Tuesday, August 28, 2007

FOXNews.com - Sex, Drugs & a Federal Prosecution - Opinion

FOXNews.com - Sex, Drugs & a Federal Prosecution - Opinion:
What’s more, the government insisted (and still insists) it needed to show no motive and no criminal intent to convict these doctors of drug dealing. It only needs to show that a given doctor’s prescriptions are outside the course of normal medical practice—a standard to be determined by government drug cops, not medical boards.
Not only was the jury not told about these arrangements, it was explicitly told precisely the opposite—that there were no testimony-for-leniency deals.

The ex-boyfriend of Jennifer Riggle, the government’s star witness, gave Rottschaefer’s lawyers 183 letters Riggle sent to him while he was in prison. In them, Riggle admits over and over again that she fabricated the sex-for-drugs stories about Dr. Rottschaefer and lied about them in court.

“I think they want to subpened (sic) me to a grand jury about the doctor I was seeing,” Riggle wrote in one letter. “They’re saying he was bribing patients with sex for pills, but that never happened to me. DEA said they will cut me a deal for good testimony.”

Federal prosecutors have never charged Riggle with perjury.


Now there’s new evidence undercutting the “legitimate medical purpose” argument, too. All five women who testified against Rottschaefer have sued him in civil court for medical malpractice. So far, none of those suits have been successful—three of eight remain unresolved.

The lawsuits did, however, allow Rottschaefer’s lawyers to look at the women’s entire medical histories, not just the portions prosecutors provided at trial. What they found ought to be enough to set Rottschaefer free.

It’s now clear that all five women perjured themselves in Rottschaefer’s criminal trial—both about the bargains they’d struck with federal prosecutors, and about their own medical histories. One failed to inform the jury that she’d been diagnosed with several psychological disorders, allowing the jury to conclude that a breakdown she’d suffered in 2002 was due to the drugs Dr. Rottschaefer had prescribed her, not her underlying medical conditions.

The other four had been or were later treated with medications similar to those Dr. Rottschaefer prescribed, and for the same conditions he had diagnosed. Meaning that not only were Dr. Rottschaefer’s actions not outside the scope of accepted medical practice, they were actually duplicated by other doctors.


I have such disrespect...

No comments: