PRN Moral Victory in Dr. Maynard Case

Pain Relief Network Moral Victory in St.Thomas - Dr. Maynard Negotiates Light Sentence; May Appeal; Pain Relief Network press release; 2007-06-02.

Dr. Paul Maynard was indicted in the Virgin Islands on 170 counts of over-prescribing pain medication outside the course of professional medical practice.

In February 2007, a jury convicted Dr. Maynard on four counts, exposing him to a maximum sentence of 20 years for each count.

The jury also acquitted Dr. Maynard of two counts, and hung on the remaining 162 counts.

The community was shocked and confused as to how an innocent and compassionate doctor could be sent to prison for taking care of people in pain.

Siobhan Reynolds, for the Pain Relief Network, visited St. Thomas on two occasions, supporting the community, organizing rallies and educating the media as to the broader issues at work in Dr. Maynard’s case. Support was garnered from all over the Caribbean and beyond. Representative Christensen, the US Virgin Islands’ Delegate to the US Congress even took up Dr. Maynard’s part when the prison in Guynabo PR was ignoring his life-threatening illness.

Prayer vigils were held, opinion pieces, as well as in depth news stories and radio shows began to pop up all across the area. We headed into sentencing with dozens of supportive letters from the prominent and merely grateful supporters of Dr. Maynard’s who had been rallied to his defense. Under the sentencing guidelines, the probation department, in its pre-sentence investigation, thought that the range of sentence was about 2 to 4 years for the four counts.

Dr. Maynard’s post-trial counsel, John P. Flannery, argued that the range should be less than half that range, more like 1 to 2 years, as the controlled substances involved amounted to 160 pills (Percocet, Percodan and Vicodin ES), and less than one gram of Oxycodone, and argued for probation.

The probation department consulted with the parties extensively, was persuaded that they should use the actual weight of the controlled substances rather than the weight of the pills with the tylenol, aspirin and filler indcluded as part of some aggregate weight.

The probation department reduced its recommendation, and the court agreed, that the appropriate sentencing guidelines range was 1 to 2 years.

The probation department agreed that probation was possible.

Government counsel, AUSA Kim Chisholm filed a memo agreeing with the probation recommendation of about one to two years, and that helped a great deal to narrow down what the parties had to address.

AUSA Chisholm understandably disagreed with Defense counsel Flannery that the court should go below the sentencing recommendation.

At the conclusion of a hearing on June 1, 2007, the Court sentenced Dr. Maynard to 7 months, somewhat below the sentencing range, imposed a $5,000 fine (when the range was $4,000 to $4 million), entered a forfeiture order for the 848 square feet of Dr. Maynard’s medical practice (that Dr. Maynard had agreed was appropriate after he was convicted), required community service and supervised release when Dr. Maynard finishes his 7-month sentence. Dr. Maynard has been confined since his conviction on February 15 and will get credit for that time toward his sentence.

Any appeal must be filed within 10 days.

Contact: Siobhan Reynolds President PRN
(505) 989-3929
www.painreliefnetwork.org

[END]

The capacity to give one’s attention to a sufferer is a very rare and difficult thing; it is almost a miracle; it is a miracle. Nearly all those who think they have this capacity do not possess it. Warmth of heart, impulsiveness, pity are not enough.