The U.S. Court of Appeals for the First Circuit issued a ruling on Friday overturning RI Federal Court Judge John McConnell citing patient privacy.
The First Circuit held, by a 2-1 vote, that the U.S. Drug Enforcement Administration (DEA) can keep secret thousands of pages of documents it had submitted in a major prescription drug-dealing criminal trial.
The ACLU of Rhode Island had filed a Freedom of Information Act (FOIA) lawsuit in support of releasing the records on behalf of local reporter Phil Eil, who had been denied the documents.
Eil’s FOIA request involved some of the evidence used to convict Dr. Paul Volkman, whom the Department of Justice called the “largest physician dispenser of oxycodone in the United States from 2003 to 2005.” Volkman was indicted on 22 drug trafficking-related counts and, in 2011, after an eight-week federal court trial in Ohio that included 70 witnesses and more than 220 exhibits, he was convicted of prescribing medications that caused the overdose deaths of four patients. Volkman was sentenced to four consecutive life terms in federal prison — one of the lengthiest criminal sentences for a physician in U.S. history.
The court said in its decision that Volkman’s patient’s privacy was at risk by disclosing the documents, “The permitted redactions do not adequately protect the privacy interests implicated by Eil's request. Because the trial transcript contains the names of Dr. Volkman's former patients along with significant information about their medical histories and their interactions with Dr. Volkman, any interested party could readily identify the individuals associated with the records by connecting the trial testimony to the exhibits. And there may be a significant number of parties interested in making these connections, given that Eil is writing a book about the trial and presumably filed his FOIA request because he intends to include detailed information about the former patients in that book. “
Volkman attended college and medical school with Eil’s father, and, in 2009, Eil began conducting research for a book about the case. After Volkman’s trial ended, Eil requested access to the trial evidence from the clerk of the U.S. District Court in Cincinnati. The request was denied, as were Eil’s subsequent requests to various other court officials. He then filed his FOIA request in February 2012, but did not receive a final response until more than three years had passed. Even so, the DEA withheld more than 85% of the pages it processed, and many of the pages released were significantly redacted, said the ACLU in a press release.
In seeking the court documents, Eil argued that access to various medical records that had served as trial exhibits was important to better understand where the DEA “draws the line between being a doctor and being a drug dealer.” However, the court majority in today’s decision held that in light of the “voluminous information” that was already publicly available about the trial, Eil failed to demonstrate that the withheld records “would shed any additional light on either the DEA’s investigatory conduct” or the execution of its statutory authority. In a dissent, however, appeals court judge Juan Torruella argued that the records being sought were “particularly probative of the DEA’s views as to the distinction between legitimate and illegitimate prescription writing.” Rather than overturn the lower court’s decision, as the court majority did, Torruella argued that the district court should be given an opportunity to consider further whether the public interest in disclosure of the records outweighed the privacy interests at stake in releasing the records even in redacted form.
In its decision, the court wrote, “Not only did Eil fail to contest the government's argument that any interested party can use information from the trial transcript -- including patient names, patient medical histories, and information about patient interactions with Dr. Volkman -- to identify the individuals associated with the medical records at issue, but he also failed to put into evidence any portion of the trial transcript in support of any possible objection to the government's contention. And it was his burden to do so. “
ACLU of Rhode Island executive director Steven Brown said: “We are disappointed in today’s court ruling. As Judge McConnell noted last year in holding that the documents should be released, ‘Public scrutiny of the workings of government – including the judiciary – is vitally important to the proper functioning of our democracy.’ Today’s decision is a setback to that very critical principle, even as we recognize that this lawsuit has had the positive effect of shaking loose from the DEA many other important documents for Mr. Eil’s research.”
Related Slideshow: Some of the Most Interesting GoLocal LIVE Interviews—The First 1,000
Enda Kenny, former Prime Minister - the Taoiseach - of Ireland, joined GoLocal LIVE to discuss the growing trade opportunities sparked by the new direct air travel between Rhode Island's T.F. Green via Norwegian Air.
Kenny has been instrumental with his support for the Ireland West International Trade Center in Rhode Island and the RI Trade Center in Mayo.
At the time of the interview, a Rhode Island trade mission was visiting Ireland led in part by Warwick Mayor Scott Avedisian, who also appeared on LIVE.
Kenny served as Prime Minister from 2011 until earlier 2017.
Johnston native Amanda Clayton was almost ready to give up on her acting dreams when she got the call to travel to Atlanta to meet Tyler Perry and test-read with other actors for the then-new show “If Loving You Is Wrong," an opportunity that has been life and career changing for Clayton.
Having moved to New York at 19, five days before 9/11, she studied on-camera acting at New York Conservatory for Dramatic Arts and eventually moved to Los Angeles to pursue film and TV opportunities in Hollywood.
She appeared in Disney’s “John Carter," multiple TV appearances like NCIS: New Orleans, Major Crimes, and The Mentalist, and as Vinny Pazienza’s sister in “Bleed for This” filmed and based right here in Rhode Island.
Clayton just finished a Lifetime Movie “Mommy’s Little Angel”, coming out next year, and finished a role behind-the-scenes as a producer for “Dirty Dead Con Men.”
“If Loving You Is Wrong” airs Tuesday nights on OWN.
When your career begins at age 11 as the youngest artist to reach #1 on the Billboard charts and continues on through adulthood, it’s almost difficult to believe one could still have professional firsts, but RI native and “The Voice” Alum, Billy Gilman, did just that with his first ever arena concert at the Dunkin Donuts Center.
Johanne Killeen of Al Forno shared both the story on GoLocal LIVE's "The Taste," of how grilled pizza began -- as well as the announcement on her new cookbook highlighting pizza.
She told the story of how one of America's greatest restaurants was started and where it is going in the future.
Mystic Aquarium’s Penguin Trainers Eric Fox and Josh Davis visited GoLocal LIVE with Blue-Purple and Blue-Red penguins, talking about how you can help the Endangered South African species.
They also discussed trips to South Africa, what it’s like working with penguins, and what’s on the penguin’s lunch menu.
Mystic Aquarium’s mission is to inspire people to care for and protect the ocean planet through education, conservation and research. To help accomplish that mission, Mystic Aquarium offers educational opportunities and fundraising events to continue their conservation work and teach the public about the ocean’s creatures.
“Queer Eye for the Straight Guy” alum, Jai Rodriguez, joined GoLocal LIVE to talk about his new show “Sex Tips for Straight Women from a Gay Man’’ currently running in Vegas until January of 2018.
Rodriguez co-stars in the audience-participation heavy live show with reality TV personality, Kendra Wilkinson, and says the subject matter of the show is perfect for the crowd in Vegas.
Lincoln Chafee, former Mayor, U.S. Senator and Governor, took Rhode Island Governor Gina Raimondo’s administration to task for promoting economic growth by funneling tax dollars to some of America’s richest corporations, in one of a number of appearances on GoLocal LIVE.
Appearing on GoLocal LIVE with GoLocal News Editor Kate Nagle, Chafee said the Raimondo’s transfer of taxpayers dollars to billion dollar companies such as General Electric and Johnson & Johnson was flawed.
“I have never liked corporate welfare. It's unfair to existing businesses…some out of state business comes in and you give them the candy store. I just don’t like it," said Chafee.
As only the 10th person to serve as the Archivist of the United States, David Ferriero said it’s been amazing to learn responsibilities of the position and get to know the staff at the National Archives. He appeared on GoLocal LIVE with Molly O'Brien at GoLocal's downtown Providence studio.
“The most exciting thing is getting to know the records and getting to know the richness of the documentation that tells our country’s history, starting with the oaths of allegiance signed at Valley Forge by George Washington and the troops, all the way up to the tweets that are being created as I am speaking, in the White House,” Ferriero said.
Governor Gina Raimondo joined GoLocal News Editor Kate Nagle on LIVE where she discussed the UHIP technology failure, economic development, the status of 38 Studios, and how she works to build a lasting legacy for Rhode Island.
Who are five of the most influential people to change personal technology? The most important journalist gave his insight on personal tech to date and outlined where we are going.
Super tech journalist and Rhode Island native Walt Mossberg appeared on GoLocal LIVE with GoLocal's News Editor Kate Nagle.
"Well, it was a combination of really important people - and really important technology," said Mossberg. "It took too long for the computer industry to get the memo that these things had to be usable without reading manuals."
Mossberg, who served as the principal technology columnist for the Wall Street Journal from 1991 to 2013, founded AllThingsD, Recode, and the D and Code Conferences, and from 2015 to 2017, was Executive Editor of The Verge.
Gretchen Morgenson, a top financial writer for the New York Times [now the Wall Street Journal], joined GoLocal LIVE just hours after her newspaper published her investigative piece that unveiled that claims that financial giant TIAA was involved in improper financial practices took on new momentum.
Rhode Island’s Treasurer Seth Magaziner has nearly $700 million invested with TIAA.
Morgenson was first to report that, “New York’s attorney general has subpoenaed TIAA, the giant insurance company, and investment firm, seeking documents and information relating to its sales practices…”
In October, she wrote a sweeping investigative piece that raised questions about TIAA’s selling strategies. “The subpoena to TIAA, which handles retirement accounts for over four million workers at 15,000 nonprofit institutions across the country, followed an article last month in The New York Times that raised questions about the firm’s selling techniques,” wrote Morgenson.
On GoLocal LIVE, Morgenson told News Editor Kate Nagle in a Skype interview, “I think clients in all states should be worried -- Mr. [Seth] Magaziner should do a little more investigation into this to assure himself and the people in Rhode Island in these plans - that what TIAA is [telling them] is correct.”
Pulitzer Prize-winning journalist, Ron Powers said his recent book, “No One Cares About Crazy People: The Chaos and Heartbreak of Mental Health in America” is one he promised himself he would never write.
The book is based on the true story of his two sons' struggles with mental illness. Both were diagnosed with Schizophrenia as young men.
While deeply personal, Powers gave insight on the battles his sons’ fought and details into their family life. He also looked at the history of mental illness, including incarceration, medication and more.
"I was determined to give the mentally ill, invisible to much of society and often denied the very basic acknowledgment of their own humanity, a voice,” Powers said.
Powers is the author or co-author of 14 previous books, including New York Times bestselling “Flags of our Fathers” and “True Compass."
Bastianich explained how she was inspired by family traditions and how she first got into the culinary world. She has since carried on her passion and it now has involved to include her whole family in all her endeavors.
Big news -- Bastianich announced that Eataly could be opening in Toronto, Canada in 2018.
Magician and comedian Piff the Magic Dragon appeared on LIVE before he performed five shows at the Comedy Connection in East Providence over Labor Day Weekend.
“New show, all new jokes, all new tricks, same dog,” Piff said. “Mr. Piffles will be doing a lot of mind reading. He’s got his whole new act with The Dog Who Knows and he’ll be attempting to see all and know all. Ask him anything and he’ll tell you.”
Known for his dry sense of humor and rescue K-9 sidekick Mr. Piffles, Piff gained worldwide attention after his success on season 10 of America’s Got Talent.
Although Piff didn’t win that season, he’s made guest appearances on America’s Got Talent, racked up 50 million YouTube views, and recently extended his show at the Flamingo in Las Vegas until the end of 2018.
“He is the symptom and agent of the emerging nationalism. And, nationalism should not be considered patriotism. Patriotism is the love of your own. Nationalism is the hatred of others,” said Lesieur at the Hope Club.
In a sweeping discussion with GoLocal, he spoke about Europe in the Brexit, the Trump relationship with Russian leader Vladimir Putin and the wild French election campaign.
Former Rhode Island Congressman Patrick Kennedy spoke with GoLocal LIVE about efforts in Rhode Island in 2017 to legalize marijuana - and what he said is the country’s crisis of addiction, and why he is opposed to marijuana legalization.
“We’re going through an epidemic of addiction and depression…and we’re in the midst of the rollback the biggest expansion of healthcare coverage that benefits people with mental illness [and] addiction, and this was the first time the ever got coverage,” Kennedy told GoLocal’s Kate Nagle on Wednesday.
“We ought to think do we want to throw gasoline on the fire,” said Kennedy, of legalizing marijuana in Rhode Island. “We know what’s happened with other addictive substances where’s basically there’s no perception of ‘risk’ — alcohol is ubiquitous; tobacco, until the settlements, there was no appetite for addressing [the impact of that].”
“Going down this road of adding a new intoxicant is not a good thing,” said Kennedy.
Beverly Daniel Tatum, Former Spelman College President
Former president of Spelman College, Beverly Daniel Tatum, Ph.D., is one of the nation’s leading experts on race, and the psychology of race.
Tatum recently released a fully revised and updated edition of her bestselling book “Why Are the Black Kids Sitting Together in the Cafeteria: And Other Conversations About Race.”
In an interview with LIVE, Tatum said it’s important to have conversations about race and listen for opportunities to have natural discussions.
“We can’t solve a problem if we can’t talk about it,” the Brock International Prize in Education winner said.
To make a change, she said, we all have a role to play and each of us has an opportunity.
“We all have a sphere of influence. Everybody influences someone, and we should not be afraid to use that influence to bring about the changes we hope to see,” she said.
Terrorism and international relations expert Mark Baillie of King's College in London's War Studies Department spoke with GoLocal's Kate Nagle regarding the post-Manchester landscape in England - and the world.
"The young guy...did it in his mother's basement. Any lone actor can make a powerful bomb," said Baillie following the terrorism incident. "We're in the midst of a general election where politicians talk about there being no political or cultural backlash."
"And estimated 300 people are 'ready to go' - 400 who have been fighting with Isis in Syria -- and in a group of about 20,000 supporters," noted Baillie of the UK landscape, calling Manchester and acts like it the "terrorism of the mundane" -- and much more frightening than "spectacular" acts of terrorism.
Baillie, who runs seminars on a wide range of security matters at King's and at the UK Joint Staff College, has lived or worked in more than 14 countries in the fields of news, security, finance, economics, business and politics and appears widely in international news media on terrorism and international security.
Geragos is one of Hollywood's biggest celebrity lawyers having represented rapper Chris Brown and Michael Jackson over the years. When asked about his relationship with the often legal troubled Brown, Geragos said that the rapper is "like a son and an annuity" to him.
In reference to a lawsuit that he is representing Alex and Ani over, Geragos said, "For lack of a better word, we've got a couple of knuckleheads, [and] it's not at the forefront of anything we're worried about."
"Unfortunately when you become successful people want to take an elevator to the penthouse and that won't happen here, trust me," said Geragos.
Geragos explained how he met Alex and Ani CEO Carolyn Rafaelian - and spoke to how the "company culture" brought him in.
"I was at a charity event at Carolyn's Sakonnet Vineyard -- she was doing a fundraiser for an Armenian orphanage," said Geragos. "They have a unique blend of doing humanitarian work...Carolyn was the hit in New York this week."
Model, entrepreneur and activist Gisele Bündchen, co-anchor of Good Morning America Robin Roberts; and Rafaelian were among the women recognized Tuesday in New York City by the David Lynch Foundation (DLF), a global charitable organization that addresses the epidemic of trauma and toxic stress amongst at-risk populations.
