Pubdate: Thu, 20 Nov 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 WEAPONS CHARGE UNCONSTITUTIONAL The manufacturing of methamphetamine does not create a weapon of mass destruction, Superior Court Judge James L. Baker ruled Nov. 7. Baker dismissed 15 cases against Watauga County individuals charged with the manufacture of a chemical weapon of mass destruction, and said that North Carolina General Statute 14-288.21 is unconstitutional on its face and unconstitutionally applied to methamphetamine manufacturers. As a result, several of the accused were able to make bail. The accused still face methamphetamine related charges. Earlier this year, the District Attorney's office began charging individuals found with methamphetamine laboratories with the B1 felony of manufacturing a nuclear, biological or chemical weapon of mass destruction in violation of N.C. statute 14-288.21, in addition to charges already in place for methamphetamine crimes. In a July press release, District Attorney Jerry Wilson said the statute was in response to the growing number of methamphetamine laboratories in the area and expressed concern that the existing statute for dealing with methamphetamine laboratories was "insufficient." Immediately following Baker's decision, the District Attorney's office appealed the ruling to the North Carolina Court of Appeals. "The District Attorney's office argued strenuously during the hearing in favor of the constitutionality of the statute as passed by the legislature," Wilson said. "I believe Judge Baker's ruling is incorrect," Wilson said. According to the District Attorney's office, the WMD statute applies to methamphetamine producers because the process of "cooking" methamphetamine creates toxic and potentially explosive chemicals, endangering the lives of not only neighbors but also of law enforcement and firefighters who may respond. According to the Watauga Democrat, Wilson said that N.C. Attorney General Roy Cooper has agreed to argue the appeal of Baker's ruling in court. Pending the appeal, the District Attorney's office is now looking at charging methamphetamine cooks with charges of improper disposal of hazardous material, a Class C felony, according to the Watauga Democrat. Several attorneys defended the accused. "I believe the judge's ruling was absolutely correct," defense attorney Eric Eller said. "We argued [that the WMD statute] was so vague as to lend itself to an interpretation of things it was clearly not intended to cover," he said. Defense attorney Vince Gable said: "I think [DA Wilson] is sincere in what he's trying to do, but he's going about it in the wrong way. This law has to be addressed in the legislature." "[Judge Baker] was loyal to the law," attorney Scott Casey said. "He wasn't going to wait for a higher court to decide." Casey said that although District Attorney Wilson lost this case, he would eventually succeed. These cases will encourage the state legislature to change the laws regarding methamphetamine, he said. "There should be a more severe punishment," Casey said. - --- MAP posted-by: Larry Stevens