FORT LAUDERDALE, Fla. (AP) — A prosecutor in Florida has announced plans to vacate up to 2,600 convictions related to individuals who purchased crack cocaine produced by the Broward County Sheriff’s Office during undercover sting operations from 1988 to 1990.
The issue arose when the Florida Supreme Court ruled in 1993 that individuals could not be prosecuted if they were caught in operations where the cocaine had been produced by the sheriff’s office itself. This ruling highlighted serious concerns about the ethics of these police practices.
Broward County State Attorney Harold F. Pryor disclosed on Friday that while examining past records, his team discovered that many individuals may still hold criminal charges or convictions stemming from these operations. “It is never too late to do the right thing,” Pryor stated.
This situation underscores the devastating impact of the crack cocaine epidemic during the 1980s and early 1990s, which led to extreme policing methods and severe legal consequences for many involved.
Some individuals may have faced severe felony charges simply for buying drugs near schools, which at the time mandated that offenders received a minimum three-year prison sentence. “They were arresting people not for selling, but for purchasing,” explained defense attorney Ed Hoeg in an interview with the Sun Sentinel of Fort Lauderdale. Hoeg has firsthand experience, having represented Leon Williams, whose appeal led to the Supreme Court’s ruling against such practices.
Hoeg elaborated on the method used during those sting operations: “They had detention deputies posing as dealers. They would sell drugs, and these individuals, often struggling with addiction, would purchase it. Since this was occurring within 1,000 feet of schools, the penalties were notably harsher.”
According to the sheriff’s office at the time, they began manufacturing crack cocaine for these operations because they lacked sufficient seized drugs, and they could circumvent the need for testing the cocaine content after it was created by their own chemists.
The Florida Supreme Court concluded that the conduct of law enforcement in these cases was egregious enough to violate the state’s due process clause. “We find that the law enforcement’s conduct here was so outrageous as to violate Florida’s due process clause,” the court stated in their decision, which can be found here.
Pryor has informed Broward County Sheriff Gregory Tony about his intention to ask judges to vacate the related convictions, and he received Tony’s support for this initiative. Additionally, some defendants may have the opportunity to seal or expunge their criminal records, according to Pryor.
Pryor emphasized that the review process will take “a considerable amount of time,” adding that his office will reach out to those who may be impacted by this decision.
