Pubdate: Wed, 27 Dec 2000
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CROSSFIRE: SHOULD ROBERT DOWNEY JR. BE SENT TO PRISON?

(Program Aired December 27, 2000 - 7:30 p.m. ET)

MARY MATALIN, CO-HOST: Tonight actor Robert Downey Jr. arraigned on felony 
drug charges. If convicted, should he be sent to prison, to drug treatment, 
or should he just be left alone?

ANNOUNCER: Live from Washington, CROSSFIRE.

On the left, Bill Press. On the right, Mary Matalin.

In the CROSSFIRE, in Miami, Florida criminal defense attorney Roy Black; 
and in West Palm Beach, Florida, Jeanine Pirro, district attorney of 
Westchester County, New York.

MATALIN: Good evening, and welcome to CROSSFIRE.

Robert Downey Jr. the award-winning film star and "Ally McBeal" regular, 
has been involved in about as many real-life courtroom dramas as Hollywood 
scenes. Since 1996, his personal and court-ordered quest to clean up his 
drug problem has been repeatedly dashed.

Today he pled not guilty to felony possession of cocaine and valium from a 
Thanksgiving holiday bust in Palm Springs, California. He faces a maximum 
sentence of four years, eight months. Downey's high-profile antics and 
revolving-door incarceration and treatment have put the drug debate back on 
the front pages and in the CROSSFIRE.

What's the most effective way to help drug addicts: treatment, prison, both 
or neither? Is drug addiction a personal or societal problem? Tonight, the 
drug and culture debate with special holiday co-host professor Robert Reich.

Welcome back, professor.

And, Roy Black, let me start with you, because I find this academic debate, 
even TV debate on treatment versus incarceration just that: academic. I 
like to go to the people who are actually in that situation, starting with 
the subject of our show tonight, Robert Downey Jr. He said on an interview 
not long ago on NBC that the only way -- yes, it's the only way I could 
have put it behind me for once and all, referencing his prison stay. And 
indeed, when he relapsed, in every case that he has relapsed, it was when 
he was out with no parole, no accountability, no threat, no fear of 
anything. That's when he relapsed. This is the a kind of addict that needs 
incarceration. ROY BLACK, CRIMINAL DEFENSE ATTORNEY: Well, you know, why 
don't we take people with terminal cancer and put them in prison as well? I 
mean, Downey unquestionably while he's in prison is not going to be hurting 
himself. But what kind of a society do we have when we take people who are 
sick, like he is -- I mean, he has no self-control, he's self-destructive. 
So what do we do? We take him away from his family, take him away from any 
job he has and put him in prison. I find that to be no answer whatsoever.

I mean, we spent $50 billion a year on this drug war for what? Putting 
people like Downey in jail? That is going make our society a better place? 
I certainly don't think so.

MATALIN: Well, Mr. Black, it may make him a better person. There's a D.C. 
drug court study here...

BLACK: Mary, come on...

MATALIN: Excuse me...

BLACK: There's not a single person...

MATALIN: Let me -- Mr. Black, let me give this statistic, then you can 
respond, OK? We have a lot of drug problems here in our nation's capital, 
as sad as that may be. But because of that, there's been a lot of studies. 
And the D.C. drug court has found that those who receive, defendants who 
receive sanctions, are three times less likely to be repeat defenders. 
Those are just the fact.

So how can we help him? We can help him by putting in place a deterrent in 
addition to treatment. Some people cannot be treated without the fear of 
that deterrence.

JEANINE PIRRO, WESTCHESTER COUNTY D.A.: Mary, I think that...

MATALIN: Just a minute.

BLACK: There's no question that there's some people who will not listen to 
common sense, I agree with you. But the United States now has 2 million 
people in prison. We are addicted to prisons. We have 25 percent of all the 
prison -- prisoners in the entire world. We have gone totally insane with 
this. We'd be far better off with people like Robert Downey to put him in a 
treatment program to try to solve his problem than throw him in jail and 
release him a couple of years from now.

PIRRO: But you know what, Mary, I think that...

ROBERT REICH, GUEST CO-HOST: Miss Pirro -- Miss Pirro, let me break in here 
if I may.

Miss Pirro, this is a very sad case, obviously. This is a very talented 
actor. But he is just the tip of an iceberg. We've got enormous numbers of 
people going to prison, and I want to know from you why we are doing it? 
Just give me a summary. Are we protecting the Robert Downey Jr.s or the 
people who are addicts from themselves, are we protecting society from 
them, what's the rationale? Just very clearly, simply, you are a district 
attorney, let's have it.

PIRRO: OK, I think that Mary hit the nail on the head when she talked about 
whether or not this was a personal or a societal problem.

The problem in this country today is that drugs don't occur in a vacuum. 
They don't just drop out of the sky. What we have here are people who are 
addicts, who are sellers, who have made the decision that they don't want 
to rehabilitate themselves. And what we need now are strong drug laws. And 
I think at some point we need to refocus on the law-abiding citizens who 
deserve to live in neighborhoods that are not destroyed by drugs and who 
deserve to live in a society where they don't have to worry about drug 
addicts...

REICH: Ms. Pirro, if I may, again, let me just specify...

PIRRO: Now, Robert, you asked the question, let me finish.

REICH: I'm sorry.

PIRRO: You asked me the question, let me finish. The bottom line here is 
that Robert Downey Jr. has had every opportunity to rehabilitate himself. 
He had every program, he has insurance, he has friends, he has a support 
system. It is time that the criminal justice system exerts the leverage 
that we need to mandate that those addicts who are in our society today who 
are part of the drug problem, part of the drug culture, are made 
accountable immediately.

REICH: Ms. Pirro, you have made your case. I insist on equal time here. Let 
me just ask you a question, because he has been in prison before. He's a 
recidivist. He's been in prison with Charles Manson, he's been in prison 
with Sirhan Sirhan. I mean, what are we going to -- are we going to just 
warehouse these people? Is that your idea? Is that the way we are going to 
conquer this problem? Why not treatment for this man?

PIRRO: No -- well, I agree with you. And what the drug courts around this 
country are proving, and I think Mary tried to make reference to this, is 
the fact that there is a combined treatment with the leverage of criminal 
incarceration immediately upon a failure to comply with program requirements.

Prosecutors across this nation are interested in rehabilitation. I mean 
that is one of the purposes of sentencing. One of the purposes of 
sentencing is to deterrence and rehabilitation. We can do both, but if we 
allow drug addicts to decide how they're going to rehabilitate themselves, 
then they will not do so. Ninety-one percent of those,,,

REICH: We are losing the drug war, Miss Pirro. We are losing the war.

PIRRO: No, in fact, the crack epidemic...

REICH: And you are in the front lines.

PIRRO: The crack epidemic of the late '80s has reduced itself somewhat, and 
what we are seeing are model block programs in New York City, where when we 
attack the drug violence and the drug culture, then crime goes down in 
those areas.

Let's not make believe you can buy drugs at Saks Fifth Avenue over the 
counter. There is a whole drug cartel that is importing drugs into this 
society. There are stash houses, drugs are being cut. We're talking about 
major drug crimes. Those who are addicts...

REICH: Why do we have...

PIRRO: ... deserve rehabilitation. Those who are drug dealers deserve to be 
incarcerated. And if you're an addict and you can't rehabilitate yourself, 
then we need at the back end jail time to make sure that you comply with 
the treatment requirements.

BLACK: Yes, but this is the typical kind of argument prosecutors make. The 
problem with prohibition is when you make something a crime you destroy 
neighborhoods. Remember when we had prohibition against alcohol? We had all 
kinds of gangsters involved, we had people getting killed. When was the 
last time somebody got killed over a six back of beer. It's the fact that 
it's illegal that destroys neighborhoods, that destroys lives.

PIRRO: You know what?

BLACK: And by the way, the last statistics I saw in California, there were 
five times more African-Americans in prison than there were in California 
in that state, and that's an outrageous statistic.

PIRRO: There is no question that it doesn't matter who the offender is, 
whether he's a celebrity, whether he's a poor person. He is entitled to 
rehabilitation and treatment with the leverage -- look, Robert Downey Jr. 
is a classic example of a guy who doesn't want to be rehabilitated.

When I sat as a narcotics judge, one of the questions I asked a young 
offender in front of me for the first time was whether or not he wanted 
rehabilitation or whether he wanted to go to jail. His choice was jail, 
because he knew that rehab was tougher. He knew that rehab...

BLACK: Jeanine, why don't we put bars on the Betty Ford Clinic. What about 
all the people using alcohol...

PIRRO: You know what?

BLACK: ... addicted to nicotine, addicted to prescription drugs?

PIRRO: We as a society...

BLACK: Why don't we use the criminal law to get them to stop?

PIRRO: Roy, as a society...

BLACK: Let's get life imprisonment for alcohol abusers. PIRRO: As a 
society, we have said that the use and possession of narcotics is illegal. 
And until that is changed, we've got to recognize that there is a whole 
host of problems that spin off of drugs, whether it's people who commit 
crimes who might never have committed them before because they're on drugs 
or because of the drug turf wars or because of the innocent children who 
are shot because there are guns...

BLACK: Jeanine, it's a health problem...

(CROSSTALK)

MATALIN: OK, Mr. Black -- just a second. Mr. Black, let me give you some 
statistics there off of Miss Pirro's fact, because your notion that 
personal freedom, we're not hurting anybody else, let's go get high, sounds 
like a college debate. It sounds like what we used to do, stay up and watch 
"Saturday Night Live" and get high.

BLACK: No, that happens to be reality.

MATALIN: That is not the case. A third to 50 percent of the crimes 
committed in this country, everything from trafficking to -- through 
burglary to murder are committed by people under the influence of drugs. 
That's not just hurting themselves. That is hurting us, and it costs the 
society a lot of money. You can't call this some personal freedom issue. 
That's simply not the case.

BLACK: Mary, I agree with you 100 percent. And you know how to stop that? 
By taking away the illegality of drugs. Once you do that, the drug prices 
go way down. By the way, when Bayer started selling heroin 100 years ago, 
it was the same price as aspirin. And once you take away the illegal factor 
of it, you take away the enormous profits by drug organizations, you take 
the criminals out of it, you have it regulated, you save all of those kind 
of problems. So if that's really your concern with it...

MATALIN: OK, OK, OK...

BLACK: ... that can be solved.

MATALIN: No, this just the most ridiculous of arguments. Under the 
influence of drugs, it alters our behavior, OK? If you're not going to buy 
that people are committing murder because they're on drugs...

BLACK: Mary, how many more people commit murder under alcohol than drugs?

MATALIN: Excuse me, let me finish the question.

Have you ever seen a crack baby? Have you ever seen a neglected or an 
abandoned family because the mother is on drugs?

BLACK: Have you ever seen the fetal alcohol syndrome? Have you ever seen 
the fetal alcohol syndrome...

MATALIN: We're not talking about fetal alcohol syndrome.

BLACK: ... which causes mental retardation? No, we could do the same thing 
with everything.

MATALIN: And your point? Your connection? No, you're saying it hurts no one 
but the user. I'm saying the entire society from those who are victims of 
crime to the children of drug users are affected and that affects us all.

(CROSSTALK)

REICH: May I interject here?

(CROSSTALK)

PIRRO: Mary, may I say something? What about the fact that Robert Downey 
was in possession of a handgun? What about the fact that even though he's 
only hurting himself, as Roy Black would suggest, he ends up in someone's 
house in a child's bed? What about the fact that he is...

(CROSSTALK)

BLACK: They punished him for that. Sent him to jail for the handgun. Sent 
him to jail for going to someone's house. He's now charged possessing 
cocaine, possession of marijuana and having Valium in his system.

REICH: Hello, Miss Pirro, Miss Pirro, this is -- see, when you get two 
attorneys on television, and you can't get in edgewise, now look, I just 
have a question...

(CROSSTALK)

BLACK: A presidential debates.

REICH: Wait a minute. Wait, wait, wait, wait. I want to just read you some 
statistics here. Now, Mary read you some. In 1980, I don't know if we have 
chart of this. If we have a chart, let's put it up. In 1980, there were 
41,648 drug offenders in prison. Now we have 458,131.

That's an 11-fold increase and a lot of these drug-related offenses, 
they're not hurting anybody. They are just possession -- a lot of them, not 
all of them. I just want to ask you, Miss Pirro, if it's just possession of 
a drug; if it's just being under the influence, like alcohol; why should 
somebody go to prison?

Now, I agree with you. If we're talking about drug trafficking in dangerous 
drugs, sure do something about it. Maybe try to deter it, but how about 
simple possession?

PIRRO: All right, let's make sure -- we're talking about dangerous drugs 
here. We're talking about cocaine and heroin, all right. So let's not make 
believe that we're not talking about a controlled substance. Number one, of 
the 20,000 incarcerated defendants for drugs in New York state, less than 
.06 percent are in prison for possession alone. For less than an a, or b 
felony, what does that mean? What that means is that those individuals who 
are in prison are primarily in prison for possessing four ounces of cocaine.

That's an A-1 felony. You can cut that into 8,500 glacine envelopes. If you 
think about it, that's 8,500 sales at $100,000, and we're selling -- we're 
seeing these drugs sold on school grounds. We're seeing people under 
influence of drugs committing all kinds of crimes.

It's an addiction. It should be treated. But if someone will not accept 
treatment, then we need the hammer of the criminal justice system to make 
sure they get it, because otherwise, we're all at risk -- you, me, and our 
children.

MATALIN: OK, friends, thank you so much. The drug war obviously is raging 
on, and so is the debate. We'ill continue it on next segment when we return 
on CROSSFIRE. During our break, log on to cnn.com/crossfire and tell us if 
you think our subject matter today, Robert Downey Jr. should be sent to 
prison, in drug treatment, or be left alone. We'll have the results later 
in the show. Stay with us

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

ROBERT DOWNEY JR., ACTOR: It's like I have a shotgun in my mouth, and I've 
got my finger on the trigger and I like the taste of the gun metal.

(END VIDEO CLIP)

REICH: That was Robert Downey Jr. Welcome back to CROSSFIRE. I'm Robert 
Reich. We've been talking about the consequences of arresting and basically 
incarcerating a lot of people, huge numbers of people in this country, 
because of possession of illegal drugs.

Our guests tonight have been Jeanine Ferris Pirro, district attorney for 
Westchester County, New York, joining us from Palm Beach. Also, Roy Black, 
a criminal defense attorney also from the land of the butterfly ballots.

Both of our guests are wonderful guests very vocal about the issue, and 
Mary and I can hardly get a word in edgewise, but that's fine. But I have a 
question for you, Miss Pirro. You mentioned just before the break, you 
said, we've been talking about hard drugs. And we have been talking about 
hard drugs. We've been talking about cocaine.

What about marijuana? Should marijuana be legalized? I mean, we've had -- 
we even have a president of the United States, right now, who said that he 
did not inhale, but I'll tell you something -- I will not testify to this, 
but 32 years ago I was with him and it looked like he was inhaling. Now, 
should we -- so what do we do? Should we legalize?

PIRRO: Well...

(CROSSTALK)

REICH: Should we legalize?

PIRRO: ... in many states marijuana has been decriminalized as it is in New 
York where it is essentially a violation. It's not really considered a 
crime. It is only when you possess enough marijuana that you can be 
presumed to be intending to sell that marijuana that you start talking 
about incarceration.

But, the bottom line is this. I think prosecutors across this country agree 
that rehabilitation for those addicts, those people who are simply users is 
the most appropriate and effective way to deal with the problem. The issue, 
however, is just as you said in your segment as you showed Robert Downey 
saying, if he likes the taste of the metal, if he likes the drugs, he has 
no incentive to stop it, then he'll be in constant state where he doesn't 
care about it. We've got to protect the rest of society.

REICH: Well, again the question is what we are protecting the rest of 
society from? Proposition 36 in California, just approved by California 
voters, mandates drug treatment not jail for possession or being under the 
influence first time offenders. Do you agree?

PIRRO: Well, I think that drug treatment is preferable to jail for first 
time offenders. I don't think anyone would really disagree with that if you 
are talking about someone who is possessing for his or her own use.

But what you haven't mentioned in that proposition is the fact that 91 
percent of of those who are successful in rehab are successful only because 
they fear jail time. And that's why drug courts have been popping up all 
over this country, because we can monitor these defendants; we can make 
sure that they have frequent urinalysis. They have treatment, that there is 
a discussion with the court. This is something that we are handling much 
better than we have in the past.

MATALIN: Mr. Black, let me ask you about that, because, your views, as 
suggested in the preinterview, are that you're fine with legalizing 
marijuana. I just want to ask you about marijuana today. It's far different 
from what it was when we were in college, and studies continually show that 
kids today from the ages 12 to 17, who would have greater access to 
marijuana would it be decriminalized or legalized are 85 -- 85 times more 
likely to use cocaine. These kids don't have a chance.

BLACK: Well, you know, Mary, the problem with living in a democracy is you 
can make choices, and you can make very poor choices. The problem that we 
have had and we listened to politicians running for reelection every year 
on this, is we throw more and more money at this drug problem.

We are now spending $50 billion that's b -- with a "b" billion dollars a 
year. We've been doing it for 80 years and we're still in same position we 
were when we started. Don't you think it's time to change? We ought to 
spend a small fraction of that money on trying to educate people -- look 
how much we reduced cigarette smoking by advertisements and education. We 
didn't need to put people in jail to do that, and people like Downey, we'll 
put them in programs. If he has to be in programs for the rest of his life, 
it's far better than sending this man to prison.

PIRRO: You know, but Roy, you act like this is happening in a vacuum, and 
not affecting anyone other than Roy -- Robert Downey. The problem is that 
we spend a fortune in this country on drug-related offenses, emergency-room 
treatment of individuals who are affected by drugs, the children who are in 
foster care because their parents are drug abusers. Let's not make believe 
that this is just Robert Downey in his own little happy world and it 
doesn't impact on the rest of us.

BLACK: But, Jeanine, this happens to all kinds of society problems, people 
make many poor chances. Let's look at Robert Downey. He has 4 grams of 
cocaine, and he has some Valium in his hotel room. He wasn't threatening 
anybody. The only person he was hurting was himself. I agree that we ought 
to try to save him from himself, but let's not get at this fantasy that he 
was somehow terrorizing Palm Springs.

PIRRO: But what makes you think that he isn't a financier of drug dealers, 
who are selling drugs to our children on school grounds, and...

BLACK: Yes, I saw him hanging around the high school last week.

PIRRO: Have you gone into the neighborhoods of people who are afraid to 
come out of their buildings, because there is so much drug dealing going 
on, that people children are afraid to walk to school.

(CROSSTALK)

BLACK: I was an assistant public defender for five years.

PIRRO: It's the same world.

BLACK: And in those kind of tenements, and I talked to people and I know 
that the worst thing that happens is breaking up these families by putting 
the father in jail.

PIRRO: The worst thing that happens is when you have a whole neighborhood 
that is afraid because drug dealers, with guns and turf wars are involved 
in their neighborhoods, and they can't come outside; they don't want to 
send their children to school. I work with the...

(CROSSTALK)

PIRRO: ... because they want to live in an open and honest society where 
they are not damaged, where they are not harmed.

REICH: Ms, Pirro, if I may again, there is something else that we haven't 
talked about that worries me about all of this criminalization, of -- 
again, the possession, the being under the influence, because there are no 
complaining witnesses.

When it's mere possession -- again, we're not talking about harmful 
behavior, we're talking about mere possession. There are no complaining 
witnesses. Don't you get into civil liberties problems because it means 
that in order to prosecute, you've got other to have wiretaps, you've got 
to have forfeitures, you've got to have government doing all kinds of 
things that government, once it starts doing, you don't want to live in 
that kind of police state; isn't that a problem?

PIRRO: You know, unfortunately, the drug cartels and the drug organizations 
in this country are very sophisticated, and, through narcotics initiatives, 
we are, through some sophisticated law enforcement efforts, we are able to 
identify where the drugs, the stash houses, the guns, and the violence is 
located, and I think that if you say that, just because you possess it, 
it's not a problem -- if you possess an unloaded handgun, maybe that is not 
a problem either, but it is against the law.

And that is what we, as a society, are saying; that we have laws that have 
to be followed.

MATALIN: All right. Thank you Jeanine Pirro. Thank you Roy Black. Thank you 
for coming out from your warm haven down there. We wish we were there with 
you, but go have a pina colada for the professor.

BLACK: We're studying our ballots.

MATALIN: It's a fight that will never end. Robert Reich and I will be right 
back right after this quick moment for our closing comments and the results 
of the on-line poll. Stay with us.

(COMMERCIAL BREAK)

MATALIN: Earlier in our online poll, we asked about Robert Downey Jr. 36 
percent of you said he should be sent to prison, 37 percent of you said he 
should be in drug treatment, and 28 percent of you said he should be left 
alone. A big libertarian contingent out there.

Listen, Professor Reich, what I don't get is, you liberals say everything 
is society's problem. Everything has a cost to society, except when it 
comes to drugs. Just leave these people alone like they are hanging out in 
a college dorm. They are hurting other people, they are hurting their 
families, and they are costing us money.

REICH: I don't know what happened to the libertarian instinct in 
Republicans in you. I mean, the fact of the matter, is it takes somebody 
like Robert F. Downey or Darryl Strawberry of the Yankees -- the former 
Yankees player, to focus public attention on the fact that we are 
warehousing huge numbers of these people. We're not winning the war on 
drugs. They have not harmed anybody else. They are doing it to themselves, 
and we need treatment, we don't need prisons for a lot of these people. 
Many of them, unfortunately, are African-Americans, and I think it's a 
national disgrace, Mary.

 From the libertarian left, this is Robert Reich. Good night.

MATALIN: From the right, that sets role models for our children, I'm Mary 
Matalin. Join us again tomorrow night for more CROSSFIRE.
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