From gubernatorial protege to prison commissar: Protected felon Josh Tewalt. |
Josh Tewalt has a drug problem that led to several arrests. Like many others afflicted with that weakness, Tewalt eventually wound up in prison. Unlike most of them, however, he landed on the right side of the bars in the very lucrative position of Deputy Chief of Corrections for the State of Idaho.
Without the dubious benefit of a college degree or
substantial experience in law enforcement apart from his own time in jail, Tewalt
receives a base salary of at least $83,000 a year to manage the human inventory
of Idaho’s prison-industrial complex.
Under Idaho’s state code, Tewalt’s repeated DUIs constituted
an aggregate felony. Many – perhaps most – of the people whose lives he now
controls committed offenses less serious than his. More than a few of them were
convicted
of felonies under Idaho’s pre-medieval laws against marijuana possession. The
inmate population over which Tewalt presides may soon include desperate
parents of children suffering from conditions for which non-intoxicating
cannabis oil (CBD) is the only effective treatment.
A tippler, rather than a toker: Governor Otter. |
On April 16, Idaho
Governor Butch Otter vetoed a measure (S1146a) that would not have
decriminalized possession and use of CBD, but would have created an
“affirmative defense” for those who obtain and use it for treatment of several
medical conditions, including cancer, amyotrophic lateral sclerosis, and
various kinds of seizure disorders.
That bill did not recognize that marijuana use is a function
of the unqualified right to self-ownership, which is the only morally sound
perspective on the matter. It would have placed a modest impediment in the way
of cynical people who make a subsidized living by punishing those who exercise
that right. This would include parents who would not consume CBD, but
administer it to their children.
Natalie
Stevens, who testified in favor of the bill before the Idaho Legislature, is
among those who may face prosecution if they obtain CBD for medical treatment.
Stevens’s 11-year-old daughter Marley suffers from Dravet’s Syndrome, an
intractable form of epilepsy. The child first experienced seizures at four
months of age, and they have steadily increased in severity.
Speaking on behalf of her family, Stevens explained that the
prospect of imprisonment is easier to contemplate than the continuing spectacle
of her child’s unrelieved suffering. She told the legislators that she wants to
follow the law, but is willing to do anything for her child.
“Seizures are our prison,” Stevens
explained. “We’ll gladly risk this. We’re already in prison. We would
rather be arrested [for possession of CBD and have an affirmative defense.”
Arrayed against Stevens and many other suffering
children and their anguished parents were the crème de la scum of
Idaho’s entitled punitive class – police chiefs, sheriffs, prosecutors, and
Elisha Figueroa, director of the Idaho Office of Drug Policy.
These people, and their comrades, are determined to abduct
and prosecute any Idaho resident who obtains and uses CBD. Enactment of S1146a
would not have deprived them of that opportunity. Police who find people in
possession of CBD would still be able to seize and “forfeit” cash, cars, and
other property even before charges are filed, and prosecutors could still seek
to extort plea bargains from financially straitened and over-matched
defendants.
The only significant difference is that those prosecuted for
CBD possession would have a legally recognized affirmative defense, and thus a
legitimate prospect of victory in a jury trial. Those who operate Idaho’s
carceral apparatus simply couldn’t countenance a slight reduction in the
prohibitive advantage they enjoy in seeking to cage someone for making
unauthorized use of a benign mood-altering substance. In this case, the
prohibited substance is a cannabis derivative has no measurable psychoactive
properties. It is banned for ritualistic reasons, not substantive ones: The
high priests of prohibition have decreed that we must avoid even the appearance
of “evil.”
State-imposed taboos must be sustained through exceptionally
vicious applications of state power. The superstition called marijuana prohibition
is dying, and in its final convulsions those who act in its name are seeking to
wring whatever residual trickle of misery they can out of the unbelievers–
including children stricken with untreatable diseases and the parents who would
give anything, their lives included, to relieve that suffering.
Adherents of the Prohibition cult earnestly believe that the
individual, as the property of the state, can be punished for consuming a
substance without the explicit permission of those who act on its behalf.
In his veto message, Otter – in a gesture of regal condescension
akin to Xerxes extending his scepter to Esther –
included an executive order creating a small, carefully controlled experimental
“access program” for a limited number of sick children. Under invasive scrutiny
by the Idaho Department of Health and Welfare, they will be allowed to act as
guinea pigs in tests of an FDA-approved product called Epidiolex ®, a form of
refined cannabis oil produced by GW
Pharmaceuticals.
Legalizing the “limited use of cannabidiol oil … contrary to
federal law” would be entirely inappropriate, Otter insisted in his veto
message, since this approach would supposedly be rife with “misuse and abuse
with criminal intent.” Which is to say, recognizing the innate right of people
to cultivate and use marijuana would allow them to escape the clutches of “regulatory
capture” – in this case, by pharmaceutical corporations working in
alliance with the federal government.
This is how
an actual “drug cartel” works.
Where the right to use marijuana is recognized, abuses can
occur. The same is true of alcohol, a legal and immeasurably more destructive
drug – something Otter can certify on the basis of personal experience.
As Lieutenant Governor 23 years ago, Otter
was arrested for a DUI, and served a year of probation as a result. When
stopped by a Meridian police officer, Otter initially said that his vehicle
swerved because of a knee injury. He later explained to a jury that he failed a
field sobriety test because, in his hunger following an eight-mile run, he had
soaked chewing tobacco in Jack Daniels – an explanation that actually enhances,
rather than diminishes, concerns about potential issues of addiction.
Otter has plenty
of company in the Olympian realm in which dwells Idaho’s political elite.
This includes Deputy Corrections Director Josh Tewalt, who will be the
custodial master of any Idaho residents who seek effective medical treatment
with CBD in defiance of what Otter and his ilk insist on calling the “law.”
In 1999, less than two years after graduating from High
School, Tewalt
was hired as a staffer by Governor Dirk Kempthorne. Two
years later he was employed by then-Representative Butch Otter. While on
Otter’s staff Tewalt was arrested for DUI.
Although he resigned from Otter’s staff following a second
DUI arrest in 2005, he benefitted from the kind of leniency granted only to the
powerful and well-connected: The charge was reduced to inattentive driving.
This spared Tewalt a
mandatory one-year license suspension, compulsory installation of an ignition
interlock system, and a possible one-year prison sentence. Most importantly, the amended charge saved
him from a felony when he
was arrested for his third DUI just a few months later.
Since his record didn’t bear the indelible stain of a
felony, Tewalt was able to get a job with the Idaho Cattle Association,
eventually rising to the position of executive vice president. This brought him
into contact, once again, with Butch Otter, who had been elected governor.
Tewalt was appointed by Otter to serve as a legislative analyst in 2008. The
following year, Otter officiated at Tewalt’s wedding, where he met Brent
Reinke, Director of the Department of Corrections. Reinke hired Otter’s protégé
to be his deputy in 2011. This belated wedding gift by one crony to another entailed
a $40,000 dollar raise.
Tewalt was brought on board to be a “change agent,” insisted
Reinke, someone who can “learn our system and challenge our practices.” Tewalt
proved to be an apt pupil, and an indifferent revolutionary; with his help,
Idaho’s prison-industrial complex has prospered.
Idaho currently has the second-fastest growing prison population
in the Soyuz. Over the next four years, prison
construction and maintenance are expected to cost $300 million in funds
plundered from the state’s tax victims. On average, the amount of
time served by drug offenders – that is to say, political prisoners – is double
the national average. Owing to an unusually prehensile parole system, Idaho has
an exceptionally high rate of recidivism, and it’s
not uncommon for prisoners to serve 200
percent of their “fixed” sentences.
Tewalt’s stewardship includes the Juvenile
Corrections Center in Nampa, where more than a dozen child inmates –
including some who were mentally handicapped or on psychiatric medication -- were
molested or otherwise abused by guards and staffers. A federal
audit conducted under the Prison Rape Elimination Act certified
that the “problems” in that facility have been rectified. This came as a
surprise to some of the personnel cited in the report, who told the Idaho
Press-Tribune that the federal investigator never bothered to interview them.
The “system” Tewalt learned under Reike’s tutelage was one
in which some
inmates at the Idaho Correctional Center – a state prison operated by the
Nashville-based Corrections Corporation of America (CCA) – were routinely
beaten and abused by prison gangs under the indifferent supervision of the
staff. In 2010, several inmates filed lawsuits (which were later
consolidated into a class-action case) alleging that the CCA-run facility was
known as a “Gladiator School.”
Shortly before Tewalt was hired in 2011, a federal judge
imposed a consent decree requiring a number of reforms in the administration of
the prison. The CCA responded by falsifying at least 5,000 hours of employee
records to certify that it had maintained minimum staffing requirements. When
news of this misconduct went public, CCA filed for a protective order seeking
to preserve the opacity of its administrative practices. The corporation was
found in contempt of court – but was allowed to finish out its contract with
the state, which expired last year.
“We have delivered exceptional value to Idaho’s taxpayers
through cost savings, and we’ve also provided outstanding rehabilitation
programming to the inmates entrusted to our care,” boasted CCA Vice President Brad Regens
after the company decided not to bid on a follow-up contract. While that statement is a lie, it must be admitted, in all fairness, that this public-private partnership -- which is, by strict definition, an application of fascism -- offered "exceptional value" to the CCA's shareholders and executive-level employees.
Tim
Wengler, the Idaho Correctional Center’s warden, was
allowed to retire at age 46 – after firing
former chief of security Shane Jeppsen, who says he warned Wengler about
the abuses in 2010. Retaliation against whistleblowers continues to be a
feature, rather than a glitch, in the prison system Tewalt manages. Diana
Canfield, a former mental health clinician at the formerly CCA-run prison, was fired
after complaining to her supervisor about the destruction or alteration of
inmates’ medical records.
Many, if not most, of the people consigned to live in Josh
Tewalt’s domain are imprisoned because of vices, rather than crimes. But it’s
difficult to imagine anything more vicious than Butch Otter’s willingness to
imprison virtuous parents whose only “offense” is to use cannabis oil to treat
their incurably sick children.
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Dum spiro, pugno!
7 comments:
that is positively one of the best book reports on Animal Farm, ever.
and you didn't even use the "J" word.
oh yeah,
http://crooksandliars.com/heather/rachel-maddow-show-mcveigh-tapes
this is the same Idaho that still hasn't prosecuted
ADL/FBI State sponsored terrorist Lon Horiuchi for his "Constitutional" head shot of Vickie Weaver...
define : Authority
sincerely
Davy
CBD will be legal once its a patented drug. It can't be a drug with approval from the FDA unless its not natural and can be a patented drug. So that patented, pharmaceutical corporation's drugs are the only drugs that are legal is nothing short of a tax. Its a known fact, that a tax is theft so that the elitist are able to keep riding on the backs of the productive. It has nothing to do with what is best for the people by honest government.
I came to Idaho seeking to get away from fascist tactics but I'm heart broken over this nonsense. It became obvious to me, shortly after arriving, that there were far too many cops out and about for the population of this small state. Star, where my abode is located and gov Otter also lives, has a reputation for their aggressive policing for traffic fines. With only three ways in and out of this burg it's surprising to see these big lumbering shiny vehicles, which we all know cost an arm and a leg, in hiding ready to pounce. A microcosm of the bigger Illness afflicting the state
"...since this approach would supposedly be rife with “misuse and abuse with criminal intent.”
this politician has now given us the reason to outlaw POLITICIANS...and it can't happen fast enough.
Although he resigned from Otter’s staff following a second DUI arrest in 2005, he benefitted from the kind of leniency granted only to the powerful and well-connected: The charge was reduced to inattentive driving. This spared Tewalt a mandatory one-year license suspension, compulsory installation of an ignition interlock system, and a possible one-year prison sentence. Most importantly, the amended charge saved him from a felony when he was arrested for his third DUI just a few months later.
This is why I think I have a much bigger problem with "prosecutorial discresion" than mandatory minimums. "prosecutorial discresion" is being defined as a much needed process denied to us in the judicial system as a result of mandatory minimums. If that were so, this would not happen. If there were Really mandatory minimums, without prosecutorial discresion, hateful laws would end sooner. Please forgive my grammar. I am not skilled at this kind of thing. justice is in my heart though
Alexis' Law hit the wall of ignorance and bigotry that surrounds the Idaho Governor's Office. No surprise but sad and tragic that Governor Otter doesn’t fully understand the bill HE vetoed – if he ever READ it!!! The legislation would have provided the law enforcers with the discretion to deal sympathetically with parents and carers needing the harmless but effective oil for those in their care suffering from many incurable and intractable diseases. It’s probably an unbearable burden on the intelligence of your average law enforcer. What a shame that Idaho does not have a Governor of the same courage and compassion as those of Georgia, Tennessee, Utah and 14 other States that have already passed this law. It is a 'NO BRAINER', except for his paranoid Drugs Policy Director Elisha Figueroa, the “crazy mom” who keeps a drug testing kit in her home to test her own kids. She believes the law enforcers are too stupid to tell the difference between a drug offender and a sick child. Her bizarre testimony did not convince the Senate and House to vote against this law. Congratulations to the Senate and House who saw through this totally bigoted person. SHAME on Governor Otter who vetoes the bill relying on the advice of the likes of Figueroa and then has the audacity to offer his hollow sympathy to sufferers rather than the COMPASSION they so desperately need.
Will, thank you so much for your article and your appearance on Ron Paul's show. I am one of the parents that has been in Boise at the capitol this session, fighting for CBD for my son, Scout. I would love to correspond and/or talk with you sometime about this. Thank you for your support, and moving this to a national discussion.
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