Pubdate: Sun, 28 Feb 1999 Source: Standard-Times (MA) Copyright: 1999 The Standard-Times Contact: http://www.s-t.com/ Author: Polly Saltonstall, Standard-Times staff writer HEROIN DEALERS BAG A 'BREAK' The increased purity level of heroin is making it easier for drug dealers to avoid heavy criminal penalties, says District Attorney Paul Walsh. A person caught with 10 bags might walk out of court with a $100 fine and no jail term, he noted. "Often people with heroin convictions get off easier than those caught for drunk driving," he said. The purer and more powerful the supply, the smaller the dose required to produce a high or rush. That allows dealers to package heroin in weights that remain below mandatory sentencing guidelines, the district attorney said. Minimum mandatory sentencing guidelines dictate that a dealer must be caught with 14 grams or more of heroin in order to be prosecuted for trafficking. But one glassine bag of heroin contains as little as a 100th of a gram, which means a dealer has to be caught with close to 1,400 bags before he or she can be charged with trafficking. That represents an extremely large amount of heroin. "If you can stay under that radar screen, you can make oodles of money and pretty much get away with it," Mr. Walsh says. The minimum mandatory guidelines for cocaine trafficking also is 14 grams. But unlike heroin, that amount of cocaine could theoretically be enough for just one person, police said. "You'd think it would be much easier to prove trafficking cases with heroin than cocaine, but in reality it's the opposite," said New Bedford Police Lt. Melvin Wotton. "Heroin is much tougher." The minimum mandatory sentence for heroin trafficking is five to 20 years, compared to three to 15 years for cocaine trafficking, he said. The number of heroin trafficking cases handled by the Bristol County District Attorney's Office rose from nine in 1996 to 12 in 1998, while cocaine trafficking cases went from 68 to 78. Mr. Walsh said the state's district attorneys have tried unsuccessfully in the past to persuade the Legislature to lower the minimum mandatory guidelines for heroin. He expects a similar effort again this year. - --- MAP posted-by: Don Beck