Pubdate: Mon, 11 Apr 2005
Source: Sentinel And Enterprise, The (MA)
Copyright: 2005 MediaNews Group, Inc. and Mid-States Newspapers, Inc.
Contact:  http://sentinelandenterprise.com/
Details: http://www.mapinc.org/media/2498
Author: J.J. Huggins
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)

CHIEF: JUDGES GOING EASY ON DRUG DEALERS

FITCHBURG -- Fitchburg Police Chief Edward F. Cronin said many convicted 
drug dealers are receiving lenient prison sentences from local judges. "I 
don't pretend to be a judge," Cronin said. "I do know this, some people who 
are going through the state system do not get enough time." Cronin said he 
often turns to federal courts to prosecute violent, career criminals. "I 
try to push the federal system. I find the federal system to be a lot more 
serious," Cronin said. "They take it dead seriously." Fitchburg Police Sgt. 
Glenn C. Fossa said police may try to federally prosecute some of the 
suspects in recent crimes.

"I think we'll see some of the federal intervention in some of the recent 
cases that have been reported lately," Fossa said.

Fossa said several factors affect the local court system. "We know, as 
experienced law enforcers, that a lot of times at the local levels, it 
comes down to available beds at the jail, it comes down to sentencing 
guidelines, and heavy caseloads at the district attorneys level," Fossa 
said. "And they all play into what's interpreted as a lenient system." When 
asked about the sentences judges order for convicted drug dealers, 
Worcester defense attorney Peter L. Ettenberg said they give "tough ones." 
"I think the Commonwealth definitely looks at the circumstances, and the 
type of contraband that is involved," Ettenberg said. "I don't think it is 
a secret that the new designer drugs: oxycontin, heroin, cocaine ... are 
viewed more seriously than marijuana."

Ettenberg said when he is representing someone accused of drug dealing, he 
looks at several factors to determine if he should have his client make a 
plea bargain, or go to trial.

"I obviously want to know the circumstances in which my client was 
arrested. Was this a lengthy investigation? Was this a motor vehicle stop? 
Did this involve a search warrant?" Ettenberg said. "I want to see if there 
could be a legal challenge to the search of my client, or whether there was 
probable cause probable cause for the stop of my client's vehicle. If there 
is a solid basis for a legal challenge, I will pursue that."
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