JUDGE WHO ASKS ABOUT DRUG SOURCE IS ASSAILED

BOWLING GREEN - Drug traffickers awaiting sentencing in Wood County Common
Pleas Court may feel the hot seat getting a little hotter if Judge Charles
Kurfess is behind the bench.

Much to the displeasure of the county prosecutor, Judge Kurfess has been
asking some drug defendants whether police or prosecutors asked them who
they bought their drugs from and, if so, whether they revealed their source.

"I'm not sure under what theory or why the judge is asking that question,"
said Prosecutor Alan Mayberry. "If the question is going to be asked, it
shouldn't be a function of the court. It should be someone in an
investigative area. I'm not sure what the rationale or underpinnings are of
this question."

Judge Kurfess insists he's not trying to play detective; he's simply
curious. And, he said, "It could affect my sentencing."

If police asked the person to name his or her source of drugs and the
defendant refused, it could mean a harsher sentence. If the defendant
answered the question, "I might take that into consideration," Judge Kurfess
said.

Fellow Common Pleas Judge Robert Pollex said judges use different ways to
ascertain how cooperative defendants have been before they sentence them.

"I don't as a routine practice ask that question," he said. "Defense counsel
tends to bring it up if the defendant has been cooperative."

Bowling Green Police Chief Tom Votava said that in some cases, detectives
interview suspects arrested on a drug offense not only to find out where
they bought their drugs but also to find out the extent of their knowledge
about the local drug trade. Police may then ask suspects to work under
cover, usually in exchange for a lighter sentence.

Other suspects, he said, ask for an attorney after they are arrested, and,
by law, police cannot ask them any questions, including where they got the
drugs.

Mr. Mayberry said court rules prohibit anyone on probation from making
undercover drug buys for police or otherwise working with investigators.

"In those instances there's no reason for police to ask those people who are
on probation to cooperate or name their sources because nothing can be
done," he said. "In that sense, it paints the police departments in an
unfair light because there's really nothing that can be accomplished by
asking that particular question."

Judge Kurfess doesn't buy that argument. He said the probation issue was
"totally unrelated to my imposing a sentence because the person is not on
probation until I put them there."

While Judge Kurfess does not ask the defendants to name the person they
bought drugs from, Mr. Mayberry and Chief Votava said it could cause real
problems if the defendant volunteered that information in open court. The
drug supplier's name would become part of the public record, and that could
jeopardize any investigation that may be under way involving that
individual, the chief said.

"That's the problem: Where does the thing lead and what does it accomplish?"
he asked.

Judge Kurfess, for his part, said he was surprised to hear about the
concerns.

"If my inquiry is causing police or the prosecutor a problem, they have no
reason not to come forward and ask me not to do this," the judge said. "If
they give me a good reason, I won't ask."