Hernandez Adhering to Recovery Plan, Judge Says

In a brief but upbeat court appearance, City Councilman Mike Hernandez received a thumbs-up Thursday from a Municipal Court judge reviewing his progress in a court-ordered drug program.

“It sounds like you’re doing very well, Mr. Hernandez,” Municipal Judge Dale S. Fischer told the councilman. “Keep up the good work, Mr. Hernandez.”

The 1st District lawmaker, arrested for felony cocaine possession last summer, attends drug and alcohol recovery meetings several times a week and is tested for drug use at least twice weekly.

Hernandez can avoid a felony drug conviction if he successfully completes the rehabilitation program, which is likely to last at least 18 months altogether.

In two letters included in his court file Thursday, recovery program officials said Hernandez has a perfect attendance record and has demonstrated a strong willingness to maintain his sobriety.

“Mr. Hernandez came to the program with an open mind and a positive attitude and hopefully is gaining some benefit from his participation here,” wrote Joyce Johnson, director of the High Road Program in Pasadena. “He is a good member of his group setting, willing to share and offer meaningful feedback to others.”

Hernandez has admitted drug and alcohol addictions, saying that before his Aug. 21 arrest he was drinking a quart of tequila every night and sometimes attended council meetings under the influence of cocaine. Authorities, who had followed the lawmaker over a number of weeks and watched him both buying and using cocaine, found marijuana and cocaine in his third-floor City Hall office.

After his short court appearance Thursday, Hernandez appeared confident: “There’s no question in my mind that I am sober,” he said. “It’s a whole new life for me.”

But organizers of an on-again, off-again recall campaign, who waited patiently in the courthouse corridor before seizing the media opportunity, said they will seek a federal investigation into what they allege was the complicity of Hernandez’s staff in his drug use.

Recall organizer Rudy Tenorio de Cordova said he is sending a letter to Atty. Gen. Janet Reno requesting a probe of the staff’s alleged failure to alert authorities to the councilman’s drug use. The federal government would intervene only if there were suspicion of a federal violation; it was unclear from recall supporters whether they were alleging any federal crime.

“It behooves me to think that his staff could not have known about the drugs,” De Cordova said. “I believe at least someone was aware of it and looked the other way.”

The recall committee said the request is being directed to federal authorities because the group does not trust Los Angeles County Dist. Atty. Gil Garcetti to aggressively pursue it. The district attorney, the group believes, should have charged Hernandez with additional drug violations and should have opposed allowing him to enter the drug diversion program without jail time or fines.

But prosecutors defend their handling of Hernandez’s case, saying that he did not receive any special treatment and that the drug diversion program is available to most first-time drug offenders.

Without revealing how many voters’ signatures the recall group has collected, De Cordova said that the campaign is well underway and that he is confident the committee will meet its June deadline for submitting petitions to the city clerk. A special election could then be held if enough signatures were gathered.

“I’m happy he has been able to stay off drugs these past six months,” said De Cordova, who wore an anti-drug button on his shirt. “He has 18 months ahead of him to remain clean and sober. . . . Mr. Hernandez has tainted the integrity of city government.”

Hernandez’s staff said recall supporters were merely trying to grab headlines and television sound bites.

If the councilman continues attending the recovery meetings and maintaining his sobriety, said his attorney, Charles R. English, he could complete the program in the spring of 1999. Another hearing will be held in September, at which time the judge will again review his progress. The program runs for 18 months to three years.

English praised Hernandez, saying his perfect attendance at recovery sessions proves his commitment to overcoming his addictions. “I think that’s a fabulous tribute to his dedication,” the lawyer said.

When Hernandez returned to City Hall after he entered a residential drug treatment program, several council members called for his resignation. When asked about his relations with those colleagues now, Hernandez said, “I think my colleagues are beginning to give me the same respect again . . . and they are asking for my help.”

Hernandez is once again feeling comfortable in the council chamber; when he first returned he was reluctant to engage his colleagues during meetings. That has changed.

Hernandez became the council’s main supporter of gardeners protesting the citywide ban on gas-powered leaf blowers. He also established the first voluntary crossing guard program in his district and he secured four new DASH bus routes in his area.

He also is fighting the recall. Steve Afriat, a political consultant hired by Hernandez, said the campaign so far has been low-key, but the councilman has raised between $15,000 and $20,000.

“We’re not being very aggressive about it,” Afriat said. “We’re just kind of laying the groundwork so far.”