JUDGE ORDERS FUGITIVE BACK TO PRISON

But The Next Move Of Former RIT Student, In Canada Since 1971, Is Still In
Doubt

(Nov. 10, 1999) -- A convicted drug dealer who fled prison 28 years ago
must return from Canada to finish his sentence, a judge ruled yesterday.

Monroe County Court Judge John J. Connell denied Allen Harvie Richardson's
request to set aside a sentence of up to four years for selling $20 of LSD
at Rochester Institute of Technology.

The judge ordered Richardson (pictured), who lives in Vancouver, British
Columbia, to surrender on Dec. 16 in Rochester.

Richardson, who applied for refugee status in Canada after being ordered
from that country because he entered it illegally in 1971, had no comment.
He is to appear before Canadian immigration authorities on Nov. 26.

Lawyer Michael Kennedy of New York City, who told Connell two weeks ago
that Richardson would return voluntarily if the judge ruled against him,
couldn't be reached for comment.

Michael Bolton, who is Richardson's lawyer in Vancouver, said he wasn't
aware of Kennedy's pledge. Bolton added that he'll study the ruling before
deciding whether Richardson will honor Connell's order. "He'll be guided by
the advice of his counsel," Bolton said.

Richardson, who escaped after serving three months of his sentence, faces
up to three years, eight months and 26 days behind bars.

Richardson, 50, claimed his sentence was harsh, said he has rehabilitated
himself and begged Connell to reduce or dismiss the sentence so he can care
for his wife, Amalia, who has breast cancer.

Connell, however, said he lacks authority to consent to Richardson's
wishes. He also said Richardson must take responsibility for his actions
and not expect to be rewarded for escaping.

"The message that the defendant asks this court to send to the community
is: 'If you escape from prison and rehabilitate yourself over a period of
years, you can escape a lawfully imposed sentence,' " Connell wrote in a
seven-page decision.

"If this court grants the defendant's application, how then should courts
deal with future escapees? If you are captured within five years, your
sentence stands? If you are captured within 10 years but haven't completed
your education or secured a prestigious job, your sentence stands? If you
are captured within 20 years but you don't have the wherewithal
intellectually, financially or socially to attain respected social status,
your sentence stands?

"Evenhanded treatment and, therefore, respect for the law in such
circumstances would be diminished and increase the potential for obvious
injustices. Neither the courts nor the public could rely on the finality of
lawfully adjudicated criminal cases. In short, both the reality and the
perception of justice would gravely suffer."

District Attorney Howard R. Relin, whose office sought Richardson's return,
said Richardson caused his own problem by escaping from a prison work camp
in Madison County.

"Some people in the community seem to think this is like Les Miserables,
where we're unjustly pursuing this poor defendant," Relin said. "We're not
pursuing him. The sad fact is that had he stayed in prison for another six
or seven months, he probably would have been paroled."

Relin, however, said he'll recommend that Richardson be allowed to serve
the remainder of his sentence in a Canadian prison.

"We're not unmindful of the fact that he has made something of his life and
that his wife is sick," Relin said.

Where Richardson is imprisoned, however, is up to officials at the state
Department of Correctional Services, who wouldn't discuss whether a deal is
being proposed.

"The judge's decision is clear, concise and self-explanatory," said prison
spokesman Mike Houston. "This department has a legal obligation to assure
that those inmates assigned to our custody complete their court-mandated
sentences. We will fulfill our legal obligations."

Richardson, formerly known as Christopher Samuel Perlstein, sold seven hits
of LSD in 1970 to an undercover State Police officer at RIT, where he was a
photography student. A native of suburban New York City, he was a
self-described drug user and anti-war activist.

Convicted after a trial of felony drug sale, he was sentenced in 1971 to up
to four years. He spent six weeks in Attica Correctional Facility before
being transferred to Camp Georgetown.

Richardson was in the camp when Attica inmates set off a riot that claimed
43 lives. He ran away from a brush-cutting detail and escaped to Canada
after a correctional officer told him he was returning to Attica,
Richardson said.

Richardson is a technician at a physics research laboratory. But New York
prison authorities found him and sought his return after receiving a tip on
his whereabouts.

Richardson's struggle to stay in Canada has drawn support from friends and
co-workers who say he is a model citizen.