McGovern: Judge's ruling that drug den no `endangerment' to children confounds

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McGovern: Judge's ruling that drug den no `endangerment' to children confounds
Thursday, August 21, 2014
Bob McGovern


Here’s a mind-blower from the halls of justice.

Johanny Hernandez kept her two young children in a Mattapan apartment allegedly filled with heroin and cocaine, and equipped with a surveillance system to guard the operation. Yet a Superior Court judge has ruled that Hernandez did not recklessly endanger her kids — despite a flood of evidence showing a well-orchestrated drug operation in the apartment.

“The reckless engagement statute … does not criminalize foolish, reckless, or negligent parenting,” wrote Superior Court Judge Peter Krupp. “It does not criminalize neglect of a child or extraordinarily poor role modeling. It does not even criminalize the use of a child to aid in the distribution of drugs. … (I)t is hardly self-evident that a person who sells drugs out of her house is likely to be robbed, and, if robbed, that her children will be physically or sexually harmed during the robbery.”

The problem with the case, according to Krupp — a seasoned litigator who was appointed to the bench by Gov. Deval Patrick in 2012 — was he didn’t think the grand jury that indicted Hernandez had heard enough evidence to prove she was putting her children in any danger.

Krupp wanted prosecutors to show that Hernandez’s kids — who cops say are between 7 and 10 years old — faced a “substantial” risk of sustaining a “serious bodily injury” in the alleged drug den.

Yet court documents indicate that one of Hernandez’s children once opened the door for an undercover agent and led him upstairs to meet Alex Santana — the alleged leader of the “drug organization.”

Needless to say, Suffolk prosecutors think Krupp got it all wrong.

continued http://bostonherald.com/news_opinio...ing_that_drug_den_no_endangerment_to_children
 
The danger to those kids has clearly been underestimated: A SWAT team could break down their door at any moment and knock them senseless.
 
Is drug use (prescription, regulated, and/or clandestine; medical and/or recreational) risky? Always - no drug use is without risks. It is never 100% risk free.

Is recreational drug use (prescription, regulated, and/or clandestine) a healthy decision? Most likely no.

Does the minority group of individuals in America who consume controlled substances without a government permission slip deserve to have their lives ruined by bureaucrats who can't stop playing "Cat & Mouse" because of the potential plunder that they can legally get their hands on due to stupid laws? Absolutely not.

Are all recreational consumers of controlled substances actual addicts? Not even close.

Is directly exposing children (or anyone for that matter) to any drugs (or their precursors) in powder, liquid, or gaseous form potentially risky? Yes it certainly can be, if they are left out in the open.

Is there evidence that the parent(s) of the children directly exposed their offspring to their work supplies? Apparently there isn't.

Is it possible that those children could be critically injured because a swat team happens to lob a stun grenade a foot from their faces while they're sleeping at 3am? Yes. In fact, it's already happened.

Is there a greater chance of those children having their lives tragically ruined because of the unintended consequences of the war on drugs? Sadly, yes, but try to explain that to certain people and they can't seem to comprehend the flaw in the current solution which has never worked since its inception over 4 decades ago, even though over $1,000,000,000,000 (one trillion) USD have been wasted on trying to eradicate the use of CERTAIN drugs, and at least two promises of a drug free America by 1980 (made by Nixon) and by 2008 (made by the UN) have not been met at all. In contrast, the other side continues to get progressively better at doing their job, as well as richer.

From a business standpoint, if you look at the money sunk into the War on Drugs by governments around the world since it started, and you consider the results (or lack there of), then this is a REALLY BAD investment. Actually, it's probably the worst investment ever made in the history of investments. Again, $1,000,000,000,000 USD in America alone with no tangible results.

Hello? Did nobody get the memo? EPICALLY BAD INVESTMENT! Sorry about the caps.
 
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