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RICHMOND, Va. (AP) — By the time drug enforcement agents swooped into his small medical office in Martinsville, Virginia, in 2017, Dr. Joel Smithers had prescribed about a half a million doses of highly addictive opioids in two years.Patients from five states drove hundreds of miles to see him, spending up to 16 hours on the road to get prescriptions for oxycodone and other powerful painkillers."He's done great damage and contributed ... to the overall problem in the heartland of the opioid crisis," said Christopher Dziedzic, a supervisory special agent for the Drug Enforcement Administration who oversaw the investigation into Smithers.In the past two decades, opioids have killed about 400,000 Americans, ripped families apart and left communities — many in Appalachia — grappling with ballooning costs of social services like law enforcement, foster care and drug rehab.Smithers, a 36-year-old married father of five, is facing the possibility of life in prison after being convicted in May of more than 800 counts of illegally prescribing drugs, including the oxycodone and oxymorphone that caused the death of a West Virginia woman. When he is sentenced Wednesday, the best Smithers can hope for is a mandatory minimum of 20 years.Authorities say that, instead of running a legitimate medical practice, Smithers headed an interstate drug distribution ring that contributed to the opioid abuse epidemic in West Virginia, Kentucky, Ohio, Tennessee and Virginia.In court filings and at trial, they described an office that lacked basic medical supplies, a receptionist who lived out of a back room during the work week, and patients who slept outside and urinated in the parking lot.At trial, one woman who described herself as an addict compared Smithers' practice to pill mills she frequented in Florida."I went and got medication without — I mean, without any kind of physical exam or bringing medical records, anything like that," the woman testified.A receptionist testified that patients would wait up to 12 hours to see Smithers, who sometimes kept his office open past midnight. Smithers did not accept insurance and took in close to 0,000 in cash and credit card payments over two years."People only went there for one reason, and that was just to get pain medication that they (could) abuse themselves or sell it for profit," Dziedzic said.The opioid crisis has been decades in the making and has been fueled by a mix of prescription and street drugs.From 2000 to 2010, annual deaths linked to prescription opioids increased nearly fourfold. By the 2010s, with more crackdowns on pill mills and more restrictive guidelines on prescriptions, the number of prescriptions declined. Then people with addictions turned to even deadlier opioids. But the number of deaths tied to prescription opioids didn't begin to decline until last year, according to data from the U.S. Centers for Disease Control and Prevention.Martinsville, where Smithers set up shop, has been particularly hard hit.A city of about 14,000 near Virginia's southern border, Martinsville once was a thriving furniture and textile manufacturing center that billed itself as the "Sweatshirt Capital of the World." But when factories began closing in the 1990s, thousands of jobs were lost. Between 2006 and 2012, the city had the nation's third-highest number of opioid pills received per capita, according to an Associated Press analysis of federal data.Andrew Kolodny, a Brandeis University doctor who has long been critical of opioids, said that in recent years, doctors became less comfortable writing lots of opioid prescriptions and many big prescribers retired. That opened an opportunity for others."If you're one of the guys still doing this," he said, "you're going to have tons of patients knocking down your door."During his trial, Smithers testified that after he moved to Virginia, he found himself flooded with patients from other states who said many nearby pain clinics had been shut down. Smithers said he reluctantly began treating these patients, with the goal of weaning them off high doses of immediate-release drugs.He acknowledged during testimony that he sometimes wrote and mailed prescriptions for patients he had not examined but insisted that he had spoken to them over the phone.Once, he met a woman in the parking lot of a Starbucks, she handed him 0 and he gave her a prescription for fentanyl, an opioid pain reliever that is 50 to 100 times more potent than morphine.When area pharmacists started refusing to fill prescriptions written by Smithers, he directed patients to far-flung pharmacies, including two in West Virginia. Prosecutors say Smithers also used some patients to distribute drugs to other patients. Four people were indicted in Kentucky on conspiracy charges.At his trial, Smithers portrayed himself as a caring doctor who was deceived by some patients."I learned several lessons the hard way about trusting people that I should not have trusted," he said.Smithers' lawyer told the judge he had been diagnosed with depression and anxiety. Family members said through a spokesperson that they believe his decisions were influenced by personal stress, and emotional and mental strain.Even before he opened his Martinsville practice in August 2015, Smithers had raised suspicions. West Virginia authorities approached him in June 2015 about a complaint with his practice there, but when they returned the next day with a subpoena, they found his office cleaned out and a dumpster filled with shredded papers and untested urine samples.Some of Smithers' patients have remained fiercely loyal to him, insisting their severe chronic pain was eased by the powerful painkillers he prescribed.Lennie Hartshorn Jr., the father of the West Virginia woman who died two days after taking drugs Smithers prescribed, testified for the defense.Hartshorn said his daughter, Heather Hartshorn, told someone "she would rather be dead than in pain all the time." According to a form Heather Hartshorn filled out when she went to see Smithers, she had chronic pain in her lower back, legs, hips and neck from a severe car accident and a fall.When asked by Smithers' lawyer if he blames Smithers for anything, Lennie Hartshorn said he does not.Smithers has been denied bond while he awaits sentencing. His attorney did not respond to inquiries from AP. Smithers has said he plans to appeal.____Associated Press reporters Geoff Mulvihill and Riin Aljas contributed to this story. 6501
SACRAMENTO, Calif. (AP) — A California affiliate of the National Rifle Association has asked a U.S. judge to block a new law requiring background checks for anyone buying ammunition.The California Rifle & Pistol Association asked San Diego-based U.S. District Judge Roger Benitez to halt the checks and related restrictions on ammunition sales.Voters approved tightening California's already strict firearms laws in 2016. The restrictions took effect July 1.The gun owners' association challenged the ammunition background checks in a lawsuit filed last year and on Monday asked for an injunction, alleging it violates the Second Amendment right to bear arms.RELATED: New ammunition law requires background checksThe lawsuit has been joined by out-of-state ammunition sellers and California residents, including Kim Rhode, who has won six Olympic shooting medals and is trying to become the only person to win seven medals at seven consecutive Games."The scheme purports to funnel everyone seeking to exercise their Second Amendment right to acquire ammunition into a single, controlled source, an in-state licensed vendor, for the purpose of confirming purchasers' legal eligibility to possess ammunition and to keep track of all purchases," lawyer Sean Brady wrote. "While making sure dangerous people do not obtain weapons is a laudable goal for government, California's scheme goes too far and must be enjoined."The motion raised concerns about identification requirements and high rates of denials among ammunition buyers undergoing the new background checks. Moreover, the system blocks out-of-state ammunition vendors from the California market, the motion argues.RELATED: Study: Tougher gun laws lead to fewer firearm-related deaths among childrenThe judge is expected to decide in early August whether to order a halt, though any such decision is almost certain to be appealed.Benitez in October rejected the state's attempt to throw out the lawsuit. He allowed opponents to proceed on arguments that the ammunition restrictions impede interstate commerce and are pre-empted by federal law.The measure "criminalizes all of those (ammunition) transactions with merchants conducting business in other states," he wrote in a preliminary ruling that the restriction "significantly burdens interstate commerce."He also preliminarily supported the argument that the new state law conflicts with a federal law allowing gun owners to bring their firearms and ammunition through California.RELATED: Southern California town of Needles wants to be a sanctuary -- for gun ownersThe California law "criminalizes bringing ammunition into the state that was purchased or obtained outside the state," he wrote.Benitez earlier this year struck down California's nearly two-decade-old ban on high-capacity ammunition magazines. That triggered a week-long buying frenzy before he stopped sales while the state appeals his ruling.The impending ammunition background checks sparked a surge in sales as firearm owners sought to beat new requirements, including that dealers report the brand, type and amount of ammunition to the state Department of Justice.Gun owners who already are in the state's background check database would pay a fee each time they buy ammunition, while others can buy longer-term licenses if they do not have certain criminal convictions or mental health commitments.Gov. Gavin Newsom has criticized Benitez's lifting of the state's ban on magazines holding more than 10 bullets, saying he is confident it will be reinstated by the 9th U.S. Circuit Court of Appeals.Attorneys with San Francisco-based Giffords Law Center to Prevent Gun Violence anticipated that Benitez is likely to block the ammunition restrictions, but the law would eventually be upheld on appeal."Unfortunately this may be the one judge in the country" willing to rule that "people should be able to buy unlimited quantities of ammunition without background checks," staff attorney Ari Freilich, who directs the organization's California legislative affairs, said prior to the filing.Gun owner groups have been pinning their hopes on a more conservative U.S. Supreme Court. But the center's litigation director, Hannah Shearer, said there are unlikely to be the kind of conflicting lower court opinions that would prompt the justices to weigh in.She said courts have upheld ammunition licensing laws in other states and she expects the 9th Circuit would do likewise. 4465

RICHMOND, Va. - RICHMOND, Va. -- The tools of learning vary widely from textbooks and laptops to pen and paper. But listen closely to Paul Reisler's music class, all you need is a smile and a wild imagination."I’m always surprised what comes out," said Paul. "When you’re creating a song with children it really is an incredible group process."The singer and educator is the founder of "Kid Pan Alley." Paul and partner Cheryl Toth immerse themselves in classrooms with students of all ages and abilities.The assignment in every class is songwriting no matter the talent level."There are no bad ideas in Kid Pan Alley," said Paul. "It is so important to impress upon them that every idea is a good idea.""For the children, they’ve written it, so it is their voice," said Cheryl. "So music has a way of capturing our emotion and voice together."The duo says sparking a child's creativity ranks as high as the three R's."I think it touches every aspect of their education," said Cheryl.For 20 years, Paul an accomplished composer has been taking his non-profit and guitar on the road."We’ve worked with about 65,000 kids and written about 2,700 songs," said Paul.In schools from coast to coast, every far-fetched lyric and theme are embraced.“They would say things an adult wouldn’t say. A kindergartner said the wind blew me a pony. I don’t have any adult co-writers that would say anything like that,” said Paul."All of a sudden they come to life because they have something to share and contribute," Cheryl explained.Lyrics written in this classroom go deeper than "Wheels on the Bus.""These songs are very complex and emotional because they reflect what the children are thinking of the time," said Cheryl.Some tunes strike a chord with professionals. Singer Amy Grant recorded one class' collaboration. Another song was even nominated for a Grammy.“We treat the kids to work at the highest professional level. We want them to know they’ve done something of real value,” said Paul.From titles like “Sister for Sale" to "My shadow leads a double life."“It is this beautiful Pandora's box that opens. And you’re never quite sure what you’re going to get,” said Cheryl.Paul and Cheryl lament that music and art have taken a backseat to standardized testing.“They say we live in a creative economy. But there is precious little training for children being creative,” says Paul.The singers from Rappahannock County say their goal isn't to encourage students to pursue a career in music. “That is not the important part. The important part is that they take what they’re doing and doing it in a creative way,” said Paul.During these days of remote learning, "Kid Pan Alley" is adapting to the new norm.“This is a time they need it the most. They really need connection,” said Paul.Paul, Cheryl, and other artists write and perform with students virtually.“It is very joyful especially when I see these kids calling their parents in to listen to my song. Such great pride. (tighten) It is wonderful,” said Cheryl.“That is what I feel we do. When we go work with the kids we make a whole bunch of new best friends,” Paul added.Paul Reisler, a teacher helping his students write their way to a Grade "A" education with a lot of rhythms that touches the soul.“Because music brings people together. It brings community together. It brings children together. I think it creates a better world.”Paul will hold a virtual concert with his adult singer/songwriters on September 27. Kid Pan Alley’s next virtual concert for children will be October 4. For more information, click here.This story was first reported by Greg McQuade at WTVR in Richmond, Virginia. 3673
Right now there is a mystery taking place over the Southwest United States.Hundreds of thousands of birds have been found dead since the beginning of September, according to wildlife experts in New Mexico and Colorado, where some of the most have been reported.“[It’s] really strange. Literally, birds dropping out of the sky type of thing,” said Alison Holloran, the executive director Audubon Rockies. “I actually got emails from Texas and New Mexico as well, where they’re also seeing larger numbers of die-offs.”The crowdsourcing website inaturalist.org has become a spot for people to post pictures of birds they have found as a way to provide more information to biologists and wildlife experts working to figure out why this is happening.The site reports more than 1,000 incidents have been reported involving 191 different bird species.“This is a very strange event,” said Travis Duncan, a spokesman with Colorado Parks and Wildlife. “Heavy smoke from the wildfires may have played a part in creating navigation challenges for the birds.”Duncan says biologists are still performing necropsies to determine a cause, but he says all signs point to a combination of the wildfires raging across the western United States and an early-season cold front at the beginning of September that brought snow and freezing temperatures to parts of the Midwest and Southwest.Duncan says it may have caused the birds’ main food source, which is insects, to die off, forcing these birds to migrate without enough fat and weight to keep them safe once the cold front hit.“This is a web of life. You pull one little string and the whole rope is going to move,” said Holloran. 1672
SACRAMENTO, Calif. (KGTV) -- A proposition that would authorize billions for California educational facilities will appear on the March 2020 ballot. Proposition 13 authorizes a billion bond that would go to preschool and K-12 schools as well as universities and community colleges, according to Ballotpedia. A total of billion would be used for preschool and K-12 schools while billion will go to universities. Meanwhile, billion is set aside for community colleges. The California Legislative Analyst says the state would pay billion in total - billion in principal and billion in interest. The payments would be made over 35 years from the General Fund, Ballotpedia says. RELATED: Here's what happens if voters approve Measure B - Newland SierraThe analysis also shows that Prop 13 would cost taxpayers an additional 0 million per year for 35 years. According to Cal Matters, those in favor of the measure, including Governor Gavin Newsom, say it will focus on modernizing schools as opposed to new construction. Those against proposition 13, including the Howard Jarvis Taxpayers Association, say it would cause an increase in local property taxes and add to state debt and interest costs. “Like all bond debt, that must be paid ahead of any other priorities, even law enforcement,” the association says. “If there is a recession, too much debt puts us at risk of a reduction in services or demands for emergency tax increases at the worst possible time.”RELATED: Here's what happens if Measure C passesClick here to read more from the association. A “yes” vote supports proposition 13 while a “no” vote opposes the measure. Check out the breakdown below of how the money would be spent if approved: billion for preschool and K-12.8 billion for new construction of school facilities.2 billion for modernization of school facilities0 million for providing school facilities to charter schools0 million for facilities for career and technical education programs billion for universities billion for capital outlay financing needs of the California State Universities billion for capital outlay financing needs of the University of California and Hastings College of LawCommunity colleges billion billion for capital outlay financing needs of community colleges 2322
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