Judge defers jail time for Grapski

Defense says he is on five medications including Prozac and Xanax

A 45-day jail sentence for Charles Grapski, which was set to begin on June 18, was deferred Tuesday after his attorney said he was suffering from numerous medical conditions.

Grapski’s court-appointed public defender, Holly Stacy, told the court Tuesday that her client was on a host of medications related to several ailments.  Among his reported conditions are depression, attention deficit hyperactivity disorder (ADHD), post traumatic stress disorder (PTSD), neurological damage and chronic pain.

The neurological damage is result of “being beaten,” Stacy said.  In describing Grapski’s alleged PTSD and neurological damage, she said he suffered the injuries as a result of being knocked unconscious.  That appeared to be an allusion to Grapski’s earlier claim that he was not conscious after Alachua police arrested him in 2007.

A one-time University of Florida PhD student and political activist, Grapski is reportedly prescribed Adderall for his ADHD condition, Prozac and Xanax for the PTSD anxiety and Hydrocodone for the chronic pain.  Grapski has now been prescribed Effoxor as an additional medication for his depression, Stacy said.

Stacy requested the court delay Grapski’s sentence in an effort to improve his medical condition while they prepare for a violation of probation hearing stemming from a February drug screening in which Grapski tested positive for marijuana use.

In asking Judge James Nilon to defer Grapski’s 45-day sentence, Stacy said, “I need [Grapski] to help me with this hearing,” referring to Grapski’s education in the field of biology.

“He needs help,” she said.

Nilon granted the request and pushed the date for his jail sentence to begin on Sept. 1, saying, “I’m going to grant the request under the current medical situation.  I don’t think that I have to, but it’s probably better all the way around for him and the jail personnel.”

In December, Grapski was sentenced to 10 years probation for two felony convictions of battery on a law enforcement officer.  He was also handed 45 days on the Alachua County Work Crew and 150 days in jail, of which, 105 had previously been served and credited toward the sentence.  That leaves Grapski with 45 days yet to serve.

After he allegedly failed a drug test in February, Grapski was arrested for violation of probation.  While he awaits a hearing for the violation, Nilon released Grapski on March 22 under the condition that he live in a drug free house and take a drug avoidance and treatment course.

Stacy said Tuesday that Grapski had undergone a drug treatment evaluation and that the person dong the evaluation was inclined to recommend a basic drug education program.  But Grapski was contesting that decision saying he didn’t need to undergo such a program.

By Tuesday’s hearing, Grapski enrolled in the program to begin Thursday.  That move came after Judge Nilon said last month that he didn’t feel the terms of Grapski’s pre-trial release were being met.

“He will be in compliance come Thursday and that is what [the evaluators] recommend.

“I expected him to be in treatment,” Nilon said, referring to his frustration that Grapski didn’t comply with the orders earlier.

Geoffrey Fleck, a prosecutor for the Office of the State Attorney in Gainesville asked, “Why does the State hear about this at 4:30?”  Fleck said if he had known Grapski was going to be in compliance, he could have saved his witnesses the trip to court Tuesday.

A case management hearing has been set for July 6 at 1:30 p.m.  A violation of probation hearing for Grapski’s failure of a drug test is expected to be set for August.