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Offlinecb9fl
Senior ChildMolestationExpert
Registered: 06/12/03
Posts: 3,104
Loc: florida
Last seen: 8 years, 3 months
Policing the gays
    #4645574 - 09/11/05 12:43 PM (12 years, 2 months ago)

This is just a very strange situation. What exactly were the police trying to accomplish?

http://www.nashscene.com/Stories/News/2005/09/08/New_Twist_in_the_Policing_Gays_/index.shtml

Quote:

New Twist in the ?Policing Gays? Drug Sting
A lab report reveals that the defendant is charged with the wrong crime

by John Spragens

Herbison looks forward to cross-examination. Photo: Josh Anderson
Keeping His Clothes On Herbison looks forward to cross-examination. Photo: Josh Anderson

Four months after a gay Nashville man was beaten and Tasered by undercover Metro police officers using an informant?s chat room offer of drug-fueled sex to lure him to a Stewart?s Ferry apartment, a lab report reveals that the man did in fact have illegal drugs on him?not the legal drugs he thought he had or the fake drugs police thought he had. Meanwhile, the police department?s internal affairs office is about to wrap up its comprehensive investigation into the conduct of three officers involved in the man?s violent arrest.

It?s the latest twist in a public episode that provoked condemnation from members of Nashville?s gay community and prompted police Chief Ronal Serpas to meet with gays and lesbians in an effort to quell their concerns about the department?s selective use of confidential informants, or CIs. On the department?s watch, CIs were cyber-seducing gay men with promises of sex and drug use but failing to run similar stings in straight chat rooms. Advocates said the situation smacked of selective enforcement by a department that had already drawn national media attention for its controversial use of CIs in prostitution stings. Law enforcement officials, for their part, said they were simply going where tipsters took them to look for illegal activity.

The case that prompted recent attention was the arrest of a Nashville man whom the Scene decided to identify by the fake name ?Steve.? Late one Friday night in May, Steve met someone online in a gay chat room; the athletically built man, whose gay.com profile included a selection of nude photos, instant-messaged Steve with requests to ?come on over? and ?bring the amyl??amyl nitrite, a muscle relaxant used by some men for increased sexual arousal and anal stimulation. Eventually, Steve agreed to meet the man at a Stewart?s Ferry apartment complex with what he claimed was a bottle of ?amsterdam amyl.?

When he arrived at the townhouse?s front door, he was greeted by a group of plain-clothes police officers he assumed were malicious rednecks out for some Friday night gay-bashing. After resisting their grasp, he was beaten and shot with three five-second bursts of electricity?measuring 50,000 volts each?from a police-issued Taser gun. That?s what it took four Metro cops to subdue a 6-foot, 180-pound computer programmer who looks even slighter in person. He was arrested and made to sit in custody while the gay chat room sting continued?allowed, he says, a Dairy Queen banana split for his troubles after being kicked, Tasered and mocked by police.

The cops later charged Steve with delivering a counterfeit controlled substance because he ?intended to trick the informant into thinking that the liquid was amyl nitrate [sic] just to have anal sex with him,? according to an arrest affidavit signed by Officer Michael Dunn. ?The suspect admitted to police that the substance was counterfeit and not as promised during the agreement.? The only thing is, amyl nitrite isn?t explicitly banned by state law, so Steve wouldn?t seem to be guilty of delivering a counterfeit controlled substance. At any rate, police and prosecutors didn?t know.

Steve?s attorney, John Herbison, says that his client denies ever representing the bottle in his pocket as anything other than amyl nitrite, which he reiterates is not a controlled substance. But a TBI lab report issued in July shows that Steve actually possessed isobutyl nitrite?a Schedule VII narcotic?which seemingly threw everyone involved with the case for a loop. So keep in mind: he was charged with possessing a counterfeit controlled substance even though the substance he represented himself to have wasn?t definitively a controlled substance. Now it?s apparent that the substance he actually had was in fact a controlled substance. But did he knowingly possess a controlled substance, as the statute requires?

That will be the crux of the prosecution?s case, says Herbison (who?s made news lately as Perry March?s attorney). ?Everybody on the scene acted under the assumption that it was amyl nitrite,? he says, including cops and his client. Particularly ironic is the fact that the cops? undercover informant?who at the time of the sting was consulting with officers on his end of the private chat?specifically told Steve to bring ?the real amyl?not butyl,? seemingly betraying an assumption that amyl was illegal and butyl, legal. Of course, it was just the opposite: Steve brought illegal butyl instead of legal amyl.

Can a clumsy, misinformed undercover operation lead to a felony conviction?

?Cross-examining these police officers will be about as much fun as a person can have with clothes on,? says Herbison, not one to shy away from a public fight with law enforcement. (March hired him for a reason.)

Meanwhile, the police department has only a few more interviews to conduct in its internal investigation into the violent tactics used by the Hermitage Crime Suppression Unit in Steve?s case. Some interviews have taken a while to set up, says Kennetha Sawyers, director of the department?s Office of Professional Accountability (OPA), because officers under investigation have a right to be questioned with an attorney present. ?I don?t expect it to take very much longer, but we do have some additional interviews to do,? she tells the Scene, refusing to comment on the specifics of her office?s investigation.

Sawyers says that at the outset of any internal investigation, the OPA makes a preliminary finding and gives police officers the chance to accept its disciplinary offer and make a full statement about the facts of the case. ?And if we find out at a later date that that officer has not been truthful, then that officer will be terminated for untruthfulness,? she says. In this case, none of the policemen under investigation for using force improperly or excessively came to a disciplinary agreement with the OPA, but Sawyers said that shouldn?t be taken as a sign that her office is bringing the hammer down on them; sometimes she recommends that officers await the outcome of a full investigation because there doesn?t appear to be any misconduct and they will likely be exonerated. Still, she cautions, OPA investigations are wide-ranging and thorough, and their findings may differ from the preliminary report. The recommendations in this case are anyone?s guess.

One important difference between Steve?s version of events and the OPA?s is the presence of a video camera. He says his entire ordeal was filmed by a man, presumably a plainclothes cop, with a camera on his shoulder. Sawyers says her investigation has found no such thing. Another person who was arrested in the sting says he doesn?t recall a camera being present?although he agrees that the department?s undercover enforcement tactics were particularly relentless.

As far as the DA?s office is concerned, their next move remains undecided. A ?strong possibility? is that Steve could be charged with possessing a Schedule VII drug?it?s a class E felony punishable by one to two years in prison?but it could also be pled down to some sort of misdemeanor charge. Like everyone else, the DA?s office awaits the results of the police department?s internal investigation, but in the meantime, they?re proceeding with this case in anticipation of a Sept. 28 hearing in General Sessions court.

In the past, the DA?s office and the police have been at odds over the cops? controversial use of confidential informants?including their now-ended practice of paying informants to have sex with prostitutes. But Tammy Meade, a high-ranking assistant DA, defends the department?s actions in this case, saying that the cops simply went where the CIs said the crime was happening. They weren?t, she maintains, simply targeting gays. She compares stings in gay chat rooms to policing efforts in various neighborhoods: ?If we?re going to go to Green Hills, it?s going to be overwhelmingly one socioeconomic background. If we?re going to go to the Cayce homes [public housing projects], it?s going to be another one,? she says. ?We?re investigating crimes here, not targeting people.?

But Steve says he?s not sure if even the cops themselves knew what they were doing. On the night of his arrest, he says, the police made a phone call for technical assistance. ?They called into what I believe was a toxicologist and read what I believe was the brand name over the phone,? he says. The apparent toxicologist, Steve says, told them the brand of poppers he was carrying wasn?t illegal. ?I can remember the whole room freezing, and everyone looking around like, what do we do now?? he says. ?And then someone said, ?counterfeit.? It was something that could have been looked up.?

Steve says a friend bought the bottle for him in the novelty section of an Atlanta bar. Like the cops, he had no idea that what was actually in it?isobutyl nitrite?was illegal. ?I didn?t know and I didn?t care. That?s the truth,? he says. ?Now I care.?




--------------------
It is better to be hated for what you are than to be loved for what you are not. -Andre Gide

"Generosity is nothing else than a craze to possess. All which I abandon, all which I give, I enjoy in a higher manner through the fact that I give it away. To give is to enjoy possessively the object which one gives."


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InvisibleAlex213
Stranger
Registered: 08/22/05
Posts: 1,839
Re: Policing the gays [Re: cb9fl]
    #4645641 - 09/11/05 01:05 PM (12 years, 2 months ago)

What exactly were the police trying to accomplish?


Justify their salary by boosting their prosecution quota in the easiest way possible.


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OfflineAnisotropic
Stranger
Registered: 07/28/04
Posts: 538
Last seen: 1 year, 6 months
Re: Policing the gays [Re: cb9fl]
    #4645718 - 09/11/05 01:25 PM (12 years, 2 months ago)

/Sarcasm
Who cares if our tax money goes to beating up gays for liking sex enhancing drugs/gay sex?

Christ I voted for W just so the could be oppressed...
/End Sarcasm.

How can you possibly try to get this guy for resisting arrest, everyone knows what's going though that gay guys head when 5 guys in plan clothes come up after being seduced online...

'Fuck, someone's set a trap, I'm a dead man.' or something similar. I bet the fact that it was an arrest attempted didn't even cross his mind.

He prob. though he was going out like Matthew Shepard plan and simple, this guy thought he was fighting for his life...

I'm so glad my tax money no longer goes to support out right bigotry.

1. People in a free country would be able to use sex enhancing drugs.
2. People in a free country would be able to be gay without worrying about constant targeting by police.

"allowed, he says, a Dairy Queen banana split for his troubles after being kicked, Tasered and mocked by police."

Aww, I don't know what the fagot's problem was, we got his some ice cream after we beat the shit out of him for being gay...

Sad.


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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 1 year, 5 months
Re: Policing the gays [Re: Alex213]
    #4645800 - 09/11/05 01:52 PM (12 years, 2 months ago)

Interesting but I think wrong

http://www.wholehealthmd.com/refshelf/drugs_view/1,1524,35,00.html#Why_Prescribed

Quote:

Amyl Nitrite


Brand Name(s):
Amyl nitrite is available in generic form only.

Drug Class:
Nitrate

Available OTC?: No

Available Generic?: Yes




I think Amyl Nitrate is a controlled substance and Butyl Nitrate or Isobutyl Nitrate is not. Butyl has been sold as Locker Room, ostensibly a locker room deodorant. Rush is the same substance but with a different marketing target. Amyl is poppers and controlled, butyl is Rush or Locker Room and not

Checking some other links
http://www.energyandvision.org/drugtext/alkyl.htm

ALKYL NITRATES

NAME: Poppers, Amyl Nitrate, Butyl Nitrate, Isobutyl Nitrate, Ram, Thrust, Rock Hard, Kix, TNT, Liquid Gold.

Quote:

CLASS: Amyl Nitrate is classified as a pharmacy medicine under the Medicines Act. This means it is theoretically available from any chemist without a prescription but, because it has been suspended from use in medical practice, few chemists stock it.

Butyl Nitrate is not classified as a drug, therefore there are no restrictions on its availability under current medicine, poison or drug legislation.




We also come across this kind of information where "nitrite" is conflated with "nitrate"

http://www.answers.com/topic/butyl-nitrite

Quote:


butyl nitrite
Dictionary
butyl nitrite
n.

A colorless, volatile liquid, C4H9NO2, that is marketed in some household room deodorizers and used illicitly to induce euphoria and enhance sexual stimulation.





It is possible that neither is controlled. My experience has been that butyl is readily available and amyl is not. Could be a state issue but regardless I have never heard of anywhere that Butyl is controlled and Amyl is not. And any chemist or aquarium keeper knows that nitrites are not nitrates. Either way it smells like another sloppy journalist who didn't bother to do his research


--------------------


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Offlinecb9fl
Senior ChildMolestationExpert
Registered: 06/12/03
Posts: 3,104
Loc: florida
Last seen: 8 years, 3 months
Re: Policing the gays [Re: zappaisgod]
    #4645844 - 09/11/05 02:02 PM (12 years, 2 months ago)

That's the way to do it. Defend the legal status of the drug instead of discussing the most important part of the article, the cops actions.


--------------------
It is better to be hated for what you are than to be loved for what you are not. -Andre Gide

"Generosity is nothing else than a craze to possess. All which I abandon, all which I give, I enjoy in a higher manner through the fact that I give it away. To give is to enjoy possessively the object which one gives."


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OfflineAnisotropic
Stranger
Registered: 07/28/04
Posts: 538
Last seen: 1 year, 6 months
Re: Policing the gays [Re: cb9fl]
    #4645888 - 09/11/05 02:14 PM (12 years, 2 months ago)

I think it's a valid point. The law on poppers and whippets changes all over the place, state to state, county to county. The guy writing the article should get it right.

But in the end, why the fuck should these things be illegal? They are mostly used during sex, by consenting adults. (poppers, not the whippets, but whippet orgasms feel FUCKING INSANE, and are good for sex also.)

I mean how many kids know about poppers? Most of them would just be like, this smells like feet...

Going after poppers IS targeting the gay community, I don't see how anyone could miss that point. I mean it's not like anyone that is not a homosexual male would have been there on that porch getting beaten up.

I just don't understand a country where it is illegal to feel good.


Edited by Anisotropic (09/11/05 02:16 PM)


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Offlinezappaisgod
horrid asshole

Registered: 02/11/04
Posts: 81,741
Loc: Fractallife's gym
Last seen: 1 year, 5 months
Re: Policing the gays [Re: cb9fl]
    #4645930 - 09/11/05 02:22 PM (12 years, 2 months ago)

Well, it seems to me that the whole thrust of the article is this


Quote:

That will be the crux of the prosecution?s case, says Herbison (who?s made news lately as Perry March?s attorney). ?Everybody on the scene acted under the assumption that it was amyl nitrite,? he says, including cops and his client. Particularly ironic is the fact that the cops? undercover informant?who at the time of the sting was consulting with officers on his end of the private chat?specifically told Steve to bring ?the real amyl?not butyl,? seemingly betraying an assumption that amyl was illegal and butyl, legal. Of course, it was just the opposite: Steve brought illegal butyl instead of legal amyl.

Can a clumsy, misinformed undercover operation lead to a felony conviction?




And he doesn't seem to have done the work to accurately portray the case. Kind of calls everything written into question if you get everything checkable wrong.

I'm not defending anything. I'm attacking another incompetent journalist who gets his facts wrong. As should we all.


--------------------


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OfflineAnisotropic
Stranger
Registered: 07/28/04
Posts: 538
Last seen: 1 year, 6 months
Re: Policing the gays [Re: zappaisgod]
    #4645976 - 09/11/05 02:32 PM (12 years, 2 months ago)

Yep, if he's getting easily checkable facts incorrect, it calls in to question the integrity of the entire article.


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InvisibleRandalFlagg
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Registered: 06/15/02
Posts: 15,608
Re: Policing the gays [Re: zappaisgod]
    #4646277 - 09/11/05 04:04 PM (12 years, 2 months ago)

Quote:

zappaisgod said:
Well, it seems to me that the whole thrust of the article is this





No pun intended.


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