Opponents of the so-called war on drugs (its a war on people) have long cautioned that enforcement of victimless-crime laws is by nature a mockery of justice. We have a vivid example in Cory Maye.
You havent heard of Cory Maye? Few people have, despite the best efforts of blogger-journalist Radley Balko (TheAgitator.com). Maye, 25, is sitting on death row in Mississippi, the latest victim of the governments indefensible war on drug makers, sellers, and consumers.
Maye, who had no criminal record, was convicted of capital murder last year in the 2001 killing of 29-year-old Prentiss, Mississippi, policeman Ron Jones. Jones was shot as he and a squad of narcotics cops burst into Mayes side of a duplex late one night as Maye and his 18-month-old daughter slept. The police had a warrant to look for marijuana on the premises, although Maye was not named in the warrant. He says the police neither knocked nor announced themselves. The police dispute this. But as Balko points out, a knock and announcement would have little effect on a sleeping man. (Thugs also have been known to claim they are police to get at their
victims.)
When Maye heard people entering his home, he went to his daughters bedroom armed with a handgun. When the police entered that room, he fired, hitting Jones, who later died of his wounds. Maye is black. Jones, the son of the then-Prentiss police chief, is white.
According to Balko, Immediately after the raid,
police first said they found no drugs in Mayes
apartment. Days later, they say they found a small bag of
allegedly marijuana, and three pieces of a
burnt cigar, also containing allegedly
marijuana. Needless to say, this is
suspicious.
Mayes appeal is currently before the Mississippi
Supreme Court.
This case reeks. Whether they knocked or not, why were
police entering his home late at night? Because an
informant is reported to have told police marijuana was
stored there. Nothing is more corrupt than the
police-informant relationship in drug enforcement. Countless
times informants have fingered innocent people in order
to take the heat off themselves or to bargain for
leniency. Drug raids are notorious for leading to the
deaths of people, often cases of mistaken identity, who
tried to defend themselves against late-night visits from
militarized SWAT teams.
What makes Mayes case different is that he was the
killer, not the killed. But if the facts are as they
appear, he is the innocent victim. If so, he should not
just be released from death row; he should be freed.
Such horrible events will occur as long as the government
asserts power over what we may and may not ingest. In a
truly free society it would have no such power. When
government enforces laws against consensual activities
police terror is inevitable. Since there is no
complaining witness in drug sales (as there is in real
crimes), police turn to foul tactics to catch
lawbreakers. Entrapment and reliance on untrustworthy
informants are two common tactics.
Why has the Maye case brought no outcry from the
anti-death penalty crowd? It may be, as a friend suggests,
that Mayes use of a handgun apparently in
self-defense makes him unattractive to that crowd. But
dont look for support from the conservative right.
They like guns, but they love the war on drugs even more
and could never bring themselves to believe that someone
could kill a policemen in self-defense.
From the looks of things, Cory Maye acted to protect his
daughter and himself. The government put them and Ron
Jones in jeopardy by its senseless persecution of drug
consumers. Lets hope the Mississippi Supreme Court
keeps this horror from getting worse.
Sheldon Richman is senior fellow at The Future of Freedom
Foundation, author of
Tethered Citizens: Time to Repeal the Welfare
State, and editor of The Freeman
magazine. Send him