I am not an attorney but, there are two things I see wrong with this.
1) Don was already sentenced for this and was placed on probation, fined, and ordered to attend and complete drug counseling. He complied and his probation was successfully completed. To charge Don again violated the laws of Double Jeopardy. He can not legally be charged for the same crime twice.

2) In addition, this offense occurred 37 years ago and the Statue of Limitations has more than likely expired.

This is just someone's idea of a vicious, nasty rehash of a 37 year-old story.