JUSTICE, NOT POLITICS

To the Editor of THE EAGLE:

It is unfortunate that so much of the debate regarding the Great Barrington
"sting" operation is being framed in terms of red herrings such as previous
convictions and social class when the real issues are simple: justice and
prosecutorial discretion. That youthful first-time non violent minor
offenders have been sentenced mandatory two year sentences is in itself
unjust and in no way a rationale to subject others to the same treatment.
It would be just as logical to argue that because racial discrimination was
accepted in previous generations, it is justified now.

The law is unjust and should be changed. In the meantime, the district
attorney should use the discretion available to him in the pursuit of
fairness and justice, not political points. Let the judges and juries,
whose job it is to make the determination of punishment, carry out their
duties. It is also disingenuous of Mr. Capeless or his defenders to suggest
that he is merely applying the law in an even-handed fashion. We have only
to look at his handling of a plea bargain of the following charges in a
recent case as reported in the May 14 Berkshire Eagle: Possession of
cocaine with the intent to distribute, possession of marijuana with the
intent to distribute, possession of hashish, breaking and entering in the
daytime with the intent to commit a felony: Sentence; three years
probation: Possession of a firearm without a firearm identification card,
possession of a firearm during the commission of a felony, possession of a
large-capacity weapon during the commission of a felony, two counts of a
drug violation within a drug-free school zone: Sentence; charges dismissed
at the commonwealth's request.

I am not questioning that there may have been valid reasons for this course
of action, rather that the discretion is there to be used. I am questioning
the hypocrisy of contending that this same discretion has no place in the
case of 17-year-old first-time nonviolent offenders.

Is it possible that the reasoning behind such a variation in approaches by
the district attorney is political? I hope not, but if so, I urge him to
reconsider -- we should be looking for a just punishment, Mr. Capeless, not
the next election.

Kraig Petersen

South Egremont