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Published on Monday, March 22, 2004 Mather Student Arrested on Drug Charges Officer reports 45 bags confiscated by Daniel J. Hemel Crimson Staff Writer A Harvard undergraduate was arraigned on felony drug charges in Cambridge District Court Thursday after police allegedly found 16 bags of psilocybin mushrooms in his Mather House dorm. If convicted on all
three charges, Robert C. Schaffer ’05 faces a minimum jail term of two years
and a cumulative maximum prison sentence of 22 years. Associate Justice
George Sprague of the Cambridge District Court set bail at $350 in cash or a
$3,500 surety bond. Schaffer was released on bail Thursday. Schaffer was arraigned
on charges of possession of psilocybin with the intent to distribute—which
carries a maximum sentence of five years—and possession of marijuana with the
intent to distribute, which carries a maximum sentence of two years. Because Schaffer’s
Mather Tower residence is less than 1,000 feet from the Martin Luther King
Jr. School on Putnam Avenue, Schaffer was also charged with a drug violation
in a school zone. Under Massachusetts
law, possession of a controlled substance in a school zone with the intent to
distribute carries a mandatory minimum jail term of two years and a maximum
sentence of 15 years. “There is no evidence
that Mr. Schaffer was distributing drugs to the King School at this time,”
said Harvard University Police Department (HUPD) spokesperson Steven G.
Catalano. However, suspects need not distribute to children—or even be aware
that they are inside a school zone—to be convicted under the Massachusetts
Controlled Substances Act. Officers arrived at
Schaffer’s room late Wednesday night after a Mather resident called to
complain about the smell of marijuana in the 12th floor hallway, Catalano
said. He would not say whether the resident was a student or a tutor. HUPD Officer Thomas F.
Karns Jr., in an incident report filed Thursday morning, said he found the
hallway door open and spoke with 12th floor resident Joshua Z. Steinberger
’03-’04. Steinberger said he
invited Karns to search his room. But Karns declined Steinberger’s offer,
according to the report, because “the odor of marijuana did not appear to be
emanating from [Steinberger’s room].” Karns said he and HUPD
Officer Steven Fumicello then knocked on Schaffer’s door, “where the odor of
marijuana was at its strongest.” Schaffer agreed to let both officers into
his room, Karns said. According to Karns’
report, Schaffer then opened a desk drawer and handed Karns what appeared to
be a bag of marijuana. “I noticed there were several clear plastic baggies in
the drawer that [Schaffer] had taken the marijuana out of,” Karns wrote. In total, Karns reported
that he confiscated 45 clear plastic bags containing leafy and herb-like
substances, as well as a foil bag marked “Betel Nut Smart Chew.” Karns also seized a
blue purse holding “an off-white waxy substance that was in flakes and a
solid yellow chunk of an unknown substance,” according to the report. Officers additionally
confiscated a pipe, a 200-gram weight and scale, a large black hunting knife,
a small box of rolling papers, a bag of potting soil and a hydroponics grow
kit, according to the Karns’ report. “It was clear from the
way the drugs were packaged that it was possession with the intent to
distribute,” Catalano said. Police cannot make
on-the-spot arrests on marijuana charges unless the quantity possessed by a
suspect exceeds 50 lbs., Catalano said. “Regardless of how much
marijuana Mr. Schaffer had, nothing was going to prevent us from charging him
with possession with intent to distribute,” Catalano said. But if Schaffer
only possessed marijuana, police would have to obtain a summons before making
an arrest. The officers left the
scene without taking Schaffer into custody. When Karns returned to
HUPD headquarters, he consulted a reference source to identify the unknown
substances confiscated from Schaffer’s room. “In my opinion, the substance I
confiscated from the drawer of Robert’s desk...was psilocybin,” Karns wrote. Psilocybin is a Class C
drug under Massachusetts’ Controlled Substances Act, allowing police to
arrest Schaffer without a summons. Karns said he and HUPD
Sergeant Daniel Brown arrested Schaffer shortly before 5 a.m. on Thursday
morning. Mather House officials
did not return requests for comment. Schaffer declined comment. According to the
Faculty of Arts and Sciences Handbook for Students, “when court action is
pending or in progress, the Administrative Board may delay or suspend its own
review process, in recognition of the student’s criminal defense interests.” Schaffer was recruited
by Harvard in 2001 to play tailback on the football squad, but quit the
varsity team in January 2003. He withdrew from
classes last March and moved to Paris to improve his sketch artwork. “I
stopped playing because I found myself no longer able to suppress my creative
capacities,” Schaffer wrote in an e-mail to The Crimson last year. Schaffer was formerly
internal vice president of the fraternity Pi Kappa Alpha, but has been
“incommunicado” with the group for about a year, said Raymond E. Hill ’05,
president of the fraternity. “The news of the arrest
came as a complete shock to me,” said Joelle Hobeika ’05, who identified
herself as Schaffer’s ex-girlfriend. “In all the time I’ve known him, he’s
been an incredibly upright and responsible person,” she wrote in an e-mail to
The Crimson. “The only way I can
rationalize the incident is as a brief, though major, lapse in judgement. I
can only hope the consequences won’t be long-term,” Hobeika said. “Rob is one of the most
moral people I know. I feel as though what he is going through has been very
undeserved,” said Sadie Robins-Murov ’05, who said she is a friend of
Schaffer. “A lot of people are really upset and angry about this.” —Staff writer Daniel J. Hemel can be reached at hemel@fas.harvard.edu. |

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Published on Wednesday, November 24, 2004. Student to Face Pre-Trial for Drugs. Senior was arrested for possesion and intent to distribute By ROBIN M. PEGUERO The next pre-trial hearing in the case of a Harvard undergraduate charged with possession of drugs with intent to distribute was set yesterday in Cambridge District Court, with the defendant noticeably absent. Robert C. Schaffer ’05—who police say they found in his dorm with 16 bags of psilocybin mushrooms—will elect whether to face trial by jury or judge in a compliance and election hearing slated for Jan. 5. The defendant was indicted March 18 for possession of psilocybin and marijuana, with intent to distribute both. Because Schaffer’s room in the Mather House tower was less than 1,000 feet from the Martin Luther King Jr. School on Putnam Avenue, he also faces charges of drug violations within a school zone. Although possession of
a controlled substance with intent to distribute within a school zone carries
a minimum mandatory sentence of two years, Middlesex District Attorney
Spokeswoman Emily J. LaGrassa said sentences differ on a case-by-case basis. “It varies—depends on
prior record, whether he pleads guilty or not,” LaGrassa said. “If he were to
plea out, that [minimum] can be broken down.” If convicted on all
three charges, Schaffer faces a maximum sentence of 22 years in prison. But
LaGrassa said incarceration is not a given. “If the defendant is an
addict, treatment may be more appropriate,” said LaGrassa. Schaffer, who withdrew
from class in March 2003, was absent from yesterday’s proceedings. When asked
why his client was not in court yesterday, Schaffer’s attorney, Robert K.
Leroy, replied with a grin, “I’m not comfortable talking about that.” Police arrived at
Schaffer’s room on the evening of March 17 in response to complaints that the
smell of marijuana permeated the 12th floor hallway, Harvard University
Police Department Spokesman Steven G. Catalano told The Crimson last March. Once the officers
traced the smell to Schaffer’s room, the undergraduate allowed police to
enter and opened his desk drawer to hand them what appeared to be a bag of
marijuana, according to the incident report filed by HUPD Officer Thomas F.
Karns Jr. Upon searching the
room, HUPD confiscated 45 clear plastic bags containing herb-like substances
which the report described as marijuana and psilocybin; a blue purse holding
“an off-white waxy substance that was in flakes and a solid yellow chunk of
an unknown substance”; a pipe; a 200-gram weight and scale; a large black
hunting knife and a small box of rolling papers. “It was clear from the
way the drugs were packaged that it was possession with the intent to
distribute,” Catalano said at the time. —Staff writer Robin
M. Peguero can be reached at peguero@fas.harvard.edu. |


