Pubdate: Thu, 05 Sep 2002
Source: San Antonio Current (TX)
Copyright: 2002 San Antonio Current
Contact:  http://www.sacurrent.com/
Details: http://www.mapinc.org/media/1332
Author:   Lisa Sorg
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

LIBERTY AND JUSTICE (NOT) FOR ALL

Raymundo Aleman defies the televised stereotype of the ostentatious, 
histrionic lawyer. Dressed in a brown and khaki suit and olive tie, Aleman 
is unobtrusive and restrained, except for a left leg that tends to jiggle 
when he's enthused about an issue.

The issues that get him jumping: economic injustice and oppressive drug 
laws. As the Libertarian candidate for district attorney and a criminal 
defense lawyer, he's up against a Texas Criminal Justice System that houses 
150,000 prisoners, the most of any state. In the November 5 general 
election he will battle Republican incumbent Susan Reed -- the Democrats 
haven't fielded a candidate -- for the right to set the tone of the Bexar 
County justice system.

Aleman's judicial philosophy is as tough on violent and serious offenses as 
those of his mainstream party counterparts. "I have no intention of turning 
loose murderers and rapists and drive-by shooters," Aleman remarks. "But 
I'm not going to fill the jails with non-violent criminals."

A 2001 telephone survey of 1,056 adults by the Open Society Institute 
suggests that most Americans believe the U.S. criminal justice system is 
ineffective, and takes a purely punitive approach to crime. More than 60 
percent of those surveyed said drug cases should be handled through 
counseling and treatment; 31 percent stated these offenses should be 
considered serious crime. Seventy percent said the war on drugs has failed; 
18 percent considered it a success.

As a Libertarian, Aleman opposes laws that prohibit consensual crimes (such 
as marijuana use -- particularly for medicinal purposes) and those that 
punish people inconsistently and unfairly. Chances are, if you have money 
and are white, you can buy off the system; if you're a minority or poor, 
you'll be trapped in it. "The people who come to me have done something. My 
job is to make sure whether someone has money or not they get a fair chance."

A Judson High School graduate, Aleman received his law degree from the 
University of Texas at Austin in 1981. For the past 20 years he's worked in 
family law and as a criminal defense attorney. In that time, he's seen 
state and federal drug laws tighten the reins on even minor drug offenders, 
clogging the courts, the jails, the caseworkers. (In state jails alone, 
more than 4,500 inmates are incarcerated for substance abuse offenses, 
albeit not all of them for pot.)

"The police don't routinely test small amounts [to see if it's marijuana]," 
Aleman says. "It might not be a bad idea to handle these cases as you would 
traffic tickets. I wonder if it's the best use of the police to look for 
people using marijuana."

For those busted for a significant poundage, the county can also seize 
their property and use the assets to fund drug prevention programs or even 
to buy office chairs; for example, in 1997, asset forfeiture brought in 
more than $400,000 annually to the Bexar County D.A.'s office, which then 
shared the take with the City.

"Asset forfeiture is just horrible," Aleman emphasizes. "They can take just 
about everything. They can take cars that don't belong to the person who's 
been convicted. They can take a house even if their spouse doesn't know 
about the drugs."

Even if the police find the marijuana illegally, Aleman says it's becoming 
more difficult to convince a judge to dismiss a case on the basis of an 
illegal search -- which is forbidden by the Fourth Amendment. "The courts 
have decided these police errors are harmless. They give the cops the 
benefit of the doubt that they are doing their job."

Prostitution falls under the Libertarian category of "consensual crime," 
and although Aleman says he doesn't "advocate it because most people in it 
are exploited," he is "really troubled by the way cases are made -- through 
entrapment, although it's not a defense. The police don't arrest customers 
because many of the 'customers' are undercover cops," he adds, noting that 
johns will occasionally get popped by a woman officer posing as a prostitute.

Aleman has also defended several gay men who were nabbed by the park police 
for public indecency; most of the men plead guilty to avoid public 
embarrassment at trial. " What I found is that the stories of both the 
officer and the gay man were the same; the officer would look at him at a 
urinal, smiling," notes Aleman, who adds that he opposes extra penalties 
for hate crimes because they are unnecessary. "It's a sad situation."

Equally tragic, Aleman notes, is the economic injustice that plagues the 
criminal justice system. Those who can't post bail for a misdemeanor charge 
- -- primarily low-income or homeless people -- have to stay in jail until 
their assigned court date; the other option is to go to jail court, where 
although the person is represented by a lawyer, the primary purpose is to 
plead guilty and thus be released.

"It's good for people who want to get out," explains Aleman, a death 
penalty opponent. "But you're encouraged to admit your guilt. It doesn't 
allow you to properly assert your rights. And the state looks good with 
lots of convictions."

Some of Aleman's election pledges include providing the defense attorney 
with more complete information -- such as police case files -- to prepare 
for trial. "The assistant DA's have to be told they're working for the DA's 
office and not for the judges. The DA is supposed to work for all the people."
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MAP posted-by: Terry Liittschwager