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Richard Flor, a former Miles City medical marijuana caregiver sentenced in April to five years in federal prison on charges that he illegally maintained drug-related premises, died in federal custody Wednesday.
Flor, who suffered from a lengthy list of serious medical conditions, died in a Las Vegas hospital a day after suffering two heart attacks while awaiting transport to a federal medical facility, according to his attorney, Brad Arndorfer of Billings.
At Flor's sentencing last April, U.S. District Judge Charles Lovell recommended that he "be designated for incarceration at a federal medical center" where Flor's "numerous physical and mental diseases and conditions can be evaluated and treated."
Arndorfer said that never happened, and instead Flor was for months housed at the Crossroads Correctional Facility in Shelby until a week ago, when U.S. marshals began the process of transporting him to an unknown medical facility. Arndorfer said Flor was in Las Vegas as a layover, but he did not know where his client was being taken.
"It's incredible to me to take a man with dementia, failing kidneys, severe diabetes and unable to care for himself and incarcerate him," Arndorfer said Thursday. "He required nursing home care, and as far as I can tell he didn't receive any care while he was incarcerated in Shelby. It doesn't make any sense to me."
Crossroads spokesman Steven Owen, citing privacy concerns, declined to comment on the specifics of Flor's medical conditions or any treatment he received while at the prison.
"Our dedicated, professional corrections and medical staff at Crossroads are firmly committed to the health and safety of the inmates entrusted to our care; we meet or exceed the rigorous and comprehensive standards of our government partners, the U.S. Marshals Service and the Montana Department of Corrections, as well as those of the independent American Correctional Association," Owen said in a written statement.
Flor, along with his wife, Sherry, and their son, Justin, ran a medical marijuana caregiver business out of their home and from a Billings dispensary. Richard Flor was also a co-owner of Montana Cannabis, one of the state's largest medical marijuana operations and a target in the March 2011 raids by federal agents on marijuana providers across Montana.
At the time of the raids, Montana law allowed for the production of medical marijuana for use by patients with approved medical conditions. The state's medical marijuana industry was booming after a top U.S. Justice Department official released a memo in 2009 indicating that the Obama administration would not prosecute people who were in "clear and unambiguous compliance" with state medical marijuana laws. However, federal law still considers marijuana a dangerous narcotic in the same class as heroin or methamphetamine.
Last month, Arndorfer filed a motion requesting the court release Flor pending an appeal of his sentence due to health concerns. Arndorfer's brief supporting the motion detailed how Flor suffered from severe osteoporosis and on multiple occasions while in custody, Flor had fallen out of bed breaking his ribs, his clavicle and his cervical bones as well as injuring vertebrae in his spine. Flor also suffered from dementia, diabetes and kidney failure among other ailments, Arndorfer said.
"He is in extreme pain and still is not being given round-the-clock care as is required for someone with his medical and mental conditions," Arndorfer wrote in his brief to the court. "It is anticipated he will not long survive general population incarceration."
In his Aug. 7 order denying the motion, Lovell wrote that it was unfortunate the Flor had not yet been transferred to an appropriate medical facility but that the concerns detailed in the motion were "not factually or legally significant."
Lovell wrote that the federal Bureau of Prisons could provide the necessary medical care and that recent tests found kidney dialysis wasn't needed, despite the fact that a year earlier a VA health care provider discussed with Flor the possibility that he might need dialysis in the future.
Lovell wrote that "defendant has no such present need."
In a statement released by his staff, Lovell said he was sorry to learn of Flor's death but that judicial ethics prevented him from commenting further.
Kristin Flor, 36, confirmed her 68-year-old father's death early Thursday. Kristin Flor said she was at her father's bedside when the decision was made to remove him from life support after he suffered a serious heart attack, renal failure and kidney failure.
Kristin Flor said her father had complained to her regularly that his kidneys and back were hurting him and that he wasn't receiving proper medical treatment while incarcerated in Shelby.
"They didn't give him any of the medical attention he needed, and they never took him once to a medical doctor," Kristin Flor said. "When he broke his clavicle and shoulder blade it took him two days to get doctors to look at it."
Arndorfer said he's "more than interested" in the possibility of filing a lawsuit against the U.S. Marshals Service and the Bureau of Prisons for the alleged mistreatment of Flor.
"He had been complaining to his family and to me about kidney pain. They knew that his VA doctors were considering putting him on dialysis prior to him being placed in Shelby and they did nothing. They ran a blood test and said he was fine," Arndorfer said. "I don't believe he was giving any medical care at all at Shelby."
U.S. Marshals Service spokesman Rod Ostermiller said Flor was not in the custody of the U.S. Marshals Service at the time of his death and directed calls to the agency's Washington, D.C., headquarters. A call was not returned as of press time.
Arndorfer said his former client believed he was following all state laws governing the production of marijuana at the time federal agents raided his home and business.
"These are good people who were doing what they believed were good works," Arndorfer said. " The political system is out of control with the states saying it's legal and the federal government is deciding who they want to prosecute, when or if with no rhyme or reason."
Kristin Flor said he father suffered what amounted to cruel and unusual punishment at the hands of the federal justice system.
"It's a disgrace for a government and a country to treat a man like this," Flor said. "He never hurt anybody. Even the crimes they claim he committed, they still are not to me great enough to justify all the pain and suffering he went through."
News Hawk- TruthSeekr420 420 MAGAZINE
Source: greatfallstribune.com
Author: John Adams
Flor, who suffered from a lengthy list of serious medical conditions, died in a Las Vegas hospital a day after suffering two heart attacks while awaiting transport to a federal medical facility, according to his attorney, Brad Arndorfer of Billings.
At Flor's sentencing last April, U.S. District Judge Charles Lovell recommended that he "be designated for incarceration at a federal medical center" where Flor's "numerous physical and mental diseases and conditions can be evaluated and treated."
Arndorfer said that never happened, and instead Flor was for months housed at the Crossroads Correctional Facility in Shelby until a week ago, when U.S. marshals began the process of transporting him to an unknown medical facility. Arndorfer said Flor was in Las Vegas as a layover, but he did not know where his client was being taken.
"It's incredible to me to take a man with dementia, failing kidneys, severe diabetes and unable to care for himself and incarcerate him," Arndorfer said Thursday. "He required nursing home care, and as far as I can tell he didn't receive any care while he was incarcerated in Shelby. It doesn't make any sense to me."
Crossroads spokesman Steven Owen, citing privacy concerns, declined to comment on the specifics of Flor's medical conditions or any treatment he received while at the prison.
"Our dedicated, professional corrections and medical staff at Crossroads are firmly committed to the health and safety of the inmates entrusted to our care; we meet or exceed the rigorous and comprehensive standards of our government partners, the U.S. Marshals Service and the Montana Department of Corrections, as well as those of the independent American Correctional Association," Owen said in a written statement.
Flor, along with his wife, Sherry, and their son, Justin, ran a medical marijuana caregiver business out of their home and from a Billings dispensary. Richard Flor was also a co-owner of Montana Cannabis, one of the state's largest medical marijuana operations and a target in the March 2011 raids by federal agents on marijuana providers across Montana.
At the time of the raids, Montana law allowed for the production of medical marijuana for use by patients with approved medical conditions. The state's medical marijuana industry was booming after a top U.S. Justice Department official released a memo in 2009 indicating that the Obama administration would not prosecute people who were in "clear and unambiguous compliance" with state medical marijuana laws. However, federal law still considers marijuana a dangerous narcotic in the same class as heroin or methamphetamine.
Last month, Arndorfer filed a motion requesting the court release Flor pending an appeal of his sentence due to health concerns. Arndorfer's brief supporting the motion detailed how Flor suffered from severe osteoporosis and on multiple occasions while in custody, Flor had fallen out of bed breaking his ribs, his clavicle and his cervical bones as well as injuring vertebrae in his spine. Flor also suffered from dementia, diabetes and kidney failure among other ailments, Arndorfer said.
"He is in extreme pain and still is not being given round-the-clock care as is required for someone with his medical and mental conditions," Arndorfer wrote in his brief to the court. "It is anticipated he will not long survive general population incarceration."
In his Aug. 7 order denying the motion, Lovell wrote that it was unfortunate the Flor had not yet been transferred to an appropriate medical facility but that the concerns detailed in the motion were "not factually or legally significant."
Lovell wrote that the federal Bureau of Prisons could provide the necessary medical care and that recent tests found kidney dialysis wasn't needed, despite the fact that a year earlier a VA health care provider discussed with Flor the possibility that he might need dialysis in the future.
Lovell wrote that "defendant has no such present need."
In a statement released by his staff, Lovell said he was sorry to learn of Flor's death but that judicial ethics prevented him from commenting further.
Kristin Flor, 36, confirmed her 68-year-old father's death early Thursday. Kristin Flor said she was at her father's bedside when the decision was made to remove him from life support after he suffered a serious heart attack, renal failure and kidney failure.
Kristin Flor said her father had complained to her regularly that his kidneys and back were hurting him and that he wasn't receiving proper medical treatment while incarcerated in Shelby.
"They didn't give him any of the medical attention he needed, and they never took him once to a medical doctor," Kristin Flor said. "When he broke his clavicle and shoulder blade it took him two days to get doctors to look at it."
Arndorfer said he's "more than interested" in the possibility of filing a lawsuit against the U.S. Marshals Service and the Bureau of Prisons for the alleged mistreatment of Flor.
"He had been complaining to his family and to me about kidney pain. They knew that his VA doctors were considering putting him on dialysis prior to him being placed in Shelby and they did nothing. They ran a blood test and said he was fine," Arndorfer said. "I don't believe he was giving any medical care at all at Shelby."
U.S. Marshals Service spokesman Rod Ostermiller said Flor was not in the custody of the U.S. Marshals Service at the time of his death and directed calls to the agency's Washington, D.C., headquarters. A call was not returned as of press time.
Arndorfer said his former client believed he was following all state laws governing the production of marijuana at the time federal agents raided his home and business.
"These are good people who were doing what they believed were good works," Arndorfer said. " The political system is out of control with the states saying it's legal and the federal government is deciding who they want to prosecute, when or if with no rhyme or reason."
Kristin Flor said he father suffered what amounted to cruel and unusual punishment at the hands of the federal justice system.
"It's a disgrace for a government and a country to treat a man like this," Flor said. "He never hurt anybody. Even the crimes they claim he committed, they still are not to me great enough to justify all the pain and suffering he went through."
News Hawk- TruthSeekr420 420 MAGAZINE
Source: greatfallstribune.com
Author: John Adams
