LA: Anti-gun initiative hailed as success (Project Exile, New Orleans) (11/20/2001)

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Anti-gun initiative hailed as success Project Exile punishes felons with weapons 11/19/01By Gordon Russell Staff writer/The Times-PicayuneWhen New Orleans police searched Elliot Pendelton's home in the Riverbend area two years ago, they found the usual trappings of a drug dealer: 16 grams of crack in 45 baggies, a quarter-ounce of heroin, a scale, a cooker, a wad of cash.They also found two firearms: a .380-caliber pistol and a .30-caliber rifle. Because Pendelton had a 1998 conviction for selling cocaine, police turned him over to federal authorities, who prosecuted him under a program aimed at getting criminals with guns off the street. Under Project Exile, felons caught with guns are sent to federal rather than state court, where justice is often swifter and harsher.A felon caught carrying a gun is eligible for a five-year prison sentence under federal law. If the offender is engaged in another crime along with carrying a gun, such as selling drugs, the penalties can be much stiffer.In Pendelton's case, the guns meant 10 years in federal prison. He was one of the first prosecuted under New Orleans' version of Project Exile, which originated in 1997 in violence-plagued Richmond, Va.The local effort began in early 1999 as city leaders, including Mayor Marc Morial, Police Superintendent Richard Pennington and then-U.S. Attorney Eddie Jordan, sought ways to further reduce New Orleans' crime rate, which had started to inch down. Since then, 174 felons carrying guns have been referred to the U.S. attorney's office for federal prosecution. A vast majority of them -- more than 90 percent -- have pleaded guilty, receiving prison terms that average nearly four years.Local authorities credit Project Exile with playing a big role in knocking down the crime rate, and the New Orleans Police Foundation on Tuesday will honor more than 200 police officers, federal prosecutors and agents from the Bureau of Alcohol, Tobacco and Firearms for their work with the program."It's been a very good tool for us in law enforcement," Pennington said. "In fact, we think the word is getting out about it, because we're not catching as many of these multiple felons with guns anymore."Slam-dunk for prosecutorsTypically, federal authorities "adopt" cases in which the felon is considered dangerous but may not have been engaged in a violent crime at the time of his arrest. For instance, many cases are referred to the feds after local police find a gun during a routine traffic stop and check the suspect's rap sheet.Law enforcement officials say federal laws and courts offer numerous advantages -- including consistently tough sentences, thanks to guidelines that give judges little flexibility."The peculiar situation we have here is that sometimes gun offenders are not given stiff penalties in state court," Jordan said. "One of the advantages of Project Exile is that if a person is found guilty of being a felon with a firearm, then that person will necessarily receive prison time."In almost every case, those facing prosecution under federal gun laws are denied bond, meaning they're off the streets the minute they're arrested. Not only do authorities believe this reduces crime, they say it makes it hard for those awaiting trial to intimidate witnesses -- which often becomes a problem in state court.Once the case goes to trial, proving that an ex-con broke the federal gun law is usually a slam-dunk."The only questions you have to answer are: One, is he a felon? And two, did he have a firearm on him when he was arrested?" said Terry Ebbert, New Orleans Police Foundation executive director.A typical case was that of Ernest Trosclair, pulled over this summer by New Orleans police in a traffic stop. In the car, police found a .40-caliber Smith and Wesson that Trosclair had bought at a local pawnshop. He had purchased a second gun on layaway.Trosclair, who had been convicted of selling cocaine in 1997, pleaded guilty to violating federal gun laws. He is due to be sentenced Dec. 12.Not all cases are so mundane. For instance, five men accused of operating a violent heroin gang known as the 10th Ward Posse were indicted last month on a series of federal charges, including murder, as well as the gun law that is the centerpiece of most Project Exile prosecutions. Law too harsh, critics sayThough Project Exile has generally been hailed by Republicans and Democrats alike, not everyone is a fan.Critics say it is typical of a harmful trend in law enforcement -- a push to put more people in jail for longer for less severe crimes. They say such movements give little thought to whether such penalties are warranted -- or whether they improve safety."There doesn't seem to be any evidence that increasing incarceration rates reduces crimes rates," said Bill Rittenberg, president of the Louisiana Association of Criminal Defense Lawyers. "If it did, Louisiana should have the lowest crime rate in the country."Rittenberg called the strict federal sentencing guidelines an example of a "one size fits all" mentality."The reason we have judges is for judgment," he said. "Sentencing should be part of the judicial function. One defendant may deserve leniency, and another may not."But prosecutors say those are flawed arguments."These laws were designed by Congress to protect the citizens of our country from criminals who would exploit the revolving doors of judges who would cavalierly give out bail," acting U.S. Attorney Jim Letten said.When it began, Project Exile represented a major shift in philosophy for the U.S. attorney's office, which has traditionally busied itself with white-collar crime and public corruption. With Project Exile, "the federal prosecutor is able to play a role normally played by the local DA," Jordan said. "He becomes a street-crime fighter."Jordan, a Clinton appointee, left office after President Bush was sworn in. He has been replaced on an interim basis by Letten, and Fred Heebe, a Jefferson Parish attorney, is awaiting confirmation as the permanent U.S. attorney.No matter who's in office, it appears likely that Project Exile will remain in place and perhaps expand. Bush is a fan of the program -- he mentioned it in glowing terms at least twice in presidential debates -- and has promised to pay for more federal prosecutors in order to beef it up.The Sept. 11 attacks, Letten noted, have forced federal prosecutors around the country to redirect some of their energies. But he doesn't expect that to diminish the emphasis on programs such as Project Exile.Although Project Exile arrests and convictions have actually tailed off each year since the program began, with 79 arrests in 1999, 59 last year and 36 this year, authorities say the trend is a sign of success.. . . . . . .Gordon Russell can be reached at grussell@timespicayune.com or at (504) 826-3347. http://www.nola.com/news/t-p/frontpage/index.ssf?/newsstory/guns19.html