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Author
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Topic: The Trial of the Century
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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 December 12, 2012 08:50 PM
Be forewarned. This is long. But then again, it pretty much defined our lives here for almost a year.
Tim’s remark yesterday reminded me that I’d never shared with you guys the details of my wife’s arrest and subsequent conviction for something she didn’t do, so I thought I would take a few moments to share with you all the grisly details. Spoiler alert: She was found guilty, but when the dust settled we had neither lost, nor won anything. Sorta.
The story began over a year ago in late October. Lis was fine at dinner but by 10 o’clock, but by bedtime at 10, she was in unbearable pain in her left side, front just beneath her ribs. We ended up in the ER where tests showed nothing and were told to get with our doctor the next day which we did.
Over the next two months, Lisa underwent a litany of tests but nothing pointed to what was causing her pain. The sliver lining in everything was that the tests had ruled out anything that would have killed her, but that’s little comfort when you’re in constant pain.
In mid-October of ‘12, Lisa had undergone an MRI of her abdomen and we went to the doctor’s to get the skinny on what it showed. They were concerned about a shadow over her bladder and thought we’d better have it looked at so she was referred to a urologist and told by our doctor that because they didn’t know what the cause of her pain was, if it should suddenly worsen, get to the ER or StatCare, a minor emergency clinic in the same town.
Two nights later, while at work, the pain became unbearable and she called me to tell me she was headed to StatCare. After being seen there, she called and said she was headed to the pharmacy and would be home as soon as her scripts were filled. She later called and siad she was headed home, then she then told me something “weird” had happened - that the girl at the counter had told her they weren’t filling the lortab prescription because there was a problem with it. When she asked “what lortab prescription?” The girl told her “the one the doctor says he didn’t write.”
Two days later, I went with her to the urologist’s appointment. She was initially scheduled to be there at 10:30 am, but they called the day before and asked us to be there a half-hour earlier to fill out “first visit paperwork”..
Now, bear with me. This may and likely will get long, but there is an important lesson for each and every one of you in what happened to us.
We’d only been sitting and waiting for the dr to return from surgery when Lisa asked me what time it was. I looked at my watch and recalled later that it was 10:32 when two officers from the Salina (KS) Police Department walked in, looked at my wife and asked her if she was Lisa Homman. She replied that she was and they asked her to step into the hallway. When I began to rise, they ordered me to remain seated. Red flag.
I watched as they showed her a sheet of paper and could tell that she was getting upset. After a few minutes, the older of the two cops walked in and advised me he was going to bring me up to speed. He began by stating that they had evidence to arrest my wife for forgery and attempted prescription fraud. I just smiled and told him she didn’t do it, to which he invited me to explain why I was so confident about that.
I said, “Sure, what’s her name?”
He looked at his notepad and said, “Lisa”. To which I replied, “Last name?”
He stared blankly at his pad for a few moments before I said, “Let me help you. Homman, as in Brad Homman.” His face lit up and he actually smiled as he said, “Yeah, Brad. I know him!”
I replied, “Yeah, I do, too. Known him for 46 years. He’s my brother. That’s his sister-in-law out there you’re accusing of drug crimes. Are you sure you wanna do that?”
A little bit of back story. My brother spent over twenty years in drug enforcement, founded one of the most effective drug task forces in the Midwest, and actually trained this dilrod when he was assigned to the Drug Task Force for a year.
Long story less long, they let Lisa be seen by the dr., and opted to let me take her to the PD so she could turn herself in after her appointment because of “who I am and who I’m related to.” That is about as far as any sort of consideration went.
Lisa reported to the PD after we went to our lawyer’s office at 11:45. They did not allow her to bond out until 6:15 that evening. They were aware that she was in severe pain because her condition was documented on her intake form, but they twice refused to allow me to bring her the prescription medications she had been ordered to take by our doctor. And no, they did not know what hjer medical problem was. It could have been cardiac or something equally as severe, for all they knew. It did not matter.
On two occasions during the day, she was forced to stand in a small 6X6 foot room with five other women, half of whom were drunk and disruptive, as a means of compelling the drunks to behave. For me, this was eye opening. She had been arrested. She had not entered a plea, nor had she been found guilty of anything yet. So, why was she being collectively punished with these other women for the actions of a few? Good question, huh?
Three days later, she was arraigned on the charge of prescription fraud. The forgery had been dropped. She pled “Not Guilty”.
Following the discovery phase of the so-called investigation, it was found in the PD report and affidavit for arrest that the officers had been called to StatCare after the pharmacy had called them to clarify an error on the part of the Physician’s Assistant that cared for her.Originally, the lortab prescription wasn’t in question. The concern was about another drug on the script which Lisa knew she’d been prescribed. Only when the pharmacist read the entire script back to the PA did he state that he did not write the lortab entry. When the PA told his supervising physician - a man we’d had a run in just weeks before over a problem in the way he treated our daughter during an office visit - the Dr. Called the police and turned Lisa in.
The officer’s took their report, made a copy of the script and came to the dr’s office because the PA told them that Lisa was there two night prior “Complaining of back pain and looking for drugs”, and that she had a dr’s appointment with dr so-and-so at 10:30 that day.
At the dr’s appointment, when talking to Lisa in the hall, they asked her the following questions (her replies): Were you at StatCare Tuesday night (Yes). Did you then go to Walgreens? (Yes) Do you recognize this? [showing her the script] (I guess that’s my prescription) You guess it is? You mean you haven’t seen this before? (No, I didn’t look at it. It was dark and I just put it in my purse.) So this isn’t your handwriting on here? (No. It isn’t. I have no idea how that got on there if it isn’t the dr’s.)
This was the sum total of their probable cause for her arrest. She went to the clinic. She then went to a pharmacy. And the PA and Dr say that the writing for the lortab is not theirs and it must be her’s.
The trial was continued and continued multiple times. Under our attorney’s advice, we sat patiently by for months fully expecting Lisa to be subpoenaed for her handwriting sample. She never was. It was debated whether we should volunteer it and we declined not to thinking that would be an issue in our favor in court. Our mistake.
Since it pretty much looked like this was a slam dunk, we began talking with our lawyer about what we should do after Lisa was acquitted because there are obvious issues about probable cause, and no handwriting analysis or evidence to prove that Lisa did anything. The discussion turned to shoddy police work, unlawful arrest, and liability exposure by the police department.
Admitted, I was furious and I made it painfully clear to the entire world that the trial would not be the end of things. In fact, I went out of my way top make sure I shared my feelings with people I knew had personal connections with members of the SPD so that they knew that hell was coming and I was coming with it.
On top of the charges, my own family - my brother, sister and their spouses, literally abandoned us, actively refusing to support my wife in any way. They never asked for the truth about what happened. They simply betrayed us completely to the extent that my own sister and my brother’s wife began publicly impugning us both around town and on places like Facebook. It got so bad at one point that my partner Kevin cornered my sister-in-law during a local bowling tournament and in a room full of mutual friends told her that she would “shut her fucking mouth or he was gonna shut it for her”. She complied.
As we endured continuation after continuation, our attorney gave me the green light to share the PD report with friends of mine in law enforcement as long as they did not live in Salina or Saline County (prospective jurors) and I sent said copies to Joe Bradshw in Arkansas, a retired Arkansas State Trooper, a local friend with 22 years on the force before retiring, and HM’s own Nick with the New Jersey State Police with the simple request of, “Based upon what you read here, is there evidence enough against my wife to support her arrest?” and if not, what would they have done. Nick quickly contacted me back and asked me if I would mind having a handwriting guy in his department analyze the copy of the prescription, to which I said ye.
All three of these career LEO’s replied back that, in their considered opinion, the evidence provided failed to establish probable cause for an arrest at that time and that they would have requested Lisa come to the PD to be sworn in and undergo a consensual interview to collect more information so as to better establish guilt or innocence.
Nick contacted me back and told me that his guy had determined that Lisa’s name and all three medications on the script sheet were written by the same hand (including the Lortab). The other writing on the script (our address, Lisa’s DOB and the dr’s DEA number) were written by someone else. The analyst did not know that the PD report confirmed that Lisa’s name and two of the meds were already attributed to the PA, the addy, dob and DEA number were put there by the girl at the pharmacy, and the only entry in question was the lortab line which was, once again, determined to have been written by the PA. Sadly, this guy’s opinion and a buck will get you a cup of coffee in Kansas so it wasn’t admissible and our lawyer still didn’t feel it was necessary, given our newfound confidence, to pay for an analysis in Kansas.
We finally got a trial date for November 1. Our lawyer felt good about our prospects. The guy they had prosecuting us “garnered no respect in his own office.” Our attorney is one of the most respected criminal trial lawyers in Kansas - far from a hack. He defends people charged with capital murder - he’s supposedly that good.
We get to trial day and I’m sequestered in the hallway because I’ll be called as a witness for the defense. At first recess, our lawyer tells me he’s dazzling my wife with his “fancy lawyerin’ skills”. I’m hopeful in his confidence. And I’m the last witness to be called.
I give my testimony about our phone conversation that night. In cross examination, the prosecutor asks me how often Lisa had sought to get lortab from our doctor, top which I replied
“None. In fact, our dr at the time felt this was irritable bowel syndrome and, if right, lortab would only make things worse. She never asked for it.” And they didn’t have anything to prove that she did because it simply had never happened.
We took a recess and upon return, closing arguments were heard.
Now, in case you’ve never been witness to a real criminal trial, there are no objections posted in closing arguments. Either attorney can say whatever outrageous bullshit they want and all the other can do is sit there until it’s his turn to speak. The prosecutor goes first and has the option of dividing his closing argument, whereas the defense counsel does not.
The prosecutor gets up and spends fifteen of the allotted 20 minutes given reviewing the evidence and statements given, which at the time, sure sounded pretty thin. Our attorney gets up, and rebuts everything the prosecutor said. The prosecution, with 5 minutes of his divided statement left, then gets up and instructs the jury to use their common sense. “We established that the defendant was alone when she left StatCare with the script. She stated that she was alone the entire trip to Walgreens and that she was with no one else right up to the time she handed the script to the pharmacy tech. Therefore, who else could have done it. Now, I have no proof that she did anything wrong. There’s no way that I can prove that Ms. Homman wrote anything on the script. But, you need to understand that she has given us no evidence to prove that she didn’t do it, either.”
Can any of you see the significance of that final sentence? Allow me to clue you in. This information comes from a gentleman on my mail route who moved here two years ago and bought one of the big ol’ mansions in town for him and his family. He spent over thirty years practicing law in California, 20 of which were spent as a professor of law.
Our criminal justice system places the burden of proof entirely upon the state. The accused has no obligation to provide evidence of their innocense because, quite frankly, it’s impossible to do. No matter how heinous the crime may be for which you are accused, unless you have someone to verify your whereabouts at the time the crime supposedly occurred, your only defense is, “I did not do it.”
Think about this.... in the past day or so, has there been a period of time in which you were completely alone? Thinking about that time, make a list of all the things you did NOT do. That list will be infinitely long, from not picking your nose to not plotting to overthrow the government. Now, pick any one of those things you did NOT do and prove to me that you did NOT do it.
Hmmmm.
It is logically impossible to prove a negative, and in his closing argument, the prosecutor specifically instructed the jury to consider the FACT that Lisa failed to prove a negative - that she did not alter that script. In legalize, this is called “Improper shifting of burden of proof onto the Defense” and is one of the few reasons for which a judge will overturn a verdict. And again, all our attorney could do was sit there shitting nails because the trial was closed for deliberation.
The jury did not catch this little twist in the Constutionality of things so they deliberated and came back with a guilty verdict, convicting Lisa of “Knowingly distributing a written instrument known to have been altered”. Most people don’t even know this is a law.
Our lawyer made a motion to acquit based upon the fact that the state had failed to provide evidence to demonstrate that Lisa had committed any crime, and it was defeated, but the judge gave us two weeks to draft further motions before sentencing.
On November 19, we returned to court and filed three motions, two of which were based upon the improper shifting..., and the fact that the state had failed to demonstrate that Lisa knew the lortab entry had been altered. All three were dismissed by the Judge.
Now, here’s where things got weird as hell. The judge sentences my wife to six months in jail, suspended, ninety days of unsupervised probation, and $160 in court costs, then tells her that when we pay the court costs, all the other stuff will “go away”.
What the fuck?
Here’s what I think happened.
The PD knew the arrest was bullshit. The County Attorney knew the arrest was bullshit. They also knew that I knew the arrest was bullshit and that the first chance I got, I was coming after heads and badges. We’re talking major embarrassment for a department that twenty years ago made national news for use of excessive force. The last thing they wanted to see was us to get a foothold with one boot in their ass for an unlawful arrest which is exactly what would have happened had they nicely just dismissed everything. News of Lisa’s arrest was in newspapers and on the radio all over eastern Kansas for two days. God only knows why. I got calls from near Kansas City from people asking me what was going on. They screwed up and it got out of hand before they could corral it. The County Attorney pushed this much lesser charge and, IMO, told the lacky that prosecuted it to do anything he needed to do to get a guilty verdict because, no matter how minoir the charge, a guilty verdict block us being able to sue them for unlawful arrest. IMO, the Judge saw this and upheld the verdict by hitting us with such a paltry fine that would make it all “go away” that we would be fools to incur the costs of appealing as a way of making us reconsider any further action against the local system.
Fact is, Lisa didn’t do this. The handwriting was obviously the PA’s. His testimony showed that he was obviously pissed for being dragged into court. Because of the two statement I related to you, he was found guilty of violating federal HIPAA laws in response to a complaint I filed with the US Dept. Of Health And Human Services. Just to sweeten the pot and to piss them off, a filed a blizzard of complaints with the state Board of Healing Arts. All but one have been concluded and all have been found to be unfounded, but my intent was to piss the off by bringing their professional conduct to question, which I did. That really irritates those egotistical bastards. LOL
My wife’s name was severely slandered. The story of her arrest is still archived on the web and anyone with whom she seeks employment will find that from now on. The truth doesn’t matter. Just the truth as the government tells it.
Lessons for you.
1) Never accept a script with more than one prescription written on it. If your doctor is prescribing you more than one medicine, demand that it be printed by computer and NOT handwritten, and that you prefer one script for each medicine.
2) Always examine any prescription you hand to the pharmacy so you can testify on your own behalf as to what was and what was NOT on there when you turn it over to them. We believe that if the PA didn’t write it, someone at the pharmacy did, scamming drugs. But, we can’t prove it.
3) According to my professor friend, the officers did, in his opinion, have probable cause. The only reason that my 3 sources did not feel so is because they, either personally or departmentally,
base their decision upon a higher self-imposed standard. In other words, law enforcement needs very little to come walking through your door and change your life forever. You may very well be put into the position of proving to a jury of your peers that you did not do something illegal. When you figure out how to do that, let us know.
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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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TA17Rem
Hello, I'm the legendary Tim Anderson, Southern Minneesota Know it all
Member # 794
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posted December 12, 2012 09:38 PM
Wow! Reading that about wore me out..
Don't know if I missed it but why was'nt the hand writing checked by a hand-writing expert??
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What if I told you, the left wing and right wing both belong to same bird!
Posts: 5613 | From: S.D. | Registered: Jan 2006
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Aznative
FARTS ON CLUELESS LIBERALS
Member # 506
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posted December 13, 2012 07:26 AM
"Now, I have no proof that she did anything wrong. There’s no way that I can prove that Ms. Homman wrote anything on the script. But, you need to understand that she has given us no evidence to prove that she didn’t do it, either.”
I would never convict anyone if the prosecutor ever said anything like this. Apparently the dumbass jurors never heard "Innocent until proven Guilty" and "beyond a reasonable doubt".
All of my doctors give computer printouts. If I'm ever given a script for a narcotic except a cough syrup, I will ask for them to call it in. That way they are responsible.
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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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Krustyklimber
prefers the bunny hugger pronunciation: ky o tee
Member # 72
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posted December 13, 2012 08:22 AM
Lance,
Firstly, this could use a bit of editing. ![[Wink]](wink.gif)
Secondly, just because Tim read it doesn't mean he can comprehend it, as evidenced by the fact that he missed the point... again. ![[Big Grin]](biggrin.gif)
Thirdly, your lawyer dropped the ball. I cannot believe that he would have neglected to have the handwriting of all parties involved (*up to and including the staff present at the pharmacy, the day in question.
In court nothing is ever "in the bag" and you cross every "t" and dot every "i" ... this was Lisa's proof that she DID NOT alter said prescription.
Lastly I cannot believe the Judge didn't admonish the jury with a reminder of "burden of proof" and who that responsibility lie upon.
I'd appeal this case as far as I needed to.
I can only imagine the stress this placed on you and your family, and offer my sympathy.
I know I was pretty torn up over the trouble the overzealous Warden that jacked me up for the otters I caught (on valid beaver permits) threatened to bring my way (*54 years in Federal prison, and over $100,000 in fines).
Krusty
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Think about how stupid the average person is, then realize that half of them are stupider than that!
Posts: 1912 | From: Deep in the Blue Ridge Mountains of Virginia | Registered: Jan 2003
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honestjohn
Knows what it's all about
Member # 2651
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posted December 13, 2012 08:53 AM
Cdog911,what about her pain?Is she ok?Tell us about her medical condition.
Posts: 14 | From: Waco, TX | Registered: May 2008
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DiYi
Wears wife's pink panties under his camo for good luck. (yeah, right!)
Member # 3785
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posted December 13, 2012 10:11 AM
Sad damn deal.
As aznative said,this is reversible error;
"Now, I have no proof that she did anything wrong. There’s no way that I can prove that Ms. Homman wrote anything on the script. But, you need to understand that she has given us no evidence to prove that she didn’t do it, either.”
The prosecutor cannot comment directly or indirectly on the defendants failure to testify or produce evidence.
Posts: 623 | From: SoDak | Registered: Feb 2011
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Leonard
HMFIC
Member # 2
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posted December 13, 2012 11:11 AM
Sounds like malfeasance on the part of everybody involved, including your lawyer.
The prosecutor should be disbarred for saying something like that and at that juncture where the defense can not object.
The Judge may have been jacking off behind the bench and missed that part of the summary.
Then you have twelve knuckleheads and you would think at least one of them would have heard the phrase: "Innocent until proven guilty" at one time or other?
The defense doesn't have to mount a defense, at all. The burden of proof is on the prosecution. It's unfathomable how or why you have all three officers of the court and all of them had their head up their ass.
I know there is money involved in appeal, but if you couldn't win a reversal, I'd kiss your ass, Lance. You and your wife were railroaded, exactly the kind of small town crap where they make their own rules and usually get away with it.
I'm not licensed to practice law in Kansas, but I would do it pro bono for you and win, while not breaking a sweat. Let me know.
Good hunting. Lima Brav 0
edit: do you have a link to her booking photo?
[ December 13, 2012, 11:13 AM: Message edited by: Leonard ]
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 32361 | 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 December 13, 2012 12:04 PM
Believe it or not, Tim raises a valid question. Either side could have sought analysis of Lisa's handwriting; us voluntarily and the state, via subpoena. Our lawyer advised us to sit and wait to see if they came for it. As Leonard points out, the defense is under no obligation to mount a defense because everything falls upon the state. The state did not ask for it, IMO because they knew the handwriting matched the PA's and if they had asked for an analysis, the results would have come back pointing more to the PA then Lisa which, by their asking, would have shot their own case down. A lawyer never asks any question he doesn't already know the answer to. Why didn't I demand it? Part of me wanted to, but experience has taught me that the only two groups more ego-driven than coyotes hunters are doctors and lawyers and, like coyote hunters, neither wants unsolicited advice from a lackey like me.
After the dazzling remark earlier in the day, after I paid the $160 to the clerk of the court, our lawyer shook my hand. I just looked at him and said, "send me the bill". He must have perceived that I wasn't too impressed with his performance because he just smiled weakly and said, "It'll be fair". It's been my experience that I define "fair" differently than attorneys do.
As far as appealing, this has been a major embarrassment and burden for Lisa. Within 48 hours of her arrest, our entire family had been fired by every doctor in Salina. No due process. Just a news story and "you're outta here." It took me three weeks to find a new doctor who didn't base his acceptance or denial on what he hears on the radio. Lisa is doing better after major changes in her diet and finding the right medications to give. Being arrested and the stress it caused certainly didn't help that. Thank you for asking. By the end of that day, she simply asked me to just let it die and go away. As much as I strive to get the last punch in any fight, I'm doing as she asked and those folks can fuck themselves. I'm a patient man and am confident that some day, kharma, with my help, will bite them in the ass.
Leonard, if you wanna see the pic, you can go looking but I'm not going to hurt her by giving it the consideration of passing it on.
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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 December 13, 2012 12:42 PM
You know, I am very casual about prescriptions, hardly read them.
But, I have had Kaiser for the last two years, if anybody has heard of that outfit. They rarely hand you a prescription, they send it down to the pharmacy, which is on the ground floor. You stand in a line and when they say "next" you show your card then wait until your name appears on a message board and then stand in another line.
I get hydrocodone and morphine sulfate for my back and there are no refills, a new prescription has to be filled out every time and it's a complete pain in the ass. But. Maybe it actually protects me from the indignity suffered by Mrs Homman?
But, I don't know what Lortab is? Is it a narcotic, or what? Also, what is PA? Maybe I missed it, but there are numerous references to PA this and PA that?
So, are you just going to forget about it? I think you have five years to file an appeal? Of course, those chicken shit bastards will never erase the arrest from her record. That's the unfair part of our system of justice, an arrest record will follow her to her grave. For that reason alone, I'd sue the bastards, regardless of an appeal.
Good hunting. Lima Bravo
edit: also, why wasn't the DR called as a witness and asked if he prescribed the damned medication or not? to clarify; it seems completely believable and logical that a phone call could have been made and somebody at the other end just wrote it on the Rx pad.
[ December 13, 2012, 01:02 PM: Message edited by: Leonard ]
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EL BEE Knows It All and Done It All.
Don't piss me off!
Posts: 32361 | 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 December 13, 2012 05:06 PM
Lortab is the trade name for hydrocodone, a synthetic derivative of morphine, and acetaminophen. It is legally not a narcotic, but it is a controlled substance.
PA is the acronym for Physician's Assistant. Here in rural Amerika where doctors dont want to get banished to, the shortage of good drs has led to a demand for PA's and CNP's, Certified Nurse Practitioners, both of which can do everything a dr can do but under a dr's constant supervision.
The PA was called to testify. Lisa said he was obviously pissed about having to be there because he had made a number of very basic errors in filling out the script and was being publicly forced to answer for them. The main one was in writing the number of pills she was to take for one med. He originally wrote a "1" but then changed that to a "3" by simply writing the "3" over the "1". Now, most ppl would have just torn up the script and started over, but he didn't. First boo boo. The second was that standard protocol is that when you make a written error on any handwritten document of this sort, you strike a single line through the error and initial and date the correction so that when it is projected onto an 8x10 feet screen at the front of a courtroom, everyone knows who made the mistake and it doesn't become a legal issue. It was that error on his part that prompted the pharmacy to call him and when they read the lortab script, he denied writing it. Never mind that the a's, r's and o's were identical between the lortab and both other meds. Never mind that on two of them, he used the letter "q" which in medical terminology means "every, and that his "q" was very distinct and that all the "q"'s, including the one on the lortab line were identical. When confronted with admitting that he had been investigated by the US Dept. of Health and Human Services Office for Civil Rights for "impermissably divulging medically identifiable information" (violating Lisa's medical privacy rights under law) when he told the PD officers that she went there with "back pain seeking medication" when she actually went there with abdominal pain under the order of her physician who actually works for the same practice as this guy, he had the brass to respond that in his opinion, the federal investigators were wrong in their ruling and that he still does not feel that he did anything wrong.
In the original PD report and affidavitt for arrest, the Pharmacy Tech told the PD that Lisa approached the counter, pulled the script from her purse, handed it to her and said that she had two prescriptions to fill. Sher did, in fact, get 2 meds dispensed to her that night. The pharmacy security video shows her doing that but there was no audio. On the stand, the tech testified that when she advised Lisa that she would not be getting the lortab, Lisa told her that she was "just picking it up for a friend". Lisa has no idea even now what the hell that girl is talking about. My wife IS a certified pharmacy tech (at least, she used to be) and knows that such a thing is impermissable so why would she try to pull that kinda crap?
I understand that you guys might get a little riled at this when reading it. Believe me when I say that my blood pressure raises just from writing about it, but, like I said, this pretty much consumed and defined our lives for a year. We've been through every possible emotion already and my wife made it clear that it was over once and for all. If it were up to me, heads would roll, but I let her decide when to stop when it involved her to begin with. It's her call and she's made her decision.
The legal stuff wasn't nearly as devastating as the complete and total abandonment by my own family. They not only refused to support us and her, they willfully chose to speak out AGAINST her in public with nothing more to go on than what was in the paper which was damned little. My niece got married in October and I threw the invite in the trash. No way I was going to subject my family to spend the day in a room surrounded by people who would disrespect her and us in such an egregious manner, and for their own benefit. I've made it clear to them that if they should show up on my property, I would make the decision at that moment in time as to whether I shoot them or just call the police. Either way, they're either going to the hospital, the morgue or jail. You disprespect my wife or my kids, regardless of what they might do, have done or what you think of them, and I'll split your ass to your brainstem and make sure you're shitting your own molars for the next week, and I don't care if we are blood relatives. You stand behind your family, and if you can't do that, you're shit to me.
But,... I'm not bitter.
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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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Cdog911
"There are some ideas so absurd only an intellectual could believe them."--George Orwell.
Member # 7
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posted December 13, 2012 05:14 PM
The prosecutor stated to the jury in closing that "No one else could have written on that script." He was wrong in saying that.
Several years ago, when I was with the SO, I recall my brother telling me of a case right there in Salina where a pharmacy employee was scamming narcotics. A customer would come in with a script upon which 2 or more meds had been handwritten. The customer would give it to the employye and the employee would add a narcotic pain med to it and and the customers address, DOB, and the dr's DEA numner all from previsouly recorded information o the pharmacy system. The employee would then hand the script to the pharmacist who would fill it. The same employee, as a pharmacy technician, would then bag the drugs and put in all the necessary literature and dispense the meds to the customer. Now, the customer never knew anything had been added to their script. The pharmacist hadn't seen it when it first came in so he or she had no reason to be suspicious. Once filled, the pharmacist would then file the script with all the others that had been filled. At the end of the months, pharamacies are required to inventory everything they have on hand and compare it with what should be there. They have X amount on the first of the month. Y are dispensed and Z are received as new shipment. X-Y+Z should agree with the end of the month totals of what's on hand, and it does. The employee has simply been intercepting the scammed meds between the pharmacist filling the script and when the customer gets their meds. It is by no means an original idea and clearly shows that yes, in fact, someone else very well could have altered the script and, IMO, that someone was likely the pharmacy technician, Jennifer Doughty, the same girl that made the erroneous statement that Lisa was there "picking up drugs for a friend". Prety damned convenient for her to lie about that given the possibilities that she may have been the one taking the drugs illegally. And, if she doesn't like me accusing her of that, I expect her to prove to me that she didn't. If that's the standard by whioch Lisa is judged, then that's the standard we use.
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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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Cdog911
"There are some ideas so absurd only an intellectual could believe them."--George Orwell.
Member # 7
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posted December 13, 2012 05:16 PM
Nope. I haven't thought much about this at all.
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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.
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Leonard
HMFIC
Member # 2
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posted December 13, 2012 06:21 PM
Damn, Lance. You seem to have had a run of bad luck and unfortunate events come your way, including the problems with your son. I hope things change for the better and who knows, maybe there is even a possibility of reconciliation with your family; that stuff is always difficult. But, I understand how you feel. And, don't blame you for feeling the way you do.
Good hunting. El Bee
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EL BEE Knows It All and Done It All.
Don't piss me off!
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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 December 13, 2012 07:05 PM
LOL, pretty much the same shit, different year for us. The problems with my boy just continue and he'll pull his head out of his ass sooner or later. As for the rest of it, it is what it is. I'm a firm believer that people can only treat you in the manner you allow them to, and if they're gonna treat us like crap, they just won't be a part of our lives. I consider the whole deal to be biblical. My responsibilities are to my wife and kids, not my siblings or anyone else in the family I left behind when I started one of my own.
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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.
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TA17Rem
Hello, I'm the legendary Tim Anderson, Southern Minneesota Know it all
Member # 794
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posted December 13, 2012 07:33 PM
Dam it Lance you got to open your heart and forgive and forget...
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What if I told you, the left wing and right wing both belong to same bird!
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Kokopelli
SENIOR DISCOUNT & Dispenser of Sage Advice
Member # 633
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posted December 13, 2012 08:32 PM
Forgive; Maybe.........Forget; Never.
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And lo, the Light of the Trump shown upon the Darkness and the Darkness could not comprehend it.
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Leonard
HMFIC
Member # 2
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posted December 13, 2012 08:49 PM
Yeah, listen to Dear Abby, open your heart, forgive and forget.
Tim, somebody got a hold of your password! Better change it, Mox Snel.
Good hunting. El Bee
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EL BEE Knows It All and Done It All.
Don't piss me off!
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TA17Rem
Hello, I'm the legendary Tim Anderson, Southern Minneesota Know it all
Member # 794
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posted December 13, 2012 09:12 PM
Dam!! Not again..
Just a side note but back in the day my great grandmother wanted me to go to school to be a preacher, she even offered to pay for the schooling.. Now you see what can happens if a person hangs around with the wrong crowd...
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What if I told you, the left wing and right wing both belong to same bird!
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4949shooter
SECOND PLACE HIGGINS (MAGNUM P.I.) LOOK A LIKE CONTEST
Member # 3530
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posted December 13, 2012 10:17 PM
I think you pretty much hit the nail on the head with your explanation, Lance.....suspended sentence, probation, and a meager fine to make this whole thing "go away."
Either that, or the judge didn't believe the charge himself so he gave your wife the minimums, which was actually my first thought.
Prayers sent for you and your family.
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TA17Rem
Hello, I'm the legendary Tim Anderson, Southern Minneesota Know it all
Member # 794
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posted December 13, 2012 10:39 PM
quote:
Either that, or the judge didn't believe the charge himself so he gave your wife the minimums, which was actually my first thought.
But does'nt the judge also give minimums if you have a clean record or lesser charge depending on the crime as well and even if you are guilty?
Kinda like the traffic cop that stops you for going 75 MPH in a 55 mph zone. He ends up giveing a ticket for 62-65 mph over. or back in the day when a no seat belt fine was cheaper than a speeding ticket. The cop would ticket you for the lesser of the two..
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What if I told you, the left wing and right wing both belong to same bird!
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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 December 14, 2012 05:52 AM
God forgives. I don't forget.
My final comment on this and then I'm going hunting. Think about this within the cotext of Nick's remarks nd what I've said. We were just notified two days ago that the final charge- the one going in the Court Journal - is "Attemtpting to acquire prescription only drugs".
How did she allegedly attempt to do this, according to the testimony? By adding the lortab to the script. Right?
If that's so, then why didn't they go ahead and try her for forgery for altering the script?n How else did she "attempt" to do this? Because they either didn't have the evidence to do so or they knew the arrest was bogus.
Well, then, if they knew they didn't have the evidence to get her on forgery, how were they able to establish that she tried to get the meds? She had to have a means and they ignored that fact as far as the charges are concerned. You would think that they would go after the Class 8 non-personal felony first (forgery) and use the attemting charge - a misdemeanor - as a bargaining tool to get the defendant to plea.
Just food for thought that further indicates that this outcome was designed to stop us from appealing or suing. Yes, we could sue, but I've already been advised by counsel that it would be very, very costly and the outcome would change little, even if in our favor. The official court record is one thing. That can be expunged. Archived articles on the internet are another and sadly, prospective employers google the web for new recruits every day. Even if we sued and won, we'd never be able to completely santiize this from the web.
[ December 14, 2012, 06:03 AM: 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.
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Leonard
HMFIC
Member # 2
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posted December 14, 2012 09:01 AM
Maybe she should get a nice Tat, like "Born to Raise Hell"?
How large of a town is this? Is your wife likely to meet half of the jurors that convicted her, shopping at the mall? In other words, will she never live this down? As a female, she could change her mind, and we have this large analytical staff on call, should you need us.
I sure hope you learn to cope with those 3:00 A.M. SWAT raids looking for evidence; they never forget, either.
Good hunting. El Bee
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EL BEE Knows It All and Done It All.
Don't piss me off!
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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 December 14, 2012 02:41 PM
We're in Abilene, 8500. Salina is west of us, 48,000. We just go east now to Junction City (40k) or Manhattan (60k). Small by your standards, but big enough for us.
Don't give her any ideas. LOL As far as those midnite raids, I know what the locals carry for that type of work and know for a fact that I'm better outfitted and much more familiar with my gear than they are. I use my AR 4 days a week. I'm guessing they'e probably, maybe shot their AR's 4 times in a year, and I know for a fact that mine is zeroed. 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.
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Leonard
HMFIC
Member # 2
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posted December 14, 2012 03:15 PM
This town of Upland was 33, 000 when we moved here and is at 77,000 now, small by SoCal standards. It's all built up, hard to tell where one city ends and another begins. I'd say you could draw a 100 mile circle around Los Angeles and there is no open space but there could be 100 different cities in that 100 miles? This is why I have to drive at least 75 miles before I can bust a cap. Not really, you can hunt in the mountains with a license but no plinking unless you are out past Barstow.
Good hunting. Lima Bravo
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EL BEE Knows It All and Done It All.
Don't piss me off!
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TA17Rem
Hello, I'm the legendary Tim Anderson, Southern Minneesota Know it all
Member # 794
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posted December 14, 2012 04:40 PM
quote:
I sure hope you learn to cope with those 3:00 A.M. SWAT raids looking for evidence; they never forget, either.
Should see plenty of action now since your wifes name is now on the who shall we hit next list...
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What if I told you, the left wing and right wing both belong to same bird!
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