Tag: police officers

Prosecutors Should Not Be Allowed to Fabricate Evidence

In 1977, county attorney David Richter and assistant county attorney Joseph Hrvol worked side by side with police to investigate and “solve” the notorious murder of a former police officer in Pottawattamie County, Iowa. The prosecutors fabricated evidence and used it to charge and convict Curtis McGhee and Terry Harrington, sending them to prison for 25 years.

After the convictions were overturned for prosecutorial misconduct, McGhee and Harrington sued the county and prosecutors. The defendants in that civil suit invoked the absolute immunity generally afforded prosecutors to try to escape liability. After the Eighth Circuit ruled against them, the Supreme Court agreed to review the case.

On Friday, Cato joined the National Association of Criminal Defense Lawyers and the ACLU on a brief supporting the men unjustly imprisoned. We argue that prosecutors should be responsible for their role in manufacturing a false “case,” just as police officers would be under the same circumstances. As the Court has held, prosecutors enjoy absolute immunity only during the prosecutorial phase of a case, not its investigatory phase. Were prosecutors to receive absolute immunity here, citizens would have no protection from or recourse against prosecutors who frame the innocent by fabricating evidence and then using that evidence to convict them.

To read Cato’s brief in the case of Pottawattamie County v. McGhee, see here.

More Anti-Drug Aid to Mexico?

The Washington Post reports that despite reports of widespread violence and human rights abuses since Mexico increased its fight against the drug trade, the U.S. government is considering pumping more money to their failing efforts:

The Obama administration has concluded that Mexico is working hard to protect human rights while its army and police battle the drug cartels, paving the way for the release of millions of dollars in additional federal aid.

The Merida Initiative, a three-year, $1.4 billion assistance program passed by Congress to help Mexico fight drug trafficking, requires the State Department to state that the country is taking steps to protect human rights and to punish police officers and soldiers who violate civil guarantees. Congress may withhold 15 percent of the annual funds – about $100 million so far – until the Obama administration offers its seal of approval for Mexico’s reform efforts.

…In recent weeks, after detailed allegations in the media of human rights abuses, the Mexican military said that it has received 1,508 complaints of human rights abuses in 2008 and 2009. It did not say how the cases were resolved, but said that the most serious cases involved forced disappearances, murder, rape, robbery, illegal searches and arbitrary arrests. Human rights groups contend that only a few cases have been successfully prosecuted.

Sending additional anti-drug aid to Mexico is a case of pouring more money into a hopelessly flawed strategy. President Felipe Calderon’s decision to make the military the lead agency in the drug war–a decision the United States backed enthusiastically–has backfired. Not only has that strategy led to a dramatic increase in violence, but contrary to the State Department report, the Mexican military has committed serious human rights abuses. Even worse, the military is now playing a much larger role in the country’s affairs. Until now, Mexico was one of the few nations in Latin America that did not have to worry about the military posing a threat to civilian rule. That can no longer be an automatic assumption.

Washington needs to stop pressuring its neighbor to do the impossible. As long as the United States and other countries foolishly continue the prohibition model with regard to marijuana, cocaine, and other currently illegal drugs, a vast black market premium will exist, and the Mexican drug cartels will grow in power. At a minimum, the United States should encourage Calderon to abandon his disastrous confrontational strategy toward the cartels. Better yet, the United States should take the lead in de-funding the cartels by legalizing drugs and eliminating the multi-billion-dollar black market premium.

No Wrongdoing in the Calvo Raid?

Last year the Prince George’s County Sheriff’s Department SWAT Team raided the home of Berwyn Heights, Maryland Mayor Cheye Calvo. Police officers on the case knew that dealers were sending packages to random addresses so that accomplices in delivery companies could pick them up. The officers didn’t take the drugs out of circulation at the warehouse when they intercepted them. They simply sent them to the bogus address and raided it. The investigating officers did this without checking with local law enforcement officials, who probably would have told them that the mayor wasn’t a drug dealer and that they were barking up the wrong tree. The SWAT team shot and killed Mayor Calvo’s two dogs and caused significant property damage to his home before they got around to figuring out his (nonexistent) role in narcotics trafficking.

The Sheriff’s Office just cleared its deputies of any wrongdoing.

Radley Balko has a post up at Reason. His Cato study, Overkill: The Rise of Paramilitary Police Raids in America, shows that this is not an isolated incident. Check out the raidmap for more detail.

Mayor Calvo spoke at a Cato event in the wake of the raid, “Should No-Knock Police Raids be Rare-or Routine?” He tells his story below: