From: Jim Rosenfield <[j n r] at [igc.apc.org]> Newsgroups: talk.politics.drugs Date: 13 Mar 93 07:24 PST Subject: The Farce of Mandatory minimum Sen WP 02/27 The farce of mandatory minimum sentences. Justice Mocked; The farce of mandatory minimum sentences. By Colman McCarthy A year ago Patricia Martorana, a 20-year-old woman I came to know and admire when she had been a gifted student leader at Vero Beach (Fla.) High School, was attending Valencia Community College in Orlando. She waited tables to earn tuition money. Her career plans included earning a degree to work for the Florida forestry department as a wildlife conservationist. Today Martorana is caged in a federal prison in Marianna, Fla. She is three months into a two-year sentence after plea bargaining to a charge of conspiracy to distribute LSD. I doubt if any member of Congress had Patricia Martorana or citizens like her in mind when the 1986 Anti-Drug Abuse Act was passed. Amendments that were a pitched response to get tough on drug offenders set mandatory minimum sentences. Judges were left with no sentencing options. The congressional intent was to cast a judicial net so wide and tight that, at last, drug lords and kingpins would be snared and given the stiff punishment they deserved. And members of Congress could champion themselves as winning the war on drugs. They're winning all right - small. Patricia Martorana, whose case is not unusual, according to legislative and judicial groups that monitor the effects of mandatory minimums, was a nonviolent first offender. She did not deal, buy, sell or use drugs. Her "conspiracy" to distribute LSD, as detailed in the plea agreement with a federal prosecutor, was marginal and fleeting at best. Last May, Martorana was phoned at home by an undercover agent posing as a buyer. He had been given her number by a high school friend of Martorana. The agent, along with a government informant who was cooperating to have time cut from his sentence from an earlier drug crime, was directed by Martorana to someone she knew at work who was a dealer. The agent paid him $1,340 for 1,000 dosage units of LSD. Martorana was given $100 as a commission by her co-worker. In a stakeout of the young woman's apartment, surveillance agents learned it was there that the dealer transferred the LSD to Martorana's high school friend, who then sold it to the undercover agent outside. For this role in a relatively minor drug deal set up by legal entrapment, and in a state teeming with violent and huge drug rings, a young college student is now a federal prisoner. When Martorana was sentenced in early November, a family member recalls, the judge expressed a sentiment of frustration routinely heard from the bench: the mandatory minimum sentencing law gave him no choice but imprisoning the student for two years. He was forbidden to consider that this was a nonviolent first offense or that Martorana's participation was small or that her mother recently died of cancer and her father is disabled. Probation, community service or counseling was out. On Feb. 17, Rep. Don Edwards (D-Calif.) introduced legislation calling for an end to mandatory minimums. He was responding to the increasing opposition to the restriction from the American Bar Association, judges in all 12 judicial circuits and the U.S. Sentencing Commission. Occasionally a jurist can no longer take it. In late 1990, a Reagan-appointed federal judge in San Diego resigned because of mandatory minimums: "They have destroyed the discretion of judges," J. Lawrence Irving said. "They are grossly unfair to the litigants. For the most part the sentences are excessive, particularly for first-time offenders." It works the other way, too, as in "guideline sentences." This is a process by which drug kingpins can bargain for lower sentences if they cooperate with prosecutors by fingering others in the ring. A mandatory sentence can be avoided by naming names. "The moral of this story," says Julie Stewart, director of Families Against Mandatory Minimums, a Washington advocacy group, "is that if you're going to get caught on a drug charge, be a kingpin. You can talk and get off lightly. It also means that those who have little or no information to bargain with get the hardest hit. They're the least guilty." FAMM's files bulge with cases of citizens serving drug sentences of 5, 10 and 20 years without parole chances for first and often minor offenses. Inside her Florida prison, Patricia Martorana sees the injustice up close: "There are women here serving 10 to 15 years on charges of drug conspiracy. They are doing more time than some murderers. I would say that over 50 percent of the women here are first offenders." All are doing hard time, compliments of a simplistic law passed - and kept on the books - by an unthinking Congress. In addition to brutalizing the lives of people like Patricia Martorana, justice itself is mocked. Forced to obey mandatory minimums, judges can't judge. They can only process, stamping defendants as they pass by like slabs of meat on a judicial conveyor belt. If the 1986 law has had a measurable effect on drug deals, it's news to the judges.