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December 4, 2009

Marty Ward and the drug war

Thursday's ceremony for slain Baltimore Police Det. Marty Ward, who was killed making an undercover drug buy 25 years ago, got me thinking a lot about drugs and the way we fight the drug war.

Marty was a seasoned cop when, as part of U.S. Drug Enforcement Administration task force, he negotiated a heroin buy from a man and then got shot as his raid team ran up the stairs. Ward's dying gasps were caught on tape that was played at his trial.

At the ceremony outside the house in which Marty had been shot, 1829 Frederick Avenue, cops gathered and talked about continuing the drug war and "standing the line" but it was clear that 25 years of seemingly futile work has made little headway. Above, in a picture by The Sun's Lloyd Fox, Officer Efren Edwards salutes). 

The best that could be said came from Gary Childs, who was the lead cop on the raid team when Marty was shot. Standing back at the house a quarter-century later, Childs told me: "Imagine what it would be like if we didn't do what we did. We try to put a lid on it and make it OK for the people who have to live here."

In other words, we're barely keeping pace. We're struggling to maintain the status-quo. As as several police officers told me on Thursday, the amount of heroin Marty was negotiating for in such an elaboarate and dangerous sting is roughly the same amount cops today get in standard street rips.

"Baltimore will never change," one city police lieutenant told me.

It's not that all this for nothing. But it's got to be disheartening for police officers to return to a street where one of their own had been killed so long ago and find it no better or even worse than it was back then. Those who knew him described Marty Ward (left) as a cop with unquestioned integrity, who truely gave up his life for others.

After completing the drug deal and getting the incriminating words on tape, he could've walked down the stairs from the apartment above the Kandy Kitchen and let the raid team go up. But he knew the suspect, Lascell Simmons, had a .357 Magnum, and so Marty decided to stay to try and distract him as his fellow cops ran up two flights of stairs in the cramped rowhouse. Simmons heard them coming and shot Marty four times before they could arrive.

It was Childs, listening to the live audio feed, who heard Simmons' gun cocking, then a shot, then the gun cocking again, then another shot. Childs could be heard screaming "Marty, Marty Marty!" before he cut the feed. It was Childs, who would later become a city homicide detective and now works for Baltimore County police, who ran up the narrow stairs and shouted to Simmons to throw down his gun. Simmons refused, saying he didn't believe Childs was a cop.

"I ain't throwing no gun down till the police come," Simmons said, according to a 1985 Baltimore Sun story. "Don't come up here, man. I'm telling you wait unitl the police come, man. I can't let y'all up here because I don't know who y'all is, man."

Childs screamed up: I am the ---- police, here's my badge. Now throw the gun down and walk down and if that man dies, I'll kill you."

Simmons died in prison in April while serving a 160 year sentence for Marty's death.

Haunting words from so long ago. My colleague Dan Rodricks -- he has a blog called Random Rodricks --  wrote a moving column in 1985 that, without the names and date, could be written today. He wrote that on Dec. 3, 1984, about 5 p.m., most people were sitting down to dinner or watching TV, and "with no one paying much attention, a police officer named Marty Ward was trying as best one man could to save the city. He was trying to stop the seepage of heroin into the blood of Baltimore."

The seepage continues, not because Marty failed, but for many other reasons that could be and are debated in books, in university classrooms and in squad rooms across the country. A few months ago, Baltimore Police Commissioner Frederick H. Bealefeld III addressed officers in a training seminar and criticized past administrations for failing to effectively combat drugs.

He said that after Marty Ward was killed, cops reserved undercover drug buys for the most serious of cases and the most wanted of men. That way, when a detective brought a suspect to a judge, even for a small amount of drugs, the judge knew that this man was a high-level target because otherwise police wouldn't have risked their lives to bring him in. In short, the bust meant something.

But Bealefeld said that past Baltimore police commissioners decided they could buy drugs from everyone and put everyone in jail. Judges came to work with addicts lined up around the corners and concluded, rightly, that the cops had no real plan other than mass arrests. Their dockets were overloaded with petty criminals while the big-time suppliers roamed free. Prosecutors set an arbitrary limit to stem the tide, requiring 30 pieces of crack or small bags of heroin to bring a felony charge. The dealers started carrying 29.

Bealefeld said he's trying to turn that around. Here is some of what he told the cops in training, according to Sun reporter Justin Fenton who was allowed to attend:

"We reserved undercover buys, hand to hand buys, after that, after that death, we reserved undercover buys for the biggest targets we could think of. Guys’ we couldn’t get any other way. So we didn’t do it a lot. Not cause we were afraid, not just because of Marty Ward. But we said to each other, 'If we’re going to do this, it’s a big deal. It’s a really big deal. And the people we get, are a really big deal.'

"Who else knew that? The judges knew that. And all this crap about 30 pieces, all that other junk we’ve lived with, it still meant something to sell dope to a cop. It meant something. We put you in plainclothes, we send you out. It wasn’t TV stuff. ... If we gave you twenty bucks of marked money and bought two pills and we went and locked that guy up, it meant something. It was a very clear signal that we were serious about that guy. Cause most of the judges knew about Marty Ward too. They knew about our history and about our policing tactics, of this agency. It meant something."

Bealefed then referenced (and sharply criticized) former Police Commmissioner Kevin P. Clark:
 
"Anyone know what Clarks’ stategy to solve drug dealing in Baltimore was? His core strategy was, that he believed we could buy dope from all the drug dealers and put them out of business. It's preposterious, right? Why do we know that? Cause you wear this uniform and patrol these streets. It would be like you tomorrow, you’re the police chief of Albuquerque, New Mexico, and on the plane ride out, you’re writing down all this stuff about how to solve crime in Alburquerque, New Mexico. Could she do it? no. hell no.

"He had this idea, he’d train all these teams, he’s gonna train all these undercover teams, New York style. He brought in New York guys to train Baltimore guys about how to police in Baltimoe, and we’re going to buy dope from everybody and fill the jails up with drug dealers. And then there’s no one to sell dope.

"I may be a lot of things, I’m a damn good drug cop. And I’ve locked kids up 8 to 88. It's impossible to do. Forget the impracticality of it. But in an instance, by way of an ill-advised police strategy, what happened to our tactic? It's gone. Cause guess who knew we weren’t serious anymore? The judges. Now, instead of taking a handful a year and saying, 'I don’t know what you did son, but they used buy-bust on you, you’re going to jail.' Selling to a cop is an instant felony. Whether you sold one pill or 5,000 pills, it’s a felony in an instant. A bag of weed? Felony. You go to jail. And now you and hundreds of cops all over the city, buying from everybody indiscriminately, the juges figured that out too. There’s no priorities here. how are you telling me this guy is a bigger priority than the 386 guys I have on my docket today. So guess who went to jail. Nobody. Nobody. Nobody went to jail behind a tactic that worked for us for years, and its gone. Gone. In one move. In one stroke, gone."

Posted by Peter Hermann at 7:12 AM | | Comments (19)
        

Comments

How many more lives will it take before we all realize that prohibition is helping to increase robberies and assaults on innocent people. --The high prices of drugs caused by prohibition force many drug addicts to turn to robbery in order to pay for their drugs. Legalized regulation would drop drug prices. Drug users would no longer need to rob/assault innocent people in order to support their drug habit. This violence against innocent people would end if drugs were legally regulated.

How many more lives will it take before we all realize that prohibition is helping to clog prisons and jails with nonviolent people. --Nearly 50% of all people in prison and jail are serving time for nonviolent drug charges. To house just one prisoner for one year costs the taxpayer more than 40 thousand dollars! The result; Drug use has increased!

How many more lives will it take before we all realize that prohibition does nothing but feed organized crime, terrorists and drug cartels. --criminal organizations thrive off the enormous profits caused by drug prohibition. These organizations are responsible for thousands of murders! Many of the people killed or hurt are innocent people who "get in the way" These violent organizations will never be put out of business unless drugs are legally regulated.

I remember this, but can't believe 25 years have passed since. Hard to believe, too, that not much has changed in the war on drugs The police lieutenant stated "Baltimore will never change." Short and sweet and right on the money. Unfortunately......

Then let's PLEASE stop this damn war then, ok? Cops are killing civilians, civilians are killing cops. Bad bad guys like politicians, cartels, the private prison industry, and crooked cops and lawyers are getting rich.

The War on Drugs is a War on Americans. Stop it NOW!

Marty Ward was one of the finest Officers that I had the pleasure to work with as an Assistant States Attorney in Baltimore City and who appeared before me as a Judge.Notwithstanding any one's personal opinion with regard to the war on drugs to imply that honoring him in any way is an effort to justify the war on drugs is foolish.He was murdered in the line of duty.The incident was taped.I was furious and deeply saddened at the same time.He was dedicated to his family and to our City.Marty gave 100% everyday.May he rest in peace and may his memory be eternal.

Well we shouldn't wonder why more cops are beginning to call for drug legalization (check out Law Enforcement Against Prohibition). As I heard a police chief say this weekend, "frustration is the mother of invention", though there's admittedly nothing new or particularly inspiring about the legalization arguement. The symbolism of drugs is well entrenched and continues to shape public policy, and no one should take the recent movement toward reforming marijuana laws as evidence of a wider trend toward ending drug prohibition altogether. That ain't happening anytime soon....
Regardless, Bealefeld is right. "Zero tolerance" was an asinine policy that wasted precious resources and time, and what did we get for it? An even wider, deeper chasm between the black community and the police. Animosity between the mayor's office, police department, state's attorney and the courts that destroyed any hope of effective collaboration.
Over the past 2 days, cops, prosecutors both state and federal, parole and probation officers, social service providers, outreach workers, academics and researchers and even former offenders met in New York for the first conference of the National Network for Safe Communities, a new organization whose primary goal is to develop, refine and spread the use of two innovative strategies designed to drastically reduce gun violence and permanently close overt drug markets, all with very little reliance on the traditional criminal justice sanctions of arrest and prosecution. The efficacy of these strategies has been repeatedly demonstrated in violent and drug addled communities across the country, despite the fact that this unorthodox approach has often faced the serious obstacles of entrenched, ineffective police practices and the cowardice and grandstanding of politicians and agency leaders who would rather blame each other for past failures than take a hard look in the mirror. I know it's been tried here in the past, only to have its initial promise abandoned in the face of nonsensical bickering and petty power feuds. I've been told that we are currently implementing a "version" of this strategy in at least one neighborhood in this city, though I question the city's commitment to following through.
I often hear the Sun criticized for focusing solely on the intractable plague of murder and drug mayhem that continue to plague Baltimore rather than the good work that is being done to change this city. Regardless of the truth or relevance of such criticism, I for one want to hear more questions being asked about why we are or are not doing in this city what others are doing to fundamentally change the rules of the catastrophic drug war game we've been playing for decades. And the details, please! "Standing the line" is a sick joke that cops don't even believe. That we allow this public charade charade to continue is shameful. We need to start speaking openly and honestly. Without the support of the community, the cops are POWERLESS to do anything about drugs and violent crime. And as long as we continue to unquestionably support the use of arrest, prosecution and incarceration as the primary means of dealing with these problems, we are condemning the most affected communities to continued degradation and the entire city to backwardness.

The only reason this violence and insanity goes on is because of the failed policy of prohibition.

Government created these criminals by making their lifestyle illegal.

You don't have to agree. You don't have to like it. But you also don't HAVE t participate in the drug culture if you don't want to, and keeping it underground, violent, and dangerous only serves to make the criminals rich, the good guys dead, and the masses are out millions and millions of dollars wasted on a failed program.

Oh, and if this is a War on Drugs, and the people ON drugs are winning, what the hell does that say about the "good" side?

25 yrs? Incredible. where does time go?

To a great cop and a great guy.

RIP Brother Marty

Judge Themelis wrote "Notwithstanding any one's personal opinion with regard to the war on drugs to imply that honoring him in any way is an effort to justify the war on drugs is foolish." Sorry Judge, but they could have just had a memorial service, but instead decided to use his death as political propaganda to advance their cause - 'winning the war on drugs' (and funding their agencies and 401ks). It is insulting to the man's memory and invites a response. We are no longer going to tolerate this racist and immoral War on Citizens.

Long live Hamsterdam.

p.s. micbearing - get back to your paper!

The war is worse than the problem. Eliminate the drug profit and the violence stops. Legal drug companies DO NOT have shoot outs on the corner. Bayer NEVER did a drive-by on Shering-Plough. This war on drugs is a cure that is worse than the illness. Drugs, like alcoholism, is a MEDICAL problem, not police.

- Childs told me: "Imagine what it would be like if we didn't do what we did." - Yeah, it would actually be a nice neighborhood and Marty Ward would be alive to enjoy it. We need to stop this war on drugs. I hope that the public will visit http://www.leap.cc and listen to what cops have to say about prohibition.

If you want to debate the war on drugs folks, do it somewhere else. Call your elected officials and have it done the democratic and American way - not here please. In the meantime, please respect the life, service, and ultimate sacrifice of Det. Ward. This guy was a real hero who did his best to make Baltimore safer. Throwing jabs at the American drug policy through the Marty Ward memorial story is the wrong arena. This should be about nothing more than honoring a true public servant.

Young Turk, there is nothing immoral or racist about the police attempting to enforce laws against the sale, distribution, or possession of drugs but there is something disingenuous about your claim and I invite you to substantiate it. I was born and raised in Baltimore and attended high school in Mt. Vernon. Drugs and the accompanying violence were and are a nightmare for thousands of Baltimoreans. We need more people to support an honest, good faith effort to clean up the street corners not people to deal the racism card every chance they get. I invite you or anyone else who reads this to contact me at my email address.

Marcellus was my brother in law. His ONLY son, my nephew. Big Marty as we called him always had something to tease me about. A few days before he was killed, he came by to see me and my newborn. I was baking chocolate chips cookies with my mom. He came in and stole the cookies right off the tray hot. (As he usually did, his timing for homecooked/baked goods was impeccable). It was an eerie visit because he said, I might not get Christmas cookies so I'm taking mine now. He & my sister spoiled the hell outta me. I still love him (and she does too).

Judge Themelis; you are someone who makes their living off the war on drugs. A huge segment of your income depends on this dreadful policy. Many other drug warriors have no real skills, and no further prospects without this asinine and counter-productive war. The judiciary has become bloated and private prison companies depend on it for growth of their business. None of you are serving or defending society. You are just serving yourselves and defending your pay checks. How do any of you sleep at night? The death of this brave officer is on all your hands!

What "Al" fails to realize is that these comments are being made on a BLOG titled "Marty Ward and the drug war". I could agree with being outraged if they were made at a funeral home or a memorial service, but at some point we need to have a real discussion about the drug war and its costs. A blog is the right place.
It is a part of human nature to discuss things like this. Bealefeld used this opportunity to give his thoughts on criminal justice issues. I didn't hear you objecting to that.
There is nothing wrong with respectful discussion, which is what we have on this page. And you won't silence us simply because you disagree.

In response to the poster who said "eliminate the drug profit and the violence stops." Even if that were to occur, how does it solve the problem? Addicts who have no other means to legally obtain their drugs will likely revert to the same actions as before, and society will be right back where it was. I only vaguely remember the sacrifice of Det. Ward, but he gave his life in the performance of his sworn duty to this city and that SHOULD be recognized.

Terry wrote, "Addicts who have no other means to legally obtain their drugs will likely revert to the same actions as before, and society will be right back where it was." Sure, that will continue to be a problem, but it will be less of one. The idea is that you shouldn't treat addicts like criminals. They should be treated like we treat alcoholics. Family, friends, churches, and non-profits should help them and treat them like human beings. Non-profits could help and run maintenance programs, like you have with methadone. But the main improvement comes from the fact that criminal gangs won't be able to make money off drugs anymore. And I want to make clear, no one doubts that Detective Ward was a fine man who didn't deserve his fate. But the decency of the man and the tragedy of his death does not justify this cause. And when you hear people make asinine statements like "Imagine what it would be like if we didn't do what we did. We try to put a lid on it and make it OK for the people who have to live here" I think reasonable people have to respond. The neighborhood is full of boarded up houses, drug dealers and murderers still roam the streets, and there are just as many drug addicts there today as there were then. Nothing has been achieved. It has all been in vain.

When they had this problem in China , the government went to the United Nation and started the Boxer (opium) War.

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About Peter Hermann
Peter Hermann started covering news for The Baltimore Sun in 1990, first in Anne Arundel County and, starting in 1994, reporting on the Baltimore Police Department. In 2001, he was assigned to Jerusalem as the Baltimore Sun's Middle East correspondent. He returned in 2005 as an assistant city editor overseeing crime coverage. In 2008, Peter returned to the beat as a daily reporter and blogger. A recent BBC report featured him in a segment on the harsh realities of covering crime in Baltimore.

Coverage will focus on crime trends, problems in neighborhoods in the city and elsewhere, profiles of victims and police officers and try to offer readers a fresh perspective on one of the most vexing issues facing Baltimore and its future.



Contributing to this blog is Justin Fenton, who joined The Sun in 2005 and has covered the Baltimore City Police Department and the criminal justice system since 2008. His work includes an investigation into Cal Ripken Jr.’s minor league baseball stadium deal with his hometown of Aberdeen, a three-part series chronicling a ruthless con woman, coverage of the killing of five Amish children at a schoolhouse in Nickel Mines, Pa., and a job swap with a British crime reporter to explore differences in crime-fighting. A special report looking into how city police handle rape cases led to sweeping reforms that changed the way sexual assaults are investigated in Baltimore. He was recognized as the best reporter in Baltimore by the City Paper in 2010 and by Baltimore Magazine in 2011.
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