Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, March 24, 1992 TAG: 9203240323
SECTION: VIRGINIA PAGE: B3 EDITION: STATE
SOURCE: LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
Kenneth E. Anderson had asked Judge Clifford Weckstein to suspend part of his sentence.
Anderson is one of the few people in Roanoke to have contested a crack charge before a jury. He was reminded why in January, when the jury sentenced him to 40 years in prison and fined him $250,000.
Testimony had shown that Anderson sold such a small amount of crack cocaine that a police informant paid him only $20 for a "rock" that would normally bring $25.
However, the jury's sentence was consistent with other harsh punishments handed down for dealers of the highly addictive drug since it first arrived in Roanoke about five years ago.
Most accused crack dealers elect to plead guilty and face sentencing by a judge, in hope of receiving a lighter sentence.
Voluntary sentencing guidelines that went into effect last year recommended that Anderson receive a term from between four and 10 years. But as Weckstein noted, the guidelines do not apply to jury sentences.
However, Weckstein ordered that Anderson must pay only $1,000 of his $250,000 fine.
Anderson testified Monday that he wanted to be tried by a judge, but was unaware that prosecutors could insist on having a jury hear the case.
Defense Attorney Bruce Welch argued that the jury's sentence may have been an "aberration," given it did not hear how his client was addicted to cocaine.
When asked about his crack habit Monday, Anderson replied that he usually smoked "all I could get."
Testimony at his trial showed that Anderson was arrested after a police informant was directed to Anderson's home on Patton Avenue Northwest last August and told to ask for drugs.
The informant testified that Anderson sold him one "rock" of crack, which he then turned over to police.
Anderson testified at his trial that he had no recollection of the transaction, and continued Monday to maintain his innocence.
Regional Drug Prosecutor Melvin Hill said that Anderson - who has a prior conviction of distributing cocaine - will become eligible for parole in about seven years.
Memo: shorter version ran in the Metro edition.