DA candidates on treatment court, drug charges
The following is the last in a four-part series on the race for Fayette County district attorney.
Last month, the state Legislature passed changes that have reinstated the charge of drug delivery resulting in death — a charge that is meant to hold accountable anyone who sells drugs that lead to someone’s death.
Both candidates for Fayette County district attorney, Democrats Jack R. Heneks Jr. and John S. Cupp Jr., said during a meeting with the HeraldStandard.com editorial board that they would prosecute the charge.
Heneks said that there have been numerous cases where people have died from drug overdoses in Fayette County, and said police and prosecutors will begin making those cases.
“They are not easy cases, but with drugs in the community as they are … we certainly are going to vigorously pursue the statute and those kinds of cases. Any deliveries that result in a death, we’re going to prosecute as effectively and fully as we can,” Heneks said.
Cupp said that the conviction and imposition of penalties against someone who commits a crime is “an important factor in deterring crime.”
“The addition of additional charges by virtue of someone dying by a drug overdose would present little difficulty for me,” he said. “It affords the commonwealth an opportunity to impose a more just punishment on those who sell drugs and cause the death of innocent individuals.”
Cupp noted that he has a degree in biology, which could aid him in prosecuting such cases.
The candidates also discussed their thoughts on the county’s treatment court, which focuses on treating people who suffer from mental illness who have been arrested. The court also addresses issues that may be secondary to mental illness, like drug or alcohol abuse.
Heneks said that treatment courts are a “great idea” because they try to address the root of criminal behavior, and prevent further criminal behavior.
“I’m certainly in support of those kind of alternative treatments. I think it’s the growing trend in criminal justice,” Heneks said. “It’s treatment for that individual and also protects the public.”
Cupp said that treatment courts are “an economical and responsible way for the court system to move.”
“The district attorney should be someone who cooperates and joins in that system,” he said.
Cupp went on to note that, despite Heneks contention that he has not tried many criminal cases, he did try one against Heneks in 1999, which ended in a mistrial.
Cupp noted that after the mistrial, the plea offer was greatly reduced. He noted that this year, he has been in court 20 times on criminal matters, and tried two jury trials this year.
Heneks said voters should focus on his experience and years of service as a prosecutor.
“I know my way around the courtroom, and I know what is effective and what is not,” he said.
Cupp could not give sound advice to assistant prosecutors because he lacks experience in criminal matters, Heneks said.
Citing a retail theft case that was dismissed in March because prosecutors did not bring it to trial in time, Cupp said he would organize the office to keep cases “from falling through the cracks.”
Additionally, Cupp said he is truly independent of political ties.
“I am no one’s person. I have no ties to any political clique,” he said. “The need is for change, and John Cupp will change the district attorney’s office.”
Cupp said that the system needs changed to one “that is not inbred and continues to feed on itself.”
He noted he spent his own money on the campaign, and did not accept contributions.
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