District Attorney Paul Walsh grew up just three blocks away from Michael, Mark, and their other brother, Donald, and knows them well. The assistant district attorney prosecuting Mark's case recommended two years incarceration, Mr. Walsh says. Mark's attorney, public defender John Holgerson, says his client had contracted a severe medical condition, leading to several operations, including the removal of his larynx. That's not atypical of many drug offenders who as a result of drug abuse either directly or indirectly end up with a long list of life-threatening medical problems. Ms. Borges, who had been arrested for drug trafficking at least once before in 1995, was charged with trafficking in excess of 14 grams of cocaine, but the case never made it out of District Court.
Prosecutors explain the reduced sentence as a success considering the weakness of their case.
Mr. Walsh says the officer who made the arrest searched Ms. Borges' purse without a warrant and without her permission. While a motion to suppress the evidence based on the questionable search was denied, Mr. Walsh says he does not think the case would have held up before a jury. It was a horrible search. Again part of our discretion involves equities, whether it's the right thing or the wrong thing to do for that defendant, the strength or weakness of the case and the likelihood of incarceration. He was charged with trafficking in excess of 14 grams of heroin, trafficking in a school zone and conspiracy to traffick drugs.