In a sentencing witnessed by substance abusers, a 28-year-old man receives 35 years.
By CARRIE JOHNSON
© St. Petersburg Times, published November 29, 2001
INVERNESS -- If Judge Richard A. Howard was trying to make a point about so-called designer drugs during the sentencing of Frederick Allan Graff, his message was clear: Avoid them or pay the price.
First, the participants of Drug Court, an alternative to jail for substance abusers, were gathered to watch the 2 p.m. hearing.
Then the judge exceeded even prosecutors' expectations when doling out the punishment for Graff, described by authorities as the biggest "club drug" dealer in Citrus County. Asked to send Graff to prison for 20 years, Howard sentenced the 28-year-old Beverly Hills man to 35 years on eight counts of possession.
"You, sir, have convinced this court that society is going to be a lot safer by putting you away for a long time," Howard said.
Graff was convicted Nov. 14 on charges of possessing a variety of drugs, including cocaine, LSD, ecstasy, marijuana and ketamine, also known as Special K.
"It's the variety that makes you a menace, because you're like the candyman -- you've got a little bit of everything," Howard said.
Graff declined to make a statement during the hearing. His attorney, Mark Wing, said he plans to appeal the sentence, which he described as overly harsh.
Graff was on trial for three separate cases the week of Nov. 12-16 and faced 35 criminal counts in all. He was acquitted of all but the eight charges of possession.
Most of the testimony condemning Graff was made by a confidential informant, who Wing said had a history of arrests.
"For somebody to be brought up on 35 charges on the word of a disreputable drug dealer, it's really sad," Wing said.
But Sgt. David DeCarlo, head of special investigations for the Citrus County Sheriff's Office, testified at the sentencing hearing that Graff has been a well-known dealer for many years, and was arrested for possessing 4,000 hits of LSD in 1997.
Graff was charged with simple possession instead of trafficking after he agreed to become an informant for the Sheriff's Office.
But by 1998, word reached investigators that Graff was dealing drugs again, DeCarlo said. He was arrested after the confidential informant made a series of drug buys from him in March and April 1999.
DeCarlo said club drugs such as ecstasy and Special K are still relatively uncommon in Citrus County but are gaining in popularity.
"I find it very appealing that the judge made his ruling in front of the Drug Court participants," DeCarlo said. "I think he sent a powerful message."