2 IN HERNANDEZ CASE SENT TO REHAB PROGRAM.Byline: Rick Orlov Daily News Staff Writer The two men arrested with Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. City Councilman Mike Hernandez for cocaine possession were temporarily admitted Thursday into a tough drug-diversion program, after the judge said he would not penalize pe·nal·ize tr.v. pe·nal·ized, pe·nal·iz·ing, pe·nal·iz·es 1. To subject to a penalty, especially for infringement of a law or official regulation. See Synonyms at punish. 2. them for being involved in a high-profile case. Jess jesse, jess a leather strap placed around each shank of a hawk used for hunting, for the attachment of a leash. Ramirez, 47, and Jose Gallardo, 35, first must go through a three-week preliminary program before court officials determine whether to admit them to the yearlong year·long adj. Lasting one year. Adj. 1. yearlong - lasting through a year; "attending yearlong courses" long - primarily temporal sense; being or indicating a relatively great or greater than average duration or program, said Municipal Judge Stephen Marcus Stephen Marcus (born Stephen Mark Scott, 18 June 1962) is a British actor, best known for his role as Nick the Greek in Lock, Stock and Two Smoking Barrels. Marcus plays American football in the UK for the BAFL One team Sussex Thunder. . The two are scheduled to return to court Dec. 2 for a preliminary hearing and to learn what court officials have decided. If they successfully complete the program, the charges against them will be dropped. Hernandez has pleaded guilty to possession of cocaine and was allowed to enter the drug-diversion program for rehabilitation rehabilitation: see physical therapy. and monitoring by the Probation Department. Under the City Charter, a council member must resign if convicted of a felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law. . But Hernandez has been allowed to keep his job because the conviction would be entered only if he fails to complete his program in 36 months. In the case of Ramirez and Gallardo, prosecutor Dan Feldstern had argued against admitting the two to the program, saying there was evidence that they had furnished Hernandez with cocaine and indications they had sold drugs. ``But you didn't charge them with that,'' Marcus replied. ``If this was any other case, these two would be eligible for drug court. We shouldn't discriminate against them just because they are involved in a high-profile case.'' Feldstern acknowledged that, saying the decision not to file drug-sale charges was based on the small amount of cocaine recovered during the Aug. 21 arrest. However, he said, the investigation of Hernandez showed repeated use of drugs at the homes of Gallardo and Ramirez. Gallardo's attorney, Sheldon Levitin, insisted that no drugs had been sold to the councilman and therefore the pair should be allowed in the drug court program. ``There is no charge that Mr. Gallardo sold drugs,'' Levitin said. ``This is an allegation The assertion, claim, declaration, or statement of a party to an action, setting out what he or she expects to prove. If the allegations in a plaintiff's complaint are insufficient to establish that the person's legal rights have been violated, the defendant can make a without any charge. It wasn't Mr. Gallardo that broke any trust. It was Mr. Hernandez who betrayed the trust of the citizens who elected him to office.'' The program Gallardo and Ramirez are seeking will require daily drug tests and participation in both special counseling and 12-step programs for a year. Marcus sternly warned the two that he would be personally watching their performance. ``If there is the slightest indication you are using this program to sell drugs, you're out and you'll be thrown in jail,'' Marcus said. |
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