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Media Credit: Floris Leeuwenberg/Corbis
by Joshua Adland
Features Posted online at 7:08 AM EST on 2/10/04 / Last
updated at 5:57 PM EST on 2/10/04
Lizzy and her friends went back to her room, where they
carefully watched her to make sure she was OK. Lizzy said that though she was
acting funny, dancing around the room and singing, but she still did not feel
happy inside. It wasn't long before her thoughts besieged her again, she said,
and fear caused her to lock her friends out of her room.
Published on Monday, March 22, 2004
Mather Student Arrested on Drug Charges
Officer reports 45 bags confiscated
Daniel J. Hemel
Crimson Staff Writer
A Harvard undergraduate was arraigned on felony drug charges in Cambridge District Court Thursday after police allegedly found 16 bags of psilocybin mushrooms in his Mather House dorm.
If convicted on all three charges, Robert C. Schaffer ’05 faces a minimum jail term of two years and a cumulative maximum prison sentence of 22 years.
Associate Justice George Sprague of the Cambridge District Court set bail at $350 in cash or a $3,500 surety bond. Schaffer was released on bail Thursday.
Schaffer was arraigned on charges of possession of psilocybin with the intent to distribute—which carries a maximum sentence of five years—and possession of marijuana with the intent to distribute, which carries a maximum sentence of two years.
Because Schaffer’s Mather Tower residence is less than 1,000 feet from the Martin Luther King Jr. School on Putnam Avenue, Schaffer was also charged with a drug violation in a school zone.
Under Massachusetts law, possession of a controlled substance in a school zone with the intent to distribute carries a mandatory minimum jail term of two years and a maximum sentence of 15 years.
“There is no evidence that Mr. Schaffer was distributing drugs to the King School at this time,” said Harvard University Police Department (HUPD) spokesperson Steven G. Catalano. However, suspects need not distribute to children—or even be aware that they are inside a school zone—to be convicted under the Massachusetts Controlled Substances Act.
Officers arrived at Schaffer’s room late Wednesday night after a Mather resident called to complain about the smell of marijuana in the 12th floor hallway, Catalano said. He would not say whether the resident was a student or a tutor.
HUPD Officer Thomas F. Karns Jr., in an incident report filed Thursday morning, said he found the hallway door open and spoke with 12th floor resident Joshua Z. Steinberger ’03-’04.
Steinberger said he invited Karns to search his room. But Karns declined Steinberger’s offer, according to the report, because “the odor of marijuana did not appear to be emanating from [Steinberger’s room].”
Karns said he and HUPD Officer Steven Fumicello then knocked on Schaffer’s door, “where the odor of marijuana was at its strongest.” Schaffer agreed to let both officers into his room, Karns said.
According to Karns’ report, Schaffer then opened a desk drawer and handed Karns what appeared to be a bag of marijuana. “I noticed there were several clear plastic baggies in the drawer that [Schaffer] had taken the marijuana out of,” Karns wrote.
In total, Karns reported that he confiscated 45 clear plastic bags containing leafy and herb-like substances, as well as a foil bag marked “Betel Nut Smart Chew.”
Karns also seized a blue purse holding “an off-white waxy substance that was in flakes and a solid yellow chunk of an unknown substance,” according to the report.
Officers additionally confiscated a pipe, a 200-gram weight and scale, a large black hunting knife, a small box of rolling papers, a bag of potting soil and a hydroponics grow kit, according to the Karns’ report.
“It was clear from the way the drugs were packaged that it was possession with the intent to distribute,” Catalano said.
Police cannot make on-the-spot arrests on marijuana charges unless the quantity possessed by a suspect exceeds 50 lbs., Catalano said.
“Regardless of how much marijuana Mr. Schaffer had, nothing was going to prevent us from charging him with possession with intent to distribute,” Catalano said. But if Schaffer only possessed marijuana, police would have to obtain a summons before making an arrest.
The officers left the scene without taking Schaffer into custody.
When Karns returned to HUPD headquarters, he consulted a reference source to identify the unknown substances confiscated from Schaffer’s room. “In my opinion, the substance I confiscated from the drawer of Robert’s desk...was psilocybin,” Karns wrote.
Psilocybin is a Class C drug under Massachusetts’ Controlled Substances Act, allowing police to arrest Schaffer without a summons.
Karns said he and HUPD Sergeant Daniel Brown arrested Schaffer shortly before 5 a.m. on Thursday morning.
Mather House officials did not return requests for comment. Schaffer declined comment.
According to the Faculty of Arts and Sciences Handbook for Students, “when court action is pending or in progress, the Administrative Board may delay or suspend its own review process, in recognition of the student’s criminal defense interests.”
Schaffer was recruited by Harvard in 2001 to play tailback on the football squad, but quit the varsity team in January 2003.
He withdrew from classes last March and moved to Paris to improve his sketch artwork. “I stopped playing because I found myself no longer able to suppress my creative capacities,” Schaffer wrote in an e-mail to The Crimson last year.
Schaffer was formerly internal vice president of the fraternity Pi Kappa Alpha, but has been “incommunicado” with the group for about a year, said Raymond E. Hill ’05, president of the fraternity.
“The news of the arrest came as a complete shock to me,” said Joelle Hobeika ’05, who identified herself as Schaffer’s ex-girlfriend. “In all the time I’ve known him, he’s been an incredibly upright and responsible person,” she wrote in an e-mail to The Crimson.
“The only way I can rationalize the incident is as a brief, though major, lapse in judgement. I can only hope the consequences won’t be long-term,” Hobeika said.
“Rob is one of the most moral people I know. I feel as though what he is going through has been very undeserved,” said Sadie Robins-Murov ’05, who said she is a friend of Schaffer. “A lot of people are really upset and angry about this.”
—Staff writer Daniel J. Hemel can be reached at email@example.com.
Published on Wednesday, November 24, 2004.
Student to Face Pre-Trial for Drugs.
Senior was arrested for possesion and intent to distribute
By ROBIN M. PEGUERO
The next pre-trial hearing in the case of a Harvard undergraduate charged with possession of drugs with intent to distribute was set yesterday in Cambridge District Court, with the defendant noticeably absent.
Robert C. Schaffer ’05—who police say they found in his dorm with 16 bags of psilocybin mushrooms—will elect whether to face trial by jury or judge in a compliance and election hearing slated for Jan. 5.
The defendant was indicted March 18 for possession of psilocybin and marijuana, with intent to distribute both. Because Schaffer’s room in the Mather House tower was less than 1,000 feet from the Martin Luther King Jr. School on Putnam Avenue, he also faces charges of drug violations within a school zone.
Although possession of a controlled substance with intent to distribute within a school zone carries a minimum mandatory sentence of two years, Middlesex District Attorney Spokeswoman Emily J. LaGrassa said sentences differ on a case-by-case basis.
“It varies—depends on prior record, whether he pleads guilty or not,” LaGrassa said. “If he were to plea out, that [minimum] can be broken down.”
If convicted on all three charges, Schaffer faces a maximum sentence of 22 years in prison. But LaGrassa said incarceration is not a given.
“If the defendant is an addict, treatment may be more appropriate,” said LaGrassa.
Schaffer, who withdrew from class in March 2003, was absent from yesterday’s proceedings. When asked why his client was not in court yesterday, Schaffer’s attorney, Robert K. Leroy, replied with a grin, “I’m not comfortable talking about that.”
Police arrived at Schaffer’s room on the evening of March 17 in response to complaints that the smell of marijuana permeated the 12th floor hallway, Harvard University Police Department Spokesman Steven G. Catalano told The Crimson last March.
Once the officers traced the smell to Schaffer’s room, the undergraduate allowed police to enter and opened his desk drawer to hand them what appeared to be a bag of marijuana, according to the incident report filed by HUPD Officer Thomas F. Karns Jr.
Upon searching the room, HUPD confiscated 45 clear plastic bags containing herb-like substances which the report described as marijuana and psilocybin; a blue purse holding “an off-white waxy substance that was in flakes and a solid yellow chunk of an unknown substance”; a pipe; a 200-gram weight and scale; a large black hunting knife and a small box of rolling papers.
“It was clear from the way the drugs were packaged that it was possession with the intent to distribute,” Catalano said at the time.
—Staff writer Robin
M. Peguero can be reached at firstname.lastname@example.org.
Sawin faces new drug bust
June 23, 2006 - berkshireeagle.com
PITTSFIELD — Kyle W. Sawin, whom the commonwealth twice failed to convict of selling marijuana to an undercover police officer in a controversial Great Barrington drug sweep of two years ago, was arrested by the Berkshire County Drug Task Force on Wednesday and charged with numerous drug distribution offenses.
Sawin, 19, of Lebanon Mountain Road, Hancock, was also found in possession of a bag containing just under one pound of psilocybin mushrooms worth approximately $4,000, according to law enforcement authorities.
It is the biggest single seizure of the hallucinogenic drug psilocybin in the task force's 23-year history.
He was also found with a quantity of marijuana when he was arrested in Sheffield, authorities said.
Sawin has been charged with three counts of distribution of marijuana, one count of possession of marijuana with intent to distribute, one count of distribution of psilocybin mushrooms, one count of possession of psilocybin with intent to distribute, and one count of being a minor transporting alcoholic beverages.
Sawin was released on $500 bail, pending arraignment in Southern Berkshire District Court in Great Barrington on Monday.
It is alleged that Sawin sold marijuana in Great Barrington on June 18; marijuana and psilocybin mushrooms in Stockbridge on June 20, and marijuana in Sheffield on June 21.
Further criminal complaints against Sawin for distribution and possession of both marijuana and other drugs will be filed in Central Berkshire District Court in Pittsfield. Those complaints are in connection to a drug transaction that occurred at Sawin's residence in Hancock on June 16, and a search of that same residence on Wednesday.
Sawin's arrest followed a six-day investigation by the county's drug task force, but it came on the same day that his former attorney, Judith C. Knight, officially announced her candidacy for the Democratic Party's nomination for Berkshire County District Attorney. In the Democratic Party primary on Sept. 19, Knight will oppose incumbent District Attorney David F. Capeless, whose first-time drug offender prosecutions she has criticized.
Knight, who no longer represents Sawin, termed the timing of Sawin's arrest a "remarkable coincidence."
"I don't know what to make of it," she said yesterday.
Sawin was one of seven first-time drug offenders among the 17 Berkshire County residents who were arrested in the Great Barrington drug bust of 2004. The investigation generated a tremendous amount of controversy after Capeless announced his intention to prosecute the first-time offenders for selling drugs within 1,000 feet of a school or park, a charge that carries a minimum mandatory two-year jail sentence.
Capeless' decision spawned the formation of Concerned Citizens for Appropriate Justice, a citizen's group based in Great Barrington that opposes the district attorney's policy of pursuing the school-zone charge. CCAJ member John Whalan is Knight's campaign manager.
Reached in Worcester yesterday, where he was attending a court hearing, Capeless declined to comment on Sawin's arrest.
Sawin, the first of the Great Barrington defendants to go to trial, was charged with three counts of distribution of marijuana and three school-zone charges. His first trial in July 2005 ended in a mistrial. The commonwealth elected to retry Sawin on the same charges two months later, but that time he was acquitted.
CCAJ member Peter Greer called the arrest a "real tragedy for the Sawin family." Greer said he believed that if the district attorney's office had given Sawin the option of undergoing treatment or performing community service — instead of pursuing an "all-or- nothing approach" at trial, where acquittal or a two-year jail sentence were the only options — that "this sad day may not have come to pass."
The CCAJ has always advocated for "appropriate justice," Greer said, saying that those arrested should be "held responsible," but given "appropriate punishments."
"It didn't happen here," Greer said. "If it did we wouldn't be in the position that we are in today."
Knight said that she was "heartbroken" when she heard that Sawin had been arrested again because she cares deeply for his family.
"It does not change my resolve to work towards a better way to address people with substance abuse problems and give them the tools that they need to get back into society and stay clean," she added.
Sawin admits he sold drugs
State seeks maximum of 5 years
November 30, 2006 - berkshireeagle.com
PITTSFIELD — Kyle W. Sawin finally faced drug charges that
he couldn't fight.