THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, December 14, 1995 TAG: 9512140355
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY LYNN WALTZ, STAFF WRITER
DATELINE: NORFOLK LENGTH: Long : 124 lines
Federal prosecutors have refused a judge's order to turn over working papers in a drug case in which defense lawyers claim blacks are being unfairly prosecuted while whites have been granted immunity.
The prosecutors' refusal to cooperate could result in the dismissal of charges against 25 alleged members of three Peninsula drug gangs. U.S. District Judge Raymond A. Jackson had earlier told prosecutors that unless they responded to his order, ``these indictments are out the door.''
In court papers filed Tuesday, prosecutors claimed the judge has abused his discretion and that his rulings would put witnesses at risk. They also said they will immediately appeal if the judge dismisses the indictments.
Prosecutors said the ringleaders of the drug gang were African-Americans operating in African-American neighborhoods. They granted immunity to cooperating witnesses without regard to race, their response said.
``Will the United States Attorney have to provide statistical or `quota' justifications for every future crack cocaine prosecution?'' the response asked. ``Will the government have to transplant white crack dealers into an African-American neighborhood before it can prosecute a crack organization that happens to be composed of African Americans in that neighborhood?''
An evidentiary hearing on the matter is scheduled for Wednesday, but Jackson could make a ruling earlier.
In a hearing earlier this month, Jackson, who is African American, said allegations of ``selective prosecution'' were not frivolous and ordered an evidentiary hearing. He said prosecutors were ``frustrating the court's inquiry'' with their ``arrogant, high-brow response'' in their refusal to turn over grand jury evidence.
One defense attorney told the judge there has been a local history of discriminatory prosecution, citing federal court records on crack cocaine cases. The attorney said that since 1992, of 226 cases where race could be determined, 210 of the defendants were black.
Prosecutors said in their response that the charge is without merit because crack is primarily a problem in African-American neighborhoods.
Defense attorney James Ellenson said Wednesday he was stunned by prosecutors' refusal to comply with the judge's orders.
``If it's true there are race-neutral reasons why the white people got off and they can show it, why not show it? . . . I'm dumbfounded at the government's opposition,'' Ellenson said. ``It makes me think there is something wrong. If they have nothing to hide, why not share the information?''
Meanwhile, members of one Williamsburg community terrorized by drug gangs expressed outrage and fear at the turn of events - that African-American communities that have reclaimed the streets from African-American drug gangs may see their return because of the ruling of an African-American judge.
``You might as well just unlock the gates of hell and let the devil himself come right on in,'' said one woman, who asked not to have her name used for fear of retaliation. ``This drug thing is terrible. I am sick of drugs. I've had two children die of drugs. It ain't got nothing to do with racial. We don't want them back.''
The three gangs allegedly staked out separate territories in Williamsburg and James City County and usually worked as friendly competitors, sometimes sending customers to other gangs when they ran out of drugs. But there was also considerable violence associated with the gangs, including allegations of beatings, shootings and murder.
At least six unsolved murders on the Peninsula may be related to the three gangs, according to testimony in federal court. Six other people were shot, including a 13-year-old boy, according to affidavits filed with the prosecutors' response. One car and one house were shot. All but one of the victims were African Americans, the prosecutors' response said. None of the defendants, however, were charged with violent crimes in the federal indictment.
The community of Highland Park in Williamsburg has had ``significant relief'' since these arrests, said Major James M. Yost of the Williamsburg police. ``The shootings and street-corner dealing has stopped since summer. They got their neighborhood back . . .
``It's ludicrous to say these arrests were racially motivated. I'm really sad this is happening.''
Highland Park is one of about a half-dozen African-American communities on the Peninsula that was terrorized by the African-American drug organizations, the government's response says.
An elderly African-American woman, who also spoke on condition that her name not be used, said her neighborhood is much safer since the indictments.
``It sure would be bad if this case fell apart,'' she said. ``I heard it was a black judge in federal court and he was going to let them go and give them everything back. No, no, no, no, there was no racial bias. They've been trying to get these young men for some time. I questioned the officers why (one man) couldn't be stopped and why couldn't they catch him. But this time they did get him.''
All 25 defendants are black, and are alleged to be part of the gangs, which sold crack cocaine in Williamsburg and James City and New Kent counties. The alleged leaders - Anthony L. Olvis of Williamsburg, Terry D. Jones of Toano and Marty L. Wright of Virginia Beach - were arrested in September with their co-defendants.
But defense attorneys discovered in grand jury transcripts that five of the witnesses appearing before grand jurors were white and ``were more than peripherally involved in the conspiracy,'' court records said. The white witnesses were granted immunity for their testimony, unlike some black witnesses similarly involved who were charged, court records said.
In papers filed Tuesday, prosecutors expressed dismay that the judge has allowed the local case to be delayed, saying it ``is now sidetracked on an issue that this Court should never have permitted to be injected - race.''
The response by prosecutors said the three cases now face delays, possible dismissals and lengthy appeals.
``The safety of witnesses is jeopardized,'' the response said. ``Witnesses and informants are put at risk by . . . hearings prior to trial. . . . Time that should be spent in trial preparation would now have to be spent in elusive quests for racial statistics in closed and far-flung file jackets. One might just as well pursue a will-o-the wisp.''
Jackson may be in the unusual position of hearing information about cases he helped prosecute. Jackson worked in the office as a prosecutor until 1993.
In the December hearing, a prosecutor pointed out to the judge that he might end up being the prosecutors' best witness to the lack of racial bias. He got a blistering response.
``You might hope that,'' Jackson told the prosecutor. ``But I sure have got a response for the U.S. Attorney's office that they would not want to hear, so we will just deal with that issue at a subsequent time.'' ILLUSTRATION: Color photo
Prosecutors say U.S. District Judge Raymond Jackson's order may put
witnesses at risk.
KEYWORDS: DRUG GANGS DRUG ARRESTS by CNB