by Ronald Sullavin

(The New York Times METROPOLITAN Tuesday, April 16, 1991)

Two Italian legislators who came to the United States in hopes of being arrested and prosecuted for illegal needle possession got part of their wish yesterday, to the chagrin of police officers and court officials. But it took some doing.

In carrying their fight against AIDS to New York City, the legislators failed in their attempt to be prosecuted on charges of illegally possessing hypodermic needles. They were ordered released in Criminal Court in Manhattan yesterday morning after the prosecutor, Assistant District Attorney Tracey Mortensen, denounced them as publicity seekers and the judge dismissed the charges against them.

After being released, the legislators, brandishing hypodermic needles in hopes of being arrested again, then went to the New York City Health Department at 125 Worth Street where they were brushed off by police officers. They then returned to a promissing spot in front of City Hall where they had been arrested in November.

They finally succeeded in getting arrested again yesterday for illegal possession after several police commanders conferred with city officials to make sure that arresting them was the politically correct thing to do.

As a result, Emma Bonino, the 43-year-old president of the Italian Radical Party and a member of the Italian Parliament with a record in Europe of at least 15 similar arrests, and Marco Taradash a member of the European Parliament, with only one arrest to his credit, ended up among the 650 or so people who where expected to be arrested yesterday in New York City.

Declined to Handcuff Them

The difference is that the two legislators jumped at the chance to be arrested and the officers were ever so polite, even declining to handcuff them.

The objective, the two legislators said, was to publicize their campaign to have New york City legalize the distribution of clean needles to intravenous drug users.

Eight members of Act-Up, a gay rights organisation, are already on trial in Criminal Court for distributing free needles to intravenous drug users. In both cases the defendants freely admit their guilt and are using their arrest and prosecutions to publicize their fight to legalize the possession of hypodermic needles.

City health officials had a pilot program under which drugs users could obtain clean needles. But Mayor David N. Dinkins halted the program last year, prompting groups like Act-Up and the two italian legislators to seek arrest to generate support for distribution of clean needles.

But Act-Up members had more success in getting the case against them prosecuted.

When the case against Ms. Bonino and Mr Taradash was called yesterday, Ms Mortensen asked that it be dismissed on the ground that prosecuting it would only gain publicity for the defendants and waste public funds.

But Ms. Bonino's lawyer, William M. Kunstler, shouted "objections" and complained that he had two witnesses flown in from Europe to testify.

But Judge Judy Harris Kugler dismissed the charges, ruling that "the defendants had no right to be prosecuted".

Viewing their victory as a loss, the two legislators later tried to give their needles to the City Health Commissioner, Dr. Woodrow A. Meyers. But they were stopped at the door of his office by police officers.

"City Hall's the place", said Ms. Bonino, who recalled being arrested there rater easily on Nov.5.

But after brandishing needles for every police officier in front of City Hall to see, she and Mr. Taradash remained free as birds.

Finally, after determining that the two legislators did not enjoy diplomatic immunity and, more important, had no plans to give up, Capt. Patrick Brennan then arrested them.

At police Headquarters, the legislators were released after being given desk appearance tickets calling them to be in court again today.