ROCKEFELLER DRUG LAW REFORMS TAKE EFFECT

With reforms in New York's strict drug laws taking effect Thursday, a Miami
man given a 15-years-to-life sentence in Manhattan more than two years ago
filed court papers in the hope his remaining prison time can be cut nearly
in half.

Roberto Oms, 30, was convicted in 2002 of selling heroin to an undercover
agent at the Palace Hotel. It was his first offense, according to Manhattan
attorney Ronald Kuby, and he had turned down a plea deal that would have
resulted in a 5-year sentence.

"Robert Oms played a minor role in a drug deal," Kuby said in a phone
interview. "The judge reluctantly sentenced him, saying if the day ever
comes when the law is changed, come back. That day came today."

After more than three decades of the severe drug laws enacted under Gov.
Nelson Rockefeller, Gov. George Pataki signed legislation reducing
mandatory minimum sentences for drug offenses. The law went into effect
yesterday.

Maggie Gandasegui, a spokeswoman for the special narcotics prosecutor, said
the office is reviewing all cases that might be eligible for resentencing
under the new law, including Oms'. The office has received motions for
reduced sentences on behalf of three other inmates because of the reform,
she said.

Oms appears to have a good shot at a reduction. In a transcript attached to
his motion for resentencing, state Supreme Court Justice Roslyn Richter
says she adjourned Oms' 2002 sentencing several times, thinking that the
Legislature might change the laws.

"If I had a choice and the minimum was less, I might sentence the defendant
to something else," Richter said at the time. "Should the Legislature
decide to change the sentencing law, I'm always open to hearing from
counsel ... " Kuby said Richter now may reduce Oms' sentence to the new
minimum of 8 years.

With time off for good behavior, he said, Oms could be released in four years.

The defense papers suggest he's been a model prisoner, working as a
teaching assistant at the Green Haven Correctional Facility for two years,
taking courses in French and legal research and attending Narcotics Anonymous.

He also comes from and has remained close to his hardworking family, the
papers say. His Cuban parents left Spain for the United States in 1986. His
father worked for the Miami Symphony Orchestra. and his mother worked as a
choreographer and ballet instructor for the Dade County public schools for
18 years. They also founded their own fine arts school.

Oms attended Miami-Dade Community College and worked as a marketing
director for a magazine. He also worked as a construction worker. The
filing is filled with submissions from friends and family vouching for him.