THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, October 19, 1996 TAG: 9610190014
SECTION: FRONT PAGE: A14 EDITION: FINAL
TYPE: Editorial
LENGTH: 49 lines
A federal appeals court has turned a colorblind eye toward the case of two alleged Peninsula gang members who face drug conspiracy charges. The ruling allows the cases of 18 other co-defendants to go forward, too.
Charges have been reinstated against Anthony L. Olvis and Angela Palmer, two black defendants whom investigators say are members of crack-dealing gangs that have terrorized parts of the Peninsula.
Last December, U.S. District Judge Raymond A. Jackson dismissed indictments against the two because the judge believed the defendants were being treated differently from white gang members.
Twenty-five gang members were charged with drug conspiracy last fall. All were black. Five pleaded guilty. In addition, 50 blacks and five whites who were believed to be members of the same gang were not indicted.
At that time, all the prosecutions in the case were put on hold pending the outcome of the Olvis and Palmer case.
This week, the appeals court ruled that Jackson erred and the case against the two will proceed.
In this space, we expressed the view that if the judge had fears that prosecutors were unable to allay that racial bias played a part in deciding who was prosecuted, his decision could be justified.
Prosecutors strenuously disagreed and predicted their actions would be vindicated on appeal. That has now happened. In the process, more has been revealed about why some gang members escaped prosecution.
The appeals court decided that Jackson failed to take into account the conduct of the unindicted white co-defendants in his December decision. These gang members cooperated with police, told the truth and helped them nab additional drug dealers, the court said.
According to a story by staff writer Lynn Waltz, one of the white gang members offered to go undercover to aid police ``putting herself at significant risk.''
Defense lawyers had argued that many more blacks are prosecuted on crack charges in Hampton Roads than whites. But the court ruled that the lawyers would have to show an equal number of whites were committing the same crimes but were not prosecuted in order for this defense to have any validity.
The appeals court ruling should be good news for law-abiding Peninsula residents who are worried about rampant drug dealing and gang activity in their predominantly African-American neighborhoods. This lawlessness cannot be tolerated, and it is unfortunate there has been such a lengthy delay in bringing these cases to court.
The appeals court pointed out that all but one victim of gang violence in these neighborhoods have been black. by CNB