The Criminal Criminal Justice System”; Alex DeLuca; Pain Relief Network; 2008-12-05. Revised: 2008-12-09 (‘See also’ link to Dr. Jackson article added).
Refers in large part to:
Third Circuit Gives New Meaning to Term “Criminal Justice System” (PDF)
Dr. Bernard Rottschaefer, J. Amer. Physicians and Surgeons, 13(2), 2008
Conviction Without a Crime: a True Story (PDF)
Dr. Michael D. Jackson, J. Amer. Physicians and Surgeons, 13(4), 2008
Just coincidentally, after publishing yesterday’s Reeking Soul of American Justice item, I came across the article cited above, Third Circuit Gives New Meaning to Term “Criminal Justice System”, by Dr. Bernard Rottschaefer, himself the victim of federal prosecutor Mary Beth Buchanan in what Radley Balko, who wrote Sex, Drugs and a Federal Prosecution – The Shabby Case Against Dr. Rottschaefer, calls “Buchanan’s most outrageous case.”
Since Rottschaefer’s conviction, Buchanan’s case has fallen to pieces, as each of the five witnesses who testified to getting illegal prescriptions from Rottschaefer have since been shown to have lied. Buchanan refuses to reopen the case.1
I urge you all to read Dr. Rottschaefer’s very brief account of his trials, which can only be accurately described as Kafkaesque. Good, compassionate physicians practicing in good faith, as Dr. Rottschaefer did, will be, I think, frightened by this account. I think it will disturb a good number of the rest of you as well. His Conclusion from federal prison, as his legal options dwindle, speaks for itself.
With the denial of my second appeal, I was struck by the revelation that the United States has a criminal legal system. I am nothing but a statistic in the prosecutors record of wins.
I sound this warning to every physician who takes care of the sick and the needy; to every physician who ever prescribes controlled substances, no matter how much good faith you exercise in doing it; to every physician in the United States: You could be next. If a prosecutor wants to use you for career-climbing, he or she can do it with impunity. There are no effective checks on prosecutors’ power to destroy you, even if they use unlawful means.2
Third Circuit Gives New Meaning to Term “Criminal Justice System” – Bernard Rottschaefer, J. Amer. Physicians and Surgeons, 13(2), 2008. ↩