A bail hearing March 14 for the woman arrested on Valentines Day at Juneau International Airport for possession of heroin resulted in a judge giving her a chance at kicking the habit.
The Juneau Superior Court proceedings were to determine if Madelyn Brooks, 22, would be released to the third-party custody of her father who would then personally transfer her to a treatment program in Colorado.
Mark Brooks stated on the witness stand before Judge Patricia Collins that travel arrangements had been made and that he understood the duties of being a third party custodian.
“That she remain within sight and sound of me 24-7,” Brooks replied to defense attorney Julie Willoughby when asked of his duties. “And I immediately call the state troopers if she violates any conditions of release.”
Brooks said he could do that, and his love for her and the seriousness of the matter would prompt him to do so.
“We want to give her the opportunity to do something with her life,” Brooks said.
Willoughby told the court that Mr. Brooks could have posted bail for Madelyn after her first arraignment but chose not to because of his concern for her addiction.
“For a day to get her to treatment is reasonable though,” Brooks said.
As custodian, Brooks would pick Madelyn up at jail, transport her to the airport and travel with her to Colorado. Upon arrival he would deliver her to the treatment facility and walk her inside.
The Brooks family looked at more than 50 treatment facilities and decided on A Life Worth Living because it had a large percentage rate of success, went beyond 12-step programs, allows people back into the program after first release, and they are an established program.
“Madelyn needs a treatment program,” Brooks said. “And this is a little longer than the standard length program. We all agree that treatment is needed for her and we want to do whatever we can to get her back on track.”
A life Worth Living is a 14-17 week treatment facility for many of its visitors. After initial evaluations by facility staff Brooks said he would be willing to fly back to Colorado and retrieve any information and deliver it personally to the court.
Brooks also said he would post a performance bond for Madelyn.
Assistant district attorney Angie Kemp asked about Brooks’ past DUI conviction from 2005 and wanted to make sure no alcohol be used if it was against Madelyn’s probation.
Kemp also noted that this was Mr. Brooks first custodianship.
Madelyn had been in a previous 30-day treatment program when age 18. Now 21, Madelyn was no longer living with her father at the time of her arrest.
“We have definitely discussed a lot about this topic,” Brooks said.
Brooks said he has never had to call the police on Madelyn before but was taking this matter very seriously.
“This is all business,” Brooks said. “Obeying all the laws. Getting her to treatment. There is no way she is going to be away from me for a minute.”
Brooks stated to Kemp that he understood the circumstances of Madelyn’s arrest, that she was picked up at the Juneau airport with heroin in her possession and was addicted to one to two grams a day.
“She has been incarcerated since her arrest,” Brooks said. “She had to detox the hard way.”
Kemp only had a concern with the bail amount and asked that it remain at $10,000 and that upon any reasonable suspicion a drug test and a search could be served.
Judge Collins commended the family for their actions in seeking Madelyn’s treatment.
Collins told Madelyn she had two class A felony charges pending that carry many years in prison.
“If you violate your conditions or use again the state of Alaska brings people back,” Collins said. “The charges here, if true, are potentially dangerous both for you and your family. You are a person with a serious condition. I am very much impressed with the treatment program’s statement that ‘you are done when you are done’ as I firmly believe that a 28-day program is never enough. What happens at the treatment program is going to have a huge impact on your felonies.”
Collins granted third party custodianship to Mark Brooks and set a performance bond for $5,000. Madelyn must remain in the treatment program until returned to court.
An omnibus hearing is scheduled for March 30, a trial call June 28, and a criminal jury trial July 11-14 for controlled substance 2 (manufacture with intent to deliver).
Madelyn is accused of two counts of second-degree misconduct involving a controlled substance, a class A felony, for knowingly possessing with the intent to deliver or manufacture heroin and oxycodone. The oxycodone charge stems from a Nov. 23, 2010 arrest.
• Contact Klas Stolpe at 523-2263 or at email@example.com.
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