MANHATTAN SUPREME COURT — A Manhattan judge ruled Tuesday that a Columbia University student accused of selling drugs as part of an alleged on-campus ring is eligible to be considered for a treatment program as an alternative to prison.
Last December, five students were busted as part of "Operation Ivy League" and charged with selling marijuana, LSD, prescription pills, cocaine and other drugs on campus and out of their fraternity houses.
Of the four students who still have open cases, only Christopher Coles, 21, who is accused of selling marijuana, can be evaluated by a drug court for the chance to receive drug-abuse treatment and avoid carrying a felony criminal record, lawyers for the students said.
Manhattan Supreme Court Justice Michael Sonberg ruled that Jose Stephan Perez, 20, and Michael Wymbs, 22, are not eligible for the program, in a decision handed down Tuesday.
The judge has yet to decide whether defendant Adam Klein, 21, can be referred to a "diversion program" for consideration.
Attorneys for Perez an Wymbs said they were disappointed by the decision and argued their clients were unfairly treated.
"This diversion program was created specifically for people like Michael Wymbs," the former student's attorney Michael Bachner said, adding "it seems like a system meant to help those with drug problems failed today."
Bachner said his client had a documented substance-abuse problem during his time at Columbia and is a prime candidate for treatment in this case.
Peter Frankel, an attorney for Perez, said the decision unfairly favored one defendant and that the others should have been offered the chance to be evaluated for the treatment program.
Currently, Perez, Wymbs and possibly Klein are eligible for jail-free sentences in exchange for their guilty pleas, but they would be left with felony records based on the offers that are currently on the table, the lawyers said.
The treatment program would provide a second chance for them, allowing them the opportunity to walk away from the case with clean criminal records and a shot at pursuing degrees and careers, the attorneys argued.
"[Perez] wants to get back to school. He wants to move on with his life," Frankel said. "He's anxious to put it behind him."
The fifth student arrested, Harrison David, pleaded guilty in July to criminal sale of a controlled substance in exchange for 3 1/2 months in jail.
