EX-TEACHER ESCAPES JAIL TIME IN DRUG CASE

OGDEN -- Saying that he doubted a former Roy High School teacher had
traded grades for prescription painkillers, a judge declined to send
the woman to jail.

Instead, 2nd District Court Judge Ernie Jones placed Michelle
Opheikens, 30, on probation for 1 year and ordered her to continue
drug and mental health counseling. Opheikens, who pleaded guilty to
class A misdemeanor counts of illegal possession of a controlled
substance and attempted burglary, also was ordered to complete 80
hours of community service.

The special education teacher, who also coached Roy High's girls
soccer and softball teams to the 4-A state championships in 1997-98,
became addicted to painkillers after several painful knee surgeries.
She was taking as many as 30 painkilling pills daily, said her
attorney, Michael Boyer.

Police initially alleged Opheikens used her position as a teacher to
"pressure and promise" several students good grades in exchange for
prescription painkillers over two years. The investigation began when
students complained to school administrators.

Opheikens was originally charged with burglary, a second-degree
felony, for allegedly breaking into a student's home in search of
painkillers, and the misdemeanor count of illegal possession.

But on Wednesday, Jones questioned whether Opheikens ever traded
grades for painkillers, an allegation she denied. The pre-sentence
report included statements from six Roy High students, and only one
claimed Opheikens offered a grade for drugs.

He also questioned the severity of Opheikens' offense.

"We're not talking about cocaine. We're not talking about meth or
heroin. We're talking about a prescription drug," Jones said.

Jones added that people who have undergone surgery or are simply in
pain commonly ask friends to share painkillers.

Boyer disagreed with the report's recommendation to send Opheikens to
jail for 60 days. He argued the public humiliation of the prosecution
was a severe enough penalty. As part of the plea agreement,
prosecutors did not comment at the sentencing.

In a statement she read to the judge, Opheikens apologized and said
she wants to return to teaching when she has completed her sentence.

Opheikens resigned in February. Her license is currently "flagged" and
she cannot teach anywhere, in any capacity, in a public school, said
Jean Hill, an attorney for the state Office of Education. When the
state education board meets in July or August, a term of suspension
probably will be set.

Boyer said Opheikens surrendered her teaching certificate and will not
be allowed to teach for at least five years.