http://www.worldnetdaily.com/bluesky_exnews/20000221_xex_doctor_seeks.shtml

Doctor seeks justice

after DEA's clinic assault

Judge: 'One of the most outrageous things I've ever heard of'

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By Frank York ) 2000 WorldNetDaily.com

A West Virginia physician isn't sure he can ever obtain justice in his state. After federal Drug Enforcement Administration agents invaded his office, terrorized his family and patients, arrested him on phony charges -- charges so bogus a judge threw them out in disgust -- and after having spent more than $300,000 to defend himself, Dr. Danny Westmoreland still can't obtain justice.

On the morning of June 23, 1995, Westmoreland's Mason, West Virginia home and office were invaded by a contingent of 17 Drug Enforcement Administration agents and local sheriffs. With DEA agent Mike Mounts leading the attack, his team assaulted the reception area with guns drawn and forced more than a dozen patients to put their hands against the wall.

Westmoreland first learned of the attack when his daughter came screaming into the house to tell him his office was being robbed. When he and his wife ran outside to find the police already on the scene, they were relieved -- but their relief quickly turned to horror as they realized that it was the police who were attacking the medical clinic.

While Westmoreland and his wife were still outside, DEA agents inside his home had cornered his housekeeper and his nine-year-old son and held guns to their heads. His son was weeping and shaking uncontrollably from fear. Other agents searched the house for medical records.

As Westmoreland tells it, he yelled at one of the leaders, whom he later learned was Randy Rine, a local DEA agent.

"What are you doing?" he yelled.

"You know exactly what we're doing," said Rine.

"But I don't know who you are," said Westmoreland. No agent would tell him why his clinic was being raided by the S.W.A.T. team. He demanded to be shown a search warrant, but was refused.

Then, for eight hours he sat in his kitchen as the DEA ransacked his home. They took his computers, medical files and even a couple of two-dollar bills that his dying father had given to his son and daughter.

After several hours, said Westmoreland, one of the DEA agents gave him some advice.

"Listen," the agent said, according to Westmoreland, "you need to understand something. My sister was once accused of something she didn't do. You need to get out and tell your side of the story before the news makes up their own side." Westmoreland didn't know what to say because he still didn't know why his home office was being ransacked. The agent recommended he seek legal counsel from local attorney Mike Carey.

After meeting with Carey the following week, Westmoreland learned that he was being charged with money laundering, Medicaid fraud, and prescribing unnecessary pain medications.

Trumped-up charges It took two agonizing years before Westmoreland finally learned the truth about what had happened to him. The attack on his home had been a setup, he found out, orchestrated by two former disgruntled employees who had conspired with a local DEA agent to teach Westmoreland a lesson.

As he faced the bogus charges against him, government lawyers offered him a deal: If Westmoreland would confess to minor offenses, they would fine him one dollar and walk away from the case. Westmoreland, however, was outraged at the injustice done to him and to his wife and children as well as his patients during the raid. He insisted on going to trial to prove his innocence.

It was two years before Westmoreland's case came to trial. The government's case against Westmoreland was so weak and filled with so many lies that Judge Joseph R. Goodwin would not even allow the jury to render a verdict. After reviewing the evidence, Goodwin dismissed all charges against Westmoreland.

The transcripts of the court proceedings held on Sept. 24, 1997, and Oct. 20, 1997, reveal that DEA agents were willing to lie under oath to protect themselves from being held liable for their actions.

The judge was outraged at the DEA for its invasion of Westmoreland's office and how they terrorized his patients.

"I am appalled," said Goodwin, "I am shocked. And it is something this Court will not tolerate. I intend to review this evidence very carefully. It is one of the most outrageous things I've ever heard of. ... And if I have to call for an investigation from Washington ... I will do that because that will not happen in this district ever again. There is not justification for it."

The judge issued this opinion on Oct. 20, 1997. All counts against Westmoreland were dropped for insufficient evidence. In rendering his verdict, the judge told the jury, "In our system of justice, it's a rare occasion when a Court is required to enter a judgment of acquittal without allowing the jury to make its own decision. ... I believe that no reasonable jury person could conclude that this defendant was guilty of each and every element of the offense beyond a reasonable doubt, then [because of these facts] I take the case from you and grant the defendant acquittal on each count."

Westmoreland was relieved to be acquitted, but it had cost him more than $300,000 to defend himself against the false charges.

Targeted for harassment A local law enforcement agent told Westmoreland he had been targeted for harassment by his former office secretary Sheila Russell Murphy, his former partner Dr. Ronald Chattin and DEA agent Randy Rine. Court documents provide evidence of collusion between Murphy, Chattin and Rine.

Murphy's 1997 testimony under oath revealed that she and her good friend Dr. Chattin had decided to work together with the government against Westmoreland. They were attempting to find evidence to prove the physician was guilty of Medicaid fraud or of illegally dispensing drugs.

Murphy's motivation appeared to be her anger that Westmoreland had denied her an extra, unearned week of paid vacation. Chattin was angry that Westmoreland had fired him for failing to generate an adequate income for the business. According to court records, Chattin encouraged Murphy to contact DEA agent Rine about Westmoreland.

Murphy then offered her services to Rine as an undercover informant for the DEA in Westmoreland's office. She claimed the physician was overbilling Medicaid patients and was prescribing illegal drugs. Neither of the claims were true. She also helped Rine in an attempted sting operation by introducing a female DEA agent to Westmoreland as one of her relatives who needed drugs. The sting failed when Westmoreland refused to prescribe the drugs.

However, Murphy herself was eventually prosecuted for forging Westmoreland's signature on prescription drug order sheets. She confessed to obtaining drugs for her husband who was in prison in Wisconsin.

DEA agent apologizes Just a few months after Goodwin dropped all charges against Westmoreland, DEA agent Mike Mounts came to the physician's home for a brief visit. He apologized for what had happened during the raid and said he knew something was wrong with the operation from the beginning. He said when he arrived at the staging area, he and his agents were told to "do it hard" when they attacked the home office. He also told Westmoreland that his tactical team had watched videos of the assault on the David Koresh compound at Waco for guidance on how to take the office.

According to Westmoreland, Mounts' supervisors had him removed from the area quickly in 1995 to avoid having him testify in court. Mounts indicated he would have told the truth about what happened. He also said he had protested the DEA operation to higher authorities, but was made the scapegoat for the incident. Court documents indicate he was fired from the DEA in 1996.

Mounts told Westmoreland his supervisors had nailed him on a phony "morals charge" -- specifically he had been accused of violating DEA policy when he shipped some of his finance's furniture with his own when he was moving to a new location.

WND attempted to contact Mounts for his perspective on this case, but our repeated phone calls were not returned. Mounts is currently working as a private investigator in Charleston, West Virginia.

Justice delayed is justice denied Although the law and the facts are on his side, Westmoreland is frustrated by his own lawyers' apparent unwillingness to take on the DEA. He is currently suing Dr. Ronald Chattin for causing financial damage to his business, but expects to receive only a vague apology.

"He's offered to pay some legal fees and give me a formal apology," said Westmoreland, "but he won't admit he's done anything. The apology would be for anything that may have given a disheartening picture of myself or the clinic."

Westmoreland is also currently suing West Virginia's Medicaid Fraud Unit and several DEA agents on behalf of his children for the violation of their civil rights. But he is concerned that the statute of limitations may have run out.

After firing his first two lawyers for refusing to properly represent his interests, his next two lawyers helped him through his brief trial, but dropped out when he decided to sue one of their local lawyer friends.

Today, his fifth lawyer, Jack Kessler, is still dragging his feet in filing a civil rights lawsuit against DEA agents and a former employee who was involved in a conspiracy to destroy his business and reputation, said Westmoreland.

Westmoreland is convinced that because of the cozy relationships between law firms in West Virginia -- and because of their desire to obtain federal appointments -- few local lawyers are willing to sue the federal government. While Kessler is willing to sue individual DEA agents, he refuses to sue the DEA for its attack on Westmoreland's home office. As a result, Westmoreland has been denied justice for five years.

As it stands, Westmoreland has lost more than $300,000 in legal fees, he has had his reputation damaged in the community even though he was proven innocent of all charges -- and so far, his DEA victimizers have simply walked away.

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Frank York is a free-lance journalist living in Nashville, Tennessee.

-- Hokie (Hokie_@hotmail.com), February 21, 2000

Answers

The frightening thing about this story is that none of us think that anything like this could happen to us. We only read about it in the newspaper or TB2000. Perhaps we can't be too sympathetic because after all he was a doctor therefore rich but that's not really the point. There are gazillions of government agencies that can do something equally eggregious and unscrupulous.

Everybody has examples but I'll give a brief one (not my best one). An OSHA inspector came to our jobsite and notice a working platform that was too high without railing or some such. He was getting ready to write up a HEAVY fine but my brother called him on it. The inspector made a VISUAL estimation and my brother put a tape measure on it. The inspector was off by several inches. In the ten years cumulative that we spent in construction, neither one of us ever got hurt. But for our own safety we need inspectors to tell us how its done or get heavily fined in the process. Thankyou Americans for our overregulated society.

Bottom line - Less government is More.

-- Guy Daley (guydaley@bwn.net), February 21, 2000.

Yea - this is a scary one - I live about 300 yards from Westmoreland's office here in West Virginia. Thankfully, I did not live here in '95 when the incident occurred, but it just goes to show you that the DEA/ATF/Fed Government will try to do whatever they want, whenever they want. This town has probably less than 100 people living here, and we just got a Wal Mart - there are very few other stores - There was only one small grocery before the Wal Mart went in. It's freaky

-- robert bright (roosterbos@go.com), February 22, 2000.

How many times can the jack booted thugs get away with abusing Citizens before people wake up and do something?

-- just a thought (tigerpm@netscape.com), February 22, 2000.

"...wake up and do something..."

Such as? This doctor has tried to "do something," and the lawyers in his area are AFRAID to help him to "do it." How many times is this repeated across the country? Who has been able to "do something" about it?

At least this one honest judge "did something," but it did not UNDO what was done to this doctor's reputation, and perhaps to his practice.

-- Elaine Seavey (Gods1sheep@aol.com), February 22, 2000.

How about not voting for the dems or republicans for a start?Or maybe electing a county sheriff with enough guts to keep abusive federal agencies out of the county.They do have that power by Law.How about reguiring school children to learn about the Constitution'the Bill of Rights and what they mean?

-- just a thought (tigerpm@netscape.com), February 23, 2000.

He's gonna sue the DEA? Doesn't that practicaly guarantee that some "evidence" will be "found" in his car or house?

If you're that into danger, you might as well decide it's time to feed the hogs.

-- Henry Bowman (anywhere@anytown.usa), February 23, 2000.

Guy D. and others ..... Remember there are over 200 MILLION laws , rules and regulations in the U.S. AND growing at 10,000 a day . Any wonder the lawyers have so many volumes of law books , and even the judge has to look it up or have it explained to him by the lawyers arguing the case.

However , just violate one of these Laws , etc. and you will either - pay the fine or go to jail . 99% pay the fine . WHO gets the fine ? The local, state or Federal boys who made the laws in the first place . Now you know why they make more and NEVER reduce the number on the books ( Remember the 'new" Republician Congressman, who in 1994 , said they were going to reduce these outdated and unwanted laws ? Got great news coverage . Little or NOTHING happened after they got there 30 seconds of coverage , BECAUSE MONEY IS = POWER !

Try telling the judge you never heard of " that law, rule or reg. . You'll get a sing-song from him/her on the bench , " Ignorance of the law is NO EXCUSE ! ". Been there ... heard that . Also , remember , as I taught my dirver ed students for 7 years ; that policeman who gave you the ticket is AN OFFICER OF THE COURT . His decision to do so means you are GUILY TILL PROVEN INNOCENT , as his word is from an official of the court , the same ones who wish to collect the fine or put you in jail . The old addage IS correct ; These are courts of law , NOT courts of JUSTICE ! Eagle

-- Hal Walker (e999eagle@FREEWWWEB.COM), February 23, 2000.