Source: Times Union  Albany, NY
Author: John Caher, State Editor 
Contact:  Thu, 25 Dec 1997
Website: http://www.timesunion.com/

PATAKI FREES WOMAN JAILED ON DRUG COUNT 

Albany  Governor Awards Clemency In Celebrated 1980s Case Of A Harlem
Youth Given A Stiff Prison Sentence

A Harlem woman who was caught in the wide web of the Rockefeller drug laws
after selling cocaine for a dopedealing uncle was granted clemency
Christmas Eve by Gov. George E. Pataki.

Pataki's decision means that Angela Thompson, a 27yearold woman who has
spent eight years in prison, will be considered for parole release the week
of Jan. 19. Whether she is actually freed is a decision of the Parole Board. 

Opponents of the stiff drug laws promoted by former Gov. Nelson A.
Rockefeller have long pointed to the Thompson case as a classic example of
why the laws should be repealed. Even the Court of Appeals, the state's
highest court, expressed grave reservations about the harsh laws when it
upheld the legality of the sentence imposed on Thompson.

Records show that in 1988, Thompson, a 17yearold woman who had grown up
in a variety of places and with a variety of guardians, came under the wing
of her uncle, Norman Little, a major drug dealer in Harlem. Thompson, who
was a "mule,'' or drug carrier, for her uncle, got caught selling $2,000
worth of crack cocaine to an undercover police officer. The amount of
cocaine was just barely over the 2ounce benchmark that raised the offense
level to that of an A1 felony, which, under the Rockefeller laws, carries
a mandatory minimum sentence of 15 years to life.

The sentencing judge declared the mandatory term "cruel and unusual
punishment'' in violation of the state and federal constitutions and
imposed an eightyear sentence. A midlevel appellate court upheld the
decision. But the Court of Appeals ruled in 1994 that the sentence  while
harsh  was legal and that it is the job of the Legislature, not the
judiciary, to establish sentencing rules.

"The harsh mandatory treatment of drug offenders embodied in the 1973
legislation has failed to deter drug trafficking or control the epidemic of
drug abuse in society, and has resulted in the incarceration of many
offenders whose crimes arose out of addiction and for whom the cost of
imprisonment would have been better spent on treatment and
rehabilitation,'' Judge Howard A. Levine wrote for the majority.

Two dissenting judges, Joseph W. Bellacosa and Carmen Beauchamp Ciparick,
urged their colleagues to take on the task of sentencing reform and argued
that the penalty imposed on Thompson was so extreme and cruel that it
virtually begged for judicial intervention. Bellacosa and Ciparick noted
that Little had received the same sentence as his niece, even though he was
a threetime felony loser.

With the high court's 42 ruling, Thompson would not be eligible to apply
for parole until the year 2004, after serving twothirds of her term.

Ironically, it was Pataki, who claims the high court is soft on crime and
panders to criminals, who gave Thompson a break.

The governor noted that Thompson earned a high school equivalency degree in
prison and has taken several college courses. He also said Thompson, who
gave birth three months after she was locked in state prison, has
participated in parenting, career awareness and drug abuse programs.

Further, Pataki said, Thompson was a supervisor for an imprisoned mothers
support group and volunteered to be a care provider and story teller to
visiting children.

Thompson was among three state prison inmates whose terms were commuted by
Pataki on Wednesday. The others were:

Jose Lamberto, a 44yearold, firsttime offender who was convicted in 1988
of drug sale and possession charges. Lamberto, who has spent 10 years
behind bars, earned a college degree in prison, completed drug abuse
programs and became involved in religious services.

John Staley, 58, who has served 13 years of his 15year sentence for drug
possession. In prison, Staley became an ordained minister who has counseled
other inmates.

"While I remain firmly committed to continuing our successful efforts to
fight crime, these individuals have worked hard to earn a second chance,''
Pataki said. "They used their prison terms in a positive manner, and have
dedicated themselves to becoming productive members of society.'' 

Copyright 1997, Capital Newspapers Division of The Hearst Corporation,
Albany, N.Y.