Second Of Ongoing Series

STRIKE 1

First Participant In Local Drug Court Flunks His First Tests And Will Spend
A Week In Jail

Note: The following article is the second in a series regarding the
creation of the Fifth Judicial District Drug Court Program founded by Judge
Robert Lane. After building a coalition consisting of the courts, law
enforcement, prosecutors, the public defender's office, the department of
parole and probation, and local counselors, the program's first client
appeared in court April 22, marking the innovative - and by all accounts,
promising - docket's beginning in Nye County.

Because the drug court is designed to treat addiction rather than punish
illicit users as is done in criminal courts, the identities of participants
will be altered for purposes of confidentiality; their photographs will not
be printed.

In the coming weeks the Pahrump Valley Times will follow the progress of
drug court participants, the manner in which its administrators and
counselors handle the caseload, what type of offender is accepted into the
program, and whom is denied.

Things did not go well last week for Nye County's first participant in the
Fifth District Judicial District's drug court program. They took a turn for
the worse on Monday afternoon when Judge Robert Lane ordered John to spend
the week in jail.

The judge warned John not to mistake the court's kindness with weakness
when the addict first entered the innovative program two weeks ago, and
advised the longtime methamphetamine user to take the highly regimented
program seriously. Lane kept his word and sanctioned the Pahrump man to
seven days in detention for failing, miserably, his first week in the program.

John, and all future drug court defendants who will follow him into the
program, was ordered to attend three counseling sessions, three meetings of
Alcoholics Anonymous or Narcotics Anonymous, present himself to the
probation office each morning at 8, and submit to two drug tests each week.

He complied only with two of more than a dozen conditions he was to meet.

John stood at a podium and, in a meek voice, asked Lane to give him a
chance to "start over." Facing the judge and surrounded by the public and
private attorneys, probation officers, and counselors who are there to help
him quit using the potent street drug, John admitted he ingested meth on
April 24, two days after he appeared as the first drug court defendant.

"I want a new week to start over," he said.

"We'll start you over next week," replied the judge. "You were
one-for-three on the counseling, O-for-two on the drug tests, one-for-five
on the check-ins ... and so I should just forget about it and let you start
again?"

"I'll start today," said John, a 30-year-old unemployed truck driver.

"You'll start next week," Lane retorted. "You show up and say, basically,
that you did nothing. We're going to put you in jail for a week."

Hopefully, the second addict to participate in drug court will have a more
promising beginning. Dressed neatly in khakis and a button-down shirt, Greg
is a 26-year-old man who told the court he has used meth for the past six
years. He was introduced to counselors Tammy Eads and Pam Laub, and Bobbi
Neal, Lane's law clerk and the program's coordinator.

Greg was already familiar with Robert Raymond, his probation officer and
the man who will have the most control over Greg's life for at least the
next 12 months. The defendant said he could meet the conditions imposed by
the court, except for personally meeting with his probation officer each
morning. "I've been trying to work on myself," he said. "But it's hard to
get up in the morning." Greg works nights as a welder, and Lane empathized
with the man.

The judge said he is involved in many activities in the county, and
sometimes he can't sleep because of stress. "By morning my head is nailed
to the pillow," he said, "but I get out of bed. That's why we're all here."

Greg offered candid though disturbing information to the court. He said he
and his pregnant girlfriend "did lines" about a month ago, and she has been
on "pins and needles" since then. Not only is she worried about the
wellbeing of her baby - she knows how easy her boyfriend could go to prison
if he continues to test positive for meth. In response to a question from
Lane, Greg said his girlfriend would not "hold him back" from succeeding in
the program.

Greg said his girlfriend has not used meth since that last time and that
she doesn't want to use again. "She's been pregnant for nine-and-a-half
weeks," he said. "And I'm certain the baby was conceived while we were
under the influence ... it's scary."

When asked by the judge if his girlfriend would join him in counseling,
Greg said he "couldn't speak for her." Lane advised the man to bring his
girlfriend to the next drug court session at 4 p.m. Monday.

Lane reminded Greg that a key condition of his probation is that he is not
to associate with known users. "If she's caught using, your probation could
be revoked," said Lane. "There are sanctions."

Should Greg's girlfriend decide to voluntarily participate in the program,
Deputy District Attorney Pete Knight said she would not be prosecuted if
she were caught using. The offer is one the district attorney's office will
make to any spouse or partner of a drug court participant.

"I would like her to get help," said Greg. "She was on it because of me;
I'd like to see her want to (receive counseling)."

The man admitted all of the problems he has found himself in over the past
six years stem from meth. He said he knew his usage was out of control when
he was under the influence of the drug and headed to Reno when he
inexplicably ended up in Salt Lake City. "That's where all the druggies
go," Lane deadpanned.

"We'll do everything we can to help you get off drugs," said the judge.

"I'd like to help you help me," responded Greg. It won't be easy. Not only
must Greg refrain from ingesting meth, he is prohibited from using
marijuana and drinking alcohol. "I'm looking forward to getting my first
negative drug test."

In the meantime, Greg's fellow drug court participant, John, will have a
week in jail to mull things over. Hopefully he'll walk out of jail on
Monday without any doubts that Judge Lane's kindness should not be mistaken
for weakness.