Editor's Note: This is a letter sent by David Liebowitz to Judge Dave Gamble regarding his son Elliot's sentencing scheduled for Tuesday.
As we approach the sentencing day for my son Elliot, I wanted to share some thoughts with you and with the community on what I see are clear examples of abuse of power by the sheriff's Street Enforcement Team and the Douglas County District Attorney's Office. One of the many sad aspects of this case is that Elliot had gone through a grueling six-month training in the Army National Guard to serve his country in the face of a brutally unpopular war. In fact, he had just returned from a 96-hour guard duty when he was approached to put together a drug deal.
I feel so strongly that my son was as much a victim in this orchestrated set-up as the criminal. Under the guise of a cooperating source working for the Street Enforcement Team, a convicted felon ruthlessly went after my 17-year-old son. He illegally bought underage boys alcohol on a regular basis. He used illegal drugs with these boys and then made repeated death threats against them if they did not go through with the deal. Judge, young people simply do not have the wisdom and life experience to fend off this type of entrapment. It is no wonder you have so many teenagers sitting before you with serious drug charges facing them. This kind of police work, using snitches willing to do anything to anyone gullible enough to go along, is both lazy and wrong. In fact, it is unconscionable that this practice continues to target young people of this community and then the district attorney's office piles on this entrapment with overzealous prosecution. My son was clearly no more than a procuring agent in this case. He was never a drug dealer, he knew people who could move the deal forward. The district attorney's office knew this, but still charged him with the most serious counts of drug trafficking. Elliot was no Pablo Escobar and his constitutional rights were trampled on in this case.
I advised Elliot not to accept the plea arrangement because the drug trafficking charge was blatantly incorrect. However, his attorney, Tod Young, just as strongly advised him to accept the plea. One of the most frustrating aspects of this case was not having the opportunity to share the facts of this case with you, a jury and the community. In the end, our family could not risk the remote chance that Elliot could be put away for 25 years. It is outrageous that we had to face that kind of choice. The toll on families in Douglas County as a result of our teens being targeted in this manner is overwhelming.
I have faith in your wisdom and compassion. I ask that you consider all of these factors as you come to a decision on Elliot's immediate future. This type of police work and prosecution of our young people must stop and I feel strongly that this rebuke must come from you, from Judge Gibbons, and from judges across the state. Nevada's overcrowded prison system is no place for nonviolent, first-time youthful offenders. My family implores you to count all of Elliot's time served since Jan. 18 and suspend the remaining term. As always, we will do everything we can to actively monitor Elliot and help him find his way to success.
-- David Liebowitz is a Minden resident.
