Tamara Holder Talk: Tamara Holder, Esquire
General Information

Tamara N. Holder is an Illinois defense attorney and TV/radio legal analyst. She has no shortage of opinions, many of which she shares with you here.

Criminal Defense * Criminal Record Clearing * Governor's Pardons * Discrimination * Police Brutality * Public Policy

www.xpunged.com

 



Entries in prescription (5)

Sunday
19Jul2009

MICHAEL JACKSON CASE: MANY DOCTORS LEGALIZED DOPE DEALERS

Ritalin, a controlled substance, often crushed & snorted

Powder cocaine

I'm trying to understand the difference between a coke dealer and a doctor who prescribes controlled substances to a patient who doesn't need the drug.  I don't think there is a difference. Many doctors have become legalized drug pushers.  They over-medicate and over-prescribe controlled substances to patients, especially high profile patients, because they want to be part of the Hollywood inner-circle. A starlet who gets pulled over by the cops and searched will not be charged with possession of a controlled substance if she has a bottle of valium in her Judith Leiber purse; but rest assured, she'll be hauled off to jail if she has even the smallest amount of coke tucked away in her lipstick container.  Does this make any sense whatsoever?

When are the states and Feds going to prosecute a doctor for manslaughter for his over-prescription of a patient who dies as a direct result of prescription drug abuse? We arrest the dealers of pot, coke, crack and heroine.  The writing of a prescription for a patient who does not need the drug or who is taking the drug in excess must be a crime. I have represented countless drug dealers as a criminal defense attorney. I have yet to represent a doctor for the same crime.

Gerald Posner reported that MJ's dermatologist, Dr. Arnold Klein, was kicked out of Penn Med School for selling unauthorized prescription meds to students back in the 70's.  Article here. Oh wait, he was asked to leave the school...they didn't want to kick him out because then he wouldn't have been able to continue a career in medicine.  So, Dr. Klein finished his study of medicine at UCLA. Geez, this guy was a dope dealer from Day 1!

Just because Pablo Escobar had access to cocaine, that did not make his sale of it legal.  Just because doctors have access to write prescription drugs, the script does not make the drug legal.  Without the script, the drug is illegal; hence, the reason it's called a controlled substance, just like cocaine.

The difference between a street-drug dealer and a doctor is that the dealer owes the buyer no duty whatsoever.  The doctor, on the other hand, owes his patient a duty 1) not to medicate if the medication is not needed, and 2) not to over-medicate the addicted patient.

The state and the Feds must use the Michael Jackson case to set a precedent and send a signal to all doctors who abuse their license: if you over-prescribe and the patient dies, you go to jail.

www.xpunged.com and www.tamaraholder.com

Monday
06Jul2009

SHOCKER. MICHAEL JACKSON'S DOCTOR NOT REGISTERED WITH FDA TO ADMINISTER THE GOOD STUFF

I suspected something was up from the moment it was reported that Michael had been taken to the hospital after his live-in doctor called 911. Numerous reports have swirled around, including: Michael was on numerous pain meds, he was given propophol, and he was given a daily IV pain medicine right before he went into cardiac arrest.

Well, today more arrows are pointed at MJ's live-in doctor, Conrad Murray. Foxnews.com reports that Dr. Murray wasn't even registered with the FDA to provide or prescribe narcotics in California. "Federal law requires doctors to register with the Drug Enforcement Agency in the jurisdiction in which they administer, dispense or prescribe controlled substances ranging in potency from extra-strength cough syrup to potent painkillers. Murray is licensed to practice medicine in three states, and he is required to register with the DEA in all three if he wants to be able to provide equal drug treatment to all his patients." Article here.

That means one of two things: 1) Conrad Murray was acting alone and fraudulently obtaining and providing drugs to Michael, or 2) another local doctor was prescribing the meds for Conrad Murray's use on Michael.

My guess is that Dr. Murray was not acting alone.  I hope all of the doctors involved in feeding Michael Jackson meds are caught and criminally charged. This is the perfect case to send a signal to Hollywood doctors: you over medicate, you go to jail.

Someone said to me that the doctors may feel pressure to over-prescribe meds to Hollywood clients.  That's ludicrous.  All professionals, especially doctors and lawyers, have a duty to act with ethics.  That's like a major drug lord asking me to bring him drugs into the prison for a huge amount of money since I'm a defense attorney and I can get into the prison without being searched.  I don't care how much money was on the table, I have ethical and moral standards; I would never engage in such behavior.  Many of these Hollywood doctors are legalized dealers who are protected by the FDA and the pharmacy.  Enough already.

www.xpunged.com and www.tamaraholder.com

Thursday
25Jun2009

WHAT'S NEXT: MICHAEL JACKSON'S ESTATE, QUESTIONS ABOUT CAUSE OF DEATH

Tamara & Michael Jackson - November 2007

There's no question Michael Jackson, the King of Pop, leaves behind a legacy. He was considered the most famous man in the world.  I had the opportunity to privately meet MJ in November 2007 at Rev. Jackson's 66th birthday party at the Beverly Hilton in LA. Michael was sweet and genuine. He complimented my dress. I did, however, get the sense that he was empty inside and full of pain.  It was at this meeting I believed there was no way he ever touched a child inappropriately or intentionally harmed anyone. Michael was a good man. And his love of Rev. Jackson as a longtime friend and advisor was obvious.

But...

There are 2 burning questions that, right now, are just speculation and will eventually be answered:

1) Is this another Elvis/Anna Nicole Smith-type death? Was he over-medicated with pain pills? 

Michael Jackson was 50 years old and was only a few weeks away from his final concerts in London. In fact, he was last reported at the United Center just yesterday.  Were doctors drugging him up? "Here, Michael, take this pill and you really will feel like you are walking on the moon." In July 2007, Michael testified during a deposition that he had been addicted to prescription pain medicine.  We are not talking about heroin here, ya'll. We are talking about doctors feeding meds. Article here.  Sound familiar? Remember the doctors who kept feeding prescription cocktails to Anna Nicole Smith until her sudden death?

From the deposition
Q As of March 31, 2003, were you still impaired because of the taking of prescription medication?
A I could have been.
Q During the period of time you were impaired by the taking of prescription medication, was this an impairment that lasted like all your waking hours, or did it come and go?
A It comes and goes, not all of the waking hours, of course not. Yes.
Q Now, during the period of time you were taking this medication when you weren't impaired, did you ever tell one of your advisors that you were [concerned] about your impairment and they better watch what you were signing during this period of time?
A Not that I recall.

Dangerous World Tour
Michael Jackson previously spent time in rehab for his addiction to painkillers.  In 1983, he cancelled the 2nd leg of his Dangerous World Tour for a brief stint in rehab.  Info here.

Remember, Anna Nicole was found unconscious in her hotel room and EMTs tried to save her. Same with Elvis Presley. His girlfriend found him unconscious on the floor of his bathroom. According to wikipedia, in two lab reports filed two months after Elvis' death, each indicated "a strong belief that the primary cause of death was polypharmacy," with one report "indicating the detection of fourteen drugs in Elvis' system, ten in significant quantity."  

There is a HUGE difference between a street-drug addict and prescription-drug addict.  Why?  The doctors have a ethical duty to monitor their patients. They have an ethical duty to not over-prescribe their patients. Doctors are the direct conduit between the patient and prescription drug addiction. Michael Jackson's personal physician was with him at his home at the time Michael went into cardiac arrest...that is suspect...

2) Get Ready for the Biggest Fight of the Estate in History

Michael Jackson's history of financial woes has a fame of its own. Here are a few issues to think about as Michael's estate prepares for an immeasurable legal battle.  If you think there were people out to get him for his money while he was living, just wait...the people staking their claim in Michael's property are going to jump out of nowhere like starving sharks beneath a man on a fishing boat in the great ocean. I betcha attorneys are electronically filing documents right now!

It has been reported for years that Michael has major debt, in spite of the hundreds of millions of dollars he made in his lifetime.  Creditors will get to attach their rights to the estate before Michael's 3 children will see a penny.  But will his kids ever see any money? The only way they'll get a piece of their father's estate is if he provided for them in his will.  What if there is no will? Then fall of his assets will go thru intestate succession and won't be disturbed by a probate judge. 

Neverland Ranch: In February 2008, Neverland Ranch was facing foreclosure.  But, in November 2008, he transferred the title to Sycamore Valley Ranch Company LLC but he still owned an unknown stake in the property (Sycamore Valley Ranch is a joint venture between Jackson and an affiliate of Colony Capital LLC (an investment company run by billionaire Thomas Barrack, Jr.). Neverland Ranch

We also have Michael's ownership of the Beatles catalog, his ownership of his own music, and all of his possessions. And what about his international assets? Michael surely has money tied up in other countries. Remember when he was in Bahrain for some time?  

Then we have the undisclosed settlement, which has been reported to be approximately $15 million, to the child who accused him of sexual misconduct. And what about the $30 million advance from the concert promoters for his major production in London? Beatles - Jackson owns the Beatles catalog

Don't forget all the lawyers involved in Michael's life.  Expect lawsuits against them for not protecting certain assets or not making certain contracts air-tight.  

The fight over Rick James' estate ain't got nuthin' on the fight over Michael Jackson's estate. Michael is estimated to be worth 1 billion but his debts estimated to be about 1/2 billion...that means the legal battle is going to cost hundreds of millions of dollars. I just hope there is something left for his children...

3) What about the people closest to Michael? 

Following Michael's death, brother Marlon Jackson told the press that Frank Dileo, Michael's manager, "told me that Michael last night was complaining about not feeling well. He called to tell him he wasn't feeling well. Michael's doctor went over to see him, and Frank said, 'Marlon, from last night to this morning, I don't know what happened.' When they got to him this morning, he wasn't breathing." 

The 911 call was not placed until 12:21 pm Pacific.  If Marlon's statement is correct, that Michael wasn't breathing when they got to him in the morning, then what the heck was going on between morning and noon? 

Furthermore, if Michael was complaining that he wasn't feeling well the night before, why didn't anyone take him to the hospital that night? Who was with him? And what were they doing? Feeding him more pills? Reports says Michael's doctor gave him demoral - a highly addictive pain medication, before Michael collapsed.  

www.tamaraholder.com and www.xpunged.com

 

 

Sunday
15Mar2009

ANNA NICOLE VIDEOS & FINANCIAL RECORDS WILL BE KEY EVIDENCE AGAINST HOWARD K. STERN

THE VIDEOS

Today, I stumbled upon this piece by Geraldo Rivera. Howard K. Stern's behavior is disgusting, appauling and will most definitely be used against him in his criminal case. Howard K. Stern is a dispicable person if what is alleged is actually true: he fed Anna Nicole thousands of prescription pills that ultimately caused her untimely death. Over 11 different medications were found in her system at the time of Anna Nicole's death. Who was with her at this time? None other than Howard K. Stern. The cumulative effect that these medications had on Anna Nicole certainly contributed to her death; it was not like she died from an overdose of one type of medication taken hours before.  Howard K. Stern never sought medical attention for Anna Nicole.  In fact, certain pharmacists refused to fill scripts and advised Mr. Stern to get help for Anna Nicole.  The advice was ignored.

To me, this video shows malicious intent on the part of Anna Nicole.  Listen to the part where he tells Anna Nicole that the video is going to be worth a lot of money, or the part where a minor child begins to get scared because Anna Nicole is treating a doll like it's a real baby.  (Keep in mind, Anna Nicole is pregnant at the time of this video.)

Here is the transcript from a Greta Van Sustern inteview with Howard K. Stern

 THE FINANCIAL RECORDS

Anna Nicole's financial records will be most interesting. Who was paying for the meds? Who had access to her account? How much was being paid? Was Howard K. Stern a co-signor? Was he receiving any kind of attorney's fees as well?  How much was being paid to the doctors and by whom? Financial records may be important to prove motive: was Howard K. Stern's motivated by Anna Nicole's money and did he receive a direct monetary benefit by being her "friend?"

ANNA NICOLE AT AN AWARDS SHOW - CLEARLY UNDER THE INFLUENCE

Read the complaint in its entirety here.

www.tamaraholder.com and www.xpunged.com

Friday
13Mar2009

ANNA NICOLE SMITH'S BOYFRIEND CHARGED - CONTRIBUTED TO HER PRESCRIPTION O.D.

Anna Nicole & Howard K. Stern getting "married"Howard K. Stern as Anna Nicole's Attorney

Today, the state of CA charged Anna Nicole Smith's boyfriend, Howard K. Stern, and 2 of her doctors, with 8 felonies for essentially contributing to her death by feeding her prescription pills by the thousands.  Article here

FAKE NAME USED

Howard K. Stern allegedly used fake names for Anna to get the pills for privacy reasons. That's the worst defense I've ever heard.  Stars use aliases if they are checking into a hotel, not for thousands of prescription pills.  In fact, there is no reason why confidentiality would be an issue in an already-confidential environment of doctors and pharmacies.  By law, medical information cannot be released in the first place. Furthermore, the complaint alleges this behavior went on for THREE years, from 2004-2007. The amount of time alone is sufficient to show an ulterior motive.

POSITION OF TRUST VIOLATED

Howard K. Stern was up to something in the very beginning.  Remember, he was Anna Nicole's attorney and participated in her suit against her late husband, J. Howard Marshall's estate.  Shortly thereafter, he dissolved his law firm and essentially hung around Anna to represent her "best interests" and make cameo appearances on her reality TV show. Unfortunately, Mr. Stern did anything but look out for the sick Anna Nicole; he fed her pills, pills and more pills.  Instead of helping her to seek professional help, he contributed to her addiction.  In fact, in my opinion, I believe he made her addicted in the first place.   Howard K. Stern used his position of trust to exploit Anna and her sickness.

ATTORNEY CANON OF ETHICS VIOLATED

The purpose of the Canon of Ethics is that attorneys are held to a higher ethical standard than the average citizen.  Mr. Stern began his relationship as Anna's attorney, then he became romantically involved with her, and throughout their relationship he continued to play both roles: lover/friend and attorney.  He engaged in a pattern of misconduct, dishonesty and deceit for years at Anna Nicole's expense.

 

www.xpunged.com and www.tamaraholder.com