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DA'S DECISIONS DON'T ADD UP

To the Editor of THE EAGLE:

Is anyone else stymied by the new math coming out of Berkshire District Attorney David Capeless' office? Here's the first equation: a 19-year-old Pittsfield man, plus a guilty plea for possession of cocaine with intent to distribute, plus possession of marijuana with intent to distribute, plus possession of hash ( all within a school zone ), plus breaking and entering with the intent to commit a felony, plus operating an uninsured motor vehicle, equals three years' probation.  The second equation? An 18-year-old man from Great Barrington, plus a charge of possession of marijuana with intent to distribute in a school zone, equals two years in prison.

The numbers get even fuzzier when you consider the following facts.  The 19-year-old Pittsfield man was also charged with single counts of possession of a firearm without a firearm identification card, possession of a firearm during the commission of a felony, unlawful possession of a large-capacity weapon, possession of a large-capacity weapon during the commission of a felony, two counts of a drug violation within a drug-free school zone and one count of operating an unregistered motor vehicle ( a repeat offense ).  Stay-the-course Capeless dropped all of these charges, however, including the "mandatory" school zone charge.  The 18-year-old from Great Barrington? Capeless intends to prosecute this first-time offender to the fullest extent of the law.  I keep going over the numbers but, somehow, they just don't add up.

Robin Getzen

Lenox