Pubdate: Sat, 08 Sep 2001
Source: Los Angeles Times (CA)
Copyright: 2001 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Rob Fernas, Times Staff Writer
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

MARINOVICH IS ORDERED TO ATTEND A PROBATION-VIOLATION HEARING

Avenger quarterback Todd Marinovich was ordered Friday to appear at a
probation-violation hearing after missing three drug tests in his
treatment program for felony heroin possession.

Marinovich, appearing in Los Angeles Superior Court for a progress
report, was ordered by Judge Stephen Marcus to return Oct. 4, at which
time it will be determined if the former USC and Raider player
violated probation by not complying with the conditions of his
treatment program.

A violation could result in Marinovich's being ordered into "a more
rigorous program with more [counseling] meetings and more [drug]
testing," said Tom Johnston, his attorney. A third violation could
result in jail time. Marinovich missed three random drug tests at
Impact, a Pasadena outpatient program. Two of the absences were
because Marinovich was late in arriving at the facility, and the other
was because he could not understand a garbled phone message regarding
his testing time, Johnston said.

On each occasion, Marinovich tested negative the next morning for
illegal substances, Johnston said.

Marinovich, addressing the court, said he has been tested "anywhere
from three to four times a week."

Johnston said Impact and the probation department have recommended
that Marinovich continue his current six-month program. But Marcus,
pointing out that missed drug tests are considered positive tests, was
clearly perturbed. The judge recalled that Marinovich had also failed
to comply with the conditions of his court-ordered rehab program
before his treatment was switched in July to a more personalized
program under Proposition 36, a voter-approved initiative requiring
California judges to sentence most nonviolent drug offenders to
treatment instead of jail.

"Let's be clear, he had problems before," Marcus said. "This is one
more example that Mr. Marinovich may be on the edge here, and I want
to find out what's going on."

Marcus also denied Johnston's request that Marinovich fulfill his
community service requirement by speaking to various
organizations.

Marcus said Marinovich must perform "regular" community service such
as working in a hospital, school or on a Caltrans or graffiti-removal
unit. 
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MAP posted-by: Terry Liittschwager