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DAs try antiterror laws for drug cases
Charlotte Observer ^

Posted on 07/21/2003 6:34:48 AM PDT by Stew Padasso

DAs try antiterror laws for drug cases

WINSTON-SALEM - Following the lead of Watauga County, other district attorneys in North Carolina are considering using antiterrorism laws to prosecute accused methamphetamine producers.

Watauga County District Attorney Jerry Wilson last week charged a man accused of running a methamphetamine lab with violating state laws involving the manufacture of nuclear or chemical weapons.

The statute, passed in November 2001, was meant to deal with terrorists and carries a stiffer sentence than most drug laws.

"We sat down and began looking for something more that we could use as a weapon against these people, and that's the statute we found," said Wilson, whose county has had 24 meth labs raided this year.

Forsyth County District Attorney Tom Keith said his office's policy now is that "we will put B1 felonies on anyone having anything to do with methamphetamines. These things are very dangerous."

B1 felonies carry prison sentences ranging from 12 years to life.

The first person who will be prosecuted under the antiterrorism laws is Martin Dwayne Miller, 24, of Todd.

Miller, who was arrested July 11, was charged with two counts of manufacturing a nuclear or chemical weapon, in connection with charges relating to methamphetamine production. Even if Miller were convicted of the most serious drug charge against him, he might have served only six months in prison, Wilson said.

To link the drug's production to chemical weapons, prosecutors referred to the toxic and combustible nature of the chemicals involved in methamphetamine production. They said police officers and firefighters who respond to calls involving the drug risk serious injury.

Keith said the use of the antiterrorism law to stop the growth of methamphetamine laboratories is necessary to prevent problems that have plagued other states.

"We're not going to let them get a foothold," Keith said. "If we catch them, we want to take their life away, put them away for as long as we can."

Several defense lawyers reacted to Wilson's decision with a mix of skepticism and concern for the rights of the accused.

"It seems to me to be a real stretch of the imagination, that this would be covered under the antiterrorism law," said Wallace Harrelson, Guilford County's public defender. "It seems to me that the antiterrorism law was designed with a specific purpose in mind, to prosecute people who are threatening to hurt the safety of the general public."

Forsyth County public defender Pete Clary said Wilson might be overstepping his bounds as a prosecutor.

"I think it's up to the legislature to decide whether the law is `woefully insufficient'," Clary said. "The DA is charged with enforcing the laws on the books, not as he wishes they were."


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: North Carolina
KEYWORDS: wodlist
fyi
1 posted on 07/21/2003 6:34:48 AM PDT by Stew Padasso
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To: Stew Padasso
This is so absolutely predictable, it doesn't even really deserve comment.

Oh no. it's too late!

2 posted on 07/21/2003 6:41:39 AM PDT by zeugma (Hate pop-up ads? Here's the fix: http://www.mozilla.org/ Now Version 1.4!)
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To: Stew Padasso
Oink !

Pretty soon kids with cap guns (do they make them anymore?) will be indicted for assault with a deadly weapon.

While meth is nasty stuff, using a "nuclear or chemical weapon" statute is beyond ludicrous.
3 posted on 07/21/2003 6:46:58 AM PDT by jimt
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To: jimt; jmc813; *Wod_list
While meth is nasty stuff, using a "nuclear or chemical weapon" statute is beyond ludicrous.

But not beyond the Drug Warriors.

4 posted on 07/21/2003 6:48:42 AM PDT by MrLeRoy (The legitimate powers of government extend to such acts only as are injurious to others. - Jefferson)
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To: jimt
While meth is nasty stuff, using a "nuclear or chemical weapon" statute is beyond ludicrous.

One small bag of crystal meth could make large sections of California uninhabitable for generations.

Oops, did I say crystal meth? I meant Gray Davis.

5 posted on 07/21/2003 6:53:38 AM PDT by KarlInOhio (Paranoia is when you realize that tin foil hats just focus the mind control beams.)
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To: Stew Padasso
"I think it's up to the legislature to decide whether the law is `woefully insufficient'," Clary said. "The DA is charged with enforcing the laws on the books, not as he wishes they were."

NOT AT ALL do I have any sympathy for meth lab criminals, HOWEVER, never underestimate the ability of Lawyers and Government to pervert law. Look for this to be the tip of the iceburg...
6 posted on 07/21/2003 7:15:36 AM PDT by El Laton Caliente
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To: Stew Padasso
Watauga County District Attorney Jerry Wilson last week charged a man accused of running a methamphetamine lab with violating state laws involving the manufacture of nuclear or chemical weapons.

Christ almighty.

They just can't pervert the system enough, can they?

7 posted on 07/21/2003 7:17:00 AM PDT by Lazamataz (PROUDLY POSTING WITHOUT READING THE ARTICLE SINCE 1999!)
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To: Stew Padasso
At the rate things are going, driving without a seatbelt will go from not an offense to not a primary offense to primary offense to "shoot on sight."

To link the drug's production to chemical weapons, prosecutors referred to the toxic and combustible nature of the chemicals involved in methamphetamine production. They said police officers and firefighters who respond to calls involving the drug risk serious injury.

The same can be said of gasoline, propane, hairspray, or rubbing alcohol. Nevermine starting fluid, which is spray ether. Shall possession of .0001 grams of propane be declared a terrorist act, possession of a chemical weapon? You can't be too careful these days. Better safe than sorry.

8 posted on 07/21/2003 7:18:12 AM PDT by coloradan
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To: coloradan
Stop me before I grill again!
9 posted on 07/21/2003 9:35:05 AM PDT by MrLeRoy (The legitimate powers of government extend to such acts only as are injurious to others. - Jefferson)
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To: Wolfie; vin-one; WindMinstrel; philman_36; Beach_Babe; jenny65; AUgrad; Xenalyte; Bill D. Berger; ..
WOD Ping
10 posted on 07/21/2003 5:09:11 PM PDT by jmc813 (Check out the FR Big Brother 4 thread! http://www.freerepublic.com/focus/chat/943368/posts)
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To: Stew Padasso
Why not go all the way and give them a secret trial followed by execution?
11 posted on 07/21/2003 6:10:57 PM PDT by Djarum
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To: Stew Padasso; All
Told ya so.

I knew this was the ulterior motive behind the "smoking pot supports terrorism" campaign as soon as I heard about the superbowl ads.

12 posted on 07/21/2003 6:23:09 PM PDT by Yeti
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To: Djarum
And off they go to camp XRay for fun in the sun.
13 posted on 07/21/2003 8:53:24 PM PDT by Stew Padasso (pro-rock.com - bsnn.net - libertyteeth.com - BFD - Puff Puff Ping)
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To: MrLeRoy
Sir, put down the spatula.
14 posted on 07/21/2003 8:54:08 PM PDT by Stew Padasso (pro-rock.com - bsnn.net - libertyteeth.com - BFD - Puff Puff Ping)
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To: Lazamataz
You know firearms are terrorists tools and should be treated as such. </government goon>
15 posted on 07/21/2003 8:56:27 PM PDT by Stew Padasso (pro-rock.com - bsnn.net - libertyteeth.com - BFD - Puff Puff Ping)
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To: Stew Padasso
People who are not "terrorists" should not be charged under the "terror" laws. It's that simple.

Any DA who won't abide by those rules should be recalled.

16 posted on 07/21/2003 8:58:22 PM PDT by xm177e2 (Stalinists, Maoists, Ba'athists, Pacifists: Why are they always on the same side?)
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To: coloradan
Pretty soon the only 'chemical' that possesion of will be legal is H2O.

Oops! Scratch that, you might drown someone!

17 posted on 07/21/2003 8:59:23 PM PDT by StriperSniper (Make South Korea an island)
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To: Stew Padasso
Sir, put down the spatula.
14 -SP-


A Vietnamize woman was killed last week in San Jose for brandishing a vegetable peeler that looked a bit like a cleaver.
The cop thought she was gonna scalp his bok choi.
18 posted on 07/21/2003 9:10:21 PM PDT by tpaine (Really, I'm trying to be Mr Nice Guy, but principles keep getting in me way.)
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To: StriperSniper
Pretty soon the only 'chemical' that possesion of will be legal is H2O.

Each year, Dihydrogen Monoxide is a known causative component in many thousands of deaths and is a major contributor to millions upon millions of dollars in damage to property and the environment. Some of the known perils of Dihydrogen Monoxide are:
Facts About Dihydrogen Monoxide
19 posted on 07/22/2003 6:22:09 AM PDT by dread78645
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