Criminal Justice News Letter – March 27, 2023

Section I: Political Watch & White Collar Crimes

Article 1. The Status of the Federal Death Penalty

The United States Attorney General, Merrick Garland, has decided to take an ‘individualized approach’ to the federal use of the death penalty in capital cases. Attorney General Garland comes from the Federal Court of Appeals, therefore, he is a judge at heart. This translates into looking at each case on a ‘case by case’ basis. The facts will be analyzed and the motive accessed to determine if the ultimate penalty should be imposed.

Lisa Monaco, Deputy Attorney General, defined the ‘individualized approach’ in a memorandum to federal prosecutors. According to this memo, prosecutors can recommend death for “crimes causing the most harm to the nation, including through widespread impact to the community,” while noting that each case should be evaluated “on its own merits and on its own terms.”

The problem with such an approach, opponents say, lacks uniformity and specific guidelines. However, by reviewing each case with an objective eye, is Garland attempting to develop uniformity and even parameters in imposing the death sentence?

For example, Patrick Crusius killed 23 people in a racist massacre at an El Paso, Texas, Walmart in 2019. Federal prosecutors initially sought the death penalty. However, Attorney General Garland rejected the recommendation after reviewing Crusius’ mental state. Further investigation into Mr. Crusius’ background and testing revealed he suffers from schizoaffective disorder. However, this is not the conclusion of Mr. Crusius escape from the death chamber. In the state of Texas, state prosecutors revealed they are pursuing their own separate case that could result in a death sentence. (Remember we have two separate criminal justice systems in this country; state and federal).

In contrast to Mr. Cruisus’ case, federal prosecutors in New York have been given the go ahead by Mr. Garland to urge the jurors to impose the death sentence in the case of convicted terrorist Samfullo Saipov. Mr. Saipov was convicted of intentionally striking and killing eight people on a crowded Manhattan bike path. The difference in this case, Mr. Saipov has shown no remorse for the incident and remains a dangerous person even while incarcerated.

So, according to the merits of these two cases, we can begin to see some guidelines developing. If a federal inmate suffers from a mental illness, he/she should not be executed if they commit a capital crime (as it should be). However, if a defendant shows lack of remorse and incurable behavior while in custody, they may face the death chamber if their crime is classified as a capital offense (murder in the first degree).

However, Mr. Garland has not explained why he withdrew the death penalty against at least 25 defendants in cases he inherited. These cases include such heinous crimes as: murder of witnesses, gang homicides with multiple victims, and the killing of a sheriff’s deputy.

In the case involving a former police officer, the death penalty was taken off the table. Mr. Nicholas Tartaglione is charged with murdering four people north of New York City. “The government never told us why they decided to seek the death penalty, and they never told us why they withdrew it,” Bruce Market, a lawyer for Mr. Tartaglione said. The answer could be how the defendant approaches his/her case. If he/she is willing to enter a plea of guilty, the government could ultimately take the death penalty ‘off the table.’ Such is the status in Mr. Tartaglione’s case. He entered a plea of guilty, sparing the prosecutors and victims from a trial.

The entering of a plea of guilty to avoid a particular sentence is as old as the American criminal justice system. Ethel Rosenberg would have been spared the electric chair had she pled guilty and testified against her husband. However, she did not enter the plea and ultimately went to the death chamber, yes, with her husband.

So, where do we stand now? We will have to wait and see if incremental decisions made by Mr. Garland and the Justice Department ultimately formulate clear guidelines as to when the death penalty should be imposed.

– source – Wall Street Journal.

Article 2. Mexico’s Once Top Cop Guilty of Drug Distribution in America – featured article.

Genaro Garcia Luna, the former Secretary of Public Security in Mexico from 2006 to 2012, was convicted on February 21, 2023, by a federal jury in Brooklyn of all five counts of a superseding indictment charging him with engaging in a continuing criminal enterprise that includes six drug-related violations, international cocaine distribution conspiracy, conspiracy to distribute and possess with intent to distribute cocaine, conspiracy to import cocaine, and making false statements. The verdict followed a four-week trial before United States District Judge Brian M. Cogan.  When sentenced, Luna faces a mandatory minimum sentence of 20 years imprisonment and a maximum of life in prison. 

Breon Peace, United States Attorney for the Eastern District of New York, announced the verdict and said, “It is unconscionable that the defendant betrayed his duty as Secretary of Public Security by greedily accepting millions of dollars in bribe money that was stained by the blood of Cartel wars and drug-related battles in the streets of the United States and Mexico, in exchange for protecting those murderers and traffickers he was solemnly sworn to investigate.”

As proven at trial, from 2006 to 2012, Garcia Luna was Mexico’s top law enforcement official, serving as Secretary of Public Security and, in that capacity controlled Mexico’s Federal Police Force.  Previously, from 2001 to 2005, the defendant was the head of Mexico’s Federal Investigative Agency (“AFI”).  The defendant used his official positions to assist the violent Sinaloa drug cartel in exchange for millions of dollars in bribes.  Garcia Luna’s conduct included facilitating the safe passage for the Cartel’s drug shipments, providing sensitive law enforcement information about investigations into the Cartel, and helping the Cartel attack rival drug cartels, thereby facilitating the importation of multi‑ton quantities of cocaine and other drugs into the United States.

The evidence included testimony from former high-ranking members of the Sinaloa Cartel with direct knowledge of the defendant’s corrupt activities.  For example, in exchange for bribes, the defendant’s Federal Police Force acted as bodyguards and escorts for the Cartel, allowing Cartel members to wear police uniforms and badges, and helped unload shipments of cocaine from planes at Mexico City’s airport, then delivered the cocaine to the Cartel. The defendant was paid in U.S. currency — $100 bills in bundles of $10,000 at times — stuffed variously in a suitcase, briefcases and duffel bags.  The bribe amounts increased over the years as the Sinaloa Cartel grew in size and power through the assistance of the defendant.   Former members of the Cartel testified that bribe money was handed off to the defendant in a variety of locations, including at a “safe house” located in Mexico City where large amounts of cash was hidden in a false wall,  at a car wash in Guadalajara, and at a French restaurant in Mexico City across the street from the U.S. Embassy.  Further, in exchange for the millions of dollars that the defendant was receiving in bribes, his federal police leaked sensitive information that enabled the Cartel to evade detection by law enforcement or use the information in attacks on rival traffickers.

Finally, after moving to the United States in 2012, Garcia Luna submitted an application for naturalization in 2018, in which he lied about his past criminal conduct on behalf of the Sinaloa Cartel in an attempt to become a U.S. citizen. Mr. Luna is awaiting sentencing.

For additional information concerning Mexico’s leaders turning a blind eye toward the drug cartels, go to https://centerofhistoryandpublicpolicy.com/criminal-justice-news-letter-february-20-2023/.

– sources – U.S. Department of Justice, ED/NY, Press Release

Article 3. Police Reform in Memphis or “Defunding the Police?”

The Memphis, Tennessee, City Council passed several pieces of police reform in the wake of Tyre Nichols death at the hands of Memphis police officers. On January 7, 2023, Mr. Nichols was pulled over by the Memphis Police Department for a traffic stop. Police body camera footage showed several police officers kicking and striking Mr. Nichols several times. At times, Mr. Nichols appeared to be defenseless and subdued. Mr. Nichols died three days later, on January 10, 2023, in the hospital. Five former Memphis Police Officers have been charged with aggravated assault, aggravated kidnapping, official misconduct, and official oppression. All of the police officers are black, as was Mr. Nichols.

The series of reforms would include an annual review of techniques for police training, require officers to use marked vehicles for traffic stops, and an increase in the collection of police data. The most controversial of the reforms passed is the creation of an independent review process of department incidents that will then be provided to the Citizen’s Law Enforcement Review Board. In other words, Memphis P.D. now has a Civilian Review Board.

Police Civilian Review Boards (CRBs) are very controversial. They ask civilians to put themselves in the shoes of police officers. If you have not walked a post, walked up on a vehicle after a traffic stop, restrained an unruly individual, executed a search warrant, made an arrest, or carried out any duty that a sworn, trained, police officer does, it is a very hard position to put yourself in and pass judgment.

There is no other job like it. There is no other position that requires: restraint yet strength; making a split second decision yet take time to review all options; and being friendly to citizens yet enforce all laws equally (some unpopular laws at that).

Yes, CRBs are very unpopular with law enforcement. However, they do enhance civilian participation in matters regarding ‘use of force.’ Those civilians who participate on CRBs must at least be trained in the ‘use of force matrix.’ The use of force matrix trains police officers, when and what type, of force can be justified in a given situation. It starts at the interview stance and a compliant citizen. It works its way all the way up to the use of deadly force when the officer’s life, or the life of another, is in danger.

CRBs have always been in use in some police departments. However, with the ‘defunding’ movement, they are being demanded by citizens who witness police abuse. If you are interested in more information of the ‘defunding’ movement, see https://centerofhistoryandpublicpolicy.com/defunding-police-in-21st-century/ for additional information.

– sources – The Hill and Wall Street Journal

Section II: The Local Drug Corner

Article 1. The Fentanyl Numbers

According to the Federal Drug Enforcement Administration (DEA), since January 1, 2023, DEA agents have seized over 8,170,000 pills associated (laced) with fentanyl. DEA agents have also seized over 1,660 pounds of fentanyl. Medical experts have determined that 2 mg of fentanyl is a potentially lethal dose. Therefore, the DEA has determined it seized (taken off the streets) approximately 47.2 million deadly doses.

Compare that to 2022 data. DEA agents claimed to have seized more than 410 million deadly doses of fentanyl. It is too early in 2023 to tell if we are winning the fentanyl war. One thing is certain, a novice (recreational) user of drugs is at risk for an overdose if they are not careful. Remember, only 2 milligrams of fentanyl is lethal.

– source – Drug Enforcement Administration

Article 2. How Do We Spend the Opioid Settlement Money?

Now that U.S cities and counties have won the judicial battle over the pharmaceutical industry, in regards to the opioid crisis and settlement, the bigger question remains; how will the money be spent? The funds from the national settlement could total $50 billion over the course of two decades. The amount of money may seem significant, but as Brandy Carney, Cuyahoga, Ohio, County Public Safety and Justice Chief said, “That amount of money might seem large, and then it quickly goes out the doors.”

Cuyahoga County, which includes Cleveland, Ohio, has approximately 1.3 million residents. The city witnessed a 222% increase in drug overdose deaths from a period of 2007 to 2017, the year the county filed suit. County officials have moved to quickly implement plans to spend the $125 million it will receive. Cuyahoga County has decided to opt for treatment rather than incarceration. It will spend more than half of that amount for a new treatment center. The money will also fund inpatient and outpatient treatment programs, included in emergency rooms and even jails. There are also school-based prevention programs that will be implemented using the settlement funds.

Summit County is home to Akron, Ohio, and is Cuyahoga’s neighboring county. Summit County has about 540,000 residents, almost a third of Cuyahoga County. The county also experienced a surge in overdoses as a result of the opioid crisis. At one point, the county medical examiner had to bring in mobile trailers to handle the spillover.

However, Summit County has taken a much slower approach to spending the $104 million dollars it has been given. According to Greta Johnson, Chief of Staff for Summit County Executive Office, she stated, “We have money, and that’s new to us…It’s a full time job to spend money of this size. We don’t want to dump it all in one place and are avoiding the temptation of letting it burn a hole in our pocket.”

It appears that Summit County is diversifying their settlement funds, which is guided by a 16 member advisory council as well as hospital staff and sheriff’s office representatives. They have opted for a $5.3 million grant for a data platform to help agencies coordinate addiction care. There will be $1.5 million available through a program that will fund transitional care for individuals leaving custody. There are 30 smaller grants of less than $10,000 awarded to local nonprofits to provide education or housing to the community. A local hospital was awarded $2 million to help support pregnant women with opioid addiction. Summit County will also invest several million dollars to expand medication assisted treatment programs.

No matter how the money is spent, Ms. Johnson is cautious and hits the nail on the head in her statement, “The other hard part is that there are still people dying. We’re still going to lose people, and we have all this money but still can’t save everyone.”

– source – Wall Street Journal

Section III: The Firearm Table

Article 1. Record Number of Firearms Found by TSA

The Transportation Security Administration (TSA) found more than 6,500 firearms in carry on bags just in 2022. This is a record for the TSA. According to officials 6,542 firearms were found in carry on bags during security check points at 262 airports.

TSA Administrator David Pekoske gave the following statement, “I am incredibly proud of our dedicated TSA employees who perform the critical task of securing our nation’s transportation systems each day.”

Firearms are not allowed on airplanes regardless of whether the passenger holds a permit to carry a concealed weapon. A Passenger can be given permission to transport the weapon in a checked bag (not a carry on) if certain requirements are met. Also, the TSA will increase the civil penalty for firearms violations to $14,950. Violators will also lose their eligibility for TSA PreCheck for up to five years. They could also face arrest and imprisonment.

Airports that have the distinction of the highest number of incidents in 2022: Hartsfield-Jackson Atlanta International Airport; Dallas/Fort Worth International Airport; George Bush Intercontinental Airport in Houston; Nashville International Airport; and Phoenix Sky Harbor International Airport.

– source – Wall Street Journal

Section IV: Mental Health and Criminal Profiles

Article 1. San Quentin Prison – What to do with a prison built in 1852?

“California is transforming San Quentin – the state’s most notorious prison with a dark past – into the nation’s most innovative rehabilitation facility focused on building a brighter and safer future,” according to Democratic Governor Gavin Newsom. Yes, one of the nation’s oldest prisons is turning into a Scandinavian-style center for inmate rehabilitation. Governor Newsom hopes the transformation will be a new model for incarceration in America.

The prison resembles that of a medieval castle. It has housed some of the nation’s most feared criminals and serial killers, to include Charles Manson. The prison is somewhat of a cultural icon. It served as a setting for Jack London’s novel The Star Rover and Johnny Cash once performed at the prison. Cash’s performance made an impression on inmate, Merle Haggard, who was serving a sentence for armed robbery.

On death row, 421 prisoners have been executed (the largest in the U.S.). Of the 421 executed, 215 have been by hanging and the rest by gas or lethal injection. This shows you how old the prison is.

However, over the past two decades, California prison officials have been shifting the focus of San Quentin to be more rehabilitative. The state of Colorado is also embracing the rehabilitative model. This has also been the trend around the world. In Norway, prisons look more like college campuses. In Sweden, they inmates are called “clients,” and the emphasis is on job training.

California officials are using statistics to show that rehabilitation leads to lower recidivism. “The system isn’t working for anybody…We have got to recognize that.” Governor Newsom said during a speech to inmates, staff, and media in a former mattress factory at the prison.

However, not everyone is happy about the decision to keep the historic relic. Some cite the prison is too old and it would be better to tear it down and sell off the property. The property lies on one of the last undeveloped stretches of San Francisco Bay in affluent Marin County. Marcus Robinson, senior marketing consultant for Coldwell Banker Realty in Mill Valley said, “I don’t know one person who wants to keep that prison in Marin County.” Robinson estimates that San Quentin’s presence reduces by as much as 50% the number of prospective buyers for multimillion dollar homes in nearby Tiburon with its view.

Governor Newsom did consider shutting down the prison for cost reasons. However, he dismissed it because the prison is a leader in rehabilitation in the state and benefits by its proximity to so many education programs and volunteers in the Bay Area. “Had we shut it down, we would have fallen backwards,” according to the Governor.

– source – Wall Street Journal