02 March 2012

March 2, 2012 Today's Stories

OH Teen Shooter: "Type Of Case That Truly Tests the Law" ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A prosecutor's statement that Thomas M. "T.J." Lane III, the Chardon, Ohio, teen who authorities say shot and killed three high school students and wounded two others, is "not well" was "not normal, but this is far from a normal case," criminal defense lawyer Ian Friedman told the Cleveland Plain Dealer. His case will automatically be transferred to the adult criminal court. He cannot face the death penalty because of his age. Lane's rights still need to be rigorously protected at every step and lawyers should be working to mount his defense now, said Daniel Margolis, an attorney who has frequently represented minors charged with serious crimes. Margolis recommended filing a "suggestion of incompetence" and ask for the teen to be evaluated by an expert before he is bound over to the adult court. Carmen Naso, ex-prosecutor in Cuyahoga County's juvenile court, said mental health problems could mitigate any sentence Lane gets -- but not much. "Even if he's really disturbed, his sentence will be lengthy." Naso, a faculty member at Case Western Reserve University's Law Clinic Center, said that if for some reason Lane was found not competent, he would be sent somewhere to have his competence restored and then be tried. Friedman said, "This is the type of case that truly tests the law," he said. "The allegations are heinous, but people still have to realize the young man still has rights." Cleveland Plain Dealer

James Q. Wilson Dies; Crime Expert, Co-Author of "Broken Windows" ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ James Q. Wilson, a political scientist who coauthored the influential "Broken Windows" article in The Atlantic Monthly in 1982, a touchstone for the move toward community policing across the U.S., died today in Boston, where he was beaing treated for leukemia, the Boston Globe reports. Wilson, 80, was most recently at the Clough Center for the Study of Constitutional Democracy at Boston College. He taught at Harvard University for 26 years before leaving in the late 1980s for California, where he had grown up, to teach at the University of California, Los Angeles, and Pepperdine University. Considered one of the nation's most significant thinkers about crime and other urban matters, Wilson cowrote the Atlantic article with George Kelling. The article, Wilson told the The Wall Street Journal, suggested that "public order is a fragile thing, and if you don't fix the first broken window, soon all the windows will be broken." Kelling and Wilson wrote in the Atlantic that "at the community level, disorder and crime are usually inextricably linked, in a kind of developmental sequence. Social psychologists and police officers tend to agree that if a window in a building is broken and is left unrepaired, all the rest of the windows will soon be broken." Boston Globe

NJ's Christie: Require Needed Drug Treatment for Nonviolent Offenders ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Calling addiction a treatable disease, New Jersey Gov. Chris Christie says he would require treatment for nonviolent criminals with drug dependence, a program that would take at least a year to start, reports the Philadelphia Inquirer. In the meantime, Christie would offer yearlong drug treatment to 1,000 to 1,500 low-level offenders now in prison. "I believe that this will be, if we do it the right way, one of the lasting legacies of this administration," Christie said at the Rescue Mission of Trenton. "Budgets come and go. Taxes go up and down. But saving lives [ ] that lasts forever." Legislators have introduced bills that would alter the state's drug court program, making treatment mandatory for any qualifying offender determined to have a problem with substance abuse. Drug court, which began as a pilot in Camden and Essex Counties in 1996, has allowed some offenders to avoid jail if they volunteer for treatment. Christie budgeted $2.5 million in fiscal 2013 for his initiative, but it would cost more to implement. As many as 7,000 people arrested annually could qualify for the program. Because it costs as much as $49,000 a year to incarcerate an inmate, Christie said, the state would save money by moving nonviolent offenders out of prison and into rehabilitation. Philadelphia Inquirer

Drug Czar: "Huge Mistake" To Overlook Prescription Drug Crisis ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The White House drug czar and Florida and Kentucky attorneys general told a congressional committee that prescription drug abuse is "a national crisis" and efforts to fight it will falter without better cooperation between states and better education of the medical community and the public about its dangers, McClatchy Newspapers report. Gil Kerlikowske, director of the Office of National Drug Control Policy, said the issue was "not on the radar screen" until recently. It's an economic problem as well, costing health care providers, employers, and taxpayers $56 billion in 2007, he said. "We weren't paying attention to it," Kerlikowske told the House Subcommittee on Commerce, Manufacturing and Trade. "That was a huge mistake." About 100 people die every day from drug overdoses. While high-profile examples such as Anna Nicole Smith and Michael Jackson get the most attention, it's a nationwide problem. Kentucky Attorney General Jack Conway said prescription drug abuse has a devastating impact on poor, rural communities, particularly in eastern Kentucky, where it accounts for a large percentage of crime. Florida Attorney General Pam Bondi said the epidemic has other consequences. At a Tampa hospital, 20 percent of babies were born addicted to prescription drugs. "Imagine the worst addict you see on TV going through withdrawals - that's how these babies come into this world," she said. McClatchy Newspapers

Should Drug Conviction Mean No Food Stamps? 9 States Think So ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Get out of prison for murder, child molestation or just about any other felony in Missouri and you can still get food stamps. If you have a felony drug conviction, forget it. You're banned for life, says the Kansas City Star. To Johnny Waller, who had a drug conviction, that doesn't seem fair. The 34-year-old Kansas City resident traveled this week, as he has for years, to the state Capitol to speak out for legislation lifting the lifetime ban. Missouri is one of only nine states where a felony drug conviction means a lifetime ban from ever qualifying for food stamps. Congress allows states to opt out of the ban, which was imposed in 1996 as part of welfare reform legislation. To date, 41 states and the District of Columbia have lifted or modified the ban. Waller believes he's the poster child for why Missouri should change its ways, because he has. He was 18 when he was convicted of possession of narcotics with the intent to sell, which landed him in prison for more than two years. In the 13 years since completing his sentence, Waller said he's stayed on the straight and narrow. He started a business and went back to school. Still, Rep. Rick Brattin doesn't want people selling food stamp cards on the black market for drug money, or trading them for drugs. "I just don't want to see the food stamp program used to subsidize a drug habit," he said. "I'm not against helping anyone, but to say a murderer can get food stamps, well, a murderer can't subsidize his crime with food stamps." Kansas City Star

DOJ Report Looks At 8 Police Departments' Use-of-Force Policies ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ How to police agency policies affect police use of force? A new report, from research funded by the Department of Justice, examined eight police agencies, (Columbus, OH, Charlotte-Mecklenburg, NC, Portland, OR, Albuquerque, NM, Colorado Springs, CO, St. Petersburg, FL, Fort Wayne, IN, and Knoxville, TN) and examined how different policies changed law enforcement strategies. Researchers found that there is no ideal (or flawed) policy approach across all outcomes, but the report offers ranking and outcomes for each policy offered allowing police executives to choose the best route for their force. The Crime Report

New Cincinnati Chief Craig Would Skip Getting Arrest Powers ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Cincinnati Police Chief James Craig wants to skip the standard state police certification process - leaving him unable to arrest people or exercise other police powers, reports the Cincinnati Enquirer. The Ohio Peace Officer Training Commission's state certification is required of every law enforcement officer in the state, but Craig - with support from some City Council members - wants an exemption. Without certification, Craig is allowed to wear a uniform and carry a gun, but it would be illegal for him to enforce Ohio law, make an arrest or pull over a vehicle. "A police executive is not likely to do that anyway," said police spokesman Lt. Maurice Robinson. "In context, you've got a man with 30 years of experience, certified with three other departments" Craig's predecessor, Tom Streicher, made many arrests. "If you're going to wear the uniform, if you're going to wear the badge, if you're going to carry a gun," he said last night, "then you should be a certified police officer in the state. Those things create a certain expectation from the public." Cincinnati Enquirer

Portrait of Mexico's Juarez Valley and Its World-High Murder Rate ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mexico's rural Juarez Valley is said to have the highest murder rate in the country, if not the world, the Texas Observer reports. Farmers proudly say it was once known for its cotton, which rivaled Egypt's. That was before the growth of Juarez's factories in the 1990s left farmers downstream with nothing but foul-smelling sludge to irrigate their fields. After that, the only industry that thrived was drug smuggling. Because of the valley's sparse population and location along the Rio Grande's dried up riverbed, a person can easily drive or walk into Texas loaded down with marijuana and cocaine. For decades, this lucrative smuggling corridor, or "plaza," was controlled by the Juarez cartel. In 2008, Mexico's largest syndicate-the Sinaloa cartel, declared war on the Juarez cartel and moved in to take over the territory. The federal government sent in the military to quell the violence. Instead the murder rate in the state of Chihuahua exploded. So much blood was shed in Juarez that few outside the region noticed the violence spilling into the rural valley to the east, where killings and atrocities began to occur on a daily basis. Police officers, political leaders, and community activists were shot down in the streets. By 2009, the valley, with a population of 20,000, had a shocking murder rate of 1,600 per 100,000 inhabitants. In one gruesome stretch in 2010, several valley residents were stabbed in the face with ice picks, and a local man aligned with the Juarez cartel was skewered with an iron bar, riddled with bullets, then roasted over an open fire. Newspapers began to call the rural farming region the "Valley of Death." Texas Observer

Some Tips for States on How To Save on Inmate Health Care Costs ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ States are looking for ways to cut prison health care costs, says Governing magazine. Correctional health care cost $9.9 billion in 2009, says Prison Health Services, a private company that provides health care to inmates. When HIV treatments alone cost $2,000 a month, you can see why costs are so high. They fall entirely on states, too, because prisoners aren't eligible for Medicaid or Medicare. "When I started in this field in 1978, health care was on average about 10 percent of the correctional budget," says Jacqueline Moore, a Colorado-based correctional health-care consultant. "Now, it's about 20 percent." The Kansas Department of Corrections has a managed-care contractor called Correct Care Solutions, which treats chronic illnesses within prison walls. Inmates with kidney disease are housed at sites that have dialysis machines, while inmates with other medical problems are moved to facilities that specialize in those diseases. The solution saves on the cost of hospital visits and related high fees, such as security guards and transportation. Consultant Moore recommends that states partner with local universities to stay on top of research, have access to nonprofit administrative oversight,and obtain better pharmacy prices under the 340B Drug Pricing Program, which provides outpatient drugs to eligible safety-net health organizations at a reduced price. Governing

Convicted Texas Pedophile Challenges Test as Junk Science ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Charged with molesting two young cousins, Michael Arena of Texas was summoned to a psychologist to measure his sexual attraction to children. The test required the 16-year-old to click through images of swimsuit-clad people of various ages while the computer secretly measured how long he viewed each photo. The results, said a prosecution-hired psychologist, said Arena was a pedophile who was a "high risk" to strike again, says the Austin American-Statesman. Prosecutors cited the test in Arena's 1999 trial, urging jurors to choose prison to protect children from a teen "diagnosed as a pedophile by an expert." The jury responded with a 20-year sentence. Now 29, Arena still has 7½ years left on his sentence. "Since the trial, his accusers have recanted, saying they lied about being sexually assaulted at the urging of their mother, who was embroiled in a bitter custody battle. Troubling details about the psychological test also have emerged, prompting Arena's lawyers to pursue an appeal designed to gain his freedom based on innocence or grant Arena a new sentencing that excludes a psychological test that defense lawyers deride as junk science. The Texas Supreme Court is weighing both requests, which are opposed by prosecutors. Austin American-Statesman

Parts of AL Immigration Law In Force Until Supreme Court Hears AZ Case ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Parts of Alabama's strict immigration law will remain in force until the U.S. Supreme Court rules on its predecessor, the Arizona statue that started a national firestorm in the debate over illegal immigration, NPR reports. The U.S. Court of Appeals for the 11th Circuit in Atlanta put off action on lawsuits against measures in Alabama and Georgia. Supreme Court arguments are set April 25 over the constitutionality of Arizona's enforcement policy. Alabama, Georgia, South Carolina, Utah, and Indiana have passed legislation modeled on Arizona's. The Justice Department has sued to block all the laws, arguing that the role of enforcement belongs solely to the federal government. Human-rights and immigrant-advocacy groups have filed suits contending that the laws violate individuals' civil rights. Regardless of the outcome, advocates on both sides look forward to seeing the roles of federal and local authorities clarified, particularly given the inability of Congress to pass an overhaul of immigration laws. "We hope that folks in Washington will recognize that there is a real crisis that they helped create, and it's their lack of leadership that has gotten us to this point," says Sam Brooke, attorney for the Southern Poverty Law Center's challenge to the Alabama law. NPR

GAO Cites Justice Department for Overlapping Anticrime Grants ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Justice Department is one of many federal agencies at which the watchdog U.S. Government Accountability Office has found overlap in spending programs. In a report this week, GAO charged that "Justice's granting agencies have not established policies and procedures requiring consistent coordination to mitigate the risks of unnecessary duplication before finalizing their award decisions. While coordination about program goals may be occurring on an ad hoc basis, GAO found that the granting agencies do not systematically coordinate their application reviews to mitigate the risk of unnecessary duplication." GAO said some grant applicants "were using the same or similar language to apply for multiple streams of funding. For example, one grant recipient applied for funding from both the [Community Oriented Policing Services] Office's Child Sexual Predator Program and [Office of Justice Program's] Internet Crimes Against Children program to reduce child endangerment through cyber investigations. In both of these separate applications, the applicant stated that it planned to use the grants to increase the number of investigations in its state, provide training for cyber crime investigations" and other similar purposes. GAO quoted the Justice Department's Office of Justice Programs as saying that it encourages applicants "to seek out as much Justice grant funding as possible, including from grant programs that may have similar objectives or allow for similar activities to be carried out." U.S. Government Accountability Office