Archive for: August 2006

The Accidental Drug Trafficker (full text) Jacob Sullum; ReasonOnline; 2006-08-30. Source Excerpt: “[Sullum repudiates] prosecutions that treat doctors’ errors in judgment as felonies… Docs who err on the side of trusting their patients risk their licenses and their livelihoods. They should not have to risk their freedom.” See also: Unbalanced Coverage of Hurwitz’ Successful Appeal – Maia Szalavitz, STATS, 2006-08-23. Conviction Overturned , Judge Erred in Jury Instructions – Jerry Markon; Washington Post; page B01; 2006-08-23 . Hurwitz Wins Appeal – Letter from Family to Advocates and Former Patients – Ken Hurwitz; 2006-08-23. Ominous Implications of the Hurwitz Appeal Decision? – Bill Marcus; …

Dr. Hurwitz Wins Appeal – Gets New Trial (full text) Drug War Chronicle #450; 2006-08-25. Source Excerpt: “‘The district court effectively deprived the jury of the opportunity to consider Hurwitz’s defense.’ That was a fatal error. ‘We cannot say that no reasonable juror could have concluded that Hurwitz’s conduct fell within an objectively-defined good-faith standard,’ wrote Judge Traxler.” See also: US v Hurwitz Appeal Decision (PDF) – Widener, Traxler, and urrie; 4th Circuit Appeals Court; 2006-08-22. Brief of Appellant William Eliot Hurwitz (PDF) – Robbins, Russell, & Taaffe; 2005. Billy’s Lament and The Appeal – two poems by Dr. Hurwitz; Federal …

Troubles Linger for Acquitted Doctor Heberle (full text) Lisa Thompson; Erie Times-News; 2006-05-30. Comment (DeLuca): A follow-up on Dr. Heberle and his family months after his complete exoneration by jury trial. It is a Pyrrhic victory. He has incurred tremendous debt, is losing his office and home, is essentially unemployable in Erie due to the publicity and employers’ fears of state law enforcement reprisals. In the War on Doctors, even when we win, we lose. Even when we are vindicated by a jury, our lives and those of our patients are destroyed. Even when we win the Chilling Effect worsens, and fewer and …