EX-SHERIFF WHO STOLE DRUG-FIGHTING MONEY DOESN'T WANT JAIL TIME

AUBURN (AP) - A former county sheriff who admitted stealing $4,000 from a
drug-fighting fund will withdraw his guilty plea Tuesday if a judge tries
to sentence him to jail, his attorney says.

Former Cayuga County Sheriff Peter Pinckney pleaded guilty Jan. 17 to
third-degree grand larceny, defrauding the government and first-degree
offering a false instrument for filing.

Visiting state Supreme Court Justice Thomas Van Strydonck has not indicated
whether Pinckney's sentence will include jail time. However, defense
attorney James McGraw on Monday repeated his promise that if Van Strydonck
decides jail time is appropriate then Pinckney will withdraw his plea and
take his case to a jury trial.

Assistant Deputy Attorney General James Mindell has said Pinckney deserved
"substantial" jail time, although he declined to say specifically how much.
The grand larceny charge, the most serious count, is punishable by up to
seven years in prison.

"Mr. Pinckney breached the public's trust. He was supposed to enforce the
very laws he broke," Mindell said.

McGraw said he was seeking a conditional discharge for Pinckney and an
order for him to pay restitution. Pinckney has set aside $4,000 in an
account with McGraw, he said.

"If this were a man on the street, it would be restitution and petty
larceny," he said.

McGraw said the ex-sheriff has been the victim of overzealous prosecution
by the state attorney general's office and prejudicial publicity because of
his prominence as the county's top enforcer.

"I plan to tell the judge ... that Pete is a decent man, he made a mistake,
he's ready to face the penalty and get on with life," McGraw said.

McGraw said he would present the judge with dozens of letters of support
for Pinckney. One of those letters, he said, was from John Walsh, host of
"America's Most Wanted," and lifelong friend to Pinckney.

In an interview with The Citizen of Auburn, Walsh said Pinckney deserved
leniency, echoing McGraw's sentiment that the former sheriff was being made
a scapegoat.

"Since he was a little boy, all he ever said he wanted to be was a cop,"
Walsh said. "He put in years of dedicated service to the community. Lots of
people love and respect him. I know he made a mistake and did something
wrong. I'm not condoning it. He violated the public trust, but I believe
he's paid a terrible price."

Walsh said Pinckney set himself apart by admitting his guilt, paying back
the money he stole, and facing the consequences.

Pinckney, 56, of Fleming, was first elected sheriff in 1991. He was elected
to a third four-year term in 1999 and was up for re-election in 2003.

According to state prosecutors, Pinckney misappropriated money from a task
force drug fund on four occasions during a nearly three-year period,
ordered subordinates to assist him in the process and then took steps to
cover up his wrongdoing.

The account consists of money seized during drug stings and other
investigations conducted by the agencies involved in the task force.