Drug use was a central issue at the bail hearing because the grand jury's indictment accuses Nicholas of a so-called Title 21 narcotics violation under which he is presumed to be a danger to the community and must demonstrate otherwise to be granted bail.
At the bail hearing before U.S. Magistrate Judge Arthur Nakazato, Nicholas attorney Greg Craig described the drug use shown on the video as a single "recreational" use by Nicholas in Las Vegas in July 2007, in between otherwise successful attempts to abstain from drugs and alcohol.
Nakazato ruled that random drug tests and an "electronic leash" could ensure that Nicholas would not violate the terms of his probation, which included home detention at a $63,000-a-month drug treatment facility in Malibu.
Nicholas was released late Thursday on $3.4-million bond, including $2 million in home equity posted by his mother and $150,000 put up by one of his former professors at UCLA, Nicolaos G. Alexopoulos, who is now dean of the engineering school at UC Irvine.
Nicholas has donated large sums to the UCI academy, the Henry Samueli School of Engineering, named for Broadcom's co-founder, who donated $20 million to the UCI engineering program. Samueli was listed in Wednesday's options backdating indictment as an unindicted co-conspirator.
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scott.reckard@latimes.com
