Lagging Prosecution

OXYCONTIN ARRESTS MUST BE TAKEN SERIOUSLY IN ALL COUNTIES

Illegally dealing and abusing OxyContin isn't as easy as it was a few
months ago.

Various police agencies rounded up more than 200 people last February in a
sweeping attempt to shut down the black market for the prescription painkiller.

But prosecution of the cases has not been nearly so uniform.

Herald-Leader reporter Bill Estep found wide inconsistencies in how
defendants are prosecuted.

The federal court handled cases swiftly, and nearly all of the defendants
have already been sentenced. Most wound up in prison, halfway houses or in
home detention.

In state courts, prosecution varies widely from county to county.

In Estill County only a handful of 33 cases has been prosecuted so far.

In Clay County, charges have been dismissed against almost half of the
defendants, some for lack of prosecution. This is the same county where one
of every three drunken-driving cases was dismissed or amended down,
according to a 2000 survey by the Herald-Leader of three years worth of
records.

Discrepancies in prosecution can breed cynicism about the criminal justice
system and disrespect for the law.

It also undermines efforts by health officials and community organizations
to stem illegal drug use and the crimes associated with it, such as theft,
burglary and fraud.

The federal courts have some advantages in dealing with criminal cases,
including firm deadlines and strong sentencing guidelines.

State courts, in general, are chronically short-handed, but that means
better coordination between police and prosecutors is even more crucial.
Prosecutors, jurors and judges must recognize that prescription drug abuse
can't be treated casually.