Friday, October 01, 2004
Judge and Executioner
Here's a paradox: living in Washington, DC is never boring, yet always boring. By its very nature as the center of government, something is always happening. Yet the same type of something happens so often as to nearly render it moot, meaningless, humdrum.
Arriving at work this morning, though, I came across three vital emails among my inbox jumble. Taken together, they set the starkest of paradoxes in the ongoing battle to legalize the use of marijuana for medical purposes.
The first, sent by a co-worker, announced that the Supreme Court had set a Nov. 29 date to hear Raich v. Ashcroft, the most important medical-marijuana case in history. The second email announced an Oct. 5 Americans for Safe Access (ASA) rally to legalize medical marijuana. The third, from a friend, alerted me to a Washington Post story describing the circumstances leading to the death of a quadriplegic DC inmate who was jailed for a first-ever arrest -- for marijuana possession.
The story told by these emails is a paradox of hope contrasted so transparently against one man's tragic, heart-wrenching, maddening, and infuriating death. It is, for me, a paradox of the urgent need for drug-policy reform set against perhaps the worst example of a government gone mad against marijuana since the 2000 death of author Peter McWilliams, a hero to me and thousands of others.
A Tragic Case
When Jonathan Magbie was a boy, a drunk driver plowed into him and left him unable to move his arms or legs or breathe on his own, according to the Post. Magbie relied on constant help relatives and an electric wheelchair, which he controlled with his chin.
Magbie was arrested more than a year ago for possession of marijuana. He was in a car at the time of his arrest. Police found cocaine and a gun in the car. Though the Post does not explicitly mention that Magbie was not driving, nor that the gun was not Magbie's, the man could move nothing but his head -- making it safe to assume he was a passenger in a car in which someone else was transporting a gun.
Magbie was finally tried on the marijuana charge 11 days ago. As a first-time offender in DC, according to the Post, he could expect to receive probation. What he received, though, amounted to a death sentence.
Before aptly named DC Superior Court Judge Judith E. Retchin, Magbie admitted to possessing marijuana. Though he had nothing to do with the gun, Retchin told him that "it is just unacceptable to be riding around in a car with a loaded gun in this city." Further, Retchin learned that Magbie had "told pre-sentence investigators that he would continue using [medical marijuana], which he said made him feel better."
Based on this information, Retchin sentenced Magbie to ten days in DC jail -- where able-bodied inmates are sometimes killed -- and where disabled and sick prisoners sometimes die of neglect after being subjected to brutal, absent and reckless treatment.
Who to Blame?
Almost predictably, Magbie died half-way through his ten-day sentence.
So who, in our pass-the-buck world, is responsible for Magbie's death?
"I certainly would not say [the jail] killed him or any conclusion like that," said Philip Fornaci, executive director of the D.C. Prisoners' Legal Services Project, which assists the incarcerated. "But it certainly seems likely that he wouldn't have died if he hadn't gone to jail."
As for the woman who sent Magbie to jail, Judge Retchin issued a statement sending her "deepest sympathy to Mr. Magbie's family."
Such sentiments would likely carry meaning from one who truly meant it. But Retchin's history of handing out "stiff sentences" -- along with comments she made in prosecuting former DC mayor Marion Barry for drug offenses in 1990, show Retchin to be a cruel drug-war zealot.
In prosecuting Barry, Retchin, then an assistant U.S. attorney, used hearsay made by shady sources to convince jurors that the mayor had "allegedly used drugs roughly 200 times" and "said that if the war against drugs is truly a war," then Barry was a traitor, according to a Post article at the time.
So while the mayor was found guilty in part based on hearsay pushed by Retchin, Magbie earned what would be a death sentence for using medical marijuana, for saying he would continue to use it because it helped him, and for being a quadriplegic who was driven around by the wrong person.
Retchin claims sympathy for Magbie's family. But sympathy is found in the heart -- an organ needed for life, sure -- but one that, paradoxically, Retchin has gotten by without for so many years.
My friend who emailed the Post article correctly notes that Retchin's indefensible defense "is essentially the Nuremberg Defense."
This Must Stop
Magbie's tragic and unnecessary death shows exactly why gatherings the like ASA rally next week and, even more so, the Supreme Court's upcoming Raich v. Ashcroft case could prove to be seminal events not just in changing policies but in saving peoples' lives.
A federal government gone mad. A cavalier judge enforcing its murderous policies. The death of an innocent man. A rally to change marijuana policies. And a court case that could put a stop to the madness.
Magbie's September death, ASA's October rally, and November's Supreme Court hearing of Raich v. Ashcroft paint a paradox rare for its severity, urgency and meaningfulness.
There is paradox, too, in that the critical decisions made in the nation's capital over the next few months could yield some truly extraordinary and lifesaving drug-policy reforms across the country.
It's too late for Peter McWilliams, Jonathan Magbie, and hundreds of other ill Americans who have died at the hands of government prosecution and intimidation -- all for nothing more than using medical marijuana. But with the lives of tens of thousands of Americans hanging in the balance, the push to legalize medical marijuana during the next few months could not be more crucial.
Please click here to learn more about medical marijuana.
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