Pubdate: Sun, 09 Oct 2005 Source: Boston Globe (MA) Copyright: 2005 Globe Newspaper Company Contact: http://www.boston.com/globe/ Details: http://www.mapinc.org/media/52 Author: Jenna Russell, Globe Staff Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) DRUG BUST LEADS TO DOUBTS ON SENTENCING Arrests split town in the Berkshires GREAT BARRINGTON -- Kyle Sawin was seen as a good kid in this sleepy resort town of 7,500, an honors student at the local high school who helped out at his parents' seafood business. But when Sawin was arrested with 16 others on charges of selling drugs near a school, none of that mattered to local prosecutors, who pushed for mandatory two-year sentences for all of them. The decision to prosecute as seasoned drug dealers Sawin and six other alleged first-time offenders has divided Great Barrington, and thrust the scenic Berkshires town into the center of nationwide debate over whether the punishment for those who break the law should depend on the kind of lives they lead. ''These aren't thugs, they're not tough, and they're being thrown in with hardened criminals," said Peter Greer, 50, a former Wall Street executive. Greer is one of a vocal group of residents who say young people caught selling small amounts of marijuana, but who have never been in trouble before, should be punished less severely than those peddling more dangerous drugs like cocaine and heroin. Berkshire District Attorney David F. Capeless disagrees, along with others interviewed for this story who believe in tough punishment for anyone who sells drugs. Capeless said he would not treat first-time drug dealers in Great Barrington differently than similar offenders in communities where drug arrests are more frequent, such as the city of Pittsfield, a poorer community 20 miles to the north. ''These people didn't complain when we were doing it up in Pittsfield," said Capeless. ''Where have they been for the last 15 years?" Best known as a hot spot for summer theater and the birthplace of W.E.B. Dubois, Great Barrington is small enough, residents say, that many in town recognized the names and faces of some of the accused drug dealers. ''My first thought was, 'Great . . . they're cleaning it up,' " said Steven Picheny, 64, a local businessman who helped form Concerned Citizens for Appropriate Justice, a group that supports more lenient punishment for the seven first-time offenders charged with selling marijuana. ''Then I talked to one of the parents, who was so distraught, and I started to think, something's not adding up. It could have been my kids, and I'm outraged that two years could be the sentence." The other 10 people arrested were charged with selling cocaine, ecstasy, or ketamine, an anesthetic used by young clubgoers. Picheny and other locals who have protested the proposed sentences for the seven first-time offenders charged with selling marijuana say they did not know most of the affected families well. They say their support for Sawin and the other first-time offenders was motivated by principle rather than social connections; Greer said he would gladly support a similar project in Pittsfield, though he qualified that by adding that any such effort should begin with local citizens. The drama began unfolding last summer, when local police asked the county drug task force to help respond to disturbances in a parking lot outside the Triplex Cinema. Groups of teenagers were hanging out at all hours and scattered fights would break out, frightening residents. An undercover detective began spending time there, getting to know the crowd of young regulars. Over several months, police and prosecutors say, he bought drugs from many of them. The small parking lot, surrounded by upscale shops and galleries in the heart of Great Barrington's picturesque downtown, lies just steps from the sidewalks of Main Street, and also within 1,000 feet of a school. That led to an additional charge against anyone caught selling drugs in or near the parking lot: selling drugs in a ''school zone," which carries a mandatory minimum sentence of two years in jail under state law. Common across the country, mandatory minimum sentences have been lauded for boosting consistency but blamed for filling prisons with nonviolent offenders. In Massachusetts, the laws are inconsistently applied, said Michael Traft, a Boston lawyer and member of the Massachusetts Sentencing Commission. Some prosecutors press the school zone charge routinely, while others commonly drop it in order to reach plea agreement, Traft said. The commission has repeatedly proposed legislation that would allow judges the discretion to weigh the defendants' individual circumstances and lighten a mandatory sentence. Capeless, a Democrat elected two years ago, said his office always invokes the school zone law when it applies, and that this policy has helped the county build a reputation for toughness that keeps some drug dealers from doing business there. The group of citizens, led by Greer and Picheny and involving about a dozen others, including the mother of one of the accused teenagers, has become increasingly vocal in advancing the argument that first-time offenders caught selling marijuana should receive lighter punishment. The group meets weekly, and has spent about $5,000 on newspaper advertisements and a billboard near downtown Pittsfield attacking the district attorney for his ''extreme" approach. Residents on both sides of the issue say they believe the news media campaign was influential in Sawin's acquittal last month, in the first trial of the seven first-time offenders. Sawin was found not guilty even though he acknowledged selling marijuana to the undercover officer. Sawin's lawyer, Judy Knight, argued in court that he was pressured by the officer to sell the drug. In an interview, she said her client has stopped using drugs, has graduated from high school, and is now working as an assistant manager at a grocery store. ''This has been hell for him," she said. Defenders of Sawin and the six others argue that first-time offenders charged with selling marijuana would be more likely to learn their lesson if they were put on probation, sent to drug counseling, and ordered to do community service. ''To ruin someone's life for an offense that's so common, and in my mind harmless, is absurd," said Matthew Rubiner, 40, whose gourmet cheese shop is located near the small, busy parking lot where the drug cases began. ''I know some of these kids, and I reckon I could draw a clear line between the good kids who went a little astray and the really troubled kids," he said. Like other business owners, Rubiner expressed satisfaction over the calmer, cleaner atmosphere since the arrests; he said the improvement to the area is ''palpable" and vital to his plans to expand his shop, housed in a gracious old bank building with high ceilings, to include a patio cafe by the parking lot. Even so, he believes those who sold cocaine and ketamine should ''get what they get," while those who sold marijuana should get something less. Another business owner who declined to give his name said all drugs are dangerous, and all dealers should be prosecuted ''to the fullest extent. What if they sell drugs to someone who runs over my grandchild?" Several other people who support the district attorney also declined to give their names to a reporter, citing fears of criticism if their views were known. But John Beckwith, 68, a retired Great Barrington police officer and former selectman, said the citizens' campaign and Sawin's subsequent acquittal had sent a dangerous message to young people, suggesting that they can ''do anything and get away with it." - --- MAP posted-by: Larry Seguin