V D Prosecution of Meth Cases Hawkins

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Information about V D Prosecution of Meth Cases Hawkins
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Published on January 19, 2008

Author: Donato

Source: authorstream.com

METHAMPHETAMINE PROSECUTIONS INVOLVING CHILDREN:  METHAMPHETAMINE PROSECUTIONS INVOLVING CHILDREN Hydee R. Hawkins 2006 VICTIM’S ASSISTANCE CONFERENCE INTRODUCTION::  INTRODUCTION: Methamphetamine Manufacturing and distribution is no longer limited to motorcycle gangs on the West Coast. Our region has seen an influx of methamphetamine offenses over the last several years. We may not investigate clandestine operations as large or sophisticated as those in California and Mexico, yet we face with the same dangers and legal issues. We not only need to know how to identify and dismantle these operations, we need to know what type of evidence and trial preparation will be needed in order to successfully prosecute this serious offense especially when children are involved. Facts about methamphetamine::  Facts about methamphetamine: Nervous system stimulant. Injected, snorted, smoked, ingested orally. “Poor man’s cocaine.” Cocaine buzz only 30-45 minutes. Methamphetamine can affect user for up to 14-16 hours. $20-300 per gram & $1,600-$45,000 per pound. Anhydrous ammonia sells for as much as $1000 per gallon. Ephedrine is sells for $800-$900 per pound. For each lab seized, 5 labs go undetected. 1 gallon of liquid meth. (meth. oil) produces 3-5 pounds of finished product. Law enforcement nationwide rank methamphetamine as the #1 drug they battle today. Dangers to society::  Dangers to society: Fires and explosions Child abuse and neglect Hazardous waste Domestic violence Automobile crashes Disease and illness from exposure NATIONAL STATISTICS::  NATIONAL STATISTICS: In 2004 17,033 meth. labs were seized compared to 7,438 in 1999. (DEA stats.) In 2003 529 labs exploded or caught on fire. 20% of labs are discovered because of an explosion. Over 15,000 children were removed from meth. labs in between 2000-2005. Over 60% of those children tested positive for meth. 70% of child abuse cases in CA involve meth. In 2004 960 first responders were injured; 9 of those died. 1,201 meth. labs were seized in Tennessee in 2005. Over 50% of clan labs seized are located in urban and suburban sites. DEA spent $ 23.8 million in 2002 for clean-up of labs. More than 12.3 million Americans have tried meth and 1.5 million are regular users 104,481 meth treatment admissions in 2002 compared to 58,795 in 1999 Treating 1 meth-related burn patient can exceed $1 million. Methamphetamine in Kentucky : :  Methamphetamine in Kentucky : Between 2000 and 2005 2,335 meth. labs; 75% in rural areas. 604 labs in 2004; 94 children 565 labs in 2005;79 children 1-2 meth. labs are discovered each day. Many suspects have been armed. Labs have been located in almost every county. Environmental impact has been extensive. Clean-up costs $2,000-$5,000 per site. Children, Officers and others have been put at extreme risk. Kentucky ranks number six in the nation for the number of labs seized. 20% burn patients at UK from meth. labs. 22.1 kilograms of methamphetamine seized in 2005. APPLICABLE KY STATUTES::  APPLICABLE KY STATUTES: KRS 218A.1432-Manufacturing Methamphetamine (amended 2005) KRS 218A.1415-Possession of a Controlled Substance in First Degree KRS 218A.1412-Trafficking in Methamphetamine KRS 218A.1437-Possession of a precursor (2005 version) KRS 218A.1432-Manufacturing Methamphetamine::  KRS 218A.1432-Manufacturing Methamphetamine: (1) A person is guilty of manufacturing methamphetamine when he knowingly and unlawfully: (a) Manufactures methamphetamine; or (b) Possesses 2 or more chemicals or 2 or more items of equipment for the manufacture of methamphetamine with the intent to manufacture methamphetamine. LEGISLATIVE FIX TO 2003 KENTUCKY SUPREME COURT CASE:  LEGISLATIVE FIX TO 2003 KENTUCKY SUPREME COURT CASE Kotila v. Commonwealth, Ky. 114 S.W. 3d 226 (2003). The Kentucky Supreme Court held that the language “the chemicals or equipment” permits a conviction only if the defendant possesses “all of the chemicals or all of the equipment necessary to manufacture methamphetamine. PENALTY::  PENALTY: (2) Manufacture of methamphetamine is a Class B felony for the first offense and a Class A felony for a second or subsequent offense. KRS 218A.1431(1)-MANUFACTURE DEFINED::  KRS 218A.1431(1)-MANUFACTURE DEFINED: “Manufacture” means the production, preparation, propagation, compounding, conversion, or processing of methamphetamine, OR possession with intent to manufacture, either directly or indirectly by extraction from substances of natural origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. EXCEPTIONS::  EXCEPTIONS: By a practitioner, incident to administering or dispensing of a controlled substance in the course of his professional practice; or By a practitioner, or by his authorized agent under the supervision, for the purpose of, or incident to, research, teaching, or chemical analysis; or By a pharmacist incident to dispensing of a controlled substance in the course of his professional practice. “Clandestine” defined::  “Clandestine” defined: Done in secrecy or concealment for the purpose of subversion or deception. KRS 218A.1415- Possession of a Controlled Substance in First Degree::  KRS 218A.1415- Possession of a Controlled Substance in First Degree: (1) A person is guilty of possession of a controlled substance in the first degree when he knowingly and unlawfully possesses: a controlled substance that contains any quantity of meth., including its salts, isomers, and salts of isomers. Penalty- Class D felony if first offense; Class C felony if subsequent offense. KRS 218A.1412-Trafficking in a Controlled Substance::  KRS 218A.1412-Trafficking in a Controlled Substance: (1) A person is guilty of trafficking in methamphetamine when he knowingly and unlawfully sells, transfers, distributes, dispenses, or possesses with intent to distribute a controlled substance that contains any quantity of methamphetamine. Penalty-Class C Felony if first offense; Class B felony if 2nd or subsequent offense. POSSESSION OF METHAMPHETAMINE PRECURSER:  POSSESSION OF METHAMPHETAMINE PRECURSER (1) A person is guilty of possession of a precursor when he knowingly and unlawfully possesses a drug product or combination of drug products with the intent to manufacture methamphetamine. (2) possession of above items containing more than 9 grams of ephedrine, pseudoephedrine, etc. within a 30 day period is prima facie evidence of intent to manufacture methamphetamine. Class D felony for 1st offense and Class C felony for each subsequent offense OTHER APPLICABLE KY STATUTES: :  OTHER APPLICABLE KY STATUTES: KRS 250- Possession of anhydrous ammonia in an unapproved container. KRS 251.991-Specifies that possession of anhydrous ammonia in an unauthorized container is a Class B Felony for the first offense and a Class A Felony for each subsequent offense if it can be shown defendant intended to manufacture meth. and a Class D felony if it cannot be shown. OTHER APPLICABLE KY STATUTES:  OTHER APPLICABLE KY STATUTES KRS 250- Tampering with containers for storage or application of anhydrous ammonia; defines what constitutes tampering. Specifies that tampering with an anhydrous ammonia facility is a Class B felony for a first offense and a Class A felony for subsequent offenses if it can be shown defendant intended to manufacture meth. and a Class D felony if it cannot. OTHER APPLICABLE KY STATUTES:  OTHER APPLICABLE KY STATUTES KRS 514.030-Theft by unlawful taking of anhydrous ammonia. Class B felony for first offense and a Class A felony for subsequent offenses if it can be shown defendant intended to manufacture meth. and a Class D felony if it cannot be shown. KRS 514.110-Possession of stolen anhydrous ammonia. Class B felony for the first offense and a Class A felony for subsequent offenses if it can be shown defendant intended to manufacture meth. and a Class D felony if it cannot be shown. NEW KY LEGISLATION FOR ENDANGERING CHILDREN::  NEW KY LEGISLATION FOR ENDANGERING CHILDREN: KRS 218.1441- A person is guilty of controlled substance endangerment in the first degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chemical substance with the intent to manufacture a controlled substance with the intent to manufacture a controlled substance or methamphetamine under circumstances that place a child in danger of serious physical injury or death, if the child dies. Class A Felony NEW KY LEGISLATION FOR ENDANGERING CHILDREN::  NEW KY LEGISLATION FOR ENDANGERING CHILDREN: KRS 218.1442- A person is guilty of controlled substance endangerment in the first degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chemical substance with the intent to manufacture a controlled substance with the intent to manufacture a controlled substance or methamphetamine under circumstances that place a child in danger of serious physical injury or death, if the child receives serious physical injury. Class B Felony NEW KY LEGISLATION FOR ENDANGERING CHILDREN::  NEW KY LEGISLATION FOR ENDANGERING CHILDREN: KRS 218.1443- A person is guilty of controlled substance endangerment in the first degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chemical substance with the intent to manufacture a controlled substance with the intent to manufacture a controlled substance or methamphetamine under circumstances that place a child in danger of serious physical injury or death, if the child receives physical injury. Class C Felony NEW KY LEGISLATION FOR ENDANGERING CHILDREN::  NEW KY LEGISLATION FOR ENDANGERING CHILDREN: KRS 218.1444- A person is guilty of controlled substance endangerment in the first degree when he or she knowingly causes or permits a child to be present when any person is illegally manufacturing a controlled substance or methamphetamine or possesses a hazardous chemical substance with the intent to manufacture a controlled substance with the intent to manufacture a controlled substance or methamphetamine under circumstances that place a child in danger of serious physical injury or death. Class D Felony COMMENTS BY KY OFFICICALS ABOUT METH :  COMMENTS BY KY OFFICICALS ABOUT METH February 2, 2005- Governor Ernie Fletcher “We must take action to stop the potentially fatal practices of producing and using methamphetamine in the Commonwealth to protect our citizens from the explosive meth labs that could be living right next door to them. We need to keep our children safe from the chemicals and volatile nature of these labs.” Attorney General Greg Stumbo “I am committed to working with all law enforcement agencies and Kentucky citizens to avoid a methamphetamine epidemic.” COMMENTS BY THE UNITED STATES ATTORNEY GENERAL:  COMMENTS BY THE UNITED STATES ATTORNEY GENERAL January 23, 2006 Attorney General Alberto R. Gonzales “The scourge of methamphetamine is tightening its grip on communities across America. As we have heard, meth is a unique and deadly threat to our Nation. It is highly addictive. It is easy and cheap to produce. And as many of us in this room know, it destroys lives far beyond those of just the addicts and users.” With every tragedy and every act of violence… with every child abandoned bcs of meth use and every life lost to meth abuse…the vise grip is turned another notch. That means community and national leaders are being squeezed for answers-for some response to this rapidly growing problem.” APPLICABLE FEDERAL STATUTES::  APPLICABLE FEDERAL STATUTES: 21 USC Section 841(a)(1)-Manufacturing Methamphetamine. 21 USC Section 841(c)-Possession of listed chemicals with intent to Manufacture Methamphetamine. 21 USC Section 841(f)-Wrongful distribution or possession of listed chemicals. 21 USC Section 856-Establishment of Manufacturing operations. 21 USC Section 858-Endangering Human Life While Manufacturing a Controlled Substance. 21 USC Section 860-Manufacturing in/near schools. Manufacturing Methamphetamine 21 USC 841(a)(1)::  Manufacturing Methamphetamine 21 USC 841(a)(1): 50 grams or more of methamphetamine or 500 grams or more of a mixture or substance containing a detectable amount of meth. Penalty is 10-life; if death or serious injury than 20 to life. 5 grams of methamphetamine or 50 grams or more of mixture or substance containing a detectable amount of meth. Penalty is 5-40 years; if death or serious injury than 20-life. Possession of Listed Chemicals with Intent to Manufacture 21 USC 841 (c)(1)(2)::  Possession of Listed Chemicals with Intent to Manufacture 21 USC 841 (c)(1)(2): Possession of listed chemical with intent to manufacture or distribute a listed chemical. Penalty is up to 20 years if list I chemical. Maximum of 10 years if receives or distributes small enough units to evade reporting requirements. 21 USCS 841(c)(3) Recent 6th Circuit cases::  Recent 6th Circuit cases: United States v. Kolley, 330 F.3d 753 (6th Cir. 2003) Defendant was charged and convicted manufacturing methamphetamine. On appeal Defendant claimed insufficient evidence to convict. Court held eye witness testimony and expert testimony on items found to be sufficient. See also United States v. Walls, 293 F.3d 959 (6th Cir. 2002) Wrongful Distribution or Possession of Listed Chemicals USC 21 841(f)::  Wrongful Distribution or Possession of Listed Chemicals USC 21 841(f): (1) Whoever knowingly distributes a listed chemical other than record keeping or reporting requirement. Maximum of 5 years. (2) Whoever possesses listed chemical with knowledge that record keeping or reporting requirement have not been adhered to and does not take steps to remedy violation. Maximum of 1 year. Establishment of Manufacturing Operations-21 USC 856 (1)(2)::  Establishment of Manufacturing Operations-21 USC 856 (1)(2): Knowingly open or maintain any place for purpose of manufacturing, distributing, or using controlled substance. Manage or control any building, room, enclosure, as owner, lessee, agent, ee, and knowingly make available for use with or without compensation for the purpose of manufacturing, storing, distributing, or using a controlled substance. Penalty: maximum of 20 years. Endangering Life While Manufacturing Controlled Substance- 21 USC 858::  Endangering Life While Manufacturing Controlled Substance- 21 USC 858: While manufacturing a controlled substance or attempting to do so, or transporting or causing to transport materials, including chemicals, creates a substantial risk of harm to human life. Penalty- maximum of 10 years. ENHANCED PENALTIES FOR ENDGANGERING HUMAN LIFE :  ENHANCED PENALTIES FOR ENDGANGERING HUMAN LIFE Federal Sentencing Guidelines Additional 3 levels for endangering human life. Additional 6 levels or level 30 whichever is greater if person is a child or an incompetent person. (This means a minimum sentence of 97 months to 121 months even if no criminal record) This enhancement applies to manufacturing, conspiracy, and attempt. UNLAWFUL DISCHARGE OF HAZARDOUS WASTE:  UNLAWFUL DISCHARGE OF HAZARDOUS WASTE Federal Sentencing Guidelines: Additional 2 levels. This means almost 2 additional years in prison. This will apply in almost every meth lab case. This enhancement also applies to manufacturing, attempt and conspiracy. Manufacturing in or Near Schools or Colleges;21 USC 860::  Manufacturing in or Near Schools or Colleges;21 USC 860: Anyone who violates 841(a) or 856 within 1000 feet of a public or private elementary, vocational, or secondary school, or a public or private college, junior college, or university, or a playground or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility. Penalty-double the punishment authorized by 841(b). Triple if subsequent offense. DRUG CRIMES ARE NOT VICTIMLESS CRIMES::  DRUG CRIMES ARE NOT VICTIMLESS CRIMES: Children living with defendants making meth or trafficking in other drugs are victims! You should always make sure a local or federal victim advocate has the victim information. These victims have a right to be heard and this is the least we can do for them after they are removed from these dreadful places you see each day. Treating these children as victims will save lives and hopefully keep some of these children from becoming offenders someday. BUILDING PROBABLE CAUSE::  BUILDING PROBABLE CAUSE: Trash runs. Knock and Talks. Interview neighbors. Surveillance. Tipsters; informants. Retailers. Trash runs::  Trash runs: No expectation of privacy in trash once it is discarded!!! California v. Greenwood, 486 U.S. 35 (1987). Glassware; pill boxes, chemical containers, stained coffee filters etc. May even find discarded recipe! Don’t forget safety issues/field test if possible. Case examples; U.S. v. Ginn Knock and Talks: :  Knock and Talks: Legitimate law enforcement tool Do not create your own exigent circumstances If you see items or smell chemicals consistent with meth use/cook secure residence and get warrant if possible. If you are going to obtain consent get it in writing and even on tape if possible Meth cooks usually use and knowing/voluntary consent will be an issue! Interview neighbors and landlords::  Interview neighbors and landlords: Odors. Foot traffic. Automobiles frequenting location. Children residing at residence. Children residing at surrounding residences. Surveillance::  Surveillance: Find out where suspects are obtaining chemicals & glassware. Wal-Mart and others have to control purchases of ephedrine and pseudoephedrine so make contact with area stores or conduct surveillance there; get video tapes. Under new KY law the records relating to the sale of pills containing pseudoephedrine must be shown to law enforcement upon request. Tipsters-informants: :  Tipsters-informants: Once an officer gets such a tip they can use it to build probable cause. These tips are often simple to corroborate: Surveillance Search trash Tipsters may turn into testifying witnesses at trial. Pharmacist Neighbors Landlord Mail carrier Parents Teachers State and National park employees Other defendants Retailers::  Retailers: Most stores are cooperative with law enforcement in these cases: Local auto-parts stores. K-Mart. Wal-mart. Local family owned drug stores. Veterinarians. (Iodine) Agricultural supply companies. i.e.. Southern States Southern States in Owensboro has been hit hundreds of times w/theft. They can give valuable lead information: Name, drivers license number, license plate number, and items purchased. HELPFUL HINTS ABOUT SEARCH WARRANTS::  HELPFUL HINTS ABOUT SEARCH WARRANTS: Do not forget to include a paragraph about your experience relating to meth labs/trafficking. If you want to look for firearms do not forget that in your experience drug dealers often keep firearms at their residences. Make sure your affidavit includes dates when you obtained the information you are relying on for probable cause. HELPFUL HINTS ABOUT SEARCH WARRANTS::  HELPFUL HINTS ABOUT SEARCH WARRANTS: Explain significance of items found in trash or described by a CI in the manufacture of meth./trafficking in meth Request permission to destroy hazardous items once you photograph/video tape them and take fingerprints from appropriate items Defense will have to overcome court order that allowed you to destroy items like Red Devil Lye etc. COLLECTION OF EVIDENCE::  COLLECTION OF EVIDENCE: Safety first!!!! When in doubt call for assistance. DEA, KSP, Fire Department. Fingerprint surfaces such as glassware, baggies, & paperwork. Collect clothing including shoes. Adults. Children in the home. Collect paperwork connecting various suspects to the residence. FIRST RESPONDERS AT GREAT RISK OF INJURY: :  FIRST RESPONDERS AT GREAT RISK OF INJURY: You can encounter a lab anywhere! Serving a summons Making a traffic stop for speeding Cleaning a hotel room Responding to a domestic violence call Responding to a fire COMMON ITEMS FOUND AT METH LABS::  COMMON ITEMS FOUND AT METH LABS: Cold/Allergy medicines; empty packages Multiply number of pills by milligrams and divide by 1000 to determine amount of pure ephedrine Lithium batteries Mix with ephedrine and ammonia; 5-6 3 volt batteries can make an ounce of meth. Liquid Fire Used to turn liquid meth to solid Red Devil Lye Used to make ammonia Used to turn meth acid to meth oil Coleman Fuel Heet Used for pill soaks to remove binder Propane tanks COMMON ITEMS FOUND AT METH LABS::  COMMON ITEMS FOUND AT METH LABS: Coffee filters Masks/gloves Large quantities of matchbooks Iodine crystals/liquid Iodine These can be used over and over to make meth Mason jars/Pyrex dishes/coffee grinder/blender/plastic tubing Receipts for items purchases COMMON ITEMS FOUND AT METH LABS::  COMMON ITEMS FOUND AT METH LABS: Ammonia Nitrate Coolers Hydrogen peroxide Used to make iodine crystals Muriatic Acid Used to make iodine crystals Used with salt to make HCL gas Turns meth oil to a solid Tracking pill boxes and other items found ::  Tracking pill boxes and other items found : Each box/container has a number that can be traced to the store were the item was purchased; this is also true of Coleman fuel etc. If person used credit or check can trace date of purchase and possible other purchases. Kroger cards etc. can also be helpful in tracing purchases; meth cooks like to save $ too! DOCUMENTATION OF CRIME SCENE::  DOCUMENTATION OF CRIME SCENE: Photographs. Videotape. Measurements. Diagrams. Photographs::  Photographs: Suspects. Clothing. Burns. Automobiles. Photograph and run plate numbers of all vehicles in or near driveway. Cooking meth. is often a team sport!!! Structure.(interior and exterior) Proximity of food to chemicals. Proximity to child’s room & toys from chemicals. Proximity to other homes, businesses, etc. Children. General appearance. Photographs of hazardous items:  Photographs of hazardous items Make sure you photograph all items that will be destroyed Photos of items as found. Make sure any labels are clear on photograph. Video tape crime scene::  Video tape crime scene: This will catch the items officers may not have thought to photograph. Video will capture the big picture for your jurors. Powerful tool for judge at sentencing. Make sure it is safe to videotape; lights from camera can cause explosion if ether or other volatile fumes too strong. KSP has air monitoring equipment to indicate level of chemicals in air. Surveillance video::  Surveillance video: United States v. Cleston Cannon Officers conducted surveillance after tip from CI and brought a video camera! Video of defendants buying pills::  Video of defendants buying pills: Wal-Mart and other stores keep video for 24 hours to a week. Very powerful tool in court; captures state of mind of defendant; body language etc. Many defendants have children with them! Example from United States v. Jeff Hardy Measurements::  Measurements: Distance from chemicals to children’s toys. Distance from chemicals to food. Distance from chemicals to child’s bedroom. Distance to other residences or businesses, especially if there is a fire or explosion. MEASUREMENTS OF ITEMS YOU SAMPLE: :  MEASUREMENTS OF ITEMS YOU SAMPLE: Mason Jars and other items you take samples from. If you want chemist to be able to do a quantitative analysis they need to know the measurements of the container and the substance inside of the container. This information is also important in federal court when trying to compute the sentencing guidelines. INTERVIEWS::  INTERVIEWS: Suspects. Eyewitnesses. Experts. Suspect interviews ::  Suspect interviews : If they agree to talk officers should ask them what legitimate use they have for each item you found; i.e.. Muriatic acid, beakers, coffee filters (very suspicious if no coffee pot in house etc.) Eyewitnesses::  Eyewitnesses: Neighbors. Relatives. Children residing in home. Motel manager & guests. Land lord WHEN A CHILD IS PRESENT::  WHEN A CHILD IS PRESENT: Always call child protective services! If no body can respond make sure child gets immediate medical treatment! Follow all local policies that apply to your agency. Child protective services will be a great asset for trial and sentencing. They will obtain details from child about extent of exposure and impact on child both physically and emotionally Valuable Evidence from Child Protective Services::  Valuable Evidence from Child Protective Services: Interviews of children. Any drawings children make. Follow-up medical treatment. Information the case worker will obtain from other family members and neighbors. Case example; U.S. v. Roger and Juanita Wilson Experts: :  Experts: Hazardous clean-up crew or Clan Lab certified officers. 6 pounds of toxic waste is generated for every pound of meth. produced at a clan lab site. Can tell you why they wear special gear; toxicity of items found at each scene; cost of clean up from each site. Chemists. They can tell you how each item analyzed fits into the manufacturing process. They can explain which process was being used. Medical experts who examined children or others in the home. Health effects. Results of any drug/chemical screens. Volatile organic compounds such as explosives, acids, bases, metals and chemical salts can harmful to humans.:  Volatile organic compounds such as explosives, acids, bases, metals and chemical salts can harmful to humans. Nose and throat irritation. Headaches and dizziness. Nausea and vomiting. Confusion. Breathing difficulties. Benzene is a VOC known to cause cancer. Death Can cause a burning sensation on skin and mucous membranes. Can cause severe eye damage. Respiratory irritation. Decreased mental function. Anemia. Kidney Damage. Birth defects. Educating your Judges::  Educating your Judges: Terminology. Process. Ephedrine reduction. Nazi method. Big picture. Child abuse. Harm to neighbors, law enforcement and others. Effects on environment. Educating other important community members::  Educating other important community members: Fire Department personnel Emergency Response Teams Church leaders Utility Workers Mail carriers Teachers They have day to day contact with kids living in these homes Meet and confer with lab analyst::  Meet and confer with lab analyst: They can tell you what evidence to focus on to prove lab or intent to manufacture. Make their testimony as jury friendly as possible; simple terms and explanations! Use them to assist with charts & diagrams for trial. They can help you explain how much meth could have been produced based on the results of a sample they tested. Meet & confer with agency involved with clean-up::  Meet & confer with agency involved with clean-up: They can often testify to danger these chemicals pose as it relates to charging and proving wanton endangerment. They can explain to jury why they dress a certain way during clean-up process. TRIAL EXHIBITS::  TRIAL EXHIBITS: Enlarged photographs. Enlarged diagram with measurements. Enlarged chart showing process used. Use this chart for testimony of chemist. Attempt to use it in some manner for your officer who is clan lab certified. Video tape of crime scene. Powerful in cases involving a fire or explosion. Physical evidence if safe to use. SENTENCING ISSUES::  SENTENCING ISSUES: Make it part of sentence that the defendant/defendants will reimburse cost of clean-up. Stress long term effects to children who had to live in home being used to manufacture methamphetamine. Stress impact of defendant’s conduct to environment, wildlife, children in the area. Conscience disregard for anything or anyone except themselves. WHAT COMMUNITIES IN KENTUCKY ARE DOING TO COMBAT METH::  WHAT COMMUNITIES IN KENTUCKY ARE DOING TO COMBAT METH: Walk your land Partnerships with retailers Educational programs Local police, fire, medical professionals etc. WHAT DOES THE FUTURE HOLD?:  WHAT DOES THE FUTURE HOLD? New federal law regarding sales of medicines containing pseudoephedrine Requirement for doctors to report to law enforcement anybody who is treated for alleged injuries from a meth lab CONCLUSION::  CONCLUSION: The more public awareness and better trained our officers and child protective services workers are at recognizing the existence of methamphetamine laboratories, the more cases will be generated. Because of the harsh & well deserved penalties, cases will go to trial. We must convey what we have learned to our judges and juries in a persuasive & understandable manner so we can achieve the ultimate goal of punishing those involved in this dangerous enterprise to the fullest extent possible!!!!

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