This case has been such a blackeye for the area. It has been picked up by the NY Times and National Advocacy Groups as examples of prosecutorial abuse. It is sad that Mary Beth Buchanan has refused to correct the error she and her staff executed upon the area and the doctor.
I reposted the previous posters comments, for I agree with them.
I find this case outraging. Ms. Buchanan needs to get off her high horse and look at this case. She keeps on attempting to rationalize her screw up on this one and find new ways to justify her actions.
Sorry Mary, you got this one wrong. You utilized your pen to let five felons out of jail. Four, the ones who said sex, admitted in court that they openly mislead the doctor and were part of a drug dealing ring which the doctor was unaware of.
Mary, you could have targeted these individuals who are the criminals, yet you and your staff hashed up this BS sex story as a means of gaining headlines and money. Yes, Mary's crack staff is surely utilizing these convictions to take the doctor's assets.
So if anyone flagrantly broke the law or misused their position of trust on this one, it is MARY BETH BUCHANAN.
After reading through this case, I AM OUTRAGED. The prosecution was given airtight evidence that the sex allegations by the witnesses were lies. The prosecutor actually should have realized these statements were lies when the felons (sorry patients) changed their statements in exchanged for get out of jail passes. The prosecutor and crack investigators did not even polygraph these people. They did attempt to utilize the patients to entrap the doctor, but unfortunately for them no sex occurred or was discussed during these sessions. Guess the sex that the patients said was needed for the medications happens at every other visit and not the ones the government is monitoring? Could it be the sex did not occur?
So each time the doctor's defense team argues the sex did not occur, the prosecution team runs from the accusations and says sex did not have to occur and did not have to be proven. The prosecutor, Mary M. Houghton and Mary Beth Buchanan, simply say that prescribing the medications, which are legal, was wrong. Understand that Ms. Buchanan and her team came to the understanding that the medications were not required medicine well before they ever consulted any medical professional to review Dr. Rottschaefer’s practice. Guess Ms. Buchanan is a doctor as well as a prosecutor?
When the doctor's legal team brings up evidence that the medications were properly prescribed, the prosecutors play the sex card in the media. Who do you think branded the case the SEX FOR DRUGS case in the media? Ah…the prosecution. Yeah, this is fair.
Very ugly and disturbing on the part of Mary Beth Buchanan.
Oh, I forgot to mention that Ms. Buchanan or shoud we call her Dr. Buchanan also brings up the fact they found 1 doctor to go along with their story. Of course, Ms. Buchanan found this doctor well after the initial indictment of Dr. Rottschaefer and the press coverage with the sex for drugs headlines.
So with money in hand and marching orders to prove the government’s case, Dr. Clough went to work on his opinions. Although, Dr. Clough’s expertise is highly suspect. Dr. Clough, their alleged expert, admitted under cross to post dating controlled substance prescriptions which is illegal at the time of Rottschaefer Trial and may constitute fraud. Along with the fact that Dr. Clough only reviewed a small sampling of medical records excerpts and never the patients, he's opinion is heavily suspect. Recall Senator Frist doing is diagnostic of Terri Schiavo via television. Frist at least saw the patient.
So Dr. Rottschaefer now goes to jail for prescribing a legal medication for ailments the patients did admit to. Ms. Mary Beth Buchanan is now discussing her political next steps. As for the five witnesses who have been shown to have mislead the court and committed perjury, they are continuing their criminal careers. I'm do happy justice here was served....NOT.
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