r - - - - - - - - - - - - - - - - - - - - - - - -- - -···-·-·· - · -- - - 12/31/2009 3:45PM FILED IN OFFICE LYDIA GARDNER CLERK OF CIRCUIT COURT ORANGE CO FL .,: ·~ .·;;:- •.: ORIGJNAL 1 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FORi~ORANGE COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION 2 3 4 STATE OF FLORIDA, CASE NUMBER: 48-2008-CF-16472-0 Plaintiff, 5 DIVISION NUMBER: 12 6 vs. 7 WILLIAM DANA FORRESTER, 8 Defendant. 9 ------------~/ 10 SENTENCING HEARING 11 BEFORE .. !·~ C . 12 ·- THE HONORABLE ROGER J. McDONALD 13 14 Recorded by Digital Court Reporters In the Orange County Courthouse 425 North Orange Avenue Courtroom 19-A Orlando, Florida 32801 Commencing at 2:30 p.m. Friday, October 16, 2009 Transcribed by Eve Russ, CERT 15 16 17 18 19 APPEARANCES: 20 ANISSA M. YOST Assistant State Attorney 415 North Orange Avenue Orlando, Florida 32801 On behalf of the Plaintiff. 21 22 ., 23 24 25 DEBRA SCANLON JOHNSON Attorney at Law 2809 East Jackson Street Orlando, Florida 32801 · On .behalf of the Defendant. JONATHAN EDWIN MILLS Assistant State Attorney 415 North Orange A venue Orlando, Florida 32801 On behalf of the Plaintiff. Dl<al c.an Re.,....... NilllbJudidaleirtuil er...,c-,.c-t ~ ClSNri !. 7 TESTIMONY OF GWINN MURRAY 8 17 32 Direct Examination by Ms. Johnson Cross Examination by Ms. Yost 9 TESTIMONY OF WILLIAM DANA FORRESTER • 10 Direct Examination by Ms. Johnson Cross Examination by Ms. Yost 37 46 11 STATEMENT OF THEODORE DeVIEW 50 12 SENTENCE 51 13 CERTIFICATE OF COURT REPORTER 55 14 15 16 t J~_tJ,i .- ,: 17 18 19 ; : 20 21 22 23 • 24 25 i lli:llaiCoanJU.,.....n N"dh.b!icWCirc:U an.. CCIUdy c-t Buildin& 435Nriarr..,A~EJid&.A ~flarioal:ZIOI {401)136-ll10 ~ ~-~J 3 • 1 3 THE CLERK: Okay. 5 MS. YOST: Your Honor, may I bring you the scoresheet and restitution order? 7 THE COURT: Yes, ma'am. 8 All right. Thank you. 9 All right. Good afternoon, Ms. Johnson. 10 MS. JOHNSON: Oh, good afternoon, Your Honor. 11 Did you just drop this off? 12 MS. YOST: Yes. 13 MS. JOHNSON: Okay. 14 THE COURT: Okay. We-- all right. I've just been handed the scoresheet. 15 And we -- for the record, we do have the defendant present, also the attorney -- 16 Defense Attorney, the State. 17 I've just been handed the scoresheet. And it looks like in '06, obtaining or 18 attempting to obtain a drug by fraud, and that's an '06 case. And so we'll probably 19 want to talk about that so we understand the context of all of this. 20 And then we have a violation of that probation, and that would be 21 interesting to find out what that was all aJ:>.out: rAnd then we do have, back in 1999' 22 a battery, '81 a trespass. And then-- that's it. 23 • it turned ... 4 6 • THE COURT: Can you go ahead and scan again because I was off? I had 2 24 25 So the defendant has a prior 2006 obtaining drug by fraud, and then everything else goes back to some minor things back in the 1980s and 1990s . Now, sir, as we discussed before, due to the nature of these charges, which Di:ftaJCoartll'"-'"""'"" a.--. Fbidl ]2101 4UJrldO...,A-.mda.-A («17)1J6..2l"'I 28 Q • 2 reasonable to suspect that a person who's not able to·get the Oxycodone that they feel they 3 need for their pain management, to resort to other means to get the medication to control 4 their pain? 5 6 • A Well, if I-- if I threw everybody out of the office that I thought did that, I wouldn't have any patients. 7 Q Okay. 8 A So, I mean, I'm not going to think that he's evil. 9 Q But... 10 A Yeah. I mean, he wants it and I say, no, I explain to him why he's not 11 going to get any more. And usually it -- the way I talk to people, it's not like a one-second 12 conversation. It's usually-- it-- 30 to 40 minutes, sometimes, going around and around 13 and -- that's just the way I am, sometimes. And I try to establish eye contact all the time . 14 And I don't feel, sometimes, they get it. And even they say-- and sometimes they may 15 just say, yes, just to make me shut up. And I'll give ~hem pills or I won't. So, you know, 16 most of the times, I don't do that. 17 18 19 Q So if they're not able to get the Oxycodone legitimately, do they generally go elsewhere to get the Oxycodone? A Well, I think that's probably been discussed. It does happen some-- I 20 -- it just depends on the individual and what they think they have to have. I mean, it's -- 21 you really -- drug addiction is a strange thing. 22 23 • And when Mr. Forrester wanted his medication increased-- is it fairly Q And a drug addict -- in your professional opinion, do -- does a drug addict generally sell their medication? 24 A Or buy. 25 Q Okay. ··• •. !-!- DipUI C...rt lteporU:n Niadlhoicia~Cir=il Onllp c.-ty C.wl Bu:ilcliac Cl)frr«orU:n N".OJadiciaiCiralil Onnpc-yc- ....... CJS N.-dl 0r-. Awm., Blcfa. A ~FlaridalliDI (407)1l6-.ll70 44 • • • 1 And then when you have a positive test, they send it to a lab, and they 2 tell the lab, this person is prescribed this, this and this and, please, exclude those. 3 So when the lab does the report, they say, he comes up positive but it's within the 4 range for these prescribed medicines and, therefore, there's no violation. Or they 5 will say' we've set ~ide all of the prescdbtd hl~