MICHAEL JACKSON CASE: MANY DOCTORS LEGALIZED DOPE DEALERS

Ritalin, a controlled substance, often crushed & snorted

Powder cocaine

I'm trying to understand the difference between a coke dealer and a doctor who prescribes controlled substances to a patient who doesn't need the drug.  I don't think there is a difference. Many doctors have become legalized drug pushers.  They over-medicate and over-prescribe controlled substances to patients, especially high profile patients, because they want to be part of the Hollywood inner-circle. A starlet who gets pulled over by the cops and searched will not be charged with possession of a controlled substance if she has a bottle of valium in her Judith Leiber purse; but rest assured, she'll be hauled off to jail if she has even the smallest amount of coke tucked away in her lipstick container.  Does this make any sense whatsoever?

When are the states and Feds going to prosecute a doctor for manslaughter for his over-prescription of a patient who dies as a direct result of prescription drug abuse? We arrest the dealers of pot, coke, crack and heroine.  The writing of a prescription for a patient who does not need the drug or who is taking the drug in excess must be a crime. I have represented countless drug dealers as a criminal defense attorney. I have yet to represent a doctor for the same crime.

Gerald Posner reported that MJ's dermatologist, Dr. Arnold Klein, was kicked out of Penn Med School for selling unauthorized prescription meds to students back in the 70's.  Article here. Oh wait, he was asked to leave the school...they didn't want to kick him out because then he wouldn't have been able to continue a career in medicine.  So, Dr. Klein finished his study of medicine at UCLA. Geez, this guy was a dope dealer from Day 1!

Just because Pablo Escobar had access to cocaine, that did not make his sale of it legal.  Just because doctors have access to write prescription drugs, the script does not make the drug legal.  Without the script, the drug is illegal; hence, the reason it's called a controlled substance, just like cocaine.

The difference between a street-drug dealer and a doctor is that the dealer owes the buyer no duty whatsoever.  The doctor, on the other hand, owes his patient a duty 1) not to medicate if the medication is not needed, and 2) not to over-medicate the addicted patient.

The state and the Feds must use the Michael Jackson case to set a precedent and send a signal to all doctors who abuse their license: if you over-prescribe and the patient dies, you go to jail.

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OBAMA CORRECT TO URGE CONGRESS TO FIX CRACK VS. COCAINE FEDERAL SENTENCING DISPARITY

Yesterday, the Obama administration gave its support for lesser mandatory sentences possessors of small amounts of crack-cocaine.

The 1986 and 1988 Anti-Drug Abuse Acts created a mandatory federal sentence for those in possession of a small amount of crack-cocaine. (We are not talking about major drug-dealers here; we are talking about users.) Those caught in possession of just 5 grams of crack-cocaine were required to be sentenced to a statutory minimum of 5 years in federal prison; however, a person would have to be caught with 500 grams of powder-cocaine to trigger the same mandatory 5-year sentence. The 5 grams/crack vs. 500 grams/powder = a 100-1 disparity. (21 U.S.C. 844.)

The federal sentencing laws were created in an effort to reduce the rampant spread of crack-cocaine in the 1980's. But the effect did not slow down the use of the drug; instead, it created a disparity between blacks and whites because blacks are more likely to use crack-cocaine while whites are more likely to use powder-cocaine.

According to the Sentencing Project, in 1980, approximately 40,000 people were incarcerated for drug offenses; however, approximately 500,000 people are incarcerated for drug offenses today – that is a 1100% increase!

As a criminal defense attorney, I am in the courts daily. The majority of my clients facing drug charges are black. In fact, I do not think I've ever represented a white person caught with cocaine. (That said, I often expunge and seal records of whites caught with small amounts of cocaine.)

SENTENCING IS THE SECONDARY PROBLEM - WE MUST FOCUS ON ENFORCEMENT

The problem is not just the sentencing laws; sentencing is the final step in prosecution. If we are going to apply the same sentencing laws for crack and powder cocaine, then we also must apply similar drug enforcement strategies.  Drug use is more prevalent in college fraternities and in the fanciest clubs and restaurants than it is in predominantly black areas - the difference is enforcement. The police patrol the streets of black and poor areas far more than they patrol the streets where whites reside and socialize. Have you ever seen a police surveillance camera on the corner of Rush St. in Chicago or outside of the casino at the Bellagio?  Users who are patrons inside of a fancy establishment are protected!

CAUTION - THIS LAW DOES NOT CHANGE THE STATE LAWS

I do not think that the federal sentencing guidline amendment for crack cocaine will change the number of blacks in our state prisons and jails. This crack v. powder law is specific to federal sentencing.  I have never personally represented a person arrested and charged with federal possession of such a small amount of crack-cocaine.  Usually, most users are arrested by the local police, not the Feds.  So, as much as I support the amendment of the federal sentencing disparity laws, let's not get lost in the issue because most low-level offenders are charged with state possession, not federal possession!

Until we recognize that general drug abuse is not color blind, regardless of the type of drug, sentencing issues are a secondary issue. Drug enforcement must not have barriers based on demographics and we must focus on rehabilitating addicts, not incarcerating them.  Whether a person gets probation, serves 5 months or 5 years in prison, punishment does not cure addiction.

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Setencing Project's Testimony before House on April 29, 2009

AMERICA'S PROBLEM WITH UNDOCUMENTED MEXICANS IN OUR CRIMINAL SYSTEM

As you know, I am a criminal defense attorney in our largest criminal system in the country: Cook County, IL. Chicago is also home to many undocumented Mexicans. Because of my great exposure to crime and the Mexican population, I have seen my fair share of problems our country faces as America begins tackle a problem we have ignored for years.

Legal Representation in Proceedings

According to the Human Rights Watch, between 1997-2005, nearly 673,000 immigrants were deported for criminal convictions. Of those deported, well over 50% of them were not represented in immigration court. I do not have the numbers, but I suspect the around the same numbers represent those who do not have private criminal defense attorneys for their underlying criminal case. The criminal courts are flooded with Spanish-speaking, undocumented residents who are accused of committing a crime. Every day, I see this situation. Furthermore, I do not recall ever seeing an undocumented nationality other than Mexican. On one hand, the undocumented person is a burden on our judicial system because he/she cannot afford private counsel and so he is entitled to the public defender. On the other hand, our Constitution allows for due process and any person on our soil is entitled to a proper defense. All too often, I witness an undocumented Mexican get pushed through the criminal system and forced to plead guilty to a crime he may very well not have committed. On one hand, the question is: should this person be afforded all the rights of an American citizen if he is undocumented? But on the other hand, the question is: shouldn't this person be entitled to proper legal representation in both a criminal and deportation proceeding; i.e., isn't that proper due process?

Many Deported Have Prior Criminal Records

Also according to Human Rights Watch, between 1997-2005, nearly 500,000 undocumented Mexicans were deported for non-violent offenses (majority drug-related.) A recent article stated that between October 2007-November 2008, over 10,000 were deported from just three states: Alaska, Oregon & Washington. Of those 10,000, 33% had criminal backgrounds.

It's no surprise that many of those deported have criminal backgrounds. That essentially means these numbers reflect immigrants who have been deported at least once before. I have represented several Mexican drug dealers who pleaded guilty knowing they were going to be deported. They all say the same thing: "I'll be back." One client called me less than one week after pleading guilty to a drug offense to tell me he had been deported and had already made it back into the U.S. to Chicago. Shocking, right?

This is in poor taste but quite humorous. My apologies!Problems at Home Too

I find it interesting that the Mexico/U.S. drug problem is now, all of a sudden, a big issue. This is nothing new. Why have we not done anything sooner? Did you know Texas is #1 point of entry for cocaine? President Bush knew this when he was Governor of Texas!

But what about the killings at home? There has been recent talk about the majority of the guns seized in Mexico are from the U.S. I agree that we need to stop the exportation of guns into Mexico, but what about stopping the guns from flowing in our own streets? Why do Americans not understand that we are surrounded by war zones in our major cities? Did you know 29 Chicago Public School children have been killed this year alone? Do you remember that when Jennifer Hudson's family members were shot and killed inside the home NOBODY called the police because neighbors were so used to hearing gun fire? (It was not until a family member walked into the home and discovered the bodies that the police were called.)

Clearly, the Mexico drug problem is one of major importance. But let's not forget the innocent people who are killed on our home turf every day because of the drug trade and flow of weapons on our streets.

More to come on other issues surrounding the Mexico drug crisis...

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