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Dexter, Missouri ~ Tuesday, December 2, 2008
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It's a stretch
Posted Thursday, August 30, 2007, at 1:51 PM
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I recently did a story on a Dexter man who has been charged with second-degree murder for allegedly selling 25 to 30 morphine pills to a local 19-year-old who then overdosed and died.

First, let me extend my deepest condolences to the parents and family of this boy. My heart goes out to you.

The man who was arrested has been charged under the Missouri "felony murder" law, in that because someone died while the man charged was committing a felony (distribution of a controlled substance), he is eligible to be charged with murder.

In this circumstance, I really don't believe that authorities will be able to make the charges stick. Yes, he sold this poor boy drugs, but he had no way of knowing the boy would then overdose.

It wasn't forseeable that because he sold the boy some pills, the boy would then die. It's sad to say, but if this man hadn't sold the boy those pills, he probably would have just gotten them somewhere else.

The sale of prescription drugs has erupted in the last few years. Chances are, we each know at least one someone who has sold prescription drugs to someone else. I am told that many senior citizens have resorted to selling their prescription painkillers to help pay their bills or cover costs of other more important medicines, such as for high blood pressure or diabetes.

While I do believe the man charged should be prosecuted for selling the pills, if he is convicted of murder that would seem to open up a whole can of worms. Would officials then go back and look at every overdose death to see if they were a result of an overdose of prescription painkillers?

Would they then determine which had been sold by another party and charge those parties with the same thing? What are your thoughts?


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Yellow Rose, I agree with you totally! This is the most ridiculous thing I have ever seen! I have known Larry all my life, and I know the last thing on his mind was killing someone! He has had lots of problems, but I don't think is evil. Mrs. Duckworth, on the other hand, her past speaks for her evil ways....

-- Posted by bearcatmom on Sat, Sep 22, 2007, at 8:49 PM

If Ceceli Freed only gets five years probation,and she stole her drugs,falsified documents to steal,guess Mr.Sanders can expect less time,since Briney Welborn has set a precedence for pleading out!

What's sadly good for the goose is good for the gander,huh?

-- Posted by Yellow Rose of Essex on Wed, Sep 19, 2007, at 11:51 AM

People must be held responsible for their actions. If I am smart enough to find someone to buy drugs from, then I am smart enough to know the consequences. Duh!

-- Posted by mobrigade on Mon, Sep 10, 2007, at 12:58 PM

Thanks bearcatmom, and I agree with you!

By playing "Red Rover" with these thieving junkie nurses, healthcare companies are putting patients at real risk. Most junkies are shrewd enough to "clean" up for their pre-employment drug tests,but they don't keep it up for long,so more RANDOM testing is needed.

Lord knows,these hospitals and nursing homes spend untold millions on government lobbyists to control laws to keep their pockets full-why not lobby to protect the public from healthcare professional drug addicts who ARE detected, yet go unpunished for so long?

We are talking about hardcore drugs folks,so they are driving and working impaired,putting everyone at risk they come into contact with,not just some skeevy dude sneaking around dealing.

I think Mr. Sanders should be punished too,and Mr. Robinson's family deserves justice,but we need to treat these nurses at least as harsh!

-- Posted by Yellow Rose of Essex on Fri, Sep 7, 2007, at 8:54 AM

From my understanding of the nursing home system, most nursing homes do not want people to know they have fired their employees for drug thefts. This particular nurse had been caught stealing drugs from one nursing home and transfered to another within the same company. Also from what I have read, there is proof that the meds that killed the husband came directly from the nursing home where the wife worked.

Just as there needs to be an effort by pharmacies to watch for people abusing drugs by filling prescriptions at several different places, the hospitals and nursing homes also need to cooperate. There should be an offenders list where any healthcare corporation can have access to the names of any medical professionals who have been fired for this kind of behavior.

I feel bad for the families of Mr. Sanders and Mr. Robinson, but I think it is a stretch to charge Mr. Sanders with murder-by the way, my understanding is it was Mr. Sanders script.....

-- Posted by bearcatmom on Thu, Sep 6, 2007, at 8:00 PM

Mr. Truthy,I think the difference is intention,education and desire to help.

The doctor takes an oath,"First,do no harm". He has some formal education and a desire to promote better health by hopefully prescribing the correct course of treatment to help a person,not just get you high. Because doctors are humans dealing with humans,that course of treatment won't always help,and can even kill us sometimes,but that was never the intention of the doctor.

A drug dealer works outside of the law,does not care about potential interactions,reactions and adverse side effects. A drug dealer usually has no way of knowing their client's medical history, although if they kill off their clients that's bad for business too. Their intention is to make easy money outside the law with non-taxable income and if you die-well,it sucks to be you!

I'd think a wife,especially a nurse, would know her hubby's medical history and be aware of the side effects of these narcotics.She also probably spent more time with her hubby than the average drug dealer spends with their junkie client, so she was even more culpable than the other drug dealer.

I haven't read whether Mr.Sanders had a valid prescription,where did he get the drugs come from?

I want to know why these local nurses keep job hopping from places,being fired for not following drug disposal policy or their narcotic counts were off. Why don't these nursing homes and hospitals do a mandatory drug test before they pink slip them, or at least have the cops bring the drug dog to sniff their vehicles? I thought druggies were given the choice of rehab or firing? If they choose to quit, the local police should be alerted this person should be added to their list of local dealers, instead of just letting them move onto another unsuspecting employer!

-- Posted by Yellow Rose of Essex on Thu, Sep 6, 2007, at 7:48 AM

I assume if they could prove she gave him the drugs, she may have been charged. Did she give them to him?

I am still able to discern the difference between a drug dealer and a Doctor. Huge difference.

-- Posted by I.B. Le Truth on Wed, Sep 5, 2007, at 9:38 PM

I think bearcatmom makes a very interesting point,what is the difference? The nurse is a medical professional,her knowledge seems to eliminate the "I didn't know what would happen" defense.

A few years ago, another of our local drug dealers injected a young woman with drugs,and she died. He did prison time. If the laws need to be changed,then we need to demand they be changed,but this double standard needs to be addressed,or at least explained.

Even pretty,rich white girls should do hard time if we expect it of guys who commit the same basic crime!

-- Posted by Yellow Rose of Essex on Wed, Sep 5, 2007, at 1:18 PM

If Larry Sanders is charged with murder, why isn't the nurse who stole drugs from the nursing home and gave them to her husband who then died being charged with the same? What is the difference there?

-- Posted by bearcatmom on Tue, Sep 4, 2007, at 8:15 PM

The Stoddard County PA charged Larry Kenton Sanders with felony murder precisely because Michael Robinson's death has been ruled an accident. Consistent application of that theory requires that every Stoddard County doctor should be charged with felony murder who has a patient die as an unintended consequence of prescribing a potentially lethal drug, or even engaging in a potentially life-threatening procedure. (Which is literally any surgical procedure.)

But that isn't all. 7.600 people accidentally die annually from ingesting aspirin. So it is known that aspirin can be a lethal substance. If someone dies as a consequence of aspirin given to him or her -- to be consistent with Sanders' prosecution the Stoddard County PA would have to prosecute the person who provided the aspirin with felony murder.

That person wrongly prosecuted for the non-crime of providing aspirin could be you I.B., or someone you know. If you or they were not prosecuted, it would only be because the PA chose not to do so -- not because they don't think they could if they wanted to.

The moral is that if you don't stand up for the rights of the least member of society, then none of us are protected from government prosecutors run amok.

-- Posted by FJGuy on Tue, Sep 4, 2007, at 6:56 PM

Doesn't even compute with me. I think the key word you said was accident. I don't think that a Doctor would prescribe a drug without concern for the side effects. A drug pusher doesn't care one bit about what happens to you. There is a huge huge difference in what the two do. One is trying to help as a good samaritan and they are not "witch" Doctors and help very many people, the other wants you hooked so they can sell you some more.

-- Posted by I.B. Le Truth on Sat, Sep 1, 2007, at 11:47 PM

If anything a doctor should be held to a higher standard of criminal liability for prescribing a drug that accidentally kills a patient than someone who sells an illegal drug to someone who accidentally dies. The doctor's patient has an expectation that the drug isn't going to harm them, while the purchaser of an illegal drug can at best only cross their fingers.

I don't think there is any justification to put doctors on a special pedestal because they wear a white coat and have degrees hanging on their wall. Much of what they do is in reality not much more helpful to a patient than the chanting of a "witch" doctor in Africa.

If Larry Kenton Sanders is going to be prosecuted for felony murder, then I say that Stoddard County doctors who have a patient accidentally die from a prescribed drug should likewise be criminally prosecuted for felony murder, and if convicted, they should be shown no favoritism in their sentencing because of who they are.

-- Posted by FJGuy on Sat, Sep 1, 2007, at 4:21 PM

Thats like comparing an apple and orange isn't it. There is no way to comare the accidental death caused by the error of a Doctor who was performing a legal act while trying to help an individual and the death of a person caused by the ingestion of a narcotic which he illegaly purchased from an individual who was not licensed to prescribe or sell the drug. I don't think it is holding them to a higher standard. The Doctor is operating within prescribed standards and the drug dealer is operating in violation of the law. Maybe he shouldn't be charged with murder, I don't know, but equating his actions with that of a Doctor. I know that just ain't right.

-- Posted by I.B. Le Truth on Fri, Aug 31, 2007, at 10:26 PM

225,000 people die each year because of medical errors by doctors, according to the Journal of the American Medical Association. Medical errors are the third leading cause of death in the United States. A significant number of these deaths result from an erroneous drug prescription by the doctor.

How many of these doctors are prosecuted for felony murder? None. Yet their patient's death is attributable to an action by the doctor. Why aren't doctors criminally charged? Because there is no way to prove they had any intent to "murder" or otherwise cause harm to their dead patient. Yet there is no question that except for some action by the doctor their patient wouldn't have died at that moment in time.

If doctors aren't going to be prosecuted for felony murder whenever a patient dies from an identifiable error by the doctor -- or especially when a patient dies from accidentally taking an overdose of a prescribed drug, which the doctor had no control to prevent, then no one else in society should be held to a higher standard.

Michael Robinson's autopsy reported, "Manner of death: Accident." Michael Robinson didn't intend to kill himself with an overdose, and Larry Kenton Sanders had no intention for him to die. (Otherwise he would have been charged with first-degree murder.)

We all know that the Stoddard County Prosecuting Attorney is not going to begin prosecuting a doctor for felony murder whenever the accidental death of a patient can be attributed to some action by the doctor. So fairness and consistency in the law requires that other people should not be treated differently just because they don't have MD after their name and a respected position in the community.

I absolutely think the felony second-degree murder charge against Larry Kenton Sanders should be dismissed.

-- Posted by FJGuy on Fri, Aug 31, 2007, at 7:28 PM


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