-Caveat Lector-

AAPS: Unlimited Forced Drugging OK'd By Court; Physician Group Calls Ruling
'Shocking & Inhumane'

Fri Mar 8, 5:39 PM ET

To: National Desk

Contact: Kathryn Serkes, 202-333-3855, for AAPS, [EMAIL PROTECTED];
Web: http://www.aapsonline.org or Andrew Schlafly, Esq., [EMAIL PROTECTED]

WASHINGTON, March 8 /U.S. Newswire/ -- Defendants can be forcibly drugged
even though they haven't been convicted of any charges and pose no danger to
themselves or others. That's the ruling issued yesterday by the Federal
Court of Appeals for the Eighth Circuit in the case of United States vs.
Charles Thomas Sell. (see
http://www.ca8.uscourts.gov/opndir/02/03/011862P.pdf) The 2-1 split decision
establishes government power to forcibly medicate a person with
mind-altering drugs even before trial.

"It's a shocking, inhumane decision. Now, all the government needs are
allegations and a cooperative psychiatrist to forcibly drug any citizen,"
said Andrew Schlafly, general counsel for the Association of American
Physicians and Surgeons (AAPS). That group filed an amicus brief opposing
the government drugging.

"It's unprecedented to allow prosecutors to drug peaceful defendants
presumed to be innocent. Government cannot force citizens to pledge
allegiance to the flag, but now can forcibly medicate them with
mind-altering drugs," said Schlafly.

Dr. Sell, a St. Louis dentist, has been imprisoned for more than 4 years,
including 1-1/2-half years in solitary confinement after being charged with
Medicaid fraud. He has never been brought to trial.

While acknowledging that "the evidence does not support a finding that Sell
posed a danger to himself or others" the majority opinion still found that
"charges of fraud" alone are "serious" enough to justify forced medication.
Further, the Court held that there are no limits on the quantity or type of
drugs.

"There's no good reason why Dr. Sell has been held so long without trial,
and this decision will most likely prolong his imprisonment with no end in
sight," said Schlafly. The dissenting judge pointed out that even if Dr.
Sell were to be found guilty, his sentence would be no more than 41
months -- one year less than he's already served.

A similar case is pending before the same court to allow the state to
forcibly medicate a convicted murderer for execution.

"It's appalling that the court will drug a man presumed to be innocent, even
if it's illegal to do the same thing to a convicted killer," Schlafly said.
He said that AAPS will seek to overturn the ruling.

AAPS is a non-partisan, dues-supported professional association of
physicians in all practices and specialties, dedicated since 1943 to
protecting the sanctity of the patient-physician relationship from
third-party interference.

For more information on Dr. Sell's case, see http://www.aapsonline.org and
click on "Court Okays Forced Drugging"


http://www.usnewswire.com/

-0-

/� 2002 U.S. Newswire 202-347-2770/

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