The New York Times

January 31, 2006
Op-Ed Columnist

Just Doing His Job

After I wrote last year about Richard Paey, the wheelchair-bound patient who's been in physical agony for two decades, a lot of readers asked me what kind of monster could have prosecuted him for obtaining painkillers. If you watched "60 Minutes" Sunday, you could see for yourself.

Scott Andringa, the prosecutor in Florida who sent Paey to prison for 25 years, did not come off well on "60 Minutes," but he didn't look dementedly evil, either. He seemed exactly the way I've found him in interviews: earnest, conscientious, convinced he had done the right thing. That's why he scares me.

He's one of the many well-meaning public officials whose judgment has been so warped by the war on drugs that they can't see what they've become. Andringa, echoing the line of the Drug Enforcement Administration, has assured me he would never stop patients from getting medicine for their pain.

"I have the utmost respect for doctors who try to treat pain humanely and responsibly," he told me. "I am not a doctor. I have never claimed to be a doctor."

Yet there he was playing doctor on "60 Minutes" to explain why it was "reasonable" to infer that Paey was a drug dealer. There was no evidence that Paey had sold any of his painkillers (and agents had conducted surveillance of him and his wife for two months). But Andringa inferred that Paey must have been selling them because the prescriptions he received worked out to about 25 pills per day.

"One pill every hour, every day, for two years," Andringa told Morley Safer, as if this feat of math proved his case. It's the same mystic numerology you hear over and over from drug warriors like Karen Tandy, the head of the D.E.A., who prefers to focus on the number of pills prescribed without bothering with details like the patient's needs or the dosage.

Paey had no trouble explaining to me why he was taking 25 pills per day: his doctor cautiously gave him a variety of low-strength pills in order to avoid prescribing the kind of painkillers that tempt drug abusers and invite investigation from the D.E.A. Instead of taking a few high-strength oxycodone pills, Paey took a cocktail of pills containing low doses of oxycodone and other less effective pain killers like Tylenol.

As a result, the total daily dose of oxycodone in all those pills Paey took was less than what he could have gotten in a single high-strength OxyContin pill. And there are some chronic-pain patients who need 10 of those high-strength OxyContins every day because they, like Paey, have developed a tolerance to the drug over the years.

So there was no good medical reason to assume that Paey wasn't taking all those pills. In fact, he says he wasn't getting enough pain relief because of his doctor's fear of the D.E.A. Yet Andringa simply made his own medical diagnosis — too many pills — and proceeded to exploit the extraordinary leverage that prosecutors have been given over doctors and patients.

The typical approach is to put pressure on patients to turn on their doctors, but it can work the other way, too. Paey told me he was offered a deal by investigators: "They said if you're willing to testify against your doctor it would go a long way to having these charges go away." Paey refused, and then found himself facing hostile testimony from the doctor, who said he had not authorized the contested prescriptions.

After the doctor's credibility was challenged in court — he was contradicted both by his own words and by pharmacists who said he'd approved the prescriptions — the prosecutor came up with a mind-boggling new argument against Paey. Andringa told the jurors that even if they believed the doctor had prescribed the drugs, Paey should still be convicted because the doctor should never have written the prescriptions.

Andringa argued that the doctor wasn't practicing proper medicine — according to the prosecutor's standards — so the prescriptions were illegal and Paey shouldn't have filled them. By this logic, instead of listening to his doctor, Paey should have tried to anticipate what a prosecutor would prescribe for him.

I spoke to Andringa yesterday, after he'd watched "60 Minutes" and seen Paey's wife and the three teenage children whose father may die in prison. "I'm not thrilled about this case," he said. "I'm only proud that I did my job as a prosecutor." And self-appointed doctor.



February 1, 2006
Op-Ed Columnist

Didn't See It Coming, Again

Washington

The White House should hire an anthropologist.

Corporations have begun hiring anthropologists to help them improve product designs and interpret markets. And clearly, the Bush foreign policy team doesn't understand any of the markets where it is barging around ineptly trying to sell America and democracy.

The brand value of America has been in steady decline. The state of the union is sour but the state of the world is chilling, thanks to a hideously ham-handed Bush foreign policy crew that was once billed as a seasoned "dream team."

The more the White House tries to force-feed democracy to tempestuous parts of the world, the more it discovers that you may be able to spin and scare voters in the U.S., but the Middle East is not so easy to manipulate. W. believes in self-determination only if he's doing the determining. Fundamentalists in America like to vote for Mr. Bush, but elsewhere they're violently opposing him.

It's stunning that nearly four decades after Vietnam, our government could be even more culturally illiterate and pigheaded. The Bushies are more obsessed with snooping on Americans than fathoming how other cultures think and react.

One smart anthropologist reinforcing the idea that "mirroring" — assuming other cultures think like us — doesn't work would be a lot more helpful than all of the discredited intelligence agencies that are costing $30 billion a year to miss everything from the breakup of the Soviet Union to 9/11 to no W.M.D. to Osama's hiding place to the Hamas victory.

Bush officials keep claiming they couldn't have anticipated disasters — from the terrorist attacks to Katrina — even when they got specific warnings beforehand. Busy building up the fake nuclear threat in Iraq, they misplayed the real ones in Iran and North Korea. In London Sunday, Condi Rice admitted that all of our diplomats and spies were caught off guard by the Hamas win. "I've asked why nobody saw it coming," she said. "It does say something about us not having a good enough pulse."

Instead of paying the Lincoln Group millions to plant fake newspaper stories in Iraq, the Bush team might try reading real newspaper stories here. Instead of simply believing any fact that makes him feel self-important, the president might try reading history.

Like many other presidential candidates I've interviewed, W. said he liked Winston Churchill. But if he really had read Churchill, he would at least have understood that the Middle East never turns out the way you expect. Churchill, who called Iraq "an ungrateful volcano," would not have been surprised by the new WorldPublicOpinion.org poll showing that close to half of Iraqis approve of attacks on American forces.

The State of the Union is a non-event. But Bob Woodruff and his cameraman, Doug Vogt, being blown up by a roadside bomb has forced the media to focus on what the Bushies try to hide — all the injured and maimed coming home from Iraq.

Mark Landler's Times piece noted that the ABC journalists came to the hospital in Landstuhl, Germany, "on a military transport plane carrying 31 wounded soldiers — about a normal daily influx for this hospital."

As Denise Grady wrote in The Times, the survival rate in Iraq is higher than in other wars, but the wounds are multiple and awful: "combinations of damaged brains and spinal cords, vision and hearing loss, disfigured faces, burns, amputations, mangled limbs, and psychological ills like depression and post-traumatic stress."

The Oilman in Chief lecturing us last night, after five oblivious years, about being drunk on oil, now that Halliburton and Exxon are swimming in profits — Exxon's revenues were bigger than the gross domestic product of either Saudi Arabia or Indonesia — was rich.

A more honest TV moment was Christiane Amanpour labeling Iraq "a black hole." The "spiraling security disaster," she told Larry King, had robbed Iraqis of hope, "and by any indication whether you take the number of journalists killed or wounded, whether you take the number of American soldiers killed or wounded, whether you take the number of Iraqi soldiers killed and wounded, contractors, people working there, it just gets worse and worse."

But, hey, how could the Bushies have known that occupying a Middle East country — and flipping the balance of power from one sect to another — without enough troops to secure it could go wrong? Who on earth could predict the inevitable?



Copyright 2006The New York Times Company





 What Really Happened

    By Cindy Sheehan
    t r u t h o u t | Perspective

    Wednesday 01 February 2006

    As most of you have probably heard, I was arrested before the State of the Union address last night.

    I am speechless with fury at what happened and with grief over what we have lost in our country.

    There have been lies from the police and distortions by the press (shocker). So this is what really happened:

    This afternoon at the People's State of the Union Address in DC, where I was joined by Congresspersons Lynn Woolsey and John Conyers, Ann Wright, Malik Rahim and John Cavanagh, Lynn brought me a ticket to the State of the Union address. At that time, I was wearing the shirt that said: 2245 Dead. How many more?

    After the PSOTU press conference, I was having second thoughts about going to the SOTU at the Capitol. I didn't feel comfortable going. I knew George Bush would say things that would hurt me and anger me, and I knew that I couldn't disrupt the address because Lynn had given me the ticket, and I didn't want to be disruptive out of respect for her. I, in fact, had given the ticket to John Bruhns, who is in Iraq Veterans Against the War. However, Lynn's office had already called the media, and everyone knew I was going to be there, so I sucked it up and went.

    I got the ticket back from John, and I met one of Congresswoman Barbara Lee's staffers in the Longworth Congressional Office building and we went to the Capitol via the underground tunnel. I went through security once, then had to use the rest room and went through security again.

    My ticket was in the 5th gallery, front row, fourth seat in. The person who in a few minutes was to arrest me, helped me to my seat.

    I had just sat down and I was warm from climbing 3 flights of stairs back up from the bathroom so I unzipped my jacket. I turned to the right to take my left arm out, when the same officer saw my shirt and yelled, "Protester." He then ran over to me, hauled me out of my seat, and roughly (with my hands behind my back) shoved me up the stairs. I said something like "I'm going, do you have to be so rough?" By the way, his name is Mike Weight.

    The officer ran with me to the elevators, yelling at everyone to move out of the way. When we got to the elevators, he cuffed me and took me outside to await a squad car. On the way out, someone behind me said, "That's Cindy Sheehan." At which point the officer who arrested me said, "Take these steps slowly." I said, "You didn't care about being careful when you were dragging me up the other steps." He said, "That's because you were protesting." Wow, I got hauled out of the People's House because I was "Protesting."

    I was never told that I couldn't wear that shirt into the Congress. I was never asked to take it off or zip my jacket back up. If I had been asked to do any of those things ... I would have, and written about the suppression of my freedom of speech later. I was immediately and roughly (I have the bruises and muscle spasms to prove it) hauled off and arrested for "unlawful conduct."

    After I had my personal items inventoried and my fingers printed, a nice Sgt. came in and looked at my shirt and said, "2245, huh? I just got back from there."

    I told him that my son died there. That's when the enormity of my loss hit me. I have lost my son. I have lost my First Amendment rights. I have lost the country that I love. Where did America go? I started crying in pain.

    What did Casey die for? What did the 2244 other brave young Americans die for? What are tens of thousands of them over there in harm's way for still? For this? I can't even wear a shirt that has the number of troops on it that George Bush and his arrogant and ignorant policies are responsible for killing.

    I wore the shirt to make a statement. The press knew I was going to be there, and I thought every once in awhile they would show me, and I would have the shirt on. I did not wear it to be disruptive, or I would have unzipped my jacket during George's speech. If I had any idea what happens to people who wear shirts that make the neocons uncomfortable, that I would be arrested ... maybe I would have, but I didn't.

    There have already been many wild stories out there.

    I have some lawyers looking into filing a First Amendment lawsuit against the government for what happened tonight. I will file it. It is time to take our freedoms and our country back.

    I don't want to live in a country that prohibits any person, whether or not he/she has paid the ultimate price for that country, from wearing, saying, writing, or telephoning any negative statements about the government. That's why I am going to take my freedoms and liberties back. That's why I am not going to let BushCo take anything else away from me ... or you.

    I am so appreciative of the couple of hundred of protesters who came to the jail while I was locked up to show their support. We have so much potential for good. There is so much good in so many people.

    Four hours and 2 jails after I was arrested, I was let out. Again, I am so upset and sore it is hard to think straight.

    Keep up the struggle ... I promise you, I will too.

 


    Go to Original

Sheehan Arrested before Speech

    By Clarence Williams and Allan Lengel
    The Washington Post

    Wednesday 01 February 2006

    Activist Cindy Sheehan was arrested last night after demonstrating in the spectators gallery of the House of Representatives as part of a larger war protest that was held outside the Capitol.

    Sheehan, who was apparently given a gallery ticket by a member of Congress, began to attract notice about 30 minutes to an hour before President Bush's State of the Union speech.

    Sheehan, whose son was killed in Iraq, opened her jacket to reveal a T-shirt that, according to a supporter, gave the number of U.S. war dead and asked, "How many more?"

    She was also vocal, said U.S. Capitol Police Chief Terrance W. Gainer, and after she ignored instructions to close her jacket and quiet down, she was led out and arrested. Demonstrating in the House gallery is prohibited.

    Sheehan's sister Dede Miller told a reporter that Rep. Lynn C. Woolsey (D-Calif.) had invited Sheehan as her guest. Woolsey could not be reached immediately for comment.

    Late last night, about 50 protesters marched to the Capitol Police station to demand Sheehan's release. One of them was arrested. Miller said Sheehan was being processed early this morning.

    Earlier last night, a band of banner-waving antiwar demonstrators clustered outside the Capitol and took the start of Bush's speech as a cue to let loose with an ear-splitting outburst of noise.

    The group gathered at the statue of Ulysses S. Grant on the west side of the Capitol grounds for the protest, which was organized under the slogan of "The World Can't Wait - Drive Out the Bush Regime."

    At the moment when a nearby TV set showed Bush beginning his address in the House chamber, the protesters responded with bongo drums, maracas and whistles.

    The protesters' Web site urged participants to "Bring the Noise and Drown out Bush's lies."

    As the president concluded, the noise reached a peak as protesters banged pots and pans, shouting "Bush step down, people rise up."

    At one point, demonstrators sang peace anthems of an earlier day, including "Give Peace a Chance" and "All You Need Is Love."

    One of the speakers at the rally before the outbreak of tumult identified himself as Bill Mitchell and said his son, Army Sgt. Mike Mitchell, was killed in Baghdad in April 2004.

    "We knew this war was wrong from the beginning," he said, "and we are not going to stop speaking" until the troops are brought home.

    "We are going to demand that our government bring them home. We need to bring an end to this insanity," he said as the temperature fell and the wind gusted.

    A speaker identified as Ann Wright, who had served in the State Department and as an Army officer, called on the protesters to organize for this year's congressional elections as a means of stopping the war. "We've got to put some spine into people who serve us right here," she said, pointing toward the Capitol.

    ---------

    Staff writer Martin Weil contributed to this report.