Pubdate: Fri, 30 Nov 2001
Source: Bluefield Daily Telegraph (WV)
Copyright: 2001 Bluefield Daily Telegraph
Contact:  http://www.bdtonline.com
Details: http://www.mapinc.org/media/1483
Author: Bill Archer

BUCHANAN PHYSICIAN SENTENCED

ABINGDON, Va. -- A Buchanan County physician who was found guilty of 
illegally dispensing prescriptions for powerful pain medication was 
sentenced in an emotionally-charged courtroom at U.S. District Court in 
Abingdon Thursday morning. About 30 supporters of Dr. Franklin J. 
Sutherland took seats in the gallery, as U.S. District Judge James P. 
Jones, of the Western District of Virginia, sentenced Sutherland on his May 
25 conviction on 427 counts of illegally prescribing Schedule II and 
Schedule III narcotics.

Sutherland's attorney, Tom Dillard, filed a motion asking the court for a 
significant downward departure in the physician's sentence due to 
"diminished capacity" associated with a head injury Sutherland received in 
a fall when he was a 6-month-old infant. Dillard based his motion on a 
letter written by Holston, Tenn., psychologist Dr. Timothy Urbin who 
reportedly said that Sutherland, 47, suffered brain damage as a result of 
the injury.

After reviewing Urbin's letter outlining Sutherland's condition, Jones 
entered an order in the case dropping the sentencing guidelines from a "36" 
to a "26," in effect, lowering the sentencing guidelines from a range of 
210-262 months (17.5-21.8 years) to a range of 70-87 months, (5.8-7.25 
years). Jones eventually settled on a 70-month sentence, no fine and three 
years of supervised release.

"To the people of Buchanan County, I apologize," Assistant U.S. Attorney 
Randy Ramseyer said after Jones denied his motion opposing the downward 
departure that lowered the guideline sentence range by 70 percent. "We've 
got a problem in Buchanan County."

Ramseyer explained that he initiated the investigation after Buchanan 
County residents approached the U.S. Attorney's office claiming that 
physicians have become the county's biggest drug pushers. He said a jury 
convicted Sutherland of illegally prescribing 20,000 units of controlled 
substances.

"What would happen if a street dealer put 20,000 units on the street?" 
Ramseyer said. He said that it is difficult to prosecute a case when the 
defendant is "a nice guy to talk with," but noted that with a street 
dealer, "there's no family to cry for them." He acknowledged to Jones that 
"this has been a difficult case for the court."

Sutherland rose and addressed the court for 10 or 12 minutes. He admitted 
he had made "a lot of bad judgments," but said that he "trusted and 
believed" a lawyer and former Buchanan County Deputy Brian Elswick. He 
added that he had "a blind spot" for Timothy Shortridge, who had been a 
long time patient. Some people in the gallery nodded in approval and others 
openly sobbed as Sutherland said he prescribed painkillers to drug abusers 
because they came to him in pain. "Just because someone has problems with 
alcohol, doesn't mean they're not in pain," he said. "When someone comes to 
you in pain, you have to go by subjective findings."

There was bitterness in his voice as he referred to the government's 
prosecution of his crime, but then appeared to become overwhelmed by 
emotion when he mentioned his teenage children. "I ask you to give me 
mercy," he said.

Jones said the case is "a double tragedy," because of the loss of a viable 
medical practice in a medically underserved region. "Based on the evidence, 
I believe you acted without criminal intent," Jones said, then added that 
Sutherland apparently forgot "the central tenant of the Hippocratic Oath: 
Thou shall do no harm, whatever you do."

Sutherland was facing fines in the range of $20,000 to $296,500,000, but 
Jones waived his fine because he didn't have money to pay them with. 
Dillard told the court that his client surrendered his medical license in 
July and that the clinic he operated is closed. Urbin diagnosed Sutherland 
as being totally disabled.

Ramseyer asked the court for assistance in returning the medical files from 
Sutherland's offices to his former patients, but Dillard noted that the 
defendant had no additional need for them. Jones denied a request by 
Dillard to have Sutherland placed in a substance abuse program in prison.
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