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Author
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Topic: Snoopy Dancing Tonite!!!
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Cdog911
"There are some ideas so absurd only an intellectual could believe them."--George Orwell.
Member # 7
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posted May 12, 2012 05:40 PM
Got some great news today! As you might recall, I recounted an issue where my beloved sweetie pie, Lisa, was arrested and thrown into the hoosegow (sp?) in January on trumped up charges. Well, court has been continued numerous times for various reasons and I was hoping that there would be enough delays that I could get the letter I got today in time to make a difference.
To review, the Po-po arrested Lisa charging her with forgery and attempted prescription fraud. They had little to no evidence to go on which is understandable since there's no way she could have done it. In fact, what little evidence they actually have actually supports her denial more so than it does their charges.
Anyway, I digress. During the first two months after she was arrested, I was extremely bothered by what I saw were ethical and medicolegal issues committed by the doctors that cared for her and during that time filed numerous formal complaints with various state and federal regulatory agencies. The one I needed a ruling on most of all was an investigation of the PA who accuses Lisa of her charges who gave the cops information which we felt was in violation of her right to privacy under federal law and which was the basis for their probable cause in arresting her as outlined in the affidavit for arrest they filed after they arrested her and booked her into their county jail.
Long story less long,.... the US Dept. of Health and Human Services Office for Civil Rights conducted a formal investigation and we were notified today that they have determined that the PA impermissibly disclosed confidential and protected medical information to the investigating officer in violation of the federal HIIPA law.
What's this mean? Even my lawyer got excited when I told him that I had filed this complaint. I'll let Nick and Rich take a shot at the significance of this ruling in the big scheme of things.
Either way, I'm Snoopy dancing tonight because we finally feel like we're not at the mercy of assholes. ![[Big Grin]](biggrin.gif)
[ May 12, 2012, 05:41 PM: Message edited by: Cdog911 ]
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I am only one. But still, I am one. I cannot do everything, but still, I can do something; and, because I cannot do everything, I will not refuse to do something that I can do.
Posts: 5440 | From: The gun-lovin', gun-friendly wild, wild west | Registered: Jan 2003
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Leonard
HMFIC
Member # 2
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posted May 12, 2012 06:29 PM
Congratulations, Lance! Did Lisa get a jailhouse tat to commemorate her free room and board?
Seriously though. Is this arrest something that will follow her the rest of her life? That's something that can't be erased, so far as I know? No amount of compensatory damages can rid an innocent human being of the degradation of being arrested and locked in a cell, even if it was for hours. I have never suffered that indignity and hopefully, never will but the idea that the stigma follows you forever is particularly galling, to me.
Good hunting. LB
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 32372 | From: Upland, CA | Registered: Jan 2003
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Kokopelli
SENIOR DISCOUNT & Dispenser of Sage Advice
Member # 633
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posted May 12, 2012 08:26 PM
Good deal!!!!!.............although the mental image of you Snoopy Dancing will likely scar me deeply.
Posts: 8237 | From: Under a wandering star | Registered: Apr 2005
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Cdog911
"There are some ideas so absurd only an intellectual could believe them."--George Orwell.
Member # 7
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posted May 12, 2012 10:05 PM
Leonard,
I have attorneys working on that right now. Once the dust settles a bit, I can assure you that this will not go away for them. And no, she didn't get any ink. lol
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I am only one. But still, I am one. I cannot do everything, but still, I can do something; and, because I cannot do everything, I will not refuse to do something that I can do.
Posts: 5440 | From: The gun-lovin', gun-friendly wild, wild west | Registered: Jan 2003
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4949shooter
SECOND PLACE HIGGINS (MAGNUM P.I.) LOOK A LIKE CONTEST
Member # 3530
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posted May 13, 2012 02:33 AM
It sounds like the charges should be dropped. Though, I say this without the benefit of reading the affidavit of probable cause. This is obviously a huge positive development for Mrs. Cdog.
Lance, how did this whole thing come about if you don't mind me asking?
Posts: 2274 | From: New Jersey | Registered: Dec 2009
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Paul Melching
Radical Operator Forum "You won't get past the front gate"
Member # 885
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posted May 13, 2012 04:25 AM
GREAT NEWS !
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Those who value security over liberty soon will have neither !
Posts: 4188 | From: The forest ! north of the dez. | Registered: Jul 2006
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Aznative
FARTS ON CLUELESS LIBERALS
Member # 506
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posted May 13, 2012 05:40 AM
Cdog911: Glad to hear this is behind you. Questions: Do you think I could get in trouble with all of the PDE5 inhibitor prescriptions I have?
Also, are you going take the 911 out of your name since this little mishap with the police?
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Never thought the devil would need a teleprompter but I could be wrong.
United State of America: RIP
Born July 4th 1776 died November 6th 2012
Posts: 1937 | From: Phoenix Az | Registered: Jan 2005
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Cdog911
"There are some ideas so absurd only an intellectual could believe them."--George Orwell.
Member # 7
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posted May 13, 2012 08:59 AM
Nick, I can't really say at this point because of details surrounding the case itself. Let's just say that it very much appears that the PA treating her had it in his mind that she was shopping for drugs when she was, in fact, following our regular doctors orders to the letter. His statement is full of inaccuracies and contradictions while the evidence they rec'd from the pharamacy staff is identical to what Lisa stated in her interview with our attorneys. The Salina PD has a very bad history of ramming and jamming cases through the system without doing a complete investigation. In this case, they arrested her on nothing more than the word of the PA and dr. Period.
No, I won't be removing the 911, and believe me, this is far from over. My lawyer has been subpoenaing documents, records and doctors to testify as our witnesses for two weeks now. Those same drs have been subjected to interviews by both state and federal investigators stemming from five different formal complaints I have filed ranging from the above HIIPA violations to reckless endangerment, battery of a patient, and patient abandonment.
There have been very, very serious violations committed here, and forgery/ fraud were not any of them. We are well down the road to turning this around on them and if/ when the judge dismisses her charges, the City of Salina will then become the focus of further civil action on our part.
What is really sad is that the Salina PD is the main beneficiary of the I-70/ I-35 Drug Task Force, one of the most effective in the country, and all this officer had to do was refer this alleged drug case to them for investigation of, at the very least, review. They didn't. This buck rookie officer John Wayned himself into a corner and affected an arrest without probable cause and no warrant. Bad things happen when you outrun your common sense and training.
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I am only one. But still, I am one. I cannot do everything, but still, I can do something; and, because I cannot do everything, I will not refuse to do something that I can do.
Posts: 5440 | From: The gun-lovin', gun-friendly wild, wild west | Registered: Jan 2003
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Leonard
HMFIC
Member # 2
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posted May 13, 2012 09:08 AM
But, what caused this to happen? Is anybody subject to knee jerk reaction just by submitting a RX form? I don't see how this could escalate to an arrest, what did she do or didn't do? Who's mistake?
Good hunting. LB
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 32372 | From: Upland, CA | Registered: Jan 2003
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4949shooter
SECOND PLACE HIGGINS (MAGNUM P.I.) LOOK A LIKE CONTEST
Member # 3530
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posted May 13, 2012 09:23 AM
Leonard, that's what I was wondering myself. Lance says he can't talk about it so as not to compromise the case, which is understandable. I am usually on the prosecution side of things, so I didn't think it could hurt asking from the perspective of the defense. But I can see where Lance is coming from. Besides, his attorney probably advised him to stay mute on the facts of the case.
Posts: 2274 | From: New Jersey | Registered: Dec 2009
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Leonard
HMFIC
Member # 2
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posted May 13, 2012 09:32 AM
Yeah, I understand that but it's not satisfying my curiosity.
I can't help but think about jury duty and how material facts are omitted and we are supposed to reach a verdict based on bullshit. Actual true facts are too sensitive to be entered into testimony. Sometimes, you have to wonder?
Good hunting. LB
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 32372 | From: Upland, CA | Registered: Jan 2003
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Cdog911
"There are some ideas so absurd only an intellectual could believe them."--George Orwell.
Member # 7
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posted May 13, 2012 09:59 AM
Leonard,
This arrest was based soley on probable cause rather than a warrant arrest. Probable cause is established when a crime has been committed, in the process of being committed or likely to be committed.
In a case like this, it is reasonable for the officer to take the report, conduct interviews of witnesses that are available then turn his information over to an investigator who will then conduct further interviews and collect all available evidence. All of this is then provided to the County Attorney who then reviews all of it and determines if there is sufficient evidence to support prosecution. If so, a warrant is pursued and issued and a warrant arrest is made.
From the get-go, the officers were given Lisa's name, our home address and everything they needed to find us whenever they wanted to. She is not, nor has she ever been a flight risk. The so-called crime had already occurred and neither she, nor any of the so-called evidence were at risk of being lost.
The reporting party made the report which basically amounted to the fact that the carbonless copy of a rx form retained by the provider did not agree with the copy given to the pharmacy. With no evidence to support a charge that Lisa altered the script - no handwriting to compare it with, no video of her writing on it, no comment or remark on her part to indicate that she was even aware that the anomaly was there - they decided to use information that was given to them by the PA to go to the specialist's office and arrest her.
Had this been handled properly, they would have done thier initial interviews, filed their reports and it would have been handed to the DTF who then would have interviewed everyone involved and filed a motion seeking a handwriting exemplar from Lisa. If the outcome of that analysis was sufficient enough in their favor, the county attorney would have sought a warrant for her which would have been sent to our Sheriff's Office and served.
It's frankly a matter of presumed innocence or presumed guilt. If you investigate this from the standpoint that she is presumed innocent until you have a lock that incontravertibly shows that she did this, you act on it. If you operate from the get-go that she did it, you act prematurely and violate her rights. When someone's freedom and rights are on the line, it behooves you to move deliberately and with great care.
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I am only one. But still, I am one. I cannot do everything, but still, I can do something; and, because I cannot do everything, I will not refuse to do something that I can do.
Posts: 5440 | From: The gun-lovin', gun-friendly wild, wild west | Registered: Jan 2003
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Leonard
HMFIC
Member # 2
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posted May 13, 2012 10:11 AM
The drug, is it a controlled substance, a discrepancy in the quantity, like 50 pills instead of 15? These are the type of facts that can't be whispered outside of a courtroom? Yuk!
Good hunting. LB
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 32372 | From: Upland, CA | Registered: Jan 2003
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TA17Rem
Hello, I'm the legendary Tim Anderson, Southern Minneesota Know it all
Member # 794
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posted May 13, 2012 10:24 AM
Ok her rights may have been violated. The question is: Did she break any laws to start with????
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What if I told you, the left wing and right wing both belong to same bird!
Posts: 5625 | From: S.D. | Registered: Jan 2006
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Cdog911
"There are some ideas so absurd only an intellectual could believe them."--George Orwell.
Member # 7
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posted May 13, 2012 05:35 PM
Tim,
Yours is an important question.
Without disclosing any details of the case, No... she did not. Had they pursued the investigation properly, it's pretty much the concensus of everyone I know who knows all the details - including a number of local LEO's - that the officer here royally screwed up and that a proper investigation would have prevented them making an arrest before knowing if a law was broken and who borke it.
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I am only one. But still, I am one. I cannot do everything, but still, I can do something; and, because I cannot do everything, I will not refuse to do something that I can do.
Posts: 5440 | From: The gun-lovin', gun-friendly wild, wild west | Registered: Jan 2003
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