Pubdate: Thu, 15 Jul 1999
Source: Houston Chronicle (TX)
Copyright: 1999 Houston Chronicle
Contact:  http://www.chron.com/
Forum: http://www.chron.com/content/hcitalk/index.html
Page: 31A
Author: Ed Asher

PRISON ESCAPE PROMPTS FIERY LETTER FROM FEDERAL JUDGE

A federal judge has scolded prison officials for transferring a Houston
drug dealer serving a 21-year sentence to a minimum-security prison camp,
from which he escaped last month.

In an angry letter to the Federal Bureau of Prisons director, U.S. District
Judge David Hittner said it was "highly inappropriate" to place Miguel
Rocha in a minimum-security facility.

Rocha, 50, sentenced by Hittner in 1990 to 262 months for importing cocaine
and conspiracy to distribute it, walked away from the camp in Oakdale, La.,
on June 8, and has not been recaptured.

"I think this should be of significant concern to the public that a person
is sentenced to in excess of 20 years in a federal penitentiary for major
drug crimes and he is permitted to just walk away," Hittner said Wednesday.

"It's also a concern for judges who sentence these individuals, and it
should be of some concern to Congress, as federal prison sentences are to
be without parole.

"For a major drug offender to be assigned to a facility reserved for
individuals convicted on business-oriented, non-drug-related crimes is
quite disturbing."

In her response letter to Hittner, Kathleen Hawk Sawyer said Roche's
transfer from a regular prison was appropriate because he had no history of
escape or violence and was nearing the end of his sentence.

"Our objective," she wrote," is to place each inmate in the lowest security
level facility for which they qualify within reasonable proximity to their
release residence, while maintaining population balance throughout the
Bureau of Prisons."

The placement of inmates "allows for professional judgment within specific
guidelines based on the offense and behavior which resulted in the
conviction," Sawyer said.

Prison policy permits inmates within 120 months of their release date to be
placed in minimum-security facilities.

Rocha was incarcerated in October 1990 and, with time off for good
behavior, was to be released July 25, 2008.

He initially was assigned to a "more secure" facility, but was transferred
to the camp in February. The camp has no fences, a Bureau of Prisons
spokeswoman said.

"I'm not sure what my next step will be," Hittner said.

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