Pubdate: Sun, 16 Oct 2005
Source: Berkshire Eagle, The (Pittsfield, MA)
Copyright: 2005 New England Newspapers, Inc.
Contact:  http://www.berkshireeagle.com/
Details: http://www.mapinc.org/media/897
Author:  Ellen G. Lahr, Berkshire Eagle Staff

DRUG SENTENCES ARE DEBATED

GREAT BARRINGTON - On the topic of punishment for 16 South County
young people facing two years in jail for first-time drug offenses,
Selectman Peter L. Fish is out on a limb among his board colleagues.

Fish, at the board's meeting this week, went on record to say that,
because the first of the Taconic parking lot drug cases ended with an
acquittal in Berkshire Superior Court, District Attorney David F.
Capeless would have a better chance of conviction - and punishment
- - with reduced charges against those awaiting trial.

But other Selectmen were quick to pounce. Selectman Andrew Moro said
that the young people "broke the law, and if people don't like the
law, they should change the law." He blamed parents for failing to
supervise their children properly. The Selectmen "went out there
(urging police) to shut down this violence," said Moro, referring to
fights in the parking lot in early 2004, some of which were believed
to be drug-related.

Chairman Margaret Beckwith said that a number of young people caught
by police were charged as first offenders. "It was only their first
time getting caught. ... Something went wrong with that jury."

Fish was referring to the minimum mandatory two-year sentence that
faced 18-year-old Kyle Sawin of Otis, who admitted in court to selling
marijuana on two occasions to an undercover officer in the Taconic
parking lot. His first trial, in July, ended with a hung jury; his
second, in September, ended with an acquittal. His lawyer raised the
potential sentencing issue in questioning other drug defendants
awaiting trial, who testified against Sawin.

A juror who spoke out afterward said jurors believed that Sawin was
coerced by an undercover officer into two drug sales, following an
entrapment defense raised by his lawyer. The juror called the case a
waste of resources. Fish told his colleagues that he supports
punishment for those convicted of selling drugs, but he expressed
doubts that future juries will convict first offenders if there is no
other option than a two-year jail term. Later this week, he elaborated
further after the meeting, saying that he was unhappy that the Sawin
trial ended without any punishment, perhaps because the  sentencing
guidelines were unpalatable to the jury. "The defendant got away
without any punishment," Fish said. "For the remaining ones, why take
this all-or-nothing strategy and (instead) go for some  form of
punishment he's likely to get?"

He said he knew the board wouldn't sign onto his statement, and nor
will Capeless. Capeless, who has taken a hard-line stance in
connection with last year's drug investigation, has indicated that he
intends to proceed without reducing any charges.

Several other defendants awaiting trial testified against Sawin,
hoping to get leniency from the district attorney. However, they said
that no promises had  been made.

Moro, at Monday's meeting, said, "We're not done yet (investigating
drugs). There are a couple of other hot spots the Police Department is
working on." Other trials for some of the 16 remaining drug defendants
are scheduled for this month before Judge Daniel Ford in Superior
Court. Six more are first-time offenders charged with small-quantity
marijuana sales. Others are charged with selling harder drugs or have
prior records. In other business at their meeting  Monday, {snip}
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