District Judge Michael Montero obviously struggled with whether to give Cody Potter another opportunity to succeed in Drug Court, after Potter absconded from the program and from the state for almost three months. When Potter was facing a felony conviction for possession of a controlled substance at just 20 years of age, with no criminal record, Montero gave him a chance to have that conviction diverted and to get the support and treatment available through Drug Court.
Potter had a rough start in Drug Court and spent two short stints in jail for not following the rules. Then he and a girlfriend took off for almost three months and a warrant was issued for his arrest. He talked by phone to his counselor in the Drug Court program and turned himself in.
Potter has been in jail since Jan. 3.
Potter’s Public Defender, Maureen McQuillan asked the judge not to rescind Potters diversion and to allow him to continue in Drug Court.
Potter repeated the request when he had the opportunity to address the judge. He asked for “another shot at drug court,” saying he was “ready to do the program, get a job, get back on my feet and focus on the program, get my life straight, back on the right path.”
Montero said he was still very troubled by Potter’s absconding from the Drug Court Program for months. He mused, “In my early days on the bench, if you’d absconded for even three days, you’d have gone to prison.” Since those early days, the judge has said he’s studied many Drug Court statistics that prove that some people who initially fail in Drug Court can succeed permanently if given a second and even a third chance.
Montero addressed Potter, “You are 20 years old with no significant criminal record. You so desperately need this but if you run off, how can we help you? We can’t.”
Potter said, “I promise I won’t.”
Montero continued, “With much hesitation, I’m going to reinstate you on probation under the original terms,” [including not moving forward with a felony conviction.] However, Montero told the young man he would not be released from jail until Monday morning, in just enough time to make it to his Drug Court appearance.
