Seventh Of Ongoing Series

SULLIVAN, LIKE LANE, SKEPTICAL OF JOHN'S COMMITMENT

Drug Court Participant Reminded By Beatty Justice Of The Peace That He
Already Has Two Strikes

Note: The following article is the seventh in a series regarding the
creation of the Fifth Judicial District Drug Court Program recently
implemented in Pahrump. Because drug court is designed to treat addiction
rather than punish users as is done in the criminal courts, the identities
of participants will be altered for purposes of confidentiality; their
photographs will not be printed.

Two got out of jail and one went in, albeit on a part-time basis, on Monday
afternoon in drug court when Beatty Justice of the Peace Bill Sullivan sat
behind the bench in the stead of Fifth District Judge Robert Lane, who was
in Wisconsin.

One of those released from custody was John, the inaugural drug court
defendant. In the seven weeks since drug court began in Pahrump, John has
spent three of them in jail. Lane twice sanctioned John for a number of
violations of drug court policy.

Sullivan proved to be an equally no-nonsense kind of guy. Working from
notes left to him by Lane, Sullivan warned John that his chances of staying
out of prison are getting slimmer. "Are you interested enough to get
through drug court?" he asked the defendant after inquiring of one of the
Nye County Sheriff's detention officers about John's behavior while in
custody. Officer Felton Joshua said John was "mischievous," but hasn't
committed any serious infractions.

When John replied he was still interested in participating in the program -
which is designed to treat addiction rather than punish users of
methamphetamine - Sullivan did not appear convinced. "This is an
opportunity you have. It will be tough, but if you're not willing to get
through it you're just wasting everybody's time."

Sullivan reminded John, a 30-year-old unemployed truck driver, he already
has two strikes against him, and indicated that Lane would kick him out of
drug court if he receives a third strike. That could mean coming up
positive during one of two required drug tests per week, or missing any one
of three mandated counseling sessions or three meetings of Alcoholics
Anonymous, Narcotics Anonymous, or a similar program.

John and the other drug court participants must also check in with their
parole and probation officer each morning if they are not employed. To
date, John has failed to meet most every condition placed on him, including
a failed attempt to pass a drug test by pouring urine from a condom.

Sullivan said drug court didn't want to give up on John, but neither would
it allow him to manipulate the system. "If you can't get through this you
will go to prison," said the judge. Should John find the will to
successfully complete the program, which lasts anywhere from one to three
years, his felony conviction would be dismissed - and he would be clean and
sober. "You're on thin ice," warned Sullivan before he ordered John
released from jail for the second time in less than two months.

One of drug court's promising participants is Fred. Since he was accepted
into the program a few weeks ago, Fred has met every condition of drug
court. "Apparently everyone is pleased with you," Sullivan said to the man.
"It looks like you want to get clean and straighten things out."

"We haven't had a lot of success stories," said Deputy District Attorney
Pete Knight, a member of the drug court team. "I applaud him from the
bottom of my heart. I know the program will work and make your life worth
living."

Unfortunately, Fred's wife was in district court on Tuesday on charges that
stem from her and Fred's arrest on meth charges and child neglect. Charlene
had been hoping to get into drug court along with her husband, but
prosecutors felt a harsher sentence should be imposed. Fifth District Judge
John Davis agreed, and sentenced her to a 28-day in-house drug
rehabilitation program.

Prosecutor Sharon Dockter noted that Charlene has twice given birth to
children addicted to drugs. One day after they were arrested, she gave
birth to a premature daughter. The infant and her two-year-old are in the
custody of the state.

Dockter was adamant Charlene should be sent to the in-house program. "This
is her second child born on drugs," she said. "She had a choice but those
kids didn't."

Charlene appeared nervous. Fred held her as they left the courtroom. She
was crying, but the couple appears to remain positive. They encourage
others who share their drug problems to attend a new support group that
meets Wednesday nights at 7:30 at the First Step Club, and at 6 p.m.
Sundays at No To Abuse.

In drug court on Monday, however, Joe was another shining light after two
weeks in the program. Formerly homeless, 21-year-old Joe has found
part-time work as a landscaper. He has met his conditions, and has proven
to have redeeming qualities.

Joe was living at a residence owned by Pastor Stan Goldsby of the Church of
the Harvest, but not any longer. "(Joe) has done exceptional things,"
Knight said. What the young man did was surrender his residence to a
homeless family, and took a smaller place to live. Knight and Sullivan
commended Joe for his compassion and for his early success.

Sullivan reminded Joe he needed to earn a GED, and offered kudos to Goldsby
for his assistance. "If we could get more people involved it sure would
help," said the judge.

After testing positive twice in one week, Samantha's stint in jail ended
Monday, and she assured Sullivan her greatest concern is to regain the
custody of her four children, who are in the care of state authorities or
family members. One of the concerns of the court, on the other hand, had to
do with the fact Samantha lives or associates with meth users.

The judge ordered the woman to go to Pahrump Family Resource Center for
help, but it appears Samantha believes the court should do the work for
her. Sullivan tried to set the record straight. "You have to understand
this is not a game. You are looking at prison and if you go to prison
you'll have a devil of a time getting your children."

Samantha said she would try to meet the conditions of drug court, but told
Sullivan she has "a memory problem." That is not the problem of the drug
court team, said Knight. "Samantha has to do all the things in the program."

When told she would receive assistance with housing, Samantha, 23, asked
that her new residence be located in the same trailer park she currently
resides. "Take what you can get," said Sullivan.

Vicki, on the other hand, continues to do well after two weeks. "It appears
she's making an honest effort," Knight said, adding Vicki's progress was
especially noteworthy considering her physical problems. Vicki underwent
spinal reconstruction and is in constant pain. She has lowered the level of
painkillers she takes in order to test negative for drugs.

"The program must be doing something," Sullivan said. "We've had three
people doing well. Keep up the good work."

But the program is not for everyone, and not for reasons one might think.
Bob and Laura were kicked out after it was decided the couple did not need
to go through the harsh regimen of drug court. "Nobody thinks you need drug
court," Sullivan said. "You're doing well on your own." The married pair
will remain on probation. Neither has tested positive in over a year.

"We don't want to inject ourselves in people's lives if we don't have to,"
Knight said.

"Have a good life," Sullivan said before releasing the pair.

Greg, however, apparently needs drug court. While possession of small
amounts of marijuana is now a misdemeanor in Nevada, drug court
participants are not allowed to use any drugs, not just methamphetamine.

Greg tested positive for meth his second week in the program and was
ordered by Lane to perform 12 hours of community service. He tested
positive again last week, this time for pot. He didn't admit he smoked any.
"I'm not sure why I tested positive," he said. "I got tea to help cleanse me."

"My question is that you were supposed to be clean by now," retorted
Knight. "You came into the program on May 6 and you tested (dirty) on
(Monday) so you should be clean."

"I'm not a doctor," said Greg. "I don't know about the body's metabolism,
but I haven't smoked."

Public Defender and drug court team member Harry Gensler said the 30 day
span needed to test clean for marijuana was "kind of a threshold, some
people take a longer time." Gensler requested the court to test Greg again
in a week to see if he tests clean. Parole and Probation Officer Robert
Raymond conceded the 30 days was more theory than hard fact.

Positive drug tests are not Greg's only concerns. His fiancee, Cathy, is a
volunteer participant. Pregnant with her second child, Cathy has tested
positive for meth and two weeks ago Lane ordered her to spend four hours
working with so-called crack babies born in Las Vegas hospitals.

To date, Cathy has not been able to oblige the court, and she has not
attended the last two sessions. Sullivan said Lane would decide on Monday
whether or not the attractive, well-spoken woman would remain in the program.

Greg has also reportedly refused to attend any of the mandated group
counseling sessions, said Knight, who added the defendant didn't like the
direction drug court was taking him. "He'll never get cured if he completes
the program," said Knight. "But he will get sober.

"It's very clear what he is expected to do. You peed dirty twice, sport,
you didn't go to counseling, and I recommend a week in jail ... 6 to 6 in
the old bucket."

Knight said that since Greg had a job he didn't want the defendant to lose,
he would recommend the half-days in jail. The prosecutor added that Cathy's
possible expulsion from the program could have a bad affect on Greg.

Greg took exception to the comment. "If (Cathy) is testing clean, why can't
there be an association?" The question is, will Cathy continue to test
negative? If she doesn't Greg could be expelled for hanging out with users,
and be sent to prison.

"Report to jail at 6 p.m. starting today," Sullivan said. "That still gives
you time to work and take care of the conditions of drug court.

"I don't want to threaten you, but sanctions will get tougher if you don't
straighten up, and you will be out of the program."

After seven weeks, it has become quite clear that drug court could have a
positive impact on a person hooked on meth. It is even clearer the
participants that do the best are the ones that actually want to get clean.

Clearest of all, drug court might be the most difficult program for fakers
to manipulate, and those who don't take it seriously are perhaps wasting an
opportunity of a lifetime - one they might more clearly understand if they
are imprisoned.