LIBERTY AND JUSTICE (NOT) FOR ALL

Raymundo Aleman defies the televised stereotype of the ostentatious,
histrionic lawyer. Dressed in a brown and khaki suit and olive tie, Aleman
is unobtrusive and restrained, except for a left leg that tends to jiggle
when he's enthused about an issue.

The issues that get him jumping: economic injustice and oppressive drug
laws. As the Libertarian candidate for district attorney and a criminal
defense lawyer, he's up against a Texas Criminal Justice System that houses
150,000 prisoners, the most of any state. In the November 5 general
election he will battle Republican incumbent Susan Reed -- the Democrats
haven't fielded a candidate -- for the right to set the tone of the Bexar
County justice system.

Aleman's judicial philosophy is as tough on violent and serious offenses as
those of his mainstream party counterparts. "I have no intention of turning
loose murderers and rapists and drive-by shooters," Aleman remarks. "But
I'm not going to fill the jails with non-violent criminals."

A 2001 telephone survey of 1,056 adults by the Open Society Institute
suggests that most Americans believe the U.S. criminal justice system is
ineffective, and takes a purely punitive approach to crime. More than 60
percent of those surveyed said drug cases should be handled through
counseling and treatment; 31 percent stated these offenses should be
considered serious crime. Seventy percent said the war on drugs has failed;
18 percent considered it a success.

As a Libertarian, Aleman opposes laws that prohibit consensual crimes (such
as marijuana use -- particularly for medicinal purposes) and those that
punish people inconsistently and unfairly. Chances are, if you have money
and are white, you can buy off the system; if you're a minority or poor,
you'll be trapped in it. "The people who come to me have done something. My
job is to make sure whether someone has money or not they get a fair chance."

A Judson High School graduate, Aleman received his law degree from the
University of Texas at Austin in 1981. For the past 20 years he's worked in
family law and as a criminal defense attorney. In that time, he's seen
state and federal drug laws tighten the reins on even minor drug offenders,
clogging the courts, the jails, the caseworkers. (In state jails alone,
more than 4,500 inmates are incarcerated for substance abuse offenses,
albeit not all of them for pot.)

"The police don't routinely test small amounts [to see if it's marijuana],"
Aleman says. "It might not be a bad idea to handle these cases as you would
traffic tickets. I wonder if it's the best use of the police to look for
people using marijuana."

For those busted for a significant poundage, the county can also seize
their property and use the assets to fund drug prevention programs or even
to buy office chairs; for example, in 1997, asset forfeiture brought in
more than $400,000 annually to the Bexar County D.A.'s office, which then
shared the take with the City.

"Asset forfeiture is just horrible," Aleman emphasizes. "They can take just
about everything. They can take cars that don't belong to the person who's
been convicted. They can take a house even if their spouse doesn't know
about the drugs."

Even if the police find the marijuana illegally, Aleman says it's becoming
more difficult to convince a judge to dismiss a case on the basis of an
illegal search -- which is forbidden by the Fourth Amendment. "The courts
have decided these police errors are harmless. They give the cops the
benefit of the doubt that they are doing their job."

Prostitution falls under the Libertarian category of "consensual crime,"
and although Aleman says he doesn't "advocate it because most people in it
are exploited," he is "really troubled by the way cases are made -- through
entrapment, although it's not a defense. The police don't arrest customers
because many of the 'customers' are undercover cops," he adds, noting that
johns will occasionally get popped by a woman officer posing as a prostitute.

Aleman has also defended several gay men who were nabbed by the park police
for public indecency; most of the men plead guilty to avoid public
embarrassment at trial. " What I found is that the stories of both the
officer and the gay man were the same; the officer would look at him at a
urinal, smiling," notes Aleman, who adds that he opposes extra penalties
for hate crimes because they are unnecessary. "It's a sad situation."

Equally tragic, Aleman notes, is the economic injustice that plagues the
criminal justice system. Those who can't post bail for a misdemeanor charge
- -- primarily low-income or homeless people -- have to stay in jail until
their assigned court date; the other option is to go to jail court, where
although the person is represented by a lawyer, the primary purpose is to
plead guilty and thus be released.

"It's good for people who want to get out," explains Aleman, a death
penalty opponent. "But you're encouraged to admit your guilt. It doesn't
allow you to properly assert your rights. And the state looks good with
lots of convictions."

Some of Aleman's election pledges include providing the defense attorney
with more complete information -- such as police case files -- to prepare
for trial. "The assistant DA's have to be told they're working for the DA's
office and not for the judges. The DA is supposed to work for all the people."