COURTS BLEND JUSTICE, MERCY

Two drug-related news stories in Tuesday's Daily Star illustrated that to
temper justice with mercy is a good idea as long as that "temper" doesn't
get out of hand.

That it didn't in Delaware County is to the immense credit of Judge Robert
Estes, who just became a hero to me.

A 26-year-old woman from Oneonta had gotten busted for selling cocaine to a
police informant at a Quickway in Davenport.

The woman, Melody L. Johnson, had a partner in the crime -- one Clarence W.
Vanier, 31, also from Oneonta. Apparently District Attorney Richard Northrup
wanted to see Vanier in prison more than he did Johnson, so he cut a deal.

With Johnson assisting in the prosecution, Northrup got Vanier to plead
guilty to three felony charges of third-degree criminal sale of a controlled
substance. Vanier was sentenced to three concurrent terms of three-to-nine
years in prison.

All well and good, except that Northrup went way too easy on Johnson, who
was looking at six felony counts. Under a plea-bargain, she would get off
with lifetime probation and no jail time.

That's when Judge Estes said, in effect, wait a minute.

He noted that Johnson was involved with the drug sale, including counting
the ill-gotten loot, had refused to cooperate with the probation department,
and misrepresented information about her employment status.

Johnson was with Vanier when the cocaine was sold and her 6-year-old
daughter was with them at the time of the arrest.

Nothing like setting a good example for a kid.

Northrup argued for leniency in that Johnson is pregnant and added that this
was her first offense.

So, here's a pregnant woman exposing her 6-year-old to drug dealing, and
society is supposed to be sympathetic?

Well sorry, but isn't that like someone killing his parents and then
pleading for leniency because he's an orphan?

Estes rejected the initial plea bargain, so Northrup agreed to a
one-to-three-year sentence for Johnson, who wound up pleading guilty to one
felony count of third-degree criminal sale of a controlled substance.

It makes us angry that scum who sell drugs in our neighborhoods aren't
always put away for a long, long time. But in this case, Estes did the right
thing, and it's nice to know there's at least one judge who's looking out
for the public's well-being and not rubber stamping every plea bargain.

The other news story in Tuesday's paper focused on an Otsego County program
designed to rehabilitate non-violent people with drug and alcohol problems.

It just began last month, and it combines treatment programs, drug testing
and employment training as an alternative to jail time.

The Otsego program takes a crack (no pun intended, but what the heck) at the
recidivism rate among local drug and alcohol abusers.

"If you look at statistics, it's clear what we've been doing in the past
hasn't worked," District Attorney Jack Gibbons said in March. "People get
arrested. They go to jail. They get out of jail, and all too often, they're
arrested again."

The new "drug court" program tries to help with transportation needs and
child care and will keep close tabs on the participants. In order to
graduate out of the program, defendants must be alcohol- and drug-free for
at least eight months and agree to be monitored for a year after that.

Justice tempered with mercy. It makes a lot of sense. There's a difference
between a drug user and a drug seller. One is perhaps to be pitied, while
the other is to be scorned ... and punished.

In both Delaware and Otsego counties, they seem to know the difference.