PROSECUTOR UNDER FIRE IN DRUG CASE PROBATIONS

Richland Assistant's Recommendation Sent Wrong Message, Critics Say

A Richland County prosecutor is facing administrative sanctions for
recommending probation for three New Yorkers caught with 35 pounds of
high-powered marijuana, his boss said Friday.

In addition, assistant solicitor Alex Postic's decision sent a mixed
message about crime and punishment, and raised racial questions, said
J.T. McLawhorn, head of the Columbia Urban League.

Paul James Quarcini, 22, Christina L. Nablo, 23, and Frank Edward
Fiori, 26, pleaded guilty to possession of marijuana and were allowed
to serve two years of probation in their native state. They were
charged only last week. The defendants are white.

Fifth Circuit Solicitor Barney Giese said Postic mishandled the case,
but race had nothing to do with it.

"This office doesn't look at the race, creed or religion of the
people we prosecute . I stand on my record," Giese said.

"It was a wrong decision, bad judgment," Giese said of Postic's
handling of the case.

"I didn't like the way it was handled from lowering the charge to the
recommendation, and we're dealing with it," Giese said. "It's not
going to happen again."

On major cases, assistant prosecutors are supposed to get approval
from senior solicitors or Giese himself before going to court, Giese
said. "For some reason, that was not done in this case."

Postic still has his job, but Giese would not discuss what would
result from the internal review that is under way.

Postic has been a good prosecutor for about five years, leading a
team that handles cases that carry up to 10 years in prison, Giese
and Deputy Solicitor Johnny Gasser said.

McLawhorn called the light sentence "an affront to the justice system."

"It's mind-boggling," he said. "This sends the wrong message to the
whole community, to all the stakeholders who have worked diligently
to promote zero tolerance to drugs, and it doesn't help race
relations.

"We've never known of a situation where black folks got that treatment."