Pubdate: Mon, 16 Aug 2004
Source: Times Union (Albany, NY)
Copyright: 2004 Capital Newspapers Division of The Hearst Corporation
Contact:  http://www.timesunion.com/
Details: http://www.mapinc.org/media/452
Author: Ken Thurman, Staff writer
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)

SOARES CALLS FOR REFORM OF DRUG LAWS

Albany - Challenger in District Attorney Race Speaks at Church, Claims
State's Stance Fails to Halt Dealing

David Soares took his campaign for Albany County district attorney to
the pulpit Sunday, calling for a repeal to the tough Rockefeller Drug
Laws.

Soares was guest speaker at the Westminster Presbyterian Church on
State Street where he told congregants that the laws, which mandate
stiff prison terms for even minor drug offenses, are archaic and do
little to deter drug-related crime.

He said alternative approaches that emphasize treatment programs,
education and job opportunities are needed to effectively tackle the
problem.

"We need to stop creating criminals and start creating hope," said
Soares, who is making repeal of the drug laws the centerpiece of his
grass-roots campaign.

Soares, 34, is hoping to unseat his former boss and fellow Democrat,
District Attorney Paul Clyne, in a Sept. 14 primary. The Republican
candidate is Roger Kusick.

"Basically we have a law enforcement philosophy that focuses strictly
on buy-and-bust operations, but there are no long-term operations
designed to go after the big fish and the distribution network," said
Soares, a former community prosecutor in the Albany County District
Attorney's Office.

"The current policy is a failed one that does not address issues that
occur on our streets in terms of reducing drug trafficking," added
Soares, who said he was fired by Clyne earlier this year after he
announced that he was going to run for office against him.

He said that in most poor areas of Albany there are few employment
opportunities for youth, who might be tempted to join gangs or sell
drugs.

"But how many dope dealers can kids get jobs with. ... The answer is
right outside the door," he said.

"If we're not focusing on prevention or social infrastructure ... all
we are going to be doing is locking people up," he said.

Enacted in 1973, the Rockefeller Drug Laws -- named after former New
York Gov. Nelson A. Rockefeller -- mandate judges to use strict
sentencing guidelines for many minor and nonviolent drug offenses. In
most cases, the circumstances surrounding the offense cannot be taken
in account by the judge.

Often, according to Soares, the poor get caught up in the web of the
system. He also noted that the drug laws disproportionately affect the
minority community and that 93 percent of the 17,000 offenders
currently jailed under the laws are black or Latino.

While not excusing those who break the law, Soares said that often the
crime does not fit the punishment meted out.

For instance, some of the laws mandate that an offender must be
sentenced to 15 years for possessing even small amounts of narcotics.

Soares' appearance at the church Sunday was a precursor to a series of
open forums on the issue being sponsored by the faith-based
organization Arise -- A Regional Initiative Supporting
Empowerment.

The first forum will be held at 7 p.m. Wednesday at the Evangelical
United Church of Christ, 82 Clinton St. The Second Avenue, Delaware
Avenue and Mansion neighborhood associations also are sponsors.

Others are slated for Aug. 23 at the Bethlehem Public Library and
Sept. 2 at Christ the King Catholic Church, 90 Sumpter Ave.
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MAP posted-by: Richard Lake