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Reprinted from Volume 1, Issue 4, FLASHPOINT
James Burton is an American citizen; but James Burton is presently forced to reside near Rotterdam in the Netherlands.
James Burton would like to return to the United States. He would like to come home. ......but he cannot return, and hold any hope of retaining his eyesight. His return to the United States would likely result in blindness within a two year period.
James Burton has a rare form of hereditary, low tension glaucoma. Some members of his family are already sightless.
Home grown marijuana, one pound per month provides the required 10-15 cigarettes Burton needs daily to obtain relief from pain, and ability to retain his eyesight.
On July 7, 1987, in a raid by Kentucky State Police, 138 marijuana plants and two pounds of raw marijuana were found on the Burton farm. The government contended Burton grew marijuana for sale; yet, the court found Burton guilty of simple possession. He had no previous criminal record.
Despite these facts he was sentenced to one year in a Federal maximum security prison without chance of parole.
The government also confiscated his 90 acre farm, valued at over $70,000.
Eighteen years of work and thrift disappeared into government coffers!
Robert Brewer, of Irwin, Idaho, was 61 years old and dying of prostrate cancer on October 10, 1990 when a dozen deputies and tax agents, guns drawn, forced their way into the Brewer home. Agents discovered eight Marijuana plants and a half pound of marijuana.
The product was grown and used by Brewer to control the pain caused by the cancer eating away at Brewer's very life
Agents seized the couple's van that was used to transport Brewer 279 miles to a Salt Lake City Hospital for treatment.
Our government, and its agents , is well aware that marijuana can relieve the pressure caused by glaucoma. The United States Government has known for many years that marijuana has the ability to alleviate the suffering of cancer. Yet, our government, while allowing prescriptions to some of the most volatile and addictive narcotic know to man, refuse to acknowledge responsible research into the medicinal properties of this illicit drug. The United States Government continues to turn its back on atrocities such the Brewer and Burton cases.
The Constitution of the United States, and our precious Bill of Rights, once safeguarded the rights of individuals. Government was not allowed to take property without just compensation. Cruel and unusual punishment was forbidden, and unreasonable search and seizure was not permitted.
In a panicked frenzy to root drugs from our school yards, playgrounds, and lives of future generations of Americans, we have allowed America's hard won rights to be forgotten. With the blessings and encouragement of the very individuals elected to protect citizen's liberties, agencies run roughshod over the American tradition of innocence until proven guilty in a court of law.
The Forfeiture Law, was originally intended to check drug sales by causing hardships to dealers. The concept was fascinating; dealers paying for their own investigation through confiscation of the property used to manufacture and transport the drugs to the consumer. Yet, over the ensuing months and years, the power has gone very wrong.
Agencies use of the law is out of control.!!!
Billions of dollars have been reaped , not only from big time multimillion dollar drug dealers, but in large part from individuals with only marginal connections to drugs. In many cases, from citizens who have never been charged with a crime, and quite frequently where citizens have been charged and cleared
Old drug cases are often reviewed, for the set purpose of government confiscation of valuable property. In 1987, Thomas Lopes, a mentally disturbed young man, grew marijuana in a small plot of this family's home. His parents knew of their son's 'garden', but when they asked him to stop he informed them, 'Don't touch it or I'll do something to myself.'
Frustrated and frightened, uncertain of what if any action to take, and consequences for their action, the Lopes' were stymied. In 1987 Thomas, a first offender, was arrested and given probation. Four years later Federal Agents seized the Lopes home.
The agents excuse----"They (his parents) knew he was breaking the law."
The home represented 49 years of the elder Lopes' labor in a sugar plantation field, and 30 years spent scrimping and saving in crowed plantation camp housing. Their hard won security of ownership in their old age was stolen!!
Americans have been brought up to believe that they need not fear laws and actions of government officials if they have done no wrong. Certainly, the citizens reasons, our government agencies would not infringe upon the rights of honest citizens! Yet, greed has reared it's head, and some law enforcement agencies , hungry for cash i the wake of declining tax dollars are on a power trip and seizure spree.
The Jones' family of Nashville have owned and operated a nursery business many years. On February 27, 1991, Willie Jones made a cash purchase of an American Airline ticket to Houston. He carried $9600 profits from the previous years business to purchase flowers and shrubs.
The ticket agent alert ed officers that a large black man had paid for his ticket in bills. An unusual practice, but certainly not illegal. Because of his cash purchase, and because he fit the 'profile' of what a drug dealer is supposed to look like, they believed he was buying and selling drugs.
Jones was not charged, but the officers kept his money. He received a receipt in exchange. Jones has never been charged, yet, his money has never been returned.
What is a drug dealer 'profile?
A 'profile' frequently depends upon the agent or officer in charge or the district where apprehension is made. In many cases a 'profile' begins with a minority.
A Pittsburgh Press investigation indicated that of 121 drug courier stops, where money was seized, and no drugs were discovered, 77 percent were Asian, Black, or Hispanic.
Traits used as guideline by DEA drug task force may depend upon where you live. Agents in Illinois are told it's suspicious if their subjects are among the first people off the plane. They are in a hurry.
Michigan agents are informed the last person off the plane is suspicious because the suspect is trying to appear nonchalant.
In Ohio, agents are told suspicion should surface when suspects deplane in the middle of a group because they are probably attempting to lose themselves in a crowd.
A person may become suspect, if they appear nervous, looks around, paces, sneaks a peek at their watch, makes a phone call, carries too much, or not enough baggage, doesn't look as if they 'belong', appear nonprofessional while flying first class, have a cellular phone or pager, etc. etc.
People standing watching people on a train platform in Albuquerque have been deemed suspicious. In Buffalo of 600 people stopped in one year, only 10 were charged. In Denver approximately 200 stops with 49 arrests. In Pittsburgh 527 individuals were searched and 49 arrested.
Agents have been known to change their minds. A Tennessee agent stated in court he became leery of a man because he walked quickly through the airport. An affidavit provided by the same agent six weeks later stated 'his suspicions' were aroused because the suspect walked with intentional slowness after getting off the bus.
In Maryland, a State Trooper became wary because the individual 'deliberately did not look at me' when he drove by his position. Yet, a second Maryland Trooper stropped a man because 'the driver stared at him as he passed'.
Ethel Hylton, 49, of New York City lost $39,110 to government agents in 1989. She was stopped in the baggage area of the Houston airport, and informed she was under arrest because a drug dog had scratched at her luggage. When she asked to see the dog, the officers refused. Her bags and person were searched. Drugs were not found, yet they did find cash. The money was a settlement from an insurance claim, and her life's savings of 20 years. She had planned to purchase a home in Houston. Hylton had no previous record!
In April of 1989, agents in Louisiana, seized $23,000 from Johnny Satello, after deputies offered to assist when his truck overheated on a highway. Satello was a licensed buyer scouting heavy equipment auctions. He was not arrested, but his truck and cash were confiscated.. When legal fees grew excessive, a settlement with the Sheriff's department provided the return of his truck and only $11,500 of his cash.
On Memorial Day of 1990, Tracy Thomas was visiting his grandson. Thomas had in his possession $13,000 left over from a Sheriff's sale he attended a few days previous. The sale had required cash. Thomas had withdrawn the money from his credit union , and withdrawal slips were available. Police entered his grandson's home, looking for drugs, supposedly sold by his grandson. They found none, yet they confiscated Thomas' cash. In June of that year a judge ordered the money returned. Just before the court order was issued the police turned over the cash to the DEA for processing as a federal case. The DEA refused the judges order. Thomas legal costs mount while he sues the Chester Police, the arresting officer, and the DEA.
The Thomas case is similar to a Fairbanks (Alaska) case where agents seized %59,000 from a Perry Johnson. Money was turned over to the DEA. Charges were soon dropped. Alaska Supreme Court ruled the city had overstepped it's authority, and required the city to reimburse Johnson. The city cut the check for it's return, but the DEA again confiscated that check and refused it's return.
The Thomas and Johnson cases appear to strongly manifest the theory, that the Federal DEA is 'law unto itself' , beholden to no court or state government. An agency so infiltrated with lust for uncompromising power and total punishment, it has and continues to run rampant not only over the people they supposedly serve, but also over state and local courts empowered to protest the laws, rights, and citizens of the state and nation.
A citizen caught up in the forfeiture laws may bring court action in attempt to secure the return of cash or property, but in most instances the government rules. The law requires the individual to prove innocent, not for the government to prove guilt.
Under the present standard the government need only show probable cause to seize property or cash, a standard no greater than cause needed to secure a search warrant. In so many words agencies can take a home, business, savings, or any other property, as easily as they can enter a living room to look around.
Citizens who choose to fight the government soon discover they are in a David and Goliath encounter, but they, unlike David are not even allowed a slingshot. The legal encounter is sometime more costly then the worth of the property taken.
Frequently, after a government seizure, assets are not available that would allow the individual the resource to mount a battle.
For a umber of years the National jjPark Service attempted to acquire a $5 million ranch owned by Donald Scott of California. They wanted an addition to the Santa Monica Mountains National Recreation Area. Scott refused to sell.
Record indicated that his wife was arrested with a small amount of Marijuana a year before here marriage to Scott. This record was used to justify a raid on the property. Two agents reported that seizure was discussed at a briefing prior to the raid.Property appraisals were shared between Sheriff's deputies, and federal agents before the raid was planned. No reason was given as to why officers investigating suspected narcotics violations had interest in the value of the ranch.
David Scott was shot to death by a Sheriff's Deputy during the raid......
NO DRUGS WERE EVER FOUND!!
Fred Pratt, free lance writer, related this story in a column presented and printed by the News-Miner, of Fairbanks, Alaska on September 10, 1993. Mr. Pratt observed;
Nowhere is the park service a larger or more covetous landlord than in Alaska...people who own isolated cabins, camps in and near federal land would be vulnerable.
Elizabeth and Brian Davis, of Allentown, Pennsylvania, although not losing property to forfeiture, were shocked into awareness of our government in action before sunrise one morning. Elizabeth Brian, two year old Patrick, and three month of Ian were rudely awakened by shouting narcotics agents pounding at their door.
They were being raided!!
Elizabeth was searched by a female officer in front of an open door and then she and her children ordered out of their home. They were required to remain in a police van, while agents tore through personal property in a futile search.
One hour later, she was allowed to return to her home, where she and her husband were finally shown a warrant.
Agents found nothing.
It was a mistake.
A next door neighbor had reported a smell of cat urine. She stated she heard strange noises, the family put there garbage out at late hours, and also informed the agency that Brian did not work, but spent many days away from home.
Brian is a free lance opera singer, and as such frequently travels.
The agents deemed this neighbors unsubstantiated report probable cause to tyrannize an American family in the early dawn.
They fit the 'profile'.
Written apology was received from the Attorney General, but nothing more than a ludicrous "Sorry for the inconvenience.", from the agents as they left the home and a terrified family in their wake
The Pittsburgh Press reporters Andrew Schneigder and Mary Pat Flaherty, conducted a ten month investigation into conduct of government agents, and the forfeiture law. Twenty-five thousand seizures made by the DEA were reviewed. Sixteen hundred prosecutors, defense lawyers, cops, federal agents, and victims were interviewed. Five hundred and ten cases were examined. Four hundred cases were documented of innocent people falling victim to the lustful government agency intent on dominating and overpowering the common citizen, and taking without just compensation, property owned by those citizens.
The law put in place to obstruct the profit of the drug lords has not stemmed the flow of drugs.
Eighty percent of citizens who lose their property are innocent according to law.
Four out of every five are never charged with a crime, and their property is never returned.
They are victims of a law gone mad!!
Update, obituaries- Daily News Miner, March 21, 1997
Jim Collette always liked jokes, but not of the Letterman/Leno variety. Jim's jokes would fly by the weak-minded, but often leave his more astute friends immobilized, their gear trains jammed from broken teeth.
How to deliver a joke was one of the skills Jim refined during the year spent, studying at a small monastery in southern India. He said of sleeping with rats; "I eventually learned it was better to let them softly nibble on my feet. Moving quickly would startle them.
Las year he had on his answering machine the frustratingly simple message, "Hello."
Although Jim circumnavigated the Earth only once, his interests and broad skills made him a world citizen. He inhabited it with thoughtfulness and scholarship. He could discuss the Elurodollar in Parisian French, or the raising of a filed of corn in rural Spanish
In Jim's 51 years, with 45 of them gracefully spent in Alaska, his peace was invaded three times. As a young man during the Vietnam War he was ready, with camping gear packed, to take to the hills in a late cold fall to avoid being drafted. He deeply felt the irony as he prepared to avoid his own army, rather than the foreign one he had been taught to fear across the Bering Straits. He was officially reprieved at the last moment.
Jim seldom judged others harshly, but chose for himself not to work on the pipeline, or for any oil companies. He saw them come into Alaska with an offensive swagger and watched with concern as they skewed the economy, ignored the needs of communities, and openly purchased much of Alaska's leadership.
Instead, he offered work of basic value to his neighbors. he provided decent, warm places to live at low cost. His trucks would deliver a generous load of rock for a driveway.
During heavy snowfalls he would work his snowplows 36 hours straight so people could get to work and school, and open businesses.
The third invasion to Jim's peace was the harshest. After an accusation, by an alcoholic acquaintance he had saved from a suicide attempt a decade before, the federal government took his home, every piece of real estate, his tools right down to broken shovels, and short pieces of chain, and all of his hardworking, hard won equipment. They left him penniless and under indictment for serious drug charges.
In a predetermined document store, he felt powerless as he saw 30 years of work disappear. Then they offered a few months jail time if he would plead guilty to a minor felony. Jim found himself unable to compromise with what he clearly felt was an unprincipled system applying bizarre and alien law.
Extraordinarily well prepared for life in a saner, broader world, he left to join it.
There will be a memorial gathering to remember Jim Colette on Saturday, March 22, 1997 at.......
Jim Collette was accused of being a member of his brother's marijuana greenhouse operation. After arrest he fled to Costa Rica, but was incarcerated and returned to the United States many months later. His assets confiscated, he had no financial ability to fight, and entered a plea agreement not to pursue the return of his property to have remaining charges dropped, and be released with time already served. Until the day Jim Collette died, he denied any involvement with the greenhouse operation. Because there was no trial, the public will never know the truth. Jim Collette died as result of a automobile accident in March of 1997.
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