Tag: drug enforcement administration
Houston Police End Use Of Drug Tests That Helped Produce Wrongful Convictions

Houston Police End Use Of Drug Tests That Helped Produce Wrongful Convictions

Reprinted with permission fromProPublica.

The Houston Police Department has ended its longstanding practice of using $2 chemical kits to make drugs arrests, a policy that had contributed to hundreds of wrongful convictions in recent years.

In announcing the change, Houston Police Chief Art Acevedo said the department was abandoning the use of the kits, known formally as chemical field tests, because conducting the tests in the field had exposed officers to the dangers posed by potentially lethal drugs such as fentanyl. He did not address the recent scandal that had shown the unreliable tests to have often been the only evidence used to gain guilty pleas from innocent defendants.

The hundreds of wrongful convictions, reported on by ProPublica and the New York Times last July, had moved then-Harris County District Attorney Devon Anderson to require that any positive field test be confirmed in the crime lab before a guilty plea could be won. ProPublica, in a subsequent article on the field tests used to identify fentanyl, had highlighted the threat to police officers.

The Drug Enforcement Administration last year warned local police that fentanyl, a synthetic opioid sold on the street, is toxic in tiny doses when breathed in or exposed to skin. In May, a police officer in Ohio collapsed and was hospitalized after merely brushing the drug off his uniform with his bare hand. Acevedo said Houston police recently recovered three kilos of fentanyl.

“That’s quite a few doses, lethal doses, of this pretty bad substance,” Acevedo said. The Houston Forensic Science Center also identified another potent synthetic opioid, carfentanil, in a drug evidence sample earlier this year.

The field tests have been used by police departments across the country for decades. Officers simply drop a suspicious substance into a pouch of chemicals and use supposedly telltale changes in color to make arrests for cocaine, methamphetamine, marijuana and other illegal drugs. But virtually everyone in the criminal justice system – prosecutor, judges, lab scientists, defense lawyers – has had plenty of reason to know the tests are faulty. Courts in most states, in fact, bar the tests from being used in evidence in a criminal trial, saying the tests do not constitute forensic science.

But as increasing numbers of criminal drug cases are resolved through plea bargains, the tests have become enormously consequential. District attorneys in many jurisdictions allowed prosecutors to use the tests to gain guilty pleas even without confirmation by a lab.

ProPublica’s reporting on the long and troubled use of the tests prompted the district attorney’s office in Portland, Oregon, to alter its practice and require lab confirmation before guilty pleas were entered. A modest review of recent cases in Portland done by the prosecutor’s office resulted in the vacating of five criminal convictions.

In 2016, a panel created by lawmakers in Texas formally termed the field tests too unreliable to trust in criminal cases, and called on crime laboratories across the state to confirm drug evidence in every prosecution.

Without field tests, Acevedo said officers in Houston and across Harris County will instead use their own “expertise” in deciding when to make drug arrests. Officers have “a wealth of training and experience into what narcotics look like, what they feel like in terms of the packaging, the color, the appearance,” he said.

Joe Gamaldi, president of the Houston Police Officers’ Union, said that dropping field tests makes officers’ jobs both safer and easier. Gamaldi acknowledged that making arrests based only on officers’ beliefs about whether substances are illegal drugs does create a risk of wrongful arrests. “There is certainly that fear,” he said.

Former Houston Police Chief Charles A. McClelland had told ProPublica last year that he thought the field tests should be abandoned, saying officers were not chemists and shouldn’t be conducting experiments on the hoods of their patrol cars.

On Friday, McClelland told the Houston Chronicle that the policy change was “a very positive step for the criminal justice process.”

“I don’t think any law enforcement agency in America should be doing this anymore,” he told the Chronicle.

Alex Bunin, Harris County’s chief public defender, said he had no love for the field tests, calling them erratic and unreliable. But leaving decisions about arrests to an officer’s mere observations, he said, could wind up producing wrongful convictions too, maybe even greater numbers.

Ryan Gabrielson is a reporter for ProPublica covering the U.S. justice system.

Seven Colombian Taxi Drivers Extradited To U.S. In DEA Agent’s Death

Seven Colombian Taxi Drivers Extradited To U.S. In DEA Agent’s Death

By Chris Kraul, Los Angeles Times

BOGOTA, Colombia — Seven Colombian taxi drivers charged with murder in the death of an off-duty U.S. Drug Enforcement Administration agent were extradited Tuesday to stand trial in Virginia, capping a case that highlighted the pervasive dangers of kidnappings in this Andean capital as well as the omnipresence of video surveillance cameras.

The case also brought to the fore the use of a rarely used legal strategy by which the U.S. government successfully argued for the seven suspects’ extradition. Human rights organizations have been critical of the tactic.

James Terry Watson, 40, was killed late on June 20, 2013, after entering a taxi in a popular restaurant and club zone in north Bogota. Using a common criminal scheme, two men in a following taxi jumped in when Watson’s taxi stopped at a traffic signal, allegedly intending to rob him. Watson resisted and was stabbed to death, authorities said.

The crime is commonly referred to as “express kidnapping” because the conspiring criminals typically take the victim to a bank ATM machine and order him or her to drain their accounts of cash before being released.

The suspects were arrested and charged within days of the crime after a massive deployment of Colombian police investigators, with assists from the DEA and other U.S. law enforcement officials.
The suspects were identified as Wilson Peralta, Edgar Murillo, Hector Lopez, Edwin Figueroa, Omar Valdes, Julio Ramirez, and Andres Oviedo. They will stand trial for murder in U.S. District for the Eastern District of Virginia.

Important leads in the case were provided from evidence recorded by 40 video surveillance cameras placed at apartment buildings and businesses. The cameras captured Watson fleeing the taxi after being stabbed, as well as the taxi terminal where the suspects were shown the next day washing blood stains from seat cushions.

Like other U.S. embassy employees in Bogota, Watson, a 13-year veteran of the DEA, was warned never to take taxis off the street but to call for them to reduce the risk of such robberies.

Colombian police Gen. Ricardo Restrepo said at a news conference Tuesday morning that the seven men were among 94 Colombians extradited so far this year to stand trial in foreign countries. Of those, 82 were accused of drug trafficking and 10 were arrested on murder charges.

U.S. officials claimed the suspects were eligible for extradition because Watson was living and working in Colombia with diplomatic status and that the Vienna convention of rules and procedures covering diplomats enabled the transfer.

But Colombian human rights advocates fought the extradition order signed by President Juan Manuel Santos, saying U.S. courts had no jurisdiction over the case and that the removal to Virginia put an unfair burden on the suspects’ families.

Colombian officials, however, did not disguise their eagerness to see the suspects flown to face U.S. justice because of the message it sent. A special police unit dedicated to kidnappings said it subsequently has broken up eight other bands that operated in the area where Watson was killed, Semana magazine reported.

As a result, express kidnappings in Bogota have declined by 60 percent since the Watson case, according to one government official who spoke on condition of anonymity because he was not authorized to speak.

Watson, an Army veteran, was a U.S. marshal and deputy sheriff in Richland Parish, La., before joining the Drug Enforcement Agency.

AFP Photo / Mandel Ngan

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