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Invisibleveggie

Registered: 07/26/04
Posts: 13,985
Man to serve life in prison after teen's overdose
    #4188861 - 05/17/05 11:08 PM (11 years, 6 months ago)

Remember Pondman?

Man to serve life in prison after teen's overdose
May 18, 2005 - hamptonroads.com

NORFOLK - A man whose sales of designer drugs over the Internet led to the death of a teenage buyer in upstate New York was sentenced Tuesday to life in prison and ordered to pay $700,000.

David Linder, also known as Dr. Benway, of Arizona was arrested last year as part of a Drug Enforcement Administration operation dubbed "Web Tryp."

After a trial in February, a federal court jury convicted him of multiple drug counts and found him responsible for 18-year-old Phillip Conklin's death. Linder, 52, testified that the drugs he sold were "research chemicals" and not federally banned narcotics.

The prosecutor, Assistant U.S. Attorney Laura Tayman, told jurors that the chemicals were generic equivalents of hallucinogenic drugs such as Ecstasy and Foxy Moxy. Federal law prohibits possession and sale of analogous versions of illegal substances.

The jury convicted Linder of 27 counts, including drug conspiracy and money laundering.

"This sentencing accurately reflects the tremendous harm caused by the defendant's drug trafficking," according to a statement from U.S. Attorney Paul J. McNulty. "It also sends a clear warning of what may happen to anyone who pushes drugs over the Internet."

Linder offered his drugs through a Web site selling landscaping supplies. A hyperlink on the site led to a page titled "Research Chemicals."

Linder's punishment was extra harsh because of Conklin's death from an overdose, authorities said. Linder was also linked to several severe illnesses among individuals who purchased and ingested his drugs.

The investigation into Linder began about three years ago, when Navy investigators discovered two sailors selling designer drugs to Navy personnel and others, typically at rave parties. Court records show that the sailors had purchased the drugs over the Internet from Linder.

The now-former sailors, Richard L. Klecker and Michael D. Wolfe, were convicted along with a third man, Timothy C. Luken, of distributing the drugs locally, and they were sentenced to federal prison.

Linder's lawyer, Charles Burke, said that although his client will spend the rest of his life in prison, barring a successful appeal, the DEA probably saved his life by arresting him. Linder lived in the Arizona desert strung out on drugs and alcohol, Burke, said.

"He never would have survived out there," Burke said.

He added that Linder has no assets to pay the $700,000. The government determined that to be the amount Linder made from selling the drugs. The money would be paid to the government.


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InvisibleZippoZM
Knomadic
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Registered: 06/17/03
Posts: 13,227
Loc: Pongyang, North Korea
Re: Man to serve life in prison after teen's overdose [Re: veggie]
    #4189897 - 05/18/05 05:41 AM (11 years, 6 months ago)

"Linder's lawyer, Charles Burke, said that although his client will spend the rest of his life in prison, barring a successful appeal, the DEA probably saved his life by arresting him. Linder lived in the Arizona desert strung out on drugs and alcohol, Burke, said.
"

i would go after a deputys gun trying to shoot the judge, and hopefully be dead within a minute or 2 after getting sentanced like this...

suicide, what a noble choice for this man....

im damn glad i chose not to get into the RC businesss.......


--------------------
PEACE

:mushroom2:zippoz:mushroom2:



"in times of widespread chaos and confusion, it has been the duty of more advanced human beings - artists, scientists, clowns, and philosophers - to create order. In such times as ours however, when there is too much order, too much m management, too much programming and control, it becomes the duty of superior men and women and women to fling their favorite monkey wrenches into the machinery. To relieve the repression of the human spirit, they must sow doubt and disruption"

"People do it every day, they talk to themselves ... they see themselves as they'd like to be, they don't have the courage you have, to just run with it."


Edited by zippoz (05/18/05 05:42 AM)


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Offlineesin
cheesefondue
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Registered: 11/21/01
Posts: 1,275
Loc: Lysergia
Last seen: 7 years, 16 days
Re: Man to serve life in prison after teen's overdose [Re: veggie]
    #4190113 - 05/18/05 09:24 AM (11 years, 6 months ago)

Quote:

After a trial in February, a federal court jury convicted him of multiple drug counts and found him responsible for 18-year-old Phillip Conklin's death.




A foreign law student's opinion on this:

People, your legal system is falling apart. This is utter and complete disresponsabilization of the individual. It is RIDICULOUS. It goes against everything that i've been taught when studying law.

The individual is no longer an independent, rational, responsible entity. It is considered almost like a robot or an animal which doesn't know what they're doing but does it anyway (instinct?).

Exactly like that lady getting morbid obesity from eating too many burgers and than go file lawsuits against fast food companies.

Get it to change, or people will eventually be taken all their rights, as in the eyes of the law, they aren't individual, rational, responsible entities anymore. All being necessary requirements to be able to have rights and exercise them.

Just not to mention the injustice and violation of equality that premise creates. I mean, car dealers don't go to jail when a car driver hits a wall and dies because he was driving too fast, do they?

That RC case wouldn't even fall under the criteria to be considered negligence in my country's law - unless the vendor did know he was selling the chems to a non-researcher (in which case it MIGHT have been considered negligent murder, but that would be subject to a whole damn LOT of discussion).

That is utterly stupid and worrisome to my eyes. Get that system to change or move the fuck outta there. Someday you might offer someone a glass of lemonade, they choke on it and there ya go spend the rest of your life behind bars (extreme example, but...you get my point).


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Offlineesin
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Registered: 11/21/01
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Re: Man to serve life in prison after teen's overdose [Re: esin] * 1
    #4190129 - 05/18/05 09:39 AM (11 years, 6 months ago)

Not to mention the way in which the Web Tryp op was conducted.

It reeks of bad faith. The DEA was always aware of these vendors selling discussibly legal products for research purposes, and AFAIK never once tried to communicate with these people to let them know they considered their activity illegal. Than one day they go out and arrest them all with no prior warning...

Why couldn't they have told them what they was doing was illegal, before going out and arrest them. It was clear these vendors were selling this stuff because they considered it legal, which is a legitimate interpretation of the american drug law. I'm sure had they been warned they would have stopped their businesses.

It is pretty clear to me that either they wanted to gratuitiously fuck these people's lives, or they wanted to make an impression in the public opinion. Prolly the latter, but that doesn't justify what they did to those people, which in my country and in most civilized nations would be illegal, perhaps even inconstitutional for violation of the Protection of Trust principle.


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OfflineAdamist
ℚṲℰϟ✞ЇѺℵ ℛ∃Åʟḯ†У
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Registered: 11/24/01
Posts: 10,211
Loc: Bloomington, IN
Last seen: 1 year, 9 months
Re: Man to serve life in prison after teen's overdose [Re: esin]
    #4190571 - 05/18/05 01:00 PM (11 years, 6 months ago)

Quote:

Why couldn't they have told them what they was doing was illegal, before going out and arrest them. It was clear these vendors were selling this stuff because they considered it legal, which is a legitimate interpretation of the american drug law. I'm sure had they been warned they would have stopped their businesses.

It is pretty clear to me that either they wanted to gratuitiously fuck these people's lives, or they wanted to make an impression in the public opinion.




I completely agree...


--------------------
:heartpump: { { { ṧ◎ηḯ¢ αʟ¢ℌ℮мƴ } } } :heartpump:


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InvisibleDNKYD
Turtle!

Registered: 09/24/04
Posts: 12,326
Re: Man to serve life in prison after teen's overdose [Re: esin]
    #4190616 - 05/18/05 01:15 PM (11 years, 6 months ago)

Quote:

esin said:
A foreign law student's opinion on this:

People, your legal system is falling apart.




OMG! REALLY?!?! STOP THE PRESS!

Please. We have known this for far too long. Thanks for stating the obvious, though.


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Offlined33p
Welcome to Violence

Registered: 07/12/03
Posts: 5,381
Loc: the shores of Tripoli
Last seen: 3 years, 6 months
Re: Man to serve life in prison after teen's overdose [Re: esin]
    #4191581 - 05/18/05 05:21 PM (11 years, 6 months ago)

Quote:

esin said:
Why couldn't they have told them what they was doing was illegal, before going out and arrest them. It was clear these vendors were selling this stuff because they considered it legal, which is a legitimate interpretation of the american drug law. I'm sure had they been warned they would have stopped their businesses.




Actually most if not all of the RCs being sold were very illegal under the federal analogue act. These people knew what they were doing and were lucky they were in business for as long as they were. I myself was very surprised how long it went on for.


--------------------
I'm a nihilist. Lets be friends.

bang bang


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