Pubdate: Thu, 16 Sep 2004
Source: New York Times (NY)
Copyright: 2004 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: Al Baker
Cited: Drug Policy Alliance Network http://www.drugpolicy.org/about/
Bookmark: http://www.mapinc.org/find?140 (Rockefeller Drug Laws)

DEMOCRATIC STRONGHOLD JOLTED IN ALBANY

ALBANY, Sept. 15 - In an election that was largely a referendum on the 
state's unpopular Rockefeller drug laws, a political neophyte who vowed to 
soften the laws defeated the incumbent Albany County district attorney in a 
surprising blow to the state capital's political establishment.

By an unofficial tally of 14,030 to 8,684 votes, the newcomer, P. David 
Soares, vanquished his onetime boss, Paul A. Clyne, in the Democratic 
primary on Tuesday. Many said the battle had symbolic historic overtones: 
not only does Mr. Clyne largely favor the Rockefeller drug laws, but his 
father, the former Albany County court judge John J. Clyne, also sentenced 
Elaine Bartlett to 20 years to life for her first offense of selling four 
ounces of cocaine. That case and Ms. Bartlett's 16 years behind bars were 
often cited in arguments for overhauling the drug laws.

The upset was a major setback for Albany's once powerful Democratic 
political organization and the city's current Democratic mayor, Gerald D. 
Jennings, who sometimes aligns himself with the Republican governor, George 
E. Pataki.

Perhaps more significant, Mr. Soares's victory showed that the Rockefeller 
drug law issue had traction at the ballot box, and that it could pose a 
threat to state lawmakers who have failed - despite repeated annual 
promises - to change the drug-sentencing laws signed by former Gov. Nelson 
A. Rockefeller more than 30 years ago.

In an interview on Wednesday, Mr. Soares, 34, said that changing the laws 
became the centerpiece of his campaign. He said it was largely because Mr. 
Clyne, 44, was seen as the public face of opposition to reformers' main 
idea of giving judges discretion to divert those convicted of drug crimes 
to treatment programs rather than long prison sentences.

Mr. Soares said if he wins in the November against Roger Cusick, the 
Republican candidate, he would provide more access to treatment and 
"exercise intelligent use of prosecutorial discretion."

At the same time, he said he would testify to lawmakers, if called, and 
serve as an example to other district attorneys in New York in arguing why 
the laws need to be changed.

"It is inherently unfair and creates a low standard for law enforcement," 
Mr. Soares said of the current system. He called the punishments 
disproportionate to the crimes.

The primary result was also a boost to the Working Families Party because 
it highlighted the party's powers to organize, raise money, make phone 
calls and knock on doors, as it did in aiding Mr. Soares in a county where 
registered Democrats outnumber Republicans by 82,300 to 43,516, as of February.

Recently, Letitia James of the Working Families Party won a seat on the New 
York City Council. In the spring, the party successfully pressured the 
Republican-led State Senate to raise the state's minimum wage, a move that 
Governor Pataki vetoed.

For his part, Mr. Clyne pointed out how the Drug Policy Alliance Network, a 
foundation chaired by the billionaire philanthropist George Soros, recently 
sent at least $80,000 in campaign contributions to the Working Families 
Party. Mr. Clyne called it proof that his opponent's campaign was 
bankrolled by people in New York City who improperly funneled the money to 
Mr. Soares, a claim that his opponents have rejected. 
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MAP posted-by: Richard Lake