"The police lie all the time and the courts will not believe you" (2005)

Maybe the attorney was right - if so why didnt he respond to my attempts at communication?
This case could have been an opportunity for real, professional, strategists.

January 12, 2005 CVS, CSB, Press and the Manassas Police
Context and relevance of one Experience
Community Service Board (CSB) Prince William County. When my girlfriend had her breakdown she went to CSB to determine the cause for her extreme reactions to the stress she was under and stabilize the condition. The organization messed up latter part of 2004 and early 2005, her therapist left the organization. During this period the doctors gave new medication, enough "Zoloft" to last two months, till her next scheduled appointment with the doctor. My girlfriend had a severe reaction to the Zoloft, CSB staff told her to go to the Emergency Room if it got too bad, that there were side effects and that my girlfriend should get used to the "Zoloft" and wait till her next scheduled appointment with the doctor.

The ER doctor told her the same thing about the "Zoloft" and provided a prescription for medication to cover a week, the week/medication ran out, reaction came back, back to the ER ?

CSB was the only institution that responded in a professional manner.
Since the incident my girlfriend's condition has been treated. CSB admitted that my girlfriend should have had a therapist to monitor the new medication, when the therapist left they had a staffing problem. Part of this diligence was that they were concerned that they may be sued, this was taken care of by the failure of our attorneys to engage.
The Manassas City Police assault on January 12, 2005 at 3:00am.
On the second or third of Zoloft/reaction adventures to the ER, we were waiting in the CVS pharmacy for the doctors prescription to be filled by the pharmacist. The CVS pharmacist called the police, I was shopping, my girlfriend was sitting quietly near the pharmacy waiting for the prescription to be filled. The reaction must have been really bad that morning because usually she shops as we wait to fill her prescriptions.

Planning on taking the day off to address this with CSB I was looking at DVD's when a Manassas City cop approached me - demanding id, without identifying a reason, not knowing what was going on. Needless to say a circular discussion occurred over his need to see my id and inability to identify the reason for his approach. I complied with his demand for my id and he walked to the back of the store with it, he shouted to someone about me "knowing the law", it turned out that there were four other cops surrounding my girlfriend, she was nearly in tears. My thought was "WHAT THE HELL WAS GOING ON", additional stress was not good for my girlfriend who was trying to get medication to address "anxiety".

The following are my perceptions of the Manassas Cop assault in the CVS pharmacy. These perceptions could have been refuted or confirmed with the store security video that was never obtained. This event identifies that the police have no functional oversight. That I could not get the attorneys to address the missing evidence or that my girlfriends doctors could have confirmed that she was medically impaired that morning identifies questionable representation and biased courts. The failure throws question on the integrity and diligence of the Virginia attorney, officers of the court that represent the Virginia State Bar.
The Manassas City Police Department My girlfriend hitchhiked ten miles in an impaired state where that evening, a friend found her in a midst of a breakdown requiring an ambulance - back to the hospital, CPAT where she spent a week and they identified what her medical problem was and why she was reacting to the Zoloft medication. This represents documentation, witnesses that could identify mental/medical incapacity - the attorneys never contacted or used them. Puppy factor.
CVS pharmacy - 9200 Centreville Road Manassas Virginia -  Every time we go to CVS or any pharmacy we remember the morning of January 12, 2005 and cringe.

According to the CVS pharmacist the prescription had been altered. We do not know as we do not remember seeing the allegedly altered prescription. I do not remember the pharmacist as I had stopped at the magazine rack while my girlfriend went back to get her ER prescription filled.

Who could have allegedly altered the prescription ? Why did the CVS pharmacist call the police ? Remember my girlfriend was being treated for anxiety, her doctor had provided her with Zoloft to which she had severe reactions, requiring the ER visits. My girlfriend was later diagnosed as bipolar - what do you think being accosted while in a drug induced state does to one in that condition ? The expectation was that the pharmacist would obey the doctors directions and provide the correct quantity of medication. Why did the pharmacist choose to call the police rather than ensuring that the patient have the correct quantity of medication or just denying the medication ?

CVS contact...
I contacted a CVS/Pharmacy Risk Management official Euphemia Sarno, who responded August 5, 2005 and October 31, 2005. Their response stated that they did not "feel" liable and denied my request for compensation. They had ignored my request for the video of the incident, again I wrote, this time they responded that I needed a subpoena for the video. This was an attempt to obtain evidence to present to an attorney to support our case against the attorneys that "processed" us and the Manassas Police that assaulted me. As a result I could not obtain evidence to support my obtaining an attorney for continued action/appeal. I called CVS and they stated that they would not release the video to me.

It is interesting how CVS treats their customers in need of care. I feel bad for those who experience anxiety differently than my girlfriend, who just "shuts down". I can just see it now a Veteran experiencing Post Traumatic Stress Disorder and running into another CVS pharmacist....
What if we had viewed the prescription and noticed that my girlfriend had not altered it - such a discovery would not have mattered, all that mattered was the allegation, we were "presumed guilty". If we had seen the prescription and the handwriting did not look like my girlfriends they would have said that we were lying. We were charged and our attorneys processed us based on the pharmacists word, with no collaborating evidence that my girlfriend had made the alteration, the store video may have proved it ? Maybe the witnesses that the police did not document would have collaborated the pharmacists accusation ? The police did not listen to me when I finally discovered what the alleged crime was and tried to identify that my girlfriend had a medical problem that had required a hospital visit and may not be in a good state. The police, our attorneys and the Court "presumed guilt" with no foundation but the word of a pharmacist and a "zealous cop".
We were presumed guilty and our attorneys did not prove our innocence.
Attempts at contacting government officials are ignored...
After our attorneys would not respond to our calls we discovered that we had made the local paper, The Potomac News. So June 20, 2005 I wrote to Mr. Stegon about his article on us in the Potomac News dated January 14, 2005 he did not respond. We were upset because our address was published before we were convicted, our trial was February 24, 2005.

I then wrote to the Manassas Chief of Police (November 30, 2005), Mr. John Skinner, and the Mayor's (December 29, 2005) office, Mayor Douglas S. Waldron,. Neither the Mayor or the Police Chief responded to this correspondence. I expected that a public official would address police brutality, kangaroo courts and mistakes caused by a social institution under their watch. I wanted that video.
Interesting that CVS, a corporation did respond to my correspondences, yet government officials whose resposibility is to the people chose not to - just an observation.
Virginia State Bar  I sent a complaint into the Virginia State Bar, a Mr. James C. Brodie responded in a November 8, 2005 letter. In the letter I was informed of the following:
The VSB does not investigate or discipline a lawyer solely on the quality of the lawyer's advice or strategy. However, a lawyer may be investigated or disciplined for certian serious situations, such as missing important deadlines, failing to file required documents or abandoning a client's case.
Our attorney's did file papers, made deadlines, ignored evidence and pled me guilty of a crime - apparently all good "strategy". The Virginia State Bar informed me that I could retain another one of their members for a civil action against these attorneys. When one approaches these other members to address an appeal and legal malpractice they claim that it would cost too much, that was their associates "strategy" (again) and then if pushed one is told that they have "sour grapes".
How my Girlfriends Attorney - Mr. Raymond D. Kline [1]   handled it.
Questions Results
  • Why didn't this attorney contact my girlfriends CSB, CPAX or the ER doctors and therapists to determine whether the act was a criminal act or an act in a medically impaired state ?
    The attorney could have said, "I have talked to my clients doctors and therapists and they state that there was a mix up with my clients medication. My client was being treated for a stress disorder and was adversely affected by the "Zoloft" she was being treated with. I do not believe that this case warrants a 'guilty' plea, my client does not remember altering her prescription so she throws herself on the mercy of the court."
    Instead this attorney had his client plead guilty.
    The information was available a repeat of a previous case, so was this a demonstration of chronic failure of the system or a racket ? Is my girlfriend on some list ?
  • Why weren't both attorneys aware that the police had separated the charges against us for "conspiring to commit prescription fraud" prior to the court date. Did the police do this in order to prevent the courts from hearing the actual context of the case ? entrapment ?
  • Why didn't the attorney question the fact that the only witnesses in court were the assaulting Manassas Police officers ? Where were the other witnesses ? Did the police document them ? If they did not why didnt they ? hardly impartial.
  • Why didn't this attorney obtain the store video to determine whether my girlfriend warranted a phone call to the police by the CVS pharmacist ?
  • Why didnt either attorney respond to our attempts to contact them afterwards ?
  • The separation of charges allowed the police to separate us to different courtrooms this would ensure a conviction as no single judge would hear the compete context of the case.
  • Being presumed guilty of prescription fraud means that my girlfriend can not work in a nursing home, she had enjoyed that work, she just missed the written test by a couple of points.
  • Just why didn't the CVS pharmacist discuss their calling the police with the ER doctor that prescribed the medication ?
  • Was this the vindictive CVS pharmacist that we caught sleeping - did they alter the doctors prescription. I have noticed pharmacists altering prescriptions on numerous occasions ?
  • My girlfriend does not remember making the alteration. She remembers the police assaulting me and people trying to intervene but does not remember the prescription.
In court my girlfriend, not her attorney did mention that she had a problem with her medication, but apparently when she mentioned "Zoloft" the Prosecutor started ranting that they were "tired of the Zoloft excuse", that my girlfriend should be punished. Maybe it was a zealous prosecutor ? Depending on how much was explained, even though her attorney did not present it or have supporting facts - why did the Prosecutor go on the rant about punishing an individual that may or may not have made a mistake ? At least this attorney stayed with my girlfriend and did listen to us, unlike my attorney who he had recommended, that was multi-tasking my case with several others, dropping by occasionally to tell me that I would not be believed because the courts were Kangaroo Courts.
How My Attorney, Mr. Donald R. Daugherty [1]  processed me.
When I first talked to him, before I paid him, he proclaimed my right to keep my Id private while in the store. I gave him an outline of events and assets which I believed identified our position. At the court house the associate that was handling my girlfriends charges handed me the one police report which I got upset about because of its incorrect description of events by the officer that had framed me. My attorney was multi-tasking who knows how many other cases, so on one "flit by" my attorney told me that I should take a "guilty plea". He then asked whether there were any witnesses at the courthouse, there were not, apparently the police did not note any witnesses and according to my girlfriend some of the witnesses tried to interviene and were threatened by the police. I told the attorney that the report was incorrect, he responded that I would not be believed. I reminded the attorney that there should have been a CVS store video, a video that would have provided context of the events that transpired and proven that the police falsified the report. The attorneys response was that the video would not matter if I was upset, I admit to being upset to being accosted while shopping after a stressful night in the hospital - what is "upset" ? was I a threat requiring force ? was it necessary to assault me ?

I was convinced by this attorney that the courts would convict me regardless of guilt or innocence, I accepted the deal out of convenience, glad that I never lied to a judge by pleading guilty - the attorney volunteered, knowing that theoretically double jeopardy would apply, avoiding a "Kangaroo Court" ruling at the moment and expecting to be able to obtain the video to ascertain the environment of the event. My attorney never replied to my attempts to contact him in order to obtain the video, attempts to contact other attorneys provided me with the strategy excuse.

I wanted that video, if I was going to have a record, I wanted that video reviewed, but "my" attorney never responded when attempts were made to contact him. I could not get the video from CVS either because I believe that it would demonstrate that their pharmacist did not handle a patient, customer correctly.
Presumed Guilty  I had an instinct that this "frame" was a no win scenario, which may have been correct......

In the courthouse that day I did not trust that this attorney would represent me competently if I did try to fight with a "not guilty" plea. This was because he was unprepared, multi-tasking my case with several others, his motivation in that courthouse was to convince me that I was "presumed guilty", to "process" a "mark" and our experiences with past members of the Virginia State Bar. I could not risk firing this Virginia State Bar "member" and being able to find another "competent" member.

Why did this attorney choose to process me ? Did he look me up on some list ?
Availability Results
  • The CVS store video should have been available.
    • After the manner in which my case was processed I wanted to see that video, so when I got out of jail I called the attorney left messages and wrote a letter - no response.
    • I tried to obtain the video from CVS but they would not provide it to me. Very frustrating I cannot obtain the video without an attorney and my attorney would not respond to my messages. If I could not appeal my charges I wanted to file charges against the police for assault and abuse. It was at this time that I subscribed to the "service".
  • The police did not make any note of witnesses. My girlfriend remembers the police threatening the other CVS customers when they tried to intervene on my behalf, an elderly couple and a mother and daughter who thought I was going to get shot.
  • What if I was right and the video could prove that the cop lied on their report ? We were presumed guilty.
  • The separation of charges allowed the police to separate us to different courtrooms this would ensure a conviction as no single judge would hear the compete context of the case. This tactic was demonstrated when the judge argued with the prosecutor over my sentence deal. I did not observe any significant mention of my girlfriend on the report or anything other than my alleged aggression against the police. I only saw one report, where were the other officer's reports ?
  • My attorney convinced me not to go for the video because subpoenaing the store video would allow the prosecution access to it and according to this attorney if I got upset the courts would not look favorably on it. The cop did not know why he approached me in the first place and as a result of this officers incompetence, I did get upset with the bully and was assaulted - did I threaten them ? did I accost them ? did I do anything that warranted a physical response ?
  • When I questioned the lies on the police report, my attorney responded that "the police lie all the time on their reports that the judge would not believe me" - guilty till proven innocent.
  • Biased Judge  When my attorney pled me guilty and the prosecutor presented the deal the judge started arguing with the prosecutor. The judge's argument stated that I deserved one hundred and eighty days on each charge, amounting to a year incarceration. This judge had not heard the context or details of the case, yet they were arguing with the prosecutor on his deal. I thought "kangaroo court" - maybe my attorney was right.
    • Why did the police separate the charges ensuring that no one court heard the full context of the case, my girlfriend's breakdown or spending the night in the hospital was never presented to the judge hearing my case ?
    • A judge arguing with the prosecutor over a deal, wanting me to spend over a year in jail without hearing both sides.
    • Is this an impartial judge ? It is one thing to argue after hearing both sides but to argue before hearing the case based on an agreement ? If I had pled not guilty, without the deal this judge would have presumed me to be guilty, demonstrating that these are kangaroo courts.
    I never pled guilty, I accepted the deal out of convenience and suspicion that it was a "kangaroo court" - I was framed and could not prove my innocence.
  • I was "denied work release because I was ta-sered by the police" according to a note on the request. I then tried to contact my attorney, his answering machine did not take collect calls, my friends tried to contact the attorney, no response. These attorneys had harvested their clients.
  • When I got out of jail, I left a couple more messages on this attorneys machine and then I wrote a letter to the attorney - no response. I lost out on an appeal by this failure to respond.
  • I then wrote a letter to the "Virginia State Bar" and they responded that it was "strategy" which they do not address - but I am welcome to hire another one of their members to sue this attorney.
  • I still want that video from the store - maybe I am wrong ? maybe I scared the cops ?
  • I work in a field where it would be of benefit to have a security clearance, this incident will damage my employ ability if my contract runs out.
Why I wanted the CVS store video:
Police Report claims  ( * )Video would have shown
Did not provide my "Id". I did provide my "Id" under protest. The video should have shown me handing the cop my id. The police officer walking off with my "Id", yelling something about my "knowing the law" to his buddies in the back of the store who I did not know about till that comment. Laughing when he claimed to me that he would "owe me an apology if it turned out that he was wrong" - he made it wrong.
I resisted arrest.I complied, putting my hands behind my back for cuffing and clasping them so that they would stay together for cuffing. The Manassas City Police officer told me to unclasp them, they came apart because I am fat, he jumped back and yelled "he's resisting arrest". I turned around and they all were yelling at me <WTF> to get on the ground. Ever since the Marine Corps my knees bother me when it is cold and it was cold that morning - so I get assaulted.
I assaulted them.
  • That morning I was trying to explain that my girlfriend had a reaction medication provided by CSB that was supposed address her "anxiety disorder" - this was a concept that they did not understand. The incident was not helping my girlfriends condition. I was agitated by the gross stupidity of the Manassas City Police, but I never tried to intimidate them. I understand that I talk louder than normal people, this may be attributed to my hearing loss, maybe this scares these "cops".
  • That I had stood there as they assaulted me.
  • The total clumsiness of the police officers assault, turning his back to me at one point exposing his gun and himself as a human shield <WTF>. Was he trying to entrap me ? or just a clutz ?
  • That the situation did not require the police.
  • I tried to obtain the CVS store video directly from the store, to "prove" our innocence after our attorneys failed to respond. CVS would not provide it, one reason was that it would have shown that their pharmacist was negligent as the whole thing could have been handled by their pharmacist.
Witnesses
  • My girlfriend states that the police threatened an elderly couple and a mother and daughter who were witnessing the attack and tried to intervene. Since the police took us away the witnesses disappeared. Because the attorneys did not look into the event the store video vanished - I could not get it.
  • Did the police even document the pharmacist that accused my girlfriend of altering the prescription ?
Girlfriend on Video
The alteration of the Prescription
  • The prescription was not altered in the hospital or the car on the way to the CVS pharmacy. The only place where the alteration could have occurred would have been at the CVS pharmacy counter, under the cameras, where I left my girlfriend to wait. My girlfriend was also aware of my intent to take the day off of work and address the medication issue, so she would not have reason to alter the prescription. I never saw the allegedly altered document.
  • I thought the pharmacist that night was the one we had caught sleeping the week before. On the past visit, when we had awakened them they had been rude and then took over an hour to fill the prescription. This was a long time to wait for someone reacting to medication addressing anxiety attacks.
  • After my friend found my girlfriend at home she talked to the ER doctor while in the hospital again, they remembered talking to the pharmacist to confirm the prescription but did not note anything worth calling the police about. My girlfriend said that doctor told the pharmacist the correct quantity.
  • The video would have identified who had altered the prescription since my girlfriend does not remember altering it - only two people were there and one saw fit to call the police without cause (we were not disrupting the store).
  • The CVS pharmacist should have known that the medication prescribed by the ER doctor was to address mental incapacity and when the doctor confirmed the prescription provided the correct amount...
Mr. Raymond D. Kline convinced me to hire his associate Mr. Donald R. Daugherty because they would work together on the case as a team. If they had been on top of the case they would have known of the separation of charges and Mr. Raymond D. Kline could have obtained the video, my girlfriend was already presumed guilty without the complication of the prosecutor in my case having an opportunity to review the video. Either way I wanted to see the video after being convinced that the Virginia Court was a kangaroo court.
A footnote on that January 2005 morning, my girlfriend was suffering from a severe reaction to medication to treat anxiety which resulted in our spending the night in the hospital. So when the cops approached her in the pharmacy she was not in a good state, I had left her waiting for her medication. When the officer walked off with my id I followed, worried about what was going on and the theft of my id. I found my girlfriend surrounded by four officers, nearly in tears. I was upset, they were upsetting her and my not knowing what was going on did not help. These police tried to get her to admit that I abused her, this further upset me with them because I saw this as a sequel to our Reston experiences with the police. How did these Manassas Police Officers treat my girlfriend if they thought that I was abusive to her ?
  • If the police were concerned about my girlfriend's safety why did they let her hitchhike ten miles home in a distraught, medically impaired state ?
  • I shudder when I remember her wailing for me in booking and I could do nothing because of our kidnappers, the police.
    • Is this how they care for those they believe are abused ?
    • Why did they let her wail for hours in that cell ?
    • Why did they ignore the hospital bracelet ?
  • This attempt to intimidate my girlfriend into stating that I abused her further identifies their goal to frame me.
  • Does this attitude represent "certified" professionals that allegedly have been "vetted" through psychological testing ?
A Manassas City Police Officer   I am an ex-Marine and professionally I found this police officers attitude that of a bully and a thug. That he had to do a skit to frame someone and lie on his report, demonstrates criminal tendencies. I find it disturbing that such individuals are given authority, a gun and no functional leadership.
Presumption of Guilt    This demonstrates a case where I was innocent but the more that I tried to figure out the situation more guilty I became. I had no idea why the cop wanted my id, as an American believing the propaganda that an individual had "rights", "due process" and "innocent till proven guilty", I believed that I had the "right" to know the reason for being approached. With this mistaken belief I attempted to ascertain why I was approached, the more the cop avoided identifying the reason the more concerned I became. So when my attorney told me that if I was "upset" on the video, I was "guilty", I took the hit on the "deal" and listened to a judge lecture a prosecutor about the deal without hearing both sides, demonstrating Virginia Kangaroo Courts. After it was over I still wanted the video and I wanted to see the list of witnesses, however my attorney did not respond to my contacts and the Virginia State Bar found no wrong doing. I was "presumed guilty" and could not prove myself innocent.
A similar event with a different outcome.   Recently I noticed an event similar to ours had occurred to someone else with a much different outcome, Man Sues Police for $4.5 Million. There were several differences with this case, the event occurred in Colonial Beach Virginia and a federal judge heard it. I wonder if the defendant had an attorney from Virginia or a Federal attorney, one who would not have a vested interest in the community and so the defendant received an impartial judgment. I wonder how he got his attorney to engage ? How much did the defendant spend to obtain competent counsel ?
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