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veggie
Registered: 07/25/04
Posts: 17,504
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After 2 years in prison, a man is free ... maybe
#7262227 - 08/05/07 01:10 PM (16 years, 8 months ago) |
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After 2 years in prison, a man is free ... maybe August 5, 2007 - tampabay.com
TAMPA - Prosecutor Darrell Dirks couldn't help but be suspicious.
He had offered Mark O'Hara an out on a 25-year prison sentence. All O'Hara had to do was tell prosecutors the truth about why he had 58 Vicodin pills in his possession.
But O'Hara, a bread business owner from Dunedin, wouldn't cooperate. Three years in prison didn't sound like a deal, given that a doctor had prescribed the pills.
He took his chances at trial and lost.
An appellate court overturned the drug trafficking conviction last month, two years after O'Hara went to prison. The court said the trial judge should have let O'Hara's lawyer tell jurors that it's legal to possess Vicodin with a prescription.
Now, O'Hara waits for prosecutors to decide whether they will retry his case.
In their minds, O'Hara's stubbornness sent him to prison.
O'Hara's attorneys say he had no other choice.
* * *
Last year, the Hillsborough State Attorney's Office filed drug trafficking charges against 626 people. Prosecutors say an increasing number of trafficking cases involve painkillers.
"It's a big problem," said Dirks, who supervises drug prosecutions. "People are dying from these overdoses at an alarming rate in Florida."
Vicodin, the brand name for the painkiller hydrocodone, is widely prescribed and abused. Prosecutors say a single pill can sell for $40 on the street. When mixed with other drugs, it makes for a dangerous cocktail.
Part of a prosecutor's job is to distinguish between drug abusers and drug peddlers. Abusers are more likely to be shown leniency, especially if they expose their dealers.
Dirks said he still doesn't know which category O'Hara, 45, belongs in.
O'Hara drew the notice of Tampa airport police on Aug. 2, 2004, after he circled the departure area three times and then abandoned his bread truck in a no-parking zone.
O'Hara said he had dropped off a friend but didn't know her last name. Authorities never found her.
They did find partially smoked marijuana cigarettes and unmarked pill bottles in the truck. One bottle contained 58 hydrocodone pills, a trafficking amount under state law.
In the 1980s, O'Hara had served time in Florida prisons for trafficking in cocaine, possessing a hallucinogen and tampering with a prosecution witness.
This time, police had no evidence that O'Hara sold or delivered any of the pills. But drug trafficking laws require only possession for an arrest.
* * *
Two months before trial, O'Hara's attorney, Christie Pardo, alerted prosecutors that she would call his two doctors and pharmacist as witnesses.
No one ever took depositions of the medical professionals.
Prosecutors didn't expect, or want, to take O'Hara's case to trial, Dirks said. If O'Hara truly had pain management issues, a plea agreement seemed in order.
They offered O'Hara three years in prison if he would explain his prescription drug problem.
O'Hara turned them down.
Right before trial, Dirks said, he tried again. This time, he offered to reduce the charge to one count of drug possession and leave sentencing up to the judge. O'Hara could have received as little as probation, Dirks said.
Again, O'Hara refused. Dirks grew more skeptical.
"Under the circumstances, I presume there is a reason he doesn't want to talk to us," Dirks said. "If you're not going to help us, we cannot help you."
The case went to trial on Aug. 3, 2005.
O'Hara's doctors, Joseph Sena and Mitchell Checkver, testified that they had treated him since the early 1990s for pain resulting from gout and injuries he sustained in an auto accident. They had prescribed him hundreds of Vicodin pills over time.
Checkver said that he prescribed O'Hara 40 hydrocodone in December 2003 and 40 more in May 2004, when O'Hara complained of anxiety and lower back pain.
The trial took less than six hours. Jurors convicted O'Hara of trafficking and marijuana possession.
But why was it illegal for O'Hara to have 58 pills if 80 had been prescribed to him in the eight months before his arrest?
On appeal, the Attorney General's Office argued that Florida has no "prescription defense" for defendants who have a trafficking amount of a controlled substance.
The 2nd District Court of Appeal disagreed.
State Attorney Mark Ober said his prosecutors acknowledged that O'Hara had a valid prescription at one time. His actions became criminal, Ober and Dirks said, when O'Hara didn't tell one doctor about the other and sought more pills than he reasonably needed.
* * *
O'Hara called Ira Berman from jail. Berman, a veteran trial lawyer based in St. Petersburg, had represented him on past legal matters, and now O'Hara wanted him for the appeal.
When O'Hara explained that he had been convicted despite the prescriptions, Berman thought it wasn't possible.
"He did something stupid, but it's still his own pills," Berman said.
This was serious stuff. In Florida, convictions for trafficking in certain pain medications carry minimum-mandatory sentences. The greater the quantity of drugs a person has, the longer the required prison term.
He knew that O'Hara faced 25 years.
Berman fired off a letter to Dirks and asked to meet before sentencing.
The two attorneys' opinions differ on what happened next.
Dirks, tough but rational, is the go-to guy for defendants seeking a waiver of the minimum-mandatory sentence. To get one, trafficking laws require them to provide prosecutors with "substantial assistance."
After O'Hara's conviction, records show that Dirks offered O'Hara immunity if he sat with authorities and provided information about where he got the pills and what he used them for.
Dirks said O'Hara backed out, claiming he would waste law enforcement's time because he had no knowledge of drug traffickers.
Berman said he and his client became uncomfortable with plans for the meeting because Dirks was trying to make his client snitch.
"You don't have someone do substantial assistance who is not criminally responsible," Berman said.
On Oct. 5, 2005, Berman argued for a new trial. He said Circuit Judge Ronald Ficarrotta erred in refusing Pardo's request for jurors to be instructed that it is legal to possess Vicodin with a prescription. He predicted the appellate court would overturn the conviction.
He also tried to convince the judge that the case never should have gone to trial.
Motion denied.
Berman's partner, W. Thomas Wadley, filed an appeal. In it, he complained that O'Hara had suffered a "monumental injustice" at the hands of "deceitful" prosecutors and a "somnambulate" trial judge.
During the next year, Berman tried twice more in letters to Ober to get a reprieve for his client. He called the State Attorney's Office three times. He didn't get a response, he said.
Dirks said there wasn't any point.
"If you're not willing to sit down with us and give us the scoop, that's a deal breaker," he said.
The 2nd District Court of Appeal heard oral arguments in August 2006.
Appellate judges took 11 months to overturn the conviction.
By July 25, a week later, prosecutors had retrieved O'Hara from his Dixie County prison and gotten him released from jail.
Berman calls the state's recent efforts disingenuous. O'Hara, who is not married and has no children, could not be reached for comment last week. He is "angry, very angry," his attorney said. He's also "relieved and thankful."
"My question is: Why now?" Berman asked. "No one cared about him."
Dirks acknowledges that leaving out the jury instruction was a mistake but says Pardo did not put her request in writing and sprang it on prosecutors late in the trial. Pardo could not be reached for comment.
A status hearing on the case is set for Wednesday.
Dirks bristles at the suggestion that O'Hara was treated unfairly.
"The door was open before, during and after the trial," he said. "Mark O'Hara wanted a free pass. We don't give free passes."
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2859558484
Growery is Better
Registered: 01/10/06
Posts: 8,752
Last seen: 3 years, 7 months
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Re: After 2 years in prison, a man is free ... maybe [Re: veggie]
#7262274 - 08/05/07 01:26 PM (16 years, 8 months ago) |
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Quote:
Vicodin, the brand name for the painkiller hydrocodone, is widely prescribed and abused. Prosecutors say a single pill can sell for $40 on the street.
thats where I stopped reading.
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usefulidiot13
Dark Passenger
Registered: 05/22/07
Posts: 11,583
Loc: Death From Above
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Re: After 2 years in prison, a man is free ... maybe [Re: 2859558484]
#7262331 - 08/05/07 01:45 PM (16 years, 8 months ago) |
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haha i laughed out loud at that quote
its 40 bucks for 8 tens...
NOBODY would EVER pay 40 bucks for ONE hydrocodone tab...that is the biggest load of bullshit ive ever seen
they think they are so smart about "street drugs"....they are obviously beyond retarded...
-------------------- What Would Dexter Do?
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SunshineDaydream
Journeyman
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Loc: OK
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Re: After 2 years in prison, a man is free ... maybe [Re: usefulidiot13]
#7262480 - 08/05/07 02:26 PM (16 years, 8 months ago) |
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hahaha ohhh shit! 40 bucks for a tab. i WISH! damn i'd be selling the shit out of them!
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The Crow
Stranger
Registered: 04/03/07
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Re: After 2 years in prison, a man is free ... maybe [Re: SunshineDaydream]
#7262505 - 08/05/07 02:33 PM (16 years, 8 months ago) |
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I think a legal market should be created for ALL drugs. That way it will be safer for people whu use them. People wanna get high using painkillers? Let em. Create a safe place for them to be purchased, as well as a place that provides help, counseling, guidelines how to use them, how much to take, etc.
I dont undertsand why people who like to get high are considered criminals.
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Le_Canard
The Duk Abides
Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1
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Re: After 2 years in prison, a man is free ... maybe [Re: veggie]
#7262540 - 08/05/07 02:45 PM (16 years, 8 months ago) |
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That's outrageous. I hope he sues the hell out of the state for that.
Edited by Le_Canard (08/05/07 06:17 PM)
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fapjack
Title
Registered: 07/26/07
Posts: 16,574
Loc: Central New Jersey
Last seen: 4 years, 1 month
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Re: After 2 years in prison, a man is free ... maybe [Re: Le_Canard]
#7262718 - 08/05/07 03:38 PM (16 years, 8 months ago) |
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Its pretty rare that I read that type of stuff and get pissed off, but that really angers me. Say what you will about drug dealers, or even people that are breaking the law to obtain drugs, but this guy was 100% legal. I wonder if this prosecutor is either stupid, or just an asshole. I'm guessing its a bit of both.
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pabloescabar
Stranger thanyou
Registered: 05/02/07
Posts: 383
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Re: After 2 years in prison, a man is free ... maybe [Re: fapjack]
#7262836 - 08/05/07 04:08 PM (16 years, 8 months ago) |
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it sounds like he was a "doctor shopper" but it was still legal
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Robo
R Series 66Y
Registered: 05/08/07
Posts: 14,861
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Re: After 2 years in prison, a man is free ... maybe [Re: Le_Canard]
#7262848 - 08/05/07 04:11 PM (16 years, 8 months ago) |
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Quote:
ToiletDuk said: That;s outrageous. I hope he sues the hell out of the state for that.
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lipan
Magi
Registered: 09/10/06
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Re: After 2 years in prison, a man is free ... maybe [Re: The Crow]
#7263114 - 08/05/07 05:32 PM (16 years, 8 months ago) |
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Quote:
The Crow said: I think a legal market should be created for ALL drugs. That way it will be safer for people whu use them. People wanna get high using painkillers? Let em. Create a safe place for them to be purchased, as well as a place that provides help, counseling, guidelines how to use them, how much to take, etc.
I dont undertsand why people who like to get high are considered criminals.
ive had a few friends who ended up pretty fucked up later in life because their parents were addicted to pain killers. Pain killers can ruin peoples lives. But, im for people getting a pill every once in a while for fun.
-------------------- Feel free to forget all that I am saying, for the instant these clumsy words spill out of my mouth, they transform into complete lies.
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The Crow
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Re: After 2 years in prison, a man is free ... maybe [Re: lipan]
#7263214 - 08/05/07 06:13 PM (16 years, 8 months ago) |
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Yes, but imagine if there was a sefe haven to prchase painkillers. There would be loads of accurate information, and maybe even brochures
Depending on that person, it would then be recomended how much they take. If it was legal like this, business would thrive, shops would strart competing, and the overall quality of these pills(and shops) will increaes, while the price decreases.
Capitalism is a beautiful thing...
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lipan
Magi
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Re: After 2 years in prison, a man is free ... maybe [Re: The Crow]
#7263276 - 08/05/07 06:33 PM (16 years, 8 months ago) |
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Quote:
The Crow said: Yes, but imagine if there was a sefe haven to prchase painkillers. There would be loads of accurate information, and maybe even brochures
Depending on that person, it would then be recomended how much they take. If it was legal like this, business would thrive, shops would strart competing, and the overall quality of these pills(and shops) will increaes, while the price decreases.
Capitalism is a beautiful thing...
Not exactly, it'll end up be heavily regulated and taxed. on top of that, you're not taking into account the cultural consequences of legalization into account.
-------------------- Feel free to forget all that I am saying, for the instant these clumsy words spill out of my mouth, they transform into complete lies.
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Puck
Stranger
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Re: After 2 years in prison, a man is free ... maybe [Re: The Crow]
#7263282 - 08/05/07 06:37 PM (16 years, 8 months ago) |
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Hillsborough County is FUCKED up.
I recently got arrested there due to having .2 grams and a pipe supposedly in plain view. He wouldn't have been able to see it from where he was standing.
I was stopped in a Gas Station as I was asking for directions and trying to leave because it was a bad part of town. He asked me if I had valid driver's license and I handed it to him. The next thing I know he opens my door and yanks me out of the truck. He then proceeded to throw me against the truck, cuff me, not tell me I'm under arrest and begins searching my car. He found a baggie in my driver's side door compartment, and then his eyes light up as he sees the pipe on my center console. He hadn't seen it until he was in my car. He never told me why he was searching my car until he said "probable cause" after his eyes lit up and he picked up the piece.
He then proceeded to put me in the car, overlooking the fact he had to read me my rights, and took me to jail.
This was my first offense, so I shouldn't have gotten taken in.
It was also three days ago.
I feel for O'Hara, as he is being fucked for bullshit charges like I have been and will be once I appear in court.
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The Crow
Stranger
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Re: After 2 years in prison, a man is free ... maybe [Re: Puck]
#7263289 - 08/05/07 06:39 PM (16 years, 8 months ago) |
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Puck you son of a bitch..... You better fight that in court, or you'll just be another victim of the drug war.
.2 grams? Seriously? C'mon now thats ridiculous
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Puck
Stranger
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Re: After 2 years in prison, a man is free ... maybe [Re: The Crow]
#7263693 - 08/05/07 08:14 PM (16 years, 8 months ago) |
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Oh, I'm getting a damned good lawyer. Don't fucking worry.
That cop is going to get torn a new ass hole.
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DAVID_ALLAN_CEO
Resident Gambler
Registered: 10/29/06
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Re: After 2 years in prison, a man is free ... maybe [Re: Puck]
#7264190 - 08/05/07 09:55 PM (16 years, 8 months ago) |
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Quote:
Puck said: overlooking the fact he had to read me my rights
no he just doesn t have to read rights anymore...
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ledfut
I once jerkedoff w/ bothhands
Registered: 02/22/07
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Re: After 2 years in prison, a man is free ... maybe [Re: DAVID_ALLAN_CEO]
#7265539 - 08/06/07 09:02 AM (16 years, 8 months ago) |
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even still he voiolated the 4th amendment by putting him into custody w/o charging him (i.e. you are under arrest for) and illegal search and seizure.
but this is amerikkka we are talking about.
-------------------- May our only occupation be not having a job. May the only cocktails that we make be molitov. -Johnny Hobo and the Freight Trains
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Puck
Stranger
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Re: After 2 years in prison, a man is free ... maybe [Re: ledfut]
#7269510 - 08/07/07 08:42 AM (16 years, 8 months ago) |
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I don't know. If I wasn't getting a lawyer I'd get jail time and a year's probation.
However they'll see that I have money because of the lawyer I'm getting, so I should probably get off.
That's how our wonderful legal system works...after all.
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