Sorry, but I’m having a hard time conjuring up any sympathy for these guys. They’re due to be sentenced this week. To put it into perspective, all three are expected to receive about the same sentence as Ryan Frederick. 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.
UPDATE: Via the AJC:
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.
With the passing of the smoking ban, Virginia demonstrates that, when it comes to individual liberty, its ongoing urbanization renders it just another Mid-Atlantic nanny state like New Jersey, Maryland, and New York. I don’t need to rehash the libertarian arguments against smoking bans in private establishments. I will, however, note the following:
It’s time to stop pretending our self-important, philosophical civics lessons wrapped in political activism work. Our outrage at the state, heartfelt as it may be, is not nearly enough to constitute the necessary resistance, nor is the rhetoric it produces adequate to the task of appealing to our fellow man. We have to start showing people that this is not a game: passing superfluous and intrusive laws pits men trained in violence and suppression against peaceful people. Confront the nanny staters directly with the means they’ve chosen to promote their agendas and ask them why they want to threaten, hurt, and even kill us and our fellow human beings. The stakes are too high to treat this as a friendly debate about ideas.
For its cover story this week, the Washington Post Sunday Magazine ran a terrific feature on the case of Cheye Calvo, the Berwyn Heights, Maryland mayor who’s home was raided and two black labs were slaughtered by Prince George’s County police during a botched drug raid last summer. Calvo and his wife unknowingly received a package of marijuana as part of a drug smuggling scheme. The SWAT team pounced shortly after Calvo’s mother-in-law brought the package in the house.
Calvo and his family have since been cleared of any wrongdoing, and Prince George’s County officials have at least apologized for wrongly raided their home, but the county and the police still adamantly insist they did nothing wrong, have refused to apologize for killing Calvo’s dogs, and have said they’d do nothing differently if they had the whole thing to do again.
The Post piece tugs at the heartstrings—more than a few people who sent it to me said it had them in tears. It also reads as strong critique of the drug war, or at least of this particular highly-militarized method of fighting it. The piece devotes quite a bit of copy to Overkill, the 2006 paper I wrote for the Cato Institute on the rise in the use of SWAT teams and paramilitary police tactics, and even inspired a stirring editorial in defense of the Fourth Amendment by the magazine’s editor, Tom Shroder.
The piece also uncovered some previously unreported information about the case.
This passage, for example, picks up shortly after the police had “secured” the house, and Calvo’s peering out his window.
At one point, Cheye recalled, he noticed a familiar uniform in the growing crowd on lawn. Berwyn Heights police officer Pvt. Amir Johnson had been patrolling the neighborhood when he passed the mayor’s house and saw officers dressed in tactical uniforms coming out the front door. He stopped. (Berwyn Heights and Prince George’s police have overlapping jurisdictions within town limits.)
“The guy in there is crazy,” Johnson remembered a Prince George’s County officer telling him when he arrived. “He says he is the mayor of Berwyn Heights.”
“That is the mayor of Berwyn Heights,” Johnson replied.
The detective looked very surprised, Johnson later recalled: “He had that ‘Oh, crap’ look on his face.”
In this passage, when the Berwyn Heights police chief (who wasn’t notified of the raid) calls the cops at the scene to find out what happened, Prince George’s narcotics detective David Martini flat-out lies to him:
At home in St. Mary’s, Murphy dialed the cellphone of his second-in-command, now standing on the mayor’s front lawn. Murphy’s officer handed the phone to a Prince George’s narcotics investigator, Det. Sgt. David Martini.
This is how Murphy later recalled their conversation:
“Martini tells me that when the SWAT team came to the door, the mayor met them at the door, opened it partially, saw who it was, and then tried to slam the door on them,” Murphy recalled. “And that at that point, Martini claimed, they had to force entry, the dogs took aggressive stances, and they were shot.”
“I later learned,” Murphy said in an interview, “that none of that is true.”
Finally, this passage is so infuriating it’s almost comical:
It was about 7:45 p.m. when Trinity turned her 1997 Suburu Outback with the kayak rack on top onto Edmonston. The road was so jammed with police vehicles that she couldn’t reach her driveway. Assuming that the house had been robbed, Trinity abandoned her car and searched frantically for any sign of an ambulance.
“Is my husband okay?” she asked when Ken Antolik met her near her front gate. “Is my mom okay?
“Yes,” he told her. “They are in the house.
Then it struck her. It was too quiet. She didn’t hear dogs barking. She knew, even before she asked: “Payton and Chase?”
“I’m sorry,” he said.
Trinity collapsed against his chest. A female officer eventually came and led her gently around to the back door. Trinity started in to find her husband and mother, then saw blood. There was so much blood. There was blood pooled near the door. Officers were tracking her dead dogs’ blood all over the house. She backed outside.
“I remember sitting on the steps thinking, ‘I’m never going to be able to live here again,’ ” Trinity recalled.
“I found something,” Georgia heard a detective yell excitedly. The woman held a white envelope filled with cash. Inside, was $68. Across the front of the envelope were written two words: “yard sale.”
The detective seemed crestfallen, Georgia said. Georgia, who had been moved, still bound, into the downstairs bedroom, says she overheard the woman saying something like: “It’s my first raid, and we got the mayor’s house.”
Calvo and the article’s author, April Witt, just completed a live chat at the Washington Post’s website.
You download a free copy of Overkill here. My work on police militarization for reason here, and on cops killing dogs here. Prior post on the Calvo raid here.