Great Barrington

CONTROVERSIAL DRUG CASES GO TO TRIAL

A number of controversial cases from the 2004 Great Barrington drug
investigation will reach the courts in 2006.

Following a months-long investigation into drug sales in and around
the Taconic parking lot in early and mid-2004, 19 people were charged
with drug violations, and 13 still have cases pending in Berkshire
Superior Court. Berkshire District Attorney David A. Capeless has
pledged to enforce the state's controversial drug-free school-zone
law, which mandates jail sentences even for first-time offenders. All
of the remaining 13 defendants face school-zone charges.

Lawyers for clients with pending cases said there have been some
overtures from the district attorney, who is said to be seeking
cooperation from defendants, but no promises have been made of
leniency. Capeless already prosecuted 18-year-old Kyle Sawin twice
for allegedly selling marijuana in a drug-free school zone. The first
ended with an undecided jury, and the second with an acquittal.

Seven defendants, including Sawin, were first offenders, charged with
making small-scale marijuana sales to an undercover police officer.
Since the deals took place within 1,000 feet of a school, a two-year
mandatory jail term applies. Lawyers representing other clients say
the tough school-zone law likely played a role in the acquittal,
leaving the jurors reluctant to hand out such a stiff penalty for
selling marijuana.

"At some point, (Capeless) is going to have to deal with them," said
one lawyer who asked not to be named. "I think he's trying to let
this (controversy) die down. They don't want to go to trial and lose."

The district attorney's insistence to prosecute the school-zone
charge prompted an outcry last year from South County residents who
formed a citizens' group to challenge Capeless.

Five other defendants who had prior records or more serious drug
charges have pleaded guilty and gone to jail or state prison.

Another who had a possession of marijuana charge only had her case
continued without a finding.