TEACHER IN 1996 DRUG CASE ORDERED REINSTATED TO JOB

A Superior Court judge has ordered Santa Clara school officials to reinstate
a teacher who was arrested in a drug raid four years ago, but the jurist
deferred for three months a decision on how much back pay Susan Russell
Martin deserves.

Santa Clara Unified School District trustees and their lawyer are scheduled
to discuss Judge William Elfving's decision behind closed doors at tonight's
school board meeting. Their options include complying with the order,
appealing it or trying to strike a deal with Martin regarding where she
would work and how much she would be paid. Lawyers in the case have said the
amount of back pay at issue could be about $250,000.

Martin's lawyer said the Buchser Middle School science teacher, who has been
on unpaid leave for four years, was delighted with the decision. Martin, 57,
always said she was not guilty of the drug charges filed against her after a
1996 raid of her Santa Cruz Mountains home.

During the search of the home Martin shared with her son and husband,
authorities found a small amount of methamphetamine, thriving marijuana
plants and a sophisticated lighting and watering system. Martin was never
convicted but eventually agreed to enter a six-month drug-diversion program
to resolve her case, which had dragged on for three years.

Richard M. Noack, the school district's attorney, said he was disappointed
in but not surprised by Elfving's order, given the legal precedent. An
appellate court in 1992 ordered a Ventura County school district to
reinstate a teacher who completed a diversion program after his arrest for
possessing and using cocaine.

The school district had argued that a state education law requiring Martin's
reinstatement is unconstitutional and could financially reward educators
accused of wrongdoing. School officials also contended that placing Martin
back in a science lab could send conflicting messages to students who are
steeped in anti-drug lessons at school.

``I wouldn't want anyone to think this governing board is being
mean-spirited'' if the trustees appeal the decision, Noack said. ``They want
to do the right thing. And is it the right thing to require this school
district to pay this woman for not doing anything? That's our primary issue.
We think it's taking money away from kids.''

For her part, Martin feels vindicated, said her attorney, former Santa Cruz
County District Attorney Peter A. Chang. ``She said, `This is the first time
in four years that I've felt any kind of happiness.' She said, `I am just
overjoyed.' '' Martin was out of state and could not be reached for comment.

Martin has said that she was estranged from her husband and was unaware of
the drugs found in her Redwood Estates home.

According to court records, Martin's son, now 23, served five months in jail
and received two years of probation. Her husband, retired teacher Charles
Martin, 63, was sentenced to electronic monitoring for four months and three
years' probation.

Bill Romano contributed to this story. Contact Kate Folmar at
kfolmar@sjmercury.com or (408) 920-5651.