SCHOOL ZONE CHARGES PRESSED

Despite a call from some community members to seek alternate means of
punishment, District Attorney David F. Capeless has opted to support a
policy seeking the minimum mandatory two-year jail sentence for those
charged with selling drugs within a school zone.

The policy means the charges of drug distribution within a school zone for
seven of 18 youngsters arrested last year in the Taconic parking lot in
Great Barrington will be prosecuted to the full extent of the law. In
March, a newly formed local group, Concerned Citizens for Appropriate
Justice appealed to Capeless for dispensation for those seven charged with
small-scale marijuana distribution.

Capeless said during a telephone conversation yesterday that he could not
comment on any individual cases before him.

'Stay the course' In a written statement released yesterday Capeless said
he intends to "stay the course in the prosecution of school-zone
drug-dealing offenses." "For over 13 years, (former) District Attorney
(Gerard) Downing and I pursued a policy of charging and prosecuting
school-zone cases, whenever the facts supported them," the statement reads.
"This past year, I have continued that policy because it is even-handed and
fair, and because it has proven effective. I intend to continue that policy."

Last September, 18 people ages 17 to 24, the majority of whom live in South
County, were arrested on charges ranging from marijuana possession to
distribution of ketamine, a powerful horse tranquilizer. The majority of
those arrested were also charged with committing a drug violation in a
drug-free school zone. Yesterday, some applauded Capeless' decision to
enforce the minimum mandatory two-year jail sentence that can be applied to
those charged with selling drugs within a school zone, while others said
they were "saddened" and "appalled." State law requires judges to sentence
those convicted of a school-zone charge to a minimum of two years in jail.
A decision whether to levy the charge in the first place lies with the
district attorney.

The decision follows two meetings with members of Concerned Citizens for
Appropriate Justice, which circulated a petition in March that urged
Capeless to consider other forms of punishment for the seven young people
facing small-scale marijuana distribution charges.

The group had advocated for a combination of probation, public service, and
drug treatment for those seven, if they are convicted, as opposed to
serving two years in jail.

2,000 signed petition Erik Bruun of Concerned Citizens said nearly 2,000
residents of various ages have signed on in support of that petition, which
when initially submitted to Capeless had been signed by 400 people.

"I am saddened that the Berkshire County legal system resorts to a costly
and destructive path to try to resolve a costly and destructive problem,"
said Bruun. "I'm not saying they should get off without a punishment, but
there are other ways of dealing with the situation."

He said if those seven are convicted, it would be more effective to order
that they perform community service.

"Seven kids with orange jumpsuits cleaning up the parking lot, that would
send a message," he said.

Capeless said in his statement that he supports drug counseling when
appropriate. "At the same time, I am committed to the prosecution and
punishment of those who cause other to need such treatment -- drug
dealers." Geri Rybacki's son John, 18, is one of the 18 charged in relation
to the incident. 'A bad dream' "It's like a bad dream that you can't wake
up from," she said yesterday. She said John's September arrest was his
first encounter with the law and that he was not charged with handling the
marijuana or the money procured from selling drugs. "If they had a part in
this they deserve a punishment no doubt," she said. "But why tack on this
punishment for a first-time offender? If you take off the school-zone
charge there would still be other charges to consider. ... This policy
doesn't serve any purpose for protecting the public or justice." Berkshire
County Sheriff Carmen Massimiano Jr. said he agreed with Capeless' policy.
"He is making the right decision and he is doing it at the right time,"
said Massimiano. "I understand the anguish these parents are going through
and I sympathize with them. But think about the parent whose child has
never used drugs and bought it -- who speaks for them? The district
attorney speaks for them." Rehabilitation programs within the Berkshire
County House of Correction are available to those convicted, Massimiano
said. However, it is up to each individual to take advantage of the
programs available. Michele Miller, a member of the concerned citizens
group and also a Monterey selectman, said Capeless has missed an
opportunity by supporting this policy. 'Out of proportion' "It is really
time for us as a society to re-evaluate ways to think of crime and
punishment," said Miller. "(This policy) just seems out of proportion. It
turns a blind eye to individual cases."

State Rep. William "Smitty" Pignatelli, D-Lenox, said he has received at
least a dozen calls from parents and citizens concerned about the
prosecution of the Great Barrington drug bust within the past week.
Pignatelli said he is not in favor of minimum mandatory sentencing and is
willing to discuss ways to amend or alter the laws.

"If there is a desire to do something about (the laws) I am certainly open
to hearing it because I am concerned about it as a parent myself," said
Pignatelli.

That said, Pignatelli added that the public needs to understand the serious
consequences, legal and other wise, of substance abuse. State Sen. Andrea
Nuciforo, D-Pittsfield, said there are several proposed changes to minimum
mandatory laws before the Legislature and that they should be considered
very seriously.

When asked what evidence he had to support the claim that the long-standing
policy had been proven effective, Capeless said, "How do you quantify what
has not happened?"

"We have kept at bay in Berkshire County the growing tide of drug use that
has swept over other areas," said Capeless. "I directly attribute that to
the strong stance we have taken against drug dealing."

Eight-month probe In January 2004, police began an eight-month
investigation in response to several incidents of violent behavior in the
Taconic parking lot, which is in front of the Triplex Cinema complex.

Over several months, undercover police bought marijuana, cocaine, ecstasy
and ketamine, mostly in the downtown parking lot area. The location is
within 1,000 feet of school property that has been declared drug-free by
local officials. Some of those arrested are facing multiple school-zone charges.