Pubdate: Tue, 15 May 2007
Source: Montrose Daily Press (CO)
Copyright: 2007 Montrose Daily Press
Contact: 
http://www.montrosepress.com/shared-content/perform/?domain_name=montrosepress.com&form_template=letters
Website: http://www.montrosepress.com
Details: http://www.mapinc.org/media/4108
Author: Katharhynn Heidelberg
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)

JUDGE - OLATHE TEACHER SABOTAGED DRUG TEST

MONTROSE - An Olathe teacher was sentenced to  additional jail time
after County Court Judge John  Mitchel found he tried to get around a
court-ordered  drug test.

Jon Dickerson was before the court Friday for a  show-cause hearing
initiated by his estranged wife's  allegations he'd failed to show up
for mandated drug  testing.

Emmarae Garcia failed, however, in her bid to have  Dickerson held in
contempt for allegedly failing one of  the tests and for allegedly
contacting her by telephone  when a civil no-contact order was in effect.

Mitchel ruled she and her attorney had presented  insufficient
evidence to support those allegations and  granted Dickerson's motions
for acquittal.

He agreed, however, that Dickerson had failed to  provide a urine
sample Aug. 24, 2006. Dickerson had  also perpetrated fraud against
the court and the  community by attempting to circumvent testing
methods  through use of a hose placed in his pants, Mitchel  said.

"I cannot let it go," he said. "I can't. It's an  egregious kind of
situation. This is a very widespread  problem of people sabotaging
drug testing."

He acknowledged Dickerson had made significant  improvements since his
legal troubles began, but  sentenced him to one additional day in jail.

According to public court records, Dickerson was  previously sentenced
to 10 days in jail for his plea to  disorderly conduct-display weapon
in a 2005 case. He  had also pleaded guilty violating a protection
order in  a 2006 case. He was also sentenced to probation for  these
misdemeanor offenses. The sentencing order  indicated he was to
undergo drug testing.

Dickerson's 2006 charge of second-degree burglary was  dismissed under
plea agreement and his original 2005  charge of felony menacing was
amended to the weapons  charge, according to court records.

Friday, Garcia's attorney, Brent Martin, argued that  Dickerson should
be held in contempt on four incidents  concerning drug testing and
alleged contact with  Garcia. He wanted Dickerson to serve an
additional day  in jail for each alleged violation.

Dickerson's attorney, Bill Richardson, successfully  blocked much of
the evidence Martin sought to enter  into the record and also
successfully objected to  Martin's questioning methods as "testimony
from the  podium."

But he couldn't convince the court to disregard all of  the testimony
from drug-test provider Ryan Fox.

Fox testified Dickerson was "nervous" when he arrived  for testing
Aug. 24, 2006, and appeared to be in a  hurry. This was enough for Fox
to require an observed  collection.

Fox testified he saw tubing sticking out of Dickerson's  groin area
and that a rubber band fell to the floor.  "He was trying to obscure
my vision with his shirt,"  Fox said.

Fox said Dickerson told him he couldn't produce a  sample and left,
promising to come back later, but did  not. Without a specimen to
test, Fox said he had to  note a "no-show" for Dickerson.

Richardson asked Fox whether he'd agree that it's not  easy to provide
a sample when someone is watching. Fox  said he did not agree, but
acknowledged some people do  have that difficulty.

He admitted he hadn't attempted to confiscate the  alleged apparatus
and had thrown away the rubber band.  Under redirect from Martin, Fox
also said nothing  changed the fact that Dickerson had not provided a
sample as ordered by the court.

Richardson argued the contempt allegations should all  be dismissed.
"Mr. Dickerson did appear for the testing  and was unable to provide a
sample," he said, adding  that his client's school schedule that day
was tight,  which would explain why Dickerson seemed to be in a  hurry.

"He still failed to provide the sample pursuant to  court order,"
Martin countered. "It seems sketchy that  he's relying on the
assertion that he couldn't go at  that time."

Though Mitchel granted all other motions of acquittal,  he agreed with
Martin's argument concerning the Aug. 24  drug test. A court order
from one week earlier made it  clear weekly testing was a requirement,
Mitchel said.

"It leaves little to the imagination to consider the  direct
observation of Mr. Fox...to conclude Mr.  Dickerson obviously did not
produce a sample," Mitchel  said. "He was ordered to test. He didn't
do it.  Moreover, I think it is obvious there was a definite  attempt
at substitution.

"The bottom line is Mr. Dickerson did violate the  protection
order."

Richardson pleaded to keep his client out of jail or at  least, let it
be concurrent with his 10-day sentence  rather than consecutive. He
said Dickerson had turned  his life around. "I don't think Mr.
Dickerson would  ever be a problem to the court again," he said.

Dickerson apologized and said his experience helped  educate and
humble him. "I now view myself as a  fallible man and a man able to
learn from his  mistakes," he said. "I'm not sure what more I need to
learn."

Mitchel said the purpose of punishment wasn't purely  about education,
but is also intended to send a  message. He imposed an additional day
in jail, to be  served consecutively.
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MAP posted-by: Derek