The D.C. Court of Appeals yesterday reversed a D.C. Superior Court judge's decision to jail a man who was successfully completing a drug rehabilitation program while on probation.
The three-judge panel ruled, in a 13-page decision, that Judge Alfred Burka had abused his power when he revoked the five-year, probation of Myron F. Jacobs, 26, after Jacobs had experienced a year-and-a-half of "sustained progress" in a Lexington, Ky., drug treatment program.
On Dec. 12, 1975, Jacobs pleaded guilty to forgery, receiving stolen property and simple assault, according to yesterday's decision.He was sentenced to 40 months to 10 years in prison by Burka, who then suspended the sentence and placed Jacobs on five years probation.
One condition of the probation was that Jacobs, an addict, participate in a drug treatment program. Jacobs was immediately enrolled in RAP Inc., but later escaped from the program and returned to court before Judge George D. Neilson on two new misdemeanor charges.
Neilson placed Jacobs in a two-year drug treatment program in Lexington, Ky., where Jacobs was undergoing treatment when Burka revoked his probation. Jacobs was then sent to Lorton Reformatory and was denied further drug treatment.