PROJECT TRIGGERLOCK HELPS FEDS NET MAJOR CRIMINALS

When Lawrence E. Bailey is sentenced in federal court on March 30, he can expect to go to prison for a long time.

Bailey, 34, formerly of Harviell, Mo., last week pleaded guilty to a single count of being a felon in possession of firearms and a count of selling stolen firearms -- charges which carry lengthy federal sentences in themselves.

But since he previously had been convicted of three violent felonies, Bailey will be sentenced under the career offender act, which in itself carries a mandatory sentence of 15 years in prison without the possibility of parole.

Numerous studies have shown that a small percentage of the criminal population is committing a majority of the crimes.

"A recent study shows that as much as 70 percent of all crimes are committed by 6 percent of the criminal population," said Assistant U.S. Attorney Larry Ferrell.

In recognition of such statistics, the U.S. Justice Department instituted a nationwide anti-crime program called "Project Triggerlock."

"The purpose of the program is to target that segment of offenders who pose the greatest danger to the community and to law enforcement -- the repeat violent offenders," said Ferrell. "(Bailey's) was the kind of case we're looking for to charge under Project Triggerlock."

This program is one of the tools the federal courts can use to get violent offenders off the streets for long periods of time.

The mandatory federal sentence for a person with three or more previous, unrelated violent offense convictions -- for crimes such as rape, kidnapping, armed robbery, assault or murder -- is a minimum of 15 years to a maximum sentence of life in prison.

Federal judges sentence offenders according to provisions set forth in federal laws. Federal sentences have "sharper teeth" than that of state sentences, because all time must be served, without the possibility of parole. In the state court system, prisoners can be paroled after as little as 15 percent of their sentence has been served.

"We recognize that when repeat violent offenders have firearms, it signifies an increased level of danger to the safety and well-being of citizens," said Ferrell. "It is the goal of Project Triggerlock to effectively remove violent felons from society for a substantial period of time, through the use of relatively new and tough federal laws."

Before Project Triggerlock and the career offender act, it was and still is a federal offense for any person with a prior felony conviction to possess firearms. A person with a prior conviction caught with a gun or rifle can be sentenced to up to 10 years in federal prison for that violation alone.

"Our number one priority right now is focusing on those who have three or more violent felony or drug convictions," said Ferrell. "I would estimate that as much as 20 percent of our caseload since we opened the office in Cape Girardeau has focused on violent criminals in the possession of firearms."

Ferrell said that his office has about a 95 percent conviction rate on such cases.

In order for the firearms case to qualify for prosecution at the federal level, the guns must have traveled in interstate commerce.

"That is seldom, if ever, a question, since there are very few firearms manufactured in Missouri," said Ferrell. "The only place that manufactures guns in the state is a small plant in Kansas City."

About a year ago, the federal Eastern District of Missouri, in conjunction with federal agents and the Missouri State Highway Patrol, began a new program to help uncover people with firearms and previous convictions.

"When the highway patrol reports its criminal arrests, there is now a section in the report designating whether or not a firearm was used or possessed by the defendant," said Ferrell. "The patrol will then run a criminal history check on the person to determine if he or she has any previous violent felonies. In cases where federal requirements are met, the federal Bureau of Alcohol, Tobacco and Firearms is notified."

In addition to assistance from the highway patrol, Ferrell said that he has encouraged local law enforcement agencies to involve the ATF and the federal system in convicting people they arrest.

"When we first opened this office, we visited the 16 counties in this district to advise local law enforcement of these federal laws and the stiff sentences which accompanied them," said Ferrell. "The resulting response has been very good. What we found was that many local law enforcement agencies were unaware of these federal statutes."

Another statute which increases the sentences of serious offenders is one which prohibits anyone to possess a firearm during or in relation to a drug transaction. Persons found guilty of violating this statute face a mandatory sentence of five years in prison.

"Today it is typically recognized that firearms is as much a tool of the drug trafficking trade as are scales, baggies and pagers," said Ferrell. "This law was passed in recognition of the increased presence of firearms during drug trafficking crimes and the danger they present.

"Drug traffickers cannot call the police to protect them during the commission of their crimes," Ferrell continued. "In many instances, we are talking about thousands of dollars in cash and drugs they have to protect."