Pubdate: Mon, 18 Sep 2006
Source: News Journal (DE)
Copyright: 2006 The News Journal
Contact: http://www.delawareonline.com/newsjournal/opinion/index.html
Website: http://www.delawareonline.com/newsjournal/
Details: http://www.mapinc.org/media/822

TAINTED DRUGS LED TO CREATIVE APPROACH IN US ATTORNEY'S CHARGES

The message that U.S. Attorney Colm Connolly sent on Thursday to 
dealers of deadly fentanyl-laced heroin was needed.

They face mandatory federal jail time -- from 20 years to as much as 
life in prison -- when their tainted batches of dope kill or 
seriously harm buyers.

This is the first time in Delaware that prosecutors have invoked a 
federal law with no regard for a criminal's intent. It's a tough call 
needed for tough times in drug enforcement.

Across the country, at least 300 deaths, and hundreds more non-fatal 
overdoses, have been blamed on fentanyl-laced heroin just this year.

Since April, more than 30 heroin overdoses have been reported in 
Delaware, including nine known deaths.

A Dover man was among those deaths. He allegedly purchased the 
tainted heroin from Joseph Bentley, a suspected New Castle-area drug dealer.

Three days after the user's death, wiretaps of phone conversations 
between Bentley and his father, a Delaware Correctional Center 
inmate, recorded the son learning that his batches were tainted. He 
also said a second person died, but gave no name.

But even this news did not stop Joseph Bentley from selling his bad 
batches; that is until his May 5 arrest, police say.

Mr. Connolly's use of this law is meant to address this kind of 
egregious disregard for life.

Tainted drugs are not likely to go away. A criminally minded genius 
keeps them fueling the illegal drug trade around the world. 
Consequently, law enforcement authorities must be equally imaginative 
and creative within the bounds of the law.

Critics worried about the de-emphasis on dealers' intent should weigh 
that concern against the consequences of a dealer's lack of regard 
for their victims' lives.
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