Alexander DeLuca, M.D.
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Dr. Bordeaux Comments on the Myrtle Beach Massacre Trials:
Dirty Plea Bargains, Perjury and a Confused Jury

 
Deborah Bordeaux, M.D.; The Pain and Chemical Dependency listServ, NFTP; 2005-12-13. Posted: 2006-01-13; Modified: 2006-02-13.
[Identifier= http://www.doctordeluca.com/Library/WOD/WPS6-MyrtleBeach/BordeauxReConviction05.htm]
  Related resources: [Drug War Journalism collection ;  Academic Articles, Reports and Legal Documents in the WOD]
 
See also:
Appellants' Petition for Rehearing and Petition for Rehearing En Banc - Eli Stutsman; 2005-12-13
WAR ON PAIN SUFFERERS #6 – The Myrtle Beach Massacre archives
 

[This Document in Adobe PDF format]

All of [the physician defendants in the case] were offered plea bargains. I don't know what the others were offered, but I was given the opportunity to plead guilty to one count of Medicare fraud if I would testify against everyone else. The prosecutors kept saying, "We don't want you to lie, but you need to understand that testifying about the drug dealing you witnessed is the only thing that's going to save you." I did not witness any drug dealing. 

We were convicted because the jury hated us. From the prosecution's opening statement to their closing statement, we were called horrible names, with no objections by defense attorneys at any time. We were portrayed as having been motivated by greed alone. The word "Doctor" was spoken with derision or contempt when said at all.

My court-appointed attorney never read most of the discovery material. We recovered the unopened boxes after I got a new attorney for my appeal. I had a conflict with that original attorney, and had filed a seven page complaint against him with the South Carolina Commission on Lawyer Conduct two months before the trial began. I also tried four times to have him replaced, but the motions were denied each time. He even expressed doubt that he could defend me and asked to be replaced.  

Perjury permeated the trial. Government witnesses were handled with kid gloves by all the attorneys, while the prosecution was allowed to verbally assault and abuse the defense witnesses.

Nobody seemed to understand what the law meant to include, so the jury got to decide what the terms "legitimate medical purpose" and "course of professional practice" meant. 

-- Deborah Bordeaux, M.D.

[This Document in Adobe PDF format]