Judge Grants Van Driver Accelerated Rehabilitation

By Andrew Gorosko

DANBURY –– A Danbury Superior Court judge has granted a special form of probation to a former Newtown public school van driver from Sandy Hook, who allegedly provided alcohol and cigarettes to underage school children earlier this year.

Judge Gary White on July 2 granted the request of Francoise Jayson, 48, of 3 Riverside Road, Sandy Hook Center, for “accelerated rehabilitation.” If Mrs Jayson successfully completes the probationary program, the criminal charges pending against her would be dismissed. Accelerated rehabilitation is a special form of probation for first-time offenders, which is intended to give them a second chance. Granting accelerated rehabilitation is at a judge’s discretion.

Mrs Jayson has entered “not guilty” pleas to the three charges that were filed against her by Newtown police on April 26, following a criminal investigation. Those charges are two counts of risk of injury to a minor, which is a felony, and one count of sale of liquor to minors, which is a misdemeanor.

In court on July 2, Assistant State’s Attorney David Shannon told Judge White that a state investigation into Mrs Jayson’s application for accelerated rehabilitation indicates that she is eligible to participate in the program. That investigation showed that Mrs Jayson has no criminal record with the state police, no criminal record with the FBI, no criminal record with the Danbury Office of Adult Probation, and that she has not previously participated in the special probationary program.

Mr Shannon told Judge White that while formerly working as a school van driver for the Newtown public schools, Mrs Jayson would transport underage school children to an alternative education program and would buy cigarettes for those children, who were between the ages of 13 and 15. The legal minimum age to obtain cigarettes in Connecticut is 18.

Mr Shannon said Mrs Jayson also provided a bottle of vodka to underage children. Mr Shannon said that while Mrs Jayson acknowledges having obtaining cigarettes for the children, she denies allegations against her concerning the provision of alcohol.

Mr Shannon said the state does not object to Mrs Jayson participating in the accelerated rehabilitation program, but urged that Judge White to impose a lengthy probationary period.

Attorney Raymond Lubus, representing Mrs Jayson, said the allegations against Mrs Jayson involving the procurement of cigarettes pertained to acts on school grounds, while the allegations concerning alcohol concerned activities at her home.

Mr Lubus said Mrs Jayson has four children, three of whom are minors and still live at home, adding that Mrs Jayson has been married for 13 years.

Following the school system’s investigation into allegations against Mrs Jayson, she resigned her post as a school van driver, Mr Lubus said. Mrs Jayson currently works alone as a gardener for a private individual, the lawyer said.

Mr Lubus told Judge White, “This [case] had a dramatic effect on her life…She was quite well known…This was quite out of her character.” Mr Lubus presented the judge with two letters of recommendation attesting to Mrs Jayson’s character. The lawyer said that he met with one of the four victims in the case, pointing out that the victim favored allowing Ms Jayson to participate in the special probationary program. Mr Lubus said Mrs Jayson would submit to psychological counseling, if it is deemed necessary.

 Judge White said, “My inclination is to deny the [probation] application. This is a very serious matter…This is outrageous.”

The judge added, though, that because the prosecutor does not object to Mrs Jayson’s participation in the probationary program, he would approve her application. Judge White then entered a finding that it is unlikely that Mrs Jayson would be an offender during the probationary period.

Judge White set the term of the probation at two years, which is the maximum term of accelerated rehabilitation. If Mrs Jayson stays out of trouble with the law for those two years and also meets the judge’s specific conditions of probation, she could then seek to have the charges dismissed.

During that probationary period, Judge White ordered Mrs Jayson not to work at a job involving contact with children. The judge ordered her not to drive a school bus, adding that she not be involved with the educational system. Judge White ordered that Mrs Jayson perform 50 hours of community service. The judge ordered that a psychological evaluation be performed on Mrs Jayson, and that counseling be provided to her, if it is deemed necessary.

The judge continued the criminal case to July 2, 2004, at which time Mrs Jayson would appear in court to seek to have the charges against her dismissed, if she has successfully completed the special probation.

In a brief, quiet statement to Judge White, Mrs Jayson, said she realizes that her actions were inappropriate, adding that such actions would never occur again.

Following her hearing, Mrs Jayson and Mr Lubus discussed the case with the state’s attorney’s staff and with the Office of Adult Probation.

Mrs Jayson declined to answer a reporter’s questions about the case.

Mr Lubus, speaking on her behalf, said Mrs Jayson is very pleased that she will be able to put the court case behind her. Mrs Jayson does not plan to return to driving a school bus in the future, he said.

Mr Lubus said that Mrs Jayson acknowledges that the allegations against her involving the procurement of cigarettes for children are somewhat credible, but added that she does not acknowledge a similar level of credibility to the claims about alcohol procurement.

“She’s extremely pleased she’s been given this opportunity to participate in the [probationary] program,” Mr Lubus said. Mrs Jayson has experienced much stress since her arrest on the charges, Mr Lubus said.

According to the arrest warrant against Mrs Jayson, on March 11 school officials notified Newtown police that Mrs Jayson had allegedly purchased alcohol and cigarettes for underage youths. The warrant details a situation in which Mrs Jayson allegedly provided a quart bottle of vodka to four youths, ages 13 through 15, at her home in February.

The warrant also describes incidents in which Mrs Jayson allegedly provided cigarettes to underage youths on the high school grounds, as well as at a gas station in Danbury while transporting the youths out-of-town.

The school system hired Mrs Jayson in October 2000 to drive a publicly owned school van. School officials have said they had checked Mrs Jayson’s references and conducted standard criminal record checks before hiring her.