DAs, Kelly Criticize State Move to Ease Drug Laws

ROBERT T. JOHNSON: 'Loss of control' may spur crime.

Police Commissioner Raymond W. Kelly and several District Attorneys March 31 blasted changes to the Rockefeller drug laws, which they called an "eradication" rather than a reform, during a City Council hearing.

Bronx DA Robert T. Johnson, who has been an outspoken critic of the change, told the Council, "We have come a long way but there are still issues to be dealt with. My concern is that with the reforms that are proposed we will lose control and that we will therefore possibly see an increase in crime because of that lost control."

Predicts Loss of Input

Mr. Johnson said decisions on treatment would be made without background information gathered by District Attorneys about what was going on in defendants' lives or their neighborhoods.

The laws would be changed "without understanding that we have already done a considerable amount to put not only users but non-violent sellers into treatment," the DA continued. He said the past reform to the Rockefeller laws did much of what the public was looking for.

CHARLES J. HYNES: 'Took away our discretion.'

"This may also fail because it does not have the stick that is often the impetus to get the substance abuser into treatment," Mr. Johnson said. "If a substance abuser can get probation or walk out of the courtroom without treatment, they are going to opt to do that. I think we are going to lose something in terms of rehabilitation."

Brooklyn DA Charles J. Hynes said he did not know yet what impact changes in the Rockefeller drug laws would have on his budget. "What's really troubling to me is they took away our discretion: foolish," he said. "There was a 40-percent reduction in violence in this state compared to a 24-percent reduction in the country. I think one of the reasons was the DAs' discretion.

"I just don't understand the reasons for the change," he continued. "Let me tell you something, Mr. Chairman, we've got judges who try and undercut us because they have taken away our discretion. They are in for the fight of their lives and the people to your left are going to be watching them," he said, gesturing to reporters at the hearing.

Queens DA Richard A. Brown and Special Narcotics Prosecutor Bridget Brennan also criticized the changes.

Kelly: 'A Big Mistake'

Mr. Kelly, appearing before the Council earlier that day, called the drug-law changes a "big mistake" and expressed concern that he had not seen the bill yet. He said criminal backgrounds could be hidden because of this law, which allows the sealing of some felonies and misdemeanors.

"We really need to examine this in depth, but it seems that there is no op- portunity to do that," he said. "It looks like pretty much a foregone conclusion that this is going to be passed."

"It would clearly put criminals back on the street," Mr. Kelly said. "This is not the time to experiment into the unknown. No one can say what will happen."

Councilman Peter Vallone Jr. was blunter in his criticism of the State Legislature: "Albany is known for criminal coddling, but this is complete criminal capitulation."