How do you get rid of a natural healing physician and pad the DOJ budget at the same time? Here’s how. Michael Kostenko, DO, 61, of Daniels, WV was handed the highest sentence possible on one charge—20 years in prison. Let’s hope we can end this nightmare and get this doctor exonerated. That is through knowledge putting an end to government propaganda.
At his sentencing hearing this week, Dr. Kostenko continued to defend his medical practice while the judge spewed propaganda intended to justify her monetary support of DOJ employees.
Dr. Kostenko originally pleaded not guilty and even started trial in April. But after a few days he could see how the prosecution tampers with witnesses to achieve their purpose, and recognized the fact that he was not going to have an impartial trial. So during the second day he pleaded guilty to one of the 22 felony counts against him for “distribution not for legitimate medical purpose”. All of the charges were illegal use of the Controlled Substance Act. Please watch Using Law Illegally Against Doctors. But illegality doesn’t stop the DOJ who constructs phrases from statutes and creates crime where there is no crime, exposed by Sidney Powell’s book Licensed to Lie.
The judge’s statement “You do not believe you have to follow the law… which makes you dangerous.” is more pointed at the government and the DOJ (and the judge) than at the doctor.
The judge said the doctor’s exams, pill counts and urine screens were inadequate. Excuse me? Judge—could your show me your medical degree? Dr. Kostenko’s practice was similar to mine in that he used alternative medicine to address the cause of the pain, instead of simply covering it up. He used a self-management program and the diagnosis of pathologic adaptation which focuses on how diet, exercise, stress and toxins affect the body. Patients filled out self-assessment sheets which are acceptable as documentation. He was a consulting physician, not primary care, and dealing with blood pressure, etc., would not be necessary. The problem is that alternative, healing medical treatments are not accepted by conventional medicine which is in bed with the government to eliminate doctors who do them.
“I’m guilty of doing this medicine,” he told the court.
Welcome to the club, Doc. During the sentencing hearing, Charlotte Pritt, a former West Virginia delegate and senator, as well as 2016 gubernatorial candidate, spoke on Kostenko’s behalf, defending his “non-pharmaceutical” and “non-invasive” techniques in his medical practice.
In addition to 20 years in prison, Dr. Kostenko was fined $50,000. The government can also forfeit his home since that was where his clinic was located. Judge Berger said had he been financially capable, she would have imposed a greater fine. You see, that’s what this is all about—get as much money to pay their salaries as the judge can collect. This shows that even judges are not impartial or make decisions based on justice, but on money.
Another problem doctors face is that defense lawyers don’t work for them. As the hearing began, Kostenko expressed dissatisfaction with his court-appointed attorneys, Ward Morgan and Derrick Lefler.
“I don’t believe they ever articulated a defense,” Kostenko said, noting no expert witnesses were subpoenaed for trial. “They didn’t look at how the prosecution demonized oxycodone. I’ll stop there, but in general, there was no effective defense.”
I completely understand what he is saying, and so does every doctor that has ever been faced with this decision. Instead of producing a defense, they push the defendant to accept a plea.
“Given the climate in Southern West Virginia and the attitude toward such a matter, it really was in his best interest [to take a deal],” said Ward Morgan, of Bluefield, one of his public defender attorneys.
You see, the lawyers get paid the same without the work and receive bonuses for convictions. And money they don’t spend on expert witnesses goes in their pocket. So everyone in the legal arena gets rewarded when doctors go to prison. Something is wrong with this picture. My court-appointed lawyer, Rhonda Overstreet, did nothing to defend me, and even lied to me. The DOJ swamp needs to be cleaned up.
Morgan said no expert witnesses could be found to testify on Kostenko’s behalf. Well, they really didn’t look very far. I’m in SW Virginia, and I am available as a defense expert witness at no charge except for costs.
Hopefully Dr. Kostenko will file a 2255 Motion of Ineffective Counsel and get a new trial. After the hearing concluded, Christina Kostenko, also a lawyer, indicated her father will appeal. He can learn what he needs to use to stop this nightmare through this website. And I volunteer my assistance in whatever ways he can use me.
At the time of his decision to accept a plea, Dr. Kostenko stated “I don’t believe I’m popular enough to win.” That’s a shame when justice hinges on popularity based on government propaganda.
Also, Dr. Kostenko was held in jail for the year prior to his trial. What happened to “innocent until proven guilty” and violation of his 6th amendment rights?
The problem is money. Justice is now driven by it, and West Virginia is one of the worst. Did you know that when the coal industry crashed, West Virginia turned to building jails and prisons for jobs? Prisons are now the #1 economy of the state. And to show how they have picked this path of attacking innocent doctors, U.S. Attorney Carol Casto, of West Virginia’s Southern District, released a statement vowing to continue similar prosecutions.
Since prescribing controlled drugs to patients in a doctor’s office is exempt from prosecution per the Controlled Substance Act, that action on the part of US Attorneys is illegal. Learn the truth, people.