The case of the Scottsboro Police Officer suspension and the legal ramifications of officer involvement related to Steroid usage continues. In this WAFF Ch48 News Report on Monday, 28 November the issue of police credibility is raised concerning future legal proceedings.
"Lt. Shane Clark along with officers Gerald Mount, Jeremy Ake and Chris McIllwain were all suspended for using testosterone, a class-three controlled substance." http://www.waff.com/story/16139820/drug-cases-being-questioned-made-by-scottsboro-police-officers?autoStart=true&topVideoCatNo=default&clipId=6496754
It has been reported there will be a special report on this evening's WAFF, Ch48 News Cast concerning the case involving steroid usage by Scottsboro Police Officers. Ch48 broadcasts local news at 5PM and 6PM with NBC National News between broadcasts at 5:30PM.
"Under the United States federal law, anabolic-androgenic steroids are controlled substances. The Anabolic Steroid Control Act of 1990 loosely defined anabolic-androgenic steroids as “any drug or hormonal substance chemically and pharmacologically related to testosterone.” Said act exempts estrogens, progestins, and corticosteroids."
"This definition was modified by the Anabolic Steroid Control Act of 2004, which was signed into federal law in October 2004. Under this new law, prohormones are included in the definition and thereby classifying tetrahydrogestrinone (THG), androstenedione, and specified related chemicals as controlled substances. This same law, which took effect January 2005, also increased the penalty for its violators. Punishment for trafficking of anabolic steroids has been elevated from a misdemeanor to a felony."
There are no legal "over the counter" products in the United States containing Testosterone steroids. Use of Testosterone products without a prescription is a felony in accordance with State and Federal Law.
From the United States Department of Justice, National Drug Intelligence Center: "Yes, it is illegal to use steroids without a valid prescription or to distribute them. Steroids are Schedule III substances under the Controlled Substances Act. Schedule III drugs, which have a legitimate medical function, may lead to moderate to low physical dependence or high psychological dependence." http://www.justice.gov/ndic/pubs5/5448/
Previous blog articles with links: Nov 21, 2011- http://arklite.blogspot.com/2011/11/scottsboro-city-council-meeting-mayors.html Nov 28, 2011 includes sit down discussion with Mayor and Police Chief concerning this issue. http://arklite.blogspot.com/2011/11/scottsboro-city-council-steroid-scandal.html
UPDATE: 6PM WAFF Ch 48 News Broadcast: Court Records produced by WAFF News contains Internal Affairs investigation documents, pre employment screening documents demonstrating evidence of illegal drug usage and distribution of a controlled substance. These documents point toward a cover-up by city officials concerning the use of illegal steroids by police.
Chief Dawe stated Monday in our sit-down discussion with him and the Mayor, "there was insufficient evidence to initiate an arrest." The Mayor indicated the officers were taking steroids for body building purposes. There was a discussion of dietary supplements vs prescription drugs. However, after further inquiry and research there are no legal dietary supplements containing Testosterone.
Alabama law concerning steroid usage as a controlled substance may be found at the ALABAMA STATE BOARD OF HEALTH, ALABAMA DEPARTMENT OF PUBLIC HEALTH, CHAPTER 420-7-2 CONTROLLED SUBSTANCES, Schedule III Controlled substances, line item (f) (1) Anabolic Steroids, Fed Code 4000. Link: http://www.alabamaadministrativecode.state.al.us/docs/hlth/
Section 13A-12-211 Unlawful distribution of controlled substances.
(a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony.
Section 13A-12-212 Unlawful possession or receipt of controlled substances.
(a) A person commits the crime of unlawful possession of controlled substance if: (1) Except as otherwise authorized, he possesses a controlled substance enumerated in Schedules I through V.
(b) Unlawful possession of a controlled substance is a Class C felony Code of Alabama link: http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/coatoc.htm
The lack of further investigation to facilitate an arrest establishes a precedent for two standards of law, one for public officials and one for the citizen. Previously in Scottsboro there have been unfortunate political decisions where crime by influential citizens is overlooked while the average Jane and Joe is prosecuted. Those who speak up about injustice, misconduct by politicians and unjust influence by influential citizens have had to tolerate harrassment and illegal actions by authorities including law enforcement.
Daily Sentinel op-ed in defense of public official's actions: http://thedailysentinel.com/opinion/editorials/article_ca449a46-1ba3-11e1-b3c2-001cc4c03286.html
Hiding of police and public official misconduct, to include the covering up of crime by public officials, is unacceptable conduct. Some public officials do not learn the lessons of our history. Citizens must not forget these events as election time is just around the corner. Public official misconduct brings discredit on our community.
NEW POLICE DOG
More damage control and excuses from the Daily Sentinel, Dec 1, 2011. Mayor says, "criticism of a cover up is unfounded." Also, it is revealed the steroid scandal has been ongoing for several months. "Three of the four Scottsboro police officers suspended after an internal investigation, admitted using steroids back in the summer, but not since." http://thedailysentinel.com/news/article_02197e40-1c72-11e1-8a7a-001871e3ce6c.html What was it the Mayor said, "It is still my belief and policy that information concerning our employees is confidential as long as no crimes are committed." The illegal use of a controlled substance and the distribution of said controlled substances are against the law.
Garrity Rights Issue discussed in the Daily Sentinel article by District Attorney.
The Garrity Right is not a right to circumvent the prosecution of violations of the law by police or for that matter any public official. Nor does Garrity extend a free pass to not investigate criminal activity. In this case is there confusion concerning the components of protection and prohibition? There is a clear line between criminal investigations, criminal prosecution and administrative acts such as suspension and termination of employment.
The fact responsible public officials attempt to "muddy up the issues" utilizing Garrity Rights to cover-up criminal activity of police officers is problematic for the public officials involved. It is also a slap in the face of citizens and lady justice relative to equal protection under the law. Creation of 2 distinct criminal justice systems, one for public officials and one for the average citizen is not acceptable. More on the issue of Garrity Rights. http://www.poam.net/legal/2008/garrity-right-protection-and-prohibition-triggered-by-compulsion/
Are the police and responsible officials not concerned where the anabolic steroids are originating? Why is there not an investigation into the issue of anabolic steroid abuse and distribution in Scottsboro? Why is there a coverup of these issues since "back in the summer?"