Pubdate: Fri, 14 Jan 2005
Source: New York City Newsday (NY)
Copyright: 2005 Newsday, Inc.
Contact: http://cf.newsday.com/newsdayemail/email.cfm
Website: http://www.nynewsday.com/news/printedition/
Details: http://www.mapinc.org/media/3362
Author: Karen Freifeld, Staff Writer
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

ROCKEFELLER DRUG LAW REFORMS TAKE EFFECT

With reforms in New York's strict drug laws taking effect Thursday, a Miami 
man given a 15-years-to-life sentence in Manhattan more than two years ago 
filed court papers in the hope his remaining prison time can be cut nearly 
in half.

Roberto Oms, 30, was convicted in 2002 of selling heroin to an undercover 
agent at the Palace Hotel. It was his first offense, according to Manhattan 
attorney Ronald Kuby, and he had turned down a plea deal that would have 
resulted in a 5-year sentence.

"Robert Oms played a minor role in a drug deal," Kuby said in a phone 
interview. "The judge reluctantly sentenced him, saying if the day ever 
comes when the law is changed, come back. That day came today."

After more than three decades of the severe drug laws enacted under Gov. 
Nelson Rockefeller, Gov. George Pataki signed legislation reducing 
mandatory minimum sentences for drug offenses. The law went into effect 
yesterday.

Maggie Gandasegui, a spokeswoman for the special narcotics prosecutor, said 
the office is reviewing all cases that might be eligible for resentencing 
under the new law, including Oms'. The office has received motions for 
reduced sentences on behalf of three other inmates because of the reform, 
she said.

Oms appears to have a good shot at a reduction. In a transcript attached to 
his motion for resentencing, state Supreme Court Justice Roslyn Richter 
says she adjourned Oms' 2002 sentencing several times, thinking that the 
Legislature might change the laws.

"If I had a choice and the minimum was less, I might sentence the defendant 
to something else," Richter said at the time. "Should the Legislature 
decide to change the sentencing law, I'm always open to hearing from 
counsel ... " Kuby said Richter now may reduce Oms' sentence to the new 
minimum of 8 years.

With time off for good behavior, he said, Oms could be released in four years.

The defense papers suggest he's been a model prisoner, working as a 
teaching assistant at the Green Haven Correctional Facility for two years, 
taking courses in French and legal research and attending Narcotics Anonymous.

He also comes from and has remained close to his hardworking family, the 
papers say. His Cuban parents left Spain for the United States in 1986. His 
father worked for the Miami Symphony Orchestra. and his mother worked as a 
choreographer and ballet instructor for the Dade County public schools for 
18 years. They also founded their own fine arts school.

Oms attended Miami-Dade Community College and worked as a marketing 
director for a magazine. He also worked as a construction worker. The 
filing is filled with submissions from friends and family vouching for him.
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