Pill Popper Shopper Days are Numbered in WV

Without much debate, prescription medication abuse is a widespread problem in West Virginia, particularly as to popular pain killers like hydrocodone (also known as Lortabs) and oxycontin.

Sadly, many folks who are lawfully prescribed these medications turn to over-use of the medications or outright illegal selling of the same. To obtain more than they need, folks will go to different doctors in various areas to get multiple prescriptions for the same alleged medical condition, a practice known as "doctor shopping."

Now, the State of West Virginia will be cracking down on folks who get large quantities of these drugs and on medical providers who over-prescribe them. By the end of March, 2013, State Police and certain drug task forces in the State will have access to a fully operational computer tracking system that will help law enforcement determine the identity of "doctor shoppers" and medical providers who over-do it.

In Webster County, when law enforcement receives information resulting in a reasonable suspicion that a person may be "doctor shopping," they request prescription information about that person from the State Board of Pharmacy, which is a rather cumbersome process to determine if any abuse is occurring. The new computerized system will be much quicker as law enforcement will have immediate access to the information.

Law enforcement in Webster County have for many years now instituted a policy to help crack down on at least one type of prescription pill abuse. Some folks will file reports that their prescriptions were stolen, hoping that law enforcement will file a report so that the person can go back and get more drugs. Before law enforcement will file such a report, folks claiming their prescriptions were stolen must first submit to a polygraph examination (i.e., lie detector test).

For more detailed articles on West Virginia's prescription medication abuse problem, please click the links below:

http://www.thedaonline.com/news/prescription-abuse-rampant-in-w-va-1.2903681#.UOsaoG_BG2Y

http://www.justice.gov/usao/wvs/press_releases/August2011/attachments/Summit_Report.pdf

http://www.nabp.net/news/doctor-shopping-and-pharmacy-shopping-linked-to-drug-related-deaths-pmps-can-help-study-concludes

West Virginia has a specific law criminalizing "doctor shopping," as follows:

§60A-4-410. Prohibited acts--Withholding information from practitioner; additional controlled substances; penalties.
(a) It is unlawful for a patient, in an attempt to obtain a prescription for a controlled substance, to knowingly withhold from a practitioner, that the patient has obtained a prescription for a controlled substance of the same or similar therapeutic use in a concurrent time period from another practitioner.
(b) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for not more than nine months, or fined not more than $2,500, or both fined and confined.
(c) The offense established by this section is in addition to and a separate and distinct offense from any other offense set forth in this code.

Convicted Felon Back in Jail on Similar Charges

Above: Regional Jail website booking photo and information about Hubert R. Tanner, Jr.

Hubert Roy Tanner, Jr., age 36, of Webster County, was arrested by the West Virginia State Police Saturday on felony charges of operating or attempting to operate a clandestine drug lab and of a felon being in possession of a firearm. According to the Regional Jail website (www.wvrja.com), Tanner is being held on a $150,000.00 bond at the Central Regional Jail.

Readers may recall that Tanner, Jr. was arrested in 2006 in Webster County on two separate occasions for operating or attempting to operate a clandestine drug lab (i.e., meth labs). In January, 2006, Tanner, Jr. and his then girlfriend were both arrested and charged with operating or attempting to operate a meth lab and with child endangerment. In May, 2006, Tanner, Jr., his father, Hubert R. Tanner, Sr., his half brother, Jeffrey Tanner, his then girl friend, and Tanner, Sr.'s ex-wife were all arrested on charges of operating or attempting to operate a meth lab and with conspiracy.

Tanner, Jr. eventually pleaded guilty to one felony count of operating or attempting to operate a meth lab, one felony count of conspiracy, and one felony count of child endangerment, and he spent over four years in prison on those charges, plus he was put on probation on one of the three charges, which was to be served after he was released from prison.

Tanner, Jr. was serving his probation sentence when the current arrest was made. Recently, the Circuit Court issued a warrant for Tanner, Jr.'s arrest on a probation violation. When the State Police executed the arrest warrant Saturday, they obtained evidence resulting in the current charges.

WV Supreme Court is Live on the Web

The West Virginia Supreme Court of Appeals allows anyone with an Internet connection to watch and listen to oral arguments made to the Court when it is in session according to the schedule published by the Court.

When the Court is in session, arguments begin at 10:00 a.m.  The Court recesses from Noon until 1:30 p.m., at which time the Court reconvenes to finish up arguments on the scheduled cases.

The Supreme Court publishes a calendar of when it is in session, which can be accessed at this link:

http://www.courtswv.gov/supreme-court/calendar-docket.html

If Court is in session and you want to watch and listen to an argument, you will need Windows Media Player to connect using the following link:

http://www.courtswv.gov/supreme-court/webcast.html

More information about the Court's webcast is available at the above link as well. The webcast page is shown below.

Highlanders Back in Win Column After Easy Victory Over Midland Trail

Despite a relatively close first half, the visiting Webster County Highlander boys' basketball team ran away from the Midland Trail Patriots 81 to 54 Thursday evening in Hico.

Except for the first few minutes, Webster kept a comfortable lead throughout the entire game. The Highlanders held an 8 point lead at the end of the first quarter at 22 to 14 and increased the lead to 37 to 26 at halftime. They outscored the Patriots 26 to 18 in the third quarter to take an insurmountable 63 to 44 lead into the final stanza. At this point, both coaches cleared their respective benches early in the fourth quarter, and Webster ran further ahead to the final score of 81 to 54.

Senior Brett Morris put on a virtual basketball clinic on both offense and defense, leading all scorers with 24 points. Morris also had a whopping 18 rebounds, 7 assists, 4 steals, and 4 blocked shots. 

For the second game in a row, junior Dalton Davis had a strong game at both ends of the court. Davis scored 13 points and had 5 rebounds, 1 steal, and 1 assist. Senior Hunter Given nailed 16 points, with 7 rebounds, 5 assists, and 2 steals.

Freshman Robbie Cogar is about to receive the "no look" pass from senior
Brett Morris in the fourth quarter of the Midland Trail game this evening.

Perhaps the most interesting development of the night was head coach Jerry Dean's decision to move up freshman Robbie Cogar to the varsity squad. Cogar saw significant playing time in the game, scoring 6 points, including an easy layup basket off of a smooth "no look" pass from Morris. Despite his freshman status, Cogar performed at a much higher level and will continue to be another weapon in the Highlander arsenal. Cogar also had 1 steal, 1 blocked shot, and 1 assist.

Others playing for Webster included: Stephen Cogar, 6 points, 5 rebounds, 3 steal, 1 blocked shot, 1 assist; Guy Cowger, 5 points, 4 rebounds, 2 assists; Jake Thayer, 6 points, 2 rebounds; Lance Stout, 3 points; Rick Holcomb, 2 points, 3 blocked shots, 2 rebounds; David Muzny, 5 rebounds, 1 assist; and Logan Taylor, 2 rebounds, 1 blocked shot.

With the win, Webster improved to five wins, one loss on the season. They next play the Richwood Lumberjacks at Highlander gym in Upperglade on Friday, January 11, 2012, followed by a trip to Ravenswood on Saturday, January 12, 2012.

Assistant Coach Eddie Mazzella's junior varsity team also won their game over the junior varsity Patriots by a score of 56 to 44.

Retiring WV Supreme Court Judge says Court was Busy with Child Abuse & Neglect Cases

Justice Thomas McHugh

In an interview with the Charleston Daily Mail, retiring West Virginia Supreme Court of Appeals Justice Thomas McHugh said that the Court has been very busy with child abuse and neglect cases.

McHugh's comments are certainly no surprise to folks in Webster County. As previously reported by the Commentator, in 2012, the Supreme Court decided 12 cases just from Webster County. It is hard to imagine how many other such cases were decided from the State's 54 other counties.

Links to our prior articles on these child abuse and neglect cases can be found at these links:
http://webstercommentator.blogspot.com/2012/12/webster-county-child-abuse-and-neglect.html
http://webstercommentator.blogspot.com/2012/12/wv-supreme-court-kept-busy-with-webster.html

The Daily Mail story on Justice McHugh's comments can be found at this link:
http://dailymail.com/News/201212300120

Nation Does Not Fall Over Income Tax 'Fiscal Cliff'

Thanks to the overwhelming support of Democrats in the House of Representatives, income taxes for the vast majority of Americans will not go up.

At 2:00 a.m. this morning, the U.S. Senate voted overwhelmingly 89 to 8 to keep income taxes at their current levels, except for individuals making more than $400,000.00 per year or households making $450,000.00 per year. Then, at 11:00 p.m. this evening, the House of Representatives voted 257 to 167. 

172 Democrats voted to keep taxes the same, and only 16 voted against. Only 85 Republicans voted to keep taxes the same, and the vast majority of Republicans, 151, voted against, which would have raised income taxes [so much for Republicans being against tax increases].

The bill which avoids the fiscal cliff at least as to income taxes now goes to President Barrack Obama for his signature.

Even though income taxes will not be raised, Social Security (FICA) taxes will go back to their 2010 levels, which will be a two percent increase on incomes up to $113,700.00.

FEMA Denies Assistance for Frankenstorm Victims

The Federal Emergency Management Agency ("FEMA") has decided not to grant individual assistance to Webster County residents who suffered losses from the October 29, 2012 "Frankenstorm."

Previously, FEMA granted "public" assistance to state agencies, counties, cities, and towns that incurred losses from the big snow storm. That type of public assistance included Webster County.

The recent FEMA decision to deny "individual" assistance to individual residents of Webster County also included a decision to deny such assistance to residents of Fayette, Nicholas, Preston, Randolph, Tucker, Upshur, and Wyoming counties as well.

In a statement released Monday, West Virginia Governor Earl Tomblin said he is appealing FEMA's decision to deny individual assistance to residents of Webster and the other counties. The Governor's office noted that FEMA made a similar decision to deny individual assistance to victims of the Summer windstorm and FEMA eventually reversed its denial and granted individual assistance to windstorm victims. The Governor's office is hopeful that FEMA will reconsider its recent decision denying assistance to individual victims of the Frankenstorm.

The "public" assistance for local governments like the County of Webster County can include as required:

1. Payment of not less than 75 percent of the eligible costs for removing debris from public areas and for emergency measures, including direct federal assistance, taken to save lives and protect property and public health. 
2. Payment of not less than 75 percent of the eligible costs for repairing or replacing damaged public facilities, such as roads, bridges, utilities, buildings, schools, recreational areas and similar publicly owned property, as well as certain private non-profit organizations engaged in community service activities. 
3. Payment of not more than 75 percent of the approved costs for hazard mitigation projects undertaken by state and local governments to prevent or reduce long-term risk to life and property from natural or technological disasters.

Further information about FEMA and disaster assistance can be accessed at the following FEMA website: http://www.fema.gov/