Pubdate: Wed, 14 Sep 2005
Source: North Adams Transcript (MA)
Copyright: 2005 New England Newspapers, Inc.
Contact:  http://www.thetranscript.com
Details: http://www.mapinc.org/media/3745
Author: Rich Azzopardi, Berkshire Eagle

GREAT BARRINGTON SCHOOL-ZONE DRUG TRIAL STARTS OVER

PITTSFIELD -- For the second time this summer, prosecutors Tuesday began to 
lay out their case against an 18-year-old man snared in a controversial 
drug sting in Great Barrington.

Kyle W. Sawin of Otis faces three counts each of distribution of marijuana 
and committing a drug violation in a drug-free school zone in connection 
with sales he allegedly made to an undercover officer in the parking lot of 
the former Taconic Lumber store last summer.

A mistrial was declared in July after a Berkshire Superior Court jury 
failed to reach a unanimous verdict in the case. If convicted of the school 
zone offenses, Sawin faces a mandatory minimum 2-year jail sentence.

In his opening statement, Assistant District Attorney Richard M. Locke said 
Sawin sold marijuana to undercover Berkshire County Drug Task Force member 
Felix Aguirre, three times during the four-month investigation that 
eventually netted 18 arrests.

Authorities said Sawin's sales, which allegedly occurred on June 30, 2004, 
July 6, 2004, and Sept. 3, 2004, took place in the vicinity of the lot, 
which is within 1,000 feet of both the Great Barrington Cooperative 
Preschool and the Searles/Bryant middle school.

Sawin's attorney, Judith Knight contends that her client, who admitted to 
being a marijuana user, was the victim of entrapment targeted by a "wolf in 
sheep's clothing."

"Kyle would no sooner pull into the parking lot than Felix Aguirre would be 
in his face (asking Sawin to sell him drugs)," Knight said to the 
eight-woman, six-man jury. "And finally Felix Aguirre broke him down."

Locke said the evidence presented in his case would prove that no 
arm-twisting took place.

"There was no yelling, or screaming, or threats to this young man," the 
prosecutor said. "He sold marijuana to the police officer freely, willingly 
and voluntarily."

Authorities began their sting amid complaints from local residents of drug 
activity taking place in the lot, which had long been a hangout for teens 
and young adults, Locke said.

Seven of the defendants nabbed in the undercover operation -- including 
Sawin -- had no previous record and were accused of selling small 
quantities of marijuana.

In the wake of the Taconic probe, a grassroots group, Concerned Citizens 
for Appropriate Justice, formed and sought to persuade District Attorney 
David F. Capeless to drop the school-zone charges against the marijuana 
defendants.

Capeless refused, stating that it had been his office's policy to uniformly 
pursue school-zone violations in any case where they apply.

Two of the other defendants facing marijuana charges, John Rybacki and 
Justin Cronin, testified against Sawin during his first trial in July.

Both men are slated to testify against Sawin in this second trial, as is a 
third man facing marijuana charges from the sting, Christopher Gennari, 
attorneys said Tuesday.

This second trial is scheduled to resume in Judge John A. Agostini's court 
today with the testimony of Great Barrington Police Officer Paul Storti, 
who began his direct examination today.
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