Judge Angelica Hernandez dismissed a motion to revoke Sue Farenthold's bond Wednesday morning because a prescribed medication may have caused a false positive result in a recent drug test.
Farenthold, the sister of Congressmen Blake Farenthold, was arrested Friday for failure to comply with her bond conditions after testing positive for methamphetamine.
Sue Farenthold was in court Wednesday morning with her attorneys, Jimmy Granberry and John Gilmore, to dispute the motion to revoke. They said that her prescribed weight loss medication, Phentermine, was listed as one that could potentially cause a false positive for methamphetamine.
According to Granberry, Farenthold had gone to a bariatric doctor who decided that she was not a good candidate for bariatric surgery. So instead, he put her in a medically supervised weight loss program and gave her a prescription for Phentermine. He added that the probation department was then given a list of the drugs that she was on, which included the Phentermine, as well as Trazodone, another medication that can cause a false positive.
"My experience has been that when the prescription is turned in that it gives a valid reason that may explain, and so what we do is we either set a status or we check the veracity of the prescription, and that has been my experience in every other case," Judge Hernandez said. "So now what I'm hearing is there's been a list of prescriptions which would account for the positive on the methamphetamine, and we filed the MTRB anyway."
The judge contended that the list of medications Farenthold had been taking was not provided at the time that the motion to revoke bond was filed. The court found that the medication was, in fact, listed, and dismissed the motion to revoke.
"I'm going to dismiss the MTRB and wait for confirmation, which there's going to be a confirmation for methamphetamine because it's in the medication, yes?"
Farenthold's attorneys did say that there is a type of test that can differentiate between the Phentermine false positive and real methamphetamine.
Farenthold will be released Wednesday under her previous bond conditions. As for the weight loss medication, the state had no objection to allowing her to continue in the weight loss program.
"The state having no objection will allow her to remain on that program provided that she continues to give the prescriptions which would account for that, and that she's going to cover the cost of the testing which may need to be done to confirm that it's a Phentermine positive methamphetamine rather than any other type of substance," Hernandez said. "And if she's willing to cover those expenses, then the court will allow her to remain on that program."
In the past, Farenthold has admitted to having a drug problem. She has faced criminal charges before, including drug possession, and even participated in rehabilitation.
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