Phil in Paris
12-22-2004, 09:10 AM
Couple ignored chances to go straight influenced decision, judge explains.
Tuesday, December 21, 2004
By RUDY MILLER
The Express-Times
EASTON -- Erik and Roxanne Timmons have had second chances to stay free of drugs and prison.
Because they failed to use those chances, a Northampton County judge raised their bail Monday. Their 5-year-old daughter had to watch as they were handcuffed and led from the courthouse to the prison.
The Hillsborough, N.J., couple are charged with stealing three motorcycles July 7 in Easton. Erik Timmons was jailed in lieu of $5,000 bail, and Roxanne Timmons' bail was set at $25,000 unsecured. She got the break so she could care for their three children, ages 12, 8 and 5, but she was ordered to remain drug-free while on bail, according to Christopher Kovalchik.
Kovalchik is the Northampton County director of pre-trial services, the county department that supervises people on bail and recommends bail amounts to judges.
Roxanne Timmons failed to stay drug-free. She was charged Monday with smuggling cocaine and two syringes to her husband in prison on July 31, Kovalchik said.
"I don't know why anyone would do something that stupid," Northampton County Judge Edward G. Smith told Roxanne Timmons in court Monday.
Dennis Zabower, a supervisor at a facility that administered drug tests to the couple, said Roxanne Timmons tested positive for cocaine on Aug. 11 and 25. After the drug tests, a judge on Sept. 8 required her to post 10 percent of $25,000 bail to remain free.
Zabower said Roxanne Timmons again tested positive for cocaine on Nov. 24 and positive for opiates on Sept. 21.
Erik Timmons was bailed out by his wife on Oct. 6, when his bail was reduced to 10 percent of $5,000. He tested positive for cocaine on Oct. 18.
Erik Timmons' drug tests also indicated excessive fluids in his system four times in October and November. Excessive fluid could mean he drank lots of water to try to flush drug traces out of his system, Zabower said.
Roxanne Timmons also had high levels of fluid in her system five times from July to October, Zabower said.
Defense attorney Matt Potts said Erik Timmons has diabetes, a condition that could cause a false positive result to appear on a drug test. Erik Timmons said he drinks a lot of fluids because of his diabetes. He also said he had a dentist appointment on the day he tested positive for cocaine and speculated the test could indicate the presence of Novocain, not cocaine.
The couple admit they are addicted to cocaine.
"I have done everything possible to get myself clean," Erik Timmons told Smith.
Smith said their drug addictions also hurt their children.
"How do you parent when you have this addiction to cocaine?" Smith asked.
"I don't do that when the children are present," Roxanne Timmons said. "I should never use it at all."
Erik Timmons said the couple plan to move to Tioga County, Pa., to get away from drug-using friends in their hometown of Hillsborough.
Jose Garcia, a Northampton County Prison professional responsibility supervisor, said Erik Timmons had planned to sell the drugs in prison to raise bail money.
Erik Timmons said he didn't intend to steal the motorcycles. He said he was transporting them in his truck as a favor for employees in his construction business. Roxanne Timmons was a passenger in the truck at the time, records say.
"I was just in the wrong place at the wrong time," Erik Timmons said.
Erik Timmons said authorities seized his truck after the incident with the motorcycles. Not having the truck has made it difficult for Roxanne Timmons to keep her drug-counseling appointments and for both of them to obey their drug test schedule. The Timmons were a half-hour late to their bail hearing Monday and said they had borrowed a car that broke down.
Smith agreed with Kovalchik and Assistant District Attorney Michael Thompson to increase the Timmons' bail to $50,000 each for the motorcycle case. Eric Timmons' bail in the drug smuggling case was raised from $3,000 to $50,000.
"Obviously, the Commonwealth is extremely concerned about bringing narcotics into Northampton County Prison," Thompson said.
The couple can post 10 percent of their $50,000 bail, but neither had enough money to post bail Monday.
Smith said it was a poor decision for the couple to bring their 5-year-old daughter to court when they knew they could be going to prison.
"I do not like the fact that your daughter is here," Smith said. "I realize you had no other arrangements, but it is a problem."
Although Roxanne Timmons said they had no one to take care of the girl, family members or friends of the couple were waiting outside the courtroom to take the girl after her parents were taken to prison.
Roxanne Timmons cried and clutched her daughter after the hearing until a sheriff's deputy asked her to come with him.
Smith said the pair will have an opportunity to plead guilty or go to trial later on the case involving the drugs in the prison.
"The one question I would love to ask you is why you would sneak cocaine and drug needles into Northampton County Prison and make a bad situation into an incredibly worse situation," Smith said.
Erik and Roxanne Timmons are charged with three counts each of theft, receiving stolen property and criminal conspiracy and single counts of cocaine possession in connection to the motorcycle case.
Erik Timmons was charged with conspiracy to deliver cocaine in August in connection with the prison drug-smuggling scheme.
Roxanne Timmons was charged Monday with criminal conspiracy to deliver cocaine, possession of cocaine and delivery of cocaine.
Roxanne Timmons was arraigned Monday before District Justice Gay Elwell, who set bail at $50,000 in the drug-smuggling case and did not give Roxanne Timmons an option of posting 10 percent.
"It sounds like pre-trial services has already had enough trouble with you," Elwell told Timmons.
Reporter Rudy Miller can be reached at 610-258-7171 or by e-mail at rmiller@express-times.com.
http://www.pennlive.com/news/expresstimes/pa/index.ssf?/base/news-14/1103623454189770.xml
Tuesday, December 21, 2004
By RUDY MILLER
The Express-Times
EASTON -- Erik and Roxanne Timmons have had second chances to stay free of drugs and prison.
Because they failed to use those chances, a Northampton County judge raised their bail Monday. Their 5-year-old daughter had to watch as they were handcuffed and led from the courthouse to the prison.
The Hillsborough, N.J., couple are charged with stealing three motorcycles July 7 in Easton. Erik Timmons was jailed in lieu of $5,000 bail, and Roxanne Timmons' bail was set at $25,000 unsecured. She got the break so she could care for their three children, ages 12, 8 and 5, but she was ordered to remain drug-free while on bail, according to Christopher Kovalchik.
Kovalchik is the Northampton County director of pre-trial services, the county department that supervises people on bail and recommends bail amounts to judges.
Roxanne Timmons failed to stay drug-free. She was charged Monday with smuggling cocaine and two syringes to her husband in prison on July 31, Kovalchik said.
"I don't know why anyone would do something that stupid," Northampton County Judge Edward G. Smith told Roxanne Timmons in court Monday.
Dennis Zabower, a supervisor at a facility that administered drug tests to the couple, said Roxanne Timmons tested positive for cocaine on Aug. 11 and 25. After the drug tests, a judge on Sept. 8 required her to post 10 percent of $25,000 bail to remain free.
Zabower said Roxanne Timmons again tested positive for cocaine on Nov. 24 and positive for opiates on Sept. 21.
Erik Timmons was bailed out by his wife on Oct. 6, when his bail was reduced to 10 percent of $5,000. He tested positive for cocaine on Oct. 18.
Erik Timmons' drug tests also indicated excessive fluids in his system four times in October and November. Excessive fluid could mean he drank lots of water to try to flush drug traces out of his system, Zabower said.
Roxanne Timmons also had high levels of fluid in her system five times from July to October, Zabower said.
Defense attorney Matt Potts said Erik Timmons has diabetes, a condition that could cause a false positive result to appear on a drug test. Erik Timmons said he drinks a lot of fluids because of his diabetes. He also said he had a dentist appointment on the day he tested positive for cocaine and speculated the test could indicate the presence of Novocain, not cocaine.
The couple admit they are addicted to cocaine.
"I have done everything possible to get myself clean," Erik Timmons told Smith.
Smith said their drug addictions also hurt their children.
"How do you parent when you have this addiction to cocaine?" Smith asked.
"I don't do that when the children are present," Roxanne Timmons said. "I should never use it at all."
Erik Timmons said the couple plan to move to Tioga County, Pa., to get away from drug-using friends in their hometown of Hillsborough.
Jose Garcia, a Northampton County Prison professional responsibility supervisor, said Erik Timmons had planned to sell the drugs in prison to raise bail money.
Erik Timmons said he didn't intend to steal the motorcycles. He said he was transporting them in his truck as a favor for employees in his construction business. Roxanne Timmons was a passenger in the truck at the time, records say.
"I was just in the wrong place at the wrong time," Erik Timmons said.
Erik Timmons said authorities seized his truck after the incident with the motorcycles. Not having the truck has made it difficult for Roxanne Timmons to keep her drug-counseling appointments and for both of them to obey their drug test schedule. The Timmons were a half-hour late to their bail hearing Monday and said they had borrowed a car that broke down.
Smith agreed with Kovalchik and Assistant District Attorney Michael Thompson to increase the Timmons' bail to $50,000 each for the motorcycle case. Eric Timmons' bail in the drug smuggling case was raised from $3,000 to $50,000.
"Obviously, the Commonwealth is extremely concerned about bringing narcotics into Northampton County Prison," Thompson said.
The couple can post 10 percent of their $50,000 bail, but neither had enough money to post bail Monday.
Smith said it was a poor decision for the couple to bring their 5-year-old daughter to court when they knew they could be going to prison.
"I do not like the fact that your daughter is here," Smith said. "I realize you had no other arrangements, but it is a problem."
Although Roxanne Timmons said they had no one to take care of the girl, family members or friends of the couple were waiting outside the courtroom to take the girl after her parents were taken to prison.
Roxanne Timmons cried and clutched her daughter after the hearing until a sheriff's deputy asked her to come with him.
Smith said the pair will have an opportunity to plead guilty or go to trial later on the case involving the drugs in the prison.
"The one question I would love to ask you is why you would sneak cocaine and drug needles into Northampton County Prison and make a bad situation into an incredibly worse situation," Smith said.
Erik and Roxanne Timmons are charged with three counts each of theft, receiving stolen property and criminal conspiracy and single counts of cocaine possession in connection to the motorcycle case.
Erik Timmons was charged with conspiracy to deliver cocaine in August in connection with the prison drug-smuggling scheme.
Roxanne Timmons was charged Monday with criminal conspiracy to deliver cocaine, possession of cocaine and delivery of cocaine.
Roxanne Timmons was arraigned Monday before District Justice Gay Elwell, who set bail at $50,000 in the drug-smuggling case and did not give Roxanne Timmons an option of posting 10 percent.
"It sounds like pre-trial services has already had enough trouble with you," Elwell told Timmons.
Reporter Rudy Miller can be reached at 610-258-7171 or by e-mail at rmiller@express-times.com.
http://www.pennlive.com/news/expresstimes/pa/index.ssf?/base/news-14/1103623454189770.xml