Pubdate: Mon, 14 Apr 2008
Source: Daily Herald (Arlington Heights, IL)
Copyright: 2008 The Daily Herald Company
Author: Charles Keeshan
Bookmark: (Drug Testing)


If at first you don't succeed, it's not always wise to try, try

James H. Day should have thought of that last year when he tried, for
a second time, to thwart a court-ordered  drug test by bringing a bag
full of someone else's  urine to McHenry County's probation department.

For a second time, Day's plot failed, this time when the bag sprung a
leak as he stood in a county office June 19 waiting to be tested,
sending his friend's urine spilling down his leg as a probation
officer  looked on.

Now the 54-year-old Woodstock man is heading to the county jail to
serve a six-month sentence for unlawful defrauding of a drug and
alcohol screening test.

Day admitted guilt today to the felony charge under a plea bargain in
which he was fined $500 in addition to the jail time.

"Clearly he was not probationable," Assistant McHenry County State's
Attorney Sharyl Eisenstein said.

For Day, the jail sentence is an unlikely outcome for a string of
legal troubles that began on the Fourth of  July 2004 when Crystal
Lake police arrested him for possessing a small amount of marijuana.
He pleaded  guilty to a low-level misdemeanor charge about six months
later as part of a deal in which he received court supervision and
agreed to undergo three drug  tests.

In July 2005 he was caught trying to pass off someone else's urine as
his own during one of those tests, leading to a felony charge that
eventually would be reduced to a misdemeanor as part of another plea 

The deal, however, included at least six more drug tests. And Day, it
seems, couldn't resist trying again to fool the test. After his
second attempt to thwart  the test failed, Day admitted he had been
using  marijuana again, Eisenstein said.

Day had been working in a clerical role for the McHenry County
Recorder of Deeds, county human resources  Director Robert Ivetic
confirmed today. The office  terminated his employment Friday, Ivetic
said, because  of attendance issues not directly related to today's 
court proceedings.

Day will be eligible for day-for-day credit while in jail, meaning
that with good behavior he could go free  in about 90 days.
- ---
MAP posted-by: Larry Seguin