Pubdate: Wed, 12 Mar 2003
Source: News & Observer (NC)
Copyright: 2003 The News and Observer Publishing Company
Contact:  http://www.news-observer.com/
Details: http://www.mapinc.org/media/304
Author: Andrea Weigl, Staff Writer

ECSTASY TERMS ARE CUT AGAIN

Two Men Could Be Released From Prison Today After a Second Reduction in 
Their Drug Sentences

RALEIGH -- Two and a half years ago, Special Superior Court Judge
Thomas Haigwood imposed hefty sentences and fines on two clean-cut
20-somethings convicted of trafficking ecstasy. Two days later,
Haigwood changed his mind and cut their prison sentences in half. On
Tuesday, Haigwood -- after another judge threw out those lighter
sentences -- again reduced the two men's sentences, so they could be
released from prison as early as today, and drastically reduced their
fines.

Courthouse regulars say being resentenced once is unusual and twice is
rare.

"The justice system doesn't move to correct its slight mistakes," said
Joseph B. Cheshire V, one of the young men's original lawyers, who had
complained about Haigwood's sentences. "Generally, it only moves to
correct its really abusive mistakes. This was an abusive mistake, or
injustice would be a better word for it."

On Sept. 19, 2000, Haigwood, a former Pitt County district attorney,
sentenced Brandon Jackson Washam, 27, to eight years in prison, a
$100,000 fine and three years of supervised probation. Washam's
co-defendant, Robert Zackary Dancy, 24, got six years in prison, a
$60,000 fine and three years of probation from Haigwood. Prosecutors
say Washam and Dancy sold ecstasy, a popular hallucinogenic drug, to
students at N.C. State University and at local bars.

Neither had a prior criminal record. Two days later, Haigwood cut
their prison sentences in half, saying he didn't want to dissuade
other defendants from cooperating with authorities.

In January, Washam and Dancy's new attorneys, Wade M. Smith and
Richard T. Gammon, asked for a new sentencing hearing with the consent
of Wake District Attorney Colon Willoughby. Wake Senior Resident
Superior Court Judge Donald W. Stephens vacated the sentences, ordered
the men evaluated for probation and sent the cases back before Haigwood.

On Tuesday, Haigwood sentenced both men to less than the 2 1/2 years
they have already served. Haigwood reduced Washam's fine to $15,000
and Dancy's to $5,000. Haigwood ordered both to serve three years of
supervised probation and complete 50 hours of community service in the
next three months.

Haigwood ordered the men to abide by several conditions while on
probation, from submitting to drug tests to refraining from using or
possessing drugs. Haigwood ordered them brought back in front of him
if they test positive for drug use or have one unexcused absence in
connection with their probation.

"It was a courageous thing what the judge did today," said Gammon,
Dancy's attorney. Smith added, "We are thankful. The judge did an
excellent job -- very thoughtful, thorough and careful."

During Tuesday's hearing, Willoughby said his staff failed 2 1/2 years
ago to make a sentencing recommendation to Haigwood, who, as a
visiting judge, didn't have any knowledge about the typical sentences
handed down in Wake County for these crimes. Willoughby made a
recommendation Tuesday, which Haigwood considered in handing down the
new sentences.

Smith and Gammon described their clients as changed men who have used
their time in prison to help others and better themselves. Before
sentencing, both Washam and Dancy said their incarceration had taught
them not to take anything for granted. "I plan to take full advantage
of the opportunities that lie ahead for me," Washam said.

Haigwood did not explain his reasoning for further reducing the
sentences, but, as the young men left the courtroom, he said, "Good
luck to the both of you."
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MAP posted-by: Richard Lake