DA'S DECISIONS DON'T ADD UP

To the Editor of THE EAGLE:

Is anyone else stymied by the new math coming out of Berkshire District
Attorney David Capeless' office? Here's the first equation: a 19-year-old
Pittsfield man, plus a guilty plea for possession of cocaine with intent to
distribute, plus possession of marijuana with intent to distribute, plus
possession of hash (all within a school zone), plus breaking and entering
with the intent to commit a felony, plus operating an uninsured motor
vehicle, equals three years' probation. The second equation? An 18-year-old
man from Great Barrington, plus a charge of possession of marijuana with
intent to distribute in a school zone, equals two years in prison.

The numbers get even fuzzier when you consider the following facts. The
19-year-old Pittsfield man was also charged with single counts of
possession of a firearm without a firearm identification card, possession
of a firearm during the commission of a felony, unlawful possession of a
large-capacity weapon, possession of a large-capacity weapon during the
commission of a felony, two counts of a drug violation within a drug-free
school zone and one count of operating an unregistered motor vehicle (a
repeat offense). Stay-the-course Capeless dropped all of these charges,
however, including the "mandatory" school zone charge. The 18-year-old from
Great Barrington? Capeless intends to prosecute this first-time offender to
the fullest extent of the law. I keep going over the numbers but, somehow,
they just don't add up.

Robin Getzen

Lenox