http://dallasnews.com/texas_southwest/92492_prosecute_08te.html Drug-case protests to begin Border counties to end federal prosecutions 06/08/2000 By George Kuempel / The Dallas Morning News AUSTIN - Accusing the U.S. Justice Department of "paying lip service" to the war on drugs, four state senators announced Wednesday that authorities in Texas border counties will stop prosecuting federal drug cases July 1. The lawmakers said taxpayers in the border counties - among the poorest in the nation - can no longer afford the cost of prosecuting hundreds of drug cases made by federal agents along the border with Mexico. Some of these "smaller" drug cases involve as much as 250 pounds of marijuana, the senators said. "For years, border counties, the poorest in the U.S., have borne the burden of border justice," said state Sen. Eliot Shapleigh, D-El Paso. "We can no longer bear this burden. The federal government must prosecute and pay for what it is charged to do." Justice Department officials in Washington referred inquiries to the U.S. attorney's office in Phoenix, which could not be reached for comment. Sen. David Sibley, R-Waco, accused the Justice Department of "paying lip service" to its commitment to "zero tolerance" by declining to prosecute cases involving "lesser amounts" of drugs. "'Zero tolerance' does not mean declining to prosecute the possession of 50 pounds to 250 pounds of marijuana or a pound of cocaine," he told reporters. The lawmakers displayed for reporters 109 pounds of individually wrapped packets of marijuana - an amount they said federal authorities don't think is worthy of prosecution in federal courts. Mr. Sibley said that some drug dealers, aware that federal prosecutors don't want to handle cases involving smaller amounts, are "breaking down" their loads of marijuana being shipped into Texas. They know if they are caught, "It's get out of jail free," he said of the federal policy. Mr. Sibley said that policy is punishing border residents and putting a heavy strain on the state's already overcrowded prisons. "Our border counties are bearing the cost of incarcerating and prosecuting federal criminals, while taxpayers statewide are paying for prison beds for those successfully convicted," he said. Joining in the boycott of federally referred cases originating from stops at border checkpoints and U.S. ports of entry beginning July 1 are El Paso, Hudspeth, Cameron, Hidalgo and Star counties. Prosecutors in Webb and Zapata counties already refuse such cases. Norma Estimbo Lacy, a spokeswoman for the U.S. attorney's office in Houston, said the U.S. attorney's office moved more staff members to Laredo. She said her office probably will move more people to Brownsville and McAllen to compensate for more refusals. El Paso County District Attorney Jamie Esparza, who joined the lawmakers at the news conference, said the more than 500 federally referred drug cases prosecuted in El Paso alone each year cost the county more than $8 million. Mr. Esparza, who serves as head of the Southwest Border Prosecutors, representing prosecutors from Brownsville to San Diego, Calif., said he has tried unsuccessfully for three years to persuade U.S. Attorney General Janet Reno and the Justice Department to reimburse the counties for prosecuting the federal cases. "I'm now three years at it, and still no relief," he said. He said federal authorities have told him they fear that if they give special help to the Texas counties, they will have to do it for the rest of the country. Mr. Esparza dismissed that argument. He said Texas is unique because of its border with Mexico - one of the largest entry points for illicit drugs. Gov. George W. Bush, meanwhile, said Wednesday that if elected president, he will propose a $50 million initiative to help border communities prosecute drug crimes. Mr. Bush, the probable Republican nominee, said the Southwest border is the front line in the battle against the international drug trade, and the federal government "must step up and do its part" in prosecuting drug dealers. His likely Democratic opponent, Vice President Al Gore, has defended the Clinton Administration's drug fighting efforts. He said the number of border patrol agents has more than doubled, and billions more in federal money has been committed to the battle during the administration's watch. The Associated Press contributed to this report. -- ----------------------- NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. 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