FORT LAUDERDALE, Fla. — A prosecutor in Florida has announced plans to overturn approximately 2,600 convictions involving individuals who purchased crack cocaine produced by the Broward County Sheriff’s Office as part of undercover operations conducted from 1988 to 1990.
In 1993, the Florida Supreme Court ruled that charges could not be brought against individuals in cases where the sheriff’s department manufactured the crack cocaine and then sold it through undercover officers, who subsequently arrested the buyers.
On Friday, Broward County State Attorney Harold F. Pryor stated that during a review of past records, it was discovered that numerous individuals may still have active criminal charges or convictions related to these sting operations. “It is never too late to do the right thing,” Pryor remarked in his statement.
This situation is indicative of the repercussions stemming from the crack cocaine crisis that swept through the United States in the late 1980s and early 1990s, which led to severe law enforcement measures and significant criminal penalties.
Some individuals may have faced serious felony charges for purchasing drugs in close proximity to schools. Under the relevant law at the time, such convictions mandated a minimum incarceration period of three years.
Ed Hoeg, a defense attorney, recounted how people were arrested primarily for buying drugs rather than selling them. He noted that, in his capacity as a public defender, he represented Leon Williams, whose case prompted the state Supreme Court to prohibit these practices. “They had detention deputies posing as dealers,” Hoeg explained. “They would sell it, and these unfortunate individuals battling addiction would purchase it. The fact that it was sold near schools imposed harsher penalties.”
According to the sheriff’s office, the decision to produce crack cocaine was made to ensure they had sufficient quantities for their sting operations and to avoid having to later verify the composition of cocaine made by a sheriff’s office chemist.
The Florida Supreme Court deemed the conduct of law enforcement in these cases “so outrageous” that it violated the due process rights outlined in Florida law. Pryor has informed Broward County Sheriff Gregory Tony about his intention to petition judges to vacate these convictions, with Sheriff Tony expressing support for the initiative. Furthermore, individuals affected by the convictions may have the opportunity to seal or expunge their records.
Pryor acknowledged that the review process would require a significant amount of time and assured that his office would reach out to those who might be impacted.
