HEROIN DEALERS BAG A 'BREAK'

The increased purity level of heroin is making it easier for drug dealers to
avoid heavy criminal penalties, says District Attorney Paul Walsh.

A person caught with 10 bags might walk out of court with a $100 fine and no
jail term, he noted.

"Often people with heroin convictions get off easier than those caught for
drunk driving," he said.

The purer and more powerful the supply, the smaller the dose required to
produce a high or rush. That allows dealers to package heroin in weights
that remain below mandatory sentencing guidelines, the district attorney
said.

Minimum mandatory sentencing guidelines dictate that a dealer must be caught
with 14 grams or more of heroin in order to be prosecuted for trafficking.

But one glassine bag of heroin contains as little as a 100th of a gram,
which means a dealer has to be caught with close to 1,400 bags before he or
she can be charged with trafficking.

That represents an extremely large amount of heroin.

"If you can stay under that radar screen, you can make oodles of money and
pretty much get away with it," Mr. Walsh says.

The minimum mandatory guidelines for cocaine trafficking also is 14 grams.
But unlike heroin, that amount of cocaine could theoretically be enough for
just one person, police said.

"You'd think it would be much easier to prove trafficking cases with heroin
than cocaine, but in reality it's the opposite," said New Bedford Police Lt.
Melvin Wotton. "Heroin is much tougher."

The minimum mandatory sentence for heroin trafficking is five to 20 years,
compared to three to 15 years for cocaine trafficking, he said.

The number of heroin trafficking cases handled by the Bristol County
District Attorney's Office rose from nine in 1996 to 12 in 1998, while
cocaine trafficking cases went from 68 to 78.

Mr. Walsh said the state's district attorneys have tried unsuccessfully in
the past to persuade the Legislature to lower the minimum mandatory
guidelines for heroin. He expects a similar effort again this year.