EXCESSIVE, OUT OF PROPORTION

To the Editor of THE EAGLE:- We are writing this letter to add medical
information to the argument opposing District Attorney David Capeless'
prosecution of the Great Barrington youths who were arrested with marijuana.

Breaking the law should have legal consequences, but let the severity of
the punishment fit the seriousness of the crime and be individually
determined by a judge. Mr. Capeless believes that he is acting in the
interests of public health and safety. We question whether the public's
health and safety are being protected by the mandatory incarceration of
non-violent adolescents for first-time offenses involving marijuana.

In terms of the true statistical danger to public health, more than 450,000
Americans die every year from cigarette-related health problems including
lung and other cancers, heart disease, emphysema, and stroke. Alcohol
overuse causes 100,000 direct deaths yearly. This does not include fatal
car accidents, which are common and rarely prosecuted harshly: young
drivers implicated in fatal DUIs usually receive probation, and two-year
prison sentences are almost unheard of. This is for a fatal drug-related
offense. By contrast, no one was killed or directly harmed by the events
surrounding the youths who are facing mandatory jail time.

By insisting on applying the school zone law to this case, Mr. Capeless is
forcing the court to mandate a two-year prison sentence. From the point of
view of public health and safety, it is excessive and out of proportion to
pursue such punishment for offenses involving this drug. It is almost
certain that the adolescents involved will be forever damaged by two-year
prison stays occurring in their formative years.

SUSAN THOMPSON, M.D.

ALICA SKARIMBAS, M.D.

ANDREW POTLER, D.O. Great Barrington, Aug. 26, 2005

The letter was also signed by Jeff Title and M.D.s Dennis Tresp, Bryce
Nayowith, Daniel Patel, Eric Bush and Susan Johnson.