home

Honors Student Facing 2 Year Mandatory Sentence for Six Joints

In a case that is gaining national attention, first time offender Kyle W. Sawin, a 17 year old honors student is facing a two year mandatory sentence for distributing six joints. He's being charged under a law that increases penalties for drug offenses near schools. But the nearby schools, four blocks away, were closed for the summer when the offense occurred.

The case proceeded to a jury trial. Two of the students "friends" flipped and testified against him. The jury hung. The prosecutor, David Capeless of Berkshire County, MA, insists on retrying the case, and refuses to drop the school-related portion of the charge.

"The notion that taking kids and putting them behind bars for two years in the name of justice is only going to increase the likelihood of ruining their lives," said Ethan Nadelman, executive director of the New York City-based Drug Policy Alliance. "You're derailing these kids for life. You're eliminating the possibility that they'll become productive adult citizens down the road."

Concerned Citizens for Appropriate Justice has a petition you can sign that will be forwarded to Capeless. It is also working with the Drug Policy Forum of Massachussetts to change the laws.

< Trust Us? | Parents of Fallen Marine Back Cindy Sheehan After Funeral >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort:
    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#1)
    by DawesFred60 on Sat Dec 17, 2005 at 01:02:25 PM EST
    All i can say is, stop prison rape. poor fool didn't he understand or what? the laws inside the empire? i mean he must be a fool, and now he will be a fool for the system.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#2)
    by jimcee on Sat Dec 17, 2005 at 01:02:25 PM EST
    Man is there anything worse than an overzealous DA? Not to beat this moribund horse but marijuana laws are a joke as are most anti-substance abuse laws. A waste of resources, a waste of lives in the criminal justice system both for the defendants and the police and court resulting in the procescution of some high school kid with a couple of joints. This is where my liberatarian sensibitities set in. The war on drugs is nothing more than a boondaggle that benefits law enforcement's sense of self-importance and also by exaggerating the price of thier busts becomes an income enhancement flow on thier part. The war on drugs is a farce, education is a better solution but there will always be drug abuse. If people want to poison themselves with drugs that is their business and no one else's. That the gov't has gone out of thier way to circumvent civil liberties to bust drug users is abominable.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#3)
    by Joe Bob on Sat Dec 17, 2005 at 01:02:26 PM EST
    Hmm, an honor student and a pot smoker. I'll bet that's one conundrum your typical drug warrior can't wrap their mind around.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#4)
    by Joe Bob on Sat Dec 17, 2005 at 01:02:26 PM EST
    And another thing: For what would be spent to prosecute this teenager (twice) and incarcerate him for two years you could see him and one of his classmates all the way through four years at a public university. I say give the kid probation, skip the retrial, and move on to more important things. As it is, won't any drug conviction prevent him from getting financial aid for at least a year? Maybe NORML should set up a scholarship fund.

    It seems harsh. On the other hand, he was selling the drug, wasn't he? Did he refuse a plea bargain, or wasn't one offered?

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#6)
    by roger on Sat Dec 17, 2005 at 01:02:26 PM EST
    Joe Bob- NORML is a very under funded (but hard fighting!) advocacy group. They could use more donations. After this story, they get another $20 from me. Also, some of the Ivy League schools are giving scholarships to students with drug convictions. Even possession of small amounts leads to cancellation of federal aid. The figures that I have heard are tens of thousands that have lost student financial aid

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#7)
    by squeaky on Sat Dec 17, 2005 at 01:02:26 PM EST
    This must be a big feather in the cap for the DA. He obviously got the 'brains' behind the drug ring. The prison/'drug war' machine is spinning out of control generating money for non-productive sectors of the ecomomy, unless you consider pot busts productive. The kid would probally would have gone on to be a teacher or doctor or something. Roberts is for mandatory sentencing, I can only imagine the future if people like him get their way. Sad.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#8)
    by squeaky on Sat Dec 17, 2005 at 01:02:26 PM EST
    More ruined lives from the international drug wars. A new version of bait and switch.

    he plays, he pays. as an honor student he should be smarter than that. besides he got busted this time, how many times before did he not? a criminal's a criminal. treat them as such. [Ed. grammar and punctuation (but not small letters) corrected. It was imcomprehensible as posted.]

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#10)
    by wishful on Sat Dec 17, 2005 at 01:02:26 PM EST
    A 17 yr-old in prison for two years...I wonder if, in the likely case that he is repeatedly raped, he will emerge from our "Correctional" Facility all better and ready to interact with other citizens in healthy and civilized ways. We will get what we are asking for.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#11)
    by Che's Lounge on Sat Dec 17, 2005 at 01:02:26 PM EST
    Jimcee, This is one subject in which we totally agree.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#12)
    by chupetin on Sat Dec 17, 2005 at 01:02:26 PM EST
    Wow Jimcee, I was under the impression that Libertarian was just another pseudonym for Neocon. I think we all know where I got that idea from. I will certainly be paying more attention and thought to your posts.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#13)
    by Aaron on Sat Dec 17, 2005 at 01:02:26 PM EST
    This garbage really makes me wanna puke! I've been called up for jury duty 10 times, state and federal, and of course I've always gotten out of it, but I would love to get on this jury so I could hang it all day long. I would have no reservations whatsoever about doing that. It would be a matter of principle for me to undermine the law in this regard. The former Canadian prime minister referred to our prosecution of people for marijuana offenses as barbaric. I'll go further than that, it is in fact criminal, a crime against humanity. I would never convict anyone for any marijuana offense whatsoever. I wouldn't care if they were bringing in 150 tons of ganja on a cargo ship, hell I'd give them a medal. In my opinion, if more people smoked grass or drank grass tea, the world would be a much more laid-back place with a lot less violence. We could take the teeth out of Al Qaeda overnight if we just sent them a couple of hundred pounds of high quality hydroponic krypto bud. They wouldn't be thinking about anything after that except getting laid and finding something to eat. When I was a teenager and the young adult, I was caught with marijuana at least a half-dozen times by law enforcement. I was never arrested, but of course I live in South Florida. I can only imagine how different my life would've turned out if I had been saddled with a multiple criminal arrest record early in life. The people of this country need to start refusing to convict anyone under these archaic criminal codes.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#14)
    by swingvote on Sat Dec 17, 2005 at 01:02:26 PM EST
    I for one have no problem with joining the concepts of an honor student and a pot smoker; I've known plenty of both. But then I'm not a drug warrior either. On the other hand, what is it with these groups that can't find spokespersons who can talk in complete thoughts? I'm still wondering what the notion is or what it does, or does not, prove. One too many bong hits in preparation for the press conference?

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#15)
    by roger on Sat Dec 17, 2005 at 01:02:26 PM EST
    JP, Many, if not most, successful pot smokers dont care to ruin their careers by coming out publicly. There are some exceptions, Rick Steves (travel writer and TV host), Bill Maher, and Montel Williams come to mind.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#16)
    by swingvote on Sat Dec 17, 2005 at 01:02:26 PM EST
    Roger, The point being?

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#17)
    by roger on Sat Dec 17, 2005 at 01:02:26 PM EST
    JP, You're the one asking why the legalization movement doesn't have better spokespeople. I give you a reason. You dont get the point. Then why do you pose the question?

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#18)
    by swingvote on Sat Dec 17, 2005 at 01:02:26 PM EST
    Roger, My apologies, but your "response" was a bit cryptic. Had you said that they can't get better spokespeople because many of those who smoke pot AND speak well don't want to admit the former, it would have been more clear. As it was, it seemed like you were making a comment about those who are both honor students and pot smokers. Although that also seemed unclear. But I hardly think it's necessary that your public spokesperson be a pot smoker, even if that is you entire message. I also don't believe that all pot smokers are incapable of speaking well. I know several people who run major PR campaigns, and appear before the cameras on a regular basis, who do both quite well.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#19)
    by peacrevol on Sat Dec 17, 2005 at 01:02:26 PM EST
    besides he got busted this time, how many times before did he not? a criminal's a criminal. treat them as such.
    The question is not that pot posession is illegal as much as it is should it be, why, and if it is, what should the punishment be? We all realize that it is illegal and the kid did take his chances with having pot. That being said, my argument would be that it should not be illegal. I dont see the crime here. You say he's a criminal, but what constitutes a crime? When you get a speeding ticket are you a criminal? My argument is that most people would say no. So what I'm doing is comparing pot possession and minor distribution to speeding. Not a bad comparison when you consider the likelihood of real danger of each. That being said...If the drug war supporters continue to keep prohibition of pot going, then what should be the sentence? I attest that it should fit the "crime" committed. I dont think there should be any minimum sentence. Take this kid for example...He's most likely a good kid, but if we throw him away for 2 years based on a manditory minimum sentence, we could be effectively taking his life from him. I dont think that's a risk that we should take.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#20)
    by pigwiggle on Sat Dec 17, 2005 at 01:02:26 PM EST
    Nearly all of the smart, fun, creative folks I came up with smoked pot. Unsurprising; smart folks are usually curious and adventurous. Take Carl Sagan for example, he was a regular smoker (and a personal hero of mine). Maybe 17-year-old kids shouldn’t be allowed to smoke pot; but that’s really none of my business, or the government’s.

    I absolutely think our drug laws are ridiculous and that this is too severe of a crime, but one thing bothers me about this - that honors student label, like that should make any difference. I am guessing some people are upset by this because the student seems like one of "us" instead of one of "them". One thing about mandatory minimum sentences is that they keep upper-middle class (usually white) people from getting community service while their poor black counterparts have to serve hard time. Now I think NO ONE should have to serve hard time for dealing marijuana, but I think we should apply equal outrage to all cases.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#22)
    by peacrevol on Sat Dec 17, 2005 at 01:02:26 PM EST
    I think we should apply equal outrage to all cases.
    I agree...Is this kid black or white?

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#23)
    by peacrevol on Sat Dec 17, 2005 at 01:02:26 PM EST
    Is this kid black or white?
    ...or another race?

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#24)
    by SeeEmDee on Sat Dec 17, 2005 at 01:02:26 PM EST
    Mr. Capeless has a hsitory of this sort of thing: Google search string for Capeless + Marijuana Mr. Capeless's seemingly monomaniacal adherence to the letter of the law reminds me of Inspector Javert of Les Miserables fame. I wonder if he'd be so inflexible if it were the scion of some local political operative who'd run afoul of the law...

    pigwiggle opines that it's not the government's business whether 17 yr olds smoke pot. I wonder if he wants to repeal the minimum drinking and sm oking ages as well?

    Chupetin, isn't the definition of a Libertarian a Conservative who wants to smoke pot? "You're derailing these kids for life. You're eliminating the possibility that they'll become productive adult citizens down the road." This is a concept that always bugs me. As individuals and human beings, we make choices - this kid'll freely choose whether to overcome this or not. It's what makes us human beings. Nobody's can "derail" us, only we can "derail" ourselves.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#27)
    by Joe Bob on Sat Dec 17, 2005 at 01:02:27 PM EST
    Only we can derail ourselves? I think that's a gross oversimplification. People can choose to fight against adverse circumstances. Then again, the government or other outside forces can sure give you a hard push towards the edges sometimes, can't they? This case is a scandal that defies common sense. The punishment that the government is seeking is more destructive to society than the actions of the teenager facing prison, i.e.: the cure is worse than the disease.

    Joe Bob, I agree that this case is over the line, perhaps I should have said that. My point is only that the kid is either going to freely choose to be "derailed for life" and/or never become a "productive adult citizen," or not. I hope he decides to choose the former, and that those who influence him the most don't tell him that he is completely helpless and has no free will like the Drug Policy Alliance is telling him he is.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#29)
    by pigwiggle on Sat Dec 17, 2005 at 01:02:27 PM EST
    “I wonder if he wants to repeal the minimum drinking and sm oking ages as well?”
    Yes.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#30)
    by squeaky on Sat Dec 17, 2005 at 01:02:27 PM EST
    SeeEmDee-Mr. Capeless clearly should smoke a joint and chillout. It may allow him to abate his midsirected aggression and do something productive in life.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#31)
    by SeeEmDee on Sat Dec 17, 2005 at 01:02:27 PM EST
    Squeaky, I just can't help wondering what kind of home life many prohibitionists had as children. I've known some cops who - to hear them tell the tale - had a less than pleasent upbringing. And I can't shake the feeling that many who did have chosen their line of work, not to make anything better, but exact an inchoate kind of vengeance on the society that allowed what happened to them to happen at all. I'm reminded of what that old reprobate Nietzsche said about being wary of those in whom the urge to punish is strong. Mr. Capeless seems to serve as a perfect example of the timeless wisdom of that advice.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#32)
    by Sailor on Sat Dec 17, 2005 at 01:02:27 PM EST
    Daryl "Casual drug users should be taken out and shot" Gates didn't seem to think that policy should apply to his own child. It's nice to think that Horatio Alger is alive and well, but the fact is if a kid with a drug bust can't get loans for school, and he can't get a good job with a felony record, we have one more citizen who has a right to resent their government for such a stupid, useless reason. Is America really served by a child of his potential reduced to menial labor? IOW, do these policies serve America's best interests?

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#33)
    by kdog on Sat Dec 17, 2005 at 01:02:28 PM EST
    “I have sworn . . . eternal hostility against every form of tyranny over the mind of man” (Thomas Jefferson) I'm with you, Tommy J. Too bad a couple generations worth of government disagree with you. They have embraced tyranny like a long lost lover.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#34)
    by kdog on Sat Dec 17, 2005 at 01:02:28 PM EST
    Sarc...regarding the Jefferson quote above, would you say he was dwelling too much on the tyranny of his day, and would have been much happier had he just learned to live with the tyranny of the English? Lucky for us he did swear to eternal hostility, eh? Maybe generations from now others will be grateful for the eternal hostility of the anti-prohibitionists towards the tyranny of our govt.

    kdog - what in Sam Hill are you talking about? You've lost me.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#36)
    by kdog on Sat Dec 17, 2005 at 01:02:28 PM EST
    Back on another drug war thread, you said I'd be happier if I didn't dwell on our unjust drug laws and just learned to live with them. I was wondering if you would have given Tommy J. the same advice if you were around in the 1770's.

    Thanks, kdog, I could not figure out how TJ's comment regarding his stance against the establishment of a state religion and for the free practice of religion related to this thread... Anyway, the last time we had a conversation in this vein, my point was that our MJ laws, just or unjust as you see fit, do not deny you your Constitutional right to pursue happiness. Is that what you are referring to?

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#38)
    by kdog on Sat Dec 17, 2005 at 01:02:29 PM EST
    No problemo sarc...I came across that Jefferson quote and thought of our prior debate. Obviously, we agree to disagree. I'm sure Jefferson had naysayers as well.

    kdog, all right, your "quote" of mine certainly sounds like something I would say, and I do agree with it, so I'll cop to it. It was probably in response to some comment you made regarding happiness or wanting to be happy. If you really want to be "happy," you must focus on the positives and not the negatives. Pretty simple. TJ was a great man and accomplished many great things. He also lived a life of constant strife, so I doubt he was particularly "happy," nor that he particularly cared if he was or not. Perhaps "unhappy" people are the most active and productive - in both "good" and "bad" causes? Here's an interesting book and quick read on happiness if you really are interested in the subject: LINK Anyway, back on topic, I hope Kyle listens to another TJ quote: "I find that the harder I work, the more luck I seem to have." And not to the nattering nabobs of negativity who say that he has no choice but to wind up a lost cause.

    Re: Honors Student Facing 2 Year Mandatory Sentenc (none / 0) (#40)
    by kdog on Sat Dec 17, 2005 at 01:02:29 PM EST
    Why would this opressed young man think he's a lost cause? I think he may have just stumbled upon a great cause for his talents, perhaps fighting tyranny. We'll have to see if he can dodge that two year sentence first, two years of anal rape can change a man.

    Maybe because of this quote above and from the link: "said Ethan Nadelman, executive director of the New York City-based Drug Policy Alliance. "You're derailing these kids for life. You're eliminating the possibility that they'll become productive adult citizens down the road." As to the rest, I agree with you.