POT ACTIVIST FILES FIRST APPEAL IN SWAT CASE

A California marijuana activist has filed a formal appeal to the
Citizens Police Review Board regarding Police Chief Ken Burton's
ruling that SWAT officers' actions during a controversial February
raid were appropriate.

The appeal is the first for the board, which has been authorized to
accept appeals since Jan. 1.

The letter, dated June 10 and received by Columbia police last
Tuesday, calls for an appeal of the investigation into the actions of
an eight-member SWAT squad that raided 1501 Kinloch Court in
southwest Columbia and fired shots. Burton in May released the
findings of his monthslong internal investigation into the raid,
which resulted in the shooting of two dogs, one fatally, and the
discovery of a misdemeanor amount of marijuana. A video of the raid
has been viewed more than 1 million times online.

Investigators had believed a resident of the home, Jonathan
Whitworth, was in possession of a large amount of marijuana.

Review board members over the weekend received copies of the internal
investigation to review, Chairwoman Ellen LoCurto-Martinez said. The
topic will be discussed at the board's July 14 meeting, and
witnesses, including SWAT officers and Whitworth, could be called to
testify during the board's interview sessions.

"Obviously, we are excited because this is why we were created,"
LoCurto-Martinez said. "We have been anticipating it, and now we have
it. It's time to do our job aE& We need to investigate what happened
and whether we agree with the chief's decision."

In his complaint, Ed Rosenthal of Piedmont, Calif., said the shooting
of a mixed-breed corgi during the SWAT raid was unwarranted because
there is no evidence the small dog was a threat. Burton said his
investigation found the corgi was accidentally shot when officers
were attempting to shoot a pit bull, which was killed in the raid.

Rosenthal also claims Whitworth complied with officers and should not
have been "manhandled."

"If a civilian did this to another civilian, he would be arrested for
battery or assault," said Rosenthal, director of Green Aid, a medical
marijuana legal defense and education fund. He also wrote that there
was no reason for a forced entry and questioned whether the SWAT
procedure was "out of bounds of civil procedure and should be
reevaluated."

In his final point, Rosenthal wrote that he believes Burton "knew his
officers were violating standard procedure," and he also requested
that SWAT team members be evaluated by an independent psychiatrist to
determine whether they should be allowed to carry weapons. "They are
a danger to society," he wrote.

Yesterday, Rosenthal said his organization would fund independent
psychiatrists for the evaluations if requested by Columbia police.
His organization also might provide funding for a civil suit
Whitworth is considering against the city. Whitworth's attorney,
Jeff Hilbrenner, could not be reached for comment.

Of the four points in Rosenthal's complaint, only his concern over
the dog's shooting might be reviewable. Burton's investigation only
concerned whether actions were appropriate in the discharge of
weapons related to officers' belief that the pit pull was aggressive.
Burton's investigation did not include the "manhandling" of the
suspect or the issue of forced entry. LoCurto-Martinez said the board
is looking into the matter.

Anyone can file an appeal to a citizen-generated internal affairs
investigation. Rosenthal said although he does not live in Columbia,
he thought it was his duty as an American to file the appeal.