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AG candidates trade barbs over drug plan Friday, Apr 14, 2006 By Aaron Sadler Arkansas News Bureau LITTLE ROCK - Democratic attorney general candidate Robert Herzfeld's plan to lengthen prison sentences for drug dealers was met Thursday with criticism from an opponent who said Herzfeld lacked credibility on the issue. Herzfeld, the Saline County prosecutor, said he supports stiffer penalties for peddlers of "ice," a type of methamphetamine often smuggled into Arkansas from Mexico. However, Rep. Dustin McDaniel, D-Jonesboro, said the Herzfeld anti-drug policy announced Thursday was based on a survey Herzfeld used public money to fund. The state Division of Legislative Audit reviewed the case and found Herzfeld did nothing illegal in using $5,000 from the prosecutor's drug control account to hire a Little Rock firm to conduct a telephone survey in the fall of 2004. The survey asked questions about penalties for meth manufacturers and included questions to measure whether voters were more likely to vote for legislators who supported stricter drug laws. It also asked respondents their feelings about a governor's clemency and pardoning powers, specifically those of Gov. Mike Huckabee. In spring 2004, Herzfeld sued Huckabee to void the governor's grant of clemency to a convicted murderer. The suit forced changes in the way Huckabee handles clemency requests. McDaniel contended Thursday that the poll "has been the basis of (Herzfeld's) entire political campaign." "The state said what he did was technically legal, but every prosecutor I have spoken with agrees that it was unethical and wrong. He should return that money to the people of Saline County," McDaniel said. In response, Herzfeld said he commissioned the survey to develop an agenda for the 2005 legislative session. McDaniel's criticism is a sign of a desperate candidate afraid of losing the May 23 primary, he said. Herzfeld, McDaniel and Paul Suskie, the North Little Rock city attorney, are vying for the Democratic nomination. The party's nominee will face Republican Gunner DeLay in the November general election to succeed Attorney General Mike Beebe, who is running for governor. McDaniel, a former police officer, also criticized Herzfeld for failing to charge a man for manufacturing meth in 2004 just months before the man was accused of killing a woman. Herzfeld said he did not have enough evidence to charge Charles Raymond Aguilar with a drug crime at the time. "I don't have any respect at all for the types of things Mr. McDaniel is saying, particularly when you look at his record of cutting sentences for meth manufacturers," Herzfeld said. Last year, McDaniel voted for a bill allowing some felons, including meth manufacturers, to be eligible for shorter sentences. Legislation that became Act 1034 of 2005 passed the House, 57-33. Herzfeld's proposal requires meth dealers to serve at least 50 percent of their prison sentences before being eligible for parole. Currently, the manufacturers typically serve half of their sentences, Herzfeld said in a news release. "Dealers of this super meth should face serious, serious consequences," Herzfeld said. "If you're bringing this type of poison into our state, you should face some serious time." Meanwhile Thursday, Suskie said he won the endorsement of a former Clinton administration cabinet member. Suskie announced that Hershel Gober, an Arkansan and former acting U.S. secretary of veterans affairs, supported his candidacy. Suskie, an officer in the Arkansas National Guard, said Tuesday he would open an Office of Veterans Advocacy if elected attorney general. DeLay said he agrees with Herzfeld on the meth issue. His own plan for combating illegal drugs involves establishing a minimum bail requirement for meth distributors and manufacturers. He supports a law to set the minimum bond for drug dealers at $200,000. "One of the biggest problems is that they are arrested and released the same day," DeLay said. "This makes it more difficult to get them back out on the street." Herzfeld said another significant part of his anti-drug plan is the creation of the Strategic Anti-Drug Planning Council. The council of law enforcement officials, drug treatment experts and educators would meet often to develop long-term plans for the war on drugs. Also, Herzfeld proposed expansion of the state's Drug Court program to all 75 counties and creating the position of drug court administrator. He would expand educational campaigns on the dangers of crack cocaine and prescription drug abuse, Herzfeld said, and would create a statewide database to track sales of pseudoephedrine in pharmacies and retail stores. Pseudoephedrine is used in meth manufacturing. The General Assembly adopted legislation in 2005 that requires pharmacists to keep cold medicines that contain pseudoephedrine behind the counter. Suskie pledged to work with law enforcement officials statewide for "common sense sentencing" for drug offenders. "I applaud all debate and discussion related to drugs and the impact they have on our state," he said. "I, like Mr. Herzfeld, will work with local law enforcement, Legislature and the governor to address crime." |