BAKER DISMISSES CHEMICAL WEAPONS CHARGES

North Carolina Superior Court Judge James Baker ruled last week that
certain provisions of the state's chemical weapons statute are
unconstitutional and unconstitutionally applied to those charged with
manufacturing methamphetamine.

District Attorney Jerry Wilson announced in July that suspects arrested in
connection with methamphetamine production would be charged under the
state's anti-terrorism law. Wilson argued that the toxicity of the
byproducts resulting from the production process pose a significant danger
to others and that the current criminal statutes do not adequately
acknowledge or punish the personal and environmental risk that meth
production entails or the high recidivism rate that has resulted in
multiple arrests of the same offenders.

In announcing his decision to prosecute under the statute, Wilson released
a three-page statement in July explaining the rationale behind the new
charge. "It is our position that the current statute is woefully
insufficient to address the epidemic of clandestine methamphetamine
laboratories that Watauga County is experiencing," the statement read.
Wilson cited explosions, fires, hazardous materials in unmarked containers,
the toxic and lethal byproducts of methamphetamine production,
environmental damage and cleanup costs as justification for his office's
effort "to make the punishment fit the crime."

In the intervening months, 15 suspects have been charged under the statute
and held on bails of up to $500,000.

Following Baker's ruling in favor of the defense attorneys who argued the
unconstitutionality of the statute as applied to drug production, he
dismissed the chemical weapons charges against all 15 defendants. They have
all been charged with other drug-related offenses, but a lower bail is
attached to those charges.

Wilson disagreed with the judge's ruling and subsequently issued the
following statement: "The District Attorney's office argued strenuously
during the hearing in favor of the constitutionality of the statute as
passed by the legislature, and immediately appealed Judge Baker's ruling. I
believe Judge Baker's ruling is incorrect."

Until the appeals court hears the case and renders a judgment, no further
suspects can be charged under the chemical weapons statute.