Innocent Until Proven Guilty or A Mistake Was Made

In reviewing the internet news this morning, I came across an article release by the Associated Press relating that a judge was considering dropping of charges against an accused millionaire Chinese-Mexican in the New England states area that was arrested for importing methamphetamine into the United States (then the article states he was importing pseudophedrine for the making of methamphetamine). The judge cited problems with evidence as the reason for his decision. This "gentleman" also has charges in Mexico and it is supposed he will be extradited after the US charges are settled. There was some $205 million in seized drug profits from his Mexico City home in 2007.

Th AP article went into detail that the prosecutor stated the "overwhelming reason" for dropping the charges was "their relationship with the Mexican government". The judge wants to dismiss the charges due to problems with the evidence. The article further states the mishandling of evidence was similar to another case.

This one will probably walk whether based the evidence issue or the relationship with the Mexican government, either way the accused will be free to peddle his drugs once again and ruin more lives with debilitating drug. In my opinion, meth has been the single biggest factor contributing to the downfall of the American communities. It destroys a person from the inside out. It changes the perception of self and others -destroying families, dreams, morals and ethics.

I am not familiar with the originating arrest or investigation in this case, however I have seen so many with the same scenario. More cases are dismissed or never prosecuted due to mishandling of evidence, initial investigative techniques, inappropriate interview techniques (i.e., advising of the Miranda), and other "technicalities." Law enforcement officers are not attorneys, yet a case is based solely on the manner in which an investigation is started, the accumulation of evidence or retention of same, chain of custody of the evidence, and the manner in which a suspect is interviewed.

When an officer makes a "big bust" they are really pumped up and could care less about the trivial "who, what, when, where and how" of the case. They will lose the case unless the candidate produces a "Yeah, I did it." The technicalities must be taken care of - sometimes first. Only then can the officer celebrate in getting the suspect off the street. The object should be not to get him off the street, but to see he goes to prison and stays off the street for some time. It is so disheartening to know that criminals are walking the streets that should be in prison and the only reason they are not is because some technicality occurred.

This is the type of case where it is imperative the officers/agents work closely with the prosecutor in the investigation all the way through to the prosecution. Local officers sometime think their job is done when the suspect is in the local jail. That is just the beginning.

Officers it is your job to catch the criminals, but if you don't give the prosecutor the ammunition he needs to prosecute, then you need to get out of the business - all you are doing is harassing people. Consult with the prosecutor, ask his advice and take it, keep him/her updated on the case and most of all document your case so that anyone can put the case together in case something happens to you during the investigation or arrest.

And most of all get as much training as you can. Learn as much about the laws and case law as you have time. If cases are dismissed by the prosecutor after you have done your job, it is on his/her head. If this case was dismissed due to "a relationship " there is nothing you can do, but feel bitter and frustrated toward the prosecutor. Don't let this stop you in continuing to work with your prosecutor. You never know who is pulling his strings and if this is an international venture, then you have done your part.

To all law enforcement officer - I salute you. Continue to operate in a manner that brings respect to the badge, not fear of the gun.