Wednesday, August 05, 2020

C.I.'s right Sean Worsely needs to sue the state of Alabama

Jess: As an attorney, I want to endorse C.I.'s strategy.  She is 100% right that a legal case can be made against the state of Alabama for what they did to Iraq War veteran Sean Worsely.  His attorney has tried to argue the arrest (which could land him in prison) and other things.  This is not working.  As an attorney, you don't just repeat the same thing if it's not working.  The state took Sean's prescribed drug from him.  They put him behind bars without access to the drug his doctor put him on.  The state did not bring in any doctor to review Sean's history and to check him out.  The state just said they were taking him off his treatment plan.  That's illegal.  That is actionable.  His attorney should be filing charges against the state of Alabama.   

Here's the section of that from C.I.'s "Iraq snapshot" today:



We're going to start with Iraq War veteran Sean Worsely.  We covered him in yesterday's snapshot.  If you're late to the story (I was), see that snapshot and also make a point to read Cara Wietstock's piece for GANJAPRENEUR which opens:

Veteran Sean Worsley stopped for gas in Gordo, Alabama to pump gas for his wife on a family road trip to his grandmother’s house. While pumping gas he was laughing and playing air guitar. He was approached by Gordo PD for violating a noise ordinance with his music, and the events that unfolded from there would change his life forever.


And here is Eboni Worsley, Sean's wife, speaking about the case and Sean joins her on the phone in this video.







Four drive-by e-mails (non-community members e-mailing the public account) who insist they are attorneys want it known that I am completely wrong when I say this needs to be challenged in regards to medical.

Can I be completely wrong?  Absolutley.  And I probably am many times.  I don't think I'm wrong on this.

Sean's facing prison because he was going through Alabama and he and his wife were stopped and he had marijuana.  The marijuana was prescribed, he had his medical prescription.  Alabama does not prescribe medical marijuana.  Not only was his medication confiscated but he was arrested.

I am on, among other things, metformin, gab-whatever, insulin (injection) and chemo (which, right now, I'm taking orally).  If I go through North Carolina and am stopped and agree to a search, the officer certainly has a right to search me.  But does s/he have a right to confiscate my medication?  Do they have a right to hold me in jail and deny me my medication?

Alabama's stupid in not prescribing medical marijuana but I don't see where they have the right to interfere with a medical treatment.

They violated Sean's rights right there.  He has TBI and Post-Traumatic Stress.  They knew that.  They put him behind bars without access to his medication despite knowing that.  They denied him his medication.

I'd like to know what medical professional in Alabama, who has a background in TBI and PTS treatment signed off on this?

I know the answer: No one did.

The state of Alabama disregarded a patient's treatment plan, stopped the treatment and did so without any medical supervision.

Police officers are not doctors. 

This was a violation of his medical treatment.

His attorney has attempted to argue sympathy and that it was prescribed and so blah blah blah.

I don't disagree with that argument but I do see that it hasn't had any effect at all.  The attorney's argued that for how long now?

Yes, it's helped in the court of public opinion.

I'm glad people are supporting Sean and that they are behind him in larger and larger numbers as they learn about this case.  But support for Sean right now is not translating into freedom.

When you're defense doesn't work in court, you go on the offensive.

His attorney needs to immediately file charges against the State of Alabama.  We're not talking about the arrest here, we're talking about the medical issue.

If tomorrow I'm in North Carolina and they decide to disallow their citizens having prescriptions for chemo, are they able to interfere with my medical treatment because I'm driving through their state?  Are they able to immediately halt my medical treatment and to do so with no medical supervision, without consulting any doctor at all?

No, they're not.

That's what they did.

If his attorney has any real sense, he'll file immediately on that.  And he can pursue to victory -- he'd have to really bungle the case to lose.  Or he can drop the case when the State of Alabama realizes how much they could lose -- Sean could potentially get rich off this case -- if they allow it to go to court.  If the State decides they don't want to go to court, one of the first things they're going to do is either offer some sort of 'time served' option or drop the original charges. 

Either way, Sean would win.  And I'm on the other phone (the snapshots are dictated).  Okay, just ran by a friend with the National Lawyers Guild and her verdict?  That's a sound argument and that's what she would do were she representing Sean.  "Put some fear into them [State of Alabama]," she says, "and see if they don't suddenly want to resolve the whole thing without prison time."

The State, any of the fifty, does not have the right to stop our medical treatment.  And to stop it without having Sean see a doctor first who agrees that this treatment can be stopped?  That's not the United States of America and I don't see any court insisting that the government has that right.

They overstepped their rights and Sean should sue on the medical issue.

On e-mails, Brian Stelter of CNN became a news topic late Monday.  He lied that the notion that Joe Biden should refuse to debate Donald Trump was coming from the right-wing.  Several drive-by e-mails insisted I was wrong not to cover that.  One person wrote, "I read your blog because I think you try to be fair even though you're a bleeding heart lefty.  Now I doubt that because you ignored this topic."

You now doubt that I'm a bleeding heart lefty or you doubt that I try to be fair?


Monday morning, before Brian became a news topic, we already covered this topic.  In Monday's snapshot, I noted Democrat of the Bill Clinton administration Joe Lockhart had proposed that.  I noted he did so in a column he wrote for -- not FOX NEWS -- CNN.  I noted that it was an outrageous suggestion and it went against everything a democracy stands for.

Later that day, Brian entered the news cycle.  He lied.  He lies all the time.  I have no respect for him.  He's built his career on lying and he's one sided -- I'd say he's more centrist than left -- and he's partisan and he's a clown who is ugly and looks like a child molester.  That he lies and that I think he's ugly and looks like a child molester?  Those aren't new comments.  I've made them here and at THIRD in pieces with Ava.

He has no charisma and he's disgusting ugly.

Why is he on TV in front of camera?

At any rate, I don't plan what I'm going to write ahead of time each day.  I have no idea what the snapshot's going to emphasize until I'm about to dictate or sometimes in the middle of dictating.  At which point, I'll say, "Okay, this is going to go at the top, above everything you've already typed."

I missed Sean's case completely.  I did not know about it, had not heard about it.  I was dictating the snapshot when the other phone rang and a friend with a VSO was on the line asking if I was going to cover Sean?  I learned about him in the middle of the snapshot and we went with FOX NEWS because hours before they had published a report.  (Which was a strong report, by the way.)

So on Tuesday morning, Brian was back in the news cycle for lying yet again.  And I'd just learned of Sean's plight.  What was I going to go with?  Sean.

He's an Iraq War veteran and the State of Alabama thought they could overrule his doctor's plan, they thought they could cease his medication immediately and they thought they could do all of this without having him see a single doctor to determine the medical impact their actions could have.

I'm always going to go with the Seans of this world, sorry.

We need to stand together when we're under attack and what was done to Sean wasn't just wrong, it was also an attack on every one of us.





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