BENTONVILLE — The parents of five girls killed in a March 2008 house fire are in separate facilities undergoing drug treatment.

Jamie Frazier, 34, and Karry Mahmens, 28, were supposed to appear in court Thursday morning for an evidentiary hearing in their probationviolation case. They weren’t in court, but attorney Tim Snively said he was told they are in drug-rehabilitation facilities.

According to Snively, Frazier is at Harbor House in Fort Smith, while Mahmens is a patient at Ozark Guidance in Springdale.

They pleaded guilty in November 2008 to misdemeanor possession of a controlled or counterfeit substance and to possession of drug paraphernalia.

The couple’s daughters - Kristan Frazier, 13; Kimberly Frazier, 11; Katelyn Mahmens, 9; Kaila Frazier, 8; and Kiya Frazier, 5 - were killed in a fire at 402 S.W. “B” St. in Bentonville.

After the fire, police searched the home, where they found drug paraphernalia as well as a small amount of marijuana. Several hours after the fire, Frazier and Mahmenstested positive for drug use. Police also suspected Frazier and Mahmens were intoxicated, according to court documents.

Snively wanted Circuit Judge David Clinger to reschedule the couple’s evidentiary hearing. Because of patient confidentiality, Snively couldn’t obtain confi rmation Frazier and Mahmens are patients at the facilities.

Deputy Prosecutor Leah Budd asked Clinger to issue arrest warrants for Mahmens and Frazier for failure to appear since there were witnesses present to testify at the hearing.

However, Snively asked Clinger not to issue the warrants and took responsibility for not making the court and prosecutor aware of his clients’ whereabouts.

Clinger decided against issuing warrants, and scheduled a hearing for 1:30 p.m. Nov. 25. Clinger warned Snively arrest warrants will be issued if Mahmens and Frazier are not present Nov. 25.

Mahmens and Frazier previously entered not-true pleas to violating probation.

According to court documents, Frazier has failed to make payments on his courtordered obligations and is $260 in arrears. He is also$175 in arrears on supervision fees. Court documents claim Mahmens is accused of being $280 in arrears on courtordered payments and $125 in arrears on supervision fees.

Frazier tested positive for marijuana Nov. 26, 2008, and Sept. 22 of this year, according to court documents.

Mahmens also tested positive for marijuana. According to court documents, she tested positive Nov. 13, 2008, Dec. 1, 2008, and March 19, March 26, April 21 and Sept. 22 of this year.

Frazier and Mahmens are also accused of violating their probation because each was discharged from a courtordered drug-treatment group Sept. 24 for failure to attend group meetings on a weekly basis, according to court documents.

The misdemeanor pleas in 2008 required Frazier and Mahmens to be sentenced to state-supervised probation and screenings at Ozark Guidance for substance abuse and to pay $2,340 in court-associated costs.

Mahmens and Frazier can be sentenced to up to a year in jail if the judge fi nds they violated the terms of their probation.

They were released from the Benton County Jail after posting $1,000 bond.

None, Pages 3 on 11/06/2009

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