xxdr_zombiexx

A Judicial Crime
Kieth Blevins | KBlog | Posted: 2004-10-17 10:25

The absolute moral vacuum masquerading as The War on Drugs.

I have just read a story in the Washington Post which is infuriating and frustrating, and which illustrates the absolute moral vacuum masquerading as The War on Drugs. This is the story of a 27 year old man, Jonathan Magbie, who was injured in an automobile accident at the age of 4. He was quadriplegic and required 24/7 care which included periodically using a ventilator to suction his lungs. He traveled around using a chin operated wheelchair. Somehow this young man ended up being arrested for possession of Marijuana - his first offense. At his trial, Washington DC Judge Judith Retchin sentenced him to 10 days in the DC jail. After being shuttled back and forth between the DC jail's Correctional Treatment Facility and Greater Southeast Community Hospital twice in five days, Mr. Magbie died.

Who killed Jonathan Magbie? There is plenty of blame to go around here. The various jail and hospital personnel certainly failed Jonathan, as did his legal representation. In fact, it could be said that the entire system failed Jonathan. But more culpable than all of them is Judge Retchin. Her callous disregard for the extenuating circumstances in this case is only the beginning of her failings here. Her choice to impose jail time for a first time Marijuana offense is in itself quite questionable, made all the more so by the medical condition of the defendant. What societal good was she trying to accomplish by imposing this sentence? Did she truly think this man represented such a threat to society that he needed to be locked up for this "crime"? Does she not understand that we call her Judge because she is supposed to use judgment? Could she not foresee the likelihood that the level of attention he required would not be available at the Correctional Treatment Facility? Could she not recognize the potential danger to his well-being, and indeed his life, if this attention was not provided? How can this woman sleep at night? If she truly had the integrity to be made a judge in the first place, then she should resign in shame and become a warrior opposing the drug war.

A Tale of Two Washingtons - Meanwhile in Seattle, and a growing number of cities across the country, police have been instructed to make Marijuana possession by adults their lowest law enforcement priority. Meaning that if Mr. Magbie lived in this Washington he would not only still be alive, he would likely have never even been arrested. Instead, he is dead in D.C. This is justice? This is equal protection under the law? This is compassionate conservatism in action.

Now to be fair with Judge Retchin, all of the facts of the case were not available from this article. For example, it might be that the Marijuana belonged to someone else, possibly a friend or family member, and Mr. Magbie claimed it to be his figuring that the judge would go easy on him because of his condition - a fatal miscalculation. It may be that the amount of Marijuana was excessive, or that there was dealing involved. None of these issues are clear from the article. But somehow, I can't imagine him motoring his wheelchair down to the local elementary school to sell weed to Little Johnny. And even if he was doing just that, did he deserve to die?

What is quite likely, and is also not mentioned in the article, is the possibility that Mr. Magbie was poor and African-American. There seems to be a clear-cut double standard in this drug war. If you are white and/or have money then you can get "treatment" in lieu of prison time. Otherwise you are out of luck.

[zombienote: Look no further than how Rush Limbaugh was treated for his highly illegal relationship with Oxycontin. Alive and still full of hot gas, not confined to jail, let alone a wheelchair. Clear and present double standard.]

Wake Up America! - When will Americans wake up and recognize that the damage done by this drug war is far greater than any potential damage these proscribed drugs might be doing? This case, more than most, makes it clear that something needs to be done at the federal level to stop this war against the American people. And while the entire drug war is misguided and counter-productive, the laws against Marijuana are absolutely indefensible. It's continued prohibition is only for the benefit of the alcohol and pharmaceutical industries, along with the rehab/treatment industry and the legal-prison-industrial complex. It certainly does not serve the best interests of the American public. It is time for radical change, and there could be no more glaring example of the need for this change than the killing of Jonathan Magbie.

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Torture Good, Healthcare Bad, Marijuana Evil.

There's no money for your issue so long as we're squandering $50 billion a year on the DrugWar. Ben Masel