GREAT BARRINGTON SCHOOL-ZONE DRUG TRIAL STARTS OVER

PITTSFIELD -- For the second time this summer, prosecutors Tuesday began to
lay out their case against an 18-year-old man snared in a controversial
drug sting in Great Barrington.

Kyle W. Sawin of Otis faces three counts each of distribution of marijuana
and committing a drug violation in a drug-free school zone in connection
with sales he allegedly made to an undercover officer in the parking lot of
the former Taconic Lumber store last summer.

A mistrial was declared in July after a Berkshire Superior Court jury
failed to reach a unanimous verdict in the case. If convicted of the school
zone offenses, Sawin faces a mandatory minimum 2-year jail sentence.

In his opening statement, Assistant District Attorney Richard M. Locke said
Sawin sold marijuana to undercover Berkshire County Drug Task Force member
Felix Aguirre, three times during the four-month investigation that
eventually netted 18 arrests.

Authorities said Sawin's sales, which allegedly occurred on June 30, 2004,
July 6, 2004, and Sept. 3, 2004, took place in the vicinity of the lot,
which is within 1,000 feet of both the Great Barrington Cooperative
Preschool and the Searles/Bryant middle school.

Sawin's attorney, Judith Knight contends that her client, who admitted to
being a marijuana user, was the victim of entrapment targeted by a "wolf in
sheep's clothing."

"Kyle would no sooner pull into the parking lot than Felix Aguirre would be
in his face (asking Sawin to sell him drugs)," Knight said to the
eight-woman, six-man jury. "And finally Felix Aguirre broke him down."

Locke said the evidence presented in his case would prove that no
arm-twisting took place.

"There was no yelling, or screaming, or threats to this young man," the
prosecutor said. "He sold marijuana to the police officer freely, willingly
and voluntarily."

Authorities began their sting amid complaints from local residents of drug
activity taking place in the lot, which had long been a hangout for teens
and young adults, Locke said.

Seven of the defendants nabbed in the undercover operation -- including
Sawin -- had no previous record and were accused of selling small
quantities of marijuana.

In the wake of the Taconic probe, a grassroots group, Concerned Citizens
for Appropriate Justice, formed and sought to persuade District Attorney
David F. Capeless to drop the school-zone charges against the marijuana
defendants.

Capeless refused, stating that it had been his office's policy to uniformly
pursue school-zone violations in any case where they apply.

Two of the other defendants facing marijuana charges, John Rybacki and
Justin Cronin, testified against Sawin during his first trial in July.

Both men are slated to testify against Sawin in this second trial, as is a
third man facing marijuana charges from the sting, Christopher Gennari,
attorneys said Tuesday.

This second trial is scheduled to resume in Judge John A. Agostini's court
today with the testimony of Great Barrington Police Officer Paul Storti,
who began his direct examination today.