SALISBURY, Md.- The wife of Salisbury Mayor Jake Day is facing drug and related charges following a criminal investigation.
Elizabeth Day, 30, is a physical education teacher at James M. Bennett High School in Salisbury. On Friday, she turned herself in to the Wicomico County Sheriff's Office, where she was arrested and charged with one count of attempted possession of a controlled dangerous substance - not marijuana, and one count of contributing to the condition of a child. Both charges are misdemeanors. She was released on her own recognizance with a trial scheduled for Feb. 3 in Wicomico County District Court.
The charges stem from an investigation launched after a report was filed Dec. 9 through the Child Advocacy Center.
According to court documents, a 16-year-old James M. Bennett student told detectives with the sheriff's office's Criminal Investigation Division about a close relationship with a teacher, identified as Day. Court documents state that while in school on Wednesday, Dec. 4 or Thursday, Dec. 5, Day approached the student in the hallway and asked for ADHD medication. Court records further state that when the student told Day that he/she did not have any ADHD medication, Day asked the student if he/she could get any of the medication from friends. The student told detectives that on more than one occasion Day sent the student a text message or a Snapchat message asking for medication, according to court documents. The court documents also state that Day asked the student not to save any of the messages she sent regarding the medications.
Court documents indicate that later on Monday, Dec. 9, the student, under the direction of detectives, phoned Day about the medications she requested. Through Snapchat, a price of $20 was established for two prescription ADHD pills, according to charging documents. The documents further state that several minutes later Day asked the student to call her and when the student did, Day agreed to purchase two ADHD pills from the student. Day then directed the student to meet her in the locker room at school on Tuesday, Dec. 10, with the prescription ADHD pills, court records said.
Court records show that on Tuesday, Dec. 10, a detective, armed with a search and seizure warrant, confiscated Day's phone and conducted a search of its internet search history, which yielded the following search results:
11/22/2019 - "ways to conice your soctor to prescrbe vivance"
11/24/2019 - "a vyvanse addictive"
11/26/2019 - "dangers of vyvanse"
11/27/2019 - "how to convince a doctor to prescribe Vyvanse"
12/01/2019 - "how to convice a doctor to prescribe "Vyvanse"
12/03/2019 - "How to be prescribed Concerta"
12/04/2019 - "vyvanse before and after weight"
Detectives said in charging documents that the aforementioned internet searches led them to believe Day intended to obtained a controlled substance to include Vyvance and/or Concerta, both of which are for treatment of ADHD. According to court records, investigators also believed the internet searches showed an intent to fraudulently obtain those medications, both of which are scheduled II controlled dangerous substances.
Day's lawyer, John Phoebus, issued a statement on behalf of his client on Friday afternoon in which he described the charges filed against her as of a "relatively minor nature." He also said his client "has never been in trouble her entire life."
"Mrs. Day is committed to her family, her children, and the Salisbury community. While she is cooperating with the investigation, she is presumed innocent of these charges," Phoebus said. "We intend to litigate this matter only in the courts and we will have no further statements concerning these charges until her trial in February."
Phoebus said his client would make no statements concerning this matter.
Elizabeth Day's husband, Salisbury Mayor Jake Day, did issue a statement regarding her arrest.
“This is a very difficult time for our family. My wife, Elizabeth, is a great mother to our two children and committed to this community," he wrote. "Liz has dealt with challenges that millions of Americans have, and though she must now live through those challenges in the public eye, I know the health and well-being of our family is the single most important thing in her life. In this moment, my role is to love and support my wife and our children, and that’s what I intend to do.
Wicomico County Public Schools Superintendent Dr. Donna Hanlin said in a statement that after learning of the charges filed against Elizabeth Day, she has been placed on administrative leave pending the outcome of the investigation.
"Wicomico County Public Schools is working in full cooperation with the legal system in this matter," Hanlin said. "Our first priority is always the safety and well-being of our students and staff. As this is an ongoing investigation, Wicomico County Public Schools cannot provide any additional information."
To avoid a conflict of interest, the Wicomico County State's Attorney's Office has asked for and received the assistance of the Calvert County State's Attorney's Office to handle the prosecution of this case.
Salisbury Mayor Jake Day and his wife, Elizabeth Day (Photo credit: Jake Day Facebook page)
