SACRAMENTO — The following statement was issued by the four U.S. Attorneys who serve California: Nicola T. Hanna (Central District of California), David L. Anderson (Northern District of California), Robert S. Brewer (Southern District of California) and McGregor W. Scott (Eastern District of California)
To fight this epidemic, law enforcement must have all the necessary tools at their disposal. One such tool is the Drug Enforcement Administration’s (DEA) 2018 order making all fentanyl-related drugs illegal in the United States.
Unfortunately, that order was temporary and will expire in less than two weeks. The Senate recently passed bipartisan legislation approving a 15-month extension of the temporary order. While this is a step in the right direction, and the House should pass the Senate’s bill, a longer term solution is needed. We need a permanent ban on all fentanyl-like drugs.
Illicit fentanyl is manufactured in labs in China and Mexico and smuggled into the United States. It is 50 times more powerful than heroin and 100 times more powerful than morphine. So powerful, in fact, that only a couple milligrams – the size of a few grains of salt – can kill the average person.
Fentanyl, however, is unique. Because it is made in labs using chemicals, its structure is easily manipulated. And the drug cartels that manufacture and traffic this synthetic poison into our neighborhoods understand American laws and know how to exploit them.
They know that by changing a single molecule in the chemical structure of fentanyl, they have essentially created a new drug. One that, unlike fentanyl, is not illegal in the United States. These drugs, known as “fentanyl analogues,” do as fentanyl does: create more addicts and kill more Americans. The analogues – which can be up to 100 times more potent than fentanyl and 10,000 times more potent than morphine – will become legal if Congress fails to act.
The DEA’s 2018 decision to temporarily schedule – that is, to make illegal – all fentanyl-related substances was a response to the extraordinary legal loophole exploited by drug traffickers. In April 2019, China also outlawed all fentanyl-related substances. This is extraordinary progress, with one caveat. Unlike China’s law, the United States’ has an expiration date.
On Feb. 6, 2020, the DEA’s temporary order expires, and all drugs seized by U.S. investigators over the past two years that have tested positive as fentanyl analogues will no longer be illegal. If Congress fails to pass the legislation it will have a dramatic impact not just on the prosecutors and law enforcement officers who spend their lives investigating and prosecuting drug dealers, but on communities already hard hit by the opioid epidemic, many of which are right here in California.
Despite the tireless efforts of law enforcement, California continues to be a main thoroughfare for fentanyl and fentanyl-like drugs arriving from China and Mexico. In 2019, federal law enforcement agents seized approximately three-quarters of a ton of fentanyl at the six ports of entry we share with Mexico and in all places in between.
That’s 20 percent more than in 2018. And our federal resources are not infinite; we need all the help we can get. Passing this legislation would provide invaluable support to us as prosecutors and the entire law enforcement community as we continue to combat the opioid crisis in California and throughout America.
A number of organizations have voiced opposition to the proposed legislation, arguing that the bill does not “embrace public health approaches to the overdose crisis.” We agree that a comprehensive approach to the crisis is needed, and a permanent fentanyl analogue ban should be viewed as part of a holistic effort.
But time is running out. There is no doubt that drug traffickers are eagerly awaiting the temporary order’s expiration to start flooding our communities with these dangerous drugs. The passage of this legislation is quite literally a matter of life and death.
Petition Circulating to Ask Judge to Keep Ed Buck in Jail
LOS ANGELES — On the eve of the one year incarceration of Democratic donor and activist Ed Buck in the deaths of two Black gay men, Justice 4 Gemmel and All of Ed Buck’s Victims has begun gathering signatures for a petition calling upon Magistrate Judge Rozella A. Oliver to deny bail to Buck.
The petition comes after Ed Buck, 65, petitioned the court arguing that he is at higher risk for contracting COVID-19 while in jail due to his age and because he says he suffers from gum disease and needs specialized cardiac care.
“Nah. He says he has gum disease and a heart issue. So then while in jail, he needs to watch what he eats, brush his teeth at least twice a day with fluoride toothpaste, floss and use some mouthwash,” said Jasmyne Cannick who advocated for Buck’s arrest. “He might also consider not engaging in any type of physical activity that would excite him. The bottom line is that he’s a danger to Black men at any age–COVID or no COVID. He was in his 60s when Gemmel and Timothy died so he should not be allowed to use his age now to get out of jail.”
Buck is awaiting trial on charges of supplying illegal drugs to two men who overdosed and died inside of his West Hollywood apartment within a year and a half of each other.
Ed Buck’s attorneys have said that he would sign a $400,000 appearance bond, surrender his passport, and would agree to electronic monitoring if released.
Buck is charged with nine federal counts–including one count alleging that he knowingly enticed 26-year-old Gemmel Moore to travel to the Los Angeles area to engage in sex work and provided him methamphetamine who overdosed on the drug and died on July 27, 2017. Buck also is charged with another count of enticing another man to travel with the intent of engaging in prostitution. On January 7, 2019, Timothy Dean died of a methamphetamine overdose in Ed Buck’s apartment.
After his arrest last year on Sep. 17, a federal grand jury returned a five-count indictment charging that Buck “engaged in a pattern of soliciting men to consume drugs that Buck provided and perform sexual acts at Buck’s apartment,” which is a practice described as “party and play.” Buck allegedly solicited victims on social media platforms, including a gay dating website, and used a recruiter to scout and proposition men.
Buck also faces charges, including operating a drug house, that were filed last year by the Los Angeles County District Attorney’s Office.
Cannick continued, “Even if the courts mandated that Buck cannot use a computer, fly people into town, or use social media dating sites, there is nothing in his history to indicate that Buck would change his previous behavior that led to the deaths of two men and the near-death of countless others. Nothing.”
Ms. Cannick also shared that many of Buck’s victims have contacted her and are concerned about their safety should Ed Buck be released.
“I’m disturbed and devastated,” added Joann Campbell, sister of Timothy Dean. “The thought of this dangerous man– who I believe killed my brother– even being considered for bail is outrageous. I am pleading to the judge to hold Ed Buck in jail until his trial. He is responsible for two deaths in his apartment. My brother and Gemmel Moore are dead because of Buck. This is a slap in the face to our families. He is a dangerous man and will most likely kill again if let out. Please keep him behind bars. I’m afraid for Black gay men in Los Angeles if he is released.”
“Ed Buck’s previous history shows he is a danger,” said LaTisha Nixon, the mother of Gemmel Moore. “After Gemmel was killed we warned that another person would end up dead if he wasn’t arrested and Buck did not prove us wrong as Timothy Dean was killed just a year and a half later. We repeatedly told authorities Ed Buck was out of control and still after my son and Timothy Dean died, he was up to his old tricks and attempted to fatally overdose another man. If he is released he will continue to prey upon Black gay men. Ed Buck is a menace and deserves to be held in custody to ensure that no other person is killed by Ed Buck.”
“I am just speechless as well as restless just thinking of what will happen next–who will be the next to die–if Ed Buck is released from jail,” said Joyce Jackson, sister of Timothy Dean.
Cannick concluded with, “I am all for bail reform, but people like Ed Buck should not be the beneficiaries of the bail reform movement.”
The petition will be delivered to the Magistrate Judge and to federal prosecutors at the September 25 hearing in Los Angeles. Anyone interested can sign the petition here.
Former ‘InfoWars’ Host Alex Jones Arrested for DWI in Texas
TEXAS (TMZ) — According to police docs, cops were called to Jones’ residence for a family disturbance. When they arrived, his wife claimed they had a verbal altercation that “was physical” earlier in the day. She allegedly told the officer Jones took off in his car and was possibly drinking.
Cops caught up with him shortly afterward — sometime after 10 PM Monday night — and pulled him over. The arrest report says the officer detected a strong odor of alcohol coming from Jones.
Jones allegedly admitted he drank a bottle of sake while he and his wife were at a sushi restaurant a couple hours earlier, and they got into an argument. Jones told the officer he walked home, but the argument continued there … so he left to go to another residence to get away from her.
According to the report … Jones demonstrated some impairment during field sobriety tests, such as swaying and losing his balance, but he did blow slightly below a .08 on the Intoxilyzer — twice.
It should be noted … it’s unclear who the “wife” is in the report. Jones divorced his previous wife in 2015, and as far as we know … he has not remarried.
Alex Jones has a fresh DWI case deep in the heart of Texas … the former “InfoWars” host was busted early Tuesday morning in the Austin-area.
Jones was booked around 12:30 AM … according to the Travis County Sheriff’s Department. He was back on the streets by 4 AM, after posting a $3,000 bond — and as you might expect, Jones is telling his own version of events.
He went on his “Alex Jones Show” podcast and said he blew under the legal limit of .08 … so he thinks the whole charge will go away. “InfoWars” is already floating a conspiracy theory, saying Jones was caught in a DWI sting … aimed at increasing the Sheriff’s Department’s number of arrests.
So far, the Sheriff’s Department isn’t saying what Jones’ BAC was when he was arrested. Worth noting that in Texas you can be arrested for DWI even if you’re under the limit IF the officer thinks your driving ability is impaired.
Jones has been charged with misdemeanor DWI.
Prop 64: DA Announces Dismissals of 66K Marijuana Convictions
LOS ANGELES — Los Angeles County District Attorney Jackie Lacey and Code for America has announced that nearly 66,000 marijuana convictions eligible for relief under Proposition 64 will be dismissed as part of their cutting-edge partnership.
Today’s action marks the completion of the five-county Clear My Record pilot to clear marijuana-related convictions eligible for relief under Proposition 64. The other counties in the pilot include San Francisco, Sacramento, San Joaquin and Contra Costa.
In total, these five pilots will help reduce or dismiss more than 85,000 Proposition 64 eligible convictions. “The dismissal of tens of thousands of old cannabis-related convictions in Los Angeles County will bring much-needed relief to communities of color that disproportionately suffered the unjust consequences of our nation’s drug laws,” Lacey said. “I am privileged to be part of a system dedicated to finding innovative solutions and implementing meaningful criminal justice reform that gives all people the support they need to build the life they deserve.”
“Today’s action marks the completion of our California Clear My Record pilot, through which we will have helped to dismiss and seal more than 85,000 marijuana convictions across the state,” said Evonne Silva, Code for America’s Senior Program Director of Criminal Justice. “This is a clear demonstration that automatic record clearance is possible at scale and can help to right the wrongs of the failed war on drugs. Looking forward, Code for America stands at the ready to help all California counties provide this much needed relief in advance of the July 1, 2020 deadline.”
Prosecutors this week asked a Los Angeles Superior Court judge to dismiss 62,000 felony cannabis convictions for cases that date back to 1961.
The District Attorney’s Office also sought the dismissal of approximately 4,000 misdemeanor cannabis possession cases that included cases filed in 10 Los Angeles County cities: Los Angeles, Long Beach, Torrance, Pasadena, Inglewood, Burbank, Santa Monica, Hawthorne, Redondo Beach and Hermosa Beach.
Approximately 53,000 individuals will receive conviction relief through this partnership. Of those, approximately 32% are Black or African American, 20% are White, 45% are Latinx, and 3% are other or unknown.
Proposition 64 identifies three health and safety code sections that qualified for resentencing: cultivation of marijuana, possession for sale of marijuana and sales and/or transport of marijuana, all felonies. The law also includes dismissing possession of marijuana, a misdemeanor.
District Attorney Lacey used additional criteria to go beyond the parameters of the new law to ensure the greatest number of dismissals. Those expanded parameters include persons who are 50 years or older, haven’t had a felony conviction in the past 10 years or have successfully completed probation for cannabis convictions.
Based on this criteria, Code for America created a unique algorithm for the office in order to fast-track the identification of eligible convictions. This technology can analyze eligibility for thousands of convictions in seconds, alleviating the need for DA staff to go through state criminal records one by one to evaluate eligibility, saving time and significant resources.
AB 1793 Implementation
In California, all county District Attorney’s Offices are required to implement AB 1793 by July 1, 2020. Earlier this year, Code for America launched its new Clear My Record Application and Implementation Blueprint, available at no cost and open source to all California counties.
These resources allow every District Attorneys’ Office to expedite and streamline review of Proposition 64 convictions. The Clear My Record Application allows District Attorneys to securely and accurately evaluate eligibility for convictions by reading and interpreting criminal history data from the California Department of Justice.
Code for America has received an overwhelming interest from counties in accessing these resources to carry out the law. Code for America stands ready to work with counties that have not yet used this technology to help them automate the record clearance process and provide relief as required by law.
Record Clearance for the Digital Age
The current record clearance process was not designed to reach everyone who is eligible. With the current petition-based process, each person seeking relief must petition the court to clear their records, but this is a time-consuming, expensive, and confusing process. It is no surprise, then, that only 3% of those eligible for relief under Proposition 64 have received it.
Code for America’s pilot partnerships have set the standard for the statewide implementation of AB 1793, which tasks prosecutors with affirmatively reviewing convictions eligible for dismissal or reduction under Proposition 64.
This novel approach also creates a blueprint for the future of record clearance for remedies beyond Proposition 64 – the development of policy and technology that expands, streamlines and automates the record clearance process at scale. Code for America has been making it easier for people to remove eligible convictions from their records through Clear my Record technology since 2016.
To find out if your record has been cleared
To find out if your record has been cleared, or for more information about this initiative, contact the Los Angeles County Public Defender’s Office by phone at (323) 760-6763 or visit http://pubdef.lacounty.gov. The Public Defender’s Office will reply to all inquiries.
About Code for America
Code for America believes that government must work for the people, and by the people, in the digital age, starting with the people who need it most. It builds digital services that enhance government capabilities, and helps others do the same across all levels of government. It organizes thousands of volunteers across nearly 80 chapters nationwide who improve government in their local communities. Their goal: a 21st century government that effectively and equitably serves all Americans.
Learn more at codeforamerica.org.
Petition Circulating to Ask Judge to Keep Ed Buck in Jail
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This Just In…
- Petition Circulating to Ask Judge to Keep Ed Buck in Jail
- RAGE is Latest Venue to Fall Victim to the Pandemic
- Koretz Won’t Back ‘Uplift Melrose’ Plan
- Man Sentenced for Hit-and-Run Death of Pedestrian on Sunset
- Beverly Grove Man Charged for COVID Relief Loan Fraud
- County Hospitals Receive 300 iPads for Patients to See Family
- Processions to Cedars Will Salute Healthcare Workers on National Nurses Day