Nonprofit Agrees to DA's Terms
Saturday, October 2, 2004

BY MARLA A. GOLDBERG
Staff Writer

SPRINGFIELD - An application for a criminal complaint against Arise for Social Justice was withdrawn yesterday, as the nonprofit group agreed not to run an unlicensed needle-exchange program in the future.

A search at the group's 94 Rifle Street office last month yielded 380 unused hypodermic syringes, 62 syringe preparation kits and a medical container of used needles. Police said they would seek warrants against Arise's president, Michaelann C. Bewsee, 56, and an organizer, Tory L. Field, 28.

However, Hampden County District Attorney William M. Bennett said that he and the police together withdrew the application for a complaint.

"The purpose of the police action was to stop the activity, and that will be accomplished," Bennett said, crediting police with professional handling of the Arise matter.

"They understand that reasonable people could disagree regarding the merits of needle exchange programs," Bennett said.

Bewsee and Field were summonsed to Springfield District Court yesterday for a show-cause hearing, which turned out to be brief. Lawyer David Hoose, who represented Bewsee, said the district attorney's office decided against requesting the complaint "so long as our clients agree not to operate any illegal needle-exchange in the future."

The case was continued for three months, Bennett said, to make sure the parties live up to the agreement. If they do, the case will be terminated.

Bennett characterized Arise's actions as well-intentioned but unlawful.

City Councilor Bud L. Williams has said he is pushing forward with efforts to start a legal needle-exchange program in Springfield. State law gives local elected officials the power to adopt a state Department of Public Health-run needle-exchange program. Programs operate in Northampton, Cambridge, Boston and Provincetown.

Bennett said he doesn't favor such programs.

"The needle is given to a person who is going to use it to commit a crime, that is, possessing illegal drugs. Also, it creates the false impression that there is a safe way to use dangerous drugs," Bennett said.

Proponents of needle-exchange programs maintain the spread of blood-borne diseases can be slowed if addicts who might otherwise share needles can be supplied with clean ones.

About eight people, including Arise board member Polly Richardson, gathered at the Hall of Justice yesterday in support of Bewsee and Field. The problem, Richardson said, is Springfield's failure to run a licensed needle-exchange program.

"This is negligence on the city council's part," Richardson said. "This is a public health issue we're talking about - that should be the focus of all of this."

Bewsee said that while she was personally relieved by yesterday's outcome, the problem of people needing clean needles remains. People from Springfield requiring needle exchange can drive to Northampton and enroll in the Tapestry program, or drive to Connecticut, where needles are sold at pharmacies, she said.

"I feel like we're at court today for something that shouldn't be illegal to begin with," Field said.