Back, but not alone
Clergyman puts in a word for man who skipped drug trial, convicted in absentia

By ROBERT GAVIN, Staff writer
First published in print: Friday, July 3, 2009

ALBANY -- In 2002, former supermarket owner Ramon Gutierrez skipped town in the midst of his heroin trafficking trial and headed to the Dominican Republic.

He was convicted in absentia, sentenced to 22 years to life in prison and never spent a day behind bars. Instead he joined the Dominican national cycling team.

On Thursday, as the 47-year-old man returned to Albany County Court for the first time in six years, court papers revealed Gutierrez not only wants credit for his achievements on the lam, but that an Albany clergyman has staunchly supported him.

"This letter is a testimony in support of the good character of Ramon Gutierrez," the Rev. Dr. Victor Collier wrote in a Dec. 8 letter to a judge in the Dominican Republic.

Collier, president of ARISE, a group that works to revitalize the low-income neighborhood, urged the extradition of Gutierrez to Albany be rejected so he "may continue to do in his homeland some of the good work he did during his time in Albany."

Collier, who called the conviction unjust, wrote that Gutierrez "made a strong and positive contribution in trying to run his store in an area where far too businesspeople see good opportunities.

"My own organization continues to strive for more investments in poor parts of our region like those made by Sr. Gutierrez," he stated, "and I trust there are many more in his current home who will say the same."

Juan Julio George, the publisher of Latino New York, also wrote to the Dominican courts on behalf of Gutierrez last December but acknowledged in the letter he was unfamiliar with his case.

Collier could not be reached, but a person familiar with the thinking of ARISE said Collier accepted the "partial account of the situation" from the defendant's sister, Lucia Gutierrez, who works with the group. The person said they "erred in not having checked the court records or being aware of other evidence."

He indicated Collier planned to retract his support. The clergyman had written in his letter that it was a "questionable conviction" and "unjust sentence."

On Sept. 18, 2002, Gutierrez was found guilty of first-degree drug possession and sale. A jury found he stored 4.8 pounds of heroin in the basement of his business, the Compare supermarket on Quail Street. Gutierrez's product contained nearly pure heroin from South America that reached Albany after being smuggled by ship to Newburgh.

On Thursday, attorney Terence L. Kindlon asked Judge Stephen Herrick to consider changes to soften the state's old Rockefeller drug laws since the conviction. His request followed an earlier defense motion in March that highlighted Gutierrez' achievements in the Dominican Republic -- when he was supposed to be serving prison time in New York.

Gutierrez, the one-time owner of the Compare supermarket on Quail Street, became an instructor and member of the Dominican National Cycling Team. He also "became involved in a great deal of volunteer work during hurricane season," attorney Kathy Manley wrote Herrick in March.

"While this does not negate the fact that he left the country during his trial," she wrote, "the court should still take into consideration Mr. Gutierrez's positive activities since his arrival in the Dominican Republic."
Albany County District Attorney David Soares has been a vocal supporter of scaling down the Rockefeller drug laws. But on Thursday, Assistant District Attorney Christopher Baynes told Herrick that Gutierrez' case was hardly an example of the the old drug laws being too harsh. Gutierrez had "an extremely large amount of drugs." He stood by the minimum 22-year term.


Source: http://www.timesunion.com/AspStories/story.asp?storyID=816424

this guy will be riding a stationary bike in his cell for a long time ....write when you come up for parole

LOLOLOLOLOLOLOL
Hilarious