AUBURN - A defense attorney marveled that his painkiller-addicted client faced jail time for forging his physician's signature on stolen prescriptions to obtain oxycodone.
David Elkovitch argued about the fairness of jail time for Jason Wilcox when the maker of OxyContin, a trade name for oxycodone, and Purdue Pharma L.P.'s president, top lawyer and former chief medical officer, pleaded guilty in federal court in May to misleading the public about the drug's risk of addiction.
The company and the officials were ordered to pay $634.5 million in fines for claiming the drug was less addictive than other narcotic painkillers.
Wilcox, 35, of Apt. 1, 54 Frances St., was first prescribed strong pain medication in 1997 after nerves in his right arm were severed from a plunge through a glass window, his attorney said.
His left knee also was injured later.
“He is addicted to painkillers - severely,” Elkovitch said in Cayuga County Court Thursday.
“He did not sell any. He used them for himself. I believe the public is not at any risk from Jason.”
But Judge Thomas Leone said while Elkovitch made a compelling argument, he is “always amazed” at the people who discover they have a drug problem once they are caught.
He sentenced Wilcox to four months in Cayuga County Jail and probation for the felony of fourth-degree criminal possession of a controlled substance.
Wilcox forged his physician's signature on a stolen prescription and receiving oxycodone at Kinney Drugs March 12.
Wilcox said he feels a lot better since his arrest and his later release from jail on bail.
His intent is to stay sober and be present for his family, he said.
Also in court:
€ Barbara Leveque-Smith, 31, of Staten Island and currently held in Cayuga County Jail, pleaded guilty to the felonies of first-degree promoting prison contraband and fifth-degree criminal possession of a controlled substance.
Leveque-Smith admitted bringing marijuana and heroin into the Auburn Correctional Facility May 19 in the attempt to give them to an inmate.
Her sentencing is scheduled for Aug. 9.
€ Joshua Menges, 18, of 31 Frances St., Auburn, and currently held in CCJ, pleaded guilty to the felony of second-degree criminal sale of marijuana. Menges admitted selling marijuana to a 12-year-old in exchange for $10.
He previously pleaded guilty to the same felony for giving marijuana to another 12-year-old, which was witnessed by a police officer at Menges' residence to follow up on a prior domestic incident.
Menges' has been promised he will be sentenced to no more than probation with a short jail term at his July 12 sentencing.
€ Motion arguments were heard in the case of Robert Wickens III, 25, with a last known address of Apt. 1, 36 Cayuga St., Auburn, and currently held in CCJ.
Wickens is accused of several felonies and misdemeanors related to allegations of fraud, perjury and identity theft.
Wickens' attorney, Joseph Sapio, requested access to the testimony of Wickens' then-girlfriend in front of a grand jury and in front of a parole revocation hearing held in Cayuga County Jail.
Sapio made other motions, most of which Leone reserved on.
A parole board administrative law judge found Wickens not guilty to the crimes he is accused of because another person had admitted to them.
Wickens, who is on parole for grand larceny and other felony convictions, pleaded guilty to some of the charges he faces but was allowed to withdraw his guilty plea after he professed his innocence.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
The company and the officials were ordered to pay $634.5 million in fines for claiming the drug was less addictive than other narcotic painkillers.
Wilcox, 35, of Apt. 1, 54 Frances St., was first prescribed strong pain medication in 1997 after nerves in his right arm were severed from a plunge through a glass window, his attorney said.
His left knee also was injured later.
“He is addicted to painkillers - severely,” Elkovitch said in Cayuga County Court Thursday.
“He did not sell any. He used them for himself. I believe the public is not at any risk from Jason.”
But Judge Thomas Leone said while Elkovitch made a compelling argument, he is “always amazed” at the people who discover they have a drug problem once they are caught.
He sentenced Wilcox to four months in Cayuga County Jail and probation for the felony of fourth-degree criminal possession of a controlled substance.
Wilcox forged his physician's signature on a stolen prescription and receiving oxycodone at Kinney Drugs March 12.
Wilcox said he feels a lot better since his arrest and his later release from jail on bail.
His intent is to stay sober and be present for his family, he said.
Also in court:
€ Barbara Leveque-Smith, 31, of Staten Island and currently held in Cayuga County Jail, pleaded guilty to the felonies of first-degree promoting prison contraband and fifth-degree criminal possession of a controlled substance.
Leveque-Smith admitted bringing marijuana and heroin into the Auburn Correctional Facility May 19 in the attempt to give them to an inmate.
Her sentencing is scheduled for Aug. 9.
€ Joshua Menges, 18, of 31 Frances St., Auburn, and currently held in CCJ, pleaded guilty to the felony of second-degree criminal sale of marijuana. Menges admitted selling marijuana to a 12-year-old in exchange for $10.
He previously pleaded guilty to the same felony for giving marijuana to another 12-year-old, which was witnessed by a police officer at Menges' residence to follow up on a prior domestic incident.
Menges' has been promised he will be sentenced to no more than probation with a short jail term at his July 12 sentencing.
€ Motion arguments were heard in the case of Robert Wickens III, 25, with a last known address of Apt. 1, 36 Cayuga St., Auburn, and currently held in CCJ.
Wickens is accused of several felonies and misdemeanors related to allegations of fraud, perjury and identity theft.
Wickens' attorney, Joseph Sapio, requested access to the testimony of Wickens' then-girlfriend in front of a grand jury and in front of a parole revocation hearing held in Cayuga County Jail.
Sapio made other motions, most of which Leone reserved on.
A parole board administrative law judge found Wickens not guilty to the crimes he is accused of because another person had admitted to them.
Wickens, who is on parole for grand larceny and other felony convictions, pleaded guilty to some of the charges he faces but was allowed to withdraw his guilty plea after he professed his innocence.
Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net
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