DRUG PLAN MAY DECIDE CONVICTED DEALER'S FATE

Michigan voters could help decide whether one convicted cocaine dealer
should spend time behind bars or receive treatment.

Instead of sentencing Simon Rincon on Friday, circuit Judge Timothy Pickard
agreed to a defense request to adjourn until after the Nov. 5 election.

One likely ballot measure is the Michigan Drug Reform Initiative, a proposal
to provide treatment for first- or second-time drug offenders rather than
sending them to prison.

Rincon faces a mandatory 10-year sentence, defense attorney Robert Jameson
said.

Rincon, 37, denies police allegations that he was a major cocaine dealer.
Instead, Jameson said Rincon was selling to support his own cocaine habit.

"We need to treat these people as opposed to just locking them up," Jameson
said.

Pickard, who has frequently criticized lawmakers' interference with judges'
sentencing powers, agreed to delay Rincon's sentencing to see how the
election might affect the case.

Rincon originally faced a mandatory 20- to 30-year prison term after police
reported finding more than a quarter-kilogram of cocaine and a handgun in
his home in Jasper.

A narcotics team searched the home Jan. 31 and arrested Rincon. After his
arrest, officials said Rincon was a major local dealer, responsible for
distributing 10 kilograms of cocaine a year.

Since his arrest, Rincon has remained in the Lenawee County Jail in lieu of
a $300,000 bond.

Last month, Rincon pleaded guilty to a reduced charge of possession with
intent to deliver 50 to 225 grams of cocaine, which carries a mandatory 10-
to 20-year sentence.

Petitions circulated by the Michigan Campaign For New Drug Policies are to
be reviewed today by the Michigan Board of Canvassers to determine whether
there are enough valid signatures to put the question on the ballot.

"There was no problem with the petitions and the board is expected to
approve them," Michigan Secretary of State spokeswoman Elizabeth Boyd said.

The backers of the plan submitted more than 450,000 signatures last month to
state elections officials. The group needed the signatures of more than
300,000 registered voters.