SALISBURY, Md.- Elizabeth Day, the wife of Salisbury Mayor Jake Day, was sentenced Friday to 10 days in jail after entering an Alford plea to a single count of attempted possession of Adderall, a controlled dangerous substance.
An Alford plea means that a defendant maintains his or her innocence but acknowledges that, had the state proceeded to trial, there likely would have been sufficient evidence for a conviction. The charge of contributing to the condition of a child was dismissed by the state as part of the plea.
Elizabeth Day, 30, was a physical education teacher at James M. Bennett High School in Salisbury when in December of 2019 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 (which was dropped as per her plea agreement). Both charges are considered misdemeanors.
The charges stem from an investigation launched after a report was filed Dec. 9, 2019, 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.
Elizabeth Day's lawyer, John Phoebus, said his client will surrender to the Wicomico County Detention Center on Friday night to serve her 10 days behind bars. According to Phoebus, Judge Daniel Mumford agreed to grant the defense’s motion to modify Day's sentence to probation before judgment over the state’s objection upon the completion of her period of incarceration. Probation before judgment is not considered to be a conviction under Maryland law.
Following Friday's sentencing, Elizabeth Day issued the following statement.
"I want to formally apologize for my poor decision in asking a student for ADHD medication. I take full responsibility for my actions. To the student and her family, my own family, and anyone else I hurt, I am sorry. As I was preparing to defend my dissertation for my doctorate, I was having trouble focusing and told my counselor and she diagnosed me with ADD and recommended medication to my general doctor. In my impatience and stress, while having to wait to get into my doctor’s office I asked a student. I recognize this was wrong, and the medicine was never exchanged. Contrary to what was published in the paper in December, I have never struggled with drug use and thank God for his protection. I have repented and am grateful to the Lord for his forgiveness and mercy."
Following her arrest in December, Wicomico County Public Schools placed Day on administrative leave pending the outcome of the investigation. There is no word yet on her current employment status with WCPS.
Salisbury Mayor Jake Day and his wife, Elizabeth Day (Photo credit: Jake Day Facebook page)