NORWICH – An accused heroin trafficker wants to be treated for his alleged addiction rather than face incarceration, citing a new legal statute which gives judges the sole power of deciding the issue without prosecutor’s consent.
Following months of investigation by the Norwich City Police and New York State Troopers, police arrested 39-year-old David A. Cahill and his 21-year-old live-in girlfriend, Rachael A. Cummings, on charges of trafficking heroin at their residence at 4 Lee Ave., on Sept. 30.
After waiting nearby for Cahill’s three children, ages 5, 7 and 9, to board the school bus, police swept through the home, deploying concussion grenades and crashing through the residence’s front and rear doors.
On Oct. 28, Cahill was indicted for third degree criminal possession of a controlled substance, a class B felony, and first degree criminal nuisance, a class E felony. Neither of the charges are considered violent crimes.
Police seized nine individually-wrapped packages of heroin stamped with the words “Game Over” on them. The total value of the drugs seized was estimated to be around $200.
First Assistant District Attorney Stephen Dunshee said at a prior court hearing that Cahill had past arrests in his home state of Connecticut for multiple drug-related offenses, including sale and possession. Dunshee also said Cahill’s past acts in the state included fleeing and fighting with police.
In court Monday, Assistant District Attorney James Chamberlain also recalled the past charges, saying Cahill had served time in prison, but did not elaborate on the details.
Cahill’s Public Defender Alan Gordon requested that his client be considered for judicial diversion, a newly-defined legal statute that focuses on treatment and rehabilitation.
“(Cahill) is obviously a man with a substance abuse issue plaguing him and there’s no doubt that his drug addiction contributed to his current legal issues before this court. It’s certainly in Mr. Cahill’s best interest and the public’s to get his life back under control and we’re seeking appropriate treatment to that effect,” said Gordon.
Under the new guidelines, Gordon said the decision to grant the request rested with the presiding judge in the case, W. Howard Sullivan.
“This is one of the first times they’ve done this before on the judge’s end, because the decision doesn’t need prosecutor consent,” said Gordon.
In this case, consent was definitely not offered by the prosecution.
“Mr. Cahill was arrested in connection to an executed search warrant and appears to have been a local heroin dealer in our community. At this point in the case, without an admission, it is not appropriate to consider him for judicial diversion,” said District Attorney Joseph McBride.
Chamberlain said Cahill would be evaluated at the Chenango County Correctional Facility, where he is currently being held on $50,000 bail.
Sullivan said he would make a decision on the matter after the evaluation.
“It’s a new statute that came into effect this year for certain types of drug offenses or drug motivated offenses, like a burglary motivated by a drug habit for example,” said Gordon. “It lets the judge decide pretty much what he wants, from a number of treatment options, in lieu of conventional jail time to a flat denial of the request.”
Gordon, who heads the Chenango County Public Defender’s Office, added that defense attorneys may apply for the diversion whenever they believed an alleged crime was motivated by drugs or alcohol.
“If there is a client with a clear drug problem, then a request should be made to get him the treatment he needs,” said Gordon.
Gordon added that the request did not reflect any level of admission to the criminal charges against Cahill or other defendants.
“He’s not admitting anything in regard to the guilt or innocence of the charges, but obviously we’re admitting he may have a drug or alcohol problem,” said Gordon.