Pubdate: Wed, 14 Nov 2007 Source: Times Argus (Barre, VT) Copyright: 2007 Times Argus Contact: http://www.timesargus.com/ Details: http://www.mapinc.org/media/893 Author: Susan Smallheer Bookmark: http://www.mapinc.org/people/Robert+Sand Bookmark: http://www.mapinc.org/pot.htm (Marijuana) LAWMAKERS JUMP TO PROSECUTOR'S DEFENSE WHITE RIVER JUNCTION -- Most of the Windsor County legislative delegation has called on Gov. James Douglas to withdraw his directive against Windsor County State's Attorney Robert Sand over his controversial decision to refer a marijuana possession case to court diversion. "Our concern is based on the integrity of county government, voters' rights and the well-established legal principle of prosecutorial discretion," read a portion of the two-page letter, signed by Sen. John Campbell, D-Windsor, Sen. Richard McCormack, D-Windsor, and 11 House members, all Democrats or Progressives. Not signing the letter was Sen. Alice Nitka, D-Windsor, and four Republican House members. "Not only does your order usurp the duties of Mr. Sand's office, it serves as a personal affront to the people of Windsor County who have repeatedly and overwhelmingly chosen to re-elect him as our state's attorney. The voters of Windsor County have the right to have our local elections respected. Your actions are in direct conflict with the oft-preached recognition of 'local control,' which we have heard you support and promote on numerous occasions," the legislators wrote. Jason Gibbs, Douglas' press secretary, said late Wednesday afternoon the governor hadn't seen the letter, but the order would not be withdrawn. Douglas ordered all state law enforcement officials, the state police and fish and wildlife wardens to forward any "significant" marijuana cases to the attorney general's office for prosecution. The Windsor County delegation also sent a similar letter to Attorney General William Sorrell, who had also been critical of Sand's decision regarding the case of Martha Davis, 61, of Windsor. The fact that Davis is a lawyer and until last week a part-time family court judge has prompted many to claim she was the beneficiary of special treatment. Gibbs said the governor's hotline had received "dozens" of calls last week from people protesting the Davis case. Davis, who originally faced two felony counts for possession of 2-1/2 pounds of marijuana and 32 small marijuana plants, was referred to court diversion. "This letter has nothing to do with the actual decision made by Bobby Sand. It has everything to do the governor has bypassed the voters of Windsor County. He's saying I don't care what the voters of Windsor County say," said Campbell, the Senate majority leader. Campbell, himself a former police officer, said that prosecutorial discretion is an important principle to defend. "The state's attorneys look at a lot of things. This is a first time offender, a model citizen, 61 years old. Were there extenuating circumstances? I don't know." Campbell said it was also very "disconcerting" for Douglas to "minimize the value of the court diversion program." "To describe this program as merely a 'get out of jail free card' is intemperate, inaccurate and insulting to the court diversion personnel and volunteers," Campbell wrote. Gibbs said Douglas is a strong supporter of court diversion. He said the governor was most concerned about the perception about a lack of equality in the Davis case. Campbell said court diversion lets people "who made a bad decision, have a second chance." "It's incumbent on us as a society on how best to help those folks who have made bad decisions," he said. Sand, who is preparing for an upcoming murder trial, didn't return a phone call. - --- MAP posted-by: Richard Lake