Pubdate: Thu, 13 Nov 2003
Source: Mountain Times, The (NC)
Copyright: 2003 The Mountain Times.
Contact: P.O. Box 1815, Boone, NC 28607
Website: http://www.mountaintimes.com
Details: http://www.mapinc.org/media/1699
Note: Does not accept  LTEs via email or feedback form.  All LTEs must be 
mailed.
Author: Kathleen McFadden

BAKER DISMISSES CHEMICAL WEAPONS CHARGES

North Carolina Superior Court Judge James Baker ruled last week that 
certain provisions of the state's chemical weapons statute are 
unconstitutional and unconstitutionally applied to those charged with 
manufacturing methamphetamine.

District Attorney Jerry Wilson announced in July that suspects arrested in 
connection with methamphetamine production would be charged under the 
state's anti-terrorism law. Wilson argued that the toxicity of the 
byproducts resulting from the production process pose a significant danger 
to others and that the current criminal statutes do not adequately 
acknowledge or punish the personal and environmental risk that meth 
production entails or the high recidivism rate that has resulted in 
multiple arrests of the same offenders.

In announcing his decision to prosecute under the statute, Wilson released 
a three-page statement in July explaining the rationale behind the new 
charge. "It is our position that the current statute is woefully 
insufficient to address the epidemic of clandestine methamphetamine 
laboratories that Watauga County is experiencing," the statement read. 
Wilson cited explosions, fires, hazardous materials in unmarked containers, 
the toxic and lethal byproducts of methamphetamine production, 
environmental damage and cleanup costs as justification for his office's 
effort "to make the punishment fit the crime."

In the intervening months, 15 suspects have been charged under the statute 
and held on bails of up to $500,000.

Following Baker's ruling in favor of the defense attorneys who argued the 
unconstitutionality of the statute as applied to drug production, he 
dismissed the chemical weapons charges against all 15 defendants. They have 
all been charged with other drug-related offenses, but a lower bail is 
attached to those charges.

Wilson disagreed with the judge's ruling and subsequently issued the 
following statement: "The District Attorney's office argued strenuously 
during the hearing in favor of the constitutionality of the statute as 
passed by the legislature, and immediately appealed Judge Baker's ruling. I 
believe Judge Baker's ruling is incorrect."

Until the appeals court hears the case and renders a judgment, no further 
suspects can be charged under the chemical weapons statute.
- ---
MAP posted-by: Larry Stevens