Drug Crime

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Drug Dealer Liability Act: Crack Addiction Leads California Wife to Sue Husband’s Former Mistress

The California Drug Dealer Liability Act (DDLA) allows those who are injured by the marketing and distribution of illegal drugs on the black market to recover damages from those responsible. Typical DDLA cases involve innocent parties who are injured in an automobile accident caused by someone under the influence of drugs or governments who must spend tax dollars treating those who become addicted to drugs, including newborn babies. Drug dealers are typically named as defendants in such cases.

However, the DDLA also allows family members to sue drug dealers for emotional distress caused by their loved one’s addiction. The DDLA was adopted in California in the mid-1990s, due in part to the advocacy of actor Carroll O’Connor, whose son committed suicide after years of illegal drug use. A recent case in Sonoma County is an example of this novel approach to drug dealer liability.

Cynthia Siciliano of San Rafael filed suit against her husband’s former mistress under California’s DDLA statue. Siciliano claimed that Jodie Graham-Potts supplied drugs to her boyfriend, Sicilian’s husband, resulting in his drug addiction, which ruined their lives. The husband testified against his former mistress at the trial.

The affair between Graham-Potts and Marc Anthony Siciliano, a former minor-league ball player, began when Graham-Potts was a driver for the family’s limo company. Shortly thereafter, she introduced him to freebasing cocaine, an activity that the couple engaged in repeatedly during their two-year affair.

One of the more salacious details of this bizarre case was the introduction of a videotape that showed Graham-Potts giving Siciliano cocaine and, later, the couple engaging in an hour-long sex session.

In her defense, Graham-Potts argued that Mr. Siciliano was not telling the truth and had a history of drug use before she met him. She also claimed that his wife was filing suit simply to get revenge against Graham-Potts for having an affair with her husband. During the trial, Graham-Potts refused to answer certain questions about her own drug use, citing the Fifth Amendment right to not incriminate herself, in case of a criminal indictment.

During the trial, the Plaintiffs argued that they had a happy marriage for the first seven years. However when the affair started, the husband became abusive and had trouble sleeping at appropriate times; the limo business also started to suffer.
During Christmas 2007, after the affair was over, Siciliano’s wife discovered a drug/sex video of Siciliano and his mistress which showed the couple sharing a crack pipe. When confronted by his wife, Siciliano admitted that the affair had been going on for two years but was over. The mistress claims that she broke off the relationship when he broke her nose in a drug-induced rage.

During the 10-day trial, Siciliano admitted to past meth use but revealed smoking crack changed his life and caused him to become abusive. He also started to neglect caring for his daughter while his wife was at work. Because of his behavior, Siciliano was disfellowshipped by the Jehova’s Witnesses Kingdom Hall, exacerbating the pain and humiliation suffered by his family.
Siciliano placed the blame for his behavior squarely on the shoulders of his mistress; she would cook the drugs for him because he did not know how. The Siciliano’s asked the jury to consider $100,000 as the starting point of a damage award, along with punitive damages for, what they perceived to be, Graham-Potts’ maliciously getting Siciliano hooked on crack.

However a jury of four men and eight women declined, finding Graham-Potts not liable for the family’s emotional distress after only three hours of deliberation. One juror claimed that the plaintiffs failed to prove that the defendant actually provided drugs to Siciliano, a required element in a California Drug Dealer Liability case.

http://www.pressdemocrat.com/

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Tainted Drugs Suspected in Death Caused at Rave

A 23-year-old man from Santa Clara died on Saturday, May 29, 2010 after attending a rave in Daly City, CA where he possibly ingested tainted drugs. The rave, known as “Pop 2010: The Dream,” is a large annual event held at the Cow Palace arena and attracts thousands of gatherers each year. This year’s event drew more than 16,500 attendees. The rave is a well-known location where drugs such as MDMA—also known as Ecstasy—are illegally sold and used by attendees while they dance for extended periods of time inside confined and poor ventilated environments. Nearly a dozen other attendees were hospitalized with life-threatening symptoms early Sunday morning. Five remained in critical condition as of Monday. Police are now investigating the man’s death as possible homicide.

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Man’s Arrest Suggests Violence Spillover from Mexico

Hidalgo County is cracking down on drug crime and last week, arrested Genaro Perez III on seven felony counts. His alleged crime spree was reportedly used to feed his addiction to crack, according to a report in The Monitor.

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Mexican Drug Violence is Heaped on the Children

Local residents living near the giant rusty fence of the metal bars along the Mexican border have given a new name to the barrier: Jurassic Park Gate. The name is rather fitting given the nod to the 1993 movie that kept dangerous dinosaurs out of reach of the humans in a theme park.

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Controlled-Substance Homicide by Washington State Teens: An Emerging Epidemic

A 17-year-old Lyden, Washington teen has been arrested in connection with the death of 16-year-old Aaron Uitdenhowen. Uitdenhowen died of an accidental drug overdose while at the friend’s house in August 2009.

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Boat Supplier to Drug Smuggler Fined

Drug crimes can extend beyond indulging in the consumption of a substance or transporting it for trade. For one mother of three, providing the item needed for transport can be enough to lead to conviction.

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Barrio Azteca Gang Behind Juarez Drug Violence

Prison cells of Texas apparently do much more than rehabilitate criminals. According to a report in the Washington Post, it also provides a prime location to breed a sophisticated paramilitary killing gang that U.S. and Mexican officials suspect is behind thousands of assassinations, including the attacks on U.S. consulate employees.

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Drug Smugglers Getting Creative

Smuggling drugs into Asian countries is a must for those drug cartels that hope to continue to drive their exorbitant profits. According to a report in Asia One, smuggling syndicates have been getting more creative as they smuggle drugs.

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State Departments Issue Spring Break Warnings

The Texas Department of Public Safety is concerned for the welfare of all spring breakers who would normally venture to border cities in Mexico as part of their fun. According to an Examiner article, the Department has issued a news release that asks these individuals to avoid such activities and that parents should not allow their teens or college kids to travel there due to current danger.

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Woman Gets Maximum Sentence for Drug-Related Crimes

A claim of being the “biggest drug dealer in town” did not win any favors for Audrey Curtis in court. The Torrington woman has been charged with stealing thousands from two different families. According to a Register Citizen report, Curtis could not escape a maximum jail sentence.

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