DA TO APPEAL JUDGE'S DRUG RULING

District Attorney Stephen A. Zappala Jr. filed notice Wednesday that he
will appeal the decision of an Allegheny County judge who ruled a state
statute unconstitutional in connection with the Ecstasy drug death of a
16-year-old girl.

Deputy District Attorney Michael Streily, chief of Zappala's appeals
section, notified Common Pleas Judge Jeffrey Manning that his March 12
ruling in the case of Greg Ludwig, 20, of Rochester, Beaver County, will be
appealed to state Superior Court.

Manning had granted a habeas corpus petition dismissing a third-degree
murder charge against Ludwig in the death of Brandy French of Economy
Borough, Beaver County

Because Manning's decision declared a state statute unconstitutional, a
provision of the law allows that portion of the appeal to go directly to
state Supreme Court.

Zappala said the appeal of the habeas corpus decision would normally go to
state Superior Court, while the constitutional question would go to the
Supreme Court. He said he will ask that the two matters be joined in the
high court.

"We do have several cases we are actively pursuing of kids dying from the
use of drugs. It's important to get a clarification of this law. We think
the statute is defensible" on constitutionality, Zappala said.

French died May 19 after allegedly taking Ecstasy the night before at the
Post-Gazette Pavilion near Burgettstown, Washington County.

According to testimony at a coroner's inquest, Ludwig sold the drug to a
friend of French's who had paid $20 for the pill. French took the pill at
the X-Fest concert and became incoherent, lost consciousness and died later
at a hospital.

Manning ruled that the statute of drug delivery resulting in death was
unconstitutional because it didn't require a showing of malice, which is a
required element for third-degree murder.

The judge said there was no evidence of malice by the defendant, an
intention to inflict serious bodily harm or an indifference to the value of
human life. Manning said the statute was vague and lacked due process of law.

Ludwig, who is free on bond, still faces a charge of delivery of a
controlled substance, which isn't expected to be tried until the appeal is
decided. The appeal could take six months to a year to be heard.

Zappala said his office will ask the Supreme Court to revisit a 1973 case
in which it ruled that malice can't be assumed in a case where death
results from the delivery of a drug.

"It's a different public policy today," he said. "If the court believes the
law is clear enough, we believe it puts drug dealers on notice that they
will be charged with murder if they sell drugs that result in death."