Pubdate: Thu, 16 Oct 2003
Source: Appalachian, The (NC Edu)
Copyright: Appalachian State University 2003
Contact:  http://www1.appstate.edu/dept/csil/
Details: http://www.mapinc.org/media/2788
Author: Anna Oakes

CLEARING UP MISCONCEPTIONS ABOUT NEWSPAPER

Right now in Watauga County, about 10 methamphetamine "cooks" have been 
charged with the Unlawful Manufacture of a Nuclear, Biological, or Chemical 
weapon of Mass Destruction. That's right, a weapon of mass destruction.

Riding on a wave of fear that has swept over America since 9-11, District 
Attorney Jerry Wilson has managed to convince himself and a few others that 
nonviolent drug offenders are now, indeed, terrorists. First, here's some 
background. Starting in July, District Attorney Wilson and Sheriff Mark 
Shook began a new campaign against the methamphetamine problem in Watauga 
County, where more methamphetamine laboratories have been found than in any 
other North Carolina county this year. The charge currently in place for 
dealing with methamphetamine manufacturers is a class H felony, which 
carries a maximum sentence of 30 months in jail.

In its July 17 press release, the district attorney's office called this 
current statute "woefully insufficient to address the . methamphetamine 
laboratories that Watauga County is experiencing." Now the district 
attorney is manipulating the law, put into place by the N.C. legislature 
after 9-11 to protect us from terrorists, for his own uses. The charge for 
manufacturing a weapon of mass destruction is a B1 felony that carries a 
minimum sentence of 12 years in prison to a possible life sentence, 
depending on the defendant's record, Assistant District Attorney Charles 
Byrd told me.

The district attorney's office, according to their press release, is 
basically arguing that because chemicals used for manufacturing 
methamphetamine are potentially explosive and toxic, they may be considered 
a danger to the community, and therefore a weapon of mass destruction.

My question is: to convict someone of this charge, wouldn't there have to 
be some evidence that the alleged was attempting to intentionally harm, 
say, the masses?

When I asked Byrd this, he told me the prosecution only needs to prove that 
certain potentially explosive or toxic chemicals are within close proximity 
of each other to convict someone of manufacturing a weapon of mass destruction.

Any number of household products, including pesticides, aerosol containers, 
and drain cleaner, have potential toxic and explosive capabilities.

Under the district attorney's interpretation of the law, we may very well 
be terrorists for having these products in our homes. Let's consider the 
implications of a conviction in these cases. First, it would indicate that 
it is conceivable for prosecutors to manipulate laws in place for separate, 
specific crimes and use them for whatever crimes they deem necessary.

Second, it would mean that a nonviolent drug offender could now go to 
prison for the rest of his life.

Methamphetamine cooks are a hazard to the community because they make it 
possible for others to harm themselves, yes, but are they terrorists 
because of it?

According to the ACLU, two-thirds of today's prison population are 
nonviolent offenders.

Murderers and rapists are getting out of overpopulated prisons early to 
make room for drug offenders who, instead of being helped through treatment 
programs, are being incarcerated.

Third, it would mean that we as citizens are so docile and comfortable in 
our lives that we no longer care about injustice, even in our own community.

Leaders all over the country are manipulating our fears and swiftly taking 
away our rights.

As a large group of young intellectuals, we as students represent a 
significant potential opposition to this injustice.

Stand up for your rights and let your leaders know that you don't agree 
with what is happening.

In no way do I advocate the use or manufacture of methamphetamine. 
Methamphetamine is a serious problem, but the district attorney and sheriff 
are approaching this problem the wrong way.
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MAP posted-by: Larry Stevens