Colorado Senate defeats driving-while-high bill; key backer was absent
POSTED: 05/16/2012 01:00:00 AM MDT
UPDATED: 05/16/2012 02:42:34 AM MDTBy John Ingold
The Denver Post
A bill making it easier for prosecutors in Colorado to convict people of driving high on marijuana died in the state Senate special session Tuesday because one key supporter was absent.
After the Senate voted down the bill on an informal vote, an effort to revive it failed on a 17-17 split. The missing vote was that of Sen. Nancy Spence, a Centennial Republican who was the deciding vote on a nearly identical bill in the legislature’s regular session.
Reached by phone, Spence said she was in San Diego, where she had plans to celebrate her grandson’s birthday that were made well before the special session was called. Spence said she was prepared to fly back to Denver on short notice to vote for the bill but that she didn’t know the bill would be brought before the full Senate on Tuesday.
“I’m really sad about it,” Spence said. “I feel terrible for (bill sponsor) Steve King, who worked so hard to get that bill passed.”
The result was surprising for a bill that, again, appeared headed for passage before being tripped up late. Earlier in the day, the Senate State, Veterans and Military Affairs Committee passed the bill 4-1. That came after the bill received its final approval in the House Tuesday morning.
That meant the bill needed to pass only two votes — one Tuesday and one today — by the full Senate to head to the governor’s desk. Gov. John Hickenlooper has said he supports the bill.
The bill, HB12S-1005, would make it a crime to drive with more than a certain amount of THC — the psychoactive chemical in marijuana — in your blood. A nearly identical proposal appeared headed for passage during this year’s regular legislative session. But it became entangled last week in the end-of-session fight over civil unions and died on the calendar.
Spence said she received a text message this morning from Senate Minority Leader Bill Cadman, R-Colorado Springs, asking her how soon she could return to Colorado. Spence said she asked how soon she was needed but that she didn’t know the Senate would be taking up the bill today until she turned on her laptop to watch the Senate session remotely.
“I assumed it wouldn’t be brought up until tomorrow morning,” Spence said.
“I’m just so, so sorry and so disappointed,” she added.
Cadman said he wasn’t sure Spence’s presence would have made a difference, saying that several lawmakers were keeping quiet about their vote and might have switched against the bill had Spence been there.
“That’s how close and, I think, complicated this issue became,” Cadman, who voted for the bill, said.
Reviewing the vote shows lawmakers voted today exactly as they had during the regular session.
Senate President Brandon Shaffer, a Longmont Democrat who also supported the bill, said lawmakers didn’t play games with the bill schedule. Because every day in a special session costs the state more than $23,000, Shaffer said legislative leadership wanted to keep the session to three days. That meant the bill had to be heard today in order to pass.
“We weren’t trying to pull a fast one,” Shaffer said.
Shaffer said Spence didn’t ask for permission to miss the vote. She was listed as absent for the vote, contrary to the usual courtesy of listing lawmakers who have to miss votes as excused.
“I was very disappointed with the outcome of today’s vote,” Shaffer said.
At the earlier committee hearing, medical-marijuana activists argue that the proposed limit — 5 nanograms of THC per milliliter of blood — is too low and would result in near-certain convictions for sober drivers.
The bill’s opponents argued that medical-marijuana patients have no way of determining what 5 nanograms means. How much can they consume? How long do they have to wait afterward?
“There needs to be a way to know whether a medical patient has the 5 nanograms in their system so they can know whether they can get behind the wheel,” said Debbie Olander, a representative from the United Food and Commercial Workers union. “With alcohol you can.”
Supporters of the bill counter that the vast majority of people would be impaired at 5 nanograms and would need to wait only about two to three hours after using to fall below the limit. They argue that, even though some people could be sober at 5 nanograms, it is important to send a strong message.
“The law works best when there are clear, effective, enforceable standards,” Boulder District Attorney Stan Garnett said, testifying in support of the bill.
The regular-session version of the bill passed the full Senate by a single vote.
5 arrested for dumping garbage bag of pot in Civic Center and passing it out, police say
The Denver Post http://www.denverpost.com/breakingnews/ci_20181528/5-arrested-dumping-garbage-bag-pot-civic-center#ixzz1pmiqRrDZ
Denver Police officers arrested five people in Civic Center this afternoon, after a garbage bag full of marijuana was allegedly dumped out, re-bagged and passed out to park patrons.
Around 12:30 p.m., officers were called to the park, near where Occupy Denver typically holds demonstrations and marches, after they received reports of the marijuana, said Sonny Jackson, a spokesman for the Denver Police Department.
The bag was dumped on a blue tarp in the northeast corner of the park, police said. About 30 people were in the park when the marijuana a was being distributed.
“Why they were doing this we don’t know,” Jackson said. “This is a public park and we cannot have people openly distributing marijuana.”
It did not appear that anyone was paying for the marijuana.
Officers on bikes, motorcycles and on foot responded to the scene.
Several people in the park recorded the incident on cell phones and video cameras as officers loaded the bag into a car.
As officers cleared the park, one woman called the cops “pigs” and “terrorists.”
It is unknown if any of the people taken into custody have been arrested at the park before. Their names have not been released.
Colorado pot-legalization initiative needs more signatures
Posted: 02/03/2012 07:34:43 AM MST
Updated: 02/03/2012 02:15:16 PM MST By John Ingold
The Denver Post
A proposed initiative to legalize limited possession of marijuana in Colorado needs more signatures to qualify for the ballot.
The Colorado Secretary of State’s office announced today that the campaign collected only 83,696 valid signatures. It needs 86,105 to qualify.
The campaign will now have 15 days to collect the remaining 2,409 valid signatures. Mason Tvert, one of the initiative’s proponents, said in a statement today that the announcement was unexpected but “just a very small bump in the road.”
“We are confident we will complete this process successfully and qualify the initiative for the ballot,” Tvert said.
Last month, the campaign turned in more than 160,000 signatures in boxes of petitions. But, after reviewing a sample of those signatures, the Secretary of State’s office could not conclusively project whether there were enough valid signatures on the petitions for the initiative to qualify.
That meant the Secretary of State’s office needed to go line-by-line through the petitions, verifying each signature. Today was the deadline to complete that task.
The initiative, a proposed constitutional amendment, would legalize possession of up to one ounce of marijuana for people 21 and older. It would also allow people to grow a small number of marijuana plants in their homes.
The measure would also allow for people to open marijuana retail shops, but it would give communities the ability to ban those businesses. Lastly, it would legalize the growing of industrial hemp.
All such activities would remain illegal under federal law.
The initiative — for now known as Proposed Initiative No. 30 and dubbed by the campaign The Regulate Marijuana Like Alcohol Act of 2012 — is one of three separate proposed measures for the 2012 ballot that would legalize marijuana in Colorado.
Another, from Cannabis University of Colorado head Michelle LaMay, would prohibit judges from imposing penalties on anyone for marijuana possession of any amount. Supporters call the initiative The Relief for the Possession of Cannabis Act. The campaign behind it has announced it will begin collecting signatures this month.
Meanwhile, a third initiative was filed Thursday. That measure, which supporters call Legalize 2012, would create in Colorado’s constitution a fundamental right to use and possess any amount of marijuana for people over 18. It would allow for retail sales of marijuana “without restrictions that are onerous or burdensome.” It would require the state attorney general to file lawsuits to prevent the federal government from enforcing federal marijuana laws in Colorado. And it would create a state-funded commission that could help Colorado citizens facing federal marijuana prosecution with their defense.
That initiative has not yet had its first administrative hearing.
Read more: Colorado pot-legalization initiative needs more signatures – The Denver Post http://www.denverpost.com/breakingnews/ci_19885405#ixzz1liVKPtHX
Raids Don’t Keep Tunnel City From Humming Underground
Tony Cenicola/The New York Times
The authorities on Thursday presented the results of a raid in Tijuana: bricks of marijuana and a smuggling tunnel into California.
By DAMIEN CAVE
Published: December 1, 2011
TIJUANA, Mexico — Squatting and sweating inside the latest drug tunnel found here in this Pacific border city, it was easy to understand the amazement expressed by Mexican and American officials. This one was a stunner.
A motorized cart on metal rails ensured quick passage.
The tunnel ran for almost half a mile, with wooden planks holding off the earth on all sides. Energy-saving light bulbs illuminated the route. A motorized cart on metal rails ensured quick passage, while a steel elevator hidden beneath the floor tiles in a warehouse made the 40-foot descent to the tunnel’s entrance feel like the slow drop into an unregulated mine shaft.
And yet, here is the simple fact obscured by superlatives like “the most elaborate” and “the most sophisticated,” which officials seem to lather on each new find.
Tunnels are Tijuana. They have become an inevitable, always-under-construction or always-operating part of city life, as entrenched as cheap pharmacies and strip clubs.
Residents now shrug them off. “If you have a lot of money, you can do anything,” said Blanca Samaniego, 36, as she walked by the warehouse where Mexican officials unveiled the tunnel on Wednesday. “It will never change. It will never stop.”
The ground beneath her neighborhood in the hills — near the airport and the upgraded, shimmering border fence patrolled 24/7 by American agents — has been punched full of holes for years. Almost every kind of building has been used to hide a logistical operation that is as much about the American taste for a high as it is about the low-down removal of dirt.
Just a few weeks ago, below a more rudimentary warehouse nearby, the authorities found a different tunnel with an elaborate ventilation system. A few blocks from that, there sits an empty flophouse, where thick concrete now caps a passageway discovered by the authorities last year. Farther east, residents note a tunnel found in 2008, and just past the next major intersection, there are two more: one under a small home and the other below a bodega across from a factory.
Other tunnels have been found downtown, near the main border crossing. Wherever there is a border fence climbing high, there seems to have been an attempt to burrow below, usually to a parking lot in California where drugs can be hauled through a manhole cover, or to a business that almost looks legitimate.
In the latest case, the tunnel ran to Hernandez Produce Warehouse, a fruit and vegetable company in California whose only product seemed to be green and best when smoked.
Luis Ituarte, 69, an artist who runs a gallery here called La Casa del Túnel — where a tunnel was found about decade ago — said that Tijuana officials would be smart to move beyond publicizing their subterranean finds and then shutting them down. He argued that Tijuana should capitalize on its historic identity as a city that has been serving up vice since 1907, when President Porfirio Díaz legalized gambling, or 1920, when the United States made alcohol illegal.
“Las Vegas, Tijuana and Havana were all built by the same kind of people,” Mr. Ituarte said. “Only Vegas has taken on its bad reputation.”
Not that this is the direction things are heading. The mayor here recently rejected demands from cultural groups asking to take over La Ocho, a notorious prison that had been decommissioned.
Mexican Army officials, during a tour of this week’s elaborate tunnel, mostly focused on the triumph of the discovery.
“These are achievements that increase public security,” said Gen. Gilberto Landeros, standing at the tunnel entrance as local reporters took snapshots of one another in front of the long, dim hole. “We’re pounding at the economy of narcotrafficking.”
At the very least, he had a lot of marijuana to point to. Hefty bricks of the stuff, wrapped tightly in orange and green plastic, surrounded him when he announced the discovery of the tunnel inside the empty warehouse here in Tijuana. The total haul, from both sides and a truck driven from the site in San Diego, was 32.4 tons, with a street value of about $65 million — a new record for a tunnel-related seizure, according to American officials.
Harder to see, unmentioned, but easy to imagine: how many tons moved across before that load was found.
The evidence around the tunnel — worn-out soccer cleats, dusty oscillating fans, empty water bottles — suggested that the operation had been going for months, a supposition Mexican officials did not deny. At that rate, hundreds of tons of marijuana worth hundreds of millions of dollars would have moved through this one tunnel during its life span.
Most likely somewhere nearby, in another tunnel, the flow continues. The next announcement and news tour may be only weeks away.
APNewsBreak: ICE officer arrested in pot smuggling
By AMANDA LEE MYERS Associated Press
Posted: 10/19/2011 12:23:38 PM MDT
Updated: 10/19/2011 06:49:33 PM MDT
PHOENIX—A deportation officer with U.S. Immigration and Customs Enforcement led Arizona state police and federal agents on a high-speed desert chase in his government vehicle, throwing bundles of marijuana out of the window as he fled, the Department of Public Safety said Wednesday.
The deportation officer, identified as Jason Alistair Lowery, 34, had been under surveillance for more than month after a known smuggler who had been arrested gave authorities a tip about the officer in an effort to get lenient treatment, Department of Public Safety Officer Carrick Cook told The Associated Press.
In a criminal complaint filed late Wednesday against Lowery, who also used to be a Border Patrol agent, a Department of Homeland Security investigator wrote that he got further information about Lowery through a confidential informant on Oct. 4.
The informant, whose identity was protected, said that he or she was involved with Lowery and another man in a “rip” crew in which Lowery used his status in law enforcement to help steal marijuana from illegal immigrants, wrote Brian Gamberg-Bonilla, a special agent with the DPS’s Office of Investigations.
The informant agreed to call Lowery and arrange for him to pick up 500 pounds of pot in the desert on Tuesday, which is how authorities were able to follow him and begin to make their case, Gamberg-Bonilla wrote in the document.
DPS and federal agents tried to pull Lowery over after he picked up the marijuana with his unmarked ICE pickup truck, Cook said. Lowery then fled, leading agents on a 45-minute chase at speeds of up to 110 mph as he threw 10 of the 14 bundles of pot that he had in the truck out of the window, he said.
“He got pretty desperate,” Cook said.
The chase began in the Vekol Valley about 45 miles south of Phoenix and ended just south of Sacaton, about 20 miles as the crow flies northwest from where the chase began. It ended when Lowery’s truck rolled over and he gave himself up.
Lowery, who lives in the Phoenix suburb of Chandler, appeared in federal court in downtown Phoenix on Wednesday but did not address the court. He sat quietly awaiting the hearing and at one point looked up at the ceiling and repeatedly shook his head.
Prosecutor John Lopez argued that Lowery should be detained as his court case proceeds, saying that he poses a risk to the community and could flee the state. He also said that Lowery had a non-government-issued gun on him when he was arrested.
Federal Magistrate Michelle Burns set a hearing in the matter for Tuesday.
Lowery’s court-appointed attorney, Rebecca Felmly, declined to comment. Lowery’s wife, who identified herself as Trina Lowery, also declined to speak to The Associated Press.
Mexican drug cartels have infiltrated federal law enforcement agencies along the border for years, targeting hiring initiatives with their own people or recruiting officers.
Between 2003 and early 2010, 129 U.S. customs officers and Border Patrol agents were arrested on corruption charges, according to Tom Frost, the Department of Homeland Security’s assistant inspector general for investigations. The office was not immediately able to provide an updated figured to the AP.
“This is becoming all too common, in my opinion,” said Jim Dorcy, a retired Border Patrol agent who later investigated corruption among agents for the Justice Department. “Statistically it’s pretty rare, but you have to understand that as a law enforcement agency, it should be approaching zero.”
He said any amount of corruption in a police agency, let alone dozens of cases, destroys the public’s confidence and criminals’ respect. The heart of the problem lies in recent hiring booms in ICE and the Border Patrol in which the bar was lowered to meet hiring quotas, Dorcy said.
As for the corruption cases he investigated, Dorcy said it usually came down greed.
“They just want to make more money than the job offers, and they get offered a very tempting amount of money,” he said.
In one notable case, former Customs officer Margarita Crispin was arrested in El Paso, Texas, in 2007 and sentenced to 20 years in prison after pleading guilty to conspiracy to import more than 1,000 kilograms (2,204 pounds) of marijuana. Prosecutors alleged that she accepted more than $5 million in bribes over several years in exchange for letting smugglers’ vehicles pass through her checkpoint without inspection.
In a more recent case, former Border Patrol agent Michael Angelo Atondo was found guilty of trafficking marijuana in southwestern Arizona after fellow Border Patrol agents found him in a remote area along the border near San Luis—several miles outside of his patrol zone—with 745 pounds of marijuana in his vehicle.
Prosecutors say Atondo appeared to be a mole who infiltrated the agency to smuggle drugs. The 34-year-old will be sentenced Jan. 9.
In Lowery’s case, DPS believes that he was taking the 500 pounds of marijuana that he picked up in the desert to a man working for a drug cartel whose house served as the nexus of the drug distribution.
Lowery was booked into Pinal County jail on charges of smuggling and felony flight and was turned over to ICE custody Wednesday morning. The sheriff’s office also booked the man who was to receive the marijuana, identified as 33-year-old Joshua Duane Powell of Arizona City.
At Powell’s home, police found 14 rifles and guns in the trunk of his car, seven of which had been reported stolen, according to a DPS document.
The document also said that Powell had been out on a $25,000 bond stemming from a separate investigation last month in which multiple bulletproof vests, weapons, stolen night-vision equipment, hundreds of rounds of ammunition and various drugs were found in his home.
“Since his release only a few weeks ago, (Powell) has amassed a small arsenal of weapons and has proven to continue involvement in the illicit drug trade,” the document said.
Powell does not yet have an attorney and he has declined interview requests from the news media.
ICE spokesman Vinnie Picard said that Lowery worked as a deportation officer for the agency since August 2008 but declined to provide further information about Lowery.
“ICE is cooperating with federal and state authorities in this matter,” Picard said in a statement. “We hold our officers and agents to the highest levels of responsibility and are committed to supporting the agencies investigating this incident.”
Lowery worked as a deportation agent in ICE’s fugitive operations team, which goes after illegal immigrants who fail to leave the country after they’re ordered to be deported. Such officers carry weapons and have arrest powers.
Border Patrol spokesman Mario Escalante said Lowery also worked for that agency before going to ICE, but did not know for how long.