Cannabis News The November Coalition
  Ashcroft Nephew Got Probation After Major Pot Bust
Posted by FoM on January 12, 2001 at 07:33:21 PT
By Daniel Forbes 
Source: Salon Magazine 

cannabis Although his arrest for growing 60 plants could have landed him in federal prison, Alex Ashcroft was tried in state court and avoided jail -- despite his uncle's crusade for tougher federal drug laws and mandatory prison sentences.

The nephew of Attorney General-designate John Ashcroft received probation after a felony conviction in state court for growing 60 marijuana plants with intent to distribute the drug in 1992 -- a lenient sentence, given that the charges against him often trigger much tougher federal penalties and jail time. Ashcroft was the tough-on-drugs Missouri governor at the time.

Alex Ashcroft, then 25, and his brother Adam, 19, were arrested and charged with production and possession of marijuana after police raided their home in January, 1992. A housemate, Kevin Sheely, then 24, was also arrested. Officials said approximately 60 marijuana plants were found growing in a basement crawl space, and a lighting, irrigation and security system was also discovered.

Although growing more than 50 plants often triggers federal prosecution, and results in jail time -- thanks to federal mandatory minimum sentencing laws Ashcroft fought to toughen as senator -- Alex Ashcroft was prosecuted on a state charge and received probation. His brother Adam did not live in the house and was never prosecuted.

According to Sheely's lawyer, Dan Viets, who practices in Columbia, Mo., Ashcroft tested positive for drugs during his first post-probation drug test, yet still remained free.

"As I recall it, in his first month on probation, Alex had a positive urine test," Viets said. He asserted he has spoken to someone who has recently seen documentary evidence of the failed test.

Reached for comment, Alex Ashcroft's father Bob first denied that his son had failed a urine test, then said, "Anything's possible." Asked about the failed urine test, Alex's mother, Beverly Ashcroft, told Salon, "I have no idea. That's such an upsetting time, it's all a little foggy."

Ashcroft was sentenced to three years in the Missouri Department of Correction for a class C felony involving more than 35 grams of marijuana. The sentence was suspended, and he was placed on probation for three years and sentenced to 100 hours of community service, which he served.

Ashcroft's parents point out that Sheely, who went before a different judge, received even lighter treatment. Sheely's records are sealed, and all Viets would say is that his client was officially "not convicted." Bob Ashcroft says, "The prosecutor was from the other side of the aisle. He did everything he could to prosecute my son." His mother, Beverly, adds, "I think the facts are clear that his uncle as governor certainly did not bail Alex out."

There's no evidence Ashcroft intervened on behalf of his nephew, but Alex Ashcroft's connection to the governor was widely known. The arrest made national newspapers, from the Atlanta Journal-Constitution to USA Today, as well as the local dailies.

Mindy Tucker, a spokeswoman for the Bush-Cheney transition team, said, "Given Sen. Ashcroft's reputation for zero tolerance, I'm sure if he had anything to do with it, the penalty would be much worse. He would have influenced it [the sentence] in the opposite direction." She declined further comment.

The federal law enforcement official who had jurisdiction over the case at the time, U.S. Attorney for the Western District of Missouri Jean Paul Bradshaw II, said he had no knowledge of the Ashcroft case. A Bush appointee, he is now in private practice in Kansas City, Mo.

Others convicted of similar offenses in Missouri have certainly faced tougher punishment. Eric Edmundson, an electrical engineer in Pineville, Mo., served two years in Leavenworth federal prison after his August 1993 arrest for what police said were 51 marijuana plants growing on his property.

Edmundson was accused of selling marijuana, a charge he denies. He accepted a plea bargain to spare his wife, a non-drug user, who was also charged. "You get a bad gut feeling in your heart, when [during sentencing] the judge says 'I'm sorry I have to do this -- no good can come out of it,'" says Edmundson, who now works as a production manager in a circuits factory. He said he's "bitter" that Ashcroft merely got probation after being convicted on similar charges.

The irony of an Ashcroft relative receiving lenient treatment for a drug offense won't be lost on drug reformers. The Drug Reform Coordination Network, a national advocacy group, calls Ashcroft "one of the most hawkish drug warriors supporting some of the most extreme drug war legislation during his tenure in the Senate." He has supported toughening mandatory minimum sentencing laws, and has opposed efforts to end the disparity between penalties for crack and powder cocaine, and to curtail racial profiling.

His nephews' arrests weren't the only drug-related embarrassments during Ashcroft's term as governor. His drug czar had to resign over revelations he'd used drugs himself in his youth.

As for the Ashcroft nephews, their mother reports they are both married and doing well. Alex works in computer installation, and Adam, the younger, is in insurance. "It was a good learning experience," she says. "They're both responsible citizens. It was a stupid college deal that taught the family a lot."

About the Writer:

Daniel Forbes is a New York freelancer who writes on social policy and the media.

Contact: ddanforbes@aol.com

Source: Salon.com (US Web)
Author: Daniel Forbes
Published: January 12, 2001
Copyright: 2001 Salon.com
Address: 22 4th Street
16th Floor San Francisco, CA 94103
Fax: (415) 645-9204
Contact: salon@salonmagazine.com
Website: http://www.salon.com/
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Feedback: http://www.salon.com/contact/letters/

Related Articles & Web Site:

Stop John Ashcroft
http://www.StopJohnAshcroft.org

You Can't Be a Moderate and Pick Ashcroft
http://cannabisnews.com/news/thread8264.shtml

Ashcroft - Out of Sight on The Right
http://cannabisnews.com/news/thread8252.shtml

Can John Ashcroft Overcome His Ideology?
http://cannabisnews.com/news/thread8247.shtml


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Comment #7 posted by NiftySplifty on January 12, 2001 at 18:09:33 PT
This is awesome!
I just love to hear about this kind of thing (like Dan Burton having an illegitimate son, but ranting about Clinton's immorality). Hypocrisy is something to which these politicians can't help themselves! You can bet there is absolutely NO WAY that John Ashcroft didn't know about his nephews' arrest. The parents' can't remember. I remember parental tricks to see if we little kids were honest, how can they not recall a failed drug test! Not to mention, the failure was during probation! John Ashcroft would have anyone else strung up!
Ah, I suspect what was once a pebble, has now become a boulder...and it's picking up speed. (the movement, that is).
Nifty...


[ Post Comment ]
 
Comment #6 posted by dddd on January 12, 2001 at 16:20:02 PT
justice
Like Robbie,I have a hard time seeing how Ashcrofts nomination could go through.But as Ethan pointed out,lady justice is indeed quite visually impaired,in fact I dont think this bitch is even the real lady justice.The real lady justice is probably bound and gagged in someones cellar.

If dubya was able to hijack the oval office so nicely,then dont be suprized when Ashcroft is installed as AG.Follow that with McCollum as czar,and get ready to go underground.

I hope for the best,but expect the worst......dddd

[ Post Comment ]

 
Comment #5 posted by FoM on January 12, 2001 at 13:45:16 PT
Way To Go Robbie!
You are doing such a fine job and I'm glad you also particpate here on Cannabis News. It's people like you that are helping to get the news out and accurately too.

PS: I enjoying newshawking for MapInc. It must be something in our blood. I guess we're just newsies!

[ Post Comment ]

 
Comment #4 posted by Robbie on January 12, 2001 at 10:14:40 PT:

The Ashcroft fraud
I don't see how Ashcroft's nomination can survive. With everything else piling up on him, this has to be the nail in the coffin.

If John Ashcroft were even true to his right-wing ideology, he would have gone to his nephew's trial and insisted that he be put away under the laws that Ashcroft champions. Anything less is absolute hypocrisy, and John Ashcroft should pay the price for his "crisis of conviction."

If his nomination does go through, then we are in for a literal fight for drug-law reform. We're gonna have to get together, smuggle our joints into the House of Representatives gallery, and toke up. Let them arrest us! We will have plenty to say!


[ Post Comment ]
 
Comment #3 posted by JR Bob Dobbs on January 12, 2001 at 09:06:35 PT
Weasels
>>As for the Ashcroft nephews, their mother reports they are both married and doing well. Alex works in computer installation, and Adam, the younger, is in insurance. "It was a good learning experience," she says. "They're both responsible citizens. It was a stupid college deal that taught the family a lot."<<

But with no jail time, no felony, these kids are allowed to vote in future elections, while the thousands of blacks that didn't manage to weasel out of prison don't get to vote. Heck, these kids are still qualified to be PRESIDENT, given our recent choices...

Justice is the whim of the judge. And many of Ashcroft's whims are terrifying.

[ Post Comment ]

 
Comment #2 posted by aocp on January 12, 2001 at 08:48:01 PT
Honesty
>Reached for comment, Alex Ashcroft's father Bob first denied that his son had failed a urine test, then said, "Anything's possible." Asked about the failed urine test, Alex's mother, Beverly Ashcroft, told Salon, "I have no idea. That's such an upsetting time, it's all a little foggy."

Yea, right. A scandal involving the tough-on-drugs governor's nephew that reaches national news proportions and the mother cannot remember if her son subsequently *failed* a drug test? Give me a break! The guy was pruning 60 plants! I guarantee you, unless she was in a coma, she remembers if her son failed the test or not. As for the dodgy father, what a dishonest scumbag. First, you're a liar. Then, you realize your freaking hand's in the cookie jar and mumble some BS about anything being possible?!? Yea, we druggies know anything is possible, daddy-o ... try telling us something more akin to the truth, heya? Not exactly the forte of the antis, but you might start liking practicing what you preach on the honesty front.



[ Post Comment ]

 
Comment #1 posted by Ethan Russo, MD on January 12, 2001 at 08:45:44 PT:

Lady Justice
She is blind, because it would be too difficult to view the state of American jurisprudence and (lack of) justice.

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