The prosecution of various Indian store owners swept up by Operation Meth Merchant has run into some problems. For one thing, they’re having a hard time demonstrating intent on the part of the store owners:

… when a government informant told store clerks that he needed the cold medicine, matches and camping fuel to “finish up a cook,” some of them said they figured he must have meant something about barbecue.

In some cases, the language barriers seem obvious - one videotape shows cold medicine stacked next to a sign saying, “Cheek your change before you leave a counter.” Investigators footnoted court papers to explain that the clue the informants dropped most often - that they were doing “a cook” - is a “common term” meth makers use. Lawyers argue that if the courts could not be expected to understand what this meant, neither could immigrants with a limited grasp of English.

“This is not even slang language like ‘gonna,’ ‘wanna,’ ” said Malvika Patel, who spent three days in jail before being cleared this month. ” ‘Cook’ is very clear; it means food.” And in this context, she said, some of the items the government wants stores to monitor would not set off any alarms. “When I do barbecue, I have four families. I never have enough aluminum foil.” [NYT]

Honestly, even having grown up in the US and knowing something about drug culture, I don’t know whether I would have caught the word “Cook” as drug slang in this context. The deeper root of the problem here, however, is that it’s very hard to write an effective law that says that something is legal unless it’s meant to be used to nefarious purposes. Sudafed, matches, camping fuel are either legal or illegal. You shouldn’t foist the burden on a convenience store owner to figure out how such common items will be used.

Another problem was that the prosecutors kept mixing up the different (unrelated) Patels involved:

Prosecutors have had to drop charges against one defendant they misidentified, presuming that the Indian woman inside the store must be the same Indian woman whose name appeared on the registration for a van parked outside, and lawyers have gathered evidence arguing that another defendant is the wrong Patel.  [NYT]

Having been stereotyped by the prosecution, the store owners are hoping to use stereotypes in their defense. They’re deploying using the famous Peter Sellers’ legal defense:  Drugs? Ve don’t have drugs in India:

For the Indians, their lives largely limited to store and home, it is as if they have fallen through a looking glass into a world they were content to keep on the other side of the cash register.

“This is the first time I heard this - I don’t know how to pronounce - this meta-meta something,” said Hajira Ahmed, whose husband is in jail pending charges that he sold cold medicine and antifreeze at their convenience store on a winding road near the Tennessee border.

“We are from so much cleaner society where we are from in India,” he said. “We didn’t even know what drugs were.”

Ms. Patel says she has tried to shield herself from the ugly aspects of life here - she does not read newspapers because she wearies of all the crime. Maybe, she said, that was a mistake. “I think you need all this bad knowledge now if you want to live here.” [NYT]

Earlier posts on this subject: Operation Meth Merchant