VALLEY BATTLES ILLEGAL DRUGS

Authorities Expecting State, Federal Assistance

Shenandoah Valley law enforcement officials expect to get state and federal
assistance that will help combat the wave of methamphetamine traffic that
has flooded the region in recent years.

Commonwealth's attorneys believe a proposal before the General Assembly to
expand prosecutors' power to call investigative grand juries could tilt the
criminal battles against the illicit drug trade in their favor.

On the federal level, Rep. Frank R. Wolf, R-10th, announced the
availability of $250,000 in drug-fighting money for the Virginia State
Police to help local authorities stem the methamphetamine tide.

The grand jury measure was introduced as part of state Attorney General
Mark L. Earley's anti-crime package. The bill passed the House of Delegates
on a 67-28 vote Thursday and awaits Senate consideration.

It would grant local grand juries called by individual prosecutors the
power to investigate and compel testimony. That power is currently
possessed only by multijurisdictional grand juries that are each impaneled
by prosecutors from several localities.

An attorney representing defense lawyers called the change unnecessary
political gimmickry.

"The police are not going to say that they are unable to make cases," said
Marvin Miller, president of the Virginia College of Criminal Defense
Attorneys. "They've got so many cases now they can't prosecute them all. It
is just a gimmick to get more money for prosecutors and police."

State prosecutors have been lobbying for the change in special grand jury
law for some time, said Earley spokesman David Botkins. It would apply to
all crimes in the state but would be particularly effective for pursuing
drug cases, Botkins said.

"Tracking down drug gangs and traffickers is difficult enough as it is," he
said. "Then, you've got witnesses that are reluctant to testify. Hopefully,
they'll be more likely to come forward with vital information then they
have immunity and confidentiality."

The ability to summon local grand juries with broad probing power would
make it easier for prosecutors to gather evidence up the drug trafficking
hierarchy the way federal prosecutors do to nab high-level dealers.

Prosecutors in local cases would be able to amass more evidence for
stronger charges, said Paul Thomson, Winchester's commonwealth's attorney.

"The more you compel testimony, the more comes in that leads to substantial
evidence rather than relying on flimsy evidence," Thomson said.

The Constitution grants individuals the right to refuse testimony that
could incriminate them. However, federal grand juries and state panels that
cover more than one city or county can force people to testify in exchange
for immunity. With immunity, the witnesses' statements can't be used for a
criminal case against them.

A catalyst for Earley's proposal was the case of Kevin Shifflett, an
8-year-old Alexandria boy who was stabbed to death while playing in a
relative's yard. The suspect's relatives testified before a federal grand
jury but could not be compelled to do so before one in state court in
Alexandria.

The new law would have allowed the Alexandria commonwealth's attorney to
apply for a special grand jury that could have forced the testimony.

Multijurisdictional grand juries are used for cases that cross local
boundaries. Such juries have been used in methamphetamine cases in the
valley, but the panels often don't fulfill their potential because of
changing sheriffs or commonwealth's attorneys or because of disputes among
localities, Thomson said.

The federal Drug Enforcement Administration recently identified the
Shenandoah Valley as a major distribution center for methamphetamine in the
mid-Atlantic region. In 1999, the two regional drug task forces in the
northern Shenandoah Valley seized 99 percent of all the "speed" confiscated
in the state.

On Wednesday, federal prosecutors announced that a grand jury sitting in
Charlottesville indicted two suspected dealers on possession and
distribution charges based on the seizure of methamphetamine found at the
New Market home of one of the suspects. The 9-pound confiscation represents
the largest methamphetamine seizure in Virginia history, prosecutors said.

The federal case originated in Shenandoah County, one of the localities
within the purview of a state special grand jury that covers the northern
valley area.

"It took us an enormous effort" to bring it together, Thomson said. "We've
had two [special grand juries] that accomplished a great deal but
ultimately failed because of jurisdictional in-fighting."

With the power to compel testimony, prosecutors are able to use the
statements of lower-level drug dealers to bring charges against the
kingpins who are the sources of the illicit trade, Thomson said.

Defense attorneys believe the proposal would unnecessarily expand the power
of law enforcement, Miller said.

Local law enforcement officers already can work in cooperation with federal
police and prosecutors who tie together investigations from far-flung
states and try defendants in courts where they can get the longest
sentences, he said. There's no need for more special grand juries, he said,
calling the proposal election-year salesmanship.

The $250,000 announced by Wolf, whose congressional district includes the
northern Shenandoah Valley, was set aside in the final congressional
spending bill last month to help fight valley drug trafficking, according
to a news release from Wolf's office.

The money is part of $48.5 million allotted nationally for Community
Oriented Policing Services (COPS) program for methamphetamine "hot spots."
The money will be available to the state police, who will work with local
law enforcement agencies to combat the drug traffic, the release said.

A state police spokeswoman said the funds will be used in the valley and
other parts of the state that are identified as target areas.