Mangino to Represent Self in Nov. 28 Hearing

Mangino Letter to Judge Motto, Brief in Support of Petitioner’s Motion, and, Supplement to Brief in Support; William Mangino, M.D.; War on Doctors/Pain Crisis blog of the Pain Relief Network; 2007-11-27.

Several days ago Dr. William Mangino whose case the Pain Relief Network has been involved with, and that this blog has followed in depth (see links above and below), sent me three documents, some fifteen pages in all, handwritten in block text, which I will call Mangino Petitioner’s Motion including:

a two page letter to Judge Motto,
a six page Brief in Support of Petitioner’s Motion, and,
a nine page Supplement to the Brief in Support

Luckily, he also sent it to James Stacks, a board member of the Pain Relief Network, who is also in contact with Dr. Mangino. He has scanned it and made all three handwritten documents available, as a single PDF, through his personal website. Thank you so much, Dr. Stacks.

Mangino’s letter to Judge Motto reviews William’s problems with his lawyers, his ability to represent himself, and his plight “of being convicted for a “crime” I never committed.” [In fact, there was no "crime" in this criminal case; see: Mangino Sentencing: a Crime-less Conviction by Christine Heberle.]

In the Brief in Support of Petitioner’s Motion (scroll down), Mangino argues, in his cogent, thorough, and relentless way, “that [my] Sixth and Fourteenth Amendment rights to a fair and impartial jury were left unprotected by the court.” In this document William reviews the whole story of allegations of coercion of a juror named Fee by the jury foreman, and also recounts the Court’s denial of his Omnibus Motion for additional jury instructions, invoking Kansas v Narramore and “Rule 606(b),” in the process.

The Supplement to the Brief in Support (scroll down) is also a fascinating and enlightening document. For example:

Now I am faced with a difficult decision. [My lead counsel] has not responded to two letters… Both attorneys have worked hard on my behalf. Be this as it may, I also believe that much of the groundwork for my defense - even though it was never “employed” during the trial - was prepared by me… There was no patient testimony [U.S. v Tran Trong Cuong] that I exhibited “specific-intent” to [illegally] distribute controlled substances…

And so on. Wow. Dear readers, this is not legal babbling, this is serious legal thought. I am not educated in nor do I well grasp legal thought, but I think this will be a very interesting read for the likes of Drug Law Blog, Drug War Chronicle, and Drug WarRant.

I am in the midst of a family tragedy at the moment and have not had time to help Mangino with this work, nor will I be able to attend the Hearing, which I think will be in New Castle, PA. I feel very, very bad about my inability to step up for Dr. Mangino at this time. I have reviewed Mangino’s medical records as an expert medical witness, I testified at his Sentencing Hearing. There. Was. No. Crime. Dr. Mangino is simply a very expert, smart, skilled and compassionate physician. His patients benefited from his care. The prosecution of Dr. William Mangino is a travesty. [See: Mangino I: Is Treating Pain a Crime?]

I am deeply sorry that I cannot more concretely support him at this time; I surely would if I possibly could, and I hope my colleagues in the blog’o’sphere will take up the good doctor’s cause.

The Persecution of Dr. William Mangino

Mangino I - Is Treating Pain a Crime?

Mangino II - Conviction

Mangino IIIa - Bail Strategy Changes

Mangino Trial - Mockery of the Constitution

Mangino: Justice will Not be Served

Another Pain Doc on the Ropes - Drug War Chronicle
David Borden / Drug War Chronicle coverage of Mangino case

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