Pubdate: Sat, 27 Aug 2005
Source: Berkshire Eagle, The (Pittsfield, MA)
Copyright: 2005 New England Newspapers, Inc.
Contact:  http://www.berkshireeagle.com/
Details: http://www.mapinc.org/media/897
Author: Alan Chartock
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

I, PUBLIUS PETITION MAKES VALUABLE POINT

Former Police Officer and Selectman John "Bootsy" Beckwith is circulating a 
petition in support of District Attorney David F. Capeless. Capeless, of 
course,  is enforcing the law in what has come to be known as the Great 
Barrington parking lot controversy.

A group of teens and a few post-teens were rounded up when an undercover 
police officer allegedly bought drugs from several of the young people. A 
mandatory sentencing law applies to anyone who is convicted of selling 
drugs  around schools, and virtually all of Great Barrington is covered 
under the law. Some people think that the punishment is too severe and that 
it will ruin lives.

Bootsy has a point, one that has been made in this column many times. 
Everyone, regardless of color or ethnic group, should be treated equally 
under  the law. There is no reason why a black teen, for example, should go 
to prison while a white middle-class kid receives a far lighter sentence. 
Beckwith is right that those who allegedly engaged in the sale of drugs 
ought to be treated equally. The Great Barrington parking lot is a much 
better and happier place these days. Once the alleged criminal activity 
ceased, so did a  lot of the other disorderly behavior that went on there. 
Mayor Rudolph Giuliani  proved the point in New York City.

When he prosecuted minor crimes, the number of major crimes, up to and 
including homicides, took a nose dive. The crime-challenged city of 
Pittsfield ought to pay attention to this kind of approach. I am sure that 
D.A. Capeless understands this, considering the rash of serious crimes 
occurring in the very city where he has his office. Selling marijuana, as 
wrong as that may be, is nothing compared with, let's say, murder.

In the meantime, one of the prosecutions coming from the parking lot 
roundup led to a hung jury that some folks think was a case of jury 
nullification concerning the mandatory sentencing law. State Rep. William 
"Smitty" Pignatelli courageously announced that he would offer a bill 
allowing judges some leeway in  handing down sentences. After all, the 
whole point here is that the D.A. is  doing his job and the fault lies not 
with him, but with the law and the Legislature that passed it.

In the meantime, it's a pleasure to see the increased police presence on 
the streets of Great Barrington. It's about time. More cops on the beat 
will deliver  the message that this small town is unwilling to have 
economy-generating tourists and town residents hassled.
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MAP posted-by: Elizabeth Wehrman