'FEDERAL DAY' EYED FOR CITY

Once A Month, Offenders Would Face U.S. Charges

Baltimore Police Commissioner Edward T. Norris said yesterday that
Maryland's U.S. attorney has pledged to adopt "federal day," a once-a-month
program in which city offenders who normally would be booked on state
charges face federal prosecution instead.

However, U.S. Attorney Thomas M. DiBiagio stopped short of saying yesterday
that the program, first tested in New York City, would be implemented here.
DiBiagio said that he and Norris have talked about the idea, but that many
details remain unresolved.

"I think there's a commitment to taking a hard look at it," DiBiagio said.
"I am generally committed to taking a hard look at any operational things
that could make a difference."

Norris gave a far more certain view of the program's future in Baltimore,
saying DiBiagio committed to implementing the tactics in July or August
during a meeting with other law enforcement officials last week.

"He said he was going to try it and see if it worked," Norris said.

The program -- in which certain defendants, ranging from those accused of
drug or gun offenses to homicide, who are arrested on a designated day
could face stiffer penalties in federal court -- drew praise yesterday from
Norris and Baltimore Mayor Martin O'Malley.

Speaking after a news conference about rewards for residents who report
illegal dumping, Norris and the mayor said the "federal day" program would
give authorities more leverage in battling crime. The tactic was used in
New York, where Norris was deputy police commissioner of operations, and he
broached the idea with DiBiagio shortly after the prosecutor took office in
the fall.

Norris said DiBiagio called him unexpectedly two weeks ago and said he
wanted to discuss "federal day." They talked about the idea in person at
the law enforcement meeting late last week.

"I've seen this work before," Norris said. "We'll see it work again."

DiBiagio said he had some reservations about whether broadcasting the
proposal could lessen the program's impact and its element of surprise with
city criminals, but said he would discuss that with Norris.

"I'm going to decide it on its merits anyway," DiBiagio said. "But I'm
wondering whether the law enforcement purpose of it is being undercut."

Norris said that talking about the plan would not hurt its effectiveness
and could deter criminals.

"Are they now going to close the drug markets in Baltimore?" Norris said.
"No. There will be no shortage of arrests when we enact this."

The push to adopt "federal day" comes after much criticism by O'Malley of
DiBiagio's policies on prosecuting city gun cases.

DiBiagio has said he would pursue firearm cases in federal court only if
defendants face a potentially longer sentence than they would in state
court. The prosecutor has acknowledged that means fewer federal gun cases,
even though the mayor and DiBiagio's own political ally, Rep. Robert L.
Ehrlich Jr., have repeatedly called for federal authorities to take a
greater number of gun cases.

O'Malley characterized his criticism of DiBiagio as "a professional
disagreement" yesterday. If DiBiagio adopts "federal day," O'Malley said he
would take the prosecutor "to lunch or send him gift certificates."

"We'll join hands and sing 'Kumbaya' if we can get this murder rate down,"
O'Malley said.

This year, 122 people have been killed in Baltimore vs. 124 at the same
time last year.

DiBiagio said he planned to talk to his counterparts in New York to learn
more about the program.