Ashcroft's nephew got probation after major pot bust
Although his arrest for growing 60 plants could have landed him in federal
prison, Alex Ashcroft was tried in state court and avoided jail -- despite
his uncle's crusade for tougher federal drug laws and mandatory prison
sentences
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By Daniel Forbes
Jan. 12, 2001 | The nephew of Attorney General-designate John Ashcroft
received probation after a felony conviction in state court for growing 60
marijuana plants with intent to distribute the drug in 1992 -- a lenient
sentence, given that the charges against him often trigger much tougher
federal penalties and jail time. Ashcroft was the tough-on-drugs Missouri
governor at the time.
Alex Ashcroft, then 25, and his brother Adam, 19, were arrested and charged
with production and possession of marijuana after police raided their home in
January, 1992. A housemate, Kevin Sheely, then 24, was also arrested.
Officials said approximately 60 marijuana plants were found growing in a
basement crawl space, and a lighting, irrigation and security system was also
discovered.
Although growing more than 50 plants often triggers federal prosecution, and
results in jail time -- thanks to federal mandatory minimum sentencing laws
Ashcroft fought to toughen as senator -- Alex Ashcroft was prosecuted on a
state charge and received probation. His brother Adam did not live in the
house and was never prosecuted.
According to Sheely's lawyer, Dan Viets, who practices in Columbia, Mo.,
Ashcroft tested positive for drugs during his first post-probation drug test,
yet still remained free.
"As I recall it, in his first month on probation, Alex had a positive urine
test," Viets said. He asserted he has spoken to someone who has recently seen
documentary evidence of the failed test.
Reached for comment, Alex Ashcroft's father Bob first denied that his son had
failed a urine test, then said, "Anything's possible." Asked about the failed
urine test, Alex's mother, Beverly Ashcroft, told Salon, "I have no idea.
That's such an upsetting time, it's all a little foggy."
Ashcroft was sentenced to three years in the Missouri Department of
Correction for a class C felony involving more than 35 grams of marijuana.
The sentence was suspended, and he was placed on probation for three years
and sentenced to 100 hours of community service, which he served.
Ashcroft's parents point out that Sheely, who went before a different judge,
received even lighter treatment. Sheely's records are sealed, and all Viets
would say is that his client was officially "not convicted." Bob Ashcroft
says, "The prosecutor was from the other side of the aisle. He did everything
he could to prosecute my son." His mother, Beverly, adds, "I think the facts
are clear that his uncle as governor certainly did not bail Alex out."
There's no evidence Ashcroft intervened on behalf of his nephew, but Alex
Ashcroft's connection to the governor was widely known. The arrest made
national newspapers, from the Atlanta Journal-Constitution to USA Today, as
well as the local dailies.
Mindy Tucker, a spokeswoman for the Bush-Cheney transition team, said, "Given
Sen. Ashcroft's reputation for zero tolerance, I'm sure if he had anything to
do with it, the penalty would be much worse. He would have influenced it [the
sentence] in the opposite direction." She declined further comment.
The federal law enforcement official who had jurisdiction over the case at
the time, U.S. Attorney for the Western District of Missouri Jean Paul
Bradshaw II, said he had no knowledge of the Ashcroft case. A Bush appointee,
he is now in private practice in Kansas City, Mo.
Others convicted of similar offenses in Missouri have certainly faced tougher
punishment. Eric Edmundson, an electrical engineer in Pineville, Mo., served
two years in Leavenworth federal prison after his August 1993 arrest for what
police said were 51 marijuana plants growing on his property.
Edmundson was accused of selling marijuana, a charge he denies. He accepted a
plea bargain to spare his wife, a non-drug user, who was also charged. "You
get a bad gut feeling in your heart, when [during sentencing] the judge says
'I'm sorry I have to do this -- no good can come out of it,'" says Edmundson,
who now works as a production manager in a circuits factory. He said he's
"bitter" that Ashcroft merely got probation after being convicted on similar
charges.
The irony of an Ashcroft relative receiving lenient treatment for a drug
offense won't be lost on drug reformers. The Drug Reform Coordination Network,
a national advocacy group, calls Ashcroft "one of the most hawkish drug
warriors supporting some of the most extreme drug war legislation during his
tenure in the Senate." He has supported toughening mandatory minimum
sentencing laws, and has opposed efforts to end the disparity between
penalties for crack and powder cocaine, and to curtail racial profiling.
His nephews' arrests weren't the only drug-related embarrassments during
Ashcroft's term as governor. His drug czar had to resign over revelations
he'd used drugs himself in his youth.
As for the Ashcroft nephews, their mother reports they are both married and
doing well. Alex works in computer installation, and Adam, the younger, is in
insurance. "It was a good learning experience," she says. "They're both
responsible citizens. It was a stupid college deal that taught the family a
lot."
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About the writer
Daniel Forbes is a New York freelancer who writes on social policy and the
media.
http://www.salon.com/politics/feature/2001/01/12/ashcroft_nephew/index.html
