I, PUBLIUS PETITION MAKES VALUABLE POINT

Former Police Officer and Selectman John "Bootsy" Beckwith is circulating a
petition in support of District Attorney David F. Capeless. Capeless, of
course, is enforcing the law in what has come to be known as the Great
Barrington parking lot controversy.

A group of teens and a few post-teens were rounded up when an undercover
police officer allegedly bought drugs from several of the young people. A
mandatory sentencing law applies to anyone who is convicted of selling
drugs around schools, and virtually all of Great Barrington is covered
under the law. Some people think that the punishment is too severe and that
it will ruin lives.

Bootsy has a point, one that has been made in this column many times.
Everyone, regardless of color or ethnic group, should be treated equally
under the law. There is no reason why a black teen, for example, should go
to prison while a white middle-class kid receives a far lighter sentence.
Beckwith is right that those who allegedly engaged in the sale of drugs
ought to be treated equally. The Great Barrington parking lot is a much
better and happier place these days. Once the alleged criminal activity
ceased, so did a lot of the other disorderly behavior that went on there.
Mayor Rudolph Giuliani proved the point in New York City.

When he prosecuted minor crimes, the number of major crimes, up to and
including homicides, took a nose dive. The crime-challenged city of
Pittsfield ought to pay attention to this kind of approach. I am sure that
D.A. Capeless understands this, considering the rash of serious crimes
occurring in the very city where he has his office. Selling marijuana, as
wrong as that may be, is nothing compared with, let's say, murder.

In the meantime, one of the prosecutions coming from the parking lot
roundup led to a hung jury that some folks think was a case of jury
nullification concerning the mandatory sentencing law. State Rep. William
"Smitty" Pignatelli courageously announced that he would offer a bill
allowing judges some leeway in handing down sentences. After all, the
whole point here is that the D.A. is doing his job and the fault lies not
with him, but with the law and the Legislature that passed it.

In the meantime, it's a pleasure to see the increased police presence on
the streets of Great Barrington. It's about time. More cops on the beat
will deliver the message that this small town is unwilling to have
economy-generating tourists and town residents hassled.