Fourth Of Ongoing Series

HE'S GONE RABBIT

First Addict Chosen For Drug Court Program Vanishes

Note: The following article is the fourth in a series regarding the
creation of the Fifth Judicial District Drug Court Program founded 15
months ago. 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. Today's installment includes excerpts from
an interview with defense attorney Harry Gensler of the Nye County Public
Defender's office, and a member of the drug court team.

The very first methamphetamine abuser chosen to participate in the Fifth
District Drug Court Program has gone rabbit and he might have worn out his
welcome on Monday afternoon, three weeks after he was given a unique
opportunity to beat his addiction and avoid a felony conviction.

After spending a week in jail for failing to comply with most every
condition placed on him during his first week, inaugural drug court
defendant John told Judge Robert Lane last week, "You got your message
across to me."

The message the 30-year-old unemployed truck driver received, evidently,
was to get the hell out of Dodge. Lane issued a bench warrant for John's
arrest after the man failed to appear for his required weekly face-to-face
with Lane and the other members of the drug court team, which includes
prosecutors and defense attorneys, drug counselors, and officials from the
state Division of Parole and Probation.

John wasn't the only one to suffer a setback in the program's fledgling
beginning. After two promising weeks, Greg failed one of his weekly, random
drug tests. The 26-year-old welder managed to meet most other conditions,
however, and managed to avoid a stint in jail. Instead, Greg will perform
community service work.

Things weren't all bad. Greg's pregnant fiancee Cathy signed on as a
volunteer participant, and she and Greg will try to beat their addiction to
meth as a team.

The list of participants increased by one on Monday when Fred attended his
first visit to drug court. Fred has the potential to get work at the Nevada
Test Site and if he graduates from drug court - the program lasts anywhere
from one to three years - he will avoid a felony conviction. He loses his
job if he fails and ends up a felon.

Fred is in a quandary, however, and one that doesn't have an easy answer.
Fred's wife is also facing drug charges that stem from the same incident
that got him into trouble, and she is reportedly eligible for drug court.

Joan's case was assigned to Judge John Davis, however, and Davis has not
exhibited any notable enthusiasm whatsoever for the innovative program.
Public Defender Harry Gensler, now in his 10th year practicing law in Nye,
noted the philosophical differences between Lane and Davis, at least when
it comes to drug court. "I don't mean any disrespect (to Davis)," Gensler
said on Tuesday. "But I don't ever see the Judge getting on with it."

Fred and Joan have a toddler and an infant born two months premature the
day after they were arrested in Pahrump living is squalid conditions and
being under the influence of meth and other drugs. Currently the children -
both are reportedly doing well - are in the custody of Child Protective
Services.

The couple has a hearing before CPS later this month. The concern for the
court in instances where married couples or partners have similar cases in
different courtrooms is obvious. If one defendant is given an opportunity
to get into the treatment-intensive drug court and the other is subjected
to traditional legal proceedings, the success rate for one or both could be
compromised.

From Lane's perspective, the issue poses a dilemma since he cannot involve
himself in cases Davis has been assigned. In fact, Joan was present with
her husband on Monday and when Lane learned of her legal status he told the
young woman he could no longer talk to her.

While John appears to have fled the digs and Greg suffered an apparent
relapse, Fred had problems right off the bat, and none of them had to do
with his status as a drug addict. While currently employed at a local
casino, Fred hopes to gain employment at the NTS next month.

He said if employed his shifts would alter every week and he would be
unable to make the required 4 p.m. Monday meetings once or twice a month.

Lane told Fred he had three options, and none of them included the
defendant being allowed to miss drug court. "I want to be in the program,"
Fred said. "I don't want to go back and be prosecuted."

Fred has been addicted to meth for several years, and if he truly wants to
quit drug court might be his last, best chance. Participants must submit to
two random drug tests per week, they must attend three counseling sessions,
and attend three meetings of Alcoholics Anonymous or a related program.
They must also report in person to their probation officer each morning at 8.

"Drug court is not easy," Gensler said. "Clients have an opportunity to
enter the diversion program and drug court is much harder (than diversion).
The point is if you really want to get clean you need a hard program ...
it's only for people who truly want to get off meth."

Fred's wife Joan might not have the option no matter how badly she wants to
beat her addiction - and regain custody of her children.

For the first two participants in the program, John has failed completely
after three weeks and whatever sanctions imposed once he is arrested would
likely be harsh, and could even include expulsion from drug court.

Greg and Cathy appear to have more desire to do better than that displayed
by John. Time will tell.

That John and Greg have sustained setbacks comes as no surprise to any
member of the drug court team. Such failures are expected. While John is
undoubtedly going back to jail once he's apprehended, Greg avoided
detention. Instead, Lane ordered the man to perform 12 hours of community
service.

"Do as much as you can at the humane society, and use the rest of your time
washing (patrol) cars at the jail." Lane added a warning he's already
proved to carry through with: "Come in dirty again and I'll have to do
something else.

"There will be jail next time."

Gensler suggested a possible means to keep Greg from using would be to
order him to jail at the end of each workday. Lane agreed, apparently, when
he noted, "Over the years people have been ordered to serve thousands of
hours of community service and it didn't do any good."

"I thought the program would be easy," Greg said softly. "It's hard to stay
off drugs."

"Our hearts go out to you ... we'll try to help you quit using," Lane said.

"But if you don't do 12 hours (of community service) you're going to jail."