PORTSMOUTH POLICE UNION DECRIES JUDGE'S ``SLAP IN FACE''

(Portsmouth)- The head of the city's police union on Monday criticized
Circuit Judge James A. Cales Jr. for dismissing charges against
small-time drug users, saying the judge flouted laws passed by the
legislature.

Sgt. Garrett Shelton, head of Portsmouth's Fraternal Order of Police,
also said Cales' harsh words about Portsmouth's drug enforcement
efforts were a ``slap in the face'' to police.

On Aug. 13, Cales dismissed several drug cases involving minute
amounts of cocaine or heroin. The judge said from the bench that
virtually nothing has been done to make a dent in Portsmouth's drug
flow, and added that he didn't know if the reason was ``laziness,''
``ignorance'' or ``any number of other reasons.''

Shelton said Cales' comments were ``a disservice to the actions of
loyal and brave police officers who serve the citizens of Portsmouth
honorably.''

In his remarks, Cales said he did not ``understand the philosophy'' of
police and prosecutors who target ``junkies'' instead of making
inroads into the operations of drug dealers in Portsmouth. Asked for
comment, Cales said he would let his remarks in court speak for themselves.

A spokeswoman for the Portsmouth Police Department said last week that
police will continue to operate as usual, despite the judge's remarks.
Commonwealth's Attorney Martin Bullock has not responded.

The city FOP leader, however, is speaking out.

``Apparently a sitting Circuit judge has said it is OK to openly
possess and distribute dangerous drugs as long as the amounts are
small,'' said Shelton. ``The General Assembly has not decriminalized
possession or distribution of drugs by defining minimum amounts, and
it is the court's obligation to uphold the law, not to rewrite it by
judicial commentary.''

The drug cases before the court on Aug. 13 involved defendants
arrested during an undercover drug sting called ``Operation
Shutdown.'' Of the 15 cases in court on Aug. 13, 13 were dismissed.
Two defendants were convicted.

The undercover operation, which began in September, led to the arrests
and indictments of nearly 50 people in Portsmouth.

The case of Nathaniel Arthur Gray, 50, of Portsmouth, was one of those
Cales heard.

According to court records, Gray passed to an undercover agent 0.10
gram of cocaine from a dealer. He was charged with selling cocaine and
conspiracy to sell cocaine on Jan. 19. Cales dismissed the case.

``We've got people getting rich on drugs in this city,'' the judge
said, ``and here is Nathaniel Gray, who is probably still a junkie . .
. you've got people making money on drugs and I keep on getting these
cases in here that are just a total nothing.''

Other drug cases before the court also involved small amounts of
cocaine or heroin, some weighing fractions of a gram. A gram is
roughly the weight of a paper clip. Cales also dismissed those cases.

Shelton argued that law-abiding residents want police to get the
so-called ``junkies'' off the streets.

``It is the citizens of the city of Portsmouth who must deal with the
open possession and distribution of narcotics -- however small an
amount -- on the street corners of their neighborhoods,'' Shelton said.
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Reach John Hopkins at 446-2793 or at JHopkins@pilotonline.com