. >> reporter: four years ago, now accused cop killer to roan howard stood before judge edward mcloughlin pleading to be put in a drug rehab program rather than prison. the judge said no way, telling howard's attorney why can't he voluntarily go to a program when he's not in jail? he stood before the judge again on drug charges. this time the judge said yes to rehab, saying, quote, felony convictions and prison not having worked, i've decided maybe out of frustration and judge told me he remains, quote, confident i made the right decision but what happened is absolutely tragic. >> his whole life has been about an escalation of crime. >> reporter: commissioner bratton has angrily blamed the judge's decision for putting howard back on the streets. >> he would have been the last person in new york city i would diversion program. >> reporter: even as bratton railed on the judge and his decision, law enforcement leaders are in washington calling for a shift on tough on crime incarceration to more reliance on programs. today the president backed their goals. >> we're missing opportunities for u