NationStates Jolt Archive

It happens a lot--I'll be reading a story or a blog and I'll have a "wtf" moment, and sometimes I'll post the story here in hopes of stirring up some debate or some outrage or both, and it's a bit cathartic.

And then I come across a story like this one (http://www.washingtonpost.com/wp-dyn/content/article/2005/09/16/AR2005091602168.html) and I wonder--shit, I don't know--this is too horrifying for me to really get a grasp on so I'll just start quoting the piece and see where I wind up.

It was on Sept. 20, 2004, that D.C. Superior Court Judge Judith Retchin sentenced Magbie, a quadriplegic since an accident at age 4, to 10 days in the D.C. jail. His crime? Possession of marijuana.

Five days after falling into the hands of the D.C. government, Magbie was dead. He died a horrible death. It was preventable. But nobody in the system cared.

Looking down from her bench, Retchin saw a first-time offender. He controlled his wheelchair with a mouth-operated device. He could breathe only with a battery-controlled pulmonary pacemaker. At night he needed the assistance of a respirator. He could have been sentenced to home detention, where he would have had round-the-clock attention. Instead, Retchin, apparently upset when Magbie refused to swear off weed, which helped him get through a miserable existence, sent him to that taxpayer-supported hellhole near the Anacostia River known as the D.C. jail.

That's where I had my wtf moment. Then I kept reading:
Retchin's handling of the Magbie case was reviewed by the D.C. Commission on Judicial Disabilities and Tenure: It gave her grace, and she was subsequently rewarded with a renewed assignment to the court's coveted criminal docket so that more Retchin-style justice can be meted out to the criminal-minded.

This is where I got pissed. Then I kept reading:
"His pneumonia [noted during the initial jail examination] was essentially undiagnosed and untreated. Despite the early X-ray and the sputum production, no one sent a sputum specimen and started treatment. All this was complicated by his nutritional status." (Magbie weighed 130 pounds at jail intake on Monday, Sept. 20. Five days later, at his autopsy exam, he weighed 90 pounds).

"He had been in the emergency room on day one [rushed from the jail to Greater Southeast and returned the next day] and had fluid and sugar deficits noted. No one cared that he wasn't eating or measured his fluid intake after."

Although Magbie needed a respirator and made that fact known on his first day at the jail, he was never given one during his five days in custody. "There were no physicians consult nor pulmonary consult performed while in the jail. He was monitored by license practical nurses. No RN [registered nurse] or PA [physician's assistant] or doctor followed him or was even consulted about" drastic changes in his condition.
And now I'm overwhelmed.

A judge decided she had to teach a quadraplegic a lesson about weed, and now he's dead. He lost 40 pounds in 5 days while in the care of the judicial system, and died, because of a stupid attitude toward a largely harmless substance. A person loses his life because of this and there's nothing done to the judge, no questioning of her fitness for the bench, no ruling set down that tells her and other judges that if you're going to teach a quadraplegic a lesson about drugs, you better make fucking sure he's got medical care in the jail.

This isn't politics. This isn't partisan. This is just a moment where I'm sitting back and wondering what the hell happened to us as a society that this kind of shit happens and there's no accountability for it.

It happens a lot--I'll be reading a story or a blog and I'll have a "wtf" moment, and sometimes I'll post the story here in hopes of stirring up some debate or some outrage or both, and it's a bit cathartic.

And then I come across a story like this one (http://www.washingtonpost.com/wp-dyn/content/article/2005/09/16/AR2005091602168.html) and I wonder--shit, I don't know--this is too horrifying for me to really get a grasp on so I'll just start quoting the piece and see where I wind up.



That's where I had my wtf moment. Then I kept reading:


This is where I got pissed. Then I kept reading:

And now I'm overwhelmed.

A judge decided she had to teach a quadraplegic a lesson about weed, and now he's dead. He lost 40 pounds in 5 days while in the care of the judicial system, and died, because of a stupid attitude toward a largely harmless substance. A person loses his life because of this and there's nothing done to the judge, no questioning of her fitness for the bench, no ruling set down that tells her and other judges that if you're going to teach a quadraplegic a lesson about drugs, you better make fucking sure he's got medical care in the jail.

This isn't politics. This isn't partisan. This is just a moment where I'm sitting back and wondering what the hell happened to us as a society that this kind of shit happens and there's no accountability for it.

While that judge sounds like a bitch, the jail really should have had reasonable medical facilities. The judge was justified in assuming that they did.

A judge decided she had to teach a quadraplegic a lesson about weed, and now he's dead. He lost 40 pounds in 5 days while in the care of the judicial system, and died, because of a stupid attitude toward a largely harmless substance. A person loses his life because of this and there's nothing done to the judge, no questioning of her fitness for the bench, no ruling set down that tells her and other judges that if you're going to teach a quadraplegic a lesson about drugs, you better make fucking sure he's got medical care in the jail.

This isn't politics. This isn't partisan. This is just a moment where I'm sitting back and wondering what the hell happened to us as a society that this kind of shit happens and there's no accountability for it.

Shouldn't be smokin weed man. What can I say.

Ok, I'm just kidding. I agree with you, but what can we really do about it? No one will vote libertarian in large enough numbers to get rid of the current two party "monopoly" on politics. The system insures that we get the same old same old in office every time. How do we change it?

I'm on board if you have a good solution...

(Magbie weighed 130 pounds at jail intake on Monday, Sept. 20. Five days later, at his autopsy exam, he weighed 90 pounds).

I think this may be a little exaggerated. I'm not a medical professional, but I think it would be nigh-on impossible to lose 40 pounds in 5 day.

But, as for the article. This does make me mad. I mean, good lord, the mans paralized!

I share your sentiments on this one. This really fiddles my breadsticks...

What the fuck?! :mad:

While that judge sounds like a bitch, the jail really should have had reasonable medical facilities. The judge was justified in assuming that they did.
I'm sorry, but I'm finding it hard to justify sending a quadraplegic to jail, even for five days, for possession.

What was the intended "lesson" she wanted to teach him? Putting him in prison when he was already imprisoned in his own body? That's like the death penalty for people who cimmit suicide.

Hmmm, looks like a massive screw up on both ends, the judge and holding facility. However, it does seem like the judge never made any special provisions for the condition this person was under and thus, could be considered to be negligent. The question is whether it is criminaly negligent or not.

*shakes head*

Sentencing a guy to a prison without adequate medical facilities for a person in this condition to 10 days in jail? Why not drop the pretenses and just give out a death sentence? And no one was held accountable for this it seems.

This is what a "culture of life" and "family values" and all that other moralistic, judgmental bullshit Americans spew out these days gets you. It's clearly cruel and unusual punishment to put a prisoner in a situation where he's not going to get adequate medical care. That judge and the warden of that prison should be arrested.

I just wanted to get in early and let you know you're not the crazy one here -- this story is fucked up. It's disgusting. It's an outrage.

And I hope my pessimism will be proved wrong and it will be a little while before posters start screaming and yelling about how anyone who commits a crime deserves what they get in prison.

People suck.

While that judge sounds like a bitch, the jail really should have had reasonable medical facilities. The judge was justified in assuming that they did.

It's still horrible judgement from a Judge. A quad and you're going to put him in jail for weed?

I don't smoke. I'm not a prude, it just doesn't do much for me. But it seems like almost everyone I know smokes. Maybe not everyone, but a SURPRISINGLY large number. Why is it illegal? I don't know. Heck, America is on some health-legislation roll right now. We're outlawing cigarettes next.

It's some weird off-shoot of the whole John Edwards trial lawyer thing where someone realized that most of the people dumb enough that they couldn't get out of jury duty were easily persuaded to give people money for doing stupid things with some product or another. As a result, there is no such thing as personal responsibility anymore, and the next logical conclusion was that the government should protect these people from themselves, by outlawing anything that might be potentially misused. At least, that's my take on it.

Anyway, back to my point. Putting a quad in jail for smoking weed is incredibly poor judgement. Bad judges are able to seriously undermine and weaken our legal system. At the very least, it would be nice to try and make this woman realize that she, through her poor judgement, helped facilitate this man's un-necessary death. I'm with the original poster on this... WTF?

I'm almost speechless. I am at a loss for words, that sounds like a Kafka (or maybe Camus) novel. Kafka novels aren't supposed to happen in real life, but this one did. If there was any justice in this world, both the Judge and the Warden would be senteced to die by exposure to the elements. (Parachuted naked onto an Alaskan Ice flow for instance)

He didnt go to jail because of drugs, he went to jail because he didnt blindly obey the dictates of the law. Trust me, there are plenty of people who consider the law defines right and wrong. If it's legal then it may be right, if it's illegal then it's definately wrong. That's why you get people who think for instance, that smoking a joint in one's own home is worse (more morally wrong/evil etc) than ripping apart one's family and ruining the lives of one's spouse and children by an affair.

How in satans name did anyone think this pompos asshole buttmuncher of a dill weed shithead was capable to be a judge ? This insignificant parasite couldnt judge the buttcheese on a homeless guy . That being said all that can be done is a e- mail and letter writing campaign to remind the so called " judge " that her decision and her brand of " justice ' helped to kill this guy .
I would find a way to remind her every day for the rest of her pitifull life .
what an asshole .

It happens ... [massive snip] ... for it.

I... agree... with Nazz? *passes out for the second time today*

Disgusting. Those prison officials should be prosecuted for negligence at the least. By the way, why does the thread have the "Not a Bush rant"? I don't see any reference to Bush at all so why is it neccessary?

Disgusting. Those prison officials should be prosecuted for negligence at the least. By the way, why does the thread have the "Not a Bush rant"? I don't see any reference to Bush at all so why is it neccessary?
Because i have a somewhat deserved reputation for starting threads that rant about Bush. I figured the heads up might draw more traffic to the thread.

Because i have a somewhat deserved reputation for starting threads that rant about Bush. I figured the heads up might draw more traffic to the thread.

Fair enough. I'm not exactly fond of Bush myself and can understand how letting off some steam where he is concerned in needed!

While that judge sounds like a bitch, the jail really should have had reasonable medical facilities. The judge was justified in assuming that they did.Notice how it didn't? That raises the questions how many jails really do have the necessary medical facilities or whether it's just some myth. In the latter case, the judge would most certainly be to blame.

Notice how it didn't? That raises the questions how many jails really do have the necessary medical facilities or whether it's just some myth. In the latter case, the judge would most certainly be to blame.

Considering what has been talked about regarding most government run facilities such as these (corners cut, lowest possible bugdet expenditure, etc, etc.) I'd say it would be safe to assume that whatever medical facilities were available in this prison (possibly state, unlikely to be federal), were basic at the very best.

I doubt it would have the facilities to accomodate someone like this.

Somebody make it right.

Considering what has been talked about regarding most government run facilities such as these (corners cut, lowest possible bugdet expenditure, etc, etc.) I'd say it would be safe to assume that whatever medical facilities were available in this prison (possibly state, unlikely to be federal), were basic at the very best.

I doubt it would have the facilities to accomodate someone like this.

This wasnt a prison, it was likely a county jail.

Most county jails have little to no medical facilities, and if medical treatment is needed, the inmates are usually sent to the local hospital, and handcuffed to the bed.
In this particular case, no such retarint would have been needed....where was he going to go?

This is a case of abuse of power, by an asshole judge who wanted to make an example out of a quadroplegic.
Such fucking outright stupidity should be avenged by stripping this so called abritrator of the Law, and prosecuted for negligence herself.

What kind of world do we live in where someone gets to have a little power-trip by abusing a man who's life is already a living hell, all for a bit of weed?

I want to know the name of this Judge, and an e-mail that the county, or state attorneys can be contacted...this an outrage, and should not go unheeded!

If we as Americans allow ourselves to be ruled by such tyrants....then we deserve such treatment.

This isnt a partisan issue..I think both Republicans and Democrats, Conservatives, and Liberals should unite in this cause.

fuck man, thats awful. just goes to show how far the prudish and nonsensical stance so many people have towards weed can go in the hands of those with power. just another reason for legalisation.

How low can you go? That story is simply disgusting! Jeez, it's not likely that he was gonna run away or something!!!

What turned into a terrible disaster might have shown the opportunity for some reason and common sense. Just attach one of those transmitters to his ancle or wheelchair, say "No no no! Bad boy!" and then send this man home and leave him the hell alone!

Man, this story is definitely not what I wanted to read on a Sunday morning - glad I did though, 'cause it clearly shows the attitude of some people 'over there'. They don't give a fuck.

I hope that someone will be held accountable for what happened - after all, somebody died in custody and it's not like he simply dropped dead. He, with very special needs but yet a human being still, was terribly neglected and thus suffered and died.

:(

A bit of perspective on this.

The man committed a crime.
Whether we agree with it or not, it was a crime.

The judge gave him an option and he refused, she passed sentence.
She dealt with this man as a criminal and within the law.
Where is she to blame for this?

I disagree with the illegality of certain drugs, I disagree with the laws that say I must wear a crash helmet when riding my motor bike, I disagree with a lot of the more insane and personally restrictive laws that I have to live under.
However, I also accept that if I am found to be acting against the law, that I have to accept the consequences.

Now that we have dealt with the facts of the judgement, what about the ethics?

Difficult this.

The fact that this man was treated like any other in that situation, should that be aplauded or condemmed?
This man was a quadraplegic, but should that make a difference in the eyes of the law?
Disabled people have been shouting about equality for years, along with women, ethnic minorities, people with sexualities other than what is termed 'the norm'.
So, now this man is treated with equality and we are condemming the person who did it, not logical really.

The judge looked at this man as a man who had commited a crime and judged him as such.
As far as I can see she did the correct thing up to this point.

Past that point I cannot comment on her dealings with the case.
The article doesn't say what stipulations she made for his care or where he should be kept for these ten days.
It doesn't say what this guys attitude was towards her or what the interaction between them was, nor does it say whether this judge has an attitude or record of other such incidents.


Now to his treatment after he was sentenced.
There is no doubt, he did not get the care and attention that he needed to be able to live.
In my mind that if it were deemed that a punishment of having what liberty he had taken away, then he should have been hospitalised so that he could have had that and should never have been in a county jail.

Anything I can say about the matter is personal, but based on this artical I don't know whether I should be saddened or outraged, it is biased and it gives no information for me to base that judgement on.

This is absolutely disgracefull. It just goes to show how the law never protects those it should. The article doesn't mention how much of the drug he had in his possession. That judge should be removed from the bench or at least suspended.

I don't know what the laws are regarding weed in DC. Here in Ohio "possession" is roughly defined as having an amount (usually less than an ounce) assumed to be only for personal use - it is punishable by confiscation and a fine, no jail time. The charges change based on how much you are caught with. So over an ounce but less than a quarter pound would get you "possession with intent to sell" and over a quarter pound but less than a couple pounds would get you "dealing" and over a couple pounds would get you "trafficking" and so on. If you are also caught with large amounts of cash or a weapon the charges go up. I may be slightly off on the exact amounts though.

Regardless, this whole situation is disgusting and beyond tragic. The judge and every official at the jail directly involved with this case should be held liable.

And in general, I still don't see how we can justify having alcohol be legal and marijuana illegal. From a "effects" standpoint this is just ridiculous.

A bit of perspective on this.

The man committed a crime.
Whether we agree with it or not, it was a crime.

The judge gave him an option and he refused, she passed sentence.
She dealt with this man as a criminal and within the law.
Where is she to blame for this?

I disagree with the illegality of certain drugs, I disagree with the laws that say I must wear a crash helmet when riding my motor bike, I disagree with a lot of the more insane and personally restrictive laws that I have to live under.
However, I also accept that if I am found to be acting against the law, that I have to accept the consequences.

Now that we have dealt with the facts of the judgement, what about the ethics?

Difficult this.

The fact that this man was treated like any other in that situation, should that be aplauded or condemmed?
This man was a quadraplegic, but should that make a difference in the eyes of the law?
Disabled people have been shouting about equality for years, along with women, ethnic minorities, people with sexualities other than what is termed 'the norm'.
So, now this man is treated with equality and we are condemming the person who did it, not logical really.

The judge looked at this man as a man who had commited a crime and judged him as such.
As far as I can see she did the correct thing up to this point.

Past that point I cannot comment on her dealings with the case.
The article doesn't say what stipulations she made for his care or where he should be kept for these ten days.
It doesn't say what this guys attitude was towards her or what the interaction between them was, nor does it say whether this judge has an attitude or record of other such incidents.


Now to his treatment after he was sentenced.
There is no doubt, he did not get the care and attention that he needed to be able to live.
In my mind that if it were deemed that a punishment of having what liberty he had taken away, then he should have been hospitalised so that he could have had that and should never have been in a county jail.

Anything I can say about the matter is personal, but based on this artical I don't know whether I should be saddened or outraged, it is biased and it gives no information for me to base that judgement on.

A judge...a real judge not this asshole bastard ...has to take into account all the circumstances surrounding the " crime " and has great latitude in how they deal with the "punishment " ...the punishment should suit the fucking crime ! ...tell me how putting that person in jail for mere possesion of POT suited the crime ? You cant ignore the special "circumstances " of the case ...YOUR A FUCKING JUDGE ! You are supposed to SEE THE CIRCUMSTANCES ! This asshole bastard was making a fucking point at that mans expense ..a very fucking expensive point . She has to be made to suffer the consequences of her fucking stupidity .

by Curt Robbins and Dana Larsen (21 Apr, 2005) Washington DC judge sentences paralyzed first-time pot offender to 10 days in jail – he dies after five.


Johnathon Magbie (in wheelchair) with Reagan in 1982
On September 24, 2004, 27-year-old quadriplegic and medical marijuana user Jonathan Magbie died while incarcerated within a Washington, DC, jail. Magbie died from suffocation, the result of being deprived of his breathing ventilator and his usual round-the-clock nursing care.

While the surface-level events are shocking enough, within the details of Magbie's story lie the shocking facts of a tragedy that some are labeling "judicial homicide."

Circumstances of a tragedy

Magbie's troubles began in 1981, when, at the age of four, he was struck by a drunk driver while exiting a school bus. The accident paralyzed Magbie from the neck down, significantly stunting his growth and relegating him to a chin-operated wheelchair for the rest of his life. He required a mechanical ventilator to breathe and professional nursing care 24 hours a day; this was eventually limited to 20 hours per day at the request of Magbie's family.

22 years later, in April 2003, DC police stopped the SUV driven by Bernard Beckett, Magbie's cousin, in which Magbie was a passenger. According to Boniface Cobbina, Magbie's attorney at the time of his sentencing, "The vehicle was stopped because back seat passengers were observed by DC police to be toasting with cognac." Once again, the abuse of alcohol by others resulted in a life-altering event for Magbie.

Found on his person during the search of the vehicle was Magbie's medical marijuana, a loaded 9mm pistol, and four grams of cocaine. According to public court records, Magbie had asked Beckett to place the gun on him.

Seventeen months later, on September 20, 2004, Magbie suffered the ill fate of appearing before DC Superior Court judge Judith Retchin. Retchin has a reputation for administering harsh sentences, especially against those who enter her courtroom on drug charges. A pre-sentence report for the case recommended that Magbie be given probation, to which the US Attorney's office had no objection. According to Cobbina, a sentence of probation for first-time marijuana possession is standard in the DC court system.

Judge Retchin, however – seemingly insensitive to the fact that Magbie was quadriplegic, a first-time offender, and incapable of operating a weapon – sentenced him to 10 days incarceration for the possession of marijuana. In an interview with Cannabis Culture, Cobbina called this "an extremely atypical sentence for a first-time marijuana offense in DC." Washington Post staff writer Henri Cauvin also opined that, "The 10-day sentence rendered by Judge Judith E Retchin was unusually punitive for a first-time offender."

Nevertheless, in a transcript of the court proceedings, Retchin informed Magbie, "I'm not giving you straight probation. Although you did not plead guilty to having this gun, it is just unacceptable to be riding around in a car with a loaded gun in this city."

Unusually strict sentence

Retchin gained distinction in the DC legal community after playing a pivotal role in the infamous 1990 prosecution of then-DC Mayor Marion Barry. That case centered on Barry's alleged use of cocaine. At the time, Retchin likened the Barry case to a war, saying, "The General [Barry] was working with the other side."

Although Retchin justified her strict sentence doled out to a quadriplegic first-time offender by referencing the gun found on Magbie, the official charge was for marijuana possession alone; Cobbina had motioned for and was granted by Retchin dismissal of all other charges. "I didn't allow the judge to inquire into those charges because they weren't relevant to the proceeding," Cobbina said.

During his interview, Cobbina remained resolute in his objection to the strictness of Retchin's sentence. "No judge in DC gives a sentence like 10 days to a first-time offender for marijuana possession. It wasn't necessary for the judge to even consider my client's disability; the first time offense alone was enough to fully justify probation," Cobbina said.

Many in the DC civil rights and medical marijuana community agree. According to Philip Fornaci, Executive Director of the DC Prisoners' Legal Services Project, "It certainly seems likely that he wouldn't have died if he hadn't gone to jail." He continued, "Judge Retchin's ill-advised sentence set into motion a series of events that left a highly vulnerable man in the hands of the inept staff of the DC Department of Corrections. Judge Retchin placed Magbie's life in jeopardy, but it was the criminal mismanagement of the Department of Corrections that ultimately killed him."

"We see this as just one additional tragedy in the long line of tragedies in the war on marijuana users in this country," said Steve Fox, Director of Government Relations for the Marijuana Policy Project, a non-profit that lobbies Congress for marijuana legalization and decriminalization.

While the Magbie case is tragic, Fox points out that it is not unique. "We're dealing everyday with situations where patients are being denied their medicine, where people are being sent to prison for using a substance less harmful than alcohol. The Magbie case is an extreme example of that. It's incredibly unfortunate, but it's just the tip of the iceberg."

Powerful prohibitionists

The sentencing in Judge Retchin's courtroom wasn't Magbie's first encounter with a powerful prohibitionist figure. In October 1982, at the age of five, Magbie appeared with President Ronald Reagan and officials of the American Association for Respiratory Therapy in the Oval Office of the White House. A press conference was held in conjunction with National Respiratory Therapy Week, with everyone in attendance grinning exaggerated political smiles for the cameras. Everyone, that is, except for young Magbie, who held a mechanical ventilator tube in his mouth, allowing him to breathe.

Chillingly, Magbie's brief encounter with President Reagan occurred only 3.5 miles from the jail in which he would slowly suffocate and die some 22 years later. Ironically, it was the drug war fanaticism promoted by Ronald Reagan that eventually killed Magbie.

The attention afforded Magbie during his visit to the Oval Office in 1982 contrasts sharply with the neglect he suffered under the DC Department of Corrections as a result of Retchin's unusually strict sentence. The contrast of these two events in Magbie's life aptly illustrates the hypocrisy of a government so sharply focused on its draconian war on drugs that it cannot correctly determine the fair treatment of a seriously ill medical marijuana patient. A patient charged with what, in many states, constitutes not even a minor misdemeanor.

Lest Judge Retchin be unfairly characterized as a vengeful and insensitive prohibitionist despot, consider the following January 14, 2004, courtroom transcript featuring Retchin and Nikki Lotze, Magbie's attorney at the time:

Judge Retchin: Good morning. Where is Mr Magbie?

Attorney Lotze: Your Honor, I wonder if the court would consider waiving his presence; he was hospitalized. He's not hospitalized right now, but he was released earlier in the week having had a bout of pneumonia.

Judge Retchin: No, I would not waive his presence. He needs to be here.

Attorney Lotze: I'll see if I can get him here later in the day, your Honor. But, could we waive his presence just for purposes of scheduling matters and then I'll have him...

Judge Retchin: I'll issue a warrant for his arrest. It will be no bond as to Mr Magbie.

Instead of the flimsy justification of the gun for her strict sentencing, more likely the true reason for Retchin's venomous treatment of this young man was anti-marijuana bias. Despite Retchin's mention of the gun during her sentencing of Magbie, an anti-drug stance is supported by her record.

In May 2004, she suspended the 18-month sentence of a man who pleaded guilty to the charge of Carrying a Pistol Without a License, requiring no jail time of him. The smoking gun in this case was that it involved only that – a gun – and no drugs. Two months earlier, Retchin sentenced another DC resident to 30 months in jail following a guilty plea to the charge of Attempted Distribution of Heroin.

These are admittedly isolated sentences, but they build a case for Retchin's lack of objectivity, consistency, and fairness. While she leveraged the gun as justification for her sentence, her true motive more likely was marijuana. More specifically, Retchin was upset at Magbie's honest admission to pre-sentence investigators that he would likely continue to use cannabis because it was the only thing that made him feel better. Magbie added that he didn't believe there was anything wrong with using marijuana. This "lack of remorse" infuriated Judge Retchin.


Jonathoan Magbie: killed by Reagan`s drug war legacy
Judicial homicide

At sentencing, Judge Retchin incorrectly stated that the DC jail would be able to accommodate Magbie's medical needs. In fact, the jail actually didn't have the respirator Magbie needed to breathe, nor did they have the equipment needed to suction his lungs free of fluid.

After two days, the jail transferred Magbie to the Greater Southeast Community Hospital, which handles inmate hospitalizations. The hospital soon transferred him to the Correctional Treatment Facility (CTF), another corrections department unit near the jail.

Initial media reports claimed that the CTF told the hospital they couldn't meet Magbie's needs, but that the hospital would not take him back. CTF then apparently asked Judge Retchin to order the hospital to take Magbie, but Retchin refused. (Later, hospital administrators denied that the CTF had ever asked them to take Magbie back.)

According to media reports, Magbie's mother and lawyer begged CTF staff to let her bring her son his ventilator, and after two days they were finally told that she could bring it in at 10am. Magbie's mother arrived at 9:30am, and waited 45 minutes before a doctor came to see her. She gave him Magbie's ventilator, and then asked guards if she could visit her son, but was told that she couldn't because she did not have a formal appointment.

What the doctor and guards didn't tell Magbie's mother was that her son wasn't even in the prison at the time. Hours before his mother's arrival, Magbie had a medical emergency and had been transported to the hospital by ambulance. The doctor and guards all knew, but chose not to tell his mother. "If I had known, I could have told them what might have been wrong with him, and how they could help him," she said later.

It wasn't until later that night that Magbie's mother received a phone call saying that her son had been hospitalized, and was now dead.

Only one week later, Chief Judge Rufus King III told the media that the investigation of Magbie's death was closed. King added that he would be meeting with corrections officials to review their ability to deal with medical conditions in jail, and perhaps institute more training for judges.


A dedicated med-pot activist at the DC protest
Political protest

Magbie's death produced some scathing editorials in the Washington Post, but received virtually no national coverage.

The only formal protest against Magbie's death was an eight-day vigil put on by Loretta Nall, leader of the US Marijuana Party. On October 5, Nall and three others stood across from the courthouse, unfurled a banner reading "Judge Retchin guilty of judicial homicide," and began handing out leaflets to passers-by.

Showing their lack of respect for her First Amendment rights to free speech, DC prosecutors outside the courthouse threatened to arrest Nall for libel, but never carried out their act of intimidation.

"After about 15 minutes of discussion with the prosecutors about whether it was right or wrong to say Judge Retchin was responsible for Magbie's death, one of them said, 'We will arrest you by the end of the day for slander and libel.'" explained Nall. "I simply sat down, continued protesting, and waited to be arrested. I was quite disappointed when the day came to a close and they had not made good on their threat."

One of the most interesting encounters was with a federal marshal who walked up to Nall and said hello. "I returned his greeting," reported Nall, "all the while wondering what was about to happen and bracing for a head-cracking or some such brutality. Shockingly though, he began to tell me that he was the marshal who had been in charge of transporting Jonathan Magbie to the jail."

Nall talked to the marshal for some time. "He said when he saw Magbie and his condition he was shocked and upset that a person like that could be sent to jail. He said he felt like the lowest piece of scum on earth for having to drive him to jail and that he felt deep down that something horrible might happen. He told me when he read the story in the Washington Post a few days later he broke down and cried like a baby. He said he felt responsible to a degree but that as a federal marshal he had to do what he was told."

"I thanked him mightily for coming over and talking to me," added Nall. "I told him how he had redeemed his fellow officers by taking a few minutes to share his part of the Magbie story with me, and by being respectful and having the courage to stand in front of that courthouse in full uniform and say the things he said. He smiled, thanked me for having the courage to speak out and said with a wink, 'If anyone asks I told you to move on.'"

Nall is not only dissatisfied with the lack of national media attention given to the Magbie tragedy, she's also frustrated by the lack of turnout on the part of activists. "Aside from Marc Emery, who funded my trip, and a few dedicated people from the Cannabis Culture forums who made the trip here, no one here gives a damn about what happened. The only people who were brave enough to come and talk to us and show any support were the black defendants going in and out of the courthouse."


Loretta Nall leads the vigil in DC
Power and racism

The Washington Post editorialized that it was Magbie's lack of connection to "this town's rich, famous or influential," that resulted in his stiff sentence. Nall was far more blunt, claiming that racism played a major role in the treatment Magbie received.

Magbie was black, and according to Nall, "All Judge Retchin saw when she looked at Jonathan was another 'dope smoking ******.' She did not see a helpless, vulnerable, completely dependent human being whose life was already hard enough. The drug war mentality has turned her into a monster. Her and many others."

Washington DC is known for racist tendencies in its justice system, especially towards drug offenses. Half of the black men between the ages of 20 and 29 in Washington DC are under the jurisdiction of the criminal justice system, mostly for minor drug crimes. (That is higher than the still shocking national average of one in three.)

In a Pot-TV interview during her October courthouse protest, Nall said, "What happened to Mr Magbie should outrage everyone, whether they use cannabis or not. There should be 10,000 people in front of that courthouse every day, chanting and demanding that Judge Retchin step down and that the newspapers and television stations come out and cover this. This has to stop right here, where it started, in Washington, DC!"

This is the only article I could find on the matter and its in a pro pot publication . http://cannabisculture.com/articles/4111.html You have to wade through some bullshit but the facts of the case speak for themselves .

The judge is an asshole .

Just another casualty in the "war on drugs." At least my non existant kids are a little safer with this guy off the streets! :rolleyes:

This is what a "culture of life" and "family values" and all that other moralistic, judgmental bullshit Americans spew out these days gets you. It's clearly cruel and unusual punishment to put a prisoner in a situation where he's not going to get adequate medical care. That judge and the warden of that prison should be arrested.

I just wanted to get in early and let you know you're not the crazy one here -- this story is fucked up. It's disgusting. It's an outrage.

And I hope my pessimism will be proved wrong and it will be a little while before posters start screaming and yelling about how anyone who commits a crime deserves what they get in prison.

People suck.

It's not about "culture of life" or family values at all, it's about lack of judgement and an unusual punishment. I think special cirumstances exist where the judge should be allowed to bend the rules a little bit, and this was one of them. Certainly, he should be punished for his actions, fined at least, but not imprisoned, and possibly put in rehab.

For those of you who think weed is harmless, a friend of mine just died in a car crash friday night. Him and his friend were high and were screwing around on a country road.

http://www.washingtonpost.com/wp-dyn/articles/A10798-2004Oct29.html

There's more to the story . I'll have a bunch of links as soon as I finish more research on it.


Make no mistake about it, Superior Court Judge Judith Retchin knew what she had on her hands when she sentenced 27-year-old quadriplegic Jonathan Magbie on Sept. 20 to 10 days in jail for simple possession of marijuana. Why she decided to incarcerate Magbie, totally dependent, unable to breathe reliably on his own -- and a first-time offender -- remains an unanswered question that court officials would just as soon see go away. It won't. It can't. The power of government took Jonathan Magbie off the streets. The power of government put him behind bars. And Magbie was in the government's custody when he died.

http://www.november.org/thewall/cases/magbie-j/magbie-j.html

Being a Superior Court judge means never having to admit you are wrong -- that is unless you are answering to the D.C. judicial tenure and disabilities commission, which reviews the conduct of judges. That's not likely to happen with Judge Retchin, however. Magbie's not wired to anybody important in Washington

I need to find the link to that commision ....can you say E-mail ?

Here's the Judges friggin phone number at work ...Judith E. Retchin ( ext ? ) 3520 - ( DC area code ? ) 879-1866

For those of you who think weed is harmless, a friend of mine just died in a car crash friday night. Him and his friend were high and were screwing around on a country road.

Yeah ok, so weed overrode your friends' free will, forced them to behave in a way totally alien to their personalities and education, and is therefore responsible for his death?

Or maybe weed is harmless, while doing stupid things behind the wheel is not.

It happens a lot--I'll be reading a story or a blog and I'll have a "wtf" moment, and sometimes I'll post the story here in hopes of stirring up some debate or some outrage or both, and it's a bit cathartic.
Jesus! All over a bit of weed. Sigh. I would love to see a bit more judicial oversight for judges at the lower levels. :(

BTW ... thanks for not making this Bush's fault. I almost fainted! ;)

More on the case ..

Check out the other links with the judges phone number if you want to express your views to her .

http://blog.drugpolicy.org/2004/10/judge-and-executioner.html

http://hempevolution.org/media/washington_post/wp041030.htm

http://www.usdoj.gov/usao/dc/Community_Prosecution/Court_Reports/May05/5D_Court_Report.pdf

Surely Judge Retchin shares the blame. According to the Washington Post article, she is known for harsh sentences. In a nation with two million prisoners, whose incarceration rate has been criticized by prominent human rights organizations, such an impulse is part of the problem. The attitude that drove her to send a helpless, wheelchair-bound young man, who had hurt no one, to jail, is a barbaric one that our society desperately needs to leave behind. And knowing how dangerous the jails can be, even for the healthy and strong, it was especially reckless. If she didn't understand that, it is to her discredit.



http://www.cpmission.com/main/painpolitics/magbie.html


Newshawk: End Marijuana Prohibition: www.mpp.org
Votes: 0
Pubdate: Sat, 20 Nov 2004
Source: Washington Post (DC)
Copyright: 2004 The Washington Post Company
Contact: letters@washpost.com
Website: http://www.washingtonpost.com/
Details: http://www.mapinc.org/media/491
Author: Colbert I. King
Referenced: previous columns http://www.mapinc.org/author/Colbert+King
Bookmark: http://www.mapinc.org/people/Magbie (Jonathan Magbie)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal

In fairness I have tried to find articles defending the Judges actions . I cant even find a crazy extreme right wing death wisher to defend the bitch .
I will keep searching ..No answer at her work phone..I thought I would leave a message .http://www.mapinc.org/newsnorml/v04/n1394/a10.html


"Mr. Magbie, I'm not giving you straight probation," Retchin said, according to a court transcript as reported by the Post. "Although you did not plead guilty to having this gun, it is just unacceptable to be riding around in a car with a loaded gun in this city."



Magbie had been paralyzed from the neck down when he was struck by a drunk driver at age four. He got around in a wheelchair he operated with his chin, and relied on a ventilator to breathe. His family told WJLA-TV that he relied on family for his personal care and received twenty hours of nursing care daily.



http://newstandardnews.net/content/?action=show_item&itemid=1085

http://www.doctordeluca.com/Library/WOD/JailedForMJ-QuadDies04.htm

http://www.lawbbs.net/gideon/dcsct.htm

Yeah ok, so weed overrode your friends' free will, forced them to behave in a way totally alien to their personalities and education, and is therefore responsible for his death?

Or maybe weed is harmless, while doing stupid things behind the wheel is not.

I've done things completely alien to my personality when high, I've seen others act differently when high, so I don't doubt it. Usually, when screwing around with your buddies, you'd take a certain amount of responsibility. You might do some stupid shit, but you know when to draw the line. You don't when you're high. Weed might not be fully responsible, but it sure as hell was a factor.

I've done things completely alien to my personality when high, I've seen others act differently when high, so I don't doubt it. Usually, when screwing around with your buddies, you'd take a certain amount of responsibility. You might do some stupid shit, but you know when to draw the line. You don't when you're high. Weed might not be fully responsible, but it sure as hell was a factor.

Or maybe you only think they are completely alien to your personality, because that places all the responsibility on a plant instead of your own self. That would certainly be the more comforting answer. Its no surprise why you cling to that one.

How can "weed" be even partly "responsible?" So if I kill someone on weed, the weed gets put on trial too as co-conspirator? No, weed is not responsible. Your friend was responsible, for putting himself and his friends behind the wheel of a car, and fucking around. He was even responsible for doing the weed in the first place. At no point was responsibility outside of himself and his friends.

For those of you who think weed is harmless, a friend of mine just died in a car crash friday night. Him and his friend were high and were screwing around on a country road.
I'll choose to blame the 'screwing around on a country road' in a car rather than the weed. I get high frequently, and I don't drive... hence the likelihood of dying is greatly diminished. Sorry to hear about your friend, though. Country roads may seem picturesque, but they can be incredibly dangerous. I don't even like walking alongside country roads - the risks are too high.

... thanks for not making this Bush's fault. I almost fainted!
Why would he when it's clearly Reagan's fault?

.Snippit
Wow.

I say we put the judge on trial for murder.

All are held to the same standard under the law. If you want to blame someone, blame the legislature for not creating different minimums and maximums for disabled people.

The judge could have sentenced him to probation it was at her discretion...thats why they are called "JUDGES " it is common for first offenders in that COURT to be given probation . She chose to make a point by using a fucking crippled guy . The blame is all hers for her decision . SHE HAD A CHOICE .

The judge could have sentenced him to probation it was at her discretion...thats why they are called "JUDGES " it is common for first offenders in that COURT to be given probation . She chose to make a point by using a fucking crippled guy . The blame is all hers for her decision . SHE HAD A CHOICE .
Her perogative. In the eyes of the law, the crippled have no special immunity from crime; they simply are expected to survive the prison system with adequate assistance(as far as I know).

I say we put the judge on trial for murder.who did she murder?

Sentencing a cruel and unusual punishment is one thing, but murder?

Death by negligence should fall on the facilities. not the judge.

Justice is supposed to be swift, balanced and blind. no exceptions made for the handicapped, religious, or even social standing. that is why the statue signifying justice has the scales in one hand, a sword in the other, wings on her back, and she is blindfolded.

The judge could have sentenced him to probation it was at her discretion...thats why they are called "JUDGES " it is common for first offenders in that COURT to be given probation . She chose to make a point by using a fucking crippled guy . The blame is all hers for her decision . SHE HAD A CHOICE .In a post above, an article you quoted mentioned a gun in the car--couple of questions about that. Did this guy drive, and if so, how? And if there was a gun in the car, how did she expect him to use it? He controlled his wheelchair with a device in his mouth according to the original article.

In a post above, I think you misquoted...

possession of a firearm does not mention the ability to use it. just having it on your person.

same as with possession of illegal narcotics. Use, or ability to use, is not a factor, but possession, or having it on your person is against the law.

Well. She certainly made her point, didn't she?

Prohabition is more important than the people.

Fucking ridiculous. And the whole "Hey, no different before the law" crap is utter bullshit. If he was no different under the law he would have got fucking probation. And fucking bullshit anyway-you have to take into account circumstances-that's why the judge fucking asks about them, why the lawyers argue them-it's why you have a fucking judge in the first place and not a burecratic machine. Fucking bullshit.

Fuck. Too fucking angry.

I think you misquoted...

possession of a firearm does not mention the ability to use it. just having it on your person.

same as with possession of illegal narcotics. Use, or ability to use, is not a factor, but possession, or having it on your person is against the law.
But the ability to use it ought to be a factor, especially since we're talking about a completely helpless person.

While it is tragic what happened to Magbie, I would like to know how a quadriplegic comes into possession of pot on his own. The article says he was under 20hrs of daily care. Where was his family or his caretakers and how could they allow him to take the wrap for possession?

But the ability to use it ought to be a factor, especially since we're talking about a completely helpless person.unfortunatly, Possession is possession in the eyes of the law. remember, he did admit to asking someone to place the gun on his person. why would he do that if he couldn't use the gun in the first place?

unfortunatly, Possession is possession in the eyes of the law. remember, he did admit to asking someone to place the gun on his person. why would he do that if he couldn't use the gun in the first place?

I imagine that he had the gun placed on his paralyzed body before the cops found it in order to make sure his friends did not get in trouble for having it. And after all, he was unable to use a gun, so he probably assumed that he would get in less trouble than non-paralyzed friends, especially in Washington DC, where gun possession is illegal unless you are a cop on duty.

This is an example of the culture of death in this country. Death by judge occurs more frequently than we are made aware through the media. It is easier and much harder to prosecute than killing someone yourself.

Try it if you ever want to get rid of an impaired/disabled relative. A judge will gladly put them in circumstances which will lead to their death.

That was why we fought for Terri Schiavo, and every other person like Magbie. And the line will continue to move. Someday, you will be able to take your unruly children to a judge to "get rid of them permanently." Watch and see. :(