DRUG-CASE PROTESTS TO BEGIN

Border Counties To End Federal Prosecutions

AUSTIN - Accusing the U.S. Justice Department of "paying lip service"
to the war on drugs, four state senators announced Wednesday that
authorities in Texas border counties will stop prosecuting federal
drug cases July 1.

The lawmakers said taxpayers in the border counties - among the
poorest in the nation - can no longer afford the cost of prosecuting
hundreds of drug cases made by federal agents along the border with
Mexico.

Some of these "smaller" drug cases involve as much as 250 pounds of
marijuana, the senators said.

"For years, border counties, the poorest in the U.S., have borne the
burden of border justice," said state Sen. Eliot Shapleigh, D-El Paso.

"We can no longer bear this burden. The federal government must
prosecute and pay for what it is charged to do."

Justice Department officials in Washington referred inquiries to the
U.S. attorney's office in Phoenix, which could not be reached for comment.

Sen. David Sibley, R-Waco, accused the Justice Department of "paying
lip service" to its commitment to "zero tolerance" by declining to
prosecute cases involving "lesser amounts" of drugs.

"'Zero tolerance' does not mean declining to prosecute the possession
of 50 pounds to 250 pounds of marijuana or a pound of cocaine," he
told reporters.

The lawmakers displayed for reporters 109 pounds of individually
wrapped packets of marijuana - an amount they said federal authorities
don't think is worthy of prosecution in federal courts.

Mr. Sibley said that some drug dealers, aware that federal prosecutors
don't want to handle cases involving smaller amounts,

are "breaking down" their loads of marijuana being shipped into Texas.
They know if they are caught, "It's get out of jail free," he said of
the federal policy.

Mr. Sibley said that policy is punishing border residents and putting
a heavy strain on the state's already overcrowded prisons.

"Our border counties are bearing the cost of incarcerating and
prosecuting federal criminals, while taxpayers statewide are paying
for prison beds for those successfully convicted," he said.

Joining in the boycott of federally referred cases originating from
stops at border checkpoints and U.S. ports of entry beginning July 1
are El Paso, Hudspeth, Cameron, Hidalgo and Star counties.

Prosecutors in Webb and Zapata counties already refuse such
cases.

Norma Estimbo Lacy, a spokeswoman for the U.S. attorney's office in
Houston, said the U.S. attorney's office moved more staff members to
Laredo. She said her office probably will move more people to
Brownsville and McAllen to compensate for more refusals.

El Paso County District Attorney Jamie Esparza, who joined the
lawmakers at the news conference, said the more than 500 federally
referred drug cases prosecuted in El Paso alone each year cost the
county more than $8 million.

Mr. Esparza, who serves as head of the Southwest Border Prosecutors,
representing prosecutors from Brownsville to San Diego, Calif., said
he has tried unsuccessfully for three years to persuade U.S. Attorney
General Janet Reno and the Justice Department to reimburse the
counties for prosecuting the federal cases.

"I'm now three years at it, and still no relief," he
said.

He said federal authorities have told him they fear that if they give
special help to the Texas counties, they will have to do it for the
rest of the country.

Mr. Esparza dismissed that argument. He said Texas is unique because
of its border with Mexico - one of the largest entry points for
illicit drugs.

Gov. George W. Bush, meanwhile, said Wednesday that if elected
president, he will propose a $50 million initiative to help border
communities prosecute drug crimes.

Mr. Bush, the probable Republican nominee, said the Southwest border
is the front line in the battle against the international drug trade,
and the federal government "must step up and do its part" in
prosecuting drug dealers.

His likely Democratic opponent, Vice President Al Gore, has defended
the Clinton Administration's drug fighting efforts. He said the number
of border patrol agents has more than doubled, and billions more in
federal money has been committed to the battle during the
administration's watch.