SALISBURY — A Bennett High School teacher charged last December with attempting to possess a controlled dangerous substance and contributing to the condition of a child after allegedly attempting to purchase medication from a student is serving jail time this week after entering a plea arrangement.
Last Dec. 9, deputies from the Wicomico County Sheriff’s Office Criminal Investigation Division began an investigation into a reported CDS violation involving a teacher soliciting a student for prescribed medication. The investigation revealed the suspect, Elizabeth Day, 30, of Salisbury, who is the wife of Salisbury Mayor Jake Day, allegedly solicited a 16-year-old student to purchase two ADHD pills for $20.
Day was a physical education teacher at James M. Bennett High School in Salisbury at the time of the incident and the student was enrolled at the high school. Day was placed on administrative leave following her arrest last December and her current employment status is not known.
Last Friday, Day entered an Alford plea to one count of attempted possession of Adderall, a controlled dangerous substance. In an Alford plea, a defendant does not plead guilty, but acknowledges the state has enough evidence to prosecute the case.
As part of the plea arrangement, the charge of contributing to the condition of a child was dismissed. Day was sentenced to 10 days of active incarceration, a sentence she began last Friday. The District Court judge granted the defense’s motion to modify the sentence to probation before judgment upon the completion of her period of incarceration, a motion to which the state objected. Probation before judgment is not considered a conviction under Maryland law.
Through her attorney John Phoebus, Day issued a statement.
“I want to formally apologize for my poor decision in asking a student for ADHD medication,” she said in a statement. “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 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.”
