IMMEDIATE RELEASE



May 4, 2006

REV. JESSE JACKSON TELLS OHIO COURT OF APPEALS
HE'S COMMITTED TO GETTING DR. NUCKLOS
ANOTHER TRIAL "BY AN IMPARTIAL JURY"

(Springfield, OH) ... Rev. Jesse Jackson wrote the Ohio Court of Appeals to question whether Dr. William Nucklos, a pain physician in Ohio, was fairly convicted and sentenced to twenty years for treating his chronic pain patients; the Rev. Jackson did not think Dr. Nucklos was fairly treated and wrote each and every Judge for the Ohio Court of Appeals, demanding to know, "Is justice really being served?," and announcing his committment to "seeing William Nucklos granted a new trial, judged by an impartial jury and presided over by an impartial judge."

John P. Flannery, a former NY federal prosecutor, now in private practice in Virginia with Campbell Miller Zimmerman, PC, who represents Doctor Nucklos said, "We asked the Court of Appeals to release Dr. Nucklos pending appeal, and they have done so. Now we are fighting on appeal to get Dr. Nucklos a new trial."

The Pain Relief Network (PRN) founded and headed by Siobhan Reynolds applauded the Reverend Jackson for speaking out. "We have too few leaders speaking out about these matters," said Siobhan Reynolds, "and it gives us hope when the Reverend Jackson gives voice to our concerns."

Asked to comment on the Reverend Jackson's letter, Mr. Flannery said, "The Reverend Jackson is raising questions we've been concerned about in our appeal."

In the bail application, Mr. Flannery said "We told the court that one of the issues on appeal was whether the jury selection in Clark County, Ohio was racially discriminatory."

In his letter to the Court, the Reverend Jackson said: "Although Springfield, Ohio has an African American population of approximately 20 percent, not one African American served on William Nucklos’ jury."

"We also expect to question how this case was brought to trial," Mr. Flannery said.

The Reverend Jackson said: "It is also noteworthy that despite the death of his attorney, and the law firm’s failure to proceed, Dr. Nucklos’ was denied a continuance so that he could retain a lawyer and have adequate time to prepare for his case." Mr. Flannery was not the trial counsel, but is handling Dr. Nucklos' appeal, and said, "We have raised questions about the 'rush to judgment' and the effectiveness of counsel at trial."

The Reverend Jackson wrote the court: "I am also aware of other local cases where physicians have been charged and convicted of more egregious crimes yet received lenient sentences."

On May 3, 2006, the Reverend Jackson wrote every judge on the Court of Appeals on behalf of the Rainbow Push Coalition.

"We are encouraged that the Reverend Jackson sees what's gone wrong here," said Flannery, "and we're hopeful that we can set this right with this appeal."





IMMEDIATE RELEASE - APRIL 8, 2006



CAMPBELL MILLER ZIMMERMAN, PC - WWW.CMZLAW.COM;

Contact: John P. Flannery - 202-365-5060 ([email protected])

OHIO PAIN DOCTOR RELEASED ON BAIL PENDING
AN APPEAL BROUGHT BY JOHN P. FLANNERY
ATTACKING THE DOCTOR'S CONVICTION

(Springfield, OH)... Former federal drug prosecutor, John P. Flannery, in private practice with Campbell Miller Zimmerman, PC in Leesburg, VA, convinced the Ohio Court of Appeals to release Dr. William Nucklos, 58, on bail pending an appeal that challenges Ohio State's efforts to criminalize a doctor's treatment of chronic non-cancer pain patients; Mr. Flannery thanked the family of Dr. Nucklos and the Pain Relief Network and its founder Siobhan Reynolds for all their help in obtaining this result.

"State and federal prosecutors think they know better than the doctors and patients," Flannery said, "that's what these pain cases are about."

"These prosecutors are not doctors themselves," Flannery said, "and they make up what conduct is offensive - as they go along - by claiming that this or that medical practice is not "legitimate" because the Just-Us Department or some State Agency says so; and they say so because they believe that no one should have long term pain medication, and particularly not have opioids although, for many, that is the only pain relief that allows them to function as normal human beings".

Flannery is challenging the recent state conviction of Dr. Nucklos, a pain physician, who was convicted because, Flannery said, "he cared to help pain patients when other physicians were too afraid that the government would arrest them, and lead them off in cuffs for doing precisely what good medicine requires."

"We argued Dr. Nucklos' bail application before a three-judge panel of the Court," Flannery said, "and we told the panel that not only was the physician rightly treating pain patients, and that he was no risk of flight, but that this prosecution was part of a trend by the alleged flat-earthers to deny treatment to chronic pain patients."

Asked what this had to do with our community and, more generally, the region, Flannery said, "not only do we have a pandemic of 55 million undertreated chronic pain patients across the nation, we also have a goodly number of such persons in Ohio who are suffering from chronic pain and having a great deal of difficulty to get treatments. These prosecutions have a direct bearing on whether physicians may prescribe the kind of meds necessary to other physicians, or make it ups as they go along."

The issues on appeal were substantial enough, a requirement to obtain bail pending appeal, for the Court of Appeals for the 2nd District of Ohio to grant Dr. Nucklos' motion to be released.

In his emergency bail application, Flannery objected, just as he did at oral argument before the panel, that the trial court had failed to act on the bail application, enabling the Court of Appeals to consider the motion. Otherwise, Flannery insisted that the trial would have to be repeated as (1) the jury selection was racially discriminatory, (2) the evidence was insufficient to prove that Dr. Nucklos had done anything other than fulfill his oath as a doctor, (3) that the prosecutor had offered prejudicial and inflammatory evidence that should have been excluded, (4) that the jury instructions were in error, as they criminalized Dr. Nucklos's treatment of chronic non malignant pain because the state prosecutor insists on a policy of intolerance for any opioid medicine, no matter its analgesic function.

Mr. Flannery has argued recently before the Florida State court to save patient Richard Paey who was featured on Sixty Minutes for the 25 year mandatory sentence that was unjustly imposed for Paey possessing the medication necessary to treat his condition; a decision on that appeal has not yet been rendered..

Mr. Flannery has also recently filed an appeal with the US Court of Appeals for the Fourth Circuit for Dr. Ron McIver from South Carolina, in what Flannery insists, is "the first test of the recent Supreme Court decision, Gonzales v. Oregon, that challenged the Justice Department's authority to set medical standards"; at this time, we are awaiting upon the Court's decision to set the matter down for oral argument.

Mr. Flannery is an officer and Director of Campbell Miller Zimmeran, PC and before that served variously as a law clerk to the US Court of Appeals for the Second Circuit, as a federal prosecutor in the Southern District of New York, as a Senior Associate for the mid-town law firm of Poletti Freidin Prashker Feldman & Gartner, and served two tours of duty on Capitol Hill, as Special Counsel to the Senate Labor and Senate Judiciary Committees, and, later, as Special Counsel to the House Labor and Judiciary Committees, and as a Chief of Staff for Congresswoman Zoe Lofgren, representing Silicon Valley in Congress. # # #

Copies of the court order, and excerpts from the motion filed with the Ohio Court of Appeals are attached hereto.

Warmest regards,

John

John P. Flannery II
Campbell Miller Zimmerman PC
19 East Market St., Leesburg, VA 20176
Office: 703-771-8344
Cell: 202-365-5060
Home: 540-822-3975
[email protected]
Ithaca Manor Web site ;






Dr. William Nucklos
Allowed Out On Appeal



3/28/06 - In a unprecedented move on Friday, the State of Ohio motioned to release Dr. William Nucklos on bail pending his appeal.

John P. Flannery, Nucklos attorney, argued that the trial court had failed to act on thier bail application, that jury selection was racially discriminatory, that the evidence was insufficient, that the prosecutor had offered prejudicial and inflammatory evidence that should have been excluded, that the instructions were in error, as they criminalized Dr. Nucklos's treatment of chronic non malignant pain because the state prosecutor has a policy of intolerance for any opioid medicine.

The Pain Relief Network hopes this victory is the turning point, when judges throughout the country realize that they have been victim to an elaborate confidence game masquerading as a legal case.

Visit PRN for more information.
http://painreliefnetwork.org/






Doctor is given 20 years
for drug trafficking



http://www.springfieldnewssun.com/news/content/news/stories/2006/02/23/sns0223nucklos.html

02/23/2006 - Dr. William Nucklos had a courtroom full of supporters — including a 1968 Olympic gold-medalist — at his Wednesday sentencing for 20 counts of drug trafficking and illegally possessing drug documents.

Nucklos was sentenced to serve 20 years in prison and a $100,000 fine. His medical license was suspended for five years.

Judge Douglas Rastatter questioned why Nucklos should be treated differently from a street dealer if he hadn’t fulfilled his medical duties.

A jury found Nucklos, 58, of Powell, guilty Feb. 15 after a two-year investigation of his Springfield medical office where he sold OxyContin prescriptions for $75 to $200.

Ronnie Harris, of Canton, who won an Olympic medal as a boxer, said he has known Nucklos since he was about 8 years old.

One by one, Harris had his wife and children stand up while he detailed how Nucklos had saved or improved their health.

Harris offered his medal to the court as a sign of his belief in Nucklos. Rastatter declined the offer.

“I would hope that this court looks at the true man that they’re judging,” Nucklos’s wife, Shirley, said. “His patients are not numbers, they are people and he loves his patients.”

Defense attorney James Willis, who said he will appeal the case and sentence, requested the minimum 10-year sentence.

“At no time, with no patient was it ever my intent to provide any sub-medical care or give medicines for anything other than a legitimate medical purpose,” Nucklos said.

The prosecution questioned the vast differences in statements of patients Nucklos treated in Columbus and Springfield.

“I have to wonder if Dr. Nucklos was living a double life,” said Special Prosecutor Carol O’Brien, of the state attorney general’s office.

O’Brien pointed out Nucklos’s duty as a physician to follow legal guidelines and asked for the maximum 50-year sentence.

“This is the worst form of this offense,” she said. “You have a doctor whose obligation is to do no harm, trafficking in something extremely harmful.”





Doctor could get up to 50 years in drug case



http://www.springfieldnewssun.com/news/content/news/stories/2006/02/22/sns0222nucklos.html

02/22/2006 - Today’s sentencing of Dr. William Nucklos could result in up to 50 years in prison for the 20 felony counts of drug trafficking and illegally processing drug documents he was convicted of Feb. 15.

Nucklos, of Powell, is a Columbus-based doctor who opened his Springfield office in 2001 and saw patients once a week, Clark County Prosecutor Stephen Schumaker said.

About 50 patients a day came to the office, where Nucklos accepted cash-only prescription payments of $150 to $200 for first-time visits and $75 to $100 for return visits, according to court record.

Nucklos prescribed strong pain relievers and anti-anxiety pills for complaints from headaches to back aches, Springfield Police Division Detective Keri Frasco said.

Of the more than 200 patients he saw during his Springfield stint, many received prescriptions for OxyContin, a pain relief drug the Food and Drug Administration has warned physicians to be cautious about prescribing because of its increased abuse.

Complaints from local medical personnel questioning the doctor’s practices piled up, and police began an undercover investigation in June 2002, Frasco said.

Three undercover officers went to the office feigning pains, and Nucklos prescribed each the high-powered painkiller visit after visit, she said.

Nucklos continued running his Springfield practice until served a search warrant in October 2002, during which patient records were collected for review by state medical professionals, Schumaker said.

The two-year investigation revealed Nucklos did not require referrals or request a patient history from previous doctors and kept poor patient charts, Frasco said.

“There would be questions with any medical record that was so scant, because the purpose of a medical record is to document the treatment, the treatment plan and the testing with that specific patient,” said Joan Wehrle, spokeswoman for the Ohio Medical Board.

Nucklos was arraigned in November 2004, and an appearance bond was set, allowing him to continue practicing medicine until his trial, Schumaker said.

Because Nucklos was found guilty last week, the state medical board can issue charges against him and determine proper discipline, ranging from a reprimand to a permanent revocation of his medical license, Wehrle said.

Nucklos will go before Judge Douglas Rastatter today at 1:30 p.m. for sentencing.








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