Posted on 03/11/2002 7:41:50 PM PST by Beata
http://www.aapsonline.org/
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Association of American Physicians and Surgeons, Inc.
A Voice for Private Physicians Since 1943
Omnia pro aegroto
UNLIMITED FORCED DRUGGING OK’D BY COURT
AAPS Calls Ruling "Shocking & Inhumane"
03/08/2002
WASHINGTON -- Defendants can be forcibly drugged even though they haven’t been convicted of any charges and pose no danger to themselves or others.
That’s the ruling issued yesterday by the Federal Court of Appeals for the Eighth Circuit in the case of United States v. Charles Thomas Sell. (see www.ca8.uscourts.gov/opndir/02/03/011862P.pdf) The 2 - 1 split decision establishes government power to forcibly medicate a person with mind altering drugs even before trial.
"It’s a shocking, inhumane decision. Now, all the government needs are allegations and a cooperative psychiatrist to forcibly drug any citizen," said Andrew Schlafly, General Counsel for the Association of American Physicians and Surgeons (AAPS). That group filed an amicus brief opposing the government drugging.
"It’s unprecedented to allow prosecutors to drug peaceful defendants presumed to be innocent. Government cannot force citizens to pledge allegiance to the flag, but now can forcibly medicate them with mind-altering drugs," said Mr. Schlafly.
Dr. Sell, a St. Louis dentist, has been imprisoned for more than 4 years, including one- and-one-half years in solitary confinementafter being charged with Medicaid fraud. He has never been brought to trial.
While acknowledging that "the evidence does not support a finding that Sell posed a danger to himself or others" the majority opinion still found that "charges of fraud" alone are "serious" enough to justify forced medication. Further, the Court held that there are no limits on the quantity or type of drugs.
"There’s no good reason why Dr. Sell has been held so long without trial, and this decision will most likely prolong his imprisonment with no end in sight," said Mr. Schlafly. The dissenting judge pointed out that even if Dr. Sell were to be found guilty, his sentence would be no more than 41 months -- one year less than he’s already served.
A similar case is pending before the same court to allow the State to forcibly medicate a convicted murderer for execution.
"It’s appalling that the court will drug a man presumed to be innocent, even if it’s illegal to do the same thing to a convicted killer." Mr. Schlafly said that AAPS will seek to overturn the ruling.
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AAPS is a non-partisan, dues-supported professional association of physicians in all practices and specialties, dedicated since 1943 to protecting the sanctity of the patient-physician relationship from third-party interference.
Other Links
AAPS Amicus Brief in US vs. Sell
Doctors' Study: Medicare "Fraud" Crackdown Hurts Patients - 02/04/2000
Other Physician Prosecutions
There didn't seem to be any mention that the man was mentally ill.
Just be sure to give forced drug tests to these individuals too. Whoops! Now the tests come back positive for controlled substances! Tack on some felony drug charges too.
Sound far fetched?
The problem is that "mentally ill" doesn't mean what it used to imply.
By today's standards, there are MANY people (politicans and doctors included) who would consider Christians, gun owners, defenders of the Constitution, and those of use post here as "mentally ill".
The use of mind-alterting drugs was, I believe, one of the many tools the communists in Russia used to place people in submission to the state.
That a cousin of a friend watched for you.
(Sorry, it's late, couldn't help myself)
;-)
As I've stated before in other threads, I've noticed that almost every time a person goes against the US Govt. in a legal battle, the individual LOSES. Federal judges are mearly a rubber stamp of approval for govt. abuse nowdays.
Call me a nut, but I see another revolution on the horizon. Maybe not in out lifetime, but it still looms.......
Secrets, Lies, and Atomic Spies,.....Or... Joe McCarthy was more right than he ever knew
The reason Dr. Sell appears to be rotting in prison on experimental antipsychotic medication is because (again from the court documents) he believes certain bad things about Clinton's justice machine. Among the three listed, my personal favorite is number two.
From the court documents at http://www.aapsonline.org/judicial/sellamicus.doc
"...(ii) Dr. Sell thought there was a government effort to cover up defendant’s knowledge of the government’s culpability in the Waco deaths, where defendant was summoned to serve at that time as an Army Reservist; and..."
Gosh, if that qualifies as a reason to forcibly medicate someone for a number of years on antipsychotic medication, Oliver Stone should flee to Cuba before they haul him in.
Call me a nut, but I see another revolution on the horizon. Maybe not in out lifetime, but it still looms.......
I won't call you a nut, because I think you are right. Before I found FreeRepublic, I thougt it was going to be over taxes and regulation. Now it looks more like it will be over the enforcement of taxes and regulation (of behavior/thought).
Maybe the docs over at the Serbsky Institute are looking for work, we can bring them over to give us pointers.
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