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.
- First the Manassas Police officer could not identify the reason for his demand of my id.
- When I asked for the reason he became upset.
- After I provided the id he walked off with it yelling that he had "one that knew the law".
- I found my girlfriend surrounded by cops, she was in tears and they were trying to get her to say that I abused her.
- I submitted for arrest by clasping my hands behind my back to keep them together for cuffing, when ordered to release them the officer jumped back and yelled "he is resisting arrest".
- I turned around and was tasered, it had minimal effect so after I pulled the barbs out of my chest they tasered me two more times.
- Then I was body slammed and hit with his little stick thing.
- My head was held so that they could empty a canister of mace in my face.
- Then then knocked me down and hit me when I tried to breathe - at this time I thought it would be funny if they killed me.
- In booking they released my girlfriend to hitchhike ten miles home in a medically impaired state - once home she had a melt down requiring that an ambulance be called. She spent the next week in the hospital.
- Witnesses were not documented and the store security video was never obtained.
- The case started out as conspiracy to commit prescription fraud but then they separated the charges so that no one court heard the complete case or incident.
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
- Did not verify that the prescription was altered, by contacting the ER doctor to confirm the actual quantity or how to handle the patient ? The doctor may have been able to communicate what the police were not interested in hearing from me.
- In the CVS store these police were trying to get my girlfriend to state that I abused her - why ?
- The Manassas City police released my girlfriend to hitchhike home ten miles in her condition, without money or medication. What excuse would they have had if some "predator" had picked her up ?
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 ?
- ER Doctor made a mistake - doubt this but who knows.
- Pharmacist altered it, I have observed them altering these prescriptions frequently.
- My girlfriend could have altered it so that she would not have to visit the ER in a week, given that CSB kept telling her to wait till her scheduled appointment over a month away.
This had resulted in weekly trips to the ER because as soon as my girlfriend ran out of ER medication the Zoloft reactions returned.
Why did the CVS pharmacist call the police ?
- We were not creating a disturbance, my girlfriend had a hospital bracelet and prescription.
- Was the pharmacist getting even for something ?
We were a regular customer to that CVS store and I suspect that this was the pharmacist that we had caught sleeping once, when we woke them they took an additional hour to get around to processing our prescription. On that previous visit the pharmacist did not provide an explanation for the wait when asked.
- Was the prescription altered before the pharmacist received it ?
- The ER doctor said that when
they talked to the pharmacist a mention was made of a discrepancy, they informed the pharmacist of the correct amount and believed that the patient was taken care of, there
was no mention of calling the police. As a result of the CVS pharmacist's actions my girlfriend spent the next week in the hospital and talked to the ER doctor.
- Could it be that the CVS pharmacist did not know what the medication was supposed to treat or the condition that the patient could be in ?
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.
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. |
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 ?