------------------------------------------------------------------- Racketeering Law Powerful Tool Against Portland Gangs (So Why Are More People Dying In Gun Battles Than Ever Before?) The Associated Press 12/20/97 7:13 PM Eastern PORTLAND, Ore. (AP) -- A racketeering law designed to help prosecutors fight organized crime is being used to take on another large Portland street gang. Three years ago, Multnomah County prosecutors used the law to go after the Bloods gang. Now it's the Crips' turn to find out firsthand how the law works. Prosecutors have targeted six of the most violent and dangerous members of the Kerby Blocc Crips gang, charging them with racketeering, which is the organized commission of crimes as a business. And if the first round of racketeering convictions is a guide, the men face sentences of five to 10 years or more in prison on the racketeering charges alone. Prosecutors are favoring racketeering prosecutions as a strategy to battle street gangs because they accomplish several things that a succession of assault or firearms or drug convictions don't, said Eric Bergstrom, a Multnomah County deputy district attorney. In addition to the long prison sentences, the cases get several gang members off the streets at one time. Also, victims and witnesses feel safer testifying in large numbers, and the cases target the older, more powerful members of a gang. "Hopefully, if we take a core group out, we can disable a gang," he said. In February, prosecutors filed an 18-page indictment that listed 68 crimes allegedly committed by eight members of the Kerby Blocc Crips. Since then, two have been killed, reducing the total criminal charges to 52. Police say they think the Kerby Blocc Crips are responsible for much recent violence, including a pair of shootings on Nov. 24 in the Humboldt neighborhood that wounded six people, said Detective Sgt. Neil Crannell of the Gang Enforcement Team. Police and prosecutors pored over the criminal records of more than 400 suspected gang members to see who represented the biggest threat to public safety. And they used a formula -- which they want to remain secret -- to determine the most dangerous gang and the most dangerous members within that gang. The 1981 Legislature passed the Oregon Racketeer Influenced and Corrupt Organization Act, which is patterned after federal statutes, commonly called RICO. Prosecutors must prove a criminal enterprise exists and that the defendants are members of the enterprise and have committed at least two crimes on behalf of the enterprise. The first time prosecutors used the law against a street gang, 15 members of two Bloods sets, the Woodlawn Park Bloods and the Loc'd Out Pirus, were convicted of racketeering and other crimes in 1995. The average sentence was nearly eight years, ranging from 18 months for David W. Fair Jr. to 39 years for Tyree Duane Harris. The Oregon Court of Appeals overturned Fair's conviction in December 1996, saying prosecutors didn't adequately show the connection between the crimes and the gang enterprise. However, prosecutors appealed the ruling to the Oregon Supreme Court, presenting oral arguments in September. Of the 15 convicted, 10 are still in prison. Three served their sentences and were released. Following the first racketeering convictions, police saw some decrease in street violence, but younger gang members eventually moved up to take the place of those in prison. "After the initial arrests were made, it had a really chilling effect for about a year," said Lt. Mike Bell of Northeast Precinct. Street gangs like the Crips and Bloods make good targets for racketeering charges, Bergstrom said. They boldly display the evidence needed to prove a criminal enterprise -- the distinctive clothing, tattoos, gang territory and willingness to brag about their membership. Bergstrom said the racketeering cases have been a success. But opinions are divided among people who work with gang members about the effectiveness and the fairness of the technique. The prosecutions certainly got the attention of gang members, said Johnnie A. Gage, House of Umoja executive director. "I think the good of the community is what the law tries to serve," he said. But others say it is unfair and that there is little evidence that violence is reduced, as proven by the record 14 gang homicides in Portland this year. "The same venom that made Tyree (Harris) is at large," Richardson said. "We're still having funerals." Questions? Comments? Suggestions? We welcome your feedback. (http://www.oregonlive.com/about/feedbk.html)
------------------------------------------------------------------- Two Plead Guilty To Running Upscale Drug Ring, Vow To Help Police (Hoping To Avoid 15-Year Prison Sentences Are Michael Francis Hipps And Adam Wylie Of Portland, Whose Clients Included Prosecutor Dave Peters Of The Multnomah County District Attorney's Office) The Associated Press 12/20/97 5:19 PM Eastern PORTLAND, Ore. (AP) -- Two men pleaded guilty to running a drug ring that catered to Portland's wealthy, and agreed to help authorities prosecute others in the drug trade. Michael Francis Hipps, 47, and Adam Wylie, 32, pleaded guilty Friday to conspiring to distribute and possess cocaine. They faced maximum sentences of 15 years in prison and $300,000 in fines, but Multnomah County prosecutors agreed to a sentence of no more than 16 months. Prosecutors also dropped nine other drug charges. The district attorney's office will have two months to evaluate whether the men are cooperating before sentencing Feb. 24. Investigators say the two catered to affluent clients in the Portland area, often conducting their deals in the posh northwest Portland shopping district. The partners' cocaine scheme began crumbling in April when a real estate agent unwittingly gave the dealers' pager number to a police informant. An informant wearing a hidden radio transmitter then bought cocaine from Hipps several times in a supermarket parking lot, police said. In May, police recovered more than 200 grams of cocaine and other paraphernalia -- including a black address book -- from Hipps' apartment in southwest Portland. One of the names in the book was former deputy district attorney David B. Peters. A search of Peters' northeast Portland home turned up small amounts of marijuana and cocaine, and he was forced to resign Sept. 1. He pleaded guilty Nov. 24 to the violation of attempted possession of a controlled substance, and was fined $100. Peters was one of as many as 100 people listed in five address books that the two men had. Officers said they recognized many names in the books, which included people in the medical profession and people who worked out at the private Multnomah Athletic Club. As part of the agreement, prosecutors will return to Hipps $12,000 that authorities seized, a 1989 Honda Accord and an antique slot machine. Questions? Comments? Suggestions? We welcome your feedback. (http://www.oregonlive.com/about/feedbk.html)
------------------------------------------------------------------- California Petition Drive Begins To Make Hemp Use Legal (Text Included; California Industrial Hemp Initiative Must Collect Signatures Of 433,269 Registered Voters By May 18 To Get On November 1998 Ballot) Date: Thu, 8 Jan 1998 16:47:46 -0800 (PST) From: Robert Lunday
To: firstname.lastname@example.org Subject: HT: Calif. Industrial Hemp Ballot Init. (fwd) ---------- Forwarded message ---------- Date: Tue, 6 Jan 1998 23:34:35 -0700 (MST) From: "Colo. Hemp Init. Project" To: "Colo. Hemp Init. Project" Subject: Calif. Industrial Hemp Ballot Init. California Petition Drive Begins To Make Hemp Use Legal Saturday, December 20, 1997 This article appeared in: 1) San Luis Obispo Telegram-Tribune 2) The Sacramento Bee 3) San Jose Mercury News SACRAMENTO (AP) - A proposal to legalize the growing of hemp for industrial purposes is the 38th initiative certified to collect voter signatures for a place on California's 1998 general election ballot. The petition drive, which started Friday, must collect verified signatures of 433,269 registered voters by May 18. The proposal by Sam H. Clauder II of Garden Grove would legalize the growing, harvesting, storage and use of hemp for use as a building material or in the production of cloth, paper, fuels and various building materials and industrial chemicals. It contends that California's current ban on hemp, a member of the same plant family as marijuana, prohibits the state from participating in a thriving global market for industrial hemp. It raises the number of initiatives in circulation for the November ballot to 38. Five initiatives are expected to be certified for the June ballot. *** California Industrial Hemp Initiative Proposed for the 1998 ballot Status: The Attorney General is writing the title and summary for the ballot initiative. It should be certified to collect signatures in the next few weeks. For more information, or to send a donation, contact: Sam H. Clauder II (email@example.com) Alan Mason (firstname.lastname@example.org) Clifford Schaffer (email@example.com) THE INDUSTRIAL HEMP ACT OF 1998 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS TO THE HONORABLE SECRETARY OF THE STATE OF CALIFORNIA: We, the undersigned, registered, qualified voters of California, residents of the afore-described County (or City and County), hereby propose amendments to the Health and Safety Code by adding Section 11362.1, relating to the production and use of Industrial Hemp, and petition the Secretary of State to submit the same to the voters of the State of California for their adoption or rejection at the next succeeding primary or general election or at any special statewide election held prior to that primary or general election or as otherwise provided by law. The proposed statutory initiative reads as follows: THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: HEALTH AND SAFETY CODE SECTION 11362.1 SECTION 1. TITLE This initiative shall be known and may be cited as the Industrial Hemp Act of 1998. SECTION 2. FINDINGS AND DECLARATIONS The People of the State of California find and declare as follows: (a) Industrial Hemp is a vital, sustainable, renewable resource for building materials, cloth, cordage, fiber, food, fuel, industrial chemicals, medicine, oil, paint, paper, plastics, seed, yarn, and many other useful products. (b) The development of a viable hemp industry is in the best interest of the state economy. (c) Farmers and agricultural developers in the State of California have been prohibited from participating in the thriving global market for Industrial Hemp. (d) The production of Industrial Hemp and hemp products can be regulated so as not to interfere with the strict control of controlled substances in the state. (e) The production of Industrial Hemp shall be authorized pursuant to the terms of this act. SECTION 3. PURPOSES The People do hereby enact this measure for the purpose of promoting the agriculture, economy, public health, safety and welfare of the State of California by permitting and encouraging the development of an Industrial Hemp industry while maintaining the strict control of marijuana. SECTION 4. DEFINITIONS Section 11018 of the Health and Safety Code shall be amended to read as follows: 11018a. "Hemp" means all parts, varieties and species of the plant genus Cannabis, whether growing or not, that contain a concentration of tetrahydrocannabinol, the average of which shall not exceed one percent (1.0%) on a dry weight basis, and that are cultivated and/or possessed for industrial purposes in accordance with Section 11362.1, the Industrial Hemp Act of 1998. 11018b. "Marijuana" means all parts, varieties and species of the plant genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, that contain a concentration of tetrahydrocannabinol, the average of which shall exceed one percent (1.0%) on a dry weight basis, and that are cultivated and/or possessed for non-industrial purposes. SECTION 5. PROVISIONS (a) Production, possession and commerce in Industrial Hemp is hereby authorized in this state. (b) Industrial Hemp shall be classified as an agricultural product and shall be subject to regulation by the Department of Food and Agriculture in accordance with the provisions of this Act. (c) No other governmental agency, whether local, state or federal, shall have any authority to regulate the production, possession and/or commerce in Industrial Hemp. SECTION 6. REGISTRATION (a) Any individual or entity intending to produce, possess, and/or conduct commerce in Industrial Hemp shall register annually with the Department of Food and Agriculture, declare the size and identify the location of the area to be cultivated, and pay an annual registration fee of twenty dollars ($20.00). (b) The Department of Food and Agriculture shall maintain records of all Industrial Hemp registrations and shall make said records available for public inspection upon request. SECTION 7. ENFORCEMENT (a) Nothing in this act shall be construed as to prohibit, or in any way inhibit, law enforcement agencies from fully enforcing the controlled substance laws of this state. (b) Notwithstanding any other provision of law, any law enforcement officer may enter, with or without probable cause, any open field being cultivated with Industrial Hemp for the purpose of obtaining samples for scientific testing to determine if the crop being cultivated qualifies as Industrial Hemp under the provisions of this act. (c) Any crop found to contain a concentration of tetrahydrocannabinol, the average of which is more than one percent (1.0%) but less than two percent (2.0%) on a dry weight basis, shall be considered an unintentional violation of the provisions of this Act and shall not result in a criminal prosecution but shall be considered just cause for the destruction of the crop. SECTION 8. LIBERAL CONSTRUCTION This Act is an exercise of the public power of the state for the protection of the health, safety, and welfare of the people of the State of California, and shall be liberally construed to effectuate these purposes. SECTION 9. CONFLICTING MEASURES If this Act is approved by the voters, but superseded by any other conflicting ballot measure approved by more voters at the same election, and the conflicting ballot measure is later held invalid, it is the intent of the voters that this Act shall be self-executing and given the full force of the law. SECTION 10. SEVERABILITY The provisions of this Act are severable. If any provision of this Act or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 11. SELF EXECUTION AND EFFECTIVE DATE This Act shall be self executing, and shall become effective immediately upon its approval by the voters. SECTION 12. AMENDMENT This Act shall not be altered or amended except by a vote of the people. *** Re-distributed as a public service by the: Colorado Hemp Initiative Project P.O. Box 729, Nederland, CO 80466 Hotline: (303) 784-5632 Email: Web: http://www.welcomehome.org/cohip.html "Fighting over 60 years of lies and dis-information with 10,000 years of history and fact." ARE YOU REGISTERED TO VOTE??? To be added to or removed from our mailing list, send email with the word SUBSCRIBE or UNSUBSCRIBE in the title. -------------------------------------------------------------------
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