Fed to Appeal Hurwitz Sentence

Federal Prosecutors to Appeal Judge Brinkema’s Sentence in Hurwitz Re-trial; Alex DeLuca; War on Doctors/Pain Crisis blog of the Pain Relief Network; 2007-08-21.

I received a phone call from Dr. William Hurwitz this evening. He had seen my name in the paper, and wanted to discuss the recent media blitz centering on prescription drug abuse (PDA) and secondarily on the harassment of pain management physicians to the well-documented detriment of pain patients.¹ ² ³ We talked about the weaknesses in the government’s argument linking pain management with an as yet not scientifically defined PDA problem, and the tragic absurdity of harming the many legitimate pain patients in order to persecute the few ‘non-medical’ prescription drug users, and of how this deadly propaganda might be countered.

But he also wanted me to know about an important development in his case. While Billy was re-convicted, his sentencing was a moral victory and a blow to the prosecution. (You can review the articles in the “See Also” links, above, to refresh your memory of the second Hurwitz verdict and sentencing, and the issues raised. The journalistic and reader commentary was remarkable. For the entire Hurwitz saga, see: The Hurwitz Collection).

Apparently the prosecutors feel that the sentence of 57 months is insufficient, after all, they had won a 25 year sentence in the first Hurwitz conviction which was overturned on appeal. They are also apparently peeved that Judge Brinkema dismissed the most serious charges against Dr. Hurwitz, including all the charges carrying mandatory minimum sentences. The government intends to appeal the sentence on both these grounds, and possibly others. If this appeal is passed by the Criminal Division of Justice and then the Solicitor General and goes forward, then the Hurwitz Defense Team will file an appeal of the second conviction.

Gee Prosecutor Rossi, I don’t know if this is such a good idea. I was present for sentencing and part of the appeal trial and it seemed to me that Judge Brinkema did not take too fondly to your aggressive, badgering tactics and misleading statements during the trial. Further, her sentencing opinion seemed very carefully thought out and rationally took applicable sentencing guidelines into account. In fact, Mr. Rossi, didn’t I hear her virtually dare you to appeal the sentence, upon hearing your vaguely threatening complaints near the end of that hearing?

I think the Hurwitz prosecutors are going to lose this one too. But I am look forward to some expert legal opinion, from Siobhan Reynolds, the few expert lawyers with relevant experience in these matters, and the journalist Hurwitz-experts: Balko, Borden, Moore, Sullum, Szalavitz, and Tierney, to weigh in with some knowledgeable discussion of this development.

Footnotes

“Roper Starch Worldwide. Pain In America: Roadblocks To Relief. Report to the American Pain Society, Glenville, IL, 1999. Available at:Chronic. Available“ ↩
“Stewart WF, Ricci JA, Chee E, Morganstein D, Lipton R. Lost productive time and cost due to common pain conditions in the US workforce. JAMA; 290(18):2443-2454; 2003. Available“ ↩
“Meyer RJ. The Need for Effective Pain Relief - Statement by Robert J. Meyer, Director, Center for Drug Evaluation and Research, Food And Drug Administration. Before the U.S. House of Representatives Committee on Government Reform, Subcommittee on Criminal Justice, Drug Policy and Human Resources; 2004. Available“ ↩