Posted on 02/11/2021 8:06:12 PM PST by tbw2
He cracked open a vial of 11 doses with only one patient available.
“According to officials, Gokal told a public health employee about the alleged theft, which led to him being reported. He was soon fired from his position.”
So who is the mysterious reporting person?
The Dr. went to Iraq in 2010 to train doctors. That is a big plus for him!
Lets examine the judges order!
Hmm, the judge lays it out exceedingly well!
2342372
Memorandum Opinion and Order
On January 21, 2021, the State of Texas filed an affidavit alleging the offense of theft. The question before this Court is whether the affidavit charges the commis-sion of an offense under Texas law. Tex. Code. Crim. Proc. art. 15.01.
The Court, determining the sufficiency of the affidavit, is “bound by the four corners” of the document. Evans v. State, 530 S.W.2d 932, 936 (Tex. Crim. App. 1975); see also Dunn v. State, 951 S.W.2d 478 (Tex. Crim. App. 1997).
The affidavit alleges that the defendant, a medical doctor employed by Harris County Public Health, administered the vaccine for COVID-19 on January 6, 2021 to several people and then completed forms documenting the vaccinations. The affidavit alleges, without elaboration, that Jennifer Kiger, Chief of Public Health’s Office of Preparedness and Response, “believed that [the forms] may have belonged to patients that were given the vaccine on site as well as offsite.”
The affiant is not identified by name or legible signature. The unidentified affiant reports being “able to make contact with several of the patients or their family members” and claims to have found “8 individuals given the vaccine offsite” without identifying those individuals or providing any other details.
The defendant is identified as the “medical advisor for the COVID-19 response, which allowed him access to vials of the vaccine.” He administered doses of the vaccine and documented those doses on handwritten forms. There is no credible allegation in the affidavit that the defendant administered any vaccine doses without completing the required documentation.
Under Texas law, a person commits the offense of theft “if he unlawfully appropriates property with intent to deprive the owner of property.” Tex. Penal Code §31.03.
The novel theory presented in this affidavit is that the defendant’s administration and documentation of vaccine doses outside of Harris County Public Health’s procedures, which are not described with any detail, amount to theft of those doses.
The affidavit describes County procedures as forbidding “personal use” of the vac-cine, but then fails to describe what “personal use” is under those procedures. The affidavit claims the defendant administered doses to several people who “may have” been offsite and that he documented those doses as required by the procedures of Harris County Public Health. In the number of words usually taken to describe an allegation of retail shoplifting, the State attempts, for the first time, to criminalize a doctor’s documented administration of vaccine doses during a public health emergency. The Court emphatically rejects this attempted imposition of the criminal law on the professional decisions of a physician.
Beyond the novelty of the legal claims, the affidavit is riddled with sloppiness and errors. The credibility and reliability of the statements in the affidavit are never es-tablished by the unidentified affiant. The affidavit also fails to sufficiently allege that the complainant had a greater right to possession of the vaccine than the defendant, who by affiant’s own admission is “the medical advisor for the COVID-19 response.
”The affidavit before the Court does not establish probable cause for the offense of theft. The Court finds no probable cause for the offense of theft and orders that the defendant be discharged.
Wow. The judge is correct about the bad affidavit.
No name for the affiant... should be tossed just for that.
No details on the 8 ‘offsite’ vaccinations.
Dr. Documented all of the shots given.
They mischaracterize the Dr. as just ‘someone with access’!
“The defendant is identified as the “medical advisor for the COVID-19 response, which allowed him access to vials of the vaccine.””
One of our county health care officers, not an RN had a no show for a vaccine. No one responded on their on call list when that happened re a no show.
Everyone but she on the staff had the first shot.
She waited until the vaccine was about to expire time wise and had an RN inject her.
Now, she has people saying that she should have thrown the vaccine away.
WTH is the matter with you? That is exactly what I read in an article yesterday. Maybe you should get offline until you learn how to interact with people with a bit of self respect.
How politics and social justice gets in the way of public health
“WTH is the matter with you? That is exactly what I read in an article yesterday. Maybe you should get offline until you learn how to interact with people with a bit of self respect.”
Maybe you should logoff until you can comply with the posting guidelines of this site.
How politics and social justice gets in the way of public health!
We can only imagine how bad the politics and social justice thugs are behind closed doorsl
Hmmmmm...10 doses worth $135. Only 13.50 a dose for the juice.
Amen to that. I'm 58 years old and still prescription drug free. I take a prescription as a personal affront. Years ago, my doctor put me on blood pressure medicine and I fumed. I changed my diet, exercised more and got more sleep. I returned in six months with nearly ideal blood pressure. The doctor congratulated me for taking my medicine as prescribed.
I didn't bother telling him that I still had the first bottle at home on the shelf, basically unused. I simply changed doctors.
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