Pubdate: Wed, 14 May 2008
Source: Concord Monitor (NH)
Copyright: 2008 Monitor Publishing Company
Contact: http://drugsense.org/url/WbpFSdHB
Website: http://www.concordmonitor.com
Details: http://www.mapinc.org/media/767
Author: Melanie Asmar

POT STING STUDENT TO GRADUATE

He Faces Drug Charges After Text-Messaging

John Huckins, the 17-year-old Concord High School  student who was
arrested in March during an alleged  drug buy set up by the Bishop
Brady principal, will not  be suspended for the rest of the school
year, according  to the terms of an agreement detailed yesterday by
Huckins's attorney.

Huckins will be allowed to finish his senior year at  Concord High but
will not be allowed to attend his  senior prom, class day or
graduation ceremony, said his  attorney, Mark Howard. In exchange,
Huckins will drop  the lawsuit he filed against the school district
alleging district officials violated their own rules  regarding
suspension procedures, Howard said.

The two sides reached the deal this week. School  district attorney
John Teague said yesterday that  privacy laws prohibited him from
commenting on the  specifics, but he called the deal a "satisfactory
resolution."

Huckins thought he was text-messaging a friend at  Bishop Brady High
School on March 6 when he went there  for a drug sale, according to
court records. It turned  out he was communicating with Brady
Principal Jean  Barker.

Barker had confiscated the cell phone of Huckins's  friend and used it
to lure Huckins to the school,  records said. The conversation started
when Huckins  text-messaged his friend's phone and asked, "Yo, need a
bag?" Barker suspected he was referring to marijuana  and answered
back, "Yea I can wait at the back door."

Barker called the Concord police once she'd set up the  drug sale,
records said. When Huckins arrived near  Brady about 2:30 p.m., the
police arrested him. He is  charged with possession of a controlled
drug with  intent to distribute. The police report said he had 1
ounce of marijuana on him, but Howard said yesterday  that Huckins was
charged with possession of a quarter  ounce.

The day after his arrest, Concord High suspended  Huckins for 10 days
because of the charge. Huckins did  not challenge the suspension. On
March 26, when he  returned to school, the superintendent's office
told  him he was suspended again, this time for the rest of  the year.

Howard challenged the second suspension in court,  arguing that the
school district didn't follow its own  rules regarding long-term
suspensions. Specifically,  Howard said, the district didn't notify
Huckins in  writing of the charges against him or tell him he could
have a lawyer at his suspension hearing.

School officials acknowledged last month that they  violated their own
rules, court records show, and moved  to reschedule Huckins's second
suspension hearing.  Howard objected and asked a Merrimack County
Superior  Court judge to intervene.

Judge Philip Mangones ruled that district officials  deserved another
chance to debate Huckins's second  suspension. Huckins, Howard and
school officials met  Monday to discuss the possible suspension. They
worked  out a compromise that allows Huckins to stay in school.

Huckins's good behavior played a role in the decision,  Howard said.
He'd been back in school since early  April, while the court case
regarding his suspension  was pending.

"He's done extremely well," Howard said. "He's been  unassuming and
deferential toward the administration.  He handled himself maturely
coming back, and they  handled it professionally."

Howard did not go into detail about the negotiations  between the two
sides. In all, Howard said, Huckins was  suspended for 23 days - 10
days originally and 13 days  before Howard filed the lawsuit
challenging the second  suspension.

What's most important for Huckins now, Howard said, is  that he'll be
able to finish his senior year, albeit  without the traditional rites
of passage. He won't have  a long-term suspension on his high school
transcript,  and he'll be able to earn a diploma and attend college.
Huckins, whom Howard described as a "decent student"  with high marks
in art and music, plans to attend the  Maine College of Art in Portland.

But first, he'll have to deal with his pending criminal  charge. A
probable cause hearing is scheduled for this  morning in Concord
District Court.
- ---
MAP posted-by: Steve Heath