CONGRESSIONAL FAMILY DRUG OFFENDERS ESCAPE MANDATORY SENTENCES, GET FAVORABLE TREATMENT
TODD CUNNINGHAM--SON OF U.S. REP. RANDY "DUKE" CUNNINGHAM (R-CA): In Boston, Todd Cunningham, 29, was sentenced on November 17 to 2-1/2 years in federal prison for marijuana smuggling. Rep. Cunningham, who has supported the death penalty for drug traffickers, made a tearful plea to U.S. Judge Reginald C. Lindsay for leniency for his son. Prosecutors supported the sentence, which is half the mandatory five-year term for such an offense, because Cunningham provided information about other offenders involved in the smuggling operation. It was Cunningham's first conviction (Bill Murphy, "Son of lawmaker sentenced to prison," SAN DIEGO UNION TRIBUNE, November 18, 1998).
Prosecutors had agreed to recommend a 14-to-18-month term in boot camp and a halfway house for Cunningham, but the Representative's son tested positive three times for cocaine while released on bail. On the day of the third failed drug test, Cunningham tried to escape authorities by jumping out a window onto a restaurant roof, breaking his leg. He is scheduled to participate in drug treatment while in prison, which, if successful, may reduce his sentence by as much as a year.
Todd Cunningham was arrested on January 17, 1997, by DEA agents for flying more than 400 pounds of marijuana into Lawrence Municipal Airport in North Andover, Massachusetts (see "U.S. Rep. Cunp;ningham's Son Charged With Drug Trafficking," NEWSBRIEFS, February 1997, p. 30).
On August 14, 1997, Cunningham pleaded guilty to possession and conspiracy to sell marijuana. He also admitted to helping smuggle two other shipments of marijuana out of California (Bill Murphy, "Lawp;maker's son pleads guilty," SAN DIEGO UNION TRIBUNE,, August 15, 1998).
Rep. Randy "Duke" Cunningham--2238 RHOB, Washington, DC 20515, Tel: (202) 225-5452, Fax: (202) 225-2558, District office in Escondido - Tel: (619) 737-8438.
CLAUDE SHELBY--SON OF SEN. RICHARD SHELBY (R-AL): On July 24, authorities at Atlanta's Hartsfield International Airport arrested Claude Shelby, the youngest son of US Senator Richard Shelby (R-AL), for possession of 13.8 grams of hashish. Claude Shelby, 32, is married and has one child. Sen. Shelby is chairman of the Senate Select Committee on Intelligence ("Drug Charge," USA TODAY, July 29, 1998, p. 6A).
U.S. Customs Service inspectors found the hashish in Shelby's possession using a drug-sniffing dog. Shelby, who had arrived on a flight from London, was issued a $500 fine, which he paid on the spot. He was then turned over to the Clayton County Sheriff's Department for state prosecution.
Responding to the incident, Sen. Richard Shelby said that he and his family were "shocked and saddened" by the charge but that he would "stand by him through this difficult ordeal." The senior Shelby added, "My position on fighting drugs is well known. It continues to be a priority for me regardless of personal circumstances."
"The senator may find it hard to be stoic if his drug-fighting colleagues in the House have their way," said Monica Pratt, communications director for Families Against Mandatory Minimums, in an op-ed in the ATLANTA CONSTITUTION. Pratt was referring to the "Drug Importer Death Penalty Act" (HR 41), introduced by House Speaker Newt Gingrich (R-GA), which would mandate a life sentence without parole for offenders who import "100 usual dosage amounts" of a controlled substance, and a death sentence for such offenders with a prior conviction for a similar drug offense. The measure does not define what amounts constitute "100 usual dosages." Pratt said, "Under this broad definition, Claude Shelby's 13.8 grams of hashish could be enough to qualify him for life imprisonment (Monica Pratt, "Congress Comes into the Courtroom," ATLANTA CONSTITUTION, August 12, 1998). The U.S. Sentencing Guidelines provide that 1 gram of hashish is the equivalent of 5 grams of marijuana and that 1 gram of marijuana is two doses.
"Luckily for the senior Shelby, he will not know the pain of visiting his son in prison for the rest of his life. . . . Perhaps his son's brush with the law will convince the senator that life-and-death sentencing policies are not trifling matters to be bandied about during election-year politicking," said Pratt.
Sen. Richard C. Shelby--SH-110, Washington, DC 20510, Tel: (202) 224-5744, Fax: (202) 224-3416, E-mail: <senator@shelby.senate.gov>.
Monica Pratt--Families Against Mandatory Minimums, 1612 K Street, NW, Suite 1400, Washington, DC 20006, Tel: (202) 822-6700, Fax: (202) 822-6704, E-mail: <famm@famm.org>, Web: <http://www.famm.org>.
DARLENE WATTS--SISTER OF U.S. REP. J.C. WATTS (R-OK), the new House Republican Caucus Chairman, the number-four position in the House leadership: Darlene Watts, 34, was given a seven-year suspended sentence after successfully completing a boot camp program for nonviolent offenders. Darlene Watts was charged with possession and distribution of marijuana, methamphetamine, and drug paraphernalia, and maintaining a property where drugs were kept. She pleaded guilty to six drug-related counts in March 1998 (Associated Press, "Watts' Kin Gets Term Suspended," July 20, 1998).
Rep. J.C. Watts--1210 LHOB, Washington, DC 20515, Tel: (202) 225-6165, Fax: (202) 225-3512, E-mail: <rep.jcwatts@mail.house.gov>.
CINDY McCAIN--Wife of Sen. John McCain (R-AZ): In 1995, Cindy McCain admitted to stealing Percocet® and Vicodin® from the American Voluntary Medical Team, which provides humanitarian aid to Third World countries. The two narcotic painkillers are Schedule II drugs, in the same category as cocaine and opium. Sen. McCain is the chairman of the Senate Commerce, Science and Transportation Committee. Cindy McCain became addicted to the drugs after undergoing back surgery. However, instead of prosecution, the senator's wife was allowed to enter a pretrial diversion program. An editorial writer in the Arizona Republic noted: "Conservatives seemed to achieve some sort of drug-rehab epiphany when Ms. McCain made her announcement. Newspapers that often used words such as drug addict and thug as describing the same person suddenly had a new sensitivity to the problem" (Doug MacEachern, "Painkillers Took Over Her Life," SAN JOSE MERCURY NEWS, August 23, 1995, p. 8A; James Bovard, "Prison Sentences of the Politically Connected," PLAYBOY, April 1997, p. 46).
Sen. John McCain--SR-241, Washington, DC 20510, Tel: (202) 224-2235, Fax: (202) 228-2862, E-mail: <senator_mccain@mccain.senate.gov>.
DAN BURTON II--Son of U.S. Rep. Dan Burton (R-IN): In January 1994, Dan Burton, Jr., was arrested in Louisiana for transporting nearly eight pounds of marijuana in the trunk of his car. Rep. Burton is the chairman of the House Government Reform and Oversight Committee. Six months later, Burton was arrested again, this time at his Indianapolis apartment, where police found thirty marijuana plants and a shotgun with ammunition. Federal prosecutors declined to prosecute the case; Indiana prosecutors recommended dismissal of the charges against Burton; and a Louisiana judge sentenced him to community service (Associated Press, "Congressman's Son Arrested With 7 Pounds of Marijuana," GARY POST-TRIBUNE, January 14, 1994, p. B5; Eric Schlosser, "More Reefer Madness," ATLANTIC MONTHLY, April 1997, pp. 90-102).
U.S. Rep. Dan Burton--2185 RHOB, Washington, DC 20515, Tel: (202) 225-2276, Fax: (202) 225-0016.
OTHER CASES: According to author Jim Bovard, other cases that have ended relatively favorably for family members of politicians include: marijuana and cocaine possession and distribution charges against Richard Riley, Jr., son of Education Secretary Richard Riley; cocaine possession charges against Gayle Rosten, daughter of then-U.S. House Ways and Means Committee chairman Dan Rostenkowski (D-IL); cocaine distribution charges against John Murtha, son of U.S. Rep. John Murtha (D-PA); cocaine distribution charges against Susan Gallo, daughter of U.S. Rep. Dean Gallo (R-NJ); marijuana possession charges against Warren Bachus, son of U.S. Rep Spencer Bachus (R-AL); and possession of cocaine with intent to distribute charges against Josef Hinchey, son of Rep. Maurice Hinchey (D-NY) (James Bovard, "Prison Sentences of the Politically Connected," PLAYBOY, April 1997, p. 46).
Perhaps these members of Congress will be the first to support Amnesty 2000 (<www.gwbush.com/Amnesty2000.htm><www.ndsn.orgTOPICS/igures.html>
--Cunningham, Shelby, Watts, Criminal Justice Policy Foundation