CHIEF WARY OF CRACK RELEASES

30 'Violent Offenders' May Return to Wheeling

WHEELING -- A decision that could result in the release of thousands of
convicted crack cocaine dealers has Kevin Gessler and members of the
Association of Chiefs of Police seeking the aid of U.S. Attorney
Michael B. Mukasey.

Ohio County Sheriff Tom Burgoyne, however, said the decision may
result in more equitable sentences for drug convictions.

Wheeling police Chief Gessler said Thursday at least three convicted
crack dealers from Wheeling have been released. He believes they
already may be returning to the area as a result of a decision by the
U.S. Sentencing Commission.

The recent decision lessens the severity of sentencing guidelines for
individuals convicted of crack cocaine offenses. The sentencing
commission estimates the decision could lead to the resentencing of as
many as 20,000 crack cocaine dealers. Gessler said as many as "30
violent offenders" convicted of dealing crack could return to Wheeling
by April.

Gessler said, until now, dealers of crack cocaine were sentenced more
harshly than those convicted of selling powder cocaine. The chief said
those convicted of selling crack cocaine should suffer a stiffer
penalty because crack cocaine is more dangerous and more addictive
than powder cocaine.

According to Gessler, the commission's decision is such a concern the
IACP is asking Mukasey to do anything he can to have the decision
reversed, or at least put on hold. He said he hopes the attorney
general will address the matter with the sentencing commission and
members of Congress.

"The most important word (in the decision) is 'retroactive,"'
Gessler said. "They were sentenced under the law at the time, and
they are going to be released. We are just opening the doors of the
prisons. We need it to be stopped now."

Burgoyne on Thursday had a more optimistic view of the sentencing
commission's decision.

According to the sheriff, convicted crack cocaine dealers should not
face stiffer penalties than dealers of powder cocaine. He also does
not fear Ohio County being overrun by released drug dealers.

"A drug dealer is a drug dealer as far as I'm concerned," Burgoyne
said. "Heroin, crack, cocaine -- it all should be the same as far as
I'm concerned. ... They are going to be releasing guys who probably
served more time they should have.

"There may be more than in recent years," the sheriff added about
the decision resulting in more drug dealers locating in Ohio County.
"They always come back home. We are notified when a drug dealer is
released."

Burgoyne said, from a legal standpoint, the decision is "the right
thing to do." He said some convicted dealers can be rehabilitated,
and they will be released with conditions of parole.