PATAKI CUTS HIS LATINO SUPPORTERS A RAW DEAL

For Latinos, what Gov. George Pataki is doing es un crimen (is a crime).
When elected, he promised to "dramatically reform" the state's draconian
Rockefeller drug laws but, until now, nada. In this re- election year he's
been trying to cast himself as Latino friendly by waving the hope of new
legislation that would spell relief for Latinos and African Americans doing
serious time for relatively minor drug offenses. But that promise has gone
up in smoke.

Since 1973, las leyes (laws) de Rockefeller have had a staggering impact on
people of color in New York. Though the majority of people who sell and use
drugs are white, 94 percent of those sent to prison under the Rockefeller
laws are African American (about 9,700) and Latino (7,800).

Under the Rockefeller drug laws, an A-1 sentence of life imprisonment
(usually applied to such heinous crimes as intentional murder, kidnapping
and arson) is permitted for the non-violent sale of 2 ounces or possession
of 4 ounces of narcotic drugs.

The impact on Latino lives is tragic: Ana Santos, una Puertorriquena,
sentenced to 15 years to life for possession of 4.5 ounces of a heroin.

Melita Oliveira, a single mother working two jobs and raising five
children, with no criminal record received 15 years to life. Luis Torres,
serving 50 to life; Holmes Ortiz, 80 to life; Tom Tocco, 44 to life.

Is possession of 4 ounces of heroin or cocaine so atrocious that it
warrants life in prison?

Some people may think these offenders are getting what they deserve.

Such a myopic view ignores the economics that fuel drug trafficking and
enforcement. The international illicit drug business generates $400 billion
in trade annually according to the UN International Drug Control Program.
The United States spends $147 billion for police protection, corrections
and judicial and legal activities related to drugs.

For Republican politicians such as Richard Nixon, Nelson Rockefeller and
George Pataki, crime has always paid. Politically, that is.

But los tiempos cambian (times change). Given a historic decrease in crime,
the tremendous social cost of incarcerating people of color and the growing
recognition by Americans that drug abuse cannot be treated by imprisonment,
these laws have become indefensible. Accordingly, a new strategy by Gov.
Pataki and his advisors seems to be: "If you can't beat 'em, join 'em." Or,
at least, pretend to join them.

Pataki's "reform" bills have gained him political points.

He'd reduce the most severe penalties, affecting about 200 or more inmates
of the 19,000 imprisoned drug offenders.

But his efforts are really an effort to "conform" - conform to the state's
powerhouse District Attorneys Association and the managers of New York's
prisons.

Drug offenders make up 40 percent of the state's prison population overall,
and 93 percent of the prisons upstate, where the Rockefeller drug laws are
virtually a jobs program for upstate residents.

Indeed, the Republican chairmen of the State Senate finance, codes and
corrections committees have prisons in their districts.

The Pataki bill is a change in Republican strategy but not in direction.
Despite a false veneer of reform, it would increase sentences for drug
offenders by creating new determinate sentences for all drug offenses
including marijuana and allow district attorneys to continue to call the
shots on sentencing. Prosecutors, not judges, would decide whether an
offender required drug treatment.

Given the vast number of Latinos affected by the Rockefeller drug laws,
Pataki's handlers have resorted to pressure tactics to prevent a true
public airing of the issue and the shortcomings of Pataki's reforms.
Recently, after Pataki's people complained, Channels 41 and 47 pulled
commercials by the Drug Policy Alliance that were critical of the
governor's inadequate proposal to change the Rockefeller drug laws. At the
time, the Pataki campaign was buying $45,000 worth of commercials on
Channel 41. In a recent Dominican Day parade in the Bronx, a group of
unemployed Latino workers distributing anti-Pataki flyers were ejected from
the march after complaints from aides of Pataki, who was in the parade.

The use of las drogas has its most devastating impact on el adicto (the
addict) who is caught in a false sense of euphoria.

Gov. Pataki's cavalier dismissal of real reform of the Rockefeller drug
laws demonstrates that he, too, is addicted.

He has an addiction to power and his anticipated reelection is euphoric.

Gobernador, for breaking your promise to nuestras comunidades, come
November we will make you kick your addiction cold turkey.