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.
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