Biden pardons thousands of 'simple possession' of marijuana

President Joe Biden is pardoning thousands of Americans convicted of “simple possession” of marijuana under federal law, as his administration takes a dramatic step toward decriminalizing the drug and addressing charging practices that disproportionately impact people of color, reported The Associated Press.

Biden’s move also covers thousands convicted of the crime in the District of Columbia. He is also calling on governors to issue similar pardons for those convicted of state marijuana offenses, which reflect the vast majority of marijuana possession cases.

Biden, in a statement, said the move reflects his position that “no one should be in jail just for using or possessing marijuana.”

“Too many lives have been upended because of our failed approach to marijuana,” he added. “It’s time that we right these wrongs.”

According to the White House, no one is currently in federal prison solely for “simple possession” of the drug, but the pardon could help thousands overcome obstacles to renting a home or finding a job.

 “There are thousands of people who have prior Federal convictions for marijuana possession, who may be denied employment, housing, or educational opportunities as a result,” he said. “My action will help relieve the collateral consequences arising from these convictions.”

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Texas man executed for 2004 killing of store clerk

The 11th Execution of 2022

John Henry Ramirez, the man accused of killing a Corpus Christi store clerk in 2004, was put to death on October 5, 2022, according to the Associated Press.

He was pronounced dead at 6:41 p.m.

Before he died, he issued a statement.

"I just want to say to the family of Pablo Castro, I appreciate everything that y’all did to try and communicate with me through the Victim’s Advocacy program. I tried to reply back, but there is nothing that I could have said or done that would have helped you.  I have regret and remorse, this is such a heinous act.  I hope this finds you comfort, if this helps you then I am glad.  I hope in some shape or form this helps you find closure.  To my wife, my friends, my son, grasshopper, Dana and homies, I love y’all.  Just know that I fought a good fight, and I am ready to go. I am ready Warden."

Castro's son, Aaron, also released a statement quoting Micah 7:18, and added his own thoughts:

"Who is a God like you, who pardons sin and forgives the transgression of the remnant of his inheritance? You do not stay angry forever but delight to show mercy."

"That says a lot. God is the only Judge, jury, and verdict in the end for all of us. Who are we to hold hate, anger, and vengeance on our mind. How is a life beautiful and successful, in your own definition, and pure with LOVE and GOD in your heart, mind, body, and soul. Truth is that things have always been in God’s hands. Know how much we allow the hurtful, cold, tragic death and events and people to enter our souls and heart and how we use this to expel even more peace. Love and mindfulness in our lives is up to us. Peace and Love and justice for Pablo G. Castro may his name not be forgotten, and may God have mercy in J.H.R. for it is not up to us. He is receiving his true judgement with our Lord and Savior. The Alpha and Omega, the beginning and end. A Life taken away is not to be celebrated but closure can definitely take place."

Ramirez eluded police for 3 1/2 years after killing Castro, and eventually was convicted of killing Pablo Castro, who was working at a Times Market on Baldwin Boulevard, in 2008.

This execution date comes after a series of stays in Ramirez’s favor, including the objections of Nueces County District Attorney Mark Gonzalez.

Ramirez’s most recent appeal helped set precedent in the matter of death-row inmates wanting spiritual advisors in the death chamber with them.

The 38-year-old took his most recent appeal all the way to the United States Supreme Court, which decided earlier this year that it would allow Second Baptist Church Pastor Dana Moore pray aloud and lay hands on him during the execution.

"I've pictured myself strapped to that gurney and I picture like what I'm gonna say to his family and what I'm gonna say to my family," Ramirez told 3NEWS in 2017. "And then the warden starts the drug administration and then you start, you start feeling it and it starts taking effect and every time I do that I get 'aww man like anxious my heart starts racing.'"

In an interview with 3NEWS in 2011, he said he is just like anyone else, and admits he made a mistake when he killed Castro.

"I'm not the person they try to portray me to be, you know what I mean?” he said. “I'm just like anyone else. I just messed up. Messed up bad, you know what I mean? And I accept that know what I mean?"

"When I left, Angela was there, she was there during the whole time. She got down on the floor and started going through his pockets and whatever. I guess that's how she got the alleged $1.25 right? I never had nothing to do with that," he said. 

The two women then climbed into the vehicle and left the scene. After a police pursuit that ended in a wooded area on the northside, the women surrendered. Ramirez kept running until someone gave him a ride to a friends home.

"I turn on the tv, the first thing that comes on is breaking news, I don't remember what channel but it was breaking news. All I see is a big picture of myself and it says manhunt. So I was like, "What the hell?" he said. 

Ramirez, now out his drug-induced stupor said the events of the night before started coming back to him.

"I ain't gonna lie to you, I was scared. I didn't know what to do. The only thing coherent thought that I had was run, know what i mean? Run. What else do you do when you're scared? You run," he said. 

Ramirez fled to Brownsville, where he crossed the border and made Matamoros, Mexico, his home for the next three-and-a-half years. He was eventually caught, tried and sentenced to death, after several appeals.

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Mangino a guest on Law and Crime Network

Watch my interviews with Linda Kenney Baden on the Law and Crime Network discussing leading trials across the country. 

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Judge dismisses $10 billion lawsuit by Mexico against gun manufacturers

A federal judge in Boston Friday dismissed the Mexican government’s $10 billion lawsuit against major US gun manufacturers that sought to hold them responsible for illegal trafficking of guns into Mexico, reported Jurist.

A victory for US gun manufacturers, the decision by Chief Judge F. Dennis Saylor held that the claims of Mexico did overcome the broad protection offered by the Protection of Lawful Commerce in Arms Act to the firearm industry. The law shields gun manufacturers from civil liability arising as a result of criminal or unlawful misuse of their products.

Saylor wrote that the federal law “unequivocally” bars lawsuits seeking to hold gun manufacturers liable for misuse of their weapons, and although the law does have some narrow exceptions, none of them are applicable in the present case.

Saylor wrote, “while the Court has considerable sympathy for the people of Mexico, and none whatsoever for those who traffic guns to Mexican criminal organizations, it is duty-bound to follow the law.”

The lawsuit was brought by the Mexican government against seven US gun manufacturers and one gun wholesaler and distributor for a wide variety of practices that knowingly facilitate trafficking of guns into Mexico.

The defendants included some of the major gun makers in the US, such as Smith & Wesson Brands, Barrett Firearms Manufacturing, Beretta USA Corp, Century International Arms and Colt’s Manufacturing Company. Another defendant was Interstate Arms, a Boston-area wholesaler of firearms.

Mexico’s foreign ministry has said that it will appeal the decision of the federal judge and will continue “to insist that the arms trade must be responsible, transparent and accountable, and that the negligent way in which they are sold in the United States makes it easier for criminals to access them.”

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Perception of police influenced by television dramas dominating airwaves

Perhaps one reason why America’s national reckoning on police brutality took so long to arrive is because TV is conditioning its citizens to view cops as reliable heroes, reported Quartz.

Of the 69 scripted television dramas that aired on the big four US broadcast networks (CBS, NBC, Fox, and ABC) in the last year-and-a-half, 35 were about law enforcement, according to a Quartz analysis. CBS was responsible for 16 of those on its own. About 70% of the network’s dramatic programming from 2019-2020 were about cops.

Quartz defined cop shows as any scripted TV drama in which the main characters are law enforcement officers or their allies—including the FBI, private detectives, and military police—and their jobs are integral to the story (think CSI, Blue Bloods, or Chicago PD). The few ongoing cop comedies, like NBC’s Brooklyn Nine-Nine, were not included. Neither were reality shows, such as Cops or Live PD.

For comparison, Quartz included the scripted drama lineups of HBO, a premium cable channel, and the CW, a network aimed at younger viewers. Both had far lower percentages of cop shows than those of the four primary US broadcast networks.

Numerous academic studies over many years have showed that viewing cop shows can leaded to warped views of the criminal justice system and policing. A 2015 study by St. John Fisher College found viewers of these shows are more likely to believe police departments are much more effective in solving crimes than they are in reality. The same study also found that viewers were more likely to believe police misconduct is not a problem, and that officers only use force when necessary.

A 2018 joint report by the racial justice group Color of Change and the University of Southern California found American police shows tend to normalize injustice in the minds’ of viewers. “The Crime TV genre, which reaches hundreds of millions of people in America and worldwide, advances debunked ideas about crime, a false hero narrative about law enforcement, and distorted representations about Black people, other people of color and women,” the report said. It also pointed out that the creators, writers, and show runners of these shows are overwhelmingly male and white.

Not only are there dozens of cop shows across US networks, but several of them are among the most-watched series each year. Cop shows accounted for four of the top 10 and 17 of the top 50 most popular TV series last year, according to Nielsen. NCIS, which has aired on CBS since 2003, averaged 15.3 million viewers each episode—more than ESPN’s weekly National Football League games.

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Pennsylvania Supreme Court Chief Justice Max Baer dead at 74

Pennsylvania Supreme Court Chief Justice Max Baer has died, reported the Administrative Office of Pennsylvania Courts. Justice Baer was a conscientious and dedicated jurist.  I had the pleasure of getting to know Justice Baer during his campaign for the Supreme Court and kept in touch with him over the years.  He was kind and generous with his time.  He will be deeply missed as a justice and as a friend.

Baer, 74, who was first elected to the state’s highest court in 2003, and became chief justice last year after Chief Justice Thomas G. Saylor retired, died at his home in suburban Pittsburgh on Friday, the state court system said in a statement, reported The Pennsylvania Capital-Star.

Justice Debra Todd, who is the longest continuously serving member of the court, will become the first woman to serve as chief justice of the state Supreme Court, the state court system said.

In a statement, Todd said Baer’s death is a tremendous loss for the court and Pennsylvania.

“Pennsylvania has lost a jurist who served the Court and the citizens of the Commonwealth with distinction. Chief Justice Baer was an influential and intellectual jurist whose unwavering focus was on administering fair and balanced justice. He was a tireless champion for children, devoted to protecting and providing for our youngest and most vulnerable citizens,” Todd said.

Gov. Tom Wolf ordered flags to be flown at half staff in Pennsylvania until Baer’s interment.

“I’m extremely saddened to learn that Chief Justice Baer passed away. He was a respected and esteemed jurist with decades of service to our courts and our commonwealth. I am grateful for his contributions and leadership in the Supreme Court,” Wolf said in a statement.

House Majority Leader Kerry Benninghoff, R-Centre, noted Baer was known for his work on behalf of children and families in the legal system.

“His admirable work in the area of foster care, adoption and child advocacy is something that has had a monumental impact on the lives of countless Pennsylvania children and made the dream of becoming a family a reality for many,” Benninghoff said.

House Minority Leader Joanna McClinton, D-Philadelphia, said Baer was “a giant in the Pennsylvania legal community for more than 40 years,” adding that he received numerous accolades for his advocacy on behalf of children.

“Most recently, Justice Baer had been a fierce defender of free and fair elections. I have no doubt that his legacy to Pennsylvania will endure,” McClinton said.

House Speaker Bryan Cutler, R-Lancaster, said Baer served with distinction in his decisions on difficult and weighty issues.

“The chief justice was an honorable man doing a difficult job.  He was respectful, honest and carried himself with dignity and integrity. Those are all the hallmark qualities of a true public servant, regardless of title or position,” Cutler said.

A graduate of Duquesne University Law School, Baer started his legal career in 1975 as a deputy state attorney general. After practicing law privately, Baer was elected to the Allegheny County Court of Common Pleas in 1989.

As chief justice, Baer oversaw the court’s decisions in pivotal cases stemming from changes in Pennsylvania’s election law, upholding the General Assembly and Wolf passed legislation to allow voting by mail.

He also led the court’s 4-3 decision selecting Pennsylvania’s new congressional map after Wolf vetoed the plan passed by the Republican-controlled state legislature. 

Baer also joined in Justice Kevin Dougherty’s dissenting opinion in the case where the Supreme Court threw out disgraced actor Bill Cosby’s sexual assault conviction and prison sentence. 

Dougherty and Baer reasoned that, although the Montgomery County District Attorney’s Office improperly used testimony Cosby provided in a civil case after former District Attorney Bruce Castor agreed not to prosecute Cosby, the remedy was to suppress that evidence rather than making him immune to prosecution.

“We should not use Castor’s ‘blunder’ to place Cosby in a better position than he otherwise would have been in by forever barring his prosecution,” Doughery wrote.

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The real crime threat is the lack of reliable crime data

Crime is on the political agenda in a big way this year, with Republicans zeroing in on it as their favorite topic now that gasoline prices are moderating, reported Bloomberg.

Which naturally raises the question: Is crime rising? To which the shocking answer is — nobody knows. Not because anything unusual is happening, but simply because the usual state of America’s information on crime and policing is incredibly poor.

Contrast this state of affairs with the amount of data available on the US economy. There are monthly updates on job creation, the unemployment rate and multiple indexes of inflation. Commodity prices are publicized on a daily basis. Reports on gross national product come out quarterly, with timely revisions as more data comes in. Policymakers benefit from a deeply informed debate, enriched by commentary from academics and other observers.

But on crime the US is, to a shocking extent, flying blind. As a July report from the Brennan Center for Justice noted: “More than six months into 2022, national-level data on crime in 2021 remains unavailable.”

There is some data. In America’s largest cities, the murder rate rose in 2021. And since national crime trends almost invariably follow the trends observed in this sample of 22 cities, analysts are confident that there was a nationwide increase in murders last year. It’s also very likely that there was an overall increase in shootings and violent assaults. But beyond that, it’s hard to say.

It’s possible to draw sharper conclusions by going back to 2020, the most recent year for which there is official data. The FBI’s Uniform Crime Reporting program makes clear that there was a very large increase in murdering in 2020. It also shows that the rise took place across the board — murders rose 20% in rural counties and 20% in suburban ones, so whatever went wrong can’t be pinned entirely on “Democrat mayors” or big-city politics.

That said, the increase in central cities with 250,000 or more people was even larger — about 34%. With hard numbers rather than statistical imputations in hand, it’s clear both that there was a city-specific problem — presumably related to the fallout from George Floyd’s murder and the subsequent national wave of protests — and that whatever that problem was, it doesn’t explain the majority of the increased killings.

For 2021, the picture gets much fuzzier. Murder rose in big cities, but by a much smaller amount than it did the prior year. And in smaller communities? Who knows.

For 2022, researchers tell me the best source is the data assembled by a private company called AH Datalytics. Its team basically looks at 92 large cities that publicly report murder data in a somewhat timely matter and puts the numbers into a spreadsheet. This ends up pretty messy, since as of this writing some cities (Kansas City, Washington) have updated information from as recently as Sept. 14, while others (San Antonio, Shreveport, La.) are updated only to March 31. And of course this rough-and-ready calculus doesn’t allow for comparison of crime trends in central cities with suburbs and rural areas.

Nonetheless, for the record, murder is running at a pace that’s about 3.5% lower this year than last year.

The dearth of information is a problem not only for rigor-minded policymakers. It also leaves the political arena open for manipulation by demagogues. Since nobody actually knows in real time what’s happening, anecdotes can just stand in for made-up fears. Since the very real murder surge of 2020 now has people primed to believe “crime is out of control” narratives, any particular instance of violence can be used to support that story.

What all this anecdata fails to recognize is that the US is a gigantic country, so even in a very low-crime year like 2014, there were multiple people being murdered every day. A person could have issued daily updates painting a terrifying portrait of life in the US even at a time when violence was at its lowest ebb.

By the same token, when murder really was soaring in 2020, it was easy for progressives to stay in ideologically convenient denial for far too long, since it was genuinely impossible to actually prove that it was happening until much later. The people who dismissed the anecdotal evidence of rising crime were, in that case, mistaken. But the Republicans who are stoking fears of rising crime right now also appear to be mistaken. And the lack of information about geographical patterns in murder trends means no one has much ability to assess what social or policy factors may be in play.

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