A Judicial Crime - the killing of Jonathan
Magbie
I have just read a story in the Washington
Post which is infuriating and frustrating, and which illustrates the absolute
moral vacuum masquerading as The War on Drugs. This is the story
of a 27 year old man, Jonathan Magbie, who was injured in an automobile accident
at the age of 4. He was quadriplegic and required 24/7 care which included
periodically using a ventillator to suction his lungs. He travelled
around using a chin operated wheelchair. Somehow this young man ended
up being arrested for possession of marijuana - his first offense. At
his trial, Washington DC Judge Judith Retchin sentenced him to 10 days in
the DC jail. After being shuttled back and forth between the DC jail's
Correctional Treatment Facility and Greater Southeast Community Hospital
twice in five days, Mr. Magbie died.
Who killed Jonathan Magbie? There is plenty of blame to go
around here. The various jail and hospital personnel certainly failed
Jonathan, as did his legal representation. In fact, it could be said
that the entire system failed Jonathan. But more culpable than all
of them is Judge Retchin. Her callous disregard for the extenuating
circumstances in this case is only the beginning of her failings here. Her
choice to impose jail time for a first time marijuana offense is in itself
quite questionable, made all the more so by the medical condition of the
defendant. What societal good was she trying to accomplish by imposing
this sentence? Did she truly think this man represented such a threat
to society that he needed to be locked up for this "crime"? Does she
not understand that we call her Judge because she is supposed to use
judgement? Could she not foresee the likelihood that the level of attention
he required would not be available at the Correctional Treatment Facility?
Could she not recognize the potential danger to his well-being, and
indeed his life, if this attention was not provided? How can this woman
sleep at night? If she truly had the integrity to be made a judge in
the first place, then she should resign in shame and become a warrior opposing
the drug war.
A Tale of Two Washingtons - Meanwhile in Seattle, and a growing number
of cities across the country, police have been instructed to make marijuana
possession by adults their lowest law enforcement priority. Meaning
that if Mr. Magbie lived in this Washington he would not only still
be alive, he would likely have never even been arrested. Instead, he
is dead in D.C. This is justice? This is equal protection under
the law? This is compassionate conservatism in action.
Now to be fair with Judge Retchin, all of the facts of the case were not
available from this article. For example, it might be that the marijuana
belonged to someone else, possibly a friend or family member, and Mr. Magbie
claimed it to be his figuring that the judge would go easy on him because
of his condition - a fatal miscalculation. It may be that the amount
of marijuana was excessive, or that there was dealing involved. None
of these issues are clear from the article. But somehow, I can't imagine
him motoring his wheelchair down to the local elementary school to sell weed
to Little Johnny. And even if he was doing just that, did he deserve
to die?
What is quite likely, and is also not mentioned in the article, is the possibility
that Mr. Magbie was poor and African-American. There seems to be a clear-cut
double standard in this drug war. If you are white and/or have money
then you can get "treatment" in lieu of prison time. Otherwise you
are out of luck.
Wake Up America! - When will Americans wake up and recognize
that the damage done by this drug war is far greater than any potential damage
these proscribed drugs might be doing? This case, more than most, makes it
clear that something needs to be done at the federal level to stop this war
against the American people. And while the entire drug war is misguided
and counter-productive, the laws against marijuana are absolutely indefensible.
It's continued prohibition is only for the benefit of the alcohol and
pharmaceutical industries, along with the rehab/treatment industry and the
legal-prison-industrial complex. It certainly does not serve the best
interests of the American public. It is time for radical change, and
there could be no more glaring example of the need for this change than the
killing of Jonathan Magbie.
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