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Medical Use Of Marijuana Ignites Debate (The Register-Guard in Eugene,
Oregon, says Dr. Rick Bayer is campaigning for Ballot Measure 67, the Oregon
Medical Marijuana Act, because he has seen how marijuana can benefit
chemotherapy patients, chronic pain victims, and people suffering from muscle
spasms and other afflictions. But Mike Cahill, president of Oregon Police
Chiefs for Safer Communities, says "You can pretty much bet that it will
basically eliminate the ability to enforce laws against the illegal use,
delivery and cultivation of marijuana," ignoring the experience in California.
A critique by Multnomah County District Attorney Michael Schrunk similarly
claims "These exceptions cancel out the rules and limits, thereby making
enforcement of any marijuana laws not only impractical but virtually
impossible.")
Date: Mon, 5 Oct 1998 01:55:47 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US OR: Medical Use Of Marijuana Ignites Debate
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Olafur Brentmar (olafur@cdsnet.net)
Pubdate: Sun, 4 Oct 1998
Source: Register-Guard, The (OR)
Contact: rgletters@guardnet.com
Website: http://www.registerguard.com/
Author: JOE ROJAS-BURKE
MEDICAL USE OF MARIJUANA IGNITES DEBATE
While working as a hospital resident in 1978, a young doctor named Rick
Bayer detected the pungent smell of marijuana smoke wafting from a
patient's room. The sick man in the hospital bed confided to Bayer that
marijuana eased the nausea and vomiting brought on by cancer chemotherapy.
Intrigued, Bayer kept an eye open for other instances of marijuana
"self-medicating" among the combat veterans he treated at the Portland
Veterans Affairs Medical Center.
One patient swore by marijuana as a treatment for the severe muscle spasms
and pain arising from a crippling spinal cord injury.
A former soldier recovering from a land mine explosion and leg amputation
said he found marijuana easier to tolerate than the morphine painkillers
prescribed by a doctor, which left him groggy and constipated.
Bayer wondered if this notorious plant might be the wellspring of new
pharmaceuticals. Twenty years later, he says, "We as scientists have not
really tapped all the potential."
The 43-year-old Portland doctor is now leading a campaign to legalize the
medical use of marijuana in Oregon. Measure 67, he says, would allow
people with cancer, AIDS, multiple sclerosis and other conditions to smoke
marijuana without fear of going to jail or losing their homes.
And doctors could talk with patients about the possible benefits of
marijuana without risking their licenses to prescribe controlled
substances.
But can the law allow compassionate use without worsening the problem of
abuse? Some legal experts and law enforcement associations say absolutely
not.
"The loopholes are there for everybody to get through if you want to smoke
dope," says Mike Cahill, president of Oregon Police Chiefs for Safer
Communities. "You can pretty much bet that it will basically eliminate the
ability to enforce laws against the illegal use, delivery and cultivation
of marijuana."
Under Measure 67, patients with written permission from a licensed
physician can obtain a registry card from the state Health Division to grow
marijuana for treating "debilitating" medical conditions. Registered users
could grow up to three mature marijuana plants and four immature plants.
They could carry an ounce of marijuana with them and keep one ounce per
mature plant at home.
Carrying out the measure would cost the state an estimated $140,000 to
$295,000 per year, depending on the level of oversight. The estimates
assume that about 500 people at any given time will be registered.
Bayer drafted the measure with backing from Americans for Medical Rights,
the group that persuaded Californians to legalize medical marijuana in 1996.
Billionaire financier George Soros of New York, Cleveland insurance
executive Peter Lewis and University of Phoenix founder John Sperling are
all contributors to the national organization, based in Santa Monica,
Calif., which is pouring money into medical marijuana campaigns in Oregon,
Alaska, Colorado and Maine.
Unlike California, the Oregon proposal explicitly forbids medical users to
smoke in public, and it prohibits the selling of marijuana under any
circumstances.
Cahill says the measure still poses a threat. "You could count on a major
increase in marijuana use by our youth if it passes," he says. "What's to
prevent someone's 9-year-old daughter or son going to the family plant,
taking off a bud, and smoking a little before they go to school? It's
nicely available, and if Mom or Dad uses it then it must be OK."
A critique by Multnomah County District Attorney Michael Schrunk points out
several possible loopholes. Schrunk objects that the requirement for having
a "debilitating medical condition" would allow almost anyone who can find a
willing doctor to gain access to medical pot.
Users could get around the limits on quantity by arguing in court that a
greater amount was "medically necessary" for their medical condition.
Similarly, the law gives those without permits a legal foundation for
arguing a medical use defense.
Measure 67 also prohibits police from destroying seized property,
presumably including live marijuana plants. Schrunk argues that this means
that law enforcement agencies would have to maintain live plants in
greenhouses until court cases are resolved.
"These exceptions cancel out the rules and limits, thereby making
enforcement of any marijuana laws not only impractical but virtually
impossible," Schrunk wrote.
Backers of the law disagree with this interpretation. They insist that it
does not loosen or change any other laws against the recreational use of
marijuana.
"We all know that useful drugs can be abused," Bayer says. "We recognize
there is a difference between drug abuse and appropriate drug use. We don't
think patients should be penalized because some people abuse marijuana. I
really think that's inhumane."
Cahill and other critics suspect that medical use initiatives are really
just Trojan Horses to advance the cause of complete legalization. "I am
referring to the move by NORML and other pro-marijuana groups to find a
long-term nationwide way to drug legalization," Cahill says.
Bayer says he opposes complete legalization, saying his long-term goal is
to persuade the Drug Enforcement Agency to reclassify marijuana so that it
could be prescribed as a controlled substance like morphine.
The DEA considers marijuana a Schedule 1 drug - addictive but having no
medical use. Schedule 2 drugs such as cocaine and morphine are considered
addictive but with some medical use.
"I can tell you that if marijuana was changed to Schedule 2 by the federal
government and became available on pharmacy shelves, we could call this
campaign off," Bayer says.
Critics are correct when they say the medical usefulness of marijuana has
not been firmly established. But the possibility is not just a fantasy.
Experts convened by the National Institutes of Health last February pointed
out that smoking marijuana has significantly different effects on the body
than when the active ingredient delta-9-THC is taken in the pill form
called Marinol.
Inhaled marijuana smoke delivers drugs more quickly, for instance, and
contains substances other than delta-9-THC that might have pharmaceutical
value.
Still, while it's not possible to die from an overdose - like it is with
aspirin, for example - the drug is not risk-free. Smoking it may damage the
lungs, and evidence suggests that long-term use weakens the immune system,
according to the NIH panel.
Bayer doesn't disagree but says current laws have to be changed, or the
potential benefits of medical marijuana will never be known. He believes
that the benefits will outweigh the risks for selected patients.
"I look at the class of cannabinoid drugs as an area that needs to be
explored so we can have more tools for caring for patients," he says. "I
think there should be one standard: what helps the patient."
Cahill emphasizes a different risk-benefit equation. He believes that the
potential harm to society, particularly young people who become abusers,
outweighs the potential benefit to individual patients.
"That's the crux," he says.
MEASURE 67: PROS & CONS
The measure would legalize possession and cultivation of marijuana for
treating debilitating medical conditions. Requires written permission from
a licensed physician to obtain a registry card from the state Health
Division. Registered users could legally carry an ounce of marijuana and
grow no more than three mature marijuana plants and four immature plants.
THE PROS
Patients with cancer, AIDS, multiple sclerosis and other conditions who
have found relief using marijuana would not have to fear prosecution.
Doctors would be allowed to talk with patients about possible benefits of
marijuana.
The measure does not allow medical users to smoke in public, drive under
the influence or sell marijuana under any circumstances.
Contact: Oregonians for Medical Rights, 189 N.E. Liberty St., Suite 205,
Salem, OR 97301, (503) 371-4711; Internet: www.teleport.com/~OMR
THE CONS
Marijuana may have long-term adverse effects and it can be addictive, while
its medical benefits remain poorly documented.
Legalization for medical uses could make it harder to enforce laws against
recreational users and dealers.
The measure risks sending a message to youths that society considers
marijuana use acceptable.
Contact:Oregonians Against Dangerous Drugs, 5285 S.W. Meadows Road, Suite
340, Lake Oswego, OR 97035, (503) 598-7343
FACTS ABOUT MEDICAL MARIJUANA
Although marijuana may be no better than available drugs for certain
conditions, not all patients respond to or can tolerate standard drugs.
Experts convened by the National Institutes of Health last year concluded
that inhaled marijuana looks promising enough to merit full-scale clinical
trials for these indications:
Pain: Marijuana's active ingredient, THC, works by a different mechanism
than available pain medications, making it potentially useful for people
who don't respond well to morphine-type drugs. Marinol, a synthetic THC in
pill form, eases pain but has a narrow margin between useful doses and
those producing unacceptable side effects.
Nerve and movement disorders: Anecdotal reports suggest marijuana can
relieve the severe muscle spasticity caused by multiple sclerosis and
spinal cord injury. Preliminary findings suggest a possible role for
marijuana in treating epileptic seizure disorders.
Nausea and vomiting: Inhaled marijuana has the potential to improve
chemotherapy-related nausea and vomiting.
Glaucoma: Smoked marijuana can lower pressure within the eyeball for three
to four hours. The mechanism is unknown, but if it's unique to marijuana,
it could prove a useful alternative treatment.
Wasting syndromes: Smoking marijuana has been shown to increase frequency
and amount of eating. Smoking the drug increases the risk of pneumonia in
HIV patients, while Marinol may be less effective.
- Source: NIH Workshop on the Medical Utility of Marijuana, Feb. 19-20, 1997
Copyright (c) 1998 The Register-Guard
***
[Now would the Register-Guard please explain why all these law enforcement
officials are getting away with violating Oregon state laws ORS
260.432 (1) & (2), which prohibit public employees from trying to influence
a state election? - ed.]
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Initiative Would Raise Marijuana Penalties (The Register-Guard in Eugene,
Oregon, presents the pros and cons of Measure 57, the initiative that would
recriminalize less than one ounce of marijuana. The newspaper claims the
Republican-controlled legislature's 1997 attempt to repeal the 1972
decriminalization law without a popular vote was inspired by increased
marijuana use by kids, even though the latest survey shows a decrease in
kids' use, and current rates are half those of 1979.)
Date: Mon, 5 Oct 1998 01:55:58 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US OR: Initiative Would Raise Marijuana Penalties
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Olafur Brentmar (olafur@cdsnet.net)
Pubdate: Sun, 4 Oct 1998
Source: Register-Guard, The (OR)
Contact: rgletters@guardnet.com
Website: http://www.registerguard.com/
Author: BILL BISHOP
INITIATIVE WOULD RAISE MARIJUANA PENALTIES
Marijuana. Just say the word and the debate ignites.
Is it a gateway to harder drug use? Are its negative social and health
effects exaggerated? Should users face harsh punishment, or a small fine?
Do tough pot laws make economic and social sense? What message should
society send to children?
The questions go on. The debate rages.
Ever since Oregon eased up on marijuana penalties 24 years ago, becoming
the first state to decriminalize possession of a small amount, political
forces have been at work to reverse that decision.
After drug use surveys showed increasing use among youths, marijuana
opponents found the issue they needed to get the Oregon Legislature to
approve a law making marijuana possession a Class C misdemeanor punishable
by up to 30 days in jail and a $1,000 fine.
To give the prohibition more teeth for juveniles, the law imposes a
six-month driver's license suspension for first-time offenders who fail to
complete a court-ordered diversion program aimed at halting use of the drug.
Even more quickly than the Legislature passed the law, activists for
marijuana law reform collected twice the number of signatures needed to put
the new law on hold until voters have their say on the Nov. 3 ballot.
If approved, Ballot Measure 57 would make possession of less than an ounce
a misdemeanor. If it's defeated, possession would remain a violation -
carrying a fine of $500 to $1,000 and no possibility of a jail sentence.
While no formal polling has been completed, Measure 57 opponents believe
one-third of voters support the measure, one-third don't and one-third
haven't decided.
"The only thing I have heard is that it is close," said Terry Miller,
director of [Portland] NORML, a branch of the National Organization for the
Reform of Marijuana Laws.
Reflecting the state's ambivalence, Oregon Gov. John Kitzhaber expressed "a
good deal of reluctance" when he signed the bill July 3. He said his chief
concern is the "delicate balance" between public safety and civil liberties
of individuals.
Kitzhaber noted that elevating the possession of marijuana to criminal
status affords police more power to search and seize potential evidence.
Opponents envision more property forfeitures.
"(I)f it is used for such purposes as harassment rather than for legitimate
law enforcement objectives, then it should be repealed and we should return
to the current law," Kitzhaber said in July. "In the long run, we cannot be
successful unless we are willing to put our resources behind efforts to
resolve the conditions that lead to drug use in the first place."
For the record, Measure 57 opponents say they are not "pro-marijuana."
Instead, they say they are anti-marijuana prohibition and want drug laws
that protect children, respect adults and reduce harm done by drug use and
abuse.
The semantics of the debate don't interest Molalla Police Chief Rob Elkins,
the 34-year-old co-chairman of the Legislative Committee of the Oregon
Association of Chiefs of Police. The hard reality of drug abuse is Elkins'
bottom line.
Elkins said he grew up in "a dysfunctional family" and watched his seven
brothers get into drugs. Four of them went to prison, a couple more than
once.
Reducing drug use will greatly reduce the property thefts that so many
addicts use to support their habit, he said.
As Elkins sees it, Oregon sends mixed messages to children. Anti-drug
education programs discourage use of marijuana, but state law makes
possession less of a crime than speeding in some cases, he said.
"The focus of this bill truly was youth-oriented," Elkins said. "Kids'
belief about whether a drug is harmful has a direct correlation with
whether they use."
Elkins acknowledges one of the complaints about recriminalizing marijuana:
The tougher new law won't be enforced evenly around the state.
The state Elections Division estimates that the law will produce 6,000
additional arrests, half of which will be charged as misdemeanors.
Half of all arrests will result in one day of county jail time, according
to the estimate.
"This law is not going to lock people up," Elkins said. "It's going to
allow us to have a deterrent."
To people such as Floyd Landrath, Elkins' thinking is just more of the same
old prohibition mentality that hasn't reduced drug use, only respect for
the law.
"I'm not getting the feeling that most people think what we're doing right
now is really working," said Landrath, who works for a coalition of groups
fighting Measure 57.
All the money spent on enforcement and punishment would be better directed
toward treatment for users who want to stop but who face a lack of
affordable programs, Landrath said.
"We've been on a drug law binge now for 20 years, adding more prisons. Look
what we have to show for it," Landrath said. "Prohibition does nothing to
control these drugs. If it stops 10 percent, we're lucky. We're pushing
these people into a criminal environment. It costs way less for treatment
than to incarcerate."
Classifying marijuana on the same scale as harder drugs puts marijuana
users, including youths, in contact with sellers of hard drugs such as
cocaine, heroin and methamphetamine, he said.
"The best thing we could do for our kids and ourselves is to separate
marijuana from the hard drugs," Landrath said.
"We don't need to get tougher on drugs, we need to get smarter on drugs."
MEASURE 57
Elevates possession of less than an ounce of marijuana to a Class C
misdemeanor. Under current statute, possession is a violation. Estimated
cost for the biennium: $2.4 million.
THE PROS
Tougher law would send a message to youths not to use marijuana.
Reducing drug use reduces other crimes.
Tougher law will reduce drug use among youths.
THE CONS
Current prohibition does not reduce drug availability.
Money would be better spent for treatment, not enforcement.
Tough pot laws put youths in contact with hard-drug pushers.
Other stories related to the November 1998 election
Copyright (c) 1998 The Register-Guard
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How Does Marijuana Kill Pain? (The Associated Press talks to a cancer patient
in Oregon who does understand, and several government marijuana scientists
who don't understand the significance of recent news about Ian Meng
and associates at the University of California at San Francisco showing how
cannabinoids work to kill pain.)
From: LawBerger@aol.com
Date: Sun, 4 Oct 1998 12:49:06 EDT
To: ocdla-list@pond.net, dpfor@drugsense.org, nlc@norml.org
Subject: DPFOR: Fwd: How Does Marijuana Kill Pain?
Sender: owner-dpfor@drugsense.org
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Subject: How Does Marijuana Kill Pain?
Date: Sun, 4 Oct 1998 12:10:10 EDT
How Does Marijuana Kill Pain?
The Associated Press
By RICK CALLAHAN
Maria Welch, a 52-year-old Baker City, Ore., resident who underwent surgery in
July to remove most of her cancerous right lung, was in misery after doctors
sent her home with some potent pain-killers.
The drugs deadened some of the pain, but left her nauseous, hallucinatory and
suffering from sleepless nights.
``I felt like my body was asleep but my mind was awake. I just had to stop
taking them because they didn't agree with me.''
Then a friend gave Welch two marijuana brownies. Though she had never tried
illegal drugs, she was desperate for relief.
``When I ate them I couldn't believe it. It was like a miracle. It took the
pain away and it gave me an appetite,'' said Welch, a food industry
researcher. ``I slept like a log that night.''
Scientists once scoffed at the claims of cancer patients like Welch that they
enjoyed relief from pain by puffing on a joint of marijuana or gobbling a
plate of pot-laced brownies.
But research during the past decade has buoyed the case for marijuana as
medicine. Scientists have made progress untangling pot's chemical makeup and
gained insight into how its ingredients act on the brain to produce the
anecdotal benefits claimed by cancer, AIDS, glaucoma and multiple sclerosis
patients.
Now research has confirmed what some of those patients have been claiming all
along: Marijuana does indeed kill pain.
Scientists at the University of California at San Francisco found that a
marijuana-like drug deadens pain in rats by interacting with the same pain-
modulating area of the brain activated by morphine.
The findings prove that cannabinoids -- which include marijuana's active
ingredient, THC -- are potent analgesics that deliver true pain relief, said
Ian Meng, a postdoctoral fellow at UCSF's Department of Neurology.
In findings reported in the Sept. 24 issue of the journal Nature, the UCSF
researchers describe how they injected rats with a synthetic cannabinoid to
test how quickly the rodents reacted when a heat source was applied to their
tails.
The drugged rats reacted more slowly to the heat than those not given the drug
WIN55,212-2, and when a region of brain called the rostral ventromedial
medulla that acts like a volume dial for pain was switched off, the drug's
analgesic attributes ended, the team found.
A second set of tests demonstrated that it was the cannabinoid's pain-killing
abilities -- not the loss of motor coordination it also induces - that caused
the rats to react slowly to their heated tails.
Meng said that given the findings, scientists should now push ahead and test
cannabinoids on humans.
``People are smoking marijuana and giving anecdotal accounts. I think the time
is here for real, controlled clinical trials,'' he said.
Proponents of the medical use of marijuana have claimed for decades that pot
stifles chronic pain without the nausea, weight loss and addiction associated
with morphine and other opiates.
The finding that cannabinoids target the same area of the brain as opiates,
albeit through a different mechanism, raises the prospect that marijuana and
opiates might be used together to exploit their combined analgesic qualities.
Using the drugs together in smaller amounts might also reduce the nausea
caused by morphine and the euphoria sparked by cannabinoids that are
undesirable in chronically ill patients, said Dr. Gavril Pasternak, who
studies the biology of pain at the Memorial Sloan-Kettering Cancer Center in
New York.
``I would say that it sounds reasonable that if used together the combination
could work quite good,'' he said. ``We know now that the brain circuitry can
be activated by more than just morphine. So there's not a single key to make
it work, there's two and maybe more keys.''
Dr. Billy Martin, a professor of pharmacology at the Virginia Commonwealth
University in Richmond who has studied cannabinoids for 25 years, said the
UCSF team's findings are illuminating, but offer no magic bullet.
``This study is a little tiny piece of this whole big puzzle,'' Martin said.
``...It opens up the possibility of developing new ways of treating and
controlling pain and understanding pain, but it doesn't get us any closer to a
cannabinoid pill tomorrow that's going to be useful.''
Martin is one of several researchers who discovered that the human brain has a
naturally occurring system that processes cannabinoids.
He said while scientists have made strides in understanding how marijuana's
hundreds of compounds act on the brain to deliver the laundry list of benefits
users claim to enjoy, the hardest work lies ahead.
Supporters of the medical use of marijuana who campaigned successfully for
ballot measures legalizing its medical use in California and Arizona complain
that the federal government has made advanced marijuana studies more difficult
by erecting roadblocks to researchers.
The reason, they say, is that exposing marijuana's good side would undermine
the government's war on drugs.
``The government has decided to wage a war against marijuana and they don't
want any kinks in the armor. They don't want people knowing that marijuana,
like morphine, has a medical use,'' said Bill Zimmerman, director of the Los
Angeles-based group Americans for Medical Rights.
The nonprofit group is campaigning for medical marijuana measures that are on
the ballot in five other states -- including Oregon, where Welch must now
travel to Canada to buy her marijuana brownies -- and the District of Columbia
this November.
The group's criticisms are unfair, said Dr. Frank Vocci, director of the
medication development division of the National Institute on Drug Abuse, which
co-funded the UCFS study. He said the reality is that the government has
received very few proposals for research into marijuana and its components.
``Until there's more interest in this you can't really say there's a
conspiracy because there's a dearth of applications,'' Vocci said.
The only human clinical trial under way involving medical marijuana is one
that seeks to determine whether cannabinoids have any adverse effect on drugs
being used to treat AIDS patients.
Meanwhile, the Institute of Medicine, a division of the National Academy of
Sciences, is evaluating medical literature about the therapeutic value of
marijuana and its chemical components.
It is expected to state whether medical evidence supports marijuana as
medicine late this year or early in 1999.
AP-NY-10-04-98 1203EDT
Copyright 1998 The Associated Press. The information contained in the AP
news report may not be published, broadcast, rewritten or otherwise
distributed without prior written authority of The Associated Press.
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Depression takes its toll among the young, too (An Oregonian article
about the estimated 3 million to 6 million American children and teen-agers
stricken by clinical depression centers on the case of one 12-year-old
patient whose illness was precipitated by her father's death when he
"overdosed on drugs." Now she's better, thanks to a pharmaceutical
antidepressant, though the newspaper doesn't mention such drugs may
eventually poison her and leave her a drooling, brain-damaged idiot
with impaired liver function.)
The Oregonian
letters to editor:
letters@news.oregonian.com
1320 SW Broadway
Portland, OR 97201
Web: http://www.oregonlive.com/
Depression takes its toll among the young, too
* An estimated 3 million to 6 million children and teen-agers know the
loneliness and despair of the condition
Sunday, October 4 1998
By Crystal Carreon
of The Oregonian staff
On the morning of Meghan's 12th birthday, her father overdosed on drugs and
died.
Days later, the nightmares began. Meghan was haunted by the image of her
father alone in the motel room where they found him. She blamed herself,
thinking that if she'd spent her birthday with him, he might still be alive.
Through the weeks, she started to lose weight, skip school and fight
constantly with her mother. Inside the walls of her bedroom with the door
shut, the curtains closed, she tried to be invisible. She wondered what it
would be like to die, whether anyone would come to her funeral.
Meghan's mother understood her daughter's grief. But when the weeks turned
into months, and the tensions intensified, she didn't know what to do.
"I probably cried as hard as she did. As a mother, I didn't know what was
wrong with her, or if I did something wrong," she said. "She hurt, so I hurt."
One evening as Meghan flipped through a book about illnesses, she found a
paragraph that matched her experience. "Mom, I think I have depression," she
said.
Meghan was right, as a doctor confirmed. She was among a growing number of
children and teen-agers in the country who feel tangled in a labyrinth of
solitude and sadness. An estimated 3 million to 6 million children suffer
from depression, an illness that often eludes recognition, according to the
American Psychiatric Association.
Meghan experienced an extreme form of depression triggered by her father's
death. But depression can take many forms, mild to major, and all forms
should be regarded seriously, mental health experts say. Although the causes
of depression in children remain largely a mystery -- everything from
chemical imbalances in the brain to genetics and family history to
environment -- researchers know that early treatment can stop the cycle.
Until the 1980s, depression wasn't viewed as a childhood illness; childhood
presumably was a time of being carefree. But the mental health community
gradually recognized the same signs and patterns of depression in children
as in adults.
Everyone at some point feels sad and lonely, said Dr. Kirk Wolfe, a child
and adolescent psychiatrist in Northeast Portland. But if those feelings
amplify and last longer than two weeks, cause noticeable changes in
personality and interfere with everyday life, those feelings are no longer
healthy but harmful, he said.
"When a child is depressed, there is a sense of loss. They're not their
normal selves," Wolfe said.
If left untreated, there is a 40 percent chance that depression will recur
within two years and a 70 percent chance it will come back within five
years, said Dr. David Fassler, author of "Help Me, I'm Sad" ($12.95, Penguin
Books, 1998), a book about the signs, treatment and prevention of childhood
and adolescent depression. More than half of the 17 million adults with
depression experienced the illness during childhood, he said.
"If we can learn to recognize and identify the signs, we can prevent a
tremendous amount of pain and suffering," said Fassler, a child and
adolescent psychiatrist in Burlington, Vt.
Symptoms of depression vary, and they mimic and might be linked with
attention deficit disorder, conduct disorders and anxiety, Fassler said, so
the underlying depression often is overlooked. Teachers might send a
troublesome child to the principal's office. Parents might think a son or
daughter is going through a phase or having a tough time growing up.
"The 8- or 9-year-old boy acting out in class may get labeled as the
troublemaker, but people may not realize for a long time that maybe the core
of his problems is recurrent depression," Fassler said.
To help identify signs of depression, the American Psychiatric Association
provides the following guidelines. Depression could be the cause if at least
five of these symptoms persist for two weeks:
* Sad or irritable mood most of the day, every day.
* Diminished interest or pleasure in most activities.
* Significant weight loss or weight gain.
* Sleep disorders, such as insomnia or oversleeping.
* Fatigue or loss of energy most of the time.
* Intense feelings of worthlessness, self-reproach or guilt.
* Inability to concentrate, which leads to a drop in grades.
* Thoughts of suicide and death.
Fassler said children with depression might worry excessively and have
frequent physical complaints.
Symptoms of depression in young children, such as preschoolers, can be
different than those found in older children and adolescents, Fassler said.
Symptoms include:
* Frequent and unexplained stomachaches, headaches and fatigue.
* Overactivity or excessive restlessness.
* Frequent sadness.
* Irritability.
* Loss of pleasure in previously enjoyable activities. For example, a child
who loves to draw refuses to participate in art projects.
It is important for parents to recognize signs of depression because
treatment is available, Fassler and Wolfe emphasize. They recommend that
concerned individuals consult with a physician and/or mental health
professional.
Treatment always should be individualized, based on a comprehensive
evaluation of the child and family, Fassler said. It often includes
individual therapy with the child, counseling sessions with the family or a
form of group therapy in which the child or adolescent meets with
age-appropriate peers. Some children might benefit from treatment with
antidepressant medication, the psychiatrists said.
If depression is left untreated, consequences can be severe.
Wolfe, who served on the Governor's Task Force on Youth Suicide Prevention,
pointed out that children and adolescents who experience mood disorders,
such as severe depression, are five times more likely to attempt suicide.
Most completed suicides occurred while the young person was clinically
depressed, he said.
"It's not just the blues but thoughts affecting sleep, concentration, how
the body functions. The blues will not cause suicide, but depression can,"
Wolfe said.
Three months after her father died, Meghan, now 13, went to the Dougy Center
for Grieving Children, a support program in Southeast Portland for children
and teen-agers. In January, under a doctor's care, she started taking an
antidepressant. Last month, she began eighth grade and hasn't missed a day
of class.
"I'm really proud of myself," she said smiling, showing off her braces. "I'm
happy."
She's already looking forward to high school. Her past no longer haunts her.
Depression feels like a trap, like you're stuck, she said. She says she has
grown from her experiences and, with professional help, has gained strength
and support.
"You just take it minute-by-minute, one day at a time," she said.
-------------------------------------------------------------------
California Cooperative Gives, Sells Marijuana To Suffering (A feature article
in The Las Vegas Review-Journal looks at the Oakland Cannabis Buyers'
Cooperative, the largest of four remaining medical marijuana dispensaries in
California, while discussing the Nevada ballot initiative that would allow
some use of cannabis by authorized patients.)
Date: Mon, 5 Oct 1998 06:37:44 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: California Cooperative Gives, Sells Marijuana To
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: compassion23@geocities.com (Frank S. World)
Source: Las Vegas Review-Journal (NV)
Contact: letters@lvrj.com
Website: http://www.lvrj.com/lvrj_home/
Fax: 702-383-4676
Pubdate: 4 October 1998
Author: Ed Vogel Donrey Capital Bureau
CALIFORNIA COOPERATIVE GIVES, SELLS MARIJUANA TO SUFFERING
Nevada to vote on illegal drug for medical use
OAKLAND, Calif. -- Step up to the counter at the Oakland Cannabis Buyers'
Cooperative. Today you'll find baggies of Big Bud and Humboldt Octane sell
for $55 per one-eighth ounce. African Sativa fetches $50, AA Sativa goes
for $20 and RX Sativa, just $15.
For the real connoisseur, hash oil can be purchased, along with powdered
keef, small vials of cannabis blended with alcohol and larger baggies of
ordinary cooking pot. Cookie recipes are available on the counter at no
charge.
A smell similar to new-mown hay wafts in from the adjacent room. There,
under growing lights are dozens of green, symmetrical plants that have
reached a 4-foot height. Give them another couple of months and they end up
in someone's pipe.
"It smells like marijuana," employee Stacy Traylor quickly corrects with a
chuckle.
Whether you call it by the botanical name of cannabis sativa or one of the
cute slang terms concocted by growers, the substance for sale behind the
counter is still marijuana. One-eighth ounce makes about a dozen joints.
Like most employees at the Cannabis Buyers' Cooperative, Traylor, 25, also
is a patient. She said she suffers from a pancreatic disorder that prevents
her from digesting food properly and having normal bowel movements.
"I smoke all day long," said Traylor, who laughs and smiles a lot, but as
the public information officer for the cooperative, manages to answer a lot
of questions. "What kind of people would not want people they love to have
pain relief?"
Before marijuana, Traylor said she took large dosages of prescription
morphine each day.
"If I didn't have marijuana, I wouldn't be here now," she said.
The Cannabis Buyers' Cooperative is the model of the marijuana dispensing
operations that opened in California after 56 percent of its voters
approved Proposition 215 in 1996. About 2,200 people, presumably all with
appropriate recommendations from doctors, acquire their marijuana here.
For users who cannot afford the specialty prices, the cooperative gives
them a "compassionate use" baggie with enough marijuana for about three
joints.
In August, the Oakland City Council designated the staff of the cooperative
as officers of the city, a step that presumably makes them immune from
federal and state prosecution.
"Right now, you are talking to a city officer," quipped Jeff Jones, the
short-haired, 24-year-old executive director. "We are sending a message to
the rest of America that this can be done properly in places that are
committed."
The California law was designed to let AIDS and cancer patients and other
sick people with doctors' recommendations use and grow marijuana without
fear of state legal reprisal. The Oakland cooperative is the largest of
four remaining marijuana dispensaries in California.
Nevada voters on Nov. 3 could approve a similar proposition in Question 9
on their election ballots. More than 73,000 residents signed petitions in
the spring to put the medical marijuana proposal on the ballot.
Voters in five other states, including Oregon and Washington, also have
medical marijuana questions on their ballots.
The impetus and money for the petition drives came from the
California-based Americans for Medical Rights. The group is bankrolled by
billionaire global financier George Soros; John Sperling, founder of the
University of Phoenix; and Peter Lewis, chief executive officer of
Progressive Insurance Co.
Critics have claimed the agenda of Soros, in particular, goes far beyond
medical marijuana. Soros has donated millions to reform marijuana laws.
But Dave Fratello, spokesman for Americans for Medical Rights, insists his
organization only wants to legalize marijuana for medical uses.
Unlike California residents, Silver State voters also must approve the
question again in 2000 before marijuana dispensaries open along the Las
Vegas Strip.
Under the Nevada initiative, the Legislature in 2001 would set up a system
that would permit doctors to recommend marijuana for patients with cancer,
glaucoma, AIDS, epilepsy, nausea, multiple sclerosis and other medical
conditions.
The Nevada proposal goes further than the California initiative to ensure
marijuana use would be restricted to medical patients. It calls for
creation of a registry of patients that law enforcement officers may use to
verify whether people are approved users. The state proposition also
prohibits the use of marijuana in public, even by permitted users.
"We have gone out of our way in the new initiative states so use is more
carefully limited and controlled," Fratello said.
Except for Democratic gubernatorial candidate Jan Jones, a cancer survivor,
most top state officials oppose the medical marijuana question. Nevada's
two congressmen, Republicans John Ensign and Jim Gibbons, sided with the
majority on Sept. 15 as the House of Representatives voted 310-93 for a
resolution that declares members are "unequivocally opposed" to allowing
sick people to use marijuana.
Their votes dismayed leaders of the Marijuana Policy Project, an
organization pushing for the legalization of medical marijuana.
"This resolution shows that the House is completely out of touch with
American people," said Robert Kampia, executive director of the policy
project. "Eighty percent of the American people support medical marijuana,
so it is clear the vast majority also oppose this mean-spirited resolution."
While the medical marijuana initiatives today are controversial, there was
scarcely any attention directed to Nevada in 1979 when the Legislature and
Gov. Robert List backed a medical marijuana law.
Until its repeal in 1987, state law allowed doctors to prescribe marijuana
for cancer patients and people with glaucoma, although there is no evidence
that any ever was prescribed or that the federal government made it
available to legal users.
But neither Gov. Bob Miller nor Republican gubernatorial candidate Kenny
Guinn would be as bold today as List was in his time.
"Federal law prohibits the use of marijuana," Miller said. "As long as that
is the case, state law isn't going to change it."
Miller fears passage of the ballot question could lead to drug abuse, as
has occurred in some marijuana cooperatives in California.
Earlier this year as many as 20 marijuana dispensaries were operating in
California, most notably the San Francisco club operated by Dennis Peron, a
flamboyant man who openly smoked marijuana and made an abortive run for
governor.
Most were shut down by the U.S. Department of Justice and the California
attorney general's office after undercover agents made buys of marijuana.
"I don't accept the idea that only sick people go to these clubs," said
John Gordanier, the California deputy attorney general who closed Peron's
club.
At the height of the San Francisco club trend in the spring, as many as
20,000 people were purchasing marijuana.
"Some of them were terminally ill people, but I don't believe the majority
had medical problems," Gordanier said. "The rest were there to party."
He said one of his agents bought a pound of marijuana from Peron and that
even a 16-year-old made a purchase.
As a former Clark County district attorney, Miller has a particular
interest in stopping the recreational use of drugs. Nevada law makes
possession of even a small amount of marijuana a felony. An amended law
approved in 1995, however, allows minor users to clear their records if
they complete an anti-drug course.
"I haven't seen evidence that marijuana is more effective than other kinds
of drugs," Miller added. "I will try to keep an open mind, but the
potential for abuse is great. But I have sympathy for people who need these
kinds of drugs."
Like Miller, Guinn opposes medical uses of marijuana as long as the drug's
use remains against federal law. He also wants the American Medical
Association to conduct tests on the efficacy of medical marijuana before he
backs use of the drug by sick people.
"I believe in alternative medicine," Guinn said, "but only if the AMA
approves it."
Las Vegas Mayor Jones, however, said she supports the use of marijuana as
medicine, as long as physicians prescribe the drug to patients and the
Nevada State Medical Association oversees the distribution.
The Nevada State Medical Association takes no position on the medical
marijuana question.
Larry Matheis, executive director of the association, said members want the
federal government first to allow the medical industry to conduct rigorous
studies to determine whether marijuana can help sick people.
"There is anecdotal information that patients prefer it," Matheis said. "It
should be studied. The federal government should not discourage controlled
studies."
But Chuck Thomas, spokesman for the Marijuana Policy Project, contends the
Clinton administration has been blocking marijuana studies. The National
Institute on Drug Abuse controls the only legal supply of marijuana in the
United States, and Thomas said the agency thwarted studies to prove the
value of medical marijuana. The agency did not return telephone calls.
"The goal of the government is to keep marijuana illegal at any cost,"
Thomas said. "They say we need more research but they won't allow more
research."
Matheis essentially agrees. He said there is a schizophrenia on the part of
the federal government over anything that deals with drugs.
While he expects Nevada voters to have a "great deal of sympathy" for the
marijuana question, Matheis warns them not to put the cart before the horse.
"Anecdotes that it helps patients are not science," Matheis said. "There
still is a question on whether there are medical benefits to marijuana use."
Six days a week in Oakland, Jeff Jones and Traylor make sure the people who
come in their office receive their preferred medicine.
"The government has put doctors in a horrible situation," Traylor said.
"They are taking away our rights as patients to choose the type of medicine
we want to take."
Jones calls marijuana an "herbal remedy." He also consistently refers to
the substance as cannabis, its scientific name, rather than marijuana,
partly because of his desire to reduce the negative stigma of the word.
Just finding the Cannabis Buyers' Cooperative is difficult. There are no
signs for the cooperative along Broadway Avenue in downtown Oakland.
Visitors must push a buzzer in the lobby of a nondescript office building
before a guard permits them to take an elevator to the cooperative office.
Once at the cooperative, another guard checks identification cards before
anyone can purchase marijuana. Smoking is not permitted in the building.
Jones said his staff call to verify a physician has recommended a patient
use marijuana. Despite the precautions, the Oakland cooperative faces a
future hearing in federal court on why an undercover officer was sold
marijuana.
Jones insists the agent came with a fake recommendation from a doctor,
along with other phony documents.
A conservative young man with white shirt and tie, Jones said he welcomes
regulations to ensure only sick people receive marijuana.
He became interested in marijuana as a remedy to relieve pain after his
father died of cancer in his native South Dakota when Jones was a
teen-ager. Six months after his father's death, Jones read that marijuana
could have helped alleviate his father's pain. "It has side effects," Jones
said. "It makes people lose short-term memories and causes people to be
hungry, but for many people cannabis is the best alternative. I don't want
other people to go through what my father went through."
San Leandro, Calif., user Steve Wilson has diabetes and AIDS. But he looks
as healthy as he did during his days as a fitness trainer.
"Marijuana is a blessing, really," Wilson said. "There were days when I
couldn't walk or eat. I almost died. This is the best I've felt in four
years. It's awesome."
-------------------------------------------------------------------
Trouble Seizes State Drug Bureau (The Orange County Register
says after seven years of California Attorney General Dan Lungren, the state
Bureau of Narcotic Enforcement has been hit by costly sexual harassment
lawsuits, reduced its hiring standards, and faced accusations of
mismanagement, contributing to low moral and unfilled positions at the
agency. Lungren attributes the problems to "some bad apples.")
Date: Sat, 17 Oct 1998 06:21:56 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Trouble Seizes State Drug Bureau
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: John W. Black
Source: Orange County Register (CA)
Contact: letters@link.freedom.com
Website: http://www.ocregister.com/
Copyright: 1998 The Orange County Register
Pubdate: Sun, 04 Oct 1998
Author:Stuart Pfeifer and Mark Katches-OCR
TROUBLE SEIZES STATE DRUG BUREAU
Law Enforcement: Low pay, lawsuits and managerial tactics contribute to low
moral and unfilled positions at the agency.
California's drug enforcement agency has been hit by costly sexual
harassment lawsuits, reduced its hiring standards and faced accusations of
mismanagement during the seven-year administration of Attorney General Dan
Lungren.
The Bureau of Narcotic Enforcement also has sought criminal charges against
workers who complain about their supervisors, a Register review shows.
Bureau agents have gone years without a raise and now rank among the
lowest-paid law-enforcement officers in the state. With recruitment a
problem, the agency - which manages dozens of anti-drug task forces
statewide - has lowered its previous education and law-enforcement
experience requirements.
Lungren attributes the problems to "some bad apples."
"But if you look overall at the people at the BNE, we have a very good
record for the quality of people we have," he said.
California is the center of the nation's methamphetamine trade. And
consequently, methamphetamine is a target of bureau agents, particularly in
recent years.
Lungren says his agents have seized more than $7 billion in narcotics,
closed 4,300 drug labs and made more than 60,000 arrests since he took over
in 1991.
"Our BNE agents are involved in taking down more, or about the same number,
of clandestine labs in California as the DEA takes down in the entire
country outside of California," said Lungren, who is running for governor.
Internally, Lungren's agency has been doling out hundreds of thousands of
dollars to deal with complaints of sexual harassment - including one against
bureau Chief George J. Doane.
The state has paid $521,000 to settle three lawsuits accusing the bureau of
harassment and retaliation in the past four years, according to records
obtained under the California Public Records Act.
An analysis of those cases found that:
The male-dominated drug agency-25 of its 336 agents are female - has been
labeled a hostile workplace in lawsuits.
The agency has countered two complaints by asking local prosecutors to file
criminal charges against the workers. Both times, prosecutors declined.
Doane said none of the male employees named in sexual harassment cases,
including himself, were disciplined. Two of the men later retired.
Michelle Reinglass, a Laguna Hills lawyer who has extensive experience in
sexual-harassment cases, said the drug agency's handling of cases seems to
represent "pretty outrageous" examples of retaliation.
"It makes the cases far more egregious," said Reinglass, who has no
connection with any past or pending suits against the agency. "More often
than not, the sexual harassment was not the most devastating aspect of a
situation. It's the repercussions that follow."
Doane disputed in an interview that the agency has retaliated against
employees who complained.
"I know what it looks like, but you can't allow process to be governed by
what things look like," Doane said. "If in the course of investigating your
complaint, we find out you, too, did wrong things, we're going to do what
the situation mandates."
The drug agency's 336 sworn agents would make it the fourth-largest agency
in Orange County. No comparably sized police agency in Orange County has had
as much legal trouble with sexual harassment as Lungren's drug-enforcement
agency.
The Anaheim police, with 389 sworn police officers, and Santa Ana police,
with 406 officers, have paid no sexual harassment damages in the past five
years, officials in those cities said. The Orange County Sheriff's
Department, whose 1,459 deputies make it more than four times the size of
the state anti-drug agency, has been sued seven times for sexual harassment
in the past five years and paid one settlement.
Special Agent Richard Wayne Parker of San Juan Capistrano is awaiting trial
at the federal court in Los Angeles for allegedly trafficking cocaine.
Perhaps even more embarrassing, the Lungren administration also has had to
deal with the disappearance of 650 pounds of cocaine from a poorly guarded
Riverside office - a theft Lungren described as a "gut punch."
The state agency also has been questioned for some of its tactics in the war
on drugs.
It has given known drug dealers a key ingredient in the making of
methamphetamine. The dealers are then followed and arrested in these
"reverse stings."
In one case, 57 pounds of methamphetamine was sold to the public and went
unrecovered, according to court documents filed in a criminal case.
State officials say they stand by their reverse stings, noting that agents
have recovered far larger quantities of methamphetamine in these operations.
The agency also has dealt with less serious disciplinary issues and abuses
of state equipment. Special Agent Rolando Garcia resigned in 1996 after he
was caught running license plates through the Department of Motor Vehicles
database to find addresses of women he considered attractive.
Supervising Special Agent Don Rominger, who manages the bureau's aviation
unit, was reprimanded in the same year for flying his daughter from Los
Angeles to Sacramento in a narcotics-surveillance plane, Doane said.
In the past four years, task forces run by the agency have paid $812,000 in
civil damages and settlements for bad search warrants, civil-rights
violations and property damage. These task forces typically involve several
police agencies, under the state bureau's supervision. The state's share has
been $212,000 in these cases.
Claims filed against the agency have increased in each of the last three
years, rising from five in 1996 to 14 so far this year.
Union officials representing the agents say they believe the rise in claims
is related to the low pay. That, in turn, has made it difficult to hire
quality agents. The agents are paid less than patrol officers in many police
agencies in the state.
"We're having a terrible time getting anybody with good backgrounds," said
Christy McCampbell, the special agent in charge of the agency's San Jose
office. "Some agencies are making about double what our agents are making."
The highest special-agent salary - $4,695 a month or $56,340 annually - is
less than the amount the Los Angeles Police Department pays a rookie
detective. Small departments such as the Palo Alto, Mountain View and
Berkeley police pay as much as $800 more a month. A Santa Ana detective can
earn $1,000 a month more than a special agent with the same experience
level, agency records show.
Doane said 27 special agents have resigned this year - most taking
higher-paying jobs at the Department of Corrections. All told, the agency
now has about 90 jobs vacant, Doane said. As recently as five years ago, the
agency lost only a handful of agents each year, mostly to retirement, Doane
said.
Because the agency has had trouble recruiting, the state lowered its hiring
standards last year. Before October 1997, the agency hired only peace
officers with investigative experience and a four-year college degree. Now,
it has dropped the education level to two years of college with prior
law-enforcement experience, and eliminated investigative experience as a
requirement for new recruits.
"This used to be the leading, exemplary agency," said Sam McCall, chief
legal counsel for the California Union of Safety Employees, which represents
the special agents at the bargaining table. "Law enforcement officers were
champing at the bit to move to it. It was the leader. Now they're having
trouble recruiting competent, qualified people."
McCall said Gov. Pete Wilson's negotiators have been largely to blame for
denying pay raises to special agents. But he also blamed Lungren.
"I have not seen any attempt on his part to do anything for the agents to
keep them as a premier law-enforcement agency," McCall said.
Lungren, who is trying to succeed fellow Republican Wilson as governor, said
he has tried to persuade Wilson to increase the pay of the state's special
agents at a critical time in California's war on drugs. But Wilson, who
negotiates collective bargaining agreements with state workers, hasn't
budged.
Doane acknowledged having trouble hiring top-quality agents, but he
attributed the rising number of claims and lawsuits to "an increasingly
litigious society."
"A lot more people used to want this job," Doane said. "Not only was it a
respected job in law enforcement, the cream of the crop, but the pay was
good. The pay package has diminished, but I don't believe the esteem of the
agency has gone down."
The agency recently mailed out 2,500 examinations to job candidates who had
expressed interest in becoming special agents. Just half of the tests were
returned, Doane said.
Lungren said he considers the problems at the agency to be "isolated" cases.
"I would never say they're minor," Lungren said. "If we have a problem, I
wouldn't consider it minor. If you look at the work we do overall, we're
recognized around the country."
But the low pay, the lawsuits, the embarrassing scandals and the alleged
retaliation have led to morale problems, says Special Agent Jesse Reyes of
the Sacramento office.
"I want to feel like I work for a credible law-enforcement agency," said
Reyes, a 24-year law-enforcement veteran. "Right now I don't."
-------------------------------------------------------------------
Jail Stays Grow With The Backlog (The San Jose Mercury News
says the Santa Clara County Hall of Justice is almost empty on Fridays
as judges run errands or play golf, while the courts are burdened with one
of the biggest backlogs of felony cases awaiting trial in the county's
history. A recent audit found Santa Clara County to have the least efficient
criminal trial system of the 17 largest counties in California. Inmates are
languishing longer than ever waiting for trial in the overcrowded county
jail, at taxpayers' expense.)
Date: Tue, 6 Oct 1998 07:28:02 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Jail Stays Grow With The Backlog
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Marcus/Mermelstein Family (mmfamily@ix.netcom.com)
Source: San Jose Mercury News (CA)
Contact: letters@sjmercury.com
Website: http://www.sjmercury.com/
Pubdate: 4 Oct 1998
JAIL STAYS GROW WITH THE BACKLOG
Length of time defendants are held has more than doubled in 6 years
On a typical Friday, Santa Clara County's Hall of Justice looks like it is
going out of business. Some judges are toiling away in their chambers, but,
with the exception of a few clerks and bailiffs, courtroom after courtroom
has been abandoned.
Despite a crushing criminal caseload, a five-month Mercury News
investigation documented that by lunch time on most Fridays, a cadre of
veteran judges, the men who hear the most notorious and heinous cases, have
left for home, are off running errands or are on their way to play golf.
``You could set a bomb off in the Hall of Justice on most Fridays and not
kill any judges or many lawyers,'' says a veteran prosecutor who has worked
in the building for years.
These judges say they are free to leave because there is not enough work to
keep them in the courthouse on Fridays, and claim they are taking vacation
time to which they are entitled.
``If I have nothing assigned to me . . . and I have no cases under
submission, there is no requirement to the electorate to be here to look at
that wall,'' says Superior Court Judge Thomas Hastings, a 19-year veteran
who regularly plays golf on Fridays. ``In fact, I think the electorate
would be better served knowing that for my emotional stability and physical
stability, I'm getting exercise.''
But a hard look at the county's criminal courts suggests that judges should
not have to search far for work. The courts are burdened with one of the
biggest backlogs of felony cases awaiting trial in the county's history.
A recent audit found Santa Clara County to have the least efficient
criminal trial system of the 17 largest counties in California, and that
includes Los Angeles, the state's criminal-justice jungle. Inmates are
languishing longer than ever waiting for trial in the overcrowded county
jail, at taxpayers' expense.
The judges who leave early say they get all of their work done, and they
blame the backlog on a lack of resources. They consistently have argued for
more prosecutors, public defenders and judges.
But interviews with approximately 75 prosecutors, defense lawyers, court
officials and other judges reveal a system that often operates for the
personal convenience of a handful of powerful judges.
``Work is not valued; efficiency is not valued,'' says one Superior Court
judge who has presided over criminal cases in the past. Like most people
interviewed for this investigation, the judge insisted on anonymity. Judges
feared alienating their colleagues while lawyers feared offending the
judges in whose courts they must appear.
``These folks have set the tone,'' the judge continued, ``and it ripples
through the whole system.''
An open secret
Criminal courts close early on Fridays
Indeed, it has been an open secret in the local judiciary for at least a
decade that the criminal courts close early on Fridays, no matter how many
cases are awaiting trial.
Fridays are known as ``kick-back'' days, a day court insiders say some
judges plan for all week.
``It's a bunch of boys, a fraternity engaged in that kind of stuff,'' one
veteran defense attorney says of the golfing judges, who frequently arrive
at the Hall on Fridays sporting slacks and golf shirts. ``In the back
hallways, they brag about their games, [and] someone will have a driver or
putter and show it off.''
No one has been able to change this culture because, as one prominent San
Jose jurist puts it, ``We'd have to go to war (with some of the Hall's
judges) to deal with this.''
To document its findings, the Mercury News focused on 14 of 15 Superior
Court judges who work in the Hall of Justice, the glass-modern six-story
structure adjacent to the county jail on Hedding Street in San Jose. In
their 14 courtrooms, those judges hear the most serious criminal cases. The
15th judge is the supervising judge who mostly has an administrative role.
From mid-April to mid-August, reporters checked those courtrooms twice
every day to see if they were open or closed. The judges' parking lot was
monitored to determine if cars were gone at the same time a courtroom was
locked, and judges were followed when they left early on Fridays.
Among the findings:
On Fridays, several judges began leaving the Hall before noon. By 2:30
p.m., on average half of the 14 courtrooms in the Hall were closed. On many
of these days, nearly all the courtrooms were shut.
Four judges played golf or went home nearly every Friday afternoon, and
occasionally some of them played on other weekdays: Thomas Hastings, Daniel
Creed, Hugh Mullin III and Robert Foley. A fifth, Rene Navarro, joined them
on occasion and sometimes left for home after working Friday mornings.
Another judge, John Ball, says that he may have golfed on Fridays in the
past but has not made it a practice this year. On some afternoons, he left
the Hall early to attend to his wife, who is ill.
Judge Robert Ahern occasionally went home, ran errands or attended to
personal business on Fridays, while Judge Ronald Lisk was gone some Friday
afternoons.
The remaining six judges generally put in full days on Fridays.
A group of criminal judges took the same days off for vacation several
times during the year. Eight judges took off the entire first week of June,
seven for an annual golfing retreat at a resort near Donner Pass.
Judges, who earn $110,612 a year, came and went as they pleased under a
vacation policy that by all accounts is an honor system.
``Superior Court's vacation policy has always been to have no policy,''
says one veteran Superior Court judge.
Fuzzy vacation time
Record-keeping appears unreliable
While many other court systems around the state record judges' vacation
time in detail, record-keeping for Superior Court judges in Santa Clara
County is unreliable at best.
Judges Mullin and Foley, for example, produced documents indicating that
they put in for vacation time for some weekdays that they played golf, but
the dates were not reflected in the court's vacation records.
Under this largely unregulated system, judges can for all practical
purposes take as much vacation each year as they want, although there is a
statewide guideline of 21 days annually.
Those guidelines call for the presiding judge to be notified ``reasonably''
in advance of a judge's intention to take off a half day or more. Most of
the court's judges are diligent about putting in for vacation in advance,
based on a review of Superior Court's 1997 and 1998 vacation logs.
But some of the Hall judges, such as Hastings and Mullin, take
spur-of-the-moment vacation days for their Friday golf outings. They say
they do not need to apply for them in advance.
``The only person who tracks a judge's vacation in the Superior Court is
the judge,'' Hastings says. ``Some years, a judge might take 10 days; next
year, they might take 40 days. That's up to the individual judge.''
Other Hall of Justice judges who play golf regularly say they are taking
legitimate vacation time when they head out early on Fridays. Navarro
declined to comment, saying Hastings spoke for him. Foley, who handles
mostly non-trial drug cases, says he takes off a half day on Fridays to
golf. He says he compensates for that by reviewing legal documents on many
Saturdays and Sundays.
``There have been years in the past where I have not taken any vacation,''
Foley says. ``You can't believe how relaxing golf is. I get to see some
green grass, breathe some fresh air, watch the little animals run around,
and just forget about this legal stuff, because it's all going to be there
on Saturday morning.''
Members of the legal community credit Foley with an extraordinary work
ethic and characterize Hastings as one of the county's best criminal-trial
judges.
But many judges and lawyers are outraged that these judges abandon the Hall
of Justice early on Fridays for a round of golf, regardless of the
justification. A majority of those interviewed are convinced that the
largest court system in the Bay Area cannot afford to lose a weekday's work.
``When the judges leave, that means there is a bailiff, clerk and court
reporter doing nothing,'' says one prosecutor. ``Meanwhile, our jails are
overcrowded with people who should be sentenced and on their way to prison.
It is cheating the taxpayers. It's not the way things were set up to be --
for a group of judges to predictably take Fridays off to pursue their sport.''
Adds former Superior Court Judge Peter Stone, a respected leader in the
legal community who retired last year: ``The obligation of every judge is
to devote every moment of professional time to serving the public. To the
extent the facts turn out to be otherwise, corrective action needs to be
taken by each of these individuals.''
Weekend work
Judges say they compensate for Fridays
The Hall judges who leave early on Fridays insist they are fulfilling those
obligations. Although courts are not in session nights or weekends, the
judges say they take work associated with their ongoing trials home or come
in on weekends to do it.
Judges such as Hastings, Creed and Mullin tend to run their complex murder
trials four days a week, giving defense attorneys and prosecutors a chance
to keep up with their other cases on Fridays. Ahern sometimes runs trials
on Fridays.
According to the Hall judges, everyone needs a break in grueling trials
that stretch for months, from court reporters warding off repetitive strain
injuries to jurors who welcome a chance to attend to personal business.
Indeed, many attorneys welcome the opportunity to catch up on work outside
the courtroom.
Jack Marshall, chief trial deputy district attorney, says he doesn't care
what judges do ``as long as they do good work. I judge a judge by how he
conducts himself when he's working. I think that's why a bunch of us aren't
particularly offended. Fridays, particularly Friday afternoons, have
generally been a slow day around the courthouse. It's been that way for 35
years.''
The judges say the Friday breaks are important for them, too.
``The accusation we play golf on Friday is true, but quite frankly for my
mental health, I've got to do something to relieve the stress,'' says
Creed. ``I suppose I could be doing on Friday afternoon what I do on Sunday
morning, but this is not a 9 to 5 job where you're getting paid by the
hour. And if you'll check, you'll find I've never turned down work.''
Adds Mullin: It [golf] is for relaxation. We do become isolated because of
the contact you can't have. If nothing else, we vent frustration out there.''
To-do list
Plenty of work, other judges say
Many in the legal community say the judges who leave early on Fridays have
maneuvered the system so that they do little or no work other than handling
their ongoing trials.
And there is plenty of other work Hall jurists could do on Fridays, say
many judges, lawyers and court administrators, to help alleviate the
overload in the court system.
Judges could be settling other cases, sentencing defendants, hearing legal
motions or pitching in to help on mundane court business, like signing
search warrants or improving court administration.
Many judges handle such work, but court officials say the judges who leave
early on Fridays usually are not sent such matters because it is wellknown
that they won't be there to do it. These judges also have successfully
resisted being rotated out of long-trial duty to other assignments.
Paul Teilh, a retired judge who hears cases on special assignment, runs
trials five days a week whenever possible.
Known by some lawyers as ``The General'' for his hard-nosed approach, Teilh
tries more cases per year than just about any judge in the county. Last
year, Teilh handled 36 of the 308 felony jury trials completed by the courts.
``I don't agree a judge should leave if there is nothing to do,'' says
Teilh, who is 82. ``He could take up other cases.''
Other Hall of Justice judges say they find ample work on Fridays.
``There's always plenty of work for me to do,'' says Judge Alden Danner.
``Come and see my chambers. I've got piles of work to do.''
The judges who leave early also argue that they have the most legally and
psychologically demanding job in the judiciary -- trying and sentencing
murderers such as Richard Allen Davis. And they say their job is more
strenuous than the work done by their colleagues in Juvenile or Family
Court, or in the civil courts, where the major Silicon Valley lawsuits are
heard.
``All judges are not equal,'' says Ball, a criminal court judge. ``We don't
do the same job. The judges that you are picking on are the equivalent of
our brain surgeons. The criminal division is immensely harder than the
civil division.''
Other judges couldn't disagree more. They point out that in most cases,
there is little extra legal work associated with running a long criminal
trial.
``Once I pick juries, I just sit back on the bench and call balls and
strikes,'' says a San Francisco Superior Court judge who handles long
criminal trials. ``It's the easiest thing to do once the trial starts.''
And many Santa Clara County judges take pride in a civil court system that
sorts out multimillion-dollar disputes between the valley's high-tech
companies, as well as thousands of citizen lawsuits each year, ranging from
product defect complaints to challenges to local government.
The civil-court system is ranked as one of the most efficient in
California, a sharp contrast to its Hall of Justice counterpart.
These judges resent attitudes like Ball's, and take a dim view of what one
Superior Court judge labeled ``the culture that is entrenched'' in the
criminal division.
``There has been flagrant abuse for years, and there is a certain
resentment by judges who don't take off every Friday,'' says another
Superior Court judge. ``Even if they're taking vacation, that's a lot of
judges to be missing at once.''
Presiding Judge Leslie Nichols defends the performance of the criminal
courts, saying criminal cases ``are attended to with all reasonable
dispatch.''
Catherine Gallagher, the supervising judge in the criminal courts, insists
there is no connection between a backlog and a judge like Hastings or Creed
taking off on a Friday. During her one-year tenure, Gallagher says, she has
never had to search in vain for a judge if she had work for them on a Friday.
``Could I fill everybody up on Fridays? I don't think I can,'' she says.
Adds Judge Jack Komar, who supervised the criminal courts in 1995-96 and
who will become presiding judge next year: ``Was the business of the courts
hurt by judges not being there on Fridays? Not one bit in the two years I
was there. I never had a case where both sides were ready when I couldn't
find a judge. I couldn't find cases to send out because the DA was tied up
or a defense attorney was not ready. If we had more public attorneys,
deputy DAs and public defenders, more cases would be processed.''
But the district attorney says his office is ready to go to trial in the
vast majority of cases. Supervising Deputy District Attorney Donald
Shearer, who is in charge of the felony calendar in the criminal courts,
says, ``We are generally ready for trial 80 percent of the time.''
One public defender, who asked not to be identified, bristled at the
suggestion that the troubles in the criminal courts stem from a shortage of
lawyers.
``Everybody knows the Hall of Justice is pretty much shut down on Friday,''
this attorney said. ``For them to shift the responsibility for that to
government attorneys is outrageous.''
David Mann, who is Shearer's counterpart in the public defender's office,
says his office is ready to discuss or try 50 percent to 60 percent of
pending cases at any time. Defense lawyers typically are not prepared to go
to trial as fast as prosecutors, in part because it takes time to respond
to the government's case and in part because delay often is central to
defense strategy.
``It's true that we're not ready as often as the district attorney. But
there are plenty of cases on any calendar for discussion that could happen
any day of the week. So many more cases end up settling than going to
trial,'' Mann says.
The audit commissioned by the county stressed that despite the backlog in
the criminal courts, local judges are not burdened with heavy workloads
compared with other state courts.
Statewide figures back this up: Santa Clara County last year ranked only
43rd among the state's 58 counties in the number of civil and criminal
cases filed per judge, 34th in cases set for trial per judge, and 27th in
jury trials per judge.
A growing backlog
Inmates wait longer to go to trial
Meanwhile, the criminal backlog is taking its toll. When cases aren't
processed, the jails crowd up. In the past six years, the average length of
time inmates stay in county jails has increased 111 percent.
It costs the county $23,600 to incarcerate an inmate for a year. As of
Sept. 2, county jails housed 4,568 inmates, 121 percent of maximum
capacity, according to county jail figures. This September, 2,433 jail
inmates, or 53 percent, were awaiting trial, in trial or awaiting
sentencing. And the time they are waiting is getting longer. According to
the county audit, the average length of stay in the county jail for
non-sentenced prisoners increased from 67 days in May 1991 to 142 days in
May 1997.
``The biggest concern we have is that the ratio has reversed itself,'' says
Rick Kitson, a county jail spokesman. ``Ten years ago, most inmates were
sentenced and serving time locally. Now, most are in the court or judicial
process.''
In a fuming letter to the board of supervisors responding to the audit, the
judges pinned the blame for the state of the criminal docket squarely on a
lack of resources. In addition to arguing that the county needs more public
defenders and prosecutors available for cases, the court suggested that it
might need more judges as well.
``If jail overcrowding is, in part, a consequence of cases being processed
through the system as fast as possible, that would appear to be the
consequence of inadequate numbers of public lawyers and judges, not the
processes themselves,'' wrote Court Executive Steve Love in a letter
speaking for the entire court.
Regardless of what would solve the system's problems, some judges and legal
experts worry about how the image of the courts is affected by judges
playing golf on Fridays.
The state Commission on Judicial Performance, the disciplinary arm of the
state judiciary, has punished judges in the past for improperly leaving
their jobs.
Public confidence
Some judges worry about court integrity
``The first ethical duty of a judge is to maintain public confidence in the
integrity of the judiciary,'' says San Jose federal Judge Jeremy Fogel, a
longtime Superior Court judge and one of the leading judicial ethics
experts in the state. ``The court needs to look at its institutional
structure in a way that maintains public confidence in the institution.''
Adds Edward Davila, president of the Santa Clara County Bar Association and
a veteran criminal defense attorney: ``These types of things may allow the
public to lose confidence in our system of justice. It opens everybody in
the legal community, perhaps unfairly, to criticism. It would be a pity if
the good work by the collective bench is diminished in any way by this.''
The Hall judges who leave early say public image is not in their control.
``I can't affect that perception,'' says Hastings. ``That's where you (the
media) come in. You can be very positive. You can talk about the fine work
the criminal justice (system) is doing in Santa Clara County, and you can
talk about the fine work the criminal division of this court is doing.''
As with all things in the criminal justice system, the debate over the
Friday workload comes back to the judges. The state Judicial Council, which
sets policy for all California judges, makes it clear in its rules that
``the court, not the lawyers or litigants, should control the pace of
litigation. A strong judicial commitment is essential to reducing delay and
maintaining a current docket.''
A majority of the county's judges are hopeful that the current culture of
casual Fridays at the Hall will go the way of the valley's fruit orchards.
Like courts throughout the state, the county is struggling with the impact
of the 4-year-old ``three strikes, you're out'' law, which results in more
defendants going to trial because they have nothing to gain by settling a
third conviction through plea bargaining.
The district attorney's office also is projecting a steady increase in
felony cases over the next 10 years.
The problem is now landing on the desk of Komar, the incoming presiding
judge. The court system is already beginning to overhaul its traditional
structure by merging the 79 judges of Municipal and Superior Courts into
one mega-court.
The task of being a presiding judge is often likened to ``herding cats.''
But Komar, while defending the actions of the Hall judges, plans to make
some changes.
``In the new unified courts,'' Komar says, ``there will be plenty of work
to do on Fridays.''
1997 - 1998 Mercury Center. The information you receive online from Mercury
Center is protected by the copyright laws of the United States. The
copyright laws prohibit any copying, redistributing, retransmitting, or
repurposing of any copyright-protected material.
-------------------------------------------------------------------
Marijuana Rally Draws 45,000 For Legalization (A Boston Globe account
of the the ninth annual Freedom Rally, or Hempday, at Boston Common,
organized by MassCann, notes those attending included John Sinclair,
a longtime political activist sentenced in 1969 to 10 years in prison
for two marijuana cigarettes. Later he founded the first organization
dedicated to ending punitive marijuana policies.)

Date: Sun, 4 Oct 1998 05:50:11 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US MA: Boston Globe: Marijuana Rally Draws 45,000 For
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: The Media Awareness Project of DrugSense
Source: The Boston Globe
Page: B1 - Front Page, Second Section
Pubdate: Sunday, 04 Oct 1998
Authors: Ellen O'Brien, Globe Staff and Pat Flaherty Globe Correspondent,
Contact: letters@globe.com
Website: http://www.boston.com/globe/
Note: I have added the lyrics to Lennon's song (not in the Globe article)
'John Sinclair' at the end of this item. One of my earliest memories (68-69
SY) of my drug reform activities is assisting with finding dorm rooms for
John's family when they came to visit him in the state prison just miles
from Northern Michigan University. - Richard Lake, Sr. Editor
MARIJUANA RALLY DRAWS 45,000 FOR LEGALIZATION
Police Report 60 Arrests At Otherwise Peaceful Event
Most of them were not yet born when John Lennon wrote a song about a man
named John Sinclair and his legendary marijuana bust, but nearly 30 years
later, thousands of people rallied in Boston yesterday for the legalization
of a drug that remains extraordinarily popular - and controversial.
On the surface, the ninth annual Freedom Rally, or Hempday, looked like a
gathering of mostly white, and obviously young Americans who wanted to
rebel in the shadow of the State House. Many cruised the crowd in search of
a little help from their friends who might have a joint - an illegal
marijuana cigarette.
But a closer look, and listen, revealed a slightly more diverse crowd, with
some well-lined faces smiling in the sunshine, graduate students discussing
the dangers of drinking versus smoking marijuana, and two investment
bankers expounding on how the decriminalization of marijuana use would help
taxpayers who finance the "War on Drugs."
The Boston Common event, organized by MassCann, the local chapter of the
national marijuana-legalization lobby, drew about 40,000 people, Boston
police spokesman Kevin Jones said.
John Sinclair was there, too. A longtime political activist, Sinclair was
sentenced to 10 years in prison after being arrested with two marijuana
cigarettes in 1969 and was one of the day's featured speakers. Sinclair was
released in 1971 and founded the first organization to legalize marijuana.
He is the subject of Lennon's song, "John Sinclair."
For the most part, police and participants agreed that all went well, with
about 62 arrests at day's end, nearly all for possession of marijuana.
That's less than half the arrests made last year, with a crowd that
organizers say was smaller by about 10,000 people.
"This is pretty impressive," said Adam Calihman, who spent much of
yesterday sitting beneath a tree, watching the collage of humanity on the
Common. "It's just a big, peaceful group," said Calihman, a 22-year-old
college student visiting from New York.
"I hope marijuana will be decriminalized," said Calihman, explaining his
attendance.
"I feel it's just ridiculous that for over 40 years, that the government
refuses to recognize what people want," he said. "You wouldn't see all
these people rallying around heroin. This is something that people agree on."
The only real complaint about the rally, which was blessed by crisp, clear
autumn weather, was from repeat visitors who said marijuana - weed, hemp,
or bud, depending on who you ask - was harder to locate than in years past.
Boston Mayor Thomas M. Menino, through a spokesman, declined to comment on
the rally yesterday, which occurred in the aftermath of the city's attempt
to reject the permit application.
MassCann president Bill Downing, wearing a pig nose, was detained by a
plainclothes officer whom Downing was trailing while making farm animal
noises.
It was not appreciated by police, and neither was the one rallying cry from
an organizer encouraging people to "Light Up!" late in the day, although
there had been a request from city officials for the crowd not to be
encouraged to smoke. Police said they otherwise had an easy day, with a
friendly crowd.
One young person, a male teen, was carried away on a stretcher after
passing out, said Jones. It was unclear last night how the teen became ill,
police said.
Organizer Michael Cutler, who is the national director of the Voluntary
Committee of Lawyers, said he was pleased to see older faces in the crowd,
ones who he said have become legitimate voices in criticizing the use of
federal and state funds to arrest and incarcerate young people who use
marijuana.
"It is wrong for young people to smoke, yes," said Cutler. "It interrupts
adolesence, as does drinking. But you don't arrest them by the thousands. "
Elvy Musickka, who is one of eight people who are legally certified by the
federal government to receive marijuana for medical purposes, addressed the
crowd, and later said that her prescription marijuana cigarettes had
prevented her eyesight from deteriorating as a result of severe glaucoma.
She smokes about 10 of the cigarettes a day.
"My message is that we must take responsibility for all the people who are
putting themselves at risk to get the treatment they need," she said,
recalling her search for drugs on the street before she was prescribed
marijuana.
Much of the day's education efforts came in the form of literature,
comparing the effects of alcohol and its role in violent incidents to the
effects of marijuana as a calming drug with medicinal purposes. Many of
those who wandered through the nation's oldest park, purchasing incense,
T-shirts, and candles, said they could not be interviewed for fear of being
ostracized at work, by their clients or pupils, or at home, by their
landlords.
Pam Thomure, a 54-year-old attorney, said the message of the rally was an
important one. "We need to legalize," Thomure said. "There's a great
underground economy in which the least able in our society are being used,"
she said, referring to young children targeted by sellers. "Most people
have their head in the sand about this issue."
Copyright 1998 Globe Newspaper Company.
* * * *
John Sinclair
By John Lennon
It ain't fair, John Sinclair In the stir for breathing air
Won't you care for John Sinclair?
In the stir for breathing air
Let him be, set him free
Let him be like you and me
They gave him ten for two
What else can the judges do?
Gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta,
gotta, gotta, gotta, gotta, gotta set him free
If he'd been a soldier man
Shooting gooks in Vietnam
If he was the CIA
Selling dope and making hay
He'd be free, they'd let him be
Breathing air, like you and me
They gave him ten for two
What else can the judges do?
Gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta,
gotta, gotta, gotta, gotta, gotta set him free
They gave him ten for two
They got Ali Otis too.
Gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta,
gotta, gotta, gotta, gotta, gotta set him free
Was he jailed for what he done?
Or representing everyone
Free John now, if we can
From the clutches of the man
Let him be, lift the lid
Bring him to his wife and kids
They gave him ten for two
What else can the bastards do?
Gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta, gotta,
gotta, gotta, gotta, gotta, gotta set him free
-------------------------------------------------------------------
Pot Rally Had Hardly A Whiff Of The '60s (The Boston Herald version focuses
on the participation of Elvy Musikka, one of eight patients who still receive
medical marijuana from the US government under the Compassionate
Investigational New Drug program discontinued by the Bush Administration
in 1992.)
Date: Mon, 5 Oct 1998 18:00:28 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US MA: Pot Rally Had Hardly A Whiff Of The '60s
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: MASS CAN/NORML http://www.masscann.org/
Source: Boston Herald (MA)
Contact: letterstoeditor@bostonherald.com
Website: http://www.bostonherald.com/
Pubdate: Sun, 04 Oct 1998
Author: Peter Gelzinis
Note: Talk back to Peter Gelzinis
http://www.bostonherald.com/guestbook/pgelzinis/pgelzinis.html
POT RALLY HAD HARDLY A WHIFF OF THE '60s
In the beginning, like our chief toker, Bill Clinton, Elvy Musikka did not
inhale. She ate -- homemade marijuana brownies.
Though Elvy's spiked brownies seemed to do the trick for her glaucoma,
there was this one problem. The more brownies she ate the fatter she got.
So, this single mother of two from Hollywood, Fla., had her "prescription"
changed. Now Elvy carries her daily supply of 10 government-sanctioned,
"medicinal" joints in the grubbiest looking over-sized pill vial you ever saw.
She says the glaucoma in her one good eye has stabilized. As for the
short-term memory loss, Elvy's learned to compensate, undoubtedly, by
talking a blue streak. Listening to her rave on about the wonders of
"joint" therapy, and how "medical marijuana" should be part of any national
health plan is a little like trying to sing along with Alvin & The Chipmunks.
Under a gorgeous fall sky, Elvy Musikka -- billed as one of eight people in
America legally certified to toke by the government -- made an appearance
on Boston Common at yesterday's hemp fest, pro-pot, high-school hootenanny
and slam dance.
To be honest, the youngsters in their hip-huggers and skateboarding garb
did not pay a whole lot of attention to Elvy up there on stage. They were
far too pre-occupied by either raging hormones, or as one desperate sign
put it: "Will do bleepy impersonations for free roaches."
It was hardly like Eva Peron returning to Argentina. Still, Elvy Musikka is
to the pro-cannabis movement what Elvira "Pixie" Palladino was to the
anti-busing movement. Except, Elvy sings . . . really.
As she tried to harmonize with a song off her CD, "Truth and Love Are One,"
I couldn't help but imagine Frank Sinatra grimmacing from some Jack
Daniels-soaked lair in the sky and wondering: "What's with the old biker
chick?"
Elvy was proud to point out that from the tips of her green sneakers to the
top of her black "High Times" cap, everything she wore was made of 100
percent hemp. Not a stitch of earth-polluting polyester on her.
Now, if you happened to be a Boston cop, maybe there were easier ways to
make $28 an hour. You could always do a detail over a manhole, or by the
check-out register at Stop & Shop.
But how much fun is that compared to, say, dressing up like a refugee out
of Starsky & Hutch -- in frayed jeans, hooded sweatshirt and red bandanas,
no less -- while Bill Downing, president of MassCann, follows you through
the crowd, wearing a pig nose and blowing your cover by shouting "OINK!
OINK!" everywhere you roam.
With or without a pig nose, most kids spotted the cops. Amid teeny-bopper
nation, they were the ones who looked like Gabby Hayes.
At one point, half the old homicide department was following pig-nosed Bill
Downing, as he shadowed a young undercover cop who looked like he just
might jam the rubber nose down Downing's throat.
Essentially, this was the tenor of the great First Amendment duel on the
Common, yesterday. Bill Downing in a pig nose yelling "OINK! OINK!." Sad,
truly. It makes this child of the '60s cringe to see how far down the
civil-disobedience food chain we have dribbled.
From "Stop The War" to "OINK! OINK!"
But, hey, the two guys in green Coca-Cola T-shirts manning a sausage cart
weren't complaining. Good position at a mass toke-in was a helluva lot
better than no position outside Fenway Park. The dopers were infinitely
better to the sausage guys than our heroes in Kenmore Square.
"Nice crowd," observed the sausage guy No. 1, who made change from a wad of
bills stuffed in his hand, thick enough to choke a horse.
"It seems to take a while for some of these kids to come up with the dough
for a sandwich," the sausage guy observed. "The bills are all crinkled and
stuck together. They make ya wait. But they're nice about it. Nice kids,
basically. I could use some different music, though."
The Libertarian Party was there, of course, with a 10-question pop quiz to
determine if you were actually a closet Libertarian. Problem was, after 4
in the afternoon, some folks were a little too zonked out to figure out
where they lived, let alone what political party they belonged to.
That short-term memory thing, man. Just like ol' Elvy was sayin', the
"medicine, it fills your mind with all these distractions."
Copyright 1998 Boston Herald, Inc.
-------------------------------------------------------------------
Despite Warnings, Some Still Inhaled (A different Boston Herald account
portrays Saturday's rally at Boston Common in favor of decriminalizing
marijuana, sponsored by MassCann.)
Date: Mon, 5 Oct 1998 18:00:38 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US MA: Despite Warnings, Some Still Inhaled
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: MASS CAN/NORML http://www.masscann.org/
Source: Boston Herald (MA)
Contact: letterstoeditor@bostonherald.com
Website: http://www.bostonherald.com/
Pubdate: Sun, 04 Oct 1998
Author: David Weber
DESPITE WARNINGS, SOME STILL INHALED
Earnest activists, political candidates and stoners just looking to "chill
and smoke some weed" assembled on Boston Common yesterday around one common
theme: Decriminalize marijuana.
"It's just the pursuit of freedom," said Ronald Byers Jr., 26, of
Billerica, who admitted smoking some pot yesterday. "It's time to legalize
it. Many millions of Americans smoke it. Why hide it anymore?"
One of the reasons to hide it was the Boston police. They had a large
uniformed presence at the rally, and undercover officers roamed through the
crowd, making arrests.
Sixty-one people were arrested and taken to the Area A station near
Government Center by the time the five-hour rally officially ended at 5
p.m. That number was less than half last year's count of 150.
There were no violent confrontations between the police and the pro-pot
crowd. Officers demonstrated restraint while being baited with "oink, oink"
chants from rallyers, particularly Bill Downing, president of rally sponsor
MassCann (short for cannabis).
Downing donned a pig nose and shouted "oink, oink" while walking behind
undercover officers, giving warning to his followers.
At one point, a frustrated officer told Downing to "get the (expletive)
away" and then hauled him in to the festive yellow-and-white police booking
tent set up behind the stage.
Police commanders acknowledged that Downing had not actually violated the
law and turned him loose despite his vow to continue the "oink, oink" routine.
However, just as Downing had pointedly followed the undercover officers,
two uniformed officers shadowed Downing the rest of the day, making it
impossible for him to partake in any illegal smoking.
As with many aspects of the rally, it was difficult to get a straight
answer to the question of how many people were there. Police said 35,000; a
MassCann spokeswoman said 50,000; Downing said 100,000.
Last year, approximately 60,000 turned out for the rally, and 150 were
arrested.
Police Department spokeswoman Sgt. Margot Hill spent much of last week
urging rallyers to forget about smoking pot because of this year's "zero
tolerance" policy.
"It's been very peaceful," said police spokesman Kevin Jones as the event
wound down yesterday. "Everyone seems to be enjoying themselves. People
were warned about zero tolerance, and they do it (smoke) at their own peril."
There was no shortage of people who took that risk.
In pipes, joints, blunts (cigars) and a gas mask outfitted for smoking,
hundreds broke the law while keeping a wary eye out for law-enforcement
officials.
One young man had draped around his shoulders a boa constrictor, whose head
was wrapped around a cigar tube. The man said there was no pot in the tube.
No one checked.
Dressed in a red, white and blue top hat and a star-spangled blazer, Robert
Robinson of New Paltz, N.Y., handed out fliers for his Harvest Fest '98
next weekend near Lake George.
Robinson described himself as the founder and president of the New York
State Cannabis Action Network, while his friend piped up, "He's not just
the president. He's also a client."
Dan the Bagel Man, a pushcart vendor and a Boston Common fixture for many
years, turned up the heat in his campaign for Boston City Council. He
strolled through the throng, handing out fliers proclaiming, "Dan the Bagel
Man for City Council 1998" -- even though the election actually is in 1999.
Dan's literature heralded his campaign platform succinctly: "I inhaled (and
I will do it again). I have been arrested for my beliefs (and I will do it
again). I have had sex with different partners (and I will do it again)."
Copyright 1998 Boston Herald, Inc.
-------------------------------------------------------------------
Amnesty puts US in the dock over human rights record (The Daily Telegraph
in London says Amnesty International will release a 153-page report Tuesday
that for the first time will make the United States the focus of its
worldwide campaign, accusing it of double standards and creating a climate
"in which human rights violations thrive." Federal and state authorities,
police, immigration and prison officers are all criticised in the
wide-ranging report that paints a picture of generalised gratuitous violence,
sexual abuse and cruelty.)
Date: Sun, 04 Oct 1998 23:42:44 -0400
To: rlake@mapinc.org
From: Richard Lake (rlake@mapinc.org)
Subject: Newshawk Alert! RE: Amnesty puts US in the dock over human
rights record
***
Friends,
So far I have not seen this story (below) come in from any newspapers. I am
sure the tie between the US human rights record and the War on Drugs is
clear to us all.
In order for our excellent Letter to the Editor writers to take advantage
of this story, we need it from the press. If you can us find the stories,
the more the better, please send them to editor@mapinc.org
Please follow the basic newshawking tips (so we can get the articles out
quickly) at:
http://www.mapinc.org/hawk.htm
Thanks for your assistance!
Richard Lake
Senior Editor; MAPnews, MAPnews-Digest and DrugNews-Digest
email: rlake@DrugSense.org
http://www.DrugSense.org/drugnews/
***
(London) Electronic Telegraph International News
ISSUE 1227 Sunday 4 October 1998
Amnesty puts US in the dock over human rights record
By Christina Lamb in London
and James Langton in New York
(The death penalty - North America Project -- Amnesty International)
***
THE United States government is planning a furious rebuttal to a stinging
denunciation of its human rights record by Amnesty International.
For the first time, the London-based human rights agency has made the US
the target of its worldwide campaign, accusing it of double standards and
creating a climate "in which human rights violations thrive".
The 153-page report, which is released on Tuesday, attacks the US for what
it calls "a persistent and widespread pattern of human rights violations".
Although Amnesty has often criticised the US in the past, and carried out
investigations into specific issues, it is the first time it has made it
the focus of its campaign for the year. Previous subjects in recent years
have included Rwanda, Haiti, Afghanistan and Guatemala.
US federal and state authorities, police, immigration and prison officers
are all criticised in the wide-ranging report that paints a picture of
generalised gratuitous violence, sexual abuse and cruelty. Shocked at being
singled out for such ferocious criticism, the State Department is planning
to issue a detailed repudiation tomorrow. The Clinton administration in
particular has always been a supporter of Amnesty International, and there
was a clear sense of betrayal over the report.
The authors of the report said: "While successive US governments have used
international human rights standards as a yardstick by which to judge other
countries they have not consistently applied those same standards at home.
Across the USA people have been beaten, kicked, punched, choked and shot by
police officers even when they posed no threat."
Aside from famous cases such as the beating of Rodney King by Los Angeles
police, numerous instances of police brutality are cited. "Police officers
have beaten and shot unresisting suspects; they have misused batons,
chemical sprays and electro-shock weapons; they have injured or killed
people by placing them in dangerous restraint holds."
It claims that authorities pay out millions of dollars in damages rather
than actually tackle the problem or institute any form of accountability.
The report accuses the US of refusing to recognise the primacy of
international law, reserving the right to use death penalty against
juveniles, not paying its dues to the UN, to which it now owes over a
billion dollars, and being one of only two countries (along with Somalia)
that has failed to ratify the UN Convention on the Rights of the Child.
Conditions in American prisons come in for particular criticism. The number
of people in US jails has tripled since 1980 to more than 1.7 million, and
chains and leg-irons are commonly used as restraints despite being
prohibited by international law.
The report says: "Women and men are subjected to sexual as well as physical
abuse. Overcrowded and underfunded prisons control inmates by isolating
them for long periods and by using methods of restraint that are cruel,
degrading and sometimes life-threatening. Victims include pregnant women,
the mentally ill and even children."
According to the authors of the report, much of this abuse is linked to
racism. They say: "The US has not succeeded in eradicating the
discriminatory treatment of blacks, Latinos and other minority groups."
They also point out that up to one third of all young black men are in jail
or on parole or probation and that in 39 states, gays and lesbians can be
legally dismissed from their jobs because of their sexual orientation. It
contains graphic descriptions of asylum seekers held in shackles, placed
behind bars and detained in "inhuman and degrading" conditions. It says:
"The USA was built by immigrants and claims to stand against oppression.
Yet the US authorities violate the human rights of people who have been
forced by persecution to leave their countries and seek asylum."
Amnesty has been involved in a long-standing battle with the US over its
continued use of the death penalty. Executions are on the increase, more
than 350 people put to death since 1990 and a further 3,300 people are on
death row.
According to Amnesty, the death penalty is "applied in an arbitrary and
unfair manner and is prone to bias on grounds of race or economic status .
. . it has become so highly politicised that virtually no politician is
willing to speak out against it".
It cites for example the case of Karla Faye Tucker who was executed in
February despite her acknowledged reform while on death row when she
admitted her guilt, became deeply religious and spoke of her desire to help
others to learn from her experiences.