Bizarre prosection

[KaeZoo]

I keep looking for the "more to the story" that explains why this guy is being prosecuted.

The story: Police found his bread truck illegally parked and searched it. Inside, they found "a small amount" of marijuana, and 58 Vicodin pills.

Based on the amount of Vicodin found, they charged him with drug trafficking (much more serious than a possession charge) even though they didn't contend that he was selling them or providing them to anyone else. He was convicted and sentenced to 25 years, of which he's served almost two.

Here's the kicker: the jury wasn't allowed to hear that the guy obtained the pills legally, through a prescription. Prosecutors somehow contended that he was a drug trafficker even though he didn't break any laws in obtaining the drugs, had a valid reason for using them and wasn't providing them to anyone else.

Recently an appeals court overturned the conviction and set him free. Currently he's out of jail, but homeless and broke. He sold his business, home and vehicles to finance his appeal, but the state seized the assets to apply toward his $500,000 fine.

And now, prosecutors have decided they're going to try him again.

[Caveat Emptor]

It seems HE should have an *excellent* case to sue the DA for wrongful prosecution!

[Dreamstalker]

Huh...wha?! The fact that he did have a valid prescription was conveniently left out of the proceedings...and the judge didn't ask. Or did they, and the prosecution somehow dodged the question.

I'd say he has a very good case.

Geez, based on that load of horsepuckey I'd be a trafficker on the basis that I get my BCP scrip 3 months at a time just because it's easier for me. 80 Vicodin to last 8 months really isn't an unusual amount, depending on how often he had to take it.

Can they actually search a vehicle for just being illegally parked? That sounds fishy to me...

[ReadyToRetire]

This whole thing doesn't make sense.

Why didn't his defense attorney bring up the fact of the prescription? Was he doing drugs instead of his job?
He was found guilty and then the verdict overturned and they ordered a new trial. I would think double jeopardy would apply here. He can't be tried again.

[KaeZoo]

It's not really clear from the news stories just how the jury was instructed. The judge, prosecutors and defense attorneys all knew that he had the pills through a prescription. I don't know whether the jury wasn't allowed to hear that he had a prescription, or whether they were just instructed not to consider the prescription as a valid defense.

According to the prosecution, a prescription "is not a defense" to a charge of drug trafficking, and in Florida a trafficking charge can be based just on the amount of drugs found; they don't have to prove he planned to sell them. If the jury wasn't allowed to consider whether or not he obtained the drugs legally, then basically their job came down to "was this person in possession of more than X amount of Vicodin?". If the answer = Yes, then off to jail. Of course, unless Florida has some draconian minimum sentence statutes, I can't understand why the judge would sentence him to 25 years if he was in possession of all the facts. I think some judges and prosecutors are inclined to bring the hammer down on anyone who refuses a plea deal (which this guy did).

As far as double jeopardy is concerned, there's a difference between having a conviction quashed and being aquitted. His drug conviction no longer stands, but he hasn't been aquitted yet, so the state can try him again. It's just mind-boggling that they would decide to, unless there's something more going on that we're not being told about.

[AFpheonix]

58 vicodin isn't that much at all. We've been known to dispense 3 times that if not more per month to some people on pain contracts.