A judge yesterday ordered two Boston men charged with marijuana possession
to watch "Midnight Express," a 1978 film about a drug smuggler brutalized
in a Turkish prison, and write a three-page report.

Westborough District Court Judge John S. McCann told Lars Knakkergaard, 31,
and Michael McNeese, 35, both of Boston's Jamaica Plain section, to submit
their reports to the probation department by Sept. 14.

The two were arrested Jan. 22 on Rte. 9 in Northborough with a marijuana
baggie, pipe, rolling papers and a pair of forceps in their car, State
Police said. Their case has been continued while they watch the movie.

The court order is part of a growing trend among Massachusetts judges
called "Restorative Justice" in which they look for creative ways to
educate defendants about the pitfalls of crime. Movies, book reports and
essays provide the alternative to incarceration.

One of the leading advocates of the movement is Orange District Court Judge
Thomas Merrigan.

"You do whatever you have to do to get the message across," said
Westborough Police Lt. Alan Gordon. "Judge McCann has done that before. And
I've heard of other judges having defendants watch movies and write book
reports."

McCann was in an administrative meeting yesterday afternoon and unavailable
for comment.

Other judges and defense lawyers said creative probation and sentencing can
be a means of teaching defendants a lesson they might not learn in jail.

"The idea is to prevent recidivism," Marlborough District Court Judge
Robert Belmonte said. "Any time you can instill in an individual certain
values that will keep them from breaking the law, that is valuable. It
saves the state money."

Belmonte said there are three factors a judge must consider in sentencing
- -- punishment, retribution and education. With teens charged with drawing
graffiti, Belmonte has often had them write essays about how that crime can
affect a community.

"It's surprising the result I've gotten," Belmonte said. " Sometimes,
students have done a lot of research and have indicated they have learned a
very valuable lesson."

For some lesser crimes, creative sentencing allows defendants to remain
employed and be productive members of society, Franklin defense attorney
Joseph Cataldo said.

"I think, in general, it is good that judges do get creative with probation
and allow them to work rather than put them in the house of correction for
90 days," Cataldo said. "If not, then he's unemployed and when he gets out
he might turn to crime."

Cataldo cited efforts by Wrentham District Court Judge Daniel Winslow to
cut down on drunken driving offenses by ordering defendants charged with
alcohol-related crimes to place an ignition lock in their cars.

The lock, Cataldo said, acts as a portable Breathalyzer. For the car to
start, the driver must blow into the device and receive a negative reading
for alcohol in their system.

Thirty-seven states use the device in the court system.

Judges can also go too far, Cataldo warned. He cited another Winslow
initiative in which the judge has ordered some defendants with severe
alcohol abuse problems to take a substance that will make them sick to
their stomach if they drink alcohol.

"That's very wild," Cataldo said. "I'm someone who would oppose that."

Winslow could not be reached for comment yesterday.

That initiative is used in a number of states, including Colorado.

In the case of the two men ordered yesterday to watch "Midnight Express,"
McNeese and Knakkergaard were stopped on Rte. 9 when a state trooper
noticed their 1994 Isuzu Trooper had a defective headlight.

Knakkergaard told the trooper he had a metal marijuana pipe in his front
pocket and a wooden "dugout" in his backpack, court records show. McNeese,
the driver, said he had "a couple of beers over the night," court records
show.

McNeese passed several field sobriety tests, but prompted a search of the
vehicle when he said there was marijuana in the back seat.

Asked why his eyes were bloodshot and glassy, McNeese told the trooper " he
was allergic to the cigarette smoke from the bar they had left," court
records show.

Both men were charged with illegal possession of marijuana. Their cases are
still pending.

They did not answer calls to their homes seeking comment.

"Midnight Express," the movie they must watch, stars Brad Davis, Randy
Quaid and John Hurt.

Davis plays young American Billy Hayes, who faces physical and emotional
brutalization in a Turkish prison after being caught smuggling hashish. The
film was directed by Alan Parker.

Oliver Stone won an Oscar for the movie's script.