Suffolk County, like many counties in New York and across the country, has a Judicial Diversion Program (JDP) meant for non-violent felony offenders facing charges and who also abuse alcohol and drugs. Instead of jail or probation, JDP will help them enter and stay in a drug or alcohol treatment program.
It is widely believed that JDP programs offering counseling can help and often deter first offenders from committing a second offense. And if drugs/alcohol are a factor, getting the offender clean can go a long way toward reducing recidivism. JDPs can be successful if enough treatment programs and counselors are available and they can save counties and states money by incarcerating fewer people. While the defendant is in treatment, the Judge will closely monitor progress.
This process can work sometimes and it is appropriate, sometimes. However, recently in Suffolk County, an admitted drug dealer sold tainted narcotics that caused three men to overdose – one fatally. The defendant admitted to selling a fentanyl-tramadol mixture marketed as cocaine to three men in Suffolk County.
This horrific story has been covered at length on the pages of South Shore Press including a published letter from the sister of the man who was killed by the fentanyl overdose.
Suffolk County District Attorney Ray Tierney asked for a sentence of eight years for these crimes. Still, Suffolk County Court Judge Honorable Philip Goglas instead offered the admitted drug dealer, whose drugs killed a man, diversion to the JDP program rather than a prison sentence. He sold the drugs that nearly killed two people and did kill one person and he was essentially let go with no jail sentence.
“This is yet another example of how New York’s lax drug laws elevate the criminal and further victimize New Yorkers and their families,” said Assemblyman Joseph DE Stefano (R,C—Medford). “I join District Attorney Ray Tierney and the many others who plead for changes that will hold these criminals accountable. The elected officials who remain silent after these three residents, and countless others, were killed, should not have a sound night’s sleep until they do something about it. These deaths are directly attributable to their inaction. “
If the drug dealer completes the drug treatment program after eighteen months, followed by one-year probation, he will be able to withdraw his guilty plea and have his felony charges dismissed.
The outrage and irony here is that the admitted drug dealer was not a drug user himself at the time he sold the deadly mixture to these three men. And, the dealer continued to sell drugs after this incident.
Sending him to JDP not only won’t help him since he is not a user, but it takes a valuable spot in the program from someone who might actually benefit from it and set their life on a better course. And more importantly, this criminal will not be punished one bit while the loved ones of the man who was killed will suffer every day going forward.
New York Conservative Party Chairman, Gerry Kassar, said “I have no idea what went on with that judge, and I can't think of any extenuating circumstances which would make it appropriate to put a drug pimp that was involved with murders in a diversion program.”
Kassar added, “The drug laws in New York clearly aren't working, and nobody's stepping up on the Democratic side to make any changes at all. Once again, it seems to be much more of an attitude that the criminals are the victims, as opposed to attention being paid to the real victims.”