Pubdate: Fri, 27 Feb 2009
Source: DrugSense Weekly (DSW)
Section: Feature Article
Website: http://www.drugsense.org
Author: Radley Balko
Note: Radley Balko is a senior editor for Reason magazine. For 
additional information and to view his blog, please visit his 
website, http://www.theagitator.com/ - where this piece first appeared.

TEARFUL ATLANTA COPS EXPRESS REMORSE FOR SHOOTING 92-YEAR-OLD KATHRYN 
JOHNSTON, LEAVING HER TO BLEED TO DEATH IN HER OWN HOME WHILE THEY 
PLANTED DRUGS IN HER BASEMENT, THEN THREATENING AN INFORMANT SO HE 
WOULD LIE TO COVER IT ALL UP

Sorry, but I'm having a hard time conjuring up any sympathy for these 
guys.  They were sentenced earlier this week: U.S. District Judge 
Julie Carnes sentenced former officer Gregg Junnier to six years in 
prison, Jason Smith to 10 years in prison and Arthur Tesler to 5 
years in prison.

To put it into perspective, all three are expected to receive about 
the same sentence as Ryan Frederick (who shot a police officer to 
death during a drug raid that Frederick believed was a home 
invasion). That ain't justice.

I will say, however, that evil and inexcusable as these bastards are, 
there's some truth in this excerpt:

Tesler said when he joined the narcotics unit, he was told to "sit, 
watch and learn" from superiors who cut corners to meet performance 
quotas for arrests and warrants. "I was a new part and plugged into a 
broken system," Tesler said.

Tesler said when he saw Smith about to plant baggies of marijuana 
inside Johnston's home to make it look like a drug house, he shook 
his head in disapproval. Tesler said he falsified the police report 
and later lied about the raid because Smith told him to follow the 
cover-up script.  Tesler said he wasn't about to "rat" on a senior officer.

His father, Jack Tesler, said his son was "being vilified and over-prosecuted."

Smith said his moral compass failed when he began to think "drug 
dealers were no longer human."

"I saw myself above them," he said.

This is what happens when you declare "war" on American citizens. You 
dehumanize them.  And you instill an ends-justifies-the-means, win at 
all costs mindset in your "warriors." This mindset infected the 
entire narcotics unit at Atlanta PD. You'd have to be awfully naive 
to believe the problem is limited to Atlanta.

Officers Junnier, Smith, and Tesler are going to prison. But you 
could make a good case that they were only responding to incentives. 
A lot of other people have Kathryn Johnston's blood on their hands 
too, people with names like Bennett, Gates, Walters, Souder, Tandy, 
and Meese.  They've been ratcheting up the war rhetoric of drug 
prohibition for 30 years.  It boggles my mind that I'm "known" for 
this issue.  For this to even be an issue, we had to have reached the 
point where most of America is now accustomed to the notion that 
state agents dressed in battle garb can and will tear down the doors 
of private homes in the middle of the night for nothing more than 
mere possession of psychoactive substances.  And most of the time, 
they do it under the full color of law.

It shouldn't be at all surprising that this particular war's boots on 
the ground might start to take all of that war imagery to heart, and 
take shortcuts around whatever largely ritualistic Fourth Amendment 
procedures we have left to "protect" against whatever it is we still 
might call "unreasonable" searches (if a violent, terrifying, 
paramilitary-style raid in the middle of the night on someone 
suspected of a nonviolent, consensual crime isn't "unreasonable," I 
don't know what would be).

Kathryn Johnston's death is tragic.  But the real tragedy here is 
that had the cops found a stash of marijuana in her basement that 
actually did belong to her-say for pain treatment or nausea-her death 
would have faded quickly from the national news, these tactics would 
have been deemed by most to be wholly legitimate, and we probably 
wouldn't still be talking about her today.

These cops were evil.  But they worked within an evil system that's 
not only immoral on its face, but is rife with bad incentives and 
plays to the worst instincts in human nature.
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MAP posted-by: Richard Lake