and Grumbine (under the banner of non-profit support group The Human Solution, a.k.a. the Green Team,) far too many have not.

Unfortunately, they remain in denial about the danger they themselves face until it’s too late and they find themselves staring down the barrel of an assault rifle, while SWAT teams haul away all their computers (a.k.a. means of communication,) business records (a.k.a. exculpatory evidence,) patient lists (a.k.a. defense witnesses), cash (a.k.a. bail money and lawyer fees, now unavailable for that use) and medicine (to the detriment of patients whose safe access is mercilessly snatched away .)

The California Narcotics Officers Association training course detailed how to conduct a dispensary investigation. What it didn’t detail was how to recognize a legally compliant dispensary. The course offered specific training in the Compassionate Use Act… “to qualify as an expert when arresting person(s) in possession of quantities of marijuana for sale and are claiming the exemption under Proposition 215.” [My italics -- intended to highlight the prejudicial and undermining language used to demonize medical marijuana providers and thus, whip a room full of cops into a frothing-at-the-mouth gang of storm troopers out to save the world from evil drug cartels. Which, of course, they aren’t doing because they’re too busy copping doobies at dispensaries.]

K is for Kangaroo

Only in the courtroom can this special training be properly appreciated. This is where your friendly medical marijuana provider morphs into a low-life street thug, or in the case of Byron and Grumbine, “wolves in sheep’s clothing.” This is where you get to witness exactly what evidence your specially trained attorneys teach your peace officers to collect and, more importantly, what evidence not to collect, in order to get a conviction.

In retrospect, the exonerating statement by the judge in Grumbine’s Riverside case appears to have inspired a list of items the Long Beach police, prosecutor and judge, acting as the proverbial well-oiled machine, systematically prevented (or tried to prevent) from being admitted into evidence in the Byron/Grumbine case – namely, “proof of patients, patient outreach programs and a huge witness list.”

We will delve into such tactics in a later post, but for now here’s a taste: After the California Appellate Court granted an appeal by Byron’s attorney, Allison B. Margolin, and ordered Judge Sheldon to allow the Joes an affirmative defense, or explain himself to them, Sheldon gruffly allowed the defendants six witnesses each. The prosecution was allowed as many witnesses as she wanted. OK, here’s another taste: counting the number of defense objections overruled vs. prosecution objections overruled became a challenging spectator sport for the Green Team. My own notes are littered with hash-marks attempting to count them. Many were overruled before the word “objection” was out of the attorney’s mouth. Conversely, there were times the judge said, “sustained,” before the word “objection” was out of the prosecutor’s mouth. If lives didn’t hang in the balance, it would have been hilarious.

Jurors Denied the Whole Truth

In the courtroom, as the jury watches hours of soporific video secretly shot by an undercover cop with a fake ID and a real doctor’s recommendation, obtained by lying through his teeth, they don’t see the free wheelchairs in the corner, or the free food and clothing, or the job boards. They see price lists and “Twitter Specials” (highly incriminating; be warned. Ditto free doobies for first-time patients) that supposedly prove medical marijuana dispensaries to be fronts for drug traffickers. And if they can’t make that stick, they re-frame the crime itself. Suddenly the offense is “making a profit” instead of the original charge of felony marijuana “sales.”

The jury is then shown “Profit and Loss Statements” generated by the cops’ own computer programs, using incomplete financial records seized in raids. They don’t see the extent of start-up costs or business expenses. They don’t see how much of the medicine is there on consignment; the prosecution counts the street value of it as money going straight into dispensary owners’ pockets. But it’s actually money owed to the growers once the product is sold. It’s not an asset, it’s a debt. But the jury only sees money coming in -- money the Oscar Valenzuelas of the world misrepresent as “profit.” Misrepresent, as in lie through their teeth.

The overall effect is this: No matter what you do to comply with the law, you’re still wrong.

At the same time, through a series of well-honed courtroom procedures by the prosecutor and the judge – a self-described veteran of some 1,400 trials -- the defense team is systematically denied the right to defend their clients. A classic example was showcased when Grumbine’s attorney, Chris Glew tried to ascertain where Detective Valenzuela acquired his “expert” status on medical marijuana. When Mr. Glew started to ask whether Valenzuela had attended the above-mentioned eradication class, Judge Sheldon cut him off.

Together, Judge Sheldon and prosecutor Jodi Castano prevented either defense attorney from properly cross-examining the witness or ascertaining his credentials as a so-called expert. And this is only the opening salvo. We’ll explore these eye-popping tactics and other courtroom shenanigans in the near future. But I have to confess: I’ve spent four and a half months attempting to read my notes from the trial. Every time I open one of a stack of hastily scribbled notebooks, I am overwhelmed – not just by the sheer volume of it all, but also by the crushing weight of what it represents.

The Merriam-Webster online dictionary defines kangaroo court as “a mock court in which the principles of law and justice are disregarded or perverted.” Wikipedia states that the “outcome of a trial by kangaroo court is essentially determined in advance, usually for the purpose of ensuring conviction, either by going through the motions of manipulated procedure or by allowing no defense at all.”

This accurately describes every day of this long and punishing trial. The Green Team – a dedicated group of medical marijuana patients and advocates, gathered under the banner of The Human Solution – witnessed every minute of it. Many of us took copious notes, which turns out to be a good thing because Judge Sheldon conveniently “shredded” every copy of his mumbled and confusing instructions to the jury, and the court reporter just happened to omit them from the transcript.

Rory Murray, a talented singer/songwriter and artist, made drawings of the courtroom proceedings. He too has provided a vital service, as Judge Sheldon barred cameras and recording devices from his courtroom. Two of Rory's drawings helped illustrate this story.

In our next post, we will take a closer look at the Green Team - true patriots who have dedicated their lives to fighting for justice. Were it not for a courtroom full of citizen witnesses this story would never have come to light. And the Joes would – and still may – join millions of their incarcerated fellow citizens who were similarly set-up, demonized, railroaded and imprisoned – on our dime.

###

Dispatches from the Field: Prisoners -- America's New Cash Crop

A disciplined minority of totalitarians can use the instruments of democratic government to undermine democracy itself.

~ Hannah Arendt

At the 2011 dedication ceremony for the Martin Luther King, Jr. National Memorial, many speakers, including President Obama, quoted from King’s famous “I Have a Dream” speech, in which King eloquently spoke out for freedom and justice. Yet almost fifty years later King’s son, Martin Luther King III, says his father’s dream has not been realized, that America has “lost its soul,” in part by “having more people of color in prison than in college.” He is not wrong. According to the Drug Policy Alliance, in the last decade nearly one in three African-American men aged 20-29 was under criminal-justice supervision, while more than two out of five had been incarcerated.

At his 1963 March on Washington Dr. King said, “We have come here today to dramatize an appalling condition.” And so we have. Because today, with for-profit prisons a burgeoning growth industry, the incarceration rate of people of color can be extrapolated to the population at large. Indeed, one out of every one hundred adults in America today is incarcerated, and one out of every thirty-two is somewhere in the system – either on probation, on parole, or behind bars. Put another way, the United States has five percent of the world’s population and twenty-five percent of the world’s prison population. And more than half of these arrests are for marijuana.

The FBI puts the number of marijuana arrests over the last decade alone at 7.9 million. This was not caused by the laws of supply-and-demand for weed. This was caused by the laws of supply-and-demand for prisoners and, hence, for profits. Since 1984, when privatization of prisons was made legal again, after having been stamped out in 1928 due to gross abuses against prisoners in the name of profit, the for-profit prison industry has moved quickly to expand into as many states as possible before enough resistance could be amassed to stop them. And with each new prison constructed, there is a need for more prisoners to fill it.

In the intervening years, lobbyists for the corporate, for-profit prison industry have spent millions of dollars per year writing laws and implementing strategies to put people in prison for as long as possible. The harsher the policies and the longer the sentences, the more money flows into these corporations from the government. And nothing grows the prison population better than the War on Drugs -- a war funded by taxpayers, some of whom are later fed into the machine, including those you’ve met, and others you will meet, in these pages.

Big Money Machine

Back in my political days there was a running joke in Washington: the “building trade” unions would build their own prison camps for the jobs. Not so funny any more, given that California’s prison guard union -- the California Correctional Peace Officers Association, or CCPOA -- was a driving force behind California’s “Three Strikes and You’re Out” law, a law that requires a mandatory 25-years-to-life sentence for a third “similar” felony, even if that felony is shoplifting.

Three Strikes is one of a systematic web of laws designed to incarcerate the maximum number of people for the longest possible time; a web of laws that creates a self-perpetuating money machine for its creators – a cabal of corporations and lawmakers with the shared goal of growing America’s prison population for profit; a web of laws written by special interests and introduced by the legislators they have bought with campaign contributions. Just one small example of the way our democratic system of government has been hijacked by the corporate thugs, greed-heads and fixers of America’s sprawling prison cartel.

Former Navy journalist and “conserva-tarian” co-founder of All American Blogger, Duane Lester reports that in only three decades CCPOA has become one of the most powerful political forces in California. In an article published by FreeRepublic.com, he wrote that the union has contributed millions of dollars to support Three Strikes and other laws that lengthen sentences and increase parole sanctions (the sentences imposed when a parolee violates the terms of parole). After then-governor Pete Wilson backed Three Strikes, the prison-guard union donated a cool million to his campaign.

Don’t Look For The Union Label

On a much more insidious scale, a right-wing lobby group, the American Legislative Exchange Council (ALEC), writes ‘model bills’ (legislation to be enacted in one state and replicated in others, also known as ‘copy-cat laws’) for corporate sponsors like Koch Industries, Exxon Mobile, BP, American Bail Coalition, R.J. Reynolds, Wal-Mart, Phillip Morris, Pfizer, AT&T, and Glaxo Smith Kline, to name a few – including bills specifically designed to exploit cheap prison labor on behalf of profit-making corporations.

Writing for thenation.com, labor journalist Mike Elk and blogger Bob Sloan detail ALEC's “instrumental role in the explosion of the US prison population in the past few decades,” explaining how ALEC pioneered some of the toughest sentencing laws on the books today – mandatory minimums for nonviolent drug offenders, Three Strikes laws, and so-called truth-in-sentencing laws, which require violent offenders to serve 85% of their sentences before being considered for release. After ensuring that more prisoners would be incarcerated for longer and longer periods, ALEC then “paved the way for states and corporations to replace unionized workers with prison labor.”

The “convict lease program,” instituted in the South after the Civil War, was the precursor to today’s for-profit prison industry. The then-governor of Mississippi imprisoned freed slaves and then leased them out to a private party who could work them to death, and often did, with no pay. It took churches, families, and civil libertarians sixty years to wipe these laws off the books and the Reagan Administration no time at all to bring them back.

Only a lobby funded by profit-driven corporations would replace preexisting laws with legislation like the Prison Industries Act, allowing “the employment of inmate labor in state correctional institutions and in the private manufacturing of certain products.” A federal program called PIE (Prison Industries Enhancement Certification Program) conveniently certifies prison work programs for exemption from federal restrictions on prisoner-made goods in interstate commerce.

Prison labor for private profit was illegal before ALEC came along. Now the lobbyists have instituted two federal programs to regulate and certify prison labor. Just goes to show what money can buy.

In Florida, an outfit calling itself  PRIDE (Prison Rehabilitative Industries and Diversified Enterprises) now runs forty work programs where inmates manufacture “tons of processed beef, chicken and pork,” as well as office furniture and other commercial items – for twenty cents an hour.

           

Aside from the obvious slave labor issue, here’s another concept for you: the intersection of processed meat with prison hygiene. I’ve heard the stories about prison conditions -- a hundred-and-twenty to two-hundred inmates in gym-sized rooms; fifty or more sharing a single filthy toilet, without privacy or sanitation. “Some guys just shit in the shower,” said a friend who spent a few eye-opening nights at L.A.’s Twin Towers. And these guys are processing tons of meat that wind up, among other places, in school lunches.

Granted, prison laborers featured on a recent exposé on CNBC, entitled “Billions Behind Bars,” worked in facilities outside the prison, and wore gloves. But that was a single example in Colorado – a 6,000-acre complex with fifty businesses, including a goat farm and a fish farm, staffed by inmates. Colorado Correctional Industries, a division of the state Department of Corrections, which runs the complex, is on “a mission to save taxpayers’ money while helping to rehabilitate Colorado’s inmates.” Perhaps. They also happen to garner $56 million per year in revenue. But elsewhere, and for twenty cents an hour, how motivated could long-term prisoners be to maintain pristine job-site sanitation standards? Especially when they work under threat of punishment if they refuse to work?

In a 2007 letter to prisonersolidarity.org, an inmate wrote that he and other prisoners at Ohio State Penitentiary had been trying for seventeen months to call attention to inhumane conditions such as “broken toilets that leak profusely, the urinals that overflow onto our feet, and the lack of ventilation that results in fumes and condensation that are unbearable at times.” Even if they are transported elsewhere to work, how clean can they be? Yet, these are the living conditions many inmates endure. Conditions bad enough to cause one man to commit suicide at Dickens County Correctional Center in Spur, Texas – a prison run by the for-profit prison company, GEO Group, Inc.

How could GEO, or any corporation, justify making people live in such deplorable conditions? Because it’s cheaper, according to the inmates’ rights group Partnership for Safety and Justice in Portland, Oregon. In an msnbc.com article entitled "Suicide Reveals Squalid Prison Conditions," the organization’s program director, Caylor Rolling stated, “they cut corners because the bottom line is making money.”

Papers, Please

Another way for-profit prisons make millions of dollars is by detaining immigrants. The  Department of Homeland Security pays local, county and state prisons up to $200 per person per day to house “apprehended aliens,” reports The Huffington Post. Singling out another Los Angeles County horror show, HuffPost’s Gabriel Lerner says California’s prisons in particular “benefit from the largesse of the federal government and vie for a piece” of this profitable pie. He cited a detention center in Lancaster, run by L.A. County Sheriff Lee Baca, currently under federal investigation for prisoner abuse throughout the system, where immigrants rounded up in raids by Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) were held for more than two years instead of the customary few days. According to a group of Latino filmmakers and “instigators” called Cuéntame (meaning both “count me” and “tell me your story,”) it doesn’t even matter whether these immigrants are documented or undocumented, “as long as they fill the detention facilities for days, months or even years.”

In the old days of publicly run prisons, it paid to let a prisoner go when his time was up or his rights were about to be violated. Not only was it the right thing to do, it saved the public money. And therein lies the rub.

In voters’ minds, the chief attraction of private, for-profit prisons is that they’re thought to save taxpayer dollars. Not so. In fact, just as health-care costs ballooned when corporations got in the game and began charging fifteen dollars per box of tissues -- as if a patient in a hospital bed were raiding the mini-bar in a luxe hotel rather than receiving medical care -- so have prison costs increased by virtue of the profit incentive of private-prison corporations. And where do their profits come from? Some come through the newly-legalized exploitation of the prisoners themselves, but the bulk come from you, the taxpayer. When prisoners, a public commodity, are managed by a private institution, the public pays. We are not creating savings. We are creating more prisoners and, these days, turning incarcerated human beings into corporate assets. Why would a private prison want to see a prisoner released if with him goes a piece of their income?

To find the really heavy hitters in the game of jailing undocumented immigrants for fun and profit, we must go to Arizona, where Republican State Senator Russell Pearce teamed up with ALEC and another for-profit prison company, Correction Corps of America (CCA), to create Senate Bill 1070, Arizona’s notorious “Papers, Please” anti-immigrant bill. Courtesy of SB 1070, local detention facilities rake in $200 per inmate per day ($6,000 a month, or $72,000 a year). According to “Immigrants for Sale,” Cuéntame’s shattering exposé, “these private prisons have spent over $20 million lobbying state legislators to make sure they get state anti-immigrant laws approved,” thus securing an endless supply of immigrant inmates. Replicated in Utah, Florida, Ohio, Tennessee and Iowa, ALEC and CCA have built themselves a “perfect money machine.”

Corporate Corrections Companies

Meet some of the players in the new, for-profit prison industry. Correction Corps of America (CCA), headquartered in Nashville, Tennessee, touts itself as “America’s Leader in Partnership Corrections.” CCA designs, builds, manages and operates correctional facilities and detention centers for the Federal Bureau of Prisons (BOP), Immigration and Customs Enforcement (ICE), the U.S. Marshall Service, a couple dozen states, and nearly a dozen counties across the USA. CCA pocketed $2.9 billion in 2010.

Management Training Corporation (MTC), headquartered in Centerville, Utah, with branches in Texas, Georgia, and Washington, D.C., operates twenty correctional facilities in Arizona, California, Florida, Idaho, New Mexico, Ohio and Texas. They have the capacity to “secure and train 25,310 offenders and detainees at federal and state correctional facilities across the United States.”

Formerly known as Wackenhut Corrections,  GEO Group, Inc., of Boca Raton, Florida, manages and/or owns 116 correctional, detention and residential treatment facilities, boasting some 80,000 beds. GEO ran the Texas prison where the previously mentioned suicide took place. Among the many services GEO provides are Secure Prisoner Escort and Secure Detainee Transportation. Since its inception in 2008, GEO has transported over 200,000 prisoners and detainees by land and air.

Among the three of them, these for-profit prison companies own over two hundred facilities with 150,000 bed-spaces, cranking out a tidy five billion dollars a year in profit.

A perfect money machine, indeed -- but only if the system keeps them supplied with prisoners. And how does it do that, besides detaining defenseless immigrants? By feeding more and more marijuana and medical-marijuana users into their giant corporate maw.

War on (Wonder) Drugs

It’s worth repeating here that cannabis was only outlawed in the first place as an accommodation to corporate interests. There was no moral imperative to make it illegal, nor is there one today. It doesn’t kill people, the way alcohol and tobacco do. According to Lester Grinspoon, M.D., Associate Professor Emeritus of Psychiatry at Harvard Medical School, who has studied it extensively, cannabis is safer than aspirin! To quote him directly, “Compared to aspirin, which people are free to purchase and use without the advice or prescription of a physician, cannabis is much safer: there are well over 1000 deaths annually from aspirin in this country alone, whereas there has never been a death anywhere from marijuana.” He went on to say that “it will eventually be hailed as a ‘wonder drug’ just as penicillin was in the 1940s.”

Yet the practice of jailing people for growing, transporting, buying, selling or possessing marijuana, and locking them up for longer and longer periods of time, continues. In Louisiana this year, 35-year-old Cornell Hood II was sentenced to prison for life for having been caught four times for possession and/or distribution of a substance more innocent than aspirin and with fewer side effects than any pharmaceutical painkiller on the market. In Oklahoma, Patricia Spottedcrow, whose case we examine in an upcoming post, was sentenced to prison for ten years for having sold $31 worth of marijuana. Ten years. Second degree felony assault, in which a person bludgeons another person with a deadly weapon, causing severe bodily injury, carries five years. Yet you can sell a few “dime bags” of weed and get locked up for a decade, even when you have no prior arrests and four young children at home depending on you.

Just as the for-profit health-care industry relies on sick people for profits, and thus has an interest in keeping them sick, the for-profit prison industry relies on prisoners for profits, and thus has an interest in keeping them incarcerated. And though a recent Gallup poll  shows that fully fifty percent of Americans favor legalizing marijuana and another seventy percent favor allowing doctors to prescribe it, the fight will really heat up when all those who profit from the War on Drugs mobilize their efforts against legalization.

Let me ask you one question

Is your money that good

Will it buy you forgiveness

Do you think that it could

I think you will find

When your death takes its toll

All the money you made

Will never buy back your soul

~ Bob Dylan, “Masters of War”

No Defense for Grumbine and Byron

Meanwhile, back in Long Beach, California, Judge Charles D. Sheldon on September 22, 2011, denied Joe Grumbine and his former partner Joe Byron an affirmative (medical marijuana) defense against the felony charges they face for operating two legally compliant medical marijuana collectives. Consequently, the jury who decides their fate will not hear a single word about their activities in providing medical marijuana to patients with a legitimate prescription. The two Joes will be presented as ordinary street-level drug pushers. In a political climate where state and federal law enforcement agencies are targeting dispensaries and their landlords in an apparent effort to wipe out medical marijuana dispensaries entirely, this is very bad news for the Joes. If convicted, each will face at least seven years in state prison.

At a pre-trial hearing on October 12, Judge Sheldon asked for a list of defense witnesses. Attorney Chris Glew, representing Joe Grumbine, told the judge that, because his client had been deprived of a defense, he had no witnesses. Incredulous, the judge repeated his request. Glew repeated the same answer. Commenting that he’d set aside time for a month-long trial, Judge Sheldon expressed reluctance to forfeit taxpayer dollars on a trial that would be considerably shorter than he’d expected. “We didn’t accomplish very much today,” he groused, and continued the hearing until November 2.

Citizen Outrage Grows

Outraged over “juror abuse,” a growing coalition of medical marijuana patients and advocates gathered outside the courthouse to protest the judge’s ruling. They claim that by denying the Joes an affirmative defense, Judge Sheldon is denying the jury the ability to return a fair verdict based on the facts. “A juror can not take back a guilty verdict,” said one of the protesters, citing the recent execution of Troy Davis in Texas. In similar cases across the country, countless jurors are forced to live with the pain of having returned guilty verdicts based on insufficient or false evidence. Along with the defendant, the juror pays the price for this abuse of judicial authority.

How can the life of such a man

Be in the palm of some fool's hand?

To see him obviously framed

Couldn't help but make me feel ashamed to live in a land

Where justice is a game

 ~ Bob Dylan, “Hurricane”

The next court date is set for Wednesday, November 2, 2011, at the Long Beach Courthouse. There will be a rally outside the courthouse at 8:00 AM. Court Support meets at 8:30 AM in Room 508. The trial begins on November 28.

Those wishing to join the rallies, participate in court support, or donate to Grumbine’s and Byron’s legal defense can do so at The Human Solution or phone 951-436-6312 for additional details.

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In 1995 Cynthia Johnston directed public relations for an online publication, Sources eJournal, covering intelligence, espionage and terrorism. There, she wrote a three-part series, “Confessions of a CIA Brat.” She also wrote a business column, “In the Loop,” for an independent filmmaking web publication and several pieces for Bay Area computer magazine Micro Times. After Sources went down in the dot.com crash of the late Nineties, she took a leap of faith, moved into a funky cab-over camper, and started living curbside on the streets of San Francisco. She began her first blog before blogging was a word. Her online journal earned her the opportunity to write a piece, “Mobile Homeless,” for The San Francisco Chronicle. She’s been blogging ever since.

           

Johnston began writing about her experience as a medical marijuana patient as soon as she “got legal.” She went public on behalf of legalization in 1980 with the California Marijuana Initiative and a headline: “Marijuana Protester Busted at High Noon.”