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How Psychedelic Drugs Can Help Patients Face Death

By LAUREN SLATER @nytimes

Pam Sakuda was 55 when she found out she was dying. Shortly after having a tumor removed from her colon, she heard the doctor’s dreaded words: Stage 4; metastatic. Sakuda was given 6 to 14 months to live. Determined to slow her disease’s insidious course, she ran several miles every day, even during her grueling treatment regimens. By nature upbeat, articulate and dignified, Sakuda — who died in November 2006, outlasting everyone’s expectations by living for four years — was alarmed when anxiety and depression came to claim her after she passed the 14-month mark, her days darkening as she grew closer to her biological demise. Norbert Litzinger, Sakuda’s husband, explained it this way: “When you pass your own death sentence by, you start to wonder: When? When? It got to the point where we couldn’t make even the most mundane plans, because we didn’t know if Pam would still be alive at that time — a concert, dinner with friends; would she still be here for that?” When came to claim the couple’s life completely, their anxiety building as they waited for the final day.

 

As her fears intensified, Sakuda learned of a study being conducted by Charles Grob, a psychiatrist and researcher at Harbor-U.C.L.A. Medical Center who was administering psilocybin — an active component of magic mushrooms — to end-stage cancer patients to see if it could reduce their fear of death. Twenty-two months before she died, Sakuda became one of Grob’s 12 subjects. When the research was completed in 2008 — (and published in the Archives of General Psychiatry last year) — the results showed that administering psilocybin to terminally ill subjects could be done safely while reducing the subjects’ anxiety and depression about their impending deaths.

Grob’s interest in the power of psychedelics to mitigate mortality’s sting is not just the obsession of one lone researcher. Dr. John Halpern, head of the Laboratory for Integrative Psychiatry at McLean Hospital in Belmont Mass., a psychiatric training hospital for Harvard Medical School, used MDMA — also known as ecstasy — in an effort to ease end-of-life anxieties in two patients with Stage 4 cancer. And there are two ongoing studies using psilocybin with terminal patients, one at New York University’s medical school, led by Stephen Ross, and another at Johns Hopkins Bayview Medical Center, where Roland Griffiths has administered psilocybin to 22 cancer patients and is aiming for a sample size of 44. “This research is in its very early stages,” Grob told me earlier this month, “but we’re getting consistently good results.”

Grob and his colleagues are part of a resurgence of scientific interest in the healing power of psychedelics. Michael Mithoefer, for instance, has shown that MDMA is an effective treatment for severe P.T.S.D. Halpern has examined case studies of people with cluster headaches who took LSD and reported their symptoms greatly diminished. And psychedelics have been recently examined as treatment for alcoholism and other addictions.

Despite the promise of these investigations, Grob and other end-of-life researchers are careful about the image they cultivate, distancing themselves as much as possible from the 1960s, when psychedelics were embraced by many and used in a host of controversial studies, most famously the psilocybin project run by Timothy Leary. Grob described the rampant drug use that characterized the ’60s as “out of control” and said of his and others’ current research, “We are trying to stay under the radar. We want to be anti-Leary.” Halpern agreed. “We are serious sober scientists,” he told me.

Sakuda’s terminal diagnosis, combined with her otherwise perfect health, made her an ideal subject for Grob’s study. Beginning in January 2005, Grob and his research team gave Sakuda various psychological tests, including the Beck Depression Inventory and the Stai-Y anxiety scale to establish baseline measures of Sakuda’s psychological state and to rule out any severe psychiatric illness. “We wanted psychologically healthy people,” Grob says, “people whose depressions and anxieties are not the result of mental illness” but rather, he explained, a response to a devastating disease.

Sakuda would take part in two sessions, one with psilocybin, one with niacin, an active placebo that can cause some flushing in the face. The study was double blind, which meant that neither the researchers nor the subjects knew what was in the capsules being administered. On the day of her first session, Sakuda was led into a room that researchers had transformed with flowing fabrics and fresh flowers to help create a soothing environment in an otherwise cold hospital setting. Sakuda swallowed a capsule and lay back on the bed to wait. Grob had invited her — as researchers do with all their subjects — to bring objects from home that had special significance. “These objects often personalize the session room for the volunteer and often prompt the patient to think about loved ones or important life events,” Roland Griffiths, of Johns Hopkins, says.

“I think it’s kind of goofy,” Halpern says, “but the thinking is that with the aid of the psychedelic, you may come to see the object in a different light. It may help bring back memories; it promotes introspection, it can be a touchstone, it can be grounding.”

Sakuda brought a few pictures of loved ones, which, Grob recalled, she clutched in her hands as she lay back on the bed. By her side were Grob and one of his research assistants, both of whom stayed with the subjects for the six-to-seven-hour treatment session. Sakuda knew that there would be time set aside in the days and weeks following when she would meet with Grob and his team to process what would happen in that room. Black eyeshades were draped over Sakuda’s face, encouraging her to look inward. She was given headphones. Music was piped in: the sounds of rivers rushing, sweet staccatos, deep drumming. Each hour, Grob and his staff checked in with Sakuda, as they did with every subject, asking if all was O.K. and taking her blood pressure. At one point, Grob observed that Sakuda, with the eyeshades draped over her face, began to cry. Later on, Sakuda would reveal to Grob that the source of her tears was a keen empathetic understanding of what her spouse Norbert would feel when she died.

Grob’s setup — the eyeshades, the objects, the mystical music, the floral aromas and flowing fabrics — was drawn from the work of Stanislav Grof, a psychiatrist born in Prague and a father of the study of psychedelic medicine for the dying. In the mid-’60s — before words like “acid” and “bong” and “Deadhead” transformed the American landscape, at a time when psychedelics were not illegal because most people didn’t know what they were and thus had no urge to ingest them — Grof began giving the drug to cancer patients at the Spring Grove State Hospital near Baltimore and documenting their effects.

Grof kept careful notes of his many psychedelic sessions, and in his various papers and books derived from those sessions, he described cancer patients clenched with fear who, under the influence of LSD or DPT, experienced relief from the terror of dying — and not just during their psychedelic sessions but for weeks and months afterward. Grof continued his investigations into psychedelics for the dying until the culture caught up with him — the recreational use of drugs and the reaction against them leading to harsh antidrug laws. (Richard Nixon famously called Timothy Leary “the most dangerous man in America.”) Financing for psychedelic studies dried up, and Grof turned his attention to developing alternative methods of accessing higher states of consciousness. It is only now, decades later, that Grob and a handful of his fellow scientists feel they can re-examine Grof’s methods and outcomes without risking their reputations.

Norbert Litzinger remembers picking up his wife from the medical center after her first session and seeing that this deeply distressed woman was now “glowing from the inside out.” Before Pam Sakuda died, she described her psilocybin experience on video: “I felt this lump of emotions welling up . . . almost like an entity,” Sakuda said, as she spoke straight into the camera. “I started to cry. . . . Everything was concentrated and came welling up and then . . . it started to dissipate, and I started to look at it differently. . . . I began to realize that all of this negative fear and guilt was such a hindrance . . . to making the most of and enjoying the healthy time that I’m having.” Sakuda went on to explain that, under the influence of the psilocybin, she came to a very visceral understanding that there was a present, a now, and that it was hers to have.

Two weeks after Sakuda’s psilocybin session, Grob readministered the depression and anxiety assessments. Over all among his subjects, he found that their scores on the anxiety scale at one and three months after treatment “demonstrated a sustained reduction in anxiety,” the researchers wrote in The Archives of General Psychiatry. They also found that their subjects’ scores on the Beck Depression Inventory dropped significantly at the six-month follow-up. “The dose of psilocybin that we gave our subjects was relatively low in comparison to the doses in Stanislav Grof’s studies,” Grob told me. “Nevertheless, and even with this modest dose, it appears the drug can relieve the angst and fear of the dying.”

Lauri Reamer is a 48-year-old survivor of adult-onset leukemia. Before the leukemia, she was an anesthesiologist and a committed agnostic who believed in “validity” and “reliability,” the scientific method her route to truth. Reamer recalls the morning when all that changed, when, utterly depleted, she bumped her leg on a railing and saw a bruise rush up, livid on her pale flesh; it was then she knew something was terribly wrong. After that came the diagnosis, the bone-marrow biopsies, the terrible trek toward a recovery that was tentative at best. “I believed I was going to die,” Reamer told me.

Reamer made it through the leukemia — or, rather, she went into remission — but the illness and the brutal bone-marrow treatments she underwent left a deep mental scar, a profound fear that the cancer would return made it difficult to experience any joy in life. Her illness was lurking around every corner, waiting to haul her away. “When I was near death, I wasn’t so afraid of it,” Reamer said, “but once I went into remission, well, I had an intense fear and anxiety around relapse and death.”

It was in the midst of this fear that, one day in May 2010, Reamer learned about Griffiths’s study at Johns Hopkins. For years, Griffiths had been studying the effects of psilocybin on healthy volunteers. He wanted to see if particular doses of the drug could induce mystical states similar to naturally occurring ones: think Joan of Arc or Paul on the road to Damascus. Griffiths says that he and his research team found an ideal range of dosage levels — 20 to 30 milligrams of psilocybin — that not only reliably stimulated “mystical insights” but also elicited “sustained positive changes in attitude, mood and behavior” in the study volunteers. Specifically, when Griffiths administered a psychological test called the Death Transcendance Scale at the 1- and 14-month follow-up, he saw subjects’ ratings rise on statements like “Death is never just an ending but part of a process” and “My death does not end my personal existence.”

“After transcendent experiences, people often have much less fear of death,” Griffiths says. Fourteen months after participating in a psilocybin study that was published in The Journal of Psychopharmacology last year, 94 percent of subjects said that it was one of the five most meaningful experiences of their lives; 39 percent said that it was the most meaningful experience.

Wondering whether he could see the same shifts in attitude in terminally ill patients, he designed a study that gave subjects a high dose of psilocybin (higher than Grob had given) in one session and a dose that varied from subject to subject in a second session. Because the study is continuing, Griffiths did not want to discuss the precise amounts of the drug given, but said that “dose selection in the cancer study is informed by what we have learned in the prior studies.”

At the end of September 2010, Lauri Reamer took her first dose of psilocybin. “I mostly just cried through that session,” she says. Three weeks later, she went back to Johns Hopkins for her second dose. She remembers a lovely room with a large plush couch. Griffiths entered and wished her well. Reamer had pictures of her children and items that reminded her of her recently deceased father, and after swallowing the psilocybin capsule, Reamer sat with two study coordinators and looked at the memorabilia. She talked about what each item meant to her, waiting for the drug to take effect, assessing her own internal state. “And then it happened,” she told me. “I was at first sitting up on the couch and talking about my daughter’s baby blanket, which I’d brought with me, and then I went supine. They dimmed the lights. I got dark eyeshades. They put headphones on me, and music started pouring into my ears. Some dark opera. Some choral music. Some mystical music. There was a bowl of grapes; they were big juicy grapes,” Reamer says, and she remembers the sweetness, the freshness, the tiny seeds embedded in the gel.

Once the drug took effect, Reamer lay there and rode the music’s dips and peaks. Reamer said that her mind became like a series of rooms, and she could go in and out of these rooms with remarkable ease. In one room there was the grief her father experienced when Reamer got leukemia. In another, her mother’s grief, and in another, her children’s. In yet another room was her father’s perspective on raising her. “I was able to see things through his eyes and through my mother’s eyes and through my children’s eyes; I was able to see what it had been like for them when I was so sick.”

Reamer took the psilocybin at about 9 a.m., and its effects lasted until about 4 p.m. That night at home, she slept better than she had in a long time. The darkness finally stopped scaring her, and she was willing to go under, not because she knew she would come back up but because “under” was not as frightening. Why she was less afraid to die is hard for her to explain. “I now have the distinct sense that there’s so much more,” she says, “so many different states of being. I have the sense that death is not the end but just part of a process, a way of moving into a different sphere, a different way of being.”

Researchers acknowledge that it’s not clear how psilocybin reduces a person’s anxiety about mortality, not simply during the trip but for weeks and months following. “It’s a bit of a mystery,” Grob says. “I don’t really have altogether a definitive answer as to why the drug eases the fear of death, but we do know that from time immemorial individuals who have transformative spiritual experiences come to a very different view of themselves and the world around them and thus are able to handle their own deaths differently.”

“On psychedelics,” Halpern says, “you have an experience in which you feel there is something you are a part of, something else is out there that’s bigger than you, that there is a dazzling unity you belong to, that love is possible and all these realizations are imbued with deep meaning. I’m telling you that you’re not going to forget that six months from now. The experience gives you, just when you’re on the edge of death, hope for something more.”

If psilocybin can so reliably induce these life-altering experiences, why have the hundreds of thousands of Americans who have taken magic mushrooms recreationally not had this profound experience? Grob explains that in addition to the carefully controlled setting of these studies and the opportunity to process the experience with the researchers, the subjects are primed for transcendence before they even take the drug. “Unlike the recreational user, we process the experience ahead of time,” Grob says. “We make it very clear up front that the hoped-for outcome is therapeutic, that they’ll have less anxiety, less depression and a greater acceptance of death.” Subjects, in other words, intend to have a transformative experience. Grob says that psilocybin taken in this setting is “existential medicine.”

For all the eloquence of these explanations, however, something feels fuzzy about a phenomenon in which a cancer-ridden patient takes a pill and overcomes her fear of death not just for the moment but for weeks and months that follow. A recent British study, published in The Proceedings of the National Academy of Sciences earlier this year, may begin to help us understand what might be happening here. In this study, David J. Nutt, a psychiatrist at the Imperial College London, and his team used an M.R.I. to scan healthy volunteers dosed on psilocybin in order to “capture the transition from normal waking consciousness to the psychedelic state.” The researchers found that the states of “unrestrained consciousness” that accompany the ingestion of psilocybin are associated with a deactivation of regions of the brain that integrate our senses and our perception of self. In depressed people, Nutt explains, one of those regions, the anterior cingulate cortex, is overactive, and psilocybin may work to shut it down. Nutt is planning a study in which he will give psilocybin to individuals with treatment resistant depression and see whether the drug can ease some of depression’s most recalcitrant symptoms.

Perhaps end-stage cancer patients are able to capture enduring benefits of psilocybin precisely because they are processing their drug experiences again and again with research staff and in doing so are changing the way the brain encodes positive memories. The phenomenon might be similar to how other memories work; when we remember something sweet-smelling, the olfactory neurons in our brain start to stir; when we remember running, our motor cortex begins to buzz. If this is the case then merely recalling the trip could resurrect its neural correlates, allowing the person to re-experience the insight, the awareness, the hope.

Because Grob and other psychedelic researchers are careful to separate their scientific work from the shadow of the 1960s, they have a complicated relationship with a psychedelic advocate named Rick Doblin, the founder and executive director of the Multidisciplinary Association for Psychedelic Study (MAPS), located in Santa Cruz, Calif. Doblin is not a psychiatrist — his advanced degree in public policy is from Harvard’s Kennedy School — and his mission is to legalize psychedelics so they can be prescribed for “a wide range of clinical indications.” Doblin says, in addition, “these substances should be available for things that are not diseases, like personal growth, spirituality, couples’ counseling.”

Despite their differing stances, MAPS and researchers meet at many points. Doblin, for instance, has F.D.A. approval to do a study on the psychological effects of MDMA when taken by healthy volunteers. His subjects will be therapists who are taking part in a MAPS program that teaches them how to guide their clients through psychedelic journeys. Doblin also worked closely with the Swiss researcher Dr. Peter Gasser in investigating the safety and efficacy of LSD-assisted psychotherapy for subjects with anxiety stemming from life-threatening illnesses.

“Rick Doblin has done a lot for the field, but he is more of a populist,” Grob says. “We need careful and controlled scientific studies showing the efficacy of these drugs so funding can continue.” Broader awareness of these sorts of end-of-life psychedelic studies could be good for everyone, the researchers say. “If insurance companies knew about our outcomes, they might get a lot more interested in what we’re doing here.” Griffiths continued: “When you make people less afraid to die, then they’re less likely to cling to life at a huge cost to society. After having such a transcendent experience, individuals with terminal illness often show a markedly reduced fear of dying and no longer feel the need to aggressively pursue every last medical intervention available. Instead they become more interested in the quality of their remaining life as well as the quality of their death.”

In a future still far off, Grob imagines retreat centers where the dying could have psilocybin administered to them by a staff trained for the task. Doblin asks: “Why confine this to just the dying? This powerful intervention could be used with young adults who could then reap the benefits of it much earlier.” The subjects who have undergone psilocybin treatment report an increased appreciation for the time they have left, a deeper awareness of their roles in the cycle of life and an increased motivation to invest their days with meaning. “Imagine allowing young adults, who have their whole lives in front of them, access to this kind of therapy,” Doblin says. “Imagine the kind of lives they could then create.”

If David Nutt, in Britain, is able to prove the efficacy of psilocybin for treatment-resistant depression, would the F.D.A. ever consider approving it for that use? And if that ever were to happen, what sort of slippery slope would we find ourselves on? If, say, end-stage cancer patients can have it, then why not all individuals over the age of, say, 75? If treatment-resistant depressives can have it, then why not their dysthymic counterparts, who suffer in a lower key but whose lives are clearly compromised by their chronic pain? And if dysthymic individuals can have it, then why not those suffering from agoraphobia, shut up day and night in cramped quarters, Xanax bottles littered everywhere?

Halpern is not particularly worried about this theoretical future, in large part because he doesn’t see much hope for psilocybin as a medicine. “There’s no money in it,” he says. “What drug company is going to invest millions in a substance widely available in our flora and fauna?” Grob has a more practical response, suggesting that, in our theoretical future, drugs like psilocybin should be reserved for only those who have no other alternatives. “There’s a lot of good treatment for depression,” he says. “And anxiety too. A drug like psilocybin, or maybe psilocybin itself, should be reserved for those who have no other treatment options.”

Besides, Grob told me, scientists are still at the very early stages of this research. “Twelve people,” he says of the size of his study. “One study with 12 people is not very definitive.” And yet, talking to him, you can hear a hint of excitement, something rising. “We saw remarkable and sustained changes in cancer patients’ spiritual dispositions. People’s entire sense of who they are has been altered in a positive manner.” He is looking forward to the day, he told me, when Griffiths and Ross “crunch their numbers” from their current studies. Grob says, “From what they say they’re seeing, it all sounds very positive.” Perhaps, then, we need not understand precisely how and why psilocybin works, accepting, as Halpern puts it, that “when you combine the chemical, the corporeal and the spiritual, you get a spark. You get magic.”

Is this what you call ‘back to normal?’: Day after scientists hail recovery of Gulf Coast, new pictures show the real damage


@thedailymail

These are the shocking images of the long term damage last year’s BP oil spill has done to the Gulf coastline.

Coming a day after scientists said Gulf of Mexico surface water was ‘almost back to normal’, these shots paint a very different picture of how wild life and fauna in the affected zones have fared a year on from the Deep Water Horizon accident.

Only yesterday, more than three dozen scientists graded the Gulf’s health a 68 on average, using a 1-to-100 scale. This is just below the 71 grade the same researchers last summer said they would give the ecosystem before the spill.

But despite the optimistic analysis for marine life, the shore line has suffered far more long lasting damage from the cloying oil.

 

On April 20 last year BP’s Deepwater Horizon oil rig exploded, killing 11 workers, spewing 172 million gallons of oil into the surrounding sea.

The resulting fire could not be extinguished and, on 22 April 2010, Deepwater Horizon sank, leaving the well gushing at the sea floor and causing the largest offshore oil spill in United States history.

While scientists from a number of organisations were cautiously optimistic about the water surrounding last year’s spill site, there were warnings that below the surface the marine wildlife was still suffering untold damage.Deep below the surface, in hard-to-get-to marshes and in the slow-moving food web it is till feared some of the effects may not be seen for years.

‘When considering the entire Gulf of Mexico, I think the natural restoration of the Gulf is back to close to where it was before the spill,’ said Wes Tunnell at Texas A&M University, who wrote a scientific advisory report for the federal arbitrator who is awarding money to residents and businesses because of the oil spill.

Tunnell’s grades are typical. He says the Gulf’s overall health before the spill was a 70; he gives it a 69 now.

If that pre-spill grade isn’t impressive, it’s because the Gulf has long been an environmental victim – oil from drilling and natural seepage, overfishing, hurricanes and a huge oxygen-depleted dead zone caused by absorbing 40 per cent of America’s farm and urban runoff from the Mississippi River.

Today, a dozen scientists give the Gulf as good a grade as they did before the spill. One of those is Louisiana State University professor Ed Overton, a veteran of oil spills.

Dolphins initially seemed to be OK, but as more carcasses than usual kept washing up – almost 300 since the spill – the grade fell to 66, compared to a pre-spill 75.

Oysters, always under siege, dropped 10 points, crabs dropped six points. And the overall food web slid from 70 before the spill to 64 now.

Despite the optimistic picture on the surface, Dana Wetzel at the Mote Marine Laboratory in Florida, said: ‘Anyone who says the Gulf is fine is being precipitous. It’s out-of-sight, out-of-mind, but in my humble opinion this is not over.’

While BP money has flowed for immediate cleanup and compensation, the bigger bill for environmental damage and federal penalties is still being calculated.

The federal government is collecting data on that, but much is kept from outside scientists. So some of the most important details are being held closely like cards in a high-stakes poker game, outside researchers say.

Ironically, one of the rig’s operators, Transocean, has given staff big payouts for achieving the ‘best year in safety performance in our company’s history.’

Transocean gave it most senior managers, two thirds of the total possible safety bonus, according to papers filed to the Securities and Exchange Commission.

It noted ‘the tragic loss of life’ in the Gulf, but said the company still had an ‘exemplary’ safety record because it met or exceeded certain internal safety targets.

William Reilly, co-chairman of the White House commission that investigated the oil spill, said that Transocean’s comments were ‘embarrassing’.

‘It’s been said with respect to the disaster that some companies just don’t get it – I think Transocean just doesn’t get it,’ Reilly said.

BP is spending around $41billion on cleaning up the spill and to cover damages, but investigations into the disaster are far from over.

News of the Gulf of Mexico drilling is expected to outrage environmentalists, but comes as a welcome development for the embattled oil firm.

The company is also reeling after a Swedish tribunal last month ruled a £10billion deal between BP and Russia’s Rosneft should be put on hold because of a dispute with shareholders at Russian partner TNK-BP.

It has put the group’s shares under pressure and led to doubts over chief executive Bob Dudley, who replaced Mr Hayward following the Gulf spill.

Only this month their were rumours BP would start drilling in the region again.

BP, the largest holder of deepwater acreage in the Gulf of Mexico, is a partner in a well operated by Noble Energy, which has received the first permit to since a drilling ban imposed after the Deep Water Horizion incident ended.

Last week Lamar McKay, BP America’s CEO indicated that the company is ‘working constructively’ with regulators to meet new rules.

A source close to the company said: ‘BP is hoping to resume drilling in the summer once it shows it can satisfy applicable regulatory conditions, as set out by the U.S. offshore regulator.’

Megaupload Trial May Never Happen, Judge Says

@Torrentfreak
A US judge has put a bomb under the Megaupload case by informing the FBI that a trial in the United States may never happen. The cyberlocker was never formally served with the appropriate paperwork by the US authorities, as it is impossible to serve a foreign company with criminal charges.

kim dotcomThe US Government accuses Kim Dotcom and the rest of the “Mega Conspiracy” of running a criminal operation.

Charges in the indictment include engaging in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering and two substantive counts of criminal copyright infringement.

While the prosecution is hoping to have Megaupload tried in the US, breaking news suggests that this may never happen.

It turns out that the US judge handling the case has serious doubts whether it will ever go to trial due to a procedural error.

“I frankly don’t know that we are ever going to have a trial in this matter,” Judge O’Grady said as reported by the NZ Herald.

Judge O’Grady informed the FBI that Megaupload was never served with criminal charges, which is a requirement to start the trial. The origin of this problem is not merely a matter of oversight. Megaupload’s lawyer Ira Rothken says that unlike people, companies can’t be served outside US jurisdiction.

“My understanding as to why they haven’t done that is because they can’t. We don’t believe Megaupload can be served in a criminal matter because it is not located within the jurisdiction of the United States,” Rothken says.

Megaupload’s lawyer adds that he doesn’t understand why the US authorities weren’t aware of this problem before. As a result Judge O’Grady noted that Megaupload is “kind of hanging out there.”

If this issue indeed prevents Megaupload from being tried in the US, it would be a blunder of epic proportions. And it is not the first “procedural” mistake either.

Last month the New Zealand High Court declared the order used to seize Dotcom’s property “null and void” after it was discovered that the police had acted under a court order that should have never been granted.

The error dates back to January when the police applied for the order granting them permission to seize Dotcom’s property. Rather than applying for an interim restraining order, the Police Commissioner applied for a foreign restraining order instead.

The exact ramifications of the failure to serve will become apparent in the near future.

Update: Megaupload founder Kim Dotcom responds, and he’s not happy.

Driven By Drug War Incentives, Cops Target Pot Smokers, Brush Off Victims Of Violent Crime

by radley balko @ the huffington post

CHICAGO — As Jessica Shaver and I chat at a coffee shop in Chicago’s north-side Andersonville neighborhood, a police car pulls into the parking lot across the street. Then another. Two cops get out, lean up against their cars, and appear to gaze across traffic into the store. At times, they seem to be looking directly at us. Shaver, who works as an eyebrow waxer at a nearby spa, appears nervous.

“See what I mean? They follow me,” says Shaver, 30. During several phone conversations Shaver told me that she thinks a small group of Chicago police officers are trying to intimidate her. These particular cops likely aren’t following her; the barista tells me Chicago cops regularly stop in that particular parking lot to chat. But if Shaver is a bit paranoid, it’s hard to blame her.

A year and a half ago she was beaten by a neighborhood thug outside of a city bar. It took months of do-it-yourself sleuthing, a meeting with a city alderman and a public shaming in a community newspaper before the Chicago Police Department would pay any attention to her. About a year later, Shaver got more attention from cops than she ever could have wanted: A team of Chicago cops took down her door with a battering ram and raided her apartment, searching for drugs.

Shaver has no evidence that the two incidents are related, and they likely aren’t in any direct way. But they provide a striking example of how the drug war perverts the priorities of America’s police departments. Federal anti-drug grants, asset forfeiture policies and a generation of battlefield rhetoric from politicians have made pursuing low-level drug dealers and drug users a top priority for police departments across the country. There’s only so much time in the day, and the focus on drugs often comes at the expense of investigating violent crimes with victims like Jessica Shaver. In the span of about a year, she experienced both problems firsthand.

THE BATTERY

On the night of May 13, 2010, Shaver was smoking a cigarette with her friend Damon outside the Flat Iron bar in Wicker Park. She said she saw a woman walking away from the bar alone when two men began shouting profanities at her. The men then began walking toward the woman. “I made eye contact with her, and she looked like she was in trouble,” Shaver said.

Shaver shouted at the men to leave the woman alone, at which point she says the the two men turned their attention to her, approached her, and began shouting at her. Damon told the men to leave Shaver alone. They jumped Damon and began to beat him. Shaver said she then tried to pry the men off her friend, and managed to free him long enough for him to get away and call 911. Shaver said she was punched repeatedly, including in the face. She fell, stood up, and was hit in the face again. The men then robbed her and left. When she woke up the next morning with bruises, she went to the hospital. Doctors found a concussion and several contusions.

Two weeks later, Shaver still hadn’t heard from the detective assigned to her case. When she finally went to the police station in person to get an update on the investigation, she was told there was no record of the incident. She filed another report, but was told it was unlikely police would be able to track down the witnesses again, and that even if they were, the witnesses’ memories were likely to have faded. Shaver says she decided to investigate on her own. She went back to the Flat Iron and questioned customers and employees herself. A bartender gave her the men’s nicknames: “Cory” and “Sonny,” the guy who hit her. Shaver learned that Sonny was also a reputed cocaine dealer. She heard he had a violent streak, and had been banned from a number of neighborhood bars.

“I was scared,” Shaver said. “I’d heard bad things about this guy, and he knew who I was.”

Shaver is thoroughly tattooed, which makes her easy to recognize. So she dyed her hair, covered her tattoos with clothing, and kept investigating. She worked her way through social networking sites like Facebook and MySpace until she was able to put actual names to her attackers’ faces and nicknames. And yet she still couldn’t get anyone at Chicago PD to help her. “I gave them the guy’s name and everything,” she said. “There were even hip hop videos online with him in them. I told them, ‘That’s the guy!’ They still wouldn’t listen to me.”

In August 2010, three months after the attack, Shaver contacted a reporter for Time Out Chicago, who began asking around about her case. Shaver also met with Chicago Alderman Joe Marino. Shortly before the Time Out article went to press, a detective finally called Shaver down to the police station to identify her attacker. But even with her identification, the police didn’t arrest “Sonny.” He wasn’t charged with the assault until the following month, when he was arrested on an unrelated domestic violence charge.

Shortly after she finally identified her attacker at the police station, Shaver said the detective in charge of her case told her, “Now I don’t want to hear any more bitching from you.”

MISPLACED PRIORITIES

Arresting people for assaults, beatings and robberies doesn’t bring money back to police departments, but drug cases do in a couple of ways. First, police departments across the country compete for a pool of federal anti-drug grants. The more arrests and drug seizures a department can claim, the stronger its application for those grants.

“The availability of huge federal anti-drug grants incentivizes departments to pay for SWAT team armor and weapons, and leads our police officers to abandon real crime victims in our communities in favor of ratcheting up their drug arrest stats,” said former Los Angeles Deputy Chief of Police Stephen Downing. Downing is now a member of Law Enforcement Against Prohibition, an advocacy group of cops and prosecutors who are calling for an end to the drug war.

“When our cops are focused on executing large-scale, constitutionally questionable raids at the slightest hint that a small-time pot dealer is at work, real police work preventing and investigating crimes like robberies and rapes falls by the wayside,” Downing said.

And this problem is on the rise all over the country. Last year, police in New York City arrested around 50,000 people for marijuana possession. Pot has been decriminalized in New York since 1977, but displaying the drug in public is still a crime. So police officers stop people who look “suspicious,” frisk them, ask them to empty their pockets, then arrest them if they pull out a joint or a small amount of marijuana. They’re tricked into breaking the law. According to a report from Queens College sociologist Harry Levine, there were 33,775 such arrests from 1981 to 1995. Between 1996 and 2010 there were 536,322.

Several NYPD officers have alleged that in some precincts, police officers are asked to meet quotas for drug arrests. Former NYPD narcotics detective Stephen Anderson recently testified in court that it’s common for cops in the department to plant drugs on innocent people to meet those quotas — a practice for which Anderson himself was then on trial.

At the same time, there’s increasing evidence that the NYPD is paying less attention to violent crime. In an explosive Village Voice series last year, current and former NYPD officers told the publication that supervising officers encouraged them to either downgrade or not even bother to file reports for assault, robbery and even sexual assault. The theory is that the department faces political pressure to produce statistics showing that violent crime continues to drop. Since then, other New Yorkers have told the Voice that they have been rebuffed by NYPD when trying to report a crime.

 

The most perverse policy may be asset forfeiture. Under civil asset forfeiture, police can seize property from people merely suspected of drug crimes. So long as police can show even the slightest link of drug activity to a car, some cash, or even a home, they can seize it. In the majority of cases, most or all of the seized cash goes back to the police department. In some cases, the department has taken possession of cars as well, but generally non-cash property is auctioned off, with the proceeds then going back to the department. An innocent person who has property seized must go to court and prove his property was earned legitimately, even if he was never charged with a crime. The process of going to court can often be more expensive than the value of the property itself.

Asset forfeiture not only encourages police agencies to use resources and manpower on drug crimes at the expense of violent crimes, it also provides an incentive for police agencies to actually wait until drugs are on the streets before making a bust. In a 1994 study reported in Justice Quarterly, criminologists J. Mitchell Miller and Lance H. Selva watched several police agencies delay busts of suspected drug dealers in order to maximize the cash the department could seize. A stash of illegal drugs isn’t of much value to a police department. Letting the dealers sell the drugs first is more lucrative.

Earlier this year, Nashville’s News 5 ran a report on how police in Tennessee are pulling over suspected drug dealers and seizing their cash along I-40, often without bothering to make an arrest. The station combed through police reports showing that officers spent 10 times as long policing the side of the interstate where a drug runner would be leaving after he sold his supply — and thus would be flush with sizable amounts of cash — than on the side where he was likely to be flush with drugs. The police were letting the drugs be sold in order to get their hands on the cash.

Back in Illinois, Gov. Pat Quinn (D) recently signed a new law that will require convicted drug dealers to reimburse the police agencies that arrested and prosecuted them. The law will provide even more incentive for departments to devote time and resources to drug crimes — and that shift comes at the expense of solving more serious crimes.

The bill does not require reimbursement from convicted rapists or murderers.

Which means battery victims like Shaver can expect even less cooperation from police as more officers are moved to investigations that pay for themselves — and then some.

THE RAID

Shaver’s next encounter with Chicago police came in April of this year. She and her then-boyfriend were living on the first floor of a three-story graystone in the Edgewood neighborhood. “Nate,” a friend of Shaver’s boyfriend whom Shaver describes as a “stoner hippie,” was between residences, and asked if he could sleep on their couch while he waited for his new apartment to become available. They agreed.

“He never had keys,” Shaver said. “He’d text us when he was coming home to sleep, and one of us would let him in. He had been here about a week before the raid.”

The raid came on the night of April 14, 2010, part of a series of drug raids across Chicago that night by the city’s Mobile Strike Force and Targeted Response Unit, essentially a SWAT team.

Shaver, her then-boyfriend and a roommate were in the apartment with her four dogs when the door flew open with the crash of a battering ram. “I thought we were being robbed,” Shaver recalled. “It wasn’t clear to us that they were cops at all. I had a flashback to my attack. I was just terrified. I peed myself. I had peed myself, and I was shaking, trying to gather my dogs while they were pointing these guns at me — these huge guns that could blow me apart. My Vizsla mix ran off, and I was afraid they were going to shoot it. I asked if I could get it, and they said ‘We don’t give a fuck about your dog.’”

According to the search warrant, the police were searching for Nate. Shaver said they looked through Nate’s belongings gathered on the couch and found about $900 and a sandwich bag filed with marijuana. They didn’t leave a receipt for what they took.

“They were going through his mail,” she said. “They tried to say he was my brother. They kept looking for some way to say he had always lived here. He had mail here, but it was mail he brought from his old place. It all had his old address on it.”

Shaver’s boyfriend and roommate were handcuffed. Shaver started to panic. She told the police about her prior assault, and asked if she could take some anti-anxiety medication and change her clothes. They refused.

“There were 20 to 25 cops in my apartment now. Some of them were in street clothes. Some of them were in SWAT clothes with face masks. They told me I wasn’t allowed to move. I wasn’t even certain they were police until about two hours later, when a uniformed cop showed up with the warrant,” she recalled.

Shaver says she heard laughter from her bathroom and bedroom. “They went to my bathroom and started going through all of my medication, laughing about how messed up I was,” she said. “I also have a ‘lady drawer,’ where I keep sex toys and some sex-related gag gifts friends have given me.” Shaver said that when the cops finally left, they had left her place a shambles. When she looked in her bedroom, the police had emptied the drawer and laid all of her sex toys out on her bed.

The raid ruined the door to Shaver’s apartment and she has since been evicted. She filed a complaint with Chicago PD, but never heard back. When she attempted to get a copy of the affidavit for the search warrant to see what probable cause they had for such a violent raid, she was told that since she was not the target of the raid, she is not allowed to see the affidavit. As for “Nate,” authorities have yet to issue a warrant for his arrest. Chicago PD and the officer who left Shaver his number after the raid did not return The Huffington Post’s requests for comment.

FIGHTING CONSENSUAL CRIMES IN A VIOLENT CITY

“This case is a perfect example of how the war on drugs distracts police from doing the job we hired them for,” Downing said.

Chicago is one of the most violent cities in the country, and is home to America’s most violent neighborhood. The city is usually left out of annual “Most Dangerous Cities” lists because of disputes between the state of Illinois and the FBI on how crimes are reported, but Chicago has roughly triple the murder rate of New York City, and double that of Los Angeles. Crime has gone down in Chicago over the last 20 years as it has in the rest of the country, but at a slower rate than in cities of similar size.

Perhaps more tellingly, the city’s clearance rate — the percentage of homicides solved by police — was 70 percent in 1991. It dropped to under 40 percent in 2008 and 2009. According to a report (PDF) from the criminal justice reform advocacy group The Sentencing Project, drug offenses made up 4.8 percent of Chicago PD arrests in 1980. In 2003, they made up 28.2 percent. The overall number of drug arrests increased 264 percent over that period. An analysis by the Marijuana Policy Almanac found that from 2002 to 2007 alone, overall pot arrests in Cook County jumped from 25,776 to 32,996.

The drug war’s financial incentives appear to be having an effect. A drug offender is much more likely to be arrested in Chicago than he was 10 or 20 or 30 years ago. But kill someone in Chicago, and you’re only about half as likely to be caught as you were in the early 1990s.

Last July, more than a year after her attack, Shaver’s assailant “Sonny” was finally convicted. He was sentenced to six months of probation. Reflecting back on the last tumultuous two years, Shaver says, “It just doesn’t make sense. Repeat violent offenders get to walk while casual pot smokers get terrorized by SWAT teams. I’m pretty disappointed in the justice system.”

Stigmatizing Resistance to Authority: The medicalization of rebellion

BY Sheldon Richman @ TheFreemanonline

In 1861 Samuel A. Cartwright, an American physician, described a mental illness he called “drapetomania.” As Wikipedia points out, the term derived from drapetes, Greek for “runaway [slave],” and mania for madness or frenzy.

Thus Cartwright defined drapetomania as “the disease causing slaves to run away [from captivity].”

“[I]ts diagnostic symptom, the absconding from service, is well known to our planters and overseers,” Cartwright wrote in a much-distributed paper delivered before the Medical Association of Louisiana. Yet this disorder was “unknown to our medical authorities.”

Cartwright thought slave owners caused the illness by making “themselves too familiar with [slaves], treating them as equals.”  Drapetomania could also be induced “if [the master] abuses the power which God has given him over his fellow-man, by being cruel to him, or punishing him in anger, or by neglecting to protect him from the wanton abuses of his fellow-servants and all others, or by denying him the usual comforts and necessaries of life.”

He had ideas about proper prevention and treatment:

[I]f his master or overseer be kind and gracious in his hearing towards him, without condescension, and at the sane [sic] time ministers to his physical wants, and protects him from abuses, the negro is spell-bound, and cannot run away. . . .

If any one or more of them, at any time, are inclined to raise their heads to a level with their master or overseer, humanity and their own good requires that they should be punished until they fall into that submissive state which was intended for them to occupy in all after-time. . . . They have only to be kept in that state, and treated like children, with care, kindness, attention and humanity, to prevent and cure them from running away. [Emphasis added.]

Dysaethesia Too

The identification of drapetomania is not Cartwright’s only achievement. He also “discovered” “dysaethesia aethiopica, or hebetude of mind and obtuse sensibility of body—a disease peculiar to negroes—called by overseers, ‘rascality.’” Unlike drapetomania, dysatheisa afflicted mainly free blacks. “The disease is the natural offspring of negro liberty–the liberty to be idle, to wallow in filth, and to indulge in improper food and drinks.”

Cartwright, I dare say, was a quack, ever ready to ascribe to disease behavior he found disturbing. A far more informative discussion of the conduct of slaves can be found in Thaddeus Russell’s fascinating book, A Renegade History of the United States.

Have things changed much since Cartwright’s day? You decide.

The current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) list Oppositional Defiant Disorder (ODD) under “disorders usually first diagnosed infancy, childhood, or adolescence.” (Hat tip: Bryan Hyde.) According to the manual,

The essential feature of Oppositional Defiant Disorder is a recurrent pattern of negativistic, defiant, disobedient, and hostile behavior toward authority figures that persist for at least six months. It is characterized by the frequent occurrence of at least four of the following behaviors: losing temper, arguing with adults, actively defying or refusing to comply with the requests or rules of adults, deliberately doing things that will annoy other people, blaming others for his or her own mistakes or misbehavior, being touchy or easily annoyed by others, being angry and resentful, or being spiteful and vindictive.

Marked on a Curve

In diagnosing this disorder, children are marked on a curve. “To qualify for [ODD], the behaviors must occur more frequently than is typically observed in individuals of comparable age and developmental level” (emphasis added). The behaviors must also be seen to impair “social, academic, and occupational functioning.”

The parallel with drapetomania is ominous. Children, after all, are in a form of captivity and as they get older may naturally resent having decisions made for them. They may especially dislike being confined most days in stifling government institutions allegedly dedicated to education (“public schools”). Some may rebel, becoming vexatious to the authorities.

Is that really a mental, or brain, disorder? PubMed Health, a website of the National Institutes of Health, discusses treatment and prevention in ways that suggest the answer is no. “The best treatment for the child is to talk with a mental health professional in individual and possibly family therapy. The parents should also learn how to manage the child’s behavior” (emphasis added), it says, adding, “Medications may also be helpful.”

As for prevention, it says, “Be consistent about rules and consequences at home. Don’t make punishments too harsh or inconsistent. Model the right behaviors for your child. Abuse and neglect increase the chances that this condition will occur.”

Strange Illness

It seems strange that an illness can be treated by talk and prevented by good parenting. And how was four arrived at as the minimum number of behaviors before diagnosis? Or six months as the minimum period? Odd, indeed.

While ODD is discussed with reference to children, one suspects it wouldn’t take much to extend it to adults who “have trouble with authority.” Surely one is not cured merely with the passing of adolescence. Adults are increasingly subject to oppressive government decision-making almost as much as children. Soviet psychiatry readily found this disorder in dissidents. Let’s not forget that the alliance of psychiatry and State permits people innocent of any crime to be confined and/or drugged against their will.

So we must ask: Do we have a disease here or rather what Thomas Szasz, the libertarian critic of “the therapeutic state,” calls “the medicalization of everyday life.” (Szasz’s chief concern is commonly thought to be psychiatry, but in fact it is freedom and self-responsibility. See my “Szasz in One Lesson.”)

It seems that the common denominator of what are called mental (or brain) disorders is behavior that bothers others which those others wish to control. Why assume such behavior is illness? Isn’t this rather a category mistake? Why stigmatize a rebellious child with an ODD “diagnosis”? (Let’s not forget what psychiatry not long ago regarded as illness and abetted control of.)

Scientism

In our scientific age, many people find scientism, the application of the concepts and techniques of the hard sciences to persons and economic/social phenomena, comforting. In truth it is dehumanization in the name of health.

Szasz, a prolific author who celebrated his 92nd birthday earlier this week, writes,

People do not have to be told that malaria and melanoma are diseases. They know they are. But people have to be told, and are told over and over again, that alcoholism and depression are diseases. Why? Because people know that they are not diseases, that mental illnesses are not “like other illnesses,” that mental hospitals are not like other hospitals, that the business of psychiatry is control and coercion, not care or cure. Accordingly, medicalizers engage in a never-ending task of “educating” people that nondiseases are diseases.

No one believes drapetomania is a disease anymore. Slaves had a good reason to run away. We all have reasons–not diseases–for “running away.”

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