BY MIKE DESMOND
Sentencing of
James Hamilton, the Buffalo police officer fired for marijuana dealing,
was delayed as a federal judge considers the case.
"The gun charge is the elephant in the room,
obviously. That's the five-year mandatory minimum," Defense lawyer Tom
Eoannou told reporters following Wednesday's session in federal court.
Eoannou's client James Hamilton was slated to be
sentenced yesterday. The probationary cop who was fired after selling marijuana
to an informant has admitted to possession for the purpose of trafficking and
agreed to 18 to 24-months in jail in a plea deal.
That plea deal, however, doesn't include the charge of
possession of a weapon during the commission of a drug crime, in this case his
service weapon. Hamilton was carrying his weapon while taking $1,100 worth of
marijuana from where he was growing it in his basement and taking it to the
scene of the sale where he was arrested.
Eoannou says Chief Federal District Judge William
Skretny wanted time because there is a complex legal issue involved.
"If the court were to go lower, the 11-C-1-C plea
would no longer be valid and effective and the United States government could
proceed with both the marijuana and the gun charge. That is why we took the
week's adjournment to discuss what is a fair and appropriate disposition in
light of this young man's exemplary character."
That gun charge carries a mandatory minimum sentence
of five years in jail. After the probationary officer was fired, his wife was
notified by State Police not to show up for basic training at the State Police
Academy.
During the court hearing, Judge Skretny left the
impression loss of two law enforcement careers and limited jail time might be
enough punishment.
