This case is such a black eye for our area. After having hand written proof in the form of one of the prosecution witness’ own correspondences that the sex allegations were falsified, the US Attorney, Mary Beth Buchanan, refused to either investigate the individual or correct the unjust conviction. Instead, she and her subordinate, Mary McKeen Houghton, argued in the appeal that the sex allegation was not required to be proven and/or ever proven. They just had to prove the medications were not for a medical reason. Note, Ms. Buchanan has outright refused to seek perjury charges against her witness and contrary to what the web has said, the appeal court called the actions such in the oral arguments. Per Judge Becker, the actions were clearly perjury was what he stated in the oral arguments.
As for the four women who testified to the sex allegations, it is no coincidence that these are the same four witnesses who changed their initial statements to investigators that sex did not occur and who also received leniency for their own crimes. Ugly isn’t it.
Back to the doctor, the doctor’s legal team utilized the statements from the witnesses suing him in civil proceedings where they now claim to have the ailments he treated with the medications in his new appeal. You see, if sex is not relevant to the crime and it is just about a legitimate medical reason for the medications wouldn’t the fact the women has the ailments the medications were prescribed for be important? Additionally, other physicians have since continued to treat these five patient witnesses with the same medications that Dr. Rottschaefer was convicted of prescribing for no legitimate medical reason. (see: http://www.cato-at-liberty.org/2006/10/04/privacy-vs-justice/ ) Although, it should be noted that the new physicians are prescribing larger and stronger dosages (one of the basis of the civil complaints is that Dr. Rottschaefer under treated the patients). As expected, the majority of the civil cases have already been dismissed for lack of merit and the others are within the process of being dismissed.
In response to this evidence, the prosecution team goes back to the sex allegation in the response brief to the court. It even appears Ms. Buchanan’s crack team can not keep the discussion points together in the press releases on this case. In the press release from the appeals hearing they say sex was not part of the crime. (see: http://www.usdoj.gov/usao/paw/pr/2007_february/2007_02_12_1.html ) In the press release after the hearing last week they go back to the sex accusations. (see: http://www.usdoj.gov/usao/paw/pr/2006_april/2006_04_28_3.html ) Of course, the decider here was the Judge, who obviously showed in his statements at the sentencing he read none of the motions.
So in the end, Dr. Rottschaefer was never proven to have had sex with these witnesses, Dr. Rottschaefer prescribed medications for ailments that the Physician Desk Reference asserts are appropriate diagnosis for the med's, Dr. Rottschaefer is not guilty of malpractice, but he will still go to jail.
All parties for the prosecution have attempted to profit from this crime. The five patient witnesses sought malpractice claims that were thrown out. One of the patient’s family members who testified sought malpractice claims which were thrown out. The office manager who was connected to these five patients outside the doctor’s office sought a wrongful termination suit against the doctor. When she was served notice the doctor was taking the case to trial, she withdrew her suit.
The alleged medical expert for the prosecutor received 12,00 for less than 40 hours worth of work. He also admitted on the stand in the trial he had no education in pain management and had at most three to five patients in his practice receiving these medications (see article: http://www.theagitator.com/archives/027511.php#027511 ). Great expert testimony here. Kinda like going to a dentist to get an opinion on heart surgery.
The prosecutors, Mary Beth Buchanan and Mary M. Houghton, have sought the Dr's building complex that housed his medical office and multiple apartments. All five witnesses are still receiving these same medications today from other physicians.
As for Ms. Buchanan it appears her latest press statement has gone back to the sex allegations as noted in the prior links. Shame on you Ms. Buchanan. You do a disservice to your profession when you so quickly move the arguments around to hold this conviction together. Let's hope the appeals court will look past tradition and correct this wrong before the doctor, his family, his patients, and the community are further victimized.
It is unfortunate that Dr. Rottschaefer will have to go to jail so that Ms. Buchanan can protect her conviction percentage. It is also equally disturbing on what went on in this case and can happen again. A law abiding citizen was accused by the US Attorney of sex crimes and she utilized her power of plea agreements to get convicted felons to collaborate her case. This case is about an abuse of power, although it does not appear to be the Dr who abused his power or position of trust.
Here is a great link on the chronology of what has occurred here:
http://www.cpmission.com/main/painpolitics/rottschaefer.html
I strongly recommend you read the articles BITTER PILLS as well as SEX, LIES and OXYCONTIN
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