At a campaign stop in East Harlem, Mr. Cuomo offered an alternative plan for the sentencing of low-level drug offenders, and accused his Democratic opponent, H. Carl McCall, and Gov. George E. Pataki of failing to change the "antiquated criminal justice system." Mr. Cuomo called the existing laws "probably the most personal, the most human manifestation" of Albany's failings.

By going further than his two major opponents in his opposition to the Rockefeller drug laws, Mr. Cuomo was clearly trying to capitalize on an issue that has resonated with traditionally Democratic voters, but primarily with blacks and Hispanics, who account for more than 90 percent of the 19,000 people in prison for drug offenses.

Mr. Pataki, a Republican who is seeking a third term, has sought support from Latino voters and has repeatedly told Spanish-speaking audiences that he is fighting to change the laws. But the issue went nowhere in Albany again this year, with the governor and legislative leaders unable to agree on a plan for reform.

For his part, Mr. McCall, the state comptroller who is Mr. Cuomo's opponent in the Sept. 10 Democratic primary, has called for changes in the sentencing, which a growing chorus of critics has characterized as unduly harsh.

Those trying to change the laws — passed in the days when drug use was on the rise and the criminal justice system was seen as lenient on drug crimes — say they have resulted in first-time, nonviolent offenders' serving 15 years or more in prison when many would be better served by drug treatment. The critics also said that, by removing judges' discretion, the laws have resulted in low-level drug addicts facing longer sentences than drug kingpins.

Mr. McCall has regularly accused the governor of paying nothing more than "lip service" to the issue and says he supports drug legislation proposed by the Democratic-led State Assembly.

Even yesterday, after being informed of Mr. Cuomo's position, Mr. McCall saved his harshest words for Mr. Pataki. "Let's be clear," Mr. McCall said at a campaign event in Lower Manhattan in which he accepted the endorsement of Council 1707, the union of day care, home care and social service workers. "The reason the Rockefeller drug laws are still in effect is George Pataki for the last eight years has been governor. And during that period, he has not provided the leadership to change them."

Under Mr. Cuomo's proposal, a commission would develop new sentencing guidelines that would take into account not only the amount of drugs involved, but the role of the defendant in the crime.

At the same time, Mr. Cuomo sought cover from accusations of being soft on crime by proposing additional penalties for the use of a deadly weapon in any crime.

Asked how he would persuade a Republican Senate to repeal the laws, Mr. Cuomo said he would "explain it to the people" and let them tell their representatives.

Robert Gangi, a leading opponent of the drug laws, said Mr. Cuomo's proposal went beyond any he had heard from a "mainstream political figure" in a statewide race. "It's clear that he has separated himself from the pack on this issue, and it's a brave and commendable move," he said.

Mr. Gangi's group, the Correctional Association of New York, has long advocated the wholesale repeal of the existing sentencing laws, but that has come to be thought of as a political impossibility in Albany. In May, Mr. Pataki made a proposal that would have done away with life sentences and parole, but left mandatory minimum sentences in place. Some opponents of the laws said the plan could conceivably result in longer sentences for offenders.

Another sticking point was the degree of discretion judges would have under the Pataki plan, which would leave the decision about who gets drug treatment in the hands of prosecutors. The Assembly agreed, as long as their decision could be appealed to a judge. But Democrats balked at the strict guidelines the governor wanted those judges to follow.

Still, the governor has said he is in favor of reform. His administration, sensitive to criticism on the issue, has twice objected to a Spanish-language commercial attacking the governor's proposals for change. Although the administration's complaints were based in part on their own mistranslation, two television stations pulled the commercial.

Yesterday a Pataki spokeswoman defended his record. "This is the first governor in 30 years that has advanced a comprehensive plan for reform of the Rockefeller drug laws," said Jennifer Farina, the spokeswoman. "We're working hard with the Legislature, and hopefully the Legislature is ready to work with us."

The talk of drugs prompted a reporter to ask Mr. Cuomo whether he had ever used illegal substances. "I have tried marijuana in my youth," Mr. Cuomo said, but he refused to say whether he had enjoyed it.

Mr. McCall, when asked a similar question, answered, "It doesn't matter." Addressing the news media, he asked, "Would you care whether somebody you voted for smoked pot or not?" A spokesman for Mr. McCall later said the candidate had not used illegal drugs.

Mr. Pataki, in his first campaign for governor, admitted to the use of marijuana in his youth.

Meanwhile, in a response to reports last week that Mr. Cuomo has been paying less than a quarter of the advertised rent for his campaign headquarters, Assemblyman Keith Wright, the chairman of the New York State Standing Committee on Election Law, released a letter to the State Board of Elections asking for an investigation, claiming that the arrangement amounted to an in-kind donation that far exceeded campaign finance limits.

Mr. Cuomo's campaign has said that he agreed to certain conditions, including moving out immediately if another tenant were found, that lowered the value of his lease.

The Board of Elections had not yet received the letter, a spokesman said yesterday.

Complete Title: Cuomo Urges Repeal of Rockefeller Drug Laws and Offers New Sentencing Plan

Source: New York Times (NY)
Author: Shaila K. Dewan
Published: August 6, 2002
Copyright: 2002 The New York Times Company
Contact: letters@nytimes.com
Website: http://www.nytimes.com/

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http://cannabisnews.com/news/thread13290.shtml

Swapping Blame as Drug Law Rift Widens
http://cannabisnews.com/news/thread13173.shtml

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