Juries, money and drugs
My column on Sunday on a jury acquittal on a man charged with drug possession brought some sharp criticism from a reader. As you may recall, a Baltimore police officer testified that he saw a man drop drugs. The man's lawyer argued that the officer planted the drugs.
It's a case known as a "dropsie" and pits the word of the officer against the word of the suspect. In Baltimore, we know how that turns out -- the suspect's attorney called the cop a liar and the prosecutor had to remind jurors that even though they read a lot about bad cops, not all of them that way.
I had been chosen for a jury pool for this case but not put on the jury. I would've loved to been part of the discussion; I watched the video of the trial and noted that cops didn't fingerprint the drugs, which would've proven one side of the story over the other.
Here is what a reader wrote:
Dear sir,
Re: your article about that drug trial and your saying that all drugs be fingerprinted in the city. Did you do any research at all!? I used to work with the the crime lab and a phone call would have told you there are only a handful of examiners in the department. Those FEW people have to test hundreds and hundreds of prints a year and have work backed up for months on cases where the police didn't see the person commit a crime. And you want them to have to test thousands and thousands of drug cases too? It would be a delay of years to get results. Did you even find out how many fingerprints can even come off drugs? It's funny that you want to multiply the lab worker's work by a factor of ten when you are too lazy to get all the facts before you write an story. Also, personally, I think it is so irresponsible to tell everyone in Baltimore not to convict without fingerprints because you don't like the war on drugs. Well, guess what, Mr. "Journalist"? I live in a neighborhood where I can look out my window and see drugs sold. The violence on my street is mostly done by the sellers of drugs. It is so irresponsible for you to write an ill-informed article telling everyone to set drug dealers free. Elderly in my neighborhood are afraid to go buy milk after dark and now you tell everyone not to convict drug dealers. I can just hope that since no one hardly reads your paper any more that they will not read your uneducated article. Its sad what counts for "journalism" in this city.
Sincerely, someone who cares about the truth
My response:
The reader is absolutely correct in that the city doesn't have enough money or resources to fingerprint every bad of drugs that are seized. The prosecutor even told the jury that given the city's hard economic times, that sort of investigation is all but impossible.
I certainly didn't mean to cast doubt on the hard working men and women in the crime lab. They are truely overloaded with work. But my point is that if we want to continue to fight the drug war this way, and we know juries don't trust cops and will acquit when it's their word against someone elses, with no other evidence to back them up, then we might need to rethink how we proceed.
My critic is correct. But being correct and continuing business as usual won't convince juries to start convicting, and we'll continue to see people arrested for drugs only to walk back into society at the end of their trials. This was such a small, routine drug case it should never have gotten all the way to Circuit Court (where dockets are crowded enough with murder cases) but defense lawyers have no incentive to take pleas when they know they can push their cases to juries and have a good chance of getting them off.
And it doesn't help when the city doesn't even try to back up the cops by collecting evidence that jurors want to see.
Categories: Courts and the justice system
Comments
I'm very confused Mr. Hermann...you don't think "small, routine" felony narcotics cases should make it to circuit court? Do you understand that felonies cannot be tried in District Court? Do you have any idea how our system works in Maryland? you seem very confused. Please do some research.
Posted by: Baltimore Citizen | December 2, 2009 11:14 PM
In your earlier article, you stated that the defendant was charged with possession with intent to distribute. That is a felony. Felonies begin and end in Circuit Court. I would think that a crime reporter would know this. I guess your critic above is correct about your inability to research your work. Or maybe you just have it out for this prosecutor or his/her office.
By the way, isn't this the fourth piece you have written on this case? Is there not other crime in Baltimore for you to cover?
Posted by: Get a Grip Man! | December 3, 2009 12:29 AM
Mr. Hermann:
Your comments are interest6ing.
Yes, drug felonies can only be prosecuted at Circuit Court in Maryland. But theft related felonies have concurrent jurisdiction in District Court. Also there is no ifferentiation between the sale of one "pill" of heroin and possession of 100 capsules of coacaine. Either way the maximum sentence is 20 years. With certain exceptions for much larger quantities and repeat offenders there are no mandatory sentencing requirements. And unlike federal guidelines, the guidelines in Maryland do not take into account the amount of drug for sentencing guidelines calculations.
Other states have criminal code provisions that set out specicific quantities of drugs and base sentences on proof of that quantity and also base sentencing minimum and maximums upon the defendants record. They have "not less than 3 years not more than five years" for wxample for xx amount of drug and the defendants record.
Perhaps what needs to happen is that the legislature look at "one size fits all" felony narcotics laws and set up degrees of offenses as they have done with assault and burglary type offenses and give concurrent District Court jurisdiction to lesser amounts of drugs. This allow prosecutors to proceed at Circuit Court on those cases where the kinds of proof you see as needed and is available while putting other cases in the District Court to begin with.
However, you must remeber that even misdemeanor possession fof drugs in Maryland as the law is currently written, gives the defendant a right to a jury trial.
Posted by: mjschroeder | December 3, 2009 12:46 PM
Mr. Hermann:
Your comments are interest6ing.
Yes, drug felonies can only be prosecuted at Circuit Court in Maryland. But theft related felonies have concurrent jurisdiction in District Court. Also there is no ifferentiation between the sale of one "pill" of heroin and possession of 100 capsules of coacaine. Either way the maximum sentence is 20 years. With certain exceptions for much larger quantities and repeat offenders there are no mandatory sentencing requirements. And unlike federal guidelines, the guidelines in Maryland do not take into account the amount of drug for sentencing guidelines calculations.
Other states have criminal code provisions that set out specicific quantities of drugs and base sentences on proof of that quantity and also base sentencing minimum and maximums upon the defendants record. They have "not less than 3 years not more than five years" for wxample for xx amount of drug and the defendants record.
Perhaps what needs to happen is that the legislature look at "one size fits all" felony narcotics laws and set up degrees of offenses as they have done with assault and burglary type offenses and give concurrent District Court jurisdiction to lesser amounts of drugs. This allow prosecutors to proceed at Circuit Court on those cases where the kinds of proof you see as needed and is available while putting other cases in the District Court to begin with.
However, you must remeber that even misdemeanor possession fof drugs in Maryland as the law is currently written, gives the defendant a right to a jury trial.
Posted by: mjschroeder | December 3, 2009 12:47 PM
Dear Citizens of Baltimore,
The drug war has failed! Trying people on non-violent drug offenses is a waste of time and money. Locking people up on drug charges is a waste of money, especially when the person is an addict and little (if any) treatment is given in prison.
The notion that the threat of prison will deter the sale of drugs and prevent violence is entirely FALSE! Take a look outside your window. Are you satisfied with the results?
I for one, am sick and tired of all the unnecessary violence. The black market must be eliminated! I'm also fed up with people constantly whining and complaining without proposing any alternative. Here's my alternative:
Have the city legally dispense cocaine and heroin (eliminating the markets responsible for the violence) at a set purity along with clean needles out of city-ran clinics designed specifically for this distribution. Have rehabilitation information available in the clinic for anyone looking to clean up and get their act together.
By doing this, we would completely eliminate the black market resulting in an END TO THE VIOLENCE. Kids would also no longer have the option of making a quick buck by standing on the corner and instead would have to stay in school to get a real job. The court system will no longer be backed up, the prisons will no longer be full and people will be able to step outside their door without being afraid of catching a stray.
We must understand that a drug-free society is a utopia that will NEVER be reached. Therefore, we must be realistic and logical in order to save our people and our city.
Peace,
The Volunteer
Posted by: The Volunteer | December 3, 2009 7:54 PM
Dear Citizens of Baltimore,
The drug war has failed! Trying people on non-violent drug offenses is a waste of time and money. Locking people up on drug charges is a waste of money, especially when the person is an addict and little (if any) treatment is given in prison.
The notion that the threat of prison will deter the sale of drugs and prevent violence is entirely FALSE! Take a look outside your window. Are you satisfied with the results?
I for one, am sick and tired of all the unnecessary violence. The black market must be eliminated! I'm also fed up with people constantly whining and complaining without proposing any alternative. Here's my alternative:
Have the city legally dispense cocaine and heroin (eliminating the markets responsible for the violence) at a set purity along with clean needles out of city-ran clinics designed specifically for this distribution. Have rehabilitation information available in the clinic for anyone looking to clean up and get their act together.
By doing this, we would completely eliminate the black market resulting in an END TO THE VIOLENCE. Kids would also no longer have the option of making a quick buck by standing on the corner and instead would have to stay in school to get a real job. The court system will no longer be backed up, the prisons will no longer be full and people will be able to step outside their door without being afraid of catching a stray.
We must understand that a drug-free society is a utopia that will NEVER be reached. Therefore, we must be realistic and logical in order to save our people and our city.
Peace,
The Volunteer
Posted by: The Volunteer | December 4, 2009 10:13 AM
I'm bothered by your comment that "continuing business as usual won't convince juries to start convicting, and we'll continue to see people arrested for drugs only to walk back into society at the end of their trials."
The point of trial by jury is not to funnel everyone who is arrested into a conviction. The prosecution's job is to PROVE THEIR CASE, and if they can't, or don't, then the rule is innocent until proven guilty. The juries are doing their job--hearing the facts, and making an informed decision. This is not a failure of the justice system. It's a success.
Posted by: Habeas Corpus | December 4, 2009 1:49 PM
The war on drugs is an example of the cure being worse than the illness. Drug users harm themselves, the war on drugs harms everyone.
Posted by: PWJeeps | December 4, 2009 2:04 PM