Tag Archives: felony

Dustin Diamond back in jail for parole violation

 

Former TV star Dustin Diamond is back in jail in Wisconsin after an official says he violated the terms of his parole.

Ozaukee County jail records show Diamond, who was recently released after serving time for disorderly conduct and concealed-weapon convictions, was arrested on May 25.

Diamond became a minor celebrity for playing Screech in the 1990s show Saved by the Bell.

An official at the jail (who declined to give his name) told AP that Diamond was returned to custody because of a probation violation. The official said he didn’t have further details.

The 39-year-old Diamond was convicted in Wisconsin last year on charges stemming from a 2014 Port Washington bar room brawl. Diamond faced a felony charge of second-degree recklessly endangering safety and two misdemeanors — carrying a concealed weapon and disorderly conduct. The jury found him innocent of the felony charge, which could have carried a sentence of up to 11 years.

In January, Diamond began serving a four-month sentence. He was released in April.

Diamond’s case draw attention from the tabloids and internet gossip sites.

During his trial, Diamond told the jury that he didn’t intentionally stab a man, as prosectors alleged.

According to Diamond’s testimony, he and his girlfriend Amanda Schutz created a stir when the went to a bar in Port Washington on Christmas Day. Some people wanted to shake his hand and pose for photos. But other bar patrons badgered him and Schutz.

“I felt like we were being set up for antagonistic purposes,” said Diamond.

Defense attorneys said no one saw Diamond stab the man and video footage of the altercation is murky.

Diamond said the brawl started after Schutz got in a fight with another female bar patron. Bethany Ward said Shutz started the conflict but acknowledged punching her in the face. Diamond said he got involved to protect Schutz when he saw her nose “pouring blood.” Diamond said he took out his pocketknife to deter the group from hurting her more.

“I figured it would take the fight out of the people,” he said.

Diamond said he yelled out that he wanted Ward and others to let his girlfriend go, and he scuffled with a man before Schutz was released and both of them left the bar.

The man who was stabbed, 25-year-old Casey Smet, testified that he didn’t know he’d been stabbed until he left the bar and was talking to police.

Diamond said he thought Smet hurt himself when he grabbed at Diamond.

“Casey didn’t even know he was injured, so how would I?” Diamond told the jury.

Ozaukee County District Attorney Adam Gerol argued that Diamond lied about what happened and that the actor had scripted his testimony.

Gerol showed body-camera footage of Diamond’s testimony to a Port Washington police officer the night of the fight. In the video Diamond first said he might have struck Smet with a pen. In a video of testimony later that night, Diamond said he had a knife at the bar, but hadn’t used it to stab anyone.

 

Defense attorneys said no one saw Diamond stab the man, and video footage of the altercation was murky.

 

 

 

Oklahoma senator mulls overriding governor’s abortion veto

The Oklahoma Republican state senator who authored a bill that would effectively outlaw abortion in the state said Saturday that he hasn’t decided whether he’ll try to override the governor’s veto.

“I have not made a decision,” Sen. Nathan Dahm, of Broken Arrow, told The Associated Press. “That’s what we’re pursuing, what we’d like to see accomplished.”

He said he’ll decide during the coming week whether to pursue an attempt — the same week that the Legislature faces a deadline to adjourn while grappling with a $1.3 billion budget hole that could lead to cuts to public schools, health care and the state’s overcrowded prison system. They’ve yet to be presented with a proposed state budget.

Republican Gov. Mary Fallin vetoed the bill Friday, saying that while she opposes abortion, it was vague and would not withstand a legal challenge.

The measure would have made it a felony punishable by up to three years in prison for anyone who performs an abortion, including doctors. State law already makes it a felony for anyone who’s not a doctor to perform an abortion, and Dahm’s bill would have removed the exemption for physicians.

Michael McNutt, a spokesman for Fallin, said the governor has not been notified of a veto override attempt.

“It’s a legislative decision. Obviously she would like it to be supported, but it’s up to the Legislature at this point,” McNutt said.

The Senate voted 33-12 for the bill on Thursday, one vote more than needed to override in the Senate and send it to the House.

Dahm noted that it could be difficult for those who voted for the legislation to vote for an override.

“Sometimes people, even if they voted for the bill, are hesitant to vote to override the governor’s veto because of their concern about the governor being petty and vindictive and vetoing some of their legislation,” Dahm said.

Republican Senate President Pro Tem Brian Bingman, who voted for the bill, said Friday that he supported it because it’s an anti-abortion measure, but was noncommittal whether he would vote for a veto override.

“We’re working with the governor on the budget, so there’s got to be some strategy involved there,” Bingman said. “I want to support the governor as much as I can. At the same time, I want to support our members, so I’ll have to think on that.”

Ignoring budget woes, Oklahoma makes abortion a felony

Oklahoma lawmakers have moved to effectively ban abortion in their state by making it a felony for doctors to perform the procedure, an effort the bill’s sponsor said is aimed at ultimately overturning the U.S. Supreme Court’s 1973 decision that legalized abortion nationwide.

The bill, which abortion rights group Center for Reproductive Rights says is the first of its kind in the nation, also would restrict any physician who performs an abortion from obtaining or renewing a license to practice medicine in Oklahoma.

It passed 33–12 on May 19 with no discussion or debate; a handful of Republicans joined with Democrats in voting against the bill sponsored by Republican Sen. Nathan Dahm.

Oklahoma Gov. Mary Fallin, an anti-abortion Republican, has until May 26 to sign the bill into law or veto it. Spokesman Michael McNutt said she also could also allow the bill to become law “without approval” after the five-day period has elapsed. He also said she will withhold comment until her staff has time to review it.

Dahm made it clear that he hopes his bill could lead to overturning Roe v. Wade.

“Since I believe life begins at conception, it should be protected, and I believe it’s a core function of state government to defend that life from the beginning of conception,” Dahm said.

But abortion rights supporters — and the state’s medical association — have said the bill is unconstitutional. Sen. Ervin Yen, an Oklahoma City Republican and the only physician in the Senate, described the measure as “insane” and voted against it.

“Oklahoma politicians have made it their mission year after year to restrict women’s access to vital health care services, yet this total ban on abortion is a new low,” Amanda Allen, an attorney for the New-York based center said in a statement. “The Center for Reproductive Rights is closely watching this bill and we strongly urge Gov. Fallin to reject this cruel and unconstitutional ban.”

The Senate came as the Oklahoma Legislature nears a May 27 deadline for adjournment and is still grappling with a $1.3 billion budget hole that could lead to deep cuts to public schools, health care and the state’s overcrowded prison system.

“Republicans don’t have an answer for their failed education policies, failing health care policies and failing fiscal policies, so what do you do in that situation?” said Senate Democratic leader Sen. John Sparks. “You come up with an emotional distraction. That’s what this bill is.”

Nearly every year, Oklahoma lawmakers have passed bills imposing new restrictions on abortions, but many of those laws have never taken effect. In all, eight of the state’s separate anti-abortion measures have been challenged in court as unconstitutional in the last five years.

In 2013, the U.S. Supreme Court declined to hear a case over an overturned Oklahoma law that would have required women to view an ultrasound of her fetus before an abortion is performed. That same year, the Oklahoma Supreme Court struck down a law that would have effectively banned all drug-induced abortions in the state.

In 2014, the state Legislature approved a law requiring abortion doctors to have admitting privileges at nearby hospitals, but a challenge is pending before the Oklahoma Supreme Court.

Also on May 19, the Oklahoma House approved a bill that requires the state Department of Health to develop informational material “for the purpose of achieving an abortion-free society,” but lawmakers didn’t approve any funding for it. The measure, which now goes to the Senate, requires the health department to produce information about alternatives to abortion and the developmental stages of a fetus, but the bill’s sponsor says it cannot be implemented without any funding.

Trust Women, a Wichita, Kansas-based abortion rights foundation that’s building an abortion clinic in Oklahoma City, says it’s “dismayed” by the passage of the procedure-performing bill, but is undeterred in its plans to open the center.

“Trust Women stands firm on our decision to open a clinic in the largest metropolitan area in the U.S. without a provider,” founder and CEO Julie Burkhart said in a statement. “Women need the services we will offer.”

3 charged with several crimes in Flint water crisis

Two state regulators and a Flint employee were charged this week with evidence tampering and several other felony and misdemeanor counts related to the Michigan city’s lead-tainted water crisis.

The charges — the first levied in a probe that is expected to broaden — were filed against a pair of state Department of Environmental Quality officials and a local water treatment plant supervisor and stem from an investigation by the Michigan attorney general’s office.

Michael Prysby, a DEQ district engineer, and Stephen Busch, who is a supervisor with the DEQ’s Office of Drinking Water, were both charged with misconduct in office, conspiracy to tamper with evidence, tampering with evidence and violations of water treatment and monitoring laws.

Flint utilities administrator Michael Glasgow was charged with tampering with evidence for changing lead water-testing results and willful neglect of duty as a public servant.

Busch is on paid leave after being suspended earlier. Prysby recently took another job in the agency. Glasgow testified at a legislative hearing that Prysby told him phosphate was not needed to prevent lead corrosion from pipes until after a year of testing.

For nearly 18 months after Flint’s water source was switched while the city was under state financial management, residents drank and bathed with improperly treated water that coursed through aging pipes and fixtures, releasing toxic lead. Republican Gov. Rick Snyder announced in October that the city would return from the Flint River to its earlier source of treated water, the Detroit municipal system. But by that time, dangerously high levels of the toxic metal had been detected in the blood of some residents, including children, for whom it can cause lower IQs and behavioral problems.

The city has been under a state of emergency for more than four months, and people there are using filters and bottled water.

In January, Republican Attorney General Bill Schuette opened an investigation and appointed a special counsel to lead the probe because his office also is defending Snyder and others in lawsuits filed over the water crisis. The state investigation team has more than 20 outside attorneys and investigators and a budget of $1.5 million.

Schuette, Genesee County Prosecutor David Leyton, special counsel Todd Flood and other investigators scheduled a news conference for Wednesday afternoon in Flint to make a “significant” announcement, according to an advisory distributed to the media. A spokesman for Schuette’s office declined comment Tuesday night.

In addition to the lead contamination, outside experts also have suggested a link between the Flint River and a deadly Legionnaires’ disease outbreak. There were at least 91 cases, including 12 deaths, across Genesee County, which contains Flint, during a 17-month period. That represents a five-fold increase over what the county averaged before.

The failure to deploy lead corrosion controls after the city’s switch to the Flint River is considered a catastrophic mistake. The DEQ has acknowledged misreading federal regulations and wrongly telling the city that the chemicals were not needed.

State officials were slow to respond to experts’ and residents’ concerns. After the crisis broke open, DEQ Director Dan Wyant and the department’s communications director Brad Wurfel resigned. Snyder announced the firing of Liane Shekter Smith, the former chief of the DEQ’s Office of Drinking Water and Municipal Assistance.

Susan Hedman, the director of the U.S. Environmental Protection Agency’s Chicago-based Midwest office, also resigned.

 

Filings show that prosecutors believed Scott Walker committed a felony

A court filing shows investigators believed Republican Gov. Scott Walker committed a felony when he was Milwaukee County executive in relation to an office lease contract.

Walker, who is running for president, was never charged and neither were either of the other two people investigators named in the 2011 request for a search warrant, filed Wednesday as part of a lawsuit.

The warrant was issued in a John Doe probe that focused on longtime Walker aide Cindy Archer and others who were close to Walker during his tenure as Milwaukee County executive. Neither Archer nor Walker faced any charges in the overall investigation, known as a John Doe because it is largely conducted in secret; but six other Walker aides or associates were convicted on a variety of charges, including two for doing illegal campaign work in 2010.

Walker has long maintained that he did nothing wrong and that he was not a target of the investigation.

The Wednesday filing came in a federal lawsuit brought by Archer against prosecutors. She alleges that Milwaukee County District Attorney John Chisholm and investigators working for him violated her constitutional rights to free speech and association, and unreasonable search and seizure.

The filing included a copy of the 2011 request for a warrant to search the home of Archer and others being investigated.

In it, investigators said they believed there was probable cause that Walker, longtime Walker friend and campaign treasurer John Hiller and real estate broker Andrew Jensen committed felony misconduct in office in relation to the negotiation of a lease to house the county’s Department of Aging.

Prosecutors were looking into signs of misconduct and bid-rigging related to the competition to house the department in private office space. Investigators were also looking into donations Walker’s campaign received from officials with Mid American Building Services, which won a contract to clean county buildings.

All three of the bids under consideration for the department were ultimately rejected, and no one involved with the bids was ever charged with any wrongdoing.

Walker’s spokeswoman Laurel Patrick referred questions about the court filing to presidential campaign spokeswoman AshLee Strong. She did not immediately return messages seeking comment.

“People in Wisconsin and across the country deserve answers from Governor Walker on why law enforcement officials had probable cause to believe he committed felonies,” Wisconsin Democratic Party spokeswoman Melissa Baldauff said.

The first John Doe investigation launched a second one focusing on whether Walker’s 2012 recall campaign illegally coordinated with more than two dozen conservative groups. The Wisconsin Supreme Court last month ended the investigation, saying none of the campaign activity was unconstitutional.

A special prosecutor on Tuesday asked the court to reconsider that decision and place its ruling on hold, a move that signals he may take the case all the way to the U.S. Supreme Court.

The second investigation, like the first John Doe probe, was secret and many of the court filings have not been publicly released. The motion from special prosecutor Fran Schmitz was under seal pending a determination by the court as to whether it should be made public.

Schmitz did not immediately return a message seeking comment Wednesday. Todd Graves, the attorney for the Wisconsin Club for Growth, which filed a lawsuit challenging the probe that went to the Supreme Court, declined to comment.

Expert: Republicans’ abortion ban in Wisconsin will cause more abortions, great suffering

As the Wisconsin Legislature’s health committees took up a fast-tracked bill Tuesday that would ban abortions after 20 weeks of pregnancy, a medical expert said the measure could prompt more early terminations.

A public hearing began Tuesday on the bill, under which doctors who perform an abortion after 20 weeks in non-emergency situations could be charged with a felony and subject to up to $10,000 in fines or 3.5 years in prison.

As written, it doesn’t provide an exception for pregnancies due to rape or incest. The bill also requires that physicians performing abortions in situations in which the mother’s life is in danger do so in a way most likely to ensure the child’s survival.

Dr. Steven Leuthner, professor of pediatrics and bioethics at the Medical College of Wisconsin, said some diagnoses of life-limiting conditions aren’t completely reliable before the 20-week mark. Faced with a stricter timeline to legally obtain an abortion, more women may choose to end a pregnancy that could have been carried to term instead of obtaining additional fetus monitoring and physician counseling, he said.

“I think it could backfire and lead to more terminations,” Leuthner said, adding that women in rural areas might have trouble accessing fetal screening and specialists before 20 weeks. “There might be more abortions due to worse counseling.”

Meanwhile, other conditions may not present symptoms before the 20-week mark, Leuthner said, which would mean women would have to carry the baby to term.

“That’s a very big psychological burden,” Leuthner said. “Simply living day to day with a baby potentially dying inside them, that’s very psychologically damaging.”

Julaine Appling, president of the conservative group Wisconsin Family Action, said concerns similar to Leuthner’s haven’t been borne out in states that passed similar measures.

“It’s not an argument I’ve heard that has legs to stand on,” Appling said. “I just don’t see anything that corroborates his position.”

Ten states have passed 20-week bans, according to the reproductive health think-tank Guttmacher Institute, which depart from the 22–24 week standard of a fetus’ viability outside the womb established by the Supreme Court’s landmark 1973 decision in Roe v. Wade.

According to the most recent information from the state Department of Health Services, roughly 1 percent of abortions in Wisconsin in 2013 occurred after the 20-week mark — 89 of nearly 6,500 abortions performed that year.

The bill’s co-authors Rep. Jesse Kremer, R-Kewaskum, and Senate President Mary Lazich, R-New Berlin, say the bill is aimed at reducing pain in unborn children.

At a press conference Tuesday, Lazich said the ban is “on par with partial-birth abortions” because a fetus aborted after 20 weeks can feel pain.

While some doctors contend fetuses can feel pain after 20 weeks, the American Congress of Obstetricians and Gynecologists says evidence suggests that’s not possible until the third trimester begins at 27 weeks.

Gov. Scott Walker said Monday he’ll sign the bill whether or not it has provisions for pregnancies conceived from rape and incest.

Judge allows felony abuse-of-power case against Rick Perry to move forward

A Texas judge has refused to dismiss a felony abuse-of-power case against former Gov. Rick Perry on constitutional grounds, ruling that criminal charges against the possible 2016 presidential candidate should stand.

District Judge Bert Richardson, who like Perry is a Republican, rejected calls from Perry’s defense team to toss the case because its client was acting within his rights as chief executive of America’s second-most populous state when he publicly threatened, then carried out, a 2013 veto of state funding for public corruption prosecutors.

Richardson wrote that, “Texas law clearly precludes a trial court from making a pretrial determination regarding the constitutionality of a state penal or criminal procedural statute as the statue applies to a particular defendant.”

Perry was the longest-serving governor in Texas history. He chose not to seek re-election last year and left office Jan. 20. He is seriously considering a second run for president after his 2012 White House bid flamed out, however, and says he may announce a final decision as soon as May.

Perry has spent more than $1.1 million of his campaign funds on his defense — and Richard’s ruling means it will likely continue for several more months at least.

Tony Buzbee, one of Perry’s defense attorneys, said in a statement that the former governor “acted lawfully and properly exercised his power under the law” and that his continued prosecution “is an outrage and sets a dangerous precedent in our Democracy.”

Perry was indicted in August on charges of abuse of official power and coercion of a public servant. He is accused of publicly threatening — then making good on — the veto of $7.5 million in state funding for a public corruption division within the office of Travis County District Attorney Rosemary Lehmberg. That came after Lehmberg, a Democrat whose county includes Austin, rebuffed Perry’s calls to resign following her drunken driving conviction.

Texans for Public Justice, a, Austin, left-leaning watchdog group, raised concerns that helped spark the criminal case. The group’s executive director, Craig McDonald, released a statement saying, “The prosecutor and a grand jury have said there’s compelling evidence against Perry. That evidence should be presented in court for all to see. The chances of that happening improved today.”

In a 60-page motion in August, Perry’s attorneys had said the law being used to prosecute him is unconstitutionally vague and decried “attempts to convert inescapably political disputes into criminal complaints.”

Richardson did rule that one of the charges against Perry was vague, but he gave the state time to correct it.

A grand jury in Austin — a liberal enclave in otherwise largely conservative Texas — indicted Perry. If convicted, the former governor faces a maximum prison sentence of 109 years. Perry calls the matter a political witch hunt and says he would issue the veto again if given the chance.

Top national Republicans initially praised Perry and decried the criminal charges against him — but they’ve been less vocal lately.

An exception is fellow Texan and U.S. Sen. Ted Cruz, who’s also mulling a presidential run. The tea party favorite said in a statement that Perry was a friend and a man of integrity and that Richard’s ruling “profoundly undermines the rule of law.”

The special prosecutor assigned to the case, San Antonio attorney Michael McCrum, has said from the start that the case is stronger than it may outwardly appear, and that it should be heard by a jury.

FBI turns animal torture into top-tier felony

Jeffrey Dahmer impaled the heads of dogs, frogs and cats on sticks.

David Berkowitz, known as the “Son of Sam,” poisoned his mother’s parakeet.

Albert DeSalvo, aka the “Boston Strangler,” trapped cats and dogs in wooden crates and killed them by shooting arrows through the boxes.

Studies have shown that young people who torture and kill animals are prone to violence against people later in life, if their behavior goes unchecked. A new federal category for animal cruelty crimes could help root out those pet abusers before their behavior worsens and provide a boost to prosecutions, an animal welfare group says.

For years, the FBI has filed animal abuse under the label “other,” along with a variety of lesser crimes. That makes incidents of cruelty hard to find, hard to count and hard to track.

The bureau announced recently that it would make animal cruelty a Group A felony with its own category. The change puts animal cruelty on the same level as such crimes as homicide, arson and assault.

“It will help get better sentences, sway juries and make for better plea bargains,” said Madeline Bernstein, president and CEO of the Society for the Prevention of Cruelty to Animals Los Angeles and a former New York prosecutor.

The category also will help identify young offenders, and a defendant might realize “if he gets help now, he won’t turn into Jeffrey Dahmer,” she said.

Law enforcement agencies will have to report incidents and arrests in four areas: simple or gross neglect; intentional abuse and torture; organized abuse, including dogfighting and cockfighting; and animal sexual abuse, the FBI said in statement. The bureau didn’t answer questions beyond a short statement.

“The immediate benefit is it will be in front of law enforcement every month when they have to do their crime reports,” said John Thompson, interim executive director of the National Sheriffs’ Association. He worked to get the new animal cruelty category instituted. 

Officers will start to see the data are facts and “not just somebody saying the ‘Son of Sam’ killed animals before he went to human victims,” said Thompson, a retired assistant sheriff from Prince George’s County, Maryland. He said some 70 percent of school shooters abused animals prior to attacking people.

It will take time and money to update FBI and law enforcement databases nationwide, revise manuals and send out guidelines, Thompson said. So there won’t be any data collected until January 2016. After that, it will take several months before there are numbers to analyze.

The new animal cruelty statistics will allow police and counselors to work with children who show early signs of trouble, so that a preschooler hurting animals today isn’t going to harm people two years from now, Bernstein said.

The FBI’s category will track crimes nationwide and is bound to give animal cruelty laws in all 50 states more clout. Many states are seeing more of those convicted of animal cruelty being sentenced to prison, in marked contrast to years past.

Whether talking about state laws or the FBI change, it is clear “that regardless of whether people care about how animals are treated, people — like legislators and judges — care about humans, and they can’t deny the data,” said Natasha Dolezal, director of the animal law program in the Center for Animal Law Studies at Lewis & Clark College in Portland, Oregon.

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FBI turns animal cruelty into top-tier felony

Young people who torture and kill animals are prone to violence against people later in life if it goes unchecked, studies have shown. A new federal category for animal cruelty crimes will help root out those pet abusers before their behavior worsens and give a boost to prosecutions, an animal welfare group says.

For years, the FBI has filed animal abuse under the label “other” along with a variety of lesser crimes, making cruelty hard to find, hard to count and hard to track. The bureau announced this month that it would make animal cruelty a Group A felony with its own category — the same way crimes like homicide, arson and assault are listed.

“It will help get better sentences, sway juries and make for better plea bargains,” said Madeline Bernstein, president and CEO of the Society for the Prevention of Cruelty to Animals Los Angeles and a former New York prosecutor.

The category also will help identify young offenders, and a defendant might realize “if he gets help now, he won’t turn into Jeffrey Dahmer,” she said.

Law enforcement agencies will have to report incidents and arrests in four areas: simple or gross neglect; intentional abuse and torture; organized abuse, including dogfighting and cockfighting; and animal sexual abuse, the FBI said in statement. The bureau didn’t answer questions beyond a short statement.

“The immediate benefit is it will be in front of law enforcement every month when they have to do their crime reports,” said John Thompson, interim executive director of the National Sheriffs’ Association who worked to get the new animal cruelty category instituted. “That’s something we have never seen.”

Officers will start to see the data are facts and “not just somebody saying the ‘Son of Sam’ killed animals before he went to human victims and 70-some percent of the school shooters abused animals prior to doing their acts before people,” said Thompson, a retired assistant sheriff from Prince George’s County, Maryland.

FBI studies show that serial killers like Dahmer impaled the heads of dogs, frogs and cats on sticks; David Berkowitz, known as the “Son of Sam,” poisoned his mother’s parakeet; and Albert DeSalvo, aka the “Boston Strangler,” trapped cats and dogs in wooden crates and killed them by shooting arrows through the boxes.

It will take time and money to update FBI and law enforcement databases nationwide, revise manuals and send out guidelines, Thompson said, so there won’t be any data collected until January 2016. After that, it will take several months before there are numbers to analyze.

The new animal cruelty statistics will allow police and counselors to work with children who show early signs of trouble, so a preschooler hurting animals today isn’t going to be hurting a person two years from now, Bernstein said.

The FBI’s category will track crimes nationwide and is bound to give animal cruelty laws in all 50 states more clout. Many states are seeing more of those convicted of animal cruelty being sentenced to prison, in marked contrast to years past.

Whether talking about state laws or the FBI change, it is clear “that regardless of whether people care about how animals are treated, people — like legislators and judges — care about humans, and they can’t deny the data,” said Natasha Dolezal, director of the animal law program in the Center for Animal Law Studies at Lewis & Clark College in Portland, Oregon.

On the Web

 National Sheriffs’ Association: www.sheriffs.org

 Society for the Prevention of Cruelty to Animals Los Angeles: www.spcala.com

 Center for Animal Law Studies: law.lclark.edu/centers/animal_law_studies

Chicago police arresting for pot despite ordinance

Chicago police are still arresting the vast majority of people caught with small amounts of marijuana despite a city ordinance that allows them to write tickets and send offenders on their way, according to a new study.

About 93 percent of misdemeanor marijuana possession violations resulted in arrest in the city in 2013, the first full year the ordinance was in effect after being passed in 2012, according to Roosevelt University’s Illinois Consortium on Drug Policy.

Police spokesman Adam Collins suggested to the Chicago Sun-Times that the percentage of people receiving tickets instead of being arrested would climb in the future.

“Like any new process, it has taken time to implement the ordinance, and we believe there’s certainly much more work to be done on full implementation,” he wrote in an email to the newspaper. He also noted that there were nearly “5,000 fewer people arrested for low-level cannabis possession in 2013 than in 2011.”

When the ordinance was first passed, supporters — including Mayor Rahm Emanuel and Police Superintendent Garry McCarthy — touted it as a key component of a crime fighting strategy. They said it would enable officers to issue tickets and stay on the street rather than go through the time-consuming process of hauling people to jail.

But researchers found not only that few tickets were being issued, but that the percentage of arrests did not fall as much as in other cities where similar ordinances have been enacted. For example, in nearby Evanston, the number of arrests for small amounts of marijuana fell by almost 50 percent _ more than twice as much as the 21 percent drop in Chicago.

“Where the rubber hits the road is the practice, and there’s a really big disconnect between the policy and the practice,” said Kathie Kane-Willis, the director of the consortium.