Pubdate: February 17, 1999
Source: Billings Gazette, The (MT)
Copyright: 1999 The Billings Gazette
Contact:  P.O. Box 36300, Billings, MT 59101-6300
Fax: 406-657-1208
Website: http://www.billingsgazette.com/

MEDICAL TESTS ORDERED OVER COURTROOM SPITTING

A Lodge Grass woman who spat on an assistant U.S. attorney at the
conclusion of a hearing last week in federal court will have to
undergo medical testing for the presence of any infectious diseases.

Chief U.S. District Judge Jack Shanstrom has issued an order requiring
U.S. marshals to arrange the tests for Roberta Hernandez, 38, who was
convicted by a jury in an 18-count marijuana conspiracy indictment.
Results of the tests will be presented under seal to Shanstrom and to
the attorneys in the case.

Hernandez was convicted on the marijuana indictment late last year.
She was back before the judge last Thursday hoping to be released from
custody pending her March 18 sentencing. Assistant U.S. Attorney Jim
Seykora had opposed her release. At the end of the hearing, Shanstrom
denied Hernandez' request, saying that because she faces a minimum 10
year sentence, the law does not give him the discretion to free her
pending sentencing.

As she was being escorted from the courtroom by U.S. marshals,
Hernandez paused in front of Jim Seykora and spit at him, hitting his
suit and tie. Following the episode, Shanstrom said he would take
Hernandez' "contemptuous" behavior under consideration at the time of
sentencing.
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