When my girlfriend had her breakdown she started seeing doctors and therapists
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
and the doctors provided new medication, enough "Zoloft" to last two months,
till her next scheduled appointment. My girlfriend had a severe reaction to the
medication, CSB staff told her to go to the ER 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. 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
?
On the second or third of these adventures, January 12, 2005 at 3:00am we were
waiting in the CVS pharmacy for the ER prescription to be filled by a
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".
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. We were a rather 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. 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 she was out of ER medication the Zoloft reactions returned.
The Manassas City Police
- Did not verify that the prescription was altered, by contact 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 ?
That evening, a friend found my girlfriend in a midst of a breakdown requiring an ambulance - back to the hospital.
CVS pharmacy Every time we go to CVS or any pharmacy we remember that morning and cringe.
It is interesting how CVS treats their customers in need of care. 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 ER doctor said that when
they talked 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. 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 ?
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 contact are dismissed
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.
CVS/Pharmacy Risk Management official Euphemia Sarno responded August 5, 2005 and October 31, 2005 claiming that they did not "feel" liable and denied my request for compensation. They had ignored my request for the video of the incident, so I called them and they stated that they would not release the video to me.
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.
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 under medication ?
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.
Note also the Bar's response to my complaint that this attorneys performance was acceptable. The
Virginia State Bar told me I could retain
another one of their members to sue the prior member - good racket as this would milk me of my resources addressing their failed membership and the Virginia
"Kangaroo Courts" - a profitable dynamic.
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.
|
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, I had joined the USMC to fight Fascists. That he had to do a skit to
frame someone and lie on his report, demonstrates latent criminal tendencies - I find it concerning that they are hiring such individuals and putting them in
authority. He reminded me of those police I knew of in my past who used their positions to extort sex, money and drugs from minors - if these cops were undercover everyone knew,
they just
picked who they did not like to make their quota.
But then like the Bush administration it is the peoples
choice who they hire and what policies they execute.
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 ?