Drug Court under fire for admitting dealers into program
13 months ago | 2535 views | 5 
| 19 
| 
| 
| 19 | |
Drug Court is a national program that was implemented in Bell County on February 1, 2004. Drug addicts go through intensive treatment and counseling for at least a year in the program, in lieu of prison time. So far, there have been 209 total participants and 54 have successfully completed the program.
Many referred into the program are convicted drug traffickers. Russell Alex Barnett of Middlesboro was indicted on two counts of dealing Oxycontin in 2007 and 2008, as well as one count of dealing cocaine in 2008. He entered a plea agreement and was convicted of one count of drug trafficking. He was sentenced in Bell County Circuit Court on December 31, 2008 to eight years in federal prison. After serving just over four months of his sentence, Barnett was granted shock probation and sent to Drug Court for his addiction problem.
Shock probation allows defendants an opportunity to receive probation after a short period of time in prison. Many believe that immersing a defendant in prison for a short period of time could “shock” him or her into a noncriminal lifestyle.
“Drug Court should be reserved for people who have a drug problem and are only charged with possession crimes and not trafficking,” said Bell County Attorney Neil Ward. “I would be opposed to letting anyone charged with trafficking into Drug Court.”
Others in the law enforcement community voiced similar concerns.
“I think Drug Court is a great thing for addicts,” said Middlesboro Police Department Lt. Mike Hensley, who has worked in drug-related law enforcement for 11 years in Middlesboro. The Lieutinant added, “a dealer with an addiction can get help in the penitentiary.”
Bell County Sheriff Bruce Bennett said that letting convicted dealers into the program sends the message that “they can circumvent the law if they can get into Drug Court.”
Bell County Circuit Court Judge James Bowling, who refers convicted drug traffickers to Drug Court, defended his actions. He said that oftentimes, those convicted of trafficking are only selling pills to support their own addiction, and not selling for profit.
“If we could punish addiction out of people, we would continue to do it,” he said. “With a combination of punishment and treatment in the form of Drug Court, we can kill two birds with one stone. You can get rid of a trafficker and cure an addict. The economy of that is pretty obvious.”
Judge Bowling, who retired in January and is waiting for the Governor to appoint someone to take his place, said it took him a while as a Judge to figure out that when he sentenced traffickers, he was “basically sending drug addicts to prison.”
Judge Bowling added that the county is experiencing the worst drug problem in its history, and the traditional methods just aren’t working.
“We’ve tried to punish our way out of the drug problem,” said Bowling. “We haven’t been able to do it.”
Bell County Attorney Neil Ward said that it is hard to distinguish between dealing to support a habit and dealing for profit. He added that if someone is convicted of drug trafficking, but considered safe enough for drug court, “maybe that pill charge should have been amended to possession.”
Sheriff Bennett said that the line between drug possession and abuse is a far cry from dealing.
“A drug dealer is a criminal. I always assumed that Drug Court was for people with an addiction, not to say that a drug dealer doesn’t have an addiction, but he or she has crossed the line when he or she is convicted of trafficking in dangerous drugs,” said Bennett. He added that drug dealing and use is “strongly connected to a very large portion of the crimes committed in Bell County.”
Hensley said there must be a middle ground when punishing dealers.
“I don’t believe in giving one guy who sells a pill 10 years in prison,” he said. “I understand there’s a balance.”
Hensley said that dealers who are convicted of dealing cocaine “have to put some work into it” and are not just selling to support their own habit. He said those kind of dealers are out for an “easy profit.”
Karen Ingle, directer of the drug-fighting Operation UNITE, said that admitting a dealer into the Drug Court program is a difficult decision for many programs across the state. She said nearby Laurel County won’t admit convicted traffickers.
“I have seen felony drug traffickers recover,” said Ingle. “But I have seen problems with that. You believe they want to change. It’s a judgement call... You have to be very careful.”
Ingle said she’s also witnessed dealers taking advantage of the system, trying to get an easy out. But she also said the structure of Drug Court is much harder for addicts than people think.
“It’s easier to serve time than graduate the Drug Court program,” she said, adding that many who only serve time are more likely to eventually go back to jail.
Hensley insists that admitting dealers into Drug Court is sending a bad message to dealers in the county.
“We arrest them and they joke about it,” he said. Drug dealers tell officers when arrested, “’I’ll just ask for Drug Court,’” according to Hensley.
Stephen Woodward is a Staff Writer for the Daily News. He may be contacted at swoodward@middlesborodailynews.com.
Express yourself:
We're glad to give you a forum to air your point of view on issues important to this community. We just ask that you keep things civil. Leave out the personal attacks. Do not use offensive language, ethnic or racial slurs, or assail anyone's personal or religious beliefs. For anyone who can't be civil, we reserve the right to remove your material. We also reserve the right to ban users who violate our visitor's agreement.
Weather
Sponsored By:
Lottery
Sponsored By:
Stocks
Sponsored By:
featured businesses
1622 Cumberland Ave Ste A, Middlesboro, KY 40965 phone: 6062487653
ACTION REALTY
Action Realty of Middlesboro is one of Kentucky and Tennessee's top real estate agencies. In 2009 Action Realty was voted The Best Real Estate Agency in the Tri-State Area. We p...
2145 US HWY 25 E, Middlesboro, KY 40965 phone: 606-248-6030
Quality Eyewear in Middlesboro KY. Mountain Optical has been in business in for 30 years offering Glasses, Optical Care, Sunglasses, Contacts & More! We are locally owned and operated and have be...
116 South 19th Street, Middlesboro, Ky 40965 phone: 606-248-3490
Offering furniture in Middlesboro, KY since 1936. Cardwell Home Furnishings has proudly offered quality home furnishings and accessories to the Tri-State area. With the largest furniture store in ...
Gasoline Prices
Sponsored By:
Recipes
Sponsored By:
Nobody said this judge lets everyone into the program. What has been pointed out is that some parties seem to know beforehand they can avoid doing time. And this is not the only area where an "unusual" outcome has been correctly predicted by some rather odd sources.
How does this compare to alcohol or any other addiction? Judging from detention center records, we continue to punish those crimes. You can even be arrested for a nicotine addiction if you smoke in the wrong place. But known drug dealers need sympathy?
Yeah, its great that 54 sincere people were helped. How does that justify turning a blind eye to those on a different agenda? If the judge is able to "sense" these things, shouldn't he be doing a little better job of culling? Can you name anyone turned away who had some important political connections? Or is it only with the nobodys that this keen sense kicks in?
The Administrative Office of the Courts needs to take a firm hand to this program and enforce strict guidelines on how taxpayer money is used. We've had about all the "trial court discretion" we can afford.
Contrary to popular belief, Judge Bowling doesn't let everyone who asks into the program. He makes an honest, informed decision as to whether the person has an addiction and, more importantly, whether or not they are truely ready to get help and overcome their addiction. I have seen several people turned away because Judge Bowling could sense that they were simply using the program as a scape-goat.
As with all government programs, the potential for abuse is present. However, the good that the Drug Court program does for those who sincerely want help clearly outweighs any abuse that takes place.
Answer this, judge. How does someone spend four months in prison and still have an addiction? Gee, if they can still get into drugs in prison do you suppose they might be doing that under your supervision? What other crimes are you ignoring because you don't believe punishment works? Is there some personal insight you can share with us?
One more reason the public needs the right to a retention vote on all judges - senior or otherwise.