He maintained his innocence for over a year. But doctors don’t receive justice, forcing them into a plea in spite of their innocence. It is imperative that the US Congress exonerate all doctors so railroaded.
The government-biased media made full use of propaganda to force this doctor into a plea agreement, broadcasting the father of the overdose victim’s declaration that Dr. Rand was a “monster with a stethoscope” and referring to his case as a “pill mill illegal painkiller death case”.
Let’s look at who died. Michael Yenick, 33, was a former University of Nevada football player so he had some pain issues and was being appropriately treated. He died in 2015 with oxycodone and alcohol “intoxication”. Now it is understood by anyone on opioids that you don’t take alcohol. For “alcohol intoxication” to be on his death certificate, there should not have been any charges against Dr. Rand. Mr. Yenick is solely responsible for his own death.
The family, though, blamed Dr. Rand for Michael’s death. They considered him an “addict” and tried to interfere with his treatment. His mother even admitted that “he had lost his job, was behaving recklessly, had lost his place to live and that he could die”. So it looks like his death could even have been a suicide. Another patient who the prosecution was considering to charge Dr. Rand with her death, did actually commit suicide. People—doctors cannot be held responsible for what patients do with prescriptions issued for legitimate purposes. No prescription states: “Take two and chase with alcohol” or “Crush and snort up your nose”. So how are juries being brainwashed to convict doctors for patient deaths? It is just that—brainwashing.
In the course of the grilling at the sentencing, when the innocent doctor Rand has to convince the judge to accept the plea, Judge Miranda Du showed his prejudice. He continued to bombard Dr. Rand with dozens of questions, to elicit his admission that his actions killed Yenick. Dr. Rand response was that he took a vow to never let his patients suffer after watching the pain his mother was in while dying from cancer when he was in medical school.
“I went too far. I was overzealous. I was misguided,” he said. “I was trying to ameliorate one type of pain and caused another that I know will never go away.”
But at the sentencing Judge Du showed his prejudice and ignorance saying
“It is physicians like Dr. Rand through their ignorance and reckless indifference … who are the enablers who’ve contributed to the opioid crisis in our country,”
Dr. Rand was also forced to admit that he wrote prescriptions to Richard “Richie” West for no legitimate medical purpose. West, who was arrested along with seven co-workers from Jones West Ford car dealership, pleaded guilty earlier to distribution through a pill distribution ring that operated out of the dealership for more than five years. So HE was the criminal, not Dr. Rand who thought he was prescribing for legitimate pain. Doctors are the ones being attacked, though, in order to confiscate assets while the drug distributor goes free for agreement to commit perjury in court. WHERE IS THE JUSTICE?
“But none of it is true,” Dr. Rand’s wife cried to defense attorney John Ohlson, after the guilty plea. Mr. Ohlson, said Rand’s decision to plead guilty made him feel “like I could go puke.” He told reporters afterward he thought Rand was denied justice.
“I didn’t want him to plead guilty,” John Ohlson said. “I don’t think he’s guilty. I wish we would have had a trial.” “I don’t think a jury of 12 would have convicted him,”
So there you have it. Innocent doctors being forced to plead guilty to crimes they didn’t commit.
If Dr. Rand had gone to trial, he could have faced 28 years in prison. His lawyers thought he’d be sentenced to less than seven years for the plea bargain agreement. But federal prosecutors said the deal was off because Rand failed to show proper remorse or take full responsibility for his actions. Duh!! Maybe because he was innocent and being forced into a plea? Of course! Because doctors are innocent of “illegally” prescribing controlled drugs when it is for a patient, and doctors are not responsible for patients who take the medications other than prescribed.
Assistant U.S. Attorney James Keller said that Rand had violated the “bedrock” of the Hippocratic Oath, “First, do no harm.” Mr. Keller, YOU are the one doing harm, creating addiction, and causing death. YOU should, and WILL someday, be held accountable.
Rand was a popular family practice physician who built his business around pain management. He accepted patients who had been dropped by other doctors for being dependent on pain medication. But dependence is NOT addiction.
Prosecutors used the standard arguments that don’t really float IF they had the knowledge of a medical doctor, which they DON’T:
- Number of pills prescribed in the practice compared to other area doctors.
- The “holy trinity” argument of prescribing opioids, benzodiazepines and muscle relaxers at the same time, which has been done safely for the last 25 years.
- “Red Flags” that indicate his patients were abusing the pills he prescribed