Pubdate: Sun, 04 May 2003 Source: Virginian-Pilot (VA) Copyright: 2003, The Virginian-Pilot Contact: http://www.pilotonline.com Details: http://www.mapinc.org/media/483 Author: Amy Jeter, The Virginian-Pilot STATE STRUGGLES TO DEAL WITH HABITUAL NONVIOLENT OFFENDERS PORTSMOUTH -- He has been convicted of credit-card theft and grand larceny. Burglary. Forgery. Embezzlement. Possessing cocaine. Possessing heroin. And illegally possessing a firearm. Over two decades, Glenn O. Turner has amassed 55 felony convictions and nine probation violations -- a distinction that puts him in an "elite" group of criminals, according to one local commonwealth's attorney. Turner has stolen televisions and pawned someone else's power drill, but he has never killed or maimed anyone. If his cases had been in Vermont, he could have been eligible for a life sentence on his fourth conviction. But that's not possible in Virginia, where his two decades of nonviolent crimes do not qualify for the state's "three-strikes-and-you're-out" law. Instead, Turner has bounced between prison and freedom, work and probation, drug use and rehab. Now, at 47, he is back in jail, fresh off his latest sentencing in early April. Hampton Roads prosecutors said they have seen other criminals rack up many felony convictions for property crimes or drug charges. Few have records as extensive as Turner's. His case is an example of how the state struggles to deal with habitual nonviolent offenders. "The punishment has to fit the crime -- at least that's the goal," said Portsmouth Commonwealth's Attorney Earle C. Mobley. "But at some point, you have to draw the line and say, 'You don't get any more breaks.' " Virginia has no laws for criminals like Glenn Turner. The state's "three-strikes" provision allows prosecutors to pursue life sentences only for violent "career criminals." The law has been used rarely since parole was abolished in 1995. Nonviolent habitual offenders usually do not face the same stiff sentences as their violent counterparts. The rationale: Prison cells are for those who most threaten public safety. At least one state, Vermont, allows prosecutors to seek penalties up to life in prison for people convicted of any four felonies. The law is used infrequently for property or drug charges, though, said Matthew Levine, an assistant attorney general in Vermont. But people who commit property crimes are the most likely to repeat the offenses, according to a recent study by the Virginia Department of Corrections. That leaves lawmakers, judges and prosecutors to weigh practical and theoretical questions, said Rick Kern, director of the Virginia Criminal Sentencing Commission. "How do you punish people in a way that satisfies people's sense of justice being served?" Kern said. "What are the costs to society for them to be on the street?" As one alternative, the state created "detention" and "diversion" centers in 1994. The centers focus on rehabilitating nonviolent offenders through community service, education, substance-abuse treatment and military-style discipline. A year in the detention program costs about $10,189 per inmate, compared with $19,793 for a year in prison, according to the Department of Corrections. Success is not guaranteed. A study of 286 detention program graduates showed that 45 percent were convicted and sentenced to serve prison time within five years of completing the program. That was the case with Turner, who completed the program in 2001 and was convicted of another felony a year later. In general, prosecutors fall back on sentencing guidelines, a range of punishments calculated for a specific person and crime. Usually, recommended punishments for nonviolent habitual offenders are harsher than for people with no record. A criminal record can mean the difference between probation and a prison sentence,though not always. After Turner pleaded guilty to his 52nd felony -- a heroin possession charge in 2000 -- a Portsmouth judge gave him a suspended prison sentence and 18 months of supervised probation. He also was ordered into treatment and a detention center. The same day, he was found guilty of probation violations on six charges, and a judge resuspended his prison sentence and ordered new probation on each count. Sometimes prosecuting one person dozens of times is unavoidable, said Roger D. Groot, who teaches criminal law and criminal procedure at Washington and Lee University School of Law. "You pay your dues. You do it again, you pay your dues again," Groot said. "Even if he gets out and steals a lawn mower, that might not be the end of the world." Friends say Turner is the kind of man who does not raise his voice, has ideas of his own and knows how to work hard. He once dug trenches in the mornings and worked at a McDonald's restaurant in the evenings. His boss said he was well-spoken and usually did a good job. Things changed when Turner ran with a bad crowd, friends said. It frustrated him that he had to walk to work when other people drove. He didn't like that others had nice things and didn't have to juggle two jobs. Turner now is in the Hampton Roads Regional Jail in Portsmouth. He declined to be interviewed. He was 27 when he was caught stealing for the first time. It was the summer of 1983. He was married with two daughters and worked for Norfolk Southern. He had been in the Army and attended college for two years, according to court records. Turner told police that he took an extra key that a neighbor had given his family and let himself into their house. He left with a television, two watches and $25 in coins, records show. He sold the TV set, but his father paid the neighbor for it, he told police. Turner was convicted of statutory burglary and grand larceny. Days after the first burglary, Turner stole and sold two more televisions. That led to another conviction, but he was sentenced to serve just one year for the first two crimes. In a 1984 letter from jail, Turner asked a judge to suspend the rest of his sentence. He wanted drug counseling and to go back to work. "I will do anything to keep my family together," he wrote. "Sir, please give me that chance." After his release later that year, he got a job at a Portsmouth restaurant. He was fired in less than a month. He started working for an electrical company, then quit. Meanwhile, a probation and parole officer told him to go to the Portsmouth Methadone Clinic. He never did, records show. Instead, he went on a crime spree that included forging checks from his former boss, stealing a woman's purse and taking jewelry and computer software from someone's home. In 1985, he pleaded guilty to more than 30 felonies and was sentenced to more than 30 years in prison. He would serve five years. Three years after his parole, he stole and cashed paychecks from his employer, Radva Corp., a packaging and container company. "If it weren't for the drugs," he told police, "I wouldn't have done none of this." He went back to prison and was released in 1997. After that, he received treatment for his drug addiction, but he repeatedly failed drug tests. "Turner was given several opportunities to clean himself up during the past 14 months," a probation and parole officer wrote in 2000. "However, he has continued with the same illegal, untruthful, and manipulative behaviors." In March 2002, after Turner graduated from the state detention program, Chesapeake police caught him stealing 41 boxes of Preparation H Cream from a Kmart. Narcotics officers said people sometimes take pharmaceuticals from discount stores to resell for drug money. During a two-year period ending that month, Turner visited pawn shops 26 times, according to Portsmouth police. He dropped off a range of items, from gospel CDs to gold rings, and pawned a $2,500 drill for $30. Turner's former employer at a Portsmouth trench-digging company eventually tracked down the drill. Turner was charged with embezzlement in August 2002. From jail, he wrote to Steve T. Miller, general manager of Atlantic Cable and Trench. He begged Miller to drop the charge. He said he wanted to be with his family. He said he had changed. "I had a drug problem and didn't understand how to stop," he wrote. "Everyone is trying to help so I hope you will." A few weeks later, another probation and parole officer wrote that Turner had failed to take advantage of help offered to him. Miller also said Turner squandered a chance to turn his life around. "I had a lot of faith in Glenn," he said. "I'm sorry it came down that way." At his April sentencing, Turner apologized for stealing the drill. Then he asked Circuit Judge Dean W. Sword Jr. not to add to the prison time he was already serving. Sentencing guidelines called for up to 3 1/2 years. The judge sentenced Turner to five years, with one year suspended. He now must serve a combined 12 years -- more than he has ever served at once. Turner tells people he wants a good life for himself and his family. But his brushes with the law have taken their toll. His wife, who worked as a bank teller, is no longer in the picture. There was a fiancee, but that relationship might not work out. Miller said he wishes the best for Turner. He described him as a quiet employee who inexplicably disappeared. "Would I hire Glenn back? No," Miller said. "Do I want Glenn to spend the rest of his life in jail? No way." - --- MAP posted-by: Richard Lake