Posts Tagged ‘Spokane’

When federal agents show up to arrest someone on a 3-million-dollar warrant, you figure that person won’t be seen for a while.   Not the case with Brian Lee Hudson.  He was arrested at a Spokane homeless shelter, yet returned a week later.  According to a story in the Spokesman-Review, Hudson “was set free when he made his first appearance in Spokane County Superior Court because necessary paperwork hadn’t arrived from Gov. Arnold Schwarzenegger’s office in Sacramento, Calif.”

I suppose it is helpful to have a good criminal defense lawyer, but sometimes defendants simply catch a break because they are lucky.  (I guess the unlucky party would be the public.)  According to the article, the suspect surprisingly went back to the same homeless shelter after he was released.  You would think that he would have hit the road and tried to hide out.  These extradition cases are a real pain in the butt for prosecutors to deal with.  A lot of people are surprised by this, but unless a defendant waives his right to extradition, a state really needs a warrant signed by the governor in order to return a fugitive to face charges.  I can remember as a prosecutor how the State of California was pretty bad about follow up on these things.   It seemed like the parole officers would always claim that they would want to extradite a fugitive, but after Washington would hold them for a few weeks, California would change its mind.  A lot of times a defense lawyer will advise his or her client to waive extradition to expedite the process.  Usually extradition among the 50 states is inevitable; it is not like extradition issues between countries.  A lot of people are not aware of it, but many Indian Tribes have extradition laws as well.  For example, the Colville Tribes have a policy codified here.  The county jurisdictions should not be bringing tribal members to State courts without the approval of the Tribal Court.  Most countries do not have extradition policies or restrictions within their boundaries.  The interstate extradition issues as faced in Brian Hudson’s case are a result of States’ rights here in the U.S.   Lately, in Washington and Idaho, conservatives have been championing the notion of State sovereignty.   My guess is that the interstate extradition laws will probably be reformed avoid problems such as what happened with Brian Hudson.

I have never met the guy, but you have to hand it to defense attorney David Partovi for the tenacious defense of his client Tyler Gassman.  Partovi went down swinging in Gassman’s defense last year on a questionable robbery conviction, and is continuing the fight.  Partovi has lodged a bar complaint against the Spokane prosecutor, agreed to interviews with the press, filed appeals, and has even taken the unusual step of commenting on the newspaper articles in the online comment section.  He even got the Spokane prosecutor personally fined for $8,000.  (Ouch!  Giuliano Mignini anyone?)  According to news reports, Partovi even wept at sentencing for Gassman.  As a result, the amount of people taking notice of this case is beginning to grow.  The most recent person to take notice is Jacob H. Fries, the managing editor of The Inlander.  Fries is no stranger to writing crime stories, having covered such matters for the New York Times and The Boston Globe.  Now the Spokane native is covering injustices in Spokane.  See his recent piece on Gassman’s case here.  The Inlander apparently is doing a series on unjust convictions in Eastern Washington, and lists a contact number on their site for people to submit ideas.

Here is what all the fuss is about.  The Spokane prosecutors had a rock solid case against a robbery suspect, and let him go with a slap on the wrist in exchange for pointing fingers at seemingly anyone he chose, including Tyler Gassman. You really have to wonder about this business of “buying” the testimony of criminals with promises of leniency.  If it is a crime to bribe a witness with cash in exchange for his testimony, how is it any better when a prosecutor “bribes” the witness by offering him or her freedom?  In 2002 the Tenth Circuit Court of Appeals ruled: ”If justice is perverted when a criminal defendant seeks to buy testimony from a witness, it is no less perverted when the government does so.”  Such squeal deals seemed like they would be prohibited.  However, the court overturned itself 9 days later, and prosecuting attorneys continue to troll the local jails looking to make bargains for testimony with inmates desperate for their freedom.  And that is essentially what David Partovi faced when Matt Dunham agreed to point his finger at Tyler Gassman and other Spokane locals.  Serving as Tyler Gassman’s criminal defense lawyer, Partovi sought to impeach the credibility of Dunham at trial.  Dunham’s cellmate told the defense lawyer that Dunham was making it all up to save himself, but the cellmate refused to testify.  (A criminal defense lawyer, unlike a prosecutor, can’t agree to give witnesses immunity).   After Tyler Gassman was convicted and sentenced to 25 years in prison for allegedly robbing drug dealers, the cellmate (Anthony Kongchunji) finally agreed to come forward.  Sounds like good grounds for a new trial right?  Spokane Superior Court Judge Michael Price didn’t think so.  He ruled that the defense lawyer erred by not hauling Kongchunji up to be made to forcibly testify.  Huh?  Doesn’t someone pretty much always have the right to take the fifth if they think they are going to incriminate themselves?   Apparently a police detective subtly (or not so subtly) implied that the cellmate could be facing perjury charges if he testified for the defense.  That could give any witness cold feet.

Right now, the case is on appeal.  We will wait and see.   Let’s ask Spokane prosecutor candidates what they think about this case?  Attorney David Stevens has announced his candidacy, as well as attorney Frank Malone.  Someone please ambush them at candidate’s night and let us know what they say.  Somehow, I have a feeling David Partovi will be in the front row with his hand up.

Shouldn’t prosecutor’s offices have some sort of written policy on offering leniency in plea negotiations in exchange for testimony?  What do you think?

(Photo does not depict any actual participants in this case.)

According to a story in the Spokesman-Review today, a 20-year-old man was arrested for delivery of a controlled substance for selling marijuana cookies to high school kids for 3 dollars each.  According to the article, the Spokane detectives had done an undercover operation and arrested the suspect at the Pizza Pipeline on Wellesley Avenue.  The police claim the defendant sold the marijuana-laced cookies to high school kids on their lunch break from Shadle Park High School.  As you can imagine, the punishments are severe for an adult who delivers a controlled substance to a minor.  For a typical delivery of marijuana in Washington, a first time offender is sentenced to a standard range of 0-6 months.  However, the punishments for delivery of a controlled substance,(marijuana) from an adult to a minor carries a standard range punishment of 51 to 68 months in prison.  This is under RCW 69.50.406 which defines the crime as any one 18 or older who sells marijuana to someone at least three years younger.   The suspect in this case was arrested near the Spokane school.  Under Washington law, there are additional penalties for drug crimes that occur in school zones.  As a criminal defense lawyer, one of the things I would ask is who came up with the idea of meeting at a school.  In some instances it will be the idea of the police to have the suspect meet at a certain location.  I once had a case as a defense lawyer where I interviewed a drug informant, and he admitted that he and the police set up a deal to go down in a school parking lot (after the school was closed) to attempt to get a school zone enhancement.  The police officer in question denied this.  In this case, testimony from actual children who purchased the marijuana would be quite damning, but that might not be the case.  As you can see from the article in the Spokesman-Review, the Spokane police made photographs of the arrest available to the press as well as video footage.  Our government has a long history of manipulating the location of drug deals for dramatic effect in the news media.  In 1989, President Bush held a news conference and held up a bag of crack cocaine that he claimed was purchased at Lafayette Park right near the White House.  He used it as a prop in an anti-drug speech to dramatize how easy it was to buy drugs in the nation’s capital.  But later the DEA agents had to admit that it was their idea to meet at that park, and in fact the defendant didn’t know where the park was and he had to ask for directions.  See source.  In our system, it is the job of a criminal defense lawyer to ferret out the truth behind such things.

What roll did the police or informant play in the selection of the location in this Spokane case?  It will be interesting to see how this case turns out.

By Attorney Steve Graham

You would think that if you were facing a charge as serious as capital murder, you would want to listen to your attorneys.   Well, in the Spokane murder case of State v. Christopher Devlin, the defendant apparently rejected the advice of his lawyers and beat the death penalty anyway.   Devlin is accused of murdering a witness who was expected to testify against him in an earlier assault case.  Devlin rejected the advice of his lawyer and refused to waive the thirty day notice required to seek the death penalty.  A defense lawyer will often seek to waive this to have more time to prepare a defense to the death penalty.  The State did not turn over their evidence in time, and the judge dismissed the death penalty allegation as a sanction on the prosecuting attorney.  See story.  The charge of aggravated murder still stands, and the defendant could still face a possibility of life in prison.  How does a defendant educate themselves on how to defeat a death penalty charge?  A grad-student from Massachusetts has published an online guide on eHow.com of all places.  See site.

Anyway, I am sure the defense lawyers breathed a sigh of relief when the death penalty allegation was dropped.  And it may be the case that the prosecutors breathed a sigh of relief too.  It was never really clear whether the alleged offense took place in Stevens County or Spokane County, and neither county wanted to bear the incredible expense of conducting a death penalty case.  See news segment below. The Stevens County Prosecuting Attorney, facing budget problems, flat out stated that he did not want the case. The defense lawyers wanted it moved out of Spokane.

Post by Steve Graham, Defense Lawyer.

I have blogged in the past about the Oxycontin robbers of Spokane and vicinity – see “String of Oxycontin Robberies”, “Challenge to Robbery Suspects” and “Robberies of Pharmacies“.  The legislature and local law enforcement seem to be at a loss as to how to control these crimes.  The idea was floated last year of increasing the penalties for pharmacy robberies.  When I called an acquaintance who works with the legislature, she told me that increased penalties were off the table.  The state was broke and the prisons were full.  As we know the State is closing prisons because of the budget deficit.

There was a good opinion piece in the newspaper today by Jamie Tobias Neely about some other drug related cutbacks.  Neely, who teaches at Eastern Washington University, wrote here about how recovering addicts were getting kicked out of the methadone program because of cutbacks.  I guess I had heard about the proposed cuts in the county’s methadone program last summer, but hadn’t heard the latest.

When Oxycontin robberies are covered in the press, you can tell by reader comments how the public feels about the subject.  There is no understanding about the nature of addiction, and the comments simply cry out for longer prison terms.  Some people are amused by what they perceive as the stupidity of the robbers.  The fact that the addicts are desperate is lost.  Last year, an Iraq War vet in Spokane robbed a store for Oxycontin.  Others have robbed for methadone.   Take a look at all the articles in the Spokesman-Review tagged with the term “Oxycontin“.  The stories in the aggregate make clear what can be missed by just reading one story at a time.  The addicts come from all walks of life, they often led productive lives prior to addiction, they often get started when the drug was prescribed, and they were so sick at the time of the robbery that no anticipated prison sentence would likely deter them.

Jamie Tobias Neely tells the rest of the story.  Addicts are getting kicked out of the methadone program and on to the street due to budget cutbacks that are penny-wise and pound-foolish.  Although it is possible to get a methadone prescription from a doctor, many doctors are obviously apprehensive about dealing with opiate addicts.  The Spokane methadone program requires urinalysis testing, and offers counseling.

Washington State anticipates having to close prisons,  and Spokane just laid off a number of prosecutors and public defenders.   When the addicts are kicked out of the methadone program who will be around to handle the court cases?

Idaho has had a new rash of hate crimes in the last year.  Last Friday, Brittany Edelblute’s Subaru was spray painted with swastikas.   In an article in the Spokesman-Review this morning, it was explained that Brittany Edelblute was apparently targeted because she has friends who are African-American that come by her house.  She has had a problem with people shouting racial slurs while they drive by.   A photo of her damaged vehicle is online here.  I blogged about a similar incident last month against Haitham Joudeh here and here.   In the news coverage last month in the Coeur D’Alene Press, the comment section was full of hateful comments.   The whole story was later taken down.  This time, the Coeur D’Alene Press did not post a story online about the crime against Brittany Edelblute.   Last month, a majority of the people making comments online accused Haitham Joudeh of vandalizing his own car just to get sympathy.

Why does this stuff always happen in North Idaho?  I don’t think it is just happenstance. It seems that the people in power over there inadvertently foster such behavior by their own actions.  Look at the shabby way Kootenai County Commissioners Rick Currie, Todd Tondee and Richard Piazza treated Haitham Joudeh.  Haitham Joudeh, an Idaho native of middle-eastern descent, sought a building permit.  The local Planning Department did not object to the project.  In addition, after a lengthy public hearing where all sides were held, the Hearing Examiner Rebecca A. Zanetti recommended that the permit be approved.  But neighbors put together an anti-Joudeh rally against the applicant, and the county commissioners bowed to pressure and rejected the permit.   Haitham Joudeh complained that during the rally and the public hearing, many negative comments were made about his religion and ancestry.   Commissioner Rick Currie is a member of the Mica Grange, the group that allegedly held the anti-Joudeh rally.   Currie boasts of his membership to this group on his re-election website.

I have done a fair amount of land-use law in my practice, and it sure seems strange that the county commissioners would not approve a permit when the experts did not see a problem with it.  And if the commissioners are affiliated with groups opposing the permit, they have a duty to step down and appoint a neutral decision maker.

I hope that journalists start to look at this problem in North Idaho as a whole.  A business owner who faces discrimination in the permitting process is not as quick and easy to write about as spray-painted swastikas, but the story deserves attention.   When county commissioners and civic groups foster an attitude 1) that is suspicious of outsiders, 2) that applies different standards to newcomers, and 3) when they do not sufficiently condemn the bigoted statements of their constituents, they inadvertently create an atmosphere that allows the incidents of street vandalism to flourish.

What do you think?  Why do you think these incidents of vandalism and swastikas have occurred?  Brittany Edelblute expressed frustration that the police officer asked her if she wanted to “press charges” over the incident.  Why do you think the officer asked that?   What are the advantages of remaining silent?  Last month the comments to the articles online often attacked Haitham Joudeh.   Will the newspapers better enforce their guidelines for posting comments?

What do you suppose the Coeur D’Alene Chamber of Commerce thinks of all this?  Does Coeur D’Alene want to be known as a first-class vacation destination or a backwater struggling with frequent hate-crimes.   The article in the Spokesman-Review quotes an official who seemed to think that the solution is in law-enforcement?  Is this correct?   Take a look at an interesting article explaining the position of the NAACP leader V. Anne Smith on the issue of hate crimes in Spokane.  (See article).   How would this advice go over in Coeur D’Alene?

I know it is an off year for elections, but there are still good election battles going on.  Let’s start with the Grant County prosecutor race.  It all started when Grant County Prosecuting Attorney John Knodell decided that he wanted to run for judge last Fall.  He ran for Ken Jorgensen’s seat.  When Knodell was elected judge, he resigned from his job as prosecutor in the middle of his term.  The commissioners then appointed Angus Lee for the position, who I blogged about in an earlier post.   Angus Lee is a charismatic, 30-something Iraq war vet who was working in District Court prosecuting such cases as DUI and assaults.

Angus Lee

He was interviewed by the Grant County Commissioners, and must have charmed them because he was selected over several more experienced deputy prosecutors.  Angus Lee faces a electoral challenge from Albert Lin, an amiable ’97 Syracuse Law grad with lots of felony trials under his belt.

Albert Lin

Things got interesting when retired judge Ken Jorgensen weighed in on the political race in a letter to the editor.  Jorgensen attacked Angus Lee as inexperienced, asking “Would you hire an attorney who had no courtroom experience to represent you in an important trial?  Grant County interim prosecuting attorney Angus Lee has only been in the county for little over two years. He was admitted to the Bar in July 2005 and hired by Grant County in 2006. He has never tried a felony case in Superior Court. He has not even tried a case in Superior Court since he was appointed.”  It is true that Angus Lee is a pretty recent law school grad, but his education was delayed while he served in Iraq.

The voters seem to be turning a deaf ear toward Jorgensen, because Angus Lee was ahead in the primary.   Now that he is retired, I will say that Jorgensen seemed to get a little ornery as time has gone on.   The last time I had a case in front of him in Grant County, he became annoyed at me when I requested color copies of crime scene photographs, as opposed to black-and-white photocopies.  Ooooookay.  As to Angus Lee and Albert Lin, I have worked a little with both, and both would seem to do a good job.  The election contest has lit up the blogs down there, see for example Grant County PowerNet.

Meanwhile, up in Omak, Washington, we are witnessing an election battle for city council between Chris Thew and Nattalie Cariker.  Thew is a former reporter from the Omak Chronicle, and I enjoyed his news stories there.  He really seemed to try to cover all perspectives.  Reporters would seem to have good qualifications for running for city council.  They often sit through meetings, and are probably well versed on the Open Public Meetings Act, and Public Record Act.   Nattalie Cariker also knows a little something about the law, having worked as a police officer for the city of Brewster, and having studied criminal justice at WSU.  A big function of any city government is working with the police department.

Up in the city of Republic, retired-attorney Alexander Wirt faces a city council election challenge from Larry Heming.

An issue before the Republic City Council is the over-population of tame deer. Feeding the deer is illegal; allowing them to come forward and sniff an apple is not.

Alex Wirt ran for Ferry County Prosecuting Attorney against me in ’98, and against other opponents in ’02 and ’06, but he never won.   He gave up his bar license when he retired, so he does not appear to pose an election threat against the current Ferry County Prosecuting Attorney Mike Sandona.  Mike Sandona faces re-election next year.  See earlier post.

In Spokane, lawyer Bryan Whitaker is taking on Tracy Staab for judge.

Bryan Whitaker

Bryan Whitaker is an attorney in private practice who also works as a pro tem judge.  He has highlighted the fact that he is actually a resident of the city of Spokane, while the incumbant Tracy Staab lives outside the city limits.  There is no requirement in the city code that a judge live in the city, but as a matter of Spokane pride this issue seems to have captured people’s attention.  The Spokesman-Review ran an editorial endorsing Tracy Staab and opining that the residency of the candidates should be a non-issue.  However, in an otherwise slow election year the Spokesman’s reporters continue to cover the debate on this issue.

Tracy Staab

The issue has dragged in other city officials who have been quick to get involved, including Bob Apple, who characterized Staab as a “carpetbagger” in an email.  Jim Camden wrote an opinion piece correcting his use of the term.   Tracy Staab has highlighted the fact that she received a higher rating from the Spokane County Bar Association, and has a broader array of support from sitting judges.

The job Staab and Whitaker are running for is the position of Municipal Court Judge.  The only criminal court cases that a Municipal Court Judge hears are misdemeanors and gross misdemeanors such as DUI, simple assaults, petty theft, and possession of small amounts of marijuana.  Both candidates have broad experience in their background including work as a prosecutor and as a criminal defense lawyer.

What are my predictions for the ’09 election year?  That would put the winners as Angus Lee, Chris Thew, Larry Heming, and Tracy Staab.  Time will tell.

As always, I welcome everyone to post comments, but please limit input to constructive, thoughtful comments.

The September 23rd the Omak-Chronicle ran a story covering the first court hearing in U.S.A. v. Kevin I. Pakootas in Federal court in Spokane.   Kevin Pakootas is charged with Second Degree Murder for allegedly killing his wife in Inchelium, within the Colville Indian Reservation.  He is also charged with Attempted Murder of a second individual.  The Omak-Chronicle explained that the Federal court “… refused a furlough request by Pakootas to attend the funeral [of his wife]“.

I am not sure what the readers of this article made of this request.  I checked the records in the federal court house online, and a furlough request was in fact  made on 9-15-09.

I have noticed that furlough requests for funerals are often made and are often granted in Tribal Court, whereas such requests in State court are far less common.    I once represented an individual charged with attempted homicide in Tribal Court, and the defendant directed me to try to get a furlough for his uncle’s rosary.   The court granted the furlough on the condition that I personally drive the defendant to the funeral and back.  I picked my client up in Nespelem at the Tribal jail and drove him to the rosary in Inchelium and back in one evening.  My client was grateful.  My client was later acquitted of all charges.  When I tell this story to attorneys who do not practice in Tribal Court, they are often surprised.   In someways, Tribal Court is much tougher on conditions of release pending trial.  It is more common for defendants to be held without bail in Tribal Court.  In State Court, Article I, Section 20 of the Constitution prevents judges from holding clients without bail on all cases except capital offenses.

Despite the different traditions in Tribal Court versus Federal Court, I do kind of wonder about a request for a defendant to attend the funeral of an alleged victim.  I would imagine that would be denied pretty much universally.

The Spokesman-Review  ran a story Thursday raising questions about the way an attorney for the city, Rocky Treppiedi, has gone about defending the lawsuit filed by the relatives of Otto Zehm.    The attorney is defending the city of Spokane from a lawsuit filed by the relatives, while at the same time federal prosecutors are investigating and prosecuting Officer Karl Thompson who was involved in the death of Zehm.  (See earlier related blog post).    The Spokesman-Review reported that Treppiedi has been accused of “gleaning information from police and civilian witnesses called to testify before the federal grand jury and then [feeding] that information to  Thompson….”   And that this occurred even after the Spokane Police Chief imposed a gag order on her employees.   Treppiedi is not a police department employee.  At this time, it is not entirely clear how this was inappropriate.  The city attorneys will have a chance to respond in writing to this allegation, which was apparently brought by an attorney in the criminal case.  The attorney has been accused of taking a heavy-handed approach to defending the city, and the Otto Zehm case raises interesting questions of what a city attorney’s job is when defending allegations of police misconduct.  

While I understand the charges against the police, I don’t understand how the city attorney has come under so much fire.   When government employees mess up, even in a big and public way, it is still the city’s job to try to defend the matter.   After the city was sued, the city filed a formal response to the suit as required by law.  The response took the position that the officers’ response and their use of force was justified by the actions of Otto Zehm on the night in question.  The Spokesman-Review reported on this in a story entitled: “Zehm to blame for fight with officers, city says”.   The story explains how the Treppiedi’s response took the position that any use of force against Zehm was justified because Zehm resisted arrest.  When I read this at the time it seemed like the city attorney was just doing his job.  It is his job to defend the actions taken by the officers on that night in question, and he is really just the messenger.  Attorneys have clients to defend.  For some reasons this seems to be better understood by the public when an attorney is representing a person accused of a crime, rather than a governmental agency in a civil suit.

Spokane City Councilman Bob Apple criticized the way that the city defended the Zehm lawsuit.  (Listen to interview.)  He described the city’s position as an attitude of basically, ‘We’re not responsible and this life [Zehm's] isn’t worth anything.”   He is correct that the city is denying responsibility, but when I read the entire response the city filed, I did not see the city attorney say or even suggest that Otto Zehm’s life was not worth anything.

I saw a letter to the editor Friday from Karen Dorn Steele, a former reporter for the Spokesman.   She criticizes Treppiedi, and complains about a lot of things he has done in the past that she does not like.  Fair enough.  But then she writes: “A city attorney is supposed to represent the public interest, not a few rogue elements of the police department.”   Unfortunately, the city attorney has to do both.  He has to vigorously take the position that the police acted reasonably, and the other side takes the position that the police did not.  And then the jury makes the decision.  In this case, it would not surprise me if the city is found to be liable for a million dollars or more.   But if the city is to be found liable, the public needs to know that the city did its best to minimize the damage.  You would hope that when a person is harmed by the government that the government would try to resolve this outside of court for fair compensation.  However, these discussions are rarely made public, so it is really hard to say if the city is playing hardball in this case.

Relations between the city attorney and the Spokesman-Review are not helped by the fact that Treppiedi once referred to the paper as the “local fishwrap”.  See story.   The city attorney made this statement in an email to Mayor Jim West when West faced a scandal involving sex with a high school  student.  Treppiedi told West: “Mr. Mayor – hang in there – the local fishwrap is out to sell papers, and you’re out to serve citizens.”  While it is a city attorney’s job to defend the actions by city employees, it is also his or her job to try to prevent any misconduct from happening again, and to minimize damage.    A city attorney’s job is to tell the city bluntly how the employee messed up and to work with city leaders how to prevent the problem from happening again.  But again, this is all out of public view.  I guess in the instance of his email to West, the city attorney may have been better off telling West to resign, or at least saying nothing.

I once had the chance to assist in defending a government from allegations of police misconduct.  The lawyer from the insurance company (who was paid buy the hour) did not want to tell the police the truth about how they messed up, and did not want to make any settlement offer at all.  This made him very popular with the police, but actually did the police a disservice by not helping them learn from their mistake.  I let the insurance company know how I felt.

I hope that the public doesn’t forget about the broader issues of police accountability.  Sometimes there is a highly publicized excessive force case, and people forget about the smaller cases.  Rodney King, for example, was assaulted by the police,  and received a settlement of 3.8 million.  But I am sure there were less sensational cases of police abuse where the victims could not even find an attorney, much less receive compensation.  The public deserves a police ombudsman with sufficient powers to curtail the problem.

On Monday, I did a jury trial in Spokane where a man was accused of assaulting a police officer.   The police officer tazed my client several times.  Under the police guidelines, an officer cannot use the taser unless facing “assaultive” conduct.  I suspected the police alleged that the “assault” occurred in order to justify (after the fact) the amount of force that the police used on him.  The officer testified well and seemed very credible.  The next day an independent witness came forward and stated that, unbeknownst to the officer, she had witnessed the whole incident through  her blinds.  She did not see the defendant assault the officer, and the jury believed her.

I read in last Sunday’s Spokesman-Review of the steps many pharmacies were taking to stop oxycontin robberies.  Then three days later, I read about another Spokane oxycontin robbery.  For those of you haven’t followed the news, the precise problem is addicts going into  pharmacies with a weapon demanding oxycontin pills.  Sometimes, a robber merely pretends to have a weapon or simply writes a threatening note.  According to news reports, Washington State leads the nation in oxycontin robberies.  See story.  A typical oxycontin robbery job goes something as described in this police wanted photograph.  

I am sure this is not fun for the store employees.  Prior to oxycontin coming on the market, I don’t really remember ever hearing too often about pharmacy robberies.  There just is something about oxycontin pills that drives the addicts crazy in a way that morphine or percocet does not do.  The Walgreens in Spokane made national news last week when they announced the problem of oxycontin robberies was so bad in Washington that they were placing special time-delay safes in all stores.  The safes take several minutes to open – the idea being that a robber is not going to stick around for ten minutes or so.  I wonder about this idea.  What pharmacy clerk really wants to break the news to a drug-crazed armed robber that they have to wait ten minutes?  If I were a clerk I would rather just have a bottle handy  right there by the counter I could toss in a hurry.   Drug-crazed robbers are dangerous, and Seattle robbery Detective Mike Magan explained: “I’ve always said the person who commits pharmacy robberies for oxycontin is the most dangerous person you’ll come up against…”.  (See story).   To combat oxycontin robberies, the Seattle police department provided a tracking device to a pharmacy to put in with the oxycontin  should a robbery occur.   (See story.)  The man they caught was suspected of committing 16 pharmacy robberies.

In response to such robberies, the elected prosecutor from King County, Dan Satterberg, is pushing the state legislature to increase the penalties for these oxycontin robberies.   The Washington Retailers Association is also supporting this.  I won’t argue against such ideas, but I would encourage our legislatures to remember how we got into this mess in the first place.

How about the pharmaceutical company Purdue-Pharma that invented and mass-marketed oxycontin?  The company agreed that it committed a felony when it marketed oxycontin and hid how unsafe it was.  The company faced 600 million in fines after it plead guilty, but how come the executives never went to jail?  (See news reports).  According to a story in the New York Times, “…Purdue Pharma contended that OxyContin, because of its time-release formulation, posed a lower threat of abuse and addiction to patients than do traditional, shorter-acting painkillers like Percocet or Vicodin.”   Lower threat then Vicodin?  This false claim by Purdue Pharma was the center of their aggressive marketing campaign.  Just a few years after the drug’s introduction in 1996, annual sales reached $1 billion.  According to the above mentioned article, “Purdue Pharma heavily promoted OxyContin to doctors like general practitioners, who had often had little training in the treatment of serious pain or in recognizing signs of drug abuse in patients.”  The story continues: “…both experienced drug abusers and novices, including teenagers, soon discovered that chewing an OxyContin tablet or crushing one and then snorting the powder or injecting it with a needle produced a high as powerful as heroin. By 2000, parts of the United States, particularly rural areas, began to see skyrocketing rates of addiction and crime related to use of the drug.”  Although drug companies often can’t predict the consequences of their products, Purdue Pharma had to admit that they deliberately concealed the harmful effects of its drug.

Although the company had to pay $600 million in fines, the profits from the sale of oxycontin were about four times that much.   Purdue Pharma had a lot of money to hire lawyers, and when they were being investigated they hired Rudy Guilliani to try to use his influence to get the DEA to back off.  Guilliani accepted several million dollars for this service.  See story.  Guilliani went to see the local Virginia prosecutor that was going after Purdue Pharma, and the local prosecutor ultimately agreed that the three executives would not have to do jail time.  See story.  So while I am not really happy that drug addled nitwits are robbing our state’s pharmacies, I am troubled by the unfairness of a system that allowed the executives who created this mess to get off without any jail time.  The judge who handled the sentencing of the executives felt the same way.  He explained that the the lack of jail time for the executives was the “most difficult” part of accepting the plea deal.  Protesters outside the court house were angry that the executives were getting off so lightly.  Many protesters had lost loved ones to accidental overdoses of the drug.

This poster was held by a woman protesting the light sentences for the executives. Her 17-year-old daughter died of an overdose of just one pill of this supposedly "safer" pill.

You can see why the family members of people hurt by oxycontin would be upset by the court system.

What responsibility does Purdue Pharma have as to all the oxycontin pharmacy robberies in this State?  Not much apparently.  According to the Spokesman-Review last week, the company that has made 2.8 billion on this drug was offering just a measly $1,000 reward for the latest robbery.

You really have to wonder about the way drug companies market these prescriptions.   The latest problem is the practice of drug companies writing articles about how great their latest drugs are and then finding a doctor to submit the article to a publication.  The article then makes no mention of the fact that the article was not really written by the particular physician.  With oxycontin, Purdue Pharma would market oxycontin by getting in good with doctors with free trips.  Purdue Pharma would pay for the transportation and hotel costs for hundreds of doctors to attend weekend seminars in spots like Florida to discuss pain management.  Doctors were then recruited and paid to speak to other doctors at some of the 7,000 ”pain management” seminars that Purdue sponsored around the country.  The seminars  taught the importance of aggressively treating pain with the powerful drugs made by Purdue Pharma.

I find it highly annoying that all the discussion of these oxycontin robberies ignores how we got into this oxycontin disaster to begin with.  As seen in the wanted poster above, going after a drug addict in a hat and hooded sweatshirt is pretty easy.  They look guilty, and you can score political points by being “tough on crime”.    All of the police detectives, prosecutors, politicians, defense lawyers, legislators, probation officers and judges of Washington State coping with this problem are really just janitors cleaning up a mess left by powerful forces of money and power and influence back East.