Pubdate: Tue, 30 Nov 2004 Source: Roanoke Times (VA) Copyright: 2004 Roanoke Times Contact: http://www.roanoke.com/ Details: http://www.mapinc.org/media/368 Author: Laurence Hammack, The Roanoke Times Bookmark: http://www.mapinc.org/find?136 (Methadone) Bookmark: http://www.mapinc.org/rehab.htm (Treatment) JAIL TIME REDUCED FOR DRUG PATIENT The judge maintained that the woman violated probation by seeking methadone treatment. TAZEWELL - In jail since February for taking a medicine prescribed to curb her drug addiction, Kimberly Bucklin will likely stay there through Christmas. But she won't have to serve another two years, a Tazewell County judge decided Monday in easing his earlier decision to punish Bucklin for violating her probation by taking methadone at a drug treatment center. Instead, she must complete a 20-week Diversion Center program run by the state Department of Corrections. Ever since Circuit Judge Henry Vanover sentenced Bucklin to three years in prison for attending a methadone clinic - a form of drug treatment that is off-limits to probationers in Tazewell County - critics have denounced what they call judicial intrusion into the medical field of treating addiction. "If she came in here and she was taking chemotherapy for cancer, certainly that is a valid treatment plan," defense attorney Tom Scott said. "The same thing by analogy is true of methadone." However, some in law enforcement distrust a treatment plan that they say substitutes one addictive drug for another. Tazewell County Commonwealth's Attorney Dennis Lee was dismissive of a legal brief, filed by the American Civil Liberties Union, that cited studies showing that methadone has reduced cravings and crime by addicts of opium-based drugs such as heroin and OxyContin. Lee said methadone advocates were trying to turn a routine probation violation hearing into "the Scopes monkey trial of methadone." But in the end, Bucklin's case had no apparent influence on what Lee said is a standard condition of probation in the county: Offenders who are patients at a methadone clinic must wean themselves of the drug within six months or face serving their suspended prison time. In Roanoke, where plans for a methadone clinic on Hershberger Road have stirred up opposition from neighbors, court officials do not enforce such a stringent requirement. Several drug court participants have been allowed to attend out-of-town methadone clinics, said Paul Keiser, head of the region's probation and parole office. In Bucklin's case, the judge made it clear that the 30-year-old Tazewell County woman will not be allowed to take methadone once she is released. "That may be a recognized method of treatment," Vanover said. "But it is not the only method of treatment that is recognized. Abstinence is a recognized method of treatment as well." That comment echoed one made earlier by Lee. "Millions of people detox from drugs," the prosecutor said. "Millions of people stop drinking. Millions of people are able to get their demons under control." To argue, as Bucklin's attorneys did, that methadone was a life-saving necessity, "is directly contrary to what we know as human nature," Lee said. Charged in 2003 with child abuse and possession of OxyContin, Bucklin was placed on house arrest for six months followed by probation and a 6 1/2 -year suspended prison sentence. She was also told that as a condition of her probation, she must stop using methadone within six months. Against the medical advice of the clinic physician, she began to gradually reduce her daily dose of the drug, which she had turned to following her arrest. After she suffered cravings and withdrawal, the clinic restored her to a higher dose and continued her treatment past the six-month deadline. When authorities learned that Bucklin was still on methadone, they revoked her probation. Vanover sentenced her in July to three years in prison. He later agreed to reconsider after the ACLU intervened in the case and enlisted a nationally known figure in the field of substance abuse to testify as an expert witness. "I personally question a judicial decision that limits the therapeutic flexibility that physicians have," said Dr. Robert Newman, director of the Chemical Dependency Institute of Beth Israel Medical Center in New York. According to Newman, who reviewed records of Bucklin's treatment at the Life Center of Galax's satellite clinic in Tazewell County, her addiction to OxyContin is so severe that methadone is crucial to her recovery. Bucklin, who was sent from the county jail to the hospital for methadone withdrawal shortly after her arrest in February, will remain at risk following her release, Newman said - unless she can receive her methadone. But with a suspended sentence hanging over her head, using a drug that Newman said was keeping Bucklin out of trouble could once again have the opposite effect. - --- MAP posted-by: Derek