Pubdate: Sat, 23 Mar 2002
Source: Tallahassee Democrat (FL)
Copyright: 2002 Tallahassee Democrat
Contact:  http://www.tdo.com/
Details: http://www.mapinc.org/media/444
Author: Bill Kaczor (AP)

DOCTOR SENTENCED TO NEARLY 63 YEARS IN OXYCONTIN DEATHS

MILTON - A doctor convicted of manslaughter in the deaths of four patients 
who overdosed on the painkiller OxyContin and other drugs received a 
sentence of nearly 63 years in prison Friday.

Dr. James Graves, 55, was the nation's first doctor to be found guilty of 
manslaughter or murder in an OxyContin death.

Graves remained defiant, telling prosecutor Russell Edgar that one day both 
of them would have to "stand before God."

"I pray to God something will change and somehow (Edgar) will come to know 
Christ," Graves told Circuit Judge Kenneth Bell.

Edgar said Graves was not practicing medicine but "selling drugs" by 
writing prescriptions for addicts and dealers.

"There's moral bankruptcy here," Edgar said. "He has shown no remorse for 
the deaths and suffering he has caused."

A jury found Graves guilty last month of manslaughter, unlawful delivery of 
a controlled substance and racketeering. The judge said state guidelines 
called for a sentence of nearly 39 years to 138 years.

"A lawful sentence for all practical purposes will be a life sentence," 
Bell said because of Graves' age.

Edgar said Graves' motive was controlling people and making money. He 
estimated the former Navy doctor netted about $750,000 over two years 
practicing in nearby Pace, but he said no one knows what happened to the money.

Graves has been declared indigent and taxpayers are picking up a tab of 
nearly $300,000 for his defense.

Graves' Testimony: Patients Lied

Graves, who had a family medicine and pain management practice, testified 
that patients lied to him about their symptoms and that no one would have 
died if they had taken the drugs as prescribed.

The defense said it will appeal.

In court Friday, Graves recited Bible verses and accused the father of 
victim Jeffrey Daniels, 30, of rejecting his son because he had become an 
addict. Graves suggested that Daniels may have killed himself.

Later, Daniels' father, Lester Daniels, grew angry and started to get up 
from his seat because the doctor turned and smiled. It happened while 
Graves' wife, Alicia, was speaking at a podium about six feet from Lester 
Daniels. Courtroom deputies quickly stepped forward and told Daniels to sit 
down, and the judge ordered a recess.

"As long as he never sees outside prison walls, that's great for me," 
Daniels said after sentencing. "He's slime. He's pure slime."

Alicia Graves blamed drug and medical regulatory agencies for failing to 
take action if they thought there was a problem

"This could have been resolved," she said. "These people would still have 
been alive."

Edgar later questioned the logic of her complaint because Graves never 
admitted doing any wrong, even prescribing narcotics in Alabama after his 
arrest and a Florida court order to stop.

Defense lawyer H.E. Ellis Jr. predicted the case will set a national 
precedent that would hamper the ability of patients to get needed pain 
medication.
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