Dear Cynn and List(s),

Okay enough is enough. X is illegal there are no medical uses for it; if
cut with too much heroin or methamphetamine the answer is death. There
are no FDA requirements for this "drug illegal drug" and furthermore, in
knowing this we understand that the only reason for selling it is to cause
intentional harm of a felony nature, with a felony illegal substance.

Yet I wonder and am not mistaken if this boy had sold this girl
Oxycontin stolen from his parent's medication cabinet, or even re purchased
on the street if the murder charge would have been first degree and stuck?
I'm getting sick and tired of what I hear; this drug dealer walks on a murder
charge, but physicians are being jailed for life for prescribing with good
cause legal medication for thsoe in NIP and then linked to mass drug
dealings and the like. Where does it end, and where does the abuse
and conviction of those selling harmful substances start?

Why is this not murder by intention?

Why is the theft of Oxycontin from pharmacies and pain clients not
sentenceable by death for those "felons" who rob it, crush, shoot and
abuse it; and or sell it to other "addicts?" Why is it that only good
pain specialists and their clients suffer?

Why has LE gotten to the level that taxpaying citizens who suffer
PAIN suffer, why are the turds who dump X, skank, heroin, and abuse
medications stolen are instead being "purchased" for false witness against
good physicians by the DEA, and being patted on the sick rump for truly
causing the United States and society DEATH BY ILLEGAL ABUSE OF
DRUGS by ADDICTS AND DEALERS?

I tell you it's getting hot out there. The heat is up to such a degree
that
soon the world we once knew, this democracy where there is "freedom"
will be lost for the DEA, and felons will be calling the shots, and those
who require medical care will be sitting in prison waiting rooms to attend
their former physicians. Enough is enough.

Yeh the dealer here needs to be convicted of whatever form of murder
they convict for this type of crime, and the child who died well what can
I say? I'm a parent; we teach out children what's out there, they learn it
in school and on television; they make a choice to try drugs and they
suffer the consequences. That does not mean I do not have empathy but
when those in viable pain, their providers, and their families suffer and this
goes on I have no sympathy.

This fight has just begun. The DEA has overridden the practice of
medicine, and of licensed healthcare professionals. Not until a family member
of theirs gets sick or suffers pain, not until they develop chronic pain
themselves
do they see the light. Are we willing to wait for this, do we not have enough
to fight for under a democracy without the persecution of our physicians,
nurses, and NIPers?

Shaking my head it sucks,

Karen G.

In a message dated 5/20/2005 10:55:15 AM Central Daylight Time,
cynnyc@... writes:
Court drops murder charge in overdose
http://www.timesonline.com/site/news.cfm?newsid=14560371&BRD=2305&PAG=461&dept
_id=478569&rfi=6

05/20/2005 - Court drops murder charge in overdose

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Greg Ludwig of Rochester had been charged with third-degree murder
for allegedly selling the Ecstasy that killed Brandy French. The
state Supreme Court has negated the murder charge, but Ludwig still
faces drug-related charges in Allegheny County.

The state Supreme Court ruled Thursday that a Rochester man will not
face third-degree murder charges in the death of a 16-year-old
Economy girl who took a lethal overdose of the drug Ecstasy four
years ago to the day.

Brandy French died May 19, 2001, after taking an Ecstasy tablet that
friends reportedly bought from Greg Ludwig, now 24.

Allegheny County prosecutors charged Ludwig with third-degree murder,
drug possession, possession with intent to deliver and drug delivery.
Under state statute, a drug delivery resulting in death can be
considered third-degree murder.

In 2002, Allegheny County Judge Jeffrey A. Manning threw out the
third-degree murder charge, saying that prosecutors hadn't proved
whether Ludwig knew that French could have died from taking the drug.
Manning also ruled that the statute was unconstitutional.

According to court records, Ludwig sold three Ecstasy tablets to a
friend of French's on May 17, and the next day, French and two others
took the pills while at a concert at in Washington County. French
became ill and died early the next morning.

State Supreme Court judges had two points to consider: whether
Allegheny County had proved its case; and whether the statute that
labeled the delivery charge as a third-degree murder offense was
constitutional.

In a 4-3 vote, judges ruled that the statute is constitutional, and
that the "applicable mental state for a conviction under the statute
is malice." The court ruled that Allegheny County prosecutors hadn't
proved that Ludwig acted with malice.

"Because one sells illegal drugs to another, rather than shares them
with others free of charge, does not in and of itself establish
malice," wrote Chief Justice Ralph J. Cappy.

But the three-judge dissent said Ludwig was undoubtedly aware that
the drug was illegal and could be fatal, and should face third-degree
murder charges.

Ludwig still faces charges of drug delivery, possession and
possession with intent to deliver. Allegheny County Deputy District
Attorney Michael W. Streily said Thursday that prosecutors will
continue to pursue those charges.

"We didn't charge manslaughter, and the statute of limitations may
have already run on that," Streily said.

Members of French's family declined to comment Thursday, referring
questions to attorney John Gismondi.

Gismondi said that French's father, Donald, was understandably
disappointed by the ruling.

"To them, if somebody sells drugs to a minor and that minor has
something bad happen to them, they think it's legitimate that
(Ludwig) should be held responsible," Gismondi said.

Donald French sued four of his daughter's friends and a friend's
mother, alleging they failed to seek medical care for French after
she became unresponsive. That lawsuit was resolved without going to
trial, Gismondi said.

Ludwig could not be reached for comment Thursday, and his attorney,
Patrick Thomassey of Pittsburgh, was out of the country and
unavailable.

Beaver County District Attorney Dale Fouse said Thursday that after
reading the Supreme Court opinion, he didn't think that order would
overturn a similar case in Beaver County.

In 2002, Andrew Pager, 59, of Aliquippa, was ordered to stand trial
on charges of third-degree murder, drug delivery resulting in death,
involuntary manslaughter and illegally giving his stepgranddaughter
drugs.

Monaca police said that Pager gave Amy Current, 16, a lethal dose of
OxyContin on May 14, 2002.

Pager's attorneys appealed the third-degree murder charge to the
state Supreme Court, citing arguments similar to the Ludwig case.

Fouse said that in a first reading of Thursday's court ruling, he
felt that Pager's case could move forward because justices ruled that
the statute covering the death-by-delivery charge is constitutional,
but he was still planning to consult with his assistants today.

Pager has remained in the Beaver County Jail since shortly after
Current's death

Karen Hallenbeck-Sikorsky-George BS,RN,UM,QC

http://hometown.aol.com/anewplanforyou
http://hometown.aol.com/anewplanforyou/sb.html


Owner-Moderator
http://groups.yahoo.com/group/ADayWithoutPain/
"ADayWithoutPain"
http://groups.yahoo.com/group/AnAnGeLInPain
"AnAnGeLInPain"

Ya'll are special you truly are, and to be the
catalyst for this group is a miracle for I know
in my heart that God's will created this group(s)
and each of you are very very special to me, always
no matter what I AM SO PROUD to a "part of" what
this family has become..AND WILL BE!!!!
Interqual Certified
Published Psychiatric Researcher
Advocate for those in CIP, HIV, Psychologic Pain
"A Higher Power is necessary to find the ability to withstand self
destruction.."


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