Drug use is choice, not disease, judge says

By Ryan McCarthy 

FAIRFIELD — Robert James Turley was taken into custody Monday and sentencing for his probation violation continued to Friday after a Solano County Superior Court judge said further review is due the case – calling drug use a choice, not a disease.

“His choice is to use drugs,” Judge Peter B. Foor said in court.

I understand they are addictive, the judge said about drugs.

Fairfield resident Turley, 47, who has been convicted of thefts and residential burglary, used marijuana while on probation.

Foor said Turley’s first felony conviction was in 1991, that he has been in prison a number of times and residents can’t afford the property crimes he’s committed to pay for drugs.

“Our community just doesn’t have to put up with this,” the judge said. “He has no right to endanger our community.”

Foor said he doesn’t see any great hope that Turley will successfully complete probation.

“Mr. Turley has been given chance, after chance after chance,” Foor said.

“It’s important for everyone to be held accountable,” the judge said.

His statements followed Karen Sheehy, a case manager for Solano County Drug Court, saying that Turley has been consistently improving in the effort to kick drug use.

Turley used methamphetamine and he hasn’t returned to that drug, but used marijuana while dealing with medical issues, Sheehy said.

“We do know that he is taking steps to kick this disease,” she said in court. “This disease is not easily kicked.”

Attorney Leslie Prince, representing Turley, said he did use marijuana and violated probation but was very ill with kidney problems.

Prince said after the court hearing that she strongly disagrees that drug use is not a disease.

A lot of literature and studies suggest that addiction is in fact a disease, she said.

The attorney said she was a little surprised the judge would state otherwise. Prince noted a “60 Minute”s program Sunday concluded addiction is a disease.