University Daliv Kansan / Fridav. October 13. 1989
5
Prosecutors, police differ on drug policy
By Rich Cornell
Kansan staff writer
Local law officials say they cannot change their drug enforcement emphasis to allow the district attorney to vigorously apply his new drug-offence prosecution policy.
The new policy was announced by Douglas County District Attorney Jim Flory Sept. 22. The four-part plan eliminates diversions and limits plea bargaining. Defendants can no longer plea to reduce a charge, plead no contest or limit the state's sentencing suggestions.
"The significant change is focusing on those who use and abuse," Flory said. "The user is a critical part of the problem."
The change has not affected the prosecution of drug dealers in Lawrence, Flory, said, because they always have been prosecuted fully.
The plan originated partly as a response to President Bush's speech Sept. 5 declaring a nationwide war on drugs, Flory said. The president asked local officials in each community to concentrate on prosecuting drug users.
Flory said he had considered the approach in Douglas County for a few years because studies showed that tough prosecution of users resulted in fewer drugs.
Users penalized under the new plan may decide to give up drugs to avoid prison, he said. Addicted abusers may seek help and try to quit.
Flory said casual drug use had been tolerated in Douglas County in the 1980s.
"The change I've made is that I'm not going to accept that," he said.
Prosecuting drug offenders will cost more money, Flory said. More cases will go to trial, so more jurors and witnesses will be needed.
The county could receive some money from Bush's extensive plan, he said. If so, the police would hire additional officers.
For now, however, the Lawrence police and the Douglas County Sheriff's Department have no plans to disband them. The department more than they did in the past.
"We're continuing to do the same thing we did before," said Ron Olin, Lawrence police chief. "We are not in a position where we are going to target users."
His investigators will continue to try to make cases against people who are selling drugs, Olin said. Such investigations do not usually produce situations leading to possession arrests.
Douglas County Sheriff, Loren Anderson also said limited manpower prevented his department
from concentrating more fully on drug users, but, because of Flory's new plan, officers will be able to better pursue drug use cases.
Before, arrests involving a small quantity of drugs often were not prosecuted, Anderson said.
A small possession arrest of a small amount of 'contraband was normally not considered worth the ittit to take to affect the arrest," he said.
Anderson said a local priority in the drug war was preventing crack cocaine from becoming a popular drug here.
"We're trying to insure, be sure, make sure that we are on top of the crack situation," he said.
So far, Anderson said, crack had been seized only once in Douglas County.
The county will benefit from a new drug enforcement officer to be hired in February. Anderson said.
Before Anderson took office in January, 20 patrolmen operated on three shifts, he said. Now, 16 are divided into four shifts. Three of the remaining positions became division lieutenants, and the other was reserved for the new drug enforcement position.
Therefore, Anderson said, hiring the additional officer would not increase the department's budget.
The new officer will join the seven-year-old Douglas County Drug Enforcement Unit, he said. Two Lawrence police officers, two KU police officers and one county officer comprise the unit.
Bob Van Hoezen, coordinator of the unit, said Flory's new plan had no effect on the group's operating methods.
"Until directed otherwise, we're not going to focus on users," Van Hoesen said.
Suppliers should be concentrated on because they are responsible for bringing drugs into the county, he said.
Van Hosen said the county faced typical drug problems, including cocaine, marijuana and occasionally LSD.
The additional officer will allow Van Hoeesen to assign one or two officers to short-term street work, he said. The assignments will involve investigating situations that residents in the community believe are drug-related.
The community has been cooperative in relaying information to the drug enforcement officers, Van Hoezen said.
"We need them as much as they need us," he said.
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