John D. Georgetti

 

 

On May 25th of this year my fiancé, John D. Georgetti, was given a prescription by his regular physician, which was written incorrectly.  When the pharmacists contacted the doctor regarding this mistake, the doctor denied knowledge.  My fiancé was then arrested by a State Trooper. 

 

My fiancé has been unable to hold long term employment due to a work related back injury some years ago.  He has been on pain management medication for a considerable amount of time.  Because he has been unable to work he had to apply for a Public Defender, Mr. Frank H. Hamlin III, Esq. 

 

During the course of this process, prior to his jury trial, the Assistant District Attorney, Brian Dennis, made several offers to my fiancé to accept guilt without a jury trial.  On advice from counsel as well as our own knowledge all offers were declined because my fiancé was not guilty of this charge.

 

On December 21st we went to trial.  When in the discovery phase of this case, we made sure the Public Defender was aware of several other prescriptions this physician had written that were blatantly altered.  One of which was done a few weeks after this item in question, and to which I was a witness.  Due to the incompetence of the Public Defender, Mr. Hamlin, these other items were not introduced as evidence that this physician had a propensity to make mistakes. 

 

An attending pharmacist at the physicians office was prepared to be a witness to this physicians errors, but once again, due to the incompetence of the Public Defender, his testimony was not allowed, as well as any mention of same by me.

 

Mr. Brian Dennis, the Assistant District Attorney for Ontario County, failed to notify and provide reports to the Public Defender that after a forensic investigation of the prescription it was determined that the ink was not independent of the original prescription.  The Judge, Frederick G. Reed (a family court judge I may add who wanted the right to get his feet wet in criminal court), allowed the State Police to introduce a blow-up of the said forged instrument to do a comparison of a number.  This was also done without prior notice to defense.

 

The outcome of this farce of a trial was obviously a guilty verdict.  My fiancé was given a 2-4 year sentence.  At the sentencing Judge Reed gave my fiancé a lecture on Oxycontin being a street heroin equivalent.  We are puzzled by this lecture as this medication was not Oxycontin?  Also, as his fiancé, I was told that my evidence was not to be believed over the Doctors assistant, because of her stature? 

 

Let me be clear here.  I cannot deny my fiancé has not done wrong over the course of his life.  Yes, he has been in trouble with the law; however, since he has been with me, he has been making every effort to correct his past mistakes.  We both visited his physician to discuss his pain medication treatment.  We informed the physician many times that we wanted to address his possible addiction, and that we wanted him to be weaned off of any narcotics.  Because of the length of time this physician has been medicating him, this had to be done slowly and with different medications.  We had made significant progress prior to all of this.

 

I was a witness to this entire fiasco, along with the following incorrectly issued prescription amount by this physician.  Also, at trial this physician not only was allowed to violate the HIPA law, but to also make up some story regarding someone else’s possession of this script that day.  After this incident in May of 2005, I attended a visit with my fiancé and the physician and at that time he stated he was making a statement that someone else had temporary possession of this script and I asked him why he would do that?  He would not give me a direct response.  He also claimed I had told him that my fiancé was buying medications off the street?  I was appalled that he would even imply that of me.  I have had no interaction with the law or with this kind of environment, in my entire life!

 

This physician, Sudipt S. Deshmuk, M.D. did not use any type of carbon copy prescription pads, which he wrote and did not have typed.  He only has his word that he dispensed narcotics accurately.  We only have the fact that we were ignorant for not looking at the prescription prior to leaving the physicians office and presenting it to a pharmacist.  As this was practically a weekly process it did not occur to us to do so.

 

Now, my options with my fiancé are to hire another incompetent Public Defender who is versed in Appellate law to appeal his conviction.  The Catch 22 of this injustice is if we file an appeal, he stays in prison for as long as it takes, but if we allow the court to leave this felony on his record, he may get out of prison at an earlier opportunity.  BEING POOR SHOULD NOT BE THE CRIME!  Please know I would not defend this man if I knew in any way that he was guilty.  I believe that if you do the crime you do the time.  This man did not do the crime.  What recourse do I have, other than sell my home to come up with funds to defend an innocent man and get him the FAIR trial that he deserves, to sue the Family Court judge for accusations against my character as an individual he does not know, and a Public Defender who had no conception of how to fight a felony case?

 

Thank you for your time in reading this letter.  I have tried to keep this concise and unemotional, but I feel that a great injustice has been done, and my faith in any kind of legal system has been destroyed. In never occurred to me that not being able to retain paid counsel would result in such incompetence.  I am very saddened at our treatment by the system.

 

Respectfully yours,

Christine S. O’Brien

86 Church Street

Victor, NY 14564

(585) 742-1999

(585) 509-4729

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