Pubdate: Thu, 28 Mar 2002
Source: Tribune Review (PA)
Copyright: 2002 Tribune-Review Publishing Co
Contact:  http://triblive.com/
Details: http://www.mapinc.org/media/460
Author: Robert Baird

DA TO APPEAL JUDGE'S DRUG RULING

District Attorney Stephen A. Zappala Jr. filed notice Wednesday that he 
will appeal the decision of an Allegheny County judge who ruled a state 
statute unconstitutional in connection with the Ecstasy drug death of a 
16-year-old girl.

Deputy District Attorney Michael Streily, chief of Zappala's appeals 
section, notified Common Pleas Judge Jeffrey Manning that his March 12 
ruling in the case of Greg Ludwig, 20, of Rochester, Beaver County, will be 
appealed to state Superior Court.

Manning had granted a habeas corpus petition dismissing a third-degree 
murder charge against Ludwig in the death of Brandy French of Economy 
Borough, Beaver County

Because Manning's decision declared a state statute unconstitutional, a 
provision of the law allows that portion of the appeal to go directly to 
state Supreme Court.

Zappala said the appeal of the habeas corpus decision would normally go to 
state Superior Court, while the constitutional question would go to the 
Supreme Court. He said he will ask that the two matters be joined in the 
high court.

"We do have several cases we are actively pursuing of kids dying from the 
use of drugs. It's important to get a clarification of this law. We think 
the statute is defensible" on constitutionality, Zappala said.

French died May 19 after allegedly taking Ecstasy the night before at the 
Post-Gazette Pavilion near Burgettstown, Washington County.

According to testimony at a coroner's inquest, Ludwig sold the drug to a 
friend of French's who had paid $20 for the pill. French took the pill at 
the X-Fest concert and became incoherent, lost consciousness and died later 
at a hospital.

Manning ruled that the statute of drug delivery resulting in death was 
unconstitutional because it didn't require a showing of malice, which is a 
required element for third-degree murder.

The judge said there was no evidence of malice by the defendant, an 
intention to inflict serious bodily harm or an indifference to the value of 
human life. Manning said the statute was vague and lacked due process of law.

Ludwig, who is free on bond, still faces a charge of delivery of a 
controlled substance, which isn't expected to be tried until the appeal is 
decided. The appeal could take six months to a year to be heard.

Zappala said his office will ask the Supreme Court to revisit a 1973 case 
in which it ruled that malice can't be assumed in a case where death 
results from the delivery of a drug.

"It's a different public policy today," he said. "If the court believes the 
law is clear enough, we believe it puts drug dealers on notice that they 
will be charged with murder if they sell drugs that result in death."
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