Drug Tunnel Discovered. 17 Tons Of Marijuana Seized

SAN DIEGO (AP) — 

An estimated 17 tons of marijuana were seized in the discovery of a cross-border tunnel that authorities said Wednesday was one of the most significant secret drug smuggling passages ever found on the U.S.-Mexico border.

The tunnel discovered Tuesday stretched about 400 yards (400 meters) and linked warehouses in San Diego and Tijuana, authorities said.

U.S. authorities seized about nine tons of marijuana inside a truck and at the warehouse in San Diego's Otay Mesa area, said Derek Benner, U.S. Immigration and Customs Enforcement special agent in charge of investigations in San Diego. Mexican authorities recovered about eight tons south of the border.

Authorities spoke at a news conference near packages of seized dope festooned with labels of Captain America, Sprite and Bud Light. The markings are codes to identify the owners.

Photos taken by Mexican authorities show an entry blocked by bundles that were likely stuffed with marijuana, said Paul Beeson, chief of the Border Patrol's San Diego sector. Tunnel walls were lined with wood supports. The passage was equipped with lighting and ventilation systems.

The tunnel was about four feet high and three feet wide. It dropped about 20 feet on the U.S. side.

Two men allegedly seen leaving the warehouse in a truck packed with about three tons of pot were pulled over Tuesday on a highway in suburban La Mesa and arrested. A California Highway Patrol officer was overwhelmed by the smell, according to a federal complaint.

Cesar Beltran and Ruben Gomez each face a maximum penalty of life in prison if convicted of conspiracy to distribute marijuana, said Alana Robinson, chief of the U.S. attorney's narcotics enforcement section in San Diego. They were scheduled to be arraigned Thursday.

Cross-border tunnels have proliferated in recent years, but the latest find is one of the more significant, based on the amount of drugs seized.

Raids last November on two tunnels linking San Diego and Tijuana netted a combined 50 tons of marijuana on both sides of the border, two of the largest pot busts in U.S. history. Those secret passages were lined with rail tracks, lighting and ventilation.

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As U.S. authorities tighten their noose on land, tunnels have emerged as a major tack to smuggle marijuana. Smugglers also use single-engine wooden boats to ferry bales of marijuana up the Pacific Coast and pilot low-flying aircraft that look like motorized hang gliders to make lightning-quick drops across the border.

More than 70 tunnels have been found on the border since October 2008, surpassing the number of discoveries in the previous six years. Many are clustered around San Diego, California's Imperial Valley and Nogales, Ariz.

California is popular because its clay-like soil is easy to dig with shovels. In Nogales, smugglers tap into vast underground drainage canals. Authorities said they found a drug tunnel Tuesday in Nogales, running from a drain in Mexico to a rented house on the U.S. side.

San Diego's Otay Mesa area has the added draw that there are plenty of warehouses on both sides of the border to conceal trucks getting loaded with drugs. Its streets hum with semitrailers by day and fall silent on nights and weekends.

After last November's twin finds, U.S. authorities launched a campaign to alert Otay Mesa warehouse landlords to warning signs. Landlords were told to look for construction equipment, piles of dirt, sounds of jackhammers and the scent of unburned marijuana.

U.S. authorities linked the November finds to Mexico's Sinaloa cartel, headed by that country's most-wanted drug lord, Joaquin "El Chapo" Guzman. The cartel has expanded its sphere of influence to Tijuana in recent years.

U.S. authorities said the sophistication of the latest tunnel suggests that a major Mexican drug cartel was involved, but no link has been established.

[Must Read] PETA Suing Sea World For Slavery

SAN DIEGO (AP) — A federal court is being asked to grant constitutional rights to five killer whales who perform at marine parks — an unprecedented and perhaps quixotic legal action that is nonetheless likely to stoke an ongoing, intense debate at America's law schools over expansion of animal rights.

People for the Ethical Treatment of Animals is accusing the SeaWorld parks of keeping five star-performer whales in conditions that violate the 13th Amendment ban on slavery. SeaWorld depicted the suit as baseless.

The chances of the suit succeeding are slim, according to legal experts not involved in the case; any judge who hews to the original intent of the authors of the amendment is unlikely to find that they wanted to protect animals. But PETA relishes engaging in the court of public opinion, as evidenced by its provocative anti-fur and pro-vegan campaigns.

The suit, which PETA says it will file Wednesday in U.S. District Court in San Diego, hinges on the fact that the 13th Amendment, while prohibiting slavery and involuntary servitude, does not specify that only humans can be victims.

Jeff Kerr, PETA's general counsel, says his five-member legal team — which spent 18 months preparing the case — believes it's the first federal court suit seeking constitutional rights for members of an animal species.

The plaintiffs are the five orcas, Tilikum and Katina based at SeaWorld in Orlando, Fla., and Corky, Kasatka and Ulises at SeaWorld San Diego. Tilikum, a six-ton male, made national news in February 2010 when he grabbed a trainer at the close of a performance and dragged her underwater until she drowned.

Captured nearly 30 years ago off Iceland, Tilikum has enormous value as a stud and has fathered many of the calves born at SeaWorld parks.

The lawsuit asks the court to order the orcas released to the custody of a legal guardian who would find a "suitable habitat" for them.

"By any definition, these orcas are slaves — kidnapped from their homes, kept confined, denied everything that's natural to them and forced to perform tricks for SeaWorld's profit," said Kerr. "The males have their sperm collected, the females are artificially inseminated and forced to bear young which are sometimes shipped away."

SeaWorld, which is owned by private equity firm Blackstone Group LP, said any effort to extend the 13th Amendment's protections beyond humans "is baseless and in many ways offensive."

"SeaWorld is among the world's most respected zoological institutions," the company said. "There is no higher priority than the welfare of the animals entrusted to our care and no facility sets higher standards in husbandry, veterinary care and enrichment."

The statement outlined the many laws and regulations SeaWorld is obliged to follow, touted the company's global efforts to promote conservation of marine mammals, and said the orcas' performances help give the public a better appreciation and understanding of these animals.

SeaWorld and other U.S. marine parks are governed by the Marine Mammals Protection Act, which allows public displays of the creatures if permits are obtained and the facility offers and education/conservation programs for the public.

Overall, under prevailing U.S. legal doctrine, animals under human control are considered property, not entities with legal standing of their own. They are afforded some protections through animal-cruelty laws, endangered-species regulations and the federal Animal Welfare Act, but are not endowed with a distinct set of rights.

However, the field of animal law has evolved steadily, with courses taught at scores of law schools. Many prominent lawyers and academics have joined in serious discussion about expanding animal rights.

Rutgers University law professor Gary Francione, for example, contends that animals deserve the fundamental right to not be treated as property. Law professor David Favre of Michigan State University has proposed a new legal category called "living property" as a step toward providing rights for some animals.

Favre was skeptical that litigation seeking to apply the 13th Amendment to animals would prevail.

"The court will most likely not even get to the merits of the case, and find that the plaintiffs do not have standing to file the lawsuit at all," he said by email. "I also think a court would not be predisposed to open up that box with fully unknown consequences."

Harvard law professor Laurence Tribe, who in past writings has proposed extending legal standing to chimpanzees, also expressed doubt that the courts were ready to apply the 13th Amendment to animals. But he welcomed the PETA lawsuit as a potentially valuable catalyst for "national reflection and deliberation" about humans' treatment of animals.

"People may well look back at this lawsuit and see in it a perceptive glimpse into a future of greater compassion for species other than our own," Tribe wrote in an email.

Tribe noted that some Americans might find it bizarre or insulting to equate any treatment of animals to the sufferings of human slavery. But he argued that the 13th Amendment was written broadly, to address unforeseen circumstances, and could legitimately be applied to animals.

An African-American constitutional expert, Nicholas Johnson of Fordham University School of Law, said he could understand why some blacks might be insulted by the lawsuit, but didn't share that reaction: "I'm more entertained by it in the legal context than I am offended by it."

PETA addressed this issue in the suit, noting that repeated Supreme Court rulings have applied the 13th Amendment to many forms of involuntary servitude beyond the type of slavery that existed during the Civil War.

"The historical context is undeniable," said Jeff Kerr, the PETA lawyer. "But that's not what this case is about. It's about the orcas in their own right, not whether they are or aren't similar to humans."

The five orcas are represented in the case by PETA and four individuals: Ric O'Barry, a longtime orca and dolphin trainer; Ingrid Visser, a New Zealand marine biologist who has studied orcas extensively; Howard Garrett, founder of the Orca Network, an advocacy group in Washington State; and Samantha Berg, a former orca trainer at SeaWorld Orlando.

The lawsuit details the distinctive traits of orcas, the largest species within the dolphin family, including their sophisticated problem-solving and communicative abilities and their formation of complex communities.

The suit alleges that captivity in the "barren tanks" of a marine park suppresses the orcas' abilities and relationships, and subjects them to stress. This sometimes leads to instances where the orcas injure themselves, other orcas or humans that interact with them, according to the suit.

Naomi Rose, the Humane Society's marine mammal biologist, said there's a growing body of research suggesting that whales, dolphins and porpoises have the cognitive sophistication of 3-to-4-year-old human children.

As for the orcas at SeaWorld, she said, "They don't seem to adapt to captivity. I would say they're miserable."

At SeaWorld San Diego, visitors are shown a film touting the park's rescue efforts that have saved thousands of sea creatures. During the main performance, trainers point out how much the orcas are similar to humans: The babies cry before moving on to babbling and finally imitating the crackling sounds of the adults' voices.

Jenny Raymond, 47, who was visiting from Switzerland, said she was delighted by the show and does not buy the argument that the orcas are slave laborers.

"I think they are in better conditions here than in the wild," she said.

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Crary reported from New York City.