Jurist still judging value
of drug laws
publication date:April 12,
2000
by ,SEAN KIRST, POST-STANDARD
COLUMNIST
U.S. District Judge John Curtin of Buffalo
expects to be here this weekend. He is coming to Syracuse only as a listener, a
point he made repeatedly in a phone interview. He plans to attend the annual
meeting of ReconsiDer at May Memorial Unitarian Society, where Ethan Nadelmann ¯
a national proponent of drug-law reform ¯ is scheduled to speak at 2 p.m.
Saturday.
Curtin is a ReconsiDer member. His presence underlines the quiet
growth of that Syracuse organization, whose members question the wisdom and
benefits of the war on drugs.
"I'm a dues-paying member because there's
nothing like it in Buffalo," said Curtin, 78, the judge who handled the legal
furor over Love Canal. "I'm going Saturday just as a member and observer, but I
certainly support the ReconsiDer efforts. The Syracuse community should be
congratulated for giving them such good support."
ReconsiDer's membership,
which does hundreds of public speaking engagements a year, now exceeds 400. They
include such law enforcement veterans as Curtin, former Syracuse narcotics
investigator David Owens and Patrick Murphy, former police chief both in
Syracuse and in New York City.
Many members differ in their solutions.
Murphy, for instance, opposes legalization of marijuana. But he feels treatment
is a far better reaction than throwing everyday drug users into jail. Owens has
said the drug war often puts police in confrontation with poor communities, and
that legalization of some "soft" drugs, such as marijuana, would dry up
international narcotics cartels.
As for Curtin, a senior judge who can pick
and choose his cases, he refuses to preside over drug trials. Too many times, he
said, he was forced to send people to jail who shouldn't be there.
"The
perfect solution? Frankly, I don't know," Curtin said. "Counseling. Maybe,
eventually, some legalization. But I know, the way we're going, the problem is
going to get worse. It's giving us a built-in prison population.
"There are
people who use drugs who continue to work, who continue to take care of their
families," Curtin said. "It should be discouraged just as urgently as cigarette
smoking or alcohol. It can bring early deaths and tragedy, and I'm certainly not
encouraging anyone to use drugs. But for people who are working hard, taking
care of themselves, taking care of their families, to throw them in jail is
really counterproductive."
The question is an ethical volcano, as turbulent
as the arguments surrounding abortion or capital punishment. Opponents of
drug-law reform say legalization would be an American catastrophe, leading to
child abuse, dysfunction and a culture of addicts. ReconsiDer members say the
catastrophe is now, that nothing produces a hardened criminal more quickly than
throwing a small-time pot dealer into a savage prison.
The hot spots of the
debate are everywhere. In New York City, for instance, Patrick Dorismund was
shot to death by police after Dorismund reacted angrily to an undercover cop who
asked for marijuana. Drug war supporters contend that aggressive approach
explains why New York's streets are so much safer. ReconsiDer members argue that
Dorismund should not be dead, and the whole incident proves the folly of the
drug war.
"He's a guy who died because he just said 'no,'*" said Nick Eyle,
executive director of ReconsiDer.
Curtin, a Marine Corps veteran of World War
II, joined Eyle's group because he liked the range of membership, and he liked
the way ReconsiDer did not impose just one solution.
"They're well-organized,
they seem to be sensible, they're not extreme, they have a number of people from
all walks of life," Curtin said. That sensibility provides safe footing for an
old judge exploring a most explosive question:
"Here in New York state,
funding for (state colleges) goes down while funding for maintaining and
building prisons goes up every year," Curtin said. "How long can you continue?
All the cities in upstate are suffering terribly, while the rest of the country
has a great prosperity. The drug war has failed, and human experience tells us
it will continue to fail."
Sean Kirst is a columnist for The
Post-Standard. His columns appear Mondays, Wednesdays and Fridays. Call him at
470-6015 or e-mail him at citynews@syracuse.com.