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The New York Daily News
Aug. 29, 1989

Gang Land Column
By Jerry Capeci

Nicky still looking for 'blind' justice

Nicky Barnes probably already knows this, but the Harlem drug kinpin who turned government informer may find out that justice isn't always as blind as they say it is.

Barnes, whose invaluable help in the war against drugs was detailed in this space four weeks ago, needs a presidential commutation to get out from under a life-without-parole sentence he began in January, 1978.

When he was U.S. Attorney, Rudolph Giuliani recommended that Barnes be given the commutation. Giuliani was fulfilling a promise made by a predecessor to recommend leniency for Barnes in return for his help in nailing more than 40 drug dealers and murderers.

Letting the ex-drug dealer out of jail may make some sense as a crimefighting technique - you don't get convicts to turn on their ex-friends if there's no reward in sight. But it isn't likely to win you any votes, however. And Giuliani is now a mayoral candidate and he's already been bashed over the head by my colleague Mike McAlary for keeping his promise to Barnes.

If the Republican bosses at Justice think the release of Barnes will hand the Democrats a Willie Horton-type issue, they may think twice about letting Barnes out. You remember Horton. He was the convicted murderer who raped a woman while on a prison furlough backed by Michael Dukakis. Horton became the villian of George Bush TV commercials.

If Giuliani deserved criticism, it's not for keeping a promise his office made with Barnes, but for ducking all queries about it. What Giuliani did was in the best interest of all New Yorkers - all he needs to do is stand up for it, not run away from it.

Last week, Giuliani was quoted in The New York Times as telling an Irish-American group that questioned his office's handling of the extradition controversy involving IRA soldier Joseph Doherty: "Unlike Ed KOch, I'm not going to tell you what you like to hear so you will like me better."

Well Rudy, let's hear from you about Nicky Barnes.

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