Pubdate: Thu, 27 Oct 2011 Source: Dallas Morning News (TX) Copyright: 2011 The Dallas Morning News, Inc. Contact: http://www.dallasnews.com/cgi-bin/lettertoed.cgi Website: http://www.dallasnews.com/ Details: http://www.mapinc.org/media/117 'MONEY TALKS' IS NO WAY TO DETER DRUG TRAFFICKERS In recent years, small-town police and prosecutors along smuggling corridors in Texas have had a field day seizing the assets of motorists accused of drug-related offenses. We don't quibble with vigorous law enforcement - except when the pursuit of money overtakes justice as the main goal. In Shelby County and the town of Tenaha, southeast of Tyler, seizure practices have crossed way over the line. Now a federal investigation could land District Attorney Lynda Kaye Russell and other officials in court to answer for questionable practices that had the effect of encouraging drug traffickers while striking fear into the law-abiding public. Shelby County includes a stretch of U.S. Highway 59 that is popular as a northbound drug smuggling route. Russell allegedly engineered an income-generation system in which accused traffickers could buy their way out of prosecution by simply handing over the cash in their possession. Over several years, the program netted more than $1 million for the county, and its former auditor has testified that part of the seized money was spent on campaign materials, parades and gifts. Exactly what deterrent did Russell think she was conveying? The message that traffickers probably got is that money talks in Shelby County, and a little cash can buy a lot of freedom to continue moving drugs. In one 2006 instance, a Tennessee man was caught transporting nearly 40 pounds of cocaine and more than $80,000 in cash. Prosecutors struck a cash-for-freedom deal and let him walk. Federal officials took the rare step of intervening, and now the man is serving a 15-year prison sentence. The asset-forfeiture practice encouraged other adventures in which police began stopping motorists for minor offenses such as burned-out license plate lights, then concocting suspicions of drug activity to justify a search. If large amounts of cash were discovered during the search, police immediately produced paperwork giving motorists two choices: relinquish the money and go free or face arrest on money-laundering charges and deal with all of the expenses and hassles related to prosecution. Those who paid typically were allowed to leave without even receiving tickets for the offenses that originally prompted the traffic stop. There was one additional detail: Minorities were targeted disproportionately. State Sen. John Whitmire, D-Houston, was so outraged that he pushed through a bill this year specifically to ban the procedures that went awry in Shelby County. The Legislature approved, and it became law on Sept. 1. Suddenly, according to court documents, searches of minority motorists in Shelby County are way down. Russell, who has been district attorney since 1999, says she will resign at the end of the year, citing family reasons. Nevertheless, federal investigators must not let up. It's time for law enforcers around Texas to get the message that badges and prosecutorial privileges do not constitute a license to abuse the law. - --- MAP posted-by: Richard R Smith Jr.