Jolene Nicole Whelan successfully completed the Humboldt County Drug Court program this year and seemed to be well on the way to having her felony conviction set aside. However, just three days after her drug court graduation, Whelan was again arrested, charged with obtaining hundreds of different prescription pills from different doctors and pharmacies. Whelan is also facing charges in Washoe County.
“The efforts of drug court were wasted,” said Chief Deputy DA Kevin Pasquale. “She just blew it off.”
But the defendant countered that when she had the opportunity to speak before the judge.
“I can understand what it looks like on paper,” Whelan told Sixth Judicial District Judge Michael Montero. “But I don’t like to admit that drug court was a waste of time — it wasn’t.”
Whelan expressed regret that she was in court before the judge instead of at home taking care of her son and being there for him at Christmas time. “I get the weight of what I’ve done and why I’m here and the effects it has on everybody around me,” she said.
Whelan said she understood what she would have to do to get home to her son. “I worked really hard for that drug court certificate and I’m still really proud of it,” she concluded.
Judge Montero didn’t appear to have the words to describe his disappointment.
“I don’t know that there’s anything I can say at this time, as the sentencing judge who has presided over your time in drug court, that would truly capture the magnitude of this moment,” Montero said quietly. “I think it would be just best reflected in the sentence.”
He then pronounced Whelan guilty of the original felony with which she was charged in January of 2016 — fraudulent use of a credit card illegally possessed. He ordered her to pay $153 for DNA collection and analysis, $25 administrative assessment and another $250 public defender fee. He sentenced her to 12-32 months in prison, with credit for 34 days already served. That sentence was suspended and she was placed on probation, however as a condition of probation, she was ordered to spend the next 60 days in jail — which put her behind bars rather than with her family for Christmas. After that 60 days in jail, he said she will be dishonorably discharged from probation.
