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http://www.channel3000.com/news/11159391/detail.html# CHANNEL 3000: DA Says Office Will No Longer Charge Some Drug Cases DA Says Office Will No Longer Charge Some Drug Cases DA Says Resources Are Lacking

POSTED: 7:04 pm CST March 2, 2007
UPDATED: 8:48 pm CST March 2, 2007

MADISON, Wis. -- Dane County District Attorney Brian Blanchard said that due to shrinking resources, his office can no longer prosecute some lower-level drug cases.

He said that his office will no longer criminally prosecute cases for possession of small amounts of marijuana or drug paraphernalia. Blanchard said that those caught with just less than an ounce of marijuana will face a ticket instead of criminal prosecution.

"This is really more cases in which there isn't any other criminal conduct. If someone's possessing marijuana up to 25 grams, we're typically not going to charge that regardless of their criminal history," Blanchard said.

That applies even if that criminal history is serious, WISC-TV reported.

Over roughly the last 20 years, the county has grown, the jail population has soared and the number of law enforcement officers, but the district attorney's office has the same number of prosecutors.

The state said the local district attorney's office needs right more prosecutors, but the governor's budget includes no money for them. And the office is already down two attorneys due to retirements and a loss of federal money, WISC-TV reported.

Blanchard said that means something has got to give, including drug possession prosecution. He said he is encouraging municipal courts to issue citations.

Don Bates, deputy chief at the Fitchburg Police Department, said drug possession carries a $1,300 fine in Fitchburg.

"There are still prosecution arms there and individuals are still going to be held accountable for their actions albeit perhaps not in the circuit court arena. It's going to be in municipal court," Bates said.

The district attorney also said that drug dealing cases might need more investigation. In a memo, Blanchard said: "We will not issue charges unless the evidence of proof is beyond a reasonable doubt."

"I'm not saying let's prosecute less. I'm saying police need to perhaps do more," Blanchard said.

Gordy Disch, a Dane County Narcotics and Gangs Task Force member, said the changes "send a bad message but we'll have to deal with it."

But Disch added that it "won't change how we do business."

"A few more investigative techniques will have to be employed to get a successful prosecution, and we're capable of doing that," he said.

Detectives might not like the changes, but they acknowledge that the district attorney needs to address more serious crimes under budget constraints.

Blanchard said that if the staffing shortage continues, he will reduce prosecutions of crimes like some obstruction of officers and smaller property crimes like shoplifting and stealing property where there's no danger of harm.