Monday, December 13, 2004

Bizarre ruling in NY State appeals court

This is just wrong. The court upheld a man's conviction for possession of drugs in New York, even though the man and the drugs were in California at the time of his arrest.

Alvaro Carvajal, 52, was convicted in a New York court of conspiracy and drug possession and sentenced in 1996 to 35 years to life in prison. He was arrested as part of a two-year investigation into a drug ring that prosecutors allege moved huge quantities of cocaine from San Francisco to New York..

The defendant appealed the possession conviction on the grounds that he never had cocaine in New York. The court didn't think that indisputable fact mattered.

"There was ample evidence that regardless of where he was situated, (Carvajal) at all times exercised continued dominion and control over the drugs that were seized," the court wrote.

Even the court admits that the ruling is unprecedented and needless to say Carvajal's lawyer will appeal the decision to a higher court, as well he should. Under this precedent, anyone the government wants to take down could be convicted. This shouldn't happen in America.

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