JustGetThere

American Drug War - The Last White Hope

AMERICAN DRUG WAR shows how money, power and greed have corrupted not just drug pushers and dope fiends, but an entire government. 35 years after Nixon started the war on drugs, we have over one million non-violent drug offenders living behind bars. The War on Drugs has become the longest and most costly war in American history, the question has become, how much more can the country endure? Inspired by the death of four family members from "legal drugs" Texas filmmaker Kevin Booth sets out to discover why the Drug War has become such a big failure.

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Raw Story | On Thursday, a Denver news station interviewed Chris Bartkowicz about his medical-marijuana operation in the basement of his home. Bartkowicz, confident of his compliance with state laws, boasted of its size and profitability.

"I'm definitely living the dream now," he told 9News.

The following day, the dream was over.

Drug-enforcement agents raided his home, placed him under arrest, and carried off dozens of black bags of marijuana plants and growing lights.

The Obama administration promised in October that the federal government would respect state laws allowing the growing and selling of marijuana for medicinal use, but the Drug Enforcement Agency sent a loud message with the arrest of Bartkowicz.

"It's still a violation of federal law," said Jeffrey Sweetin, the DEA special agent in charge of the Denver office. "It's not medicine. We're still going to continue to investigate and arrest people."

The United States Attorney's office will decide Tuesday if charges will be filed against Bartkowicz.

In an interview from his jail cell, Bartkowicz said he believes the DEA is making an example of him. He would never have exposed himself if he believed his business was illegal.

"If I knew what I was doing was illegal, I would have never made a public display of myself," he said. "I would not have put myself in the line of fire if I was knowingly violating the law."

Sweetin wasn't surprised by Bartkowicz' confidence.

"According to him and according to what he's seen on the news, he probably believes he is legal," Sweetin said.

And according to Sweetin, it isn't just growers who face arrest. The dispensaries are next on the list.

"The time is coming when we go into a dispensary, we find out what their profit is, we seize the building and we arrest everybody. They're violating federal law; they're at risk of arrest and imprisonment," he said to The Denver Post. "Technically, every dispensary in the state is in blatant violation of federal law."

Deputy U.S. Attorney General David Ogden told federal agents in an October memo to not target people in "clear and unambiguous compliance with existing state laws providing for the medical use of marijuana."

Sweetin said the memo does nothing to change federal law, which makes marijuana illegal.

The difference between the Obama administration's stated mission to end the "war on drugs" and the actual enforcement of that policy by DEA agents may not come as a surprise to those who have seen the Office of National Drug Control Policy's (ONDCP) budget for fiscal year 2011.

"We're not at war with people in this country," Obama's drug czar Gil Kerlikowske told The Wall Street Journal in May.

But according to 2011 funding "highlights" released by the ONDCP (PDF link), the Obama administration is expanding the drug war and tilting its funds heavily toward law enforcement over treatment.

During the interview in his jail cell, Bartkowicz said he realized his arrest is the center of a national debate and defended his right to publicly declare his business.

"I'm the poster boy now," he said. "If I am legal, why should I be in the shadows?"

Daily Paul Liberty Forum | William Randolph Hearst, who arrived on the scene in 1887, was already in control of the headlines on a day-to-day basis because of his efficient business practice within the industry. He was able to produce his Newspapers at next to nothing by manufacturing the tree pulp used and controlling the channel of production down to his papers, the San Francisco Examiner, and eventually the New York Journal (Which became a leading Newspaper).

He teamed up with Henry Dupont to manufacture the ink used in the New York Journal and the partnership began to grow.

ALONG CAME HEMP

Hemp grows 4 times faster than the timber used for tree pulp by Hearst.

Hemp grows annually and can be grown more times

Hemp produces a better quality paper.

Hemp can be grown in any region of the United States.

Since Hemp grew so fast and it grew in every region, Hearst could not stop the middle class farmer from decentralizing the industry. Hearst knew that he could not provide the intellectual property to keep Hemp from destroying his industry and replacing it with middle class producers.

In other words he was afraid of the free market. He was afraid of us… he had to stop it!

Dupont and Hearst knew then that not many Americans understood the difference between Hemp and Cannabis. So they used it against the Americans by claiming Cannabis will make you rape and kill your sister if smoked, illustrating the dangers of inhaling by using grim reapers in their newspapers with joints. And people believed it!

Time and Time again they would use this propaganda through the New York Journal, claiming that Mexicans bringing Marijuana across the border would sleep with White Wives and take White Jobs. They were also saying this about Black Americans who took up smoking and started the Jazz movement.

Dupont’s banker was Andrew Mellon, Mellon bank of Pittsburgh (5th largest bank at the time). Andrew Mellon had a Nephew, Harry Anslinger. Andrew Mellon financially backed Anslinger and threw all of his weight into convincing the U.S. treasury that Marijuana is dangerous and it should be heavily regulated by way of taxation and prohibition.

The treasury could use a program that would generate that much income for the government so in June of 1930 the treasury gave birth to the Federal Bureau of Narcotics.

Ansligner hated Mexicans, Blacks, and Cannabis. He was on a mission to eliminate all of them. Immediately Ansliger waged war on Cannabis regurgitating claims made by Hearst in his Newspapers. (Success stories followed in the New York Journal).

Then, in 1937 Anslinger approached congress with intent to fully regulate all Cannabis. The entire meeting was comprised of Ansliger making emotional outbursts and attempting to offer evidence, all of which was newspaper clippings out of Hearst’s Newspapers.

With the exception of one congressman, all agreed and the act passed, Marijuana became criminal giving birth to the Drug War.

Not to mention Hearst, Dupont, and Mellon were all filthy rich now and had their hands in official pockets.

But the story doesn’t stop here. Andrew Mellon had to study the enemy, He saw what happened with Alcohol Prohibition and he knew it wouldn’t be long before the public caught on.

Mr. Mellon then financed Pharmaceutical companies through government grants and private equity to try to create a synthetic substitute for the over 60 different medicinal properties Cannabis contains. (They have yet to accomplish this goal)

If you look into the history you will find that fossil fuels would have never existed if it wasn’t for this intervention in the market place.

CANNABIS CAN SUPPLY THE ENTIRE NATION WITH ENERGY ON ONLY 1% OF U.S. LAND. ALL CARBON CLEAN.

(AND REMEMBER IT GROWS EVERYWHERE)

This is where the Federal Reserve comes in. The Federal Reserve System does not want to see the decentralization of resources towards localism because if that were to happen the Fed would lose a stronghold on the liquidity pools it artificially creates. It would also mean they couldn’t use the Carbon Tax to consolidate wealth across the world.

With Cannabis being legal and having over 25,000 uses there would be no way to compete against local and more sustainable banks.

So, the Federal Reserve uses banks like the Mellon to fund the DEA and keep money flowing and keep marijuana illegal. The Fed knows that with Cannabis being legal our GDP would boom but not in favor of large monopolies like the FED, but quite the contrary.

This is why I always say...the day we legalize it is the day we end the FED!

Mike Ruppert, a former narcotics detective, explains how the U.S. gov't deliberately starts wars with smaller nations of color, that have poppies and oil, so as to steal their natural resources. Cocaine and heroin are their biggest products for worldwide distribution.

AMERICAN DRUG WAR by Austin filmmaker Kevin Booth, shows how money, power and greed have corrupted not just drug pushers and dope fiends, but an entire government. More importantly, it shows what can be done about it. This is not some 'pro-drug' stoner film, but a collection of expert testimonials from the ground troops on the front lines of the drug war, the ones who are fighting it and the ones who are living it.

By Gordon Duff

NoOneHasToDieTomorrow | News out of Afghanistan, Pakistan and India reports massive corruption at the highest levels of government, corruption that could only be financed with drug money. In Afghanistan, the president's brother is known to be one of the biggest drug runners in the world.

In Pakistan, President Zardani is found with 60 million in a Swiss Bank and his Interior Minister is suspected of ties to American groups involved in paramilitary operations, totally illegal that could involve nothing but drugs, there is no other possibility.

Testimony in the US that our government has used "rendition" flights to transport massive amounts of narcotics to Western Europe and the United States has been taken in sworn deposition.

American mercenaries in Pakistan are hundreds of miles away from areas believed to be hiding terrorists, involved in "operations" that can't have anything whatsoever to do with any CIA contract. These mercenaries aren't in Quetta, Waziristan or FATA supporting our troops, they are in Karachi and Islamabad playing with police and government officials and living the life of the fatted calf.

The accusations made are that Americans in partnership with corrupt officials, perhaps in all 3 countries, Afghanistan, Pakistan and India, are involved in assassinations, "unknown" criminal activities and are functioning like criminal gangs.

There is no oil. There is nothing to draw people into the area other than one product, one that nobody is talking about. Drugs.

The US got involved in massive drug operations, importation, processing and distribution during the Reagan years, supposedly to finance covert CIA operations involving death squads tasked with murdering Sandinista "infrastructure" in Nicaragua.

The deal involved Israel, Iran and the Colombian cartel. Saddam was even involved. In the end, President Reagan was put on the stand only to remember little or nothing of his tenure in office. Lt. Col. Oliver North was convicted as was Secretary of Defense Weinberger and many others. Pardons and "other methods" were used to keep the guilty out of jail.

Now we find what was supposed to be a CIA operation with one company only, Xe, operations that were meant to hunt a couple of terrorist/Taliban leaders in and around Quetta, a city of 1 million in remote Baluchistan has turned into a honeycomb of operations involving millions of dollars and personnel of all kinds, perhaps even ranking diplomats and high government officials, the highest.

The cover of hunting terrorists in remote areas with hundreds of armed men in cities on the other side of the country, cities filled with 5 star hotels, country clubs, polo, cricket and fine restaurants is not really cover, even by CIA standards.

The reports, bribes, actions that look and smell like drug gangs at work, tell a story that nobody wants to talk about.

With 50 billion dollars of opium from Afghanistan alone and crops in Pakistan and India also, managing the world's heroin supply is, by my estimation, how all of this "muscle" is staying busy. When you see a black van full of armed men, is there a sign somewhere saying:

"We are counter terrorists working for the Central Intelligence Agency and we are only in town here, hundreds of miles from the nearest terrorist because we need a hot shower and to get a noise in the transmission checked out."

Everyone can choose to believe what they want. It's time we stopped lying. Its about drugs, always has been, always will, drugs and money. It buys men, it buys guns and it can buy governments and has, as anyone with eyes can see.
____

By Erin Rosa

Global Research | While the nation’s economy flounders, business is booming for The GEO Group Inc., a private prison firm that is paid millions by the U.S. government to detain undocumented immigrants and other federal inmates. In the last year and a half, GEO announced plans to add a total of at least 3,925 new beds to immigration lockups in five locations. The Immigration and Customs Enforcement (ICE) agency and the U.S. Marshals Service, which hire the company, will fill the beds with inmates awaiting court and deportation proceedings. GEO reported impressive quarterly earnings of $20 million on February 12, 2009, along with an annual income of $61 million for 2008—up from $38 million the year before. But the company’s share value is not the only thing that’s growing. Behind the financial success and expansion of the for-profit prison firm, there are increasing charges of negligence, civil rights violations, abuse and even death.

Detaining immigrants has become a profitable business, and the niche industry is showing no signs of slowing down. The number of undocumented immigrants the U.S. federal government jails has grown by at least 65 percent in the last six years. In 2002, the average daily population of immigration detainees was 20,838 people, according to ICE records. By 2008, the average daily population had grown to 31,345.

Since 2003, more than a million people have been processed through federal immigration lockups, which are part of a network of at least 300 local, state and federal lockups, including seven contracted detention facilities. GEO operates four of those seven for-profit prisons.

Numerous investigations and reports have documented problems at GEOs immigration detention facilities.

At the company’s Northwest Detention Center in Tacoma, Washington, federal prosecutors charged a GEO prison administrator in September 2008 with “knowingly and willfully making materially false, fictitious, and fraudulent statements to senior special agents” with ICE, according to court filings. A February 2008 audit found that over a period of more than two years ending in November 2005, GEO hired nearly 100 guards without performing the required criminal background checks. The GEO employee responsible, Sylvia Wong, pleaded guilty. In the plea agreement the federal government stated that Wong falsified documents “because of the pressure she felt” while working at the GEO lockup to get security personnel hired at the detention center “as quickly as possible.”

Two months before the fraud charges, a study by the Seattle University School of Law and the nonprofit group OneAmerica reported that conditions at the Tacoma facility violated both international and domestic laws that grant detained immigrants the right to food, due process and humane treatment.

Federal immigration officials have the authority to incarcerate undocumented immigrants, asylum-seekers, and even lawful permanent residents while they await hearings with immigration judges or appeal decisions. ICE reports the average length of stay is 30 days, but detentions can last years, according to a November 2008 ICE fact sheet.

Pramila Jayapal, executive director with OneAmerica, took part in interviewing a random sample of more than 40 immigrants detained at the Northwest Detention Center, which holds approximately 1,000 immigrants at any given time.

“It’s a very giant concrete box. It’s just like a jail,” said Jayapal. “You’re only supposed to meet in the client area, which is only a few rooms.”

One inmate from Mexico, Hector Pena-Ortiz, told interviewers that guards had interrogated and handcuffed him twice, demanding that he sign immediate deportation papers despite the fact that he had a pending appeal. Under federal law, immigrants cannot be deported from the United States if their immigration legal cases are still pending. During one of the incidents, guards admitted to having a file on the wrong inmate, Pena-Ortiz said.

In addition to violations of legal rights, inmates cited food as a major concern. The vast majority of the 40 prisoners interviewed at the facility said rations were inadequate and sometimes rotten. Inmates with financial resources depended on food bought from the lockup’s commissary. Others went hungry. A man identified in the study as “Ricardo” said he had lost 50 pounds of his original 190-pound weight since arriving at the detention center.

ICE officially denied the claims in the report, but in 2005, annual agency inspections at the Northwest Detention Center documented problems with the quality and quantity of food and found that some meals were so poor, guards had to collect and replace them.

Looking for opportunities

The Tacoma lockup, site of the most recent GEO controversy, is located on top of a former toxic waste dump that borders coastal wetlands near the Port of Tacoma, Washington. In August 2008, the firm announced plans to expand its 1,030-bed Northwest Detention Center to 1,575 beds, “to help meet the increased demand for detention bed space by federal, state, and local government agencies around the country.”

Just four months after GEOs announcement, ICE notified government contractors that the agency was looking for a contractor-owned and -operated detention facility. According to federal procurement data, the new facility should be capable of providing 1,575 beds—the same number GEO was set to build—to be completed no later than September 2009—the same date GEO had set for the completion of its own construction project.

Lorie Dankers, ICE spokeswoman in Washington State, implied that the similarity in numbers and date was a coincidence. “I would never comment, nor have I in the past, on what GEO is doing and why they’re doing it. That’s a business decision that GEO made,” said Dankers. “To insinuate that there was some kind of connection, or that they has some inside information as to the request, that would be incorrect.”

Dankers added that ICEs request for more space is still in the “pre-solicitation” phase, meaning that there is no guarantee a contract will be offered, and the agency is simply requesting information from contractors to “gauge interest.”

“I don’t have any information one way or the other as to what would happen,” Dankers said. “I think often times, if I had to speculate, they see where there’s a need. I think they’re always looking for opportunities.”

Canceled contracts

And opportunities, like prisoners, abound. GEO owns more than 62,000 prison beds in the United States, with approximately 3,000 beds used for detained immigrants. The company also claims a global market share of 25 percent of the private corrections industry. Currently, the Northwest Detention Center incarcerates immigrants mainly from Oregon, Washington and Alaska, according to Dankers.

In the last five years, criminal immigration prosecutions have surged by 388 percent according to federal court data obtained by the Transactional Records Access Clearinghouse at Syracuse University in New York. The most recently available court information shows that there were 11,454 prosecutions in September 2008 alone. Adding to GEOs profitability and prospects are immigration laws introduced in the 1990s, the expanding use of immigration detention without bond, and a greater emphasis on prosecutions after 9/11.

The company’s relationship with government officials has also proven valuable in winning corrections contracts.

In 2006, while on the state payroll as director of prisons at the Colorado Department of Corrections, Nolin Renfrow helped GEO obtain a $14 million-per-year contract to detain 1,500 inmates in a proposed state prison project in the northern part of the state. Renfrow was moonlighting for GEO—with an expected compensation of $1 million—when a 2007 state audit and news reports uncovered the public servant’s business deal.

The audit found that Renfrow’s actions could “arguably present a conflict of interest and result in a breach of ... the public trust,” because state law prohibited an “employee from assisting any person for a fee or other compensation in obtaining any contract.”

The county district attorney with jurisdiction over Renfrow declined to press criminal charges, but in the wake of the scandal, officials with the state’s corrections department rescinded the contract.

Prisons as money makers

Immigrant facilities are not the only GEO lockups that have sparked claims of negligence and abuse.

In 2007, the firm settled a lawsuit with the family of an inmate for $200,000. LeTisha Tapia, a 23-year-old woman incarcerated at the GE0-owned Val Verde Correction Facility in southern Texas, told her family in July 2004 that she had been raped and beaten after being locked in the same cell-block with male inmates. Shortly after, she had hung herself in her cell. The nonprofit Texas Civil Rights Project sued GEO on behalf of Tapia’s family.

“The jail drove this young woman to kill herself,” charged the family’s attorney, Scott Medlock, in a February 15, 2006 press release from the Texas Civil Rights Project. “GEO cuts corners by hiring poorly trained guards, providing inmates with cut rate medical care, and running their facility in a grossly unprofessional manner.” Citing confidentiality provisions in the settlement, Medlock refused further comment.

More recently, in 2008, civil liberties attorneys sued the company for failing to provide adequate medical attention to inmates outsourced from Washington, DC, to the Rivers Correctional Institute, located in North Carolina and overseen by GEO through a contract with the federal Bureau of Prisons. That same year, Idaho state authorities removed 125 inmates from a GEO prison after an investigation—spurred by the suicide of a detainee at the facility—revealed poor staff training and healthcare.

“Pretty immediately when people started going to Rivers we started to get letters about how bad the healthcare was, and just how people were really scared of dying there,” said Deborah Golden, an attorney with the DC Prisoners Project, a group that is representing inmates in the legal case against GEO. One inmate named in the report, Keith Mathis, claims he was denied medical treatment for a cavity until the tooth became infected and caused an open ulcer on his face that eventually “burst open,” requiring surgery and three days hospitalization.

“The more we looked into the situation the more we realized it was a systemic problem,” said Golden. “I suspect that it’s a pattern all over. When you try to run prisons as money makers what you do is cut back on the most expensive thing you can, which is medication and medical care.”

GEO has said it will not publicly comment on pending legal cases or abuse claims by third parties, including nonprofit groups. Company spokesman Pablo Paez says that on the subject of business plans, “we have no comment beyond what’s in our public disclosures.”

Despite a wide array of grievances and tragedies, GEO has accrued contracts worth more than $588 million in federal tax dollars since 1997, according to available federal procurement data. And as long as federal officials continue to remand a growing number of inmates and immigrants over to private businesses, without imposing strict oversight, GEO will likely remain profitable.

By Bill Conroy

The Narcosphere | Iran/Contra whistleblower Celerino Castillo is being sent directly to jail in the aftermath of his encounter with the buzz saw of Texas justice.

Despite being represented by an attorney, Robert E. De La Garza, who has been suspended by the State Bar of Texas for misapplying clients’ funds, the federal judge in Castillo’s case, at the urging of the government prosecutor, determined that there is no evidence of Castillo’s defense being tainted by the stink of ineffective assistance of counsel.

The fact that the same attorney’s son is facing federal gun charges, similar to those brought against Castillo, also has been deemed by the judge to be little more than an “inference” of a conflict of interest on the part Castillo’s attorney. Hence, the judge, at a hearing held Friday, July 10, 2009, in federal court in San Antonio, Texas, ruled that Castillo is not likely to succeed in the appeal of his conviction now pending before the Fifth Circuit U.S. Court of Appeals.

As a result, the judge — after extending in mid-February Castillo’s report-to-prison date by some four months due to the very same ethical concerns raised about his attorney — did an about face at the July 10 hearing and ordered that Castillo report to prison on July 30 — to begin serving a 37-month sentence for violating federal firearm regulations, a sentence enhanced due to the judge’s apparent belief that Castillo sold weapons in Mexico.

Castillo, a self-proclaimed gun enthusiast who frequents gun shows, concedes he did sell some legally purchased guns absent the proper federal paperwork. However, he stresses none of those weapons were sold to prohibited purchasers (i.e., convicted felons) and he vehemently denies that any of those guns were sold in Mexico — nor is there any convincing evidence to the contrary, beyond prosecutorial inference, that has been produced by the state.

Castillo, as well as other law enforcers who spoke with Narco News, contend the federal prosecutor in the case turned Castillo’s paperwork violation (selling legally purchased weapons without a firearms-dealer permit) into a federal arms-trafficking case as payback for his whistleblowing activity — for exposing the CIA and White House’s complicity in arms- and narco-trafficking as part of the Iran/Contra scandal that played out during the administration of Ronald Reagan and George H.W. Bush.

The key to the severity of the prison sentence meted out to Castillo — who is a former DEA agent and decorated Vietnam veteran with no prior criminal record — is that the prosecutor in his case argued, and the judge seemed convinced, that Castillo was likely trafficking weapons in Mexico — and by implication to members of narco-trafficking cells.

But Narco News recently obtained documents (letters now filed with the Department of Justice) that allege the judge in Castillo’s case was mislead about the trafficking charges by the prosecutor in the case — which was initiated under the reign of U.S. Attorney Johnny Sutton (a “dear friend” of former president George W. Bush), who recently left the post to take a job in the private sector.

Those documents also show that after the federal judge, W. Royal Furgeson Jr., was made aware of that allegation, he chose to chastise Castillo for bringing those charges to his attention outside the proper channels. Subsequently, Furgeson then revoked Castillo’s bail at the July 10 hearing and ordered him to report to prison to serve out an extreme sentence based on the allegedly misleading — possibly perjured — statements advanced by the federal prosecutor, Mark T. Roomberg.

The Allegations

On Oct. 22, 2008, Judge Furgeson sentenced Castillo to 37 months in prison after Castillo accepted his second plea deal with the prosecutor, Roomberg. The first set of charges against Castillo had to be dismissed because the government determined after the fact that they had applied the law improperly .

Castillo says he agreed to plead out a second time (to dealing firearms without a license) under the threat of multiple additional counts being brought against him by the government if he did not sign on the dotted line, and because his attorney, De La Garza, assured him that under the new plea deal he would retain his DEA and other benefits and he would receive a light sentence as a first-time offender — likely probation.

However, at the sentencing hearing on Oct. 22, 2008, after that second plea deal was signed, the prosecutor Roomberg came at Castillo with teeth bared, arguing that not only did Castillo sell firearms without a license, but that he likely was engaged in illegal arms trafficking — indicating to the judge that Castillo had been less than cooperative in disclosing to whom he had sold the weapons.

In fact, Castillo says the government had no evidence that he had sold guns to anyone, other than his own admission, and he stresses that his lawyer, De La Garza, did provide Roomberg with the full name of the individual who purchased the guns.

Castillo lays all of this out in a letter sent to Judge Furgeson (dated May 1, 2009, and recently obtained by Narco News). That same letter, including evidence to back up the allegations, Castillo says, also has been delivered to the Department of Justice’s Office of Inspector General and to the DOJ’s Civil Rights Division. In addition, Castillo says he wrote a letter to Attorney General Eric Holder making him aware of the allegations of prosecutorial misconduct in his case as well.

From Castillo’s letter to the judge:

ROOMBERG made a federal case that I had not documented any names of the people [to whom] I had sold guns. I was given 4 point [sentencing enhancement] for trafficking because ROOMBERG had once again lied.

… My attorney once again assured me that there was no reason why Your Honor [Furgeson] would not place me on probation, because I had no previous criminal record plus my health issues [a chronic heart condition and Post Traumatic Stress Disorder] would be brought under consideration. He stated that in the worst scenario, I would get one year, (home confinement)….

… ROOMBERG also knew exactly whom the guns went to because the [federal] agents had followed me when I delivered the shotguns. Two agents, from two different agencies [ATF and ICE] have written reports [REPORT OF INVESTIGATION] to that effect with the full name and telephone numbers of the individual who took custody of the guns. Now may there be no mistake that the individual who took custody of the guns did in no way shape or form break the law by taking custody of the guns. He was not a prohibited person and the government knew this to be a fact.

… I know that if Your Honor had heard the truth; I would have probably fallen into the probation level of the federal guidelines. Now I can prove that ROOMBERG lied to Your Honor, with DE LA GARZA’S handwritten notes and the two agents’ reports.

Castillo explains that in De La Garza’s notes from a meeting he had with Roomberg on June 26, 2008, is the name of the individual who purchased the weapons. Castillo says De La Garza told him that Roomberg was provided with that individual’s full name and address at that meeting, as the attorney’s notes reflect, and that Roomberg that day ran the individual’s address through the Internet to generate a map of that address.

In addition, Castillo claims the federal agents in his case seized his cell phone, and that the individual’s contact information was in the contact list on that phone, as well as a record of calls made to the individual. He contends Roomberg also would have had access to that information.

In his letter to Judge Furgeson, Castillo includes excerpts from Roomberg’s argument before the judge at the Oct. 22, 2008, sentencing hearing, which, he claims, proves that Roomberg misled the judge.

From the Oct. 22 hearing transcript, according to Castillo’s letter to Judge Furgeson:

Roomberg:

The defendant — and normally I don’t discuss this in open court – but the defendant raised the issue that he spoke with us and told us the person who he bought and sold most of these guns to. The defendant gave us a nickname and a general area, nothing that we can do anything with.

… We would love to know who these people were; we would love to have had Mr. Castillo tell us more than just a nickname and a general area where this person lived. He didn’t. And if he [is] dealing all these firearms with this person and can’t give us more than a nickname, then I don’t know how he’s identified that person.

… This person who has dealt the majority – what he just said in court, the majority of these guns he only knows by a nickname and a general area where they live and… so it’s our position that he had reason to believe these were going to be – the transfers were unlawful or that who they were going to would … dispose of firearms unlawfully… Again, we’re talking about the defendant who’s dealing these guns out of McAllen right there on the border. The types of guns are the FN 5.7 and the P 90, which are the assault rifles.

Castillo, in the letter to Judge Furgeson, makes the following allegation concerning Roomberg’s representations [above] to the judge at the Oct. 22 sentencing hearing:

ROOMBERG addressed to the court that the government had no idea who the guns went to and that they only had a nickname to go by. ROOMBERG intentionally, knowingly, and recklessly lied to the court. ROOMBERG lied about the P90 rifle. This weapon is nowhere to be found in my case. He just plain made up this allegation.

As a result of Roomberg’s allegedly misleading statements to Judge Furgeson, Castillo argues, the judge was led to believe that some of the guns at issue were, in fact, sold to narco-traffickers in Mexico, resulting in the judge imposing a much more severe sentence — which, besides the 37 months jail term, also resulted in Castillo losing his DEA and other benefits, despite Roomberg and De La Garza’s promises to Castillo to the contrary.

De La Garza told Narco News in a recent phone interview that if he were called to testify in a hearing about Roomberg’s actions, he would testify, that, in his opinion, “Roomberg misrepresented the facts at the sentencing and the judge was mislead” as a result.

And Castillo, in his letter to Judge Furgeson [as well as those delivered to DOJ], makes clear that he believes Roomberg’s actions in his case do merit an investigation:

Sir, there are several serious issues that needs to be address because I was told that they would not be address in my appeal process. My public defender [Judy F. Madewell] has decided to appeal my case on the grounds of “ineffective representation.”

… One of the most significant concerns is Assistant United States Attorney Mark ROOMBERG’S prosecutorial misconduct.

… In the last hearing, you commented that it was despicable for someone to take guns into Mexico, which I certainly agree and it was well taken. However, what I find most despicable, in my own opinion, is that ROOMBERG, an officer of the court, and who took an oath to protect the Constitution of the United States, made a mockery of your court.

On April 10, 2009, my official complaint against the government was hand carried by two veteran’s organization, Americas Last Patrol and a member of American G-I Forum, to the Office of Inspector General and the Civil Rights Division at the Department of Justice. I am requesting for an inquiry of how my case was handle by the prosecution. However, I am still fearful that the old guard is still present and will protect ROOMBERG.

Narco News previously attempted to contact Roomberg for comment on Castillo’s case, leaving a message on his answering machine. To date, Roomberg has not returned the call.

Judge Furgeson replied to Castillo’s letter outlining the allegations against Roomberg in a letter dated May 20, 2009, which states simply:

You have an appointed lawyer to represent you. You must communicate to me through her. It is not proper to write directly to me.

Castillo’s attorney, Judy Madewell, and Roomberg were cced a copy of Judge Furgeson’s reply to Castillo.

Castillo points out that the only reason he wrote directly to the judge in his case is because his attorney, Madewell, declined to bring up the issue of prosecutorial misconduct in his appeal or in proceedings before Judge Furgeson.

Madewell declined to comment for this story.



Process over truth

At a hearing held before Judge Furgeson on Feb. 19, 2009, Roomberg again alleged that Castillo sold guns “to people that he didn’t know and couldn’t even really identify” and also alleged that two of the guns sold by Castillo “have now been found in Mexico.” Roomberg provided no serial numbers for those weapons and alleged in his brief for the court that one of those weapons was a PS 90 assault rifle.

Madewell, in her rebuttal at that hearing, pointed out to the court that in “the government’s response [brief] they mention two guns, one of which was an FN PS 90 assault rifle, but if you look in [Castillo’s] plea agreement or the indictment, there’s no such weapon indicated [included].”

Castillo says the PS 90 is an earlier version of the FS 2000 rifle, which is referenced in the indictment. However, he claims if that is the weapon Roomberg claims was found in Mexico, then he can prove the prosecutor again mislead the court.

“That rifle is still in the United States, and if there is an official inquiry into this matter, that weapon will be produced,” Castillo says.

And again, at the recent hearing on July 10, in which Castillo’s bail was revoked and the judge ordered him to report to prison on July 30, Roomberg again made statements that seem intended to convince the judge that Castillo had sold guns to narco-traffickers in Mexico.

“It is bad for the United States for the defendant [Castillo] to remain out n bond when he is guilty … and he sold guns that are illegal and dangerous … and used to shoot people with body armor, police, down there [in Mexico] who are fighting the war on drugs,” Roomberg stated at the July 10 hearing.

But in the courtroom that day, the issue of prosecutorial misconduct was not on the table. The judge was considering only whether Castillo should remain free on bond based on what Castillo’s attorney, Madewell, had raised as an issue in her brief now pending before the Fifth Circuit U.S. Court of Appeals, and that was the issue of the alleged misconduct by Castillo’s attorney, De La Garza.

The judge conceded that De La Garza had never informed the court of the fact that, while representing Castillo, he was facing disciplinary action from the Texas State Bar for allegedly misappropriating clients’ funds — and that his law license was to be suspended effective Nov. 1, 2008. The judge also conceded that an “inference” of a conflict of interest exists due to the fact that De La Garza’s son, Andrew, was facing federal firearms charges at the same time the attorney was representing Castillo — and that at least one of the agents involved in Castillo’s case also was active in the son’s case (though Castillo claims it was, in fact, two agents).

However, in the end, Judge Furgeson determined that there simply was not enough evidence in the existing court record to show that there was an “actual” conflict of interest that would lead the appeals court to find that De La Garza provided ineffective assistance of counsel.

“I believe it is not likely that [Castillo’s] appeal [before the Fifth Circuit] will result in a reversal or new trial based on the record as it exists,” Furgeson said at the July 10 hearing. “… Ms. Madewell has made a heroic effort, but she is hamstrung because of the record [in the case]. Therefore, I’m going to revoke the bond, and I’m going to set the report date [to prison for Castillo] for July 30. There will be no further bond for the appeal.”

And so it ends for Castillo. He must now report to the federal penitentiary at the end of the month, and fight on with his appeal behind bars — absent his benefits and under the threat of harm that confronts all former law enforcement agents behind prison walls.

But the allegations of prosecutorial misconduct in his case are surely not resolved.

If, as Castillo claims, De La Garza did provide Roomberg with the full name and address of the individual who purchased the weapons from Castillo, and that individual is a U.S. citizen who was not prohibited from making those purchases, as Castillo contends, then it appears Roomberg likely did mislead the court.

On the other hand, if Roomberg argues that De La Garza failed to provide that name (which appears in his attorney notes), then it would seem that Roomberg is establishing a fact that would lend credence to the claim now on appeal before the Fifth Circuit — that De La Garza did, in fact, provide Castillo with ineffective assistance of council. (Roomberg clearly convinced the judge to dole out a stiff sentence to Castillo based on the contention that he did not cooperate with the prosecution, that he did not provide the full name of the purchaser, and that he likely did traffic weapons in Mexico).

It seems to be a Catch 22 for the prosecution, but in the U.S. justice system, at least in the Western District of Texas, the truth seems to matter less than protecting the process.

And in this case, to date, Castillo appears to be little more than another cog on the conveyor belt of that tortured process, destined for the buzz saw — another stat in the prosecution’s hat regardless of the facts.

Now, that’s change we can believe in.

Stay tuned ….

Related:

Cele appeared in the acclaimed documentary American Drug War, in it he exposes the CIA drug running carried out under Bush Sr during the Iran-Contra affair.