DISTRICT ATTORNEYS WANT DRUG LAWS INTACT

TROY - Fearing that any change in the Rockefeller era drug laws will take
away one of their most potent tools in fighting violent crime, district
attorneys across the state are waging a campaign to keep the laws in place.

Steuben County District Attorney John C. Tunney said the district attorneys
also believe that the premise most reformers are basing their mantra upon
is based in myth more than fact.

Tunney, who is president of the New York State District Attorneys
Association, along with fellow district attorneys James Murphy of Saratoga
County, Kenneth Bruno of Rensselaer and Robert M. Carney of Schenectady,
presented their case to The Record's editorial board on Thursday.

It is a myth, Tunney said, that prisons are packed with offenders sentenced
to 15 years to life for a first offense.

"If somebody is in prison, it's because they sold drugs, or they possessed
a large quantity of drugs with the intent to sell the drugs or they are
predicate felons ... people are not going to prison because they are
addicts," he said. "There is virtually no one in prison right now who fits
the profile that the reformers would suggest."

In April, reformers handed state leaders a list of people they believed are
serving 15 years and more for first time offenders. But Schenectady
County's Carney, after examining the list, discovered that the people used
as examples had a long list of previous felony convictions, often times
under fake names.

For example, reformers said father of two, 32-year-old Marichal Belos was
arrested in Albany for possession "of a few dollars worth of crack" and
sentenced from 8.5 to 25 years in state prison. After further examination
it was discovered Belos had an 8-page rap sheet for offenses including
assaults, breaking and entering and robbery under a three different names,
which is why he received such a harsh sentence.

Alice Green, of the Center for Law and Justice in Albany, is in favor of
repealing the drug laws and starting from scratch, beginning with the
premise that drugs are more of a health issue than a criminal justice issue
and giving judges complete discretion on how to dispose of each case.

"We would certainly like to see more treatment than incarceration," she
said. "Most of the people who are sentenced under the law have pleaded
guilty and that are now serving time are black and Latinos."

She said it is not uncommon for a black or Latino, often without the
necessary resources to hire a high-powered attorney, and who are faced with
15 years to life sentence will plea bargain to a lesser sentence whether
they are guilty or not.

Another strand of the racial bias of drug laws is that police target
minority communities, where there are often open air drug transactions and
they do not target the white communities.

"If you are a poor person look out, but if you a rich person, you can talk
to the chief, get a lawyer in quick, and like magic the charges disappear,"
said defense attorney Terrence Kindlon in a past interview. "Then those
same people say your nuts when you say poor people are at a disadvantage."

Reiterating the state association's position against reforming the drug
laws, Bruno said, "We need to retain our ability to send (drug dealers) to
jail or more of them will be there."

Added Murphy: "We are fearful of reducing our ability to get (drug dealers)
off the streets" if the laws are changed.

The district attorneys did say they would be open to allowing the courts -
through the appellate process - to review A-1 felony cases that might merit
reconsideration because of extreme penalties. Under present law, if a
person is in possession of four or more ounces of cocaine or possesses with
intent to sell two or more ounces of cocaine, they face a Class A-1 felony
and will face sentences the same as those for murder.

The real debate, Tunney said, should be over questions such as whether the
"sale of cocaine can be viewed as the legal equivalent of forced rape?"
Both are considered Class B felonies.

There are two different proposals to reform the drug laws pending at the
state Capitol.

The Democratic dominated Assembly wants any reform extended to Class B
felons. which include 80 percent of drug offenders incarcerated last year,
whereas the governor's wants to impact Class C, D and E.

The state Senate, while likely supporting the governor's proposal, also has
its "Road to Recovery." If approved, it would spend $20 million next year
to increase alternative to sentence programs, post- release treatment
programs and provide money for job training and placement for 800 addicts.

Both proposals would allow the judge more discretion in sentencing without
consent of the district attorney, and both proposals stress addiction
treatment rather than incarceration.

The state District Attorney's Association also favors expansion of drug
treatment alternatives to prison, but Tunney said, there probably are not
enough funds available this year to expand effective treatment programs.