DATE: Wednesday, February 26, 1997          TAG: 9702260448

SECTION: LOCAL                   PAGE: B1   EDITION: FINAL  

SOURCE: BY LYNN WALTZ, STAFF WRITER 

DATELINE: NORFOLK                           LENGTH:   97 lines

CORRECTION/CLARIFICATION: ***************************************************************** CORRECTIONS Irish ``Mike'' Peele was sentenced to home detention Tuesday in a drug case. His last name was misspelled in a story and headline Wednesday. Correction published ,Thursday, February 27, 1997, p. A2 ***************************************************************** DYING MAN SENTENCED TO HOME DETENTION IN DRUG CASE

A former Granby High School teacher who imported Winnebago-loads of marijuana into Hampton Roads was sentenced to home detention Tuesday by a federal judge who ruled that prison was inappropriate for a man dying of cancer.

Irish ``Mike'' Peale, 62, who originally faced up to 57 months in prison, came to court on crutches, obviously weak, pale and thin, his wife by his side. Peale - who, according to testimony, has about three to six months to live - was in pain during the hearing, his attorney said.

The former marine biology teacher drove several loads of marijuana to Hampton Roads from Tucson, Ariz., and received $100,000 cash for each trip, evidence showed. He was convicted of conspiracy to distribute marijuana, along with seven other members of a local ring run by his brother-in-law, Bruce E. Howell.

The ring imported and sold thousands of pounds of pot and earned millions in the 20-plus years it operated. Agents confiscated cash in excess of $3 million and property valued in excess of $1.5 million during the investigation, which began in August 1995.

Peale did not begin trafficking in marijuana until after he was diagnosed with cancer about five years ago, his attorney, James Broccoletti, said Tuesday. His role was limited to driving the travel trailers, evidence showed.

``While the court has no sympathy for a school teacher using marijuana regularly and engaging in distribution, the court does agree with alternative punishment'' because of his illness, said U.S. District Court Judge Henry C. Morgan Jr.

Peale's physician testified that Peale had numerous recurring tumors and has had a series of unsuccessful attempts to remove them.

``This defendant used marijuana for a long period of time on a regular basis, whatever his health may be,'' Morgan added. ``He has committed a serious offense, but we must take into account as well his limited life expectancy.''

Prosecutors and defense attorneys said Tuesday that it is rare for a judge to give a reduction in sentence based on health.

Morgan sentenced Peale to six months' home detention and two years' probation, but did not require electronic home monitoring or drug testing, citing Peale's extensive use of prescribed narcotic medications for chronic pain.

In all, eight people have pleaded guilty in the drug case, including a core group who met at Old Dominion University in the 1970s and have run drugs off and on ever since, indictments showed. The ringleader, Bruce Howell, was sentenced in January to 13 years, but the sentence will ultimately be reduced because of his cooperation, according to court records.

Peale also received a substantial reduction for his cooperation, from a guideline range of 46 to 57 months to a range of 10 to 16 months. The remainder was reduced as a result of his illness.

Peale, who retired from teaching last year, was not the only professional in the ring, which avoided detection by maintaining modest lifestyles and driving older model cars. One was an insurance adjuster. Many were involved in community life, working with civic organizations, Scout troops and athletic leagues.

Peale used his earnings for alternative cancer treatments, to take his wife and two children on lavish vacations and to save for their livelihood after his death, his attorney said.

After his arrest, Peale turned over about $300,000 in cash to federal authorities, who also seized his home. Apparently, the family will live on the income of Peale's wife, Barbara Jean Howell, 48, who works for the Norfolk school system.

Dr. Barry Lubin, an internist, testified that Peale was diagnosed with liposarcoma - cancer of fat and muscle tissue - about five years ago.

Lubin testified that this type cancer was difficult to treat. Chemotherapy is not effective, Lubin said, except to prolong life slightly.

Peale has been using an experimental treatment involving shark cartilage, Lubin said. ``His prognosis is poor,'' Lubin said. ``If the tumors continue to grow at the current pace, he could live from three to six months.''

Peale, who is homebound by the cancer, has lost 30 pounds since October and suffers from nausea, fatigue and pain, Lubin said. Lubin said prison authorities would not be able to provide adequate care or emergency response.

Judge Morgan ruled that Peale cannot leave his home except for medical care or religious services.

Apparently, Peale used profits from marijuana trafficking to take his family on at least one vacation to Central America to show his children Mayan ruins.

``Now the money is gone,'' said his attorney, Broccoletti. ``The house is in forfeiture. They're pretty bad off.'' ILLUSTRATION: Irish "Mike" Peale KEYWORDS: DRUG RING SENTENCING DRUGS ILLEGAL CANCER HOME

DETENTION

Send Suggestions or Comments to webmaster@scholar.lib.vt.edu