The American Spectator

Reader Mail

(Page 5 of 8)

Perhaps Rush will consider moving to Indiana, where most of us not only love him unconditionally, but also have prosecutors who, for the most part, are completely unwilling to prosecute anyone for prescription drug offenses.

When I worked for the Indiana State Police "Drug Diversion Unit" (which pursues any misuse of prescription drugs), I was repeatedly amazed at the reluctance of prosecutors to proceed on rock-solid cases regarding prescription drugs. In one case I worked, a lady gave an audio taped confession to 324 violations of prescription drug laws, including using multiple names and multiple doctors to obtain prescription drugs. Each of the 324 violations was a Class D Felony. The prosecutor accepted a plea deal reducing her charge to a single misdemeanor, and sentencing her to a short probation period, and a $1.00 fine.

Nationwide, investigators in this field face the same dilemma. The crimes are well defined, though somewhat complicated, and usually documented by a wealth of pharmacy paperwork. On the other hand, many prosecutors and juries can easily identify with someone who might go afoul of the laws by accident, or simply out of confusion. The resulting prospect of a complicated trial, with a jury sympathetic to the defendant, for a crime who's prosecution won't likely make the newspaper (or anybody's career), is highly unappealing.

Cases you do find being prosecuted usually involve someone who is openly dealing the drugs, or who is also involved in other illegal activities, which are more commonly prosecuted. In other words, someone the prosecutor wants to get, and is willing to do the difficult work of a prescription drug case to get them. Certainly, Rush's lawyers must have looked into a statistical comparison of prosecutorial efforts against prescription drug abusers to bolster their claim of malicious prosecution.

Until I worked in the prescription drug field, I considered substance abuse to be a voluntary activity, worthy of little pity. Then I worked the case of a clinic worker who, after shoulder surgery, was given a powerful painkiller. Although the lady had not so much as a traffic ticket in her history, she proceeded to obtain the painkiller by fraud, calling in bogus prescriptions, using her doctor's name, using names of patients, and even using their insurance and Medicaid to pay for her drugs. When I apprehended her (in the act of obtaining the drug by fraud), she confessed to what amounted to over 1,000 felonies, all related to this addiction. A working mother, with a good job, and cohesive family; was taken to jail for being unable to overcome this addiction. Many of these episodes are tragedies, not crimes.

p>For what it's worth, Rush has my support. br> -- Dave McDowell br> Monticello, Indiana /p>

I just want to write you saying thanks for a well written and a fairly balanced look at his situation. Whatever happens to him remains to be seen, but if he does receive some sort of jail term a lot of people are going to be irate. I could see if he was a dealer or some kind of habitual offender, then it could be justified. As far as I know this is his first offense. Anyone else in this whole country who would have done the same exact thing would of gotten a slap on the wrist. Rush offends a lot of people because he exposes them for who they are....

p>I do not know much, I am just a person typing on my PC, but my parents taught me right from wrong and how great it is being an American. Let's just hope that the Florida judicial system does not take a great American from us. br> -- W.K. McConnell /p>

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