Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, March 6, 1991 TAG: 9103060175
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
While giving an upbeat assessment of the program's success in the courtrooms, Rudd is leaving with some concerns about the bureaucratic side of the job.
Rudd, who has prosecuted more than 1,000 drug cases in the past 2 1/2 years, said his decision to leave the office at the end of March for private practice was based, in part, on bureaucratic "hindrances" with a state agency that administers the grant-funded position.
The Commonwealth's Attorneys Services and Training Council, based in Richmond, has taken what Rudd calls an "inflexible" approach to how the special drug prosecutor program should be run.
That approach includes a prosecutor who works with a police task force and a multijurisdictional grand jury, something that has not been done in the area served by the grant - the cities of Roanoke and Salem and Roanoke, Craig and Franklin counties.
Rudd said that while such an approach is not practical for the Roanoke area, state officials have made it clear that some form of the model should be adopted.
The grant expires June 30, and officials have reapplied for the funding.
While there is no guarantee the grant will be renewed, Rudd said, local authorities have agreed to revise the regional drug prosecutor program to more closely fit the state model.
"There's always an element of uncertainty," he said. "But I think this program will continue."
Rudd said local authorities have agreed the next regional prosecutor will be "cross-designated" with both the state and federal court systems, an arrangement that offers a wider choice of grand jury procedures and other enforcement options.
"We've been successful, and we're willing to adapt to continue to be successful," Rudd said.
Still, the prosecutor said he has become frustrated with the council's insistance that Roanoke comply with the state model. "When they do that, they ignore the political and social climate of each region," he said.
Rudd's office, which operates on an annual budget of about $85,000, is one of five jurisdictions statewide to receive grant funding. Other areas with similar programs include Petersburg, Tidewater, Shenandoah County and Richmond.
The Roanoke position was created in July 1988, and Rudd has been the only prosecutor to work under the program. There has been no decision on who his replacement would be if the program continues.
Officials with the council, which administers those programs and will make the decision on future grants, could not be reached for comment Tuesday.
While other areas are following the state's recommended model of a multijurisdictional state grand jury, Rudd said that approach would not work well in Roanoke for several reasons.
For one, the state grand jury would not have the power to subpoena out-of-state witnesses. That's a significant flaw, Rudd said, because of locations such as New York City that are key sources of drugs to the region.
To investigate those ties, Rudd said, authorities would have to go to a federal grand jury with out-of-state subpoena powers. And that's already done in Roanoke, he said.
As a rule, people suspected of major drug offenses in Roanoke are tried in federal court, where prosecutors can take advantage of stiff sentencing guidelines and broader conspiracy laws.
Other, smaller-level drug dealers are tried in state court. As a result, Rudd has spent much of his time prosecuting cases in Roanoke Circuit Court, while taking some cases in other areas and maintaining contact with other law enforcement officials.
That approach is best, Rudd argues, because although the valley's drug problem is a regional one, much of the drug sales occur in Roanoke.
Rudd said the current system - which entails the kind of cooperative efforts desired by state officials - works well and does not need to be replaced or revised.
Although Rudd said he has enjoyed a good working relationship with Roanoke-area police and prosecutors, he admits the job of prosecuting only drug dealers - and hundreds of them - has been tough.
"I'd be lying if I said it wasn't taxing at times," he said.
by CNB