Pubdate: Sat, 01 Sep 2001
Source: Times-Picayune, The (LA)
Copyright: 2001 The Times-Picayune
Contact:  http://www.timespicayune.com/
Details: http://www.mapinc.org/media/848
Author: Michael Perlstein, The Times-Picayune
Bookmark: http://www.mapinc.org/coke.htm (Cocaine)

DRUG GANG WINS RESENTENCING

7th Ward Soldiers May Avoid Life In Jail

A federal appeals court on Friday upheld the convictions of the members of 
a violent drug gang dubbed the 7th Ward Soldiers, but reluctantly 
overturned the life sentences received by six of the defendants because 
prosecutors failed to specify how much cocaine was sold by the group.

The three-judge panel of the 5th U.S. Circuit Court of Appeals ordered the 
case sent back for resentencing in district court, where the six defendants 
- -- Clifford Baptiste, Brian Jones, Rico Schexnayder, Leshawn Parker, Garion 
McCoy and Christopher Frank -- are likely to have their prison terms 
reduced to 30 years or less. A seventh defendant, Percy Franklin, is 
unaffected because he originally was sentenced to 20 years. Prosecutors 
described the defendants as a vicious street gang that dominated the 
cocaine market in the small New Orleans neighborhood through brazen acts of 
bloodshed. Defense attorneys tried to argue that their clients were nothing 
more than a loose-knit group of friends connected only by their roots in 
the 7th Ward area where they grew up. They said the name "7th Ward 
Soldiers" was an invention of federal agents who wanted to lump the men 
together to make them easier to prosecute.

But the appellate judges -- Edith H. Jones, Carolyn Dineen King and Thomas 
Reavley -- upheld the sweeping convictions against the defendants, 
including charges of operating a drug conspiracy that resulted in several 
murders.

"There is . . . sufficient evidence that all of the appellants knew of and 
participated in this agreement to operate an open-air drug market," Jones 
wrote in the 20-page unanimous decision.

"Many of the appellants responded to the murders of their friends with 
killing sprees against the rival group of drug dealers. In the face of this 
evidence, a rational jury could reasonably have found that an agreement 
existed among the appellants."

The conspiracy charge allowed prosecutors to seek life prison terms, but 
the appeals court ruled that the enhanced sentences were invalid because 
prosecutors did not specify the amount of cocaine sold by the group.

In a carefully worded paragraph of the decision, the panel expressed 
obvious displeasure about this apparent tactical error by prosecutors.

"One cannot help but note the unfortunate consequence here: conspirators 
who killed or maimed seven people without compunction, three of them in one 
family and two in another, in order to wipe out their rivals or intimidate 
witnesses, may be sentenced to a maximum of 20 or 30 years in prison," 
Jones wrote.

In explaining that their hands were tied by previous rulings, Jones wrote, 
"As it stands, a disproportionately lenient result is compelled by our 
current precedent."

In the eyes of the appeal court, the oversight could easily have been 
avoided by adding the cocaine quantities to the original indictment. In 
order to obtain life sentences, prosecutors needed to prove that the 
defendants sold more than 50 grams of cocaine. In fact, prosecutors 
presented evidence of far greater quantities, the panel ruled, but never 
asked the jury to consider the drug amounts.

"While the evidence at trial abundantly demonstrated that conspiracy 
members were selling an ounce of crack cocaine or more every week for 
several years, the jury was never asked to find a particular quantity of 
drugs," the panel wrote. Reavley and King, the 5th Circuit's chief judge, 
were appointed by President Carter. Jones was appointed by President Reagan.

Barring further appeals, the case will be sent back to U.S. District Court 
Judge Edith Brown Clement for resentencing.
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