BIAS' UNINTENDED LEGACY

Basketball Star's Overdose Hijacked by War on Crack Cocaine

WASHINGTON -- Twenty years have passed since the cocaine-induced death
of basketball wizard Len Bias touched off a war against drugs. His
legacy, in the odd way that politics plays out, is harsher penalties
for crack cocaine, which is not quite the same drug that he used.

On June 19, 1986, two nights after the Boston Celtics selected him as
a first-round draft pick, he died of a cocaine overdose. He was 22.
Eight days later Don Rogers, a defensive player for the Cleveland
Browns, also died of a cocaine overdose.

But Bias' tragedy is the one most remembered. Bias appeared to be
destined for greatness. Many were comparing the 6-foot-8 University of
Maryland basketball star to another young prospect, Michael Jordan.

Grief was particularly pronounced in Boston, where Celtics fans hoped
Bias would team up with future Hall of Famer Larry Bird for a few
years and then take leadership of the franchise.

"All anybody in Boston is talking about is Len Bias," noted then-House
Speaker Tip O'Neill, a Massachusetts Democrat, according to "Smoke and
Mirrors, The War on Drugs and the Politics of Failure," by Dan Baum, a
former Wall Street Journal reporter.

In early July of that year, Speaker O'Neill ordered his party's
leadership to introduce anti-drug legislation. "They [Bostonians] want
blood. If we move fast enough we can get out in front of the White
House," said O'Neill.

That August, President Ronald Reagan and First Lady Nancy Reagan
issued a personal appeal on national television for a "crusade"
against illegal drugs.

Black leaders shared the outrage. Bill Cosby, voicing an indignation
that would years later make headlines, joined Rev. Jesse Jackson on a
Chicago stage to call for federal and citizen action. "For too long,
we've been blaming other people," said Cosby, according to the Chicago
Tribune. "In order to clean up the drug problem, we have to
re-evaluate who we are. We've got to take charge."

Among other measures, Jackson called for increased use of military
force along the nation's borders to fight the drug trade and broader
search-and-seizure freedoms for undercover narcotics police.

He got his wish, although not in the way he wanted it. A decade later
at the Million Man March in Washington, Jackson would decry the
sentencing discrepancy between powder and crack cocaine, the new
cheap, highly addictive form of cocaine, that resulted in black men
receiving long-term prison sentences at a much higher rate than whites.

It turned out that Bias had died from powder cocaine.

Curiously, the law and public outrage back then were targeted most
strongly against crack cocaine. The 1986 Anti-Drug Abuse Act contained
new mandatory minimum sentences, a death penalty provision for drug
"king pins" and no parole for even minor, first-time possession
offenses. Congress also established tougher sentences for crack
cocaine offenses. Five grams of crack carried a minimum five-year
federal prison sentence, while at least 500 grams of powder cocaine
was required for the same sentence.

This was justified, many believed, because crack was associated with
violent crimes and ruined lives in poor neighborhoods.

Yet, the United States Sentencing Commission, created by Congress in
1984 to develop fair federal sentencing guidelines, concluded that the
violence resulted from neighborhood conditions, not the drug, which
was not appreciably different from powder cocaine, either in its
chemical composition or the physical reactions of its users.

Although about two-thirds of crack users are white or Hispanic, the
commission found, more than 80 percent of those convicted in federal
courts of crack possession or trafficking in the mid-1990s were black.
The U.S. Supreme Court ruled last year that sentencing guidelines
should be advisory, not mandatory. Some judges have begun to depart
from the guidelines. In one recent example, U.S. District Judge
Gregory Presnell ruled, "Unless one assumes the penalties for powder
cocaine are vastly too low, then the far-higher penalties for crack
are at odds with the seriousness of the offense."

Now there's a thought: If you don't think crack sentencing is too
severe for first-time offenders, how about increasing the penalties
for powder cocaine? Or would that sweep up too many members of the
better-off classes to suit our lawmakers?

Just imagine, for a moment, the alarm that would be generated by
parades of, say, handcuffed pro athletes, fashion models, fraternity
boys and other charter members of the well-to-do silver coke spoon
set, all doing their perp walks in front of television cameras? If
that does not spur a renewed public demand for humane alternatives to
long prison sentences, nothing will.