In January, 2012, after nearly six years of waiting, Dr. Paul Raber of Lavonia was acquitted by a Hart County jury of thirty-three felony counts of unlawfully distributing controlled substances. Following the trial in a courtroom filled with dozens of Dr. Raber’s family, friends, and loyal patients, the jury returned with its “not guilty” verdicts after less than thirty minutes of deliberation.
Dr. Raber was represented by attorneys Kim Stephens of Athens and Page Pate of Atlanta, who had began working with him when charges were first filed back in 2007. The case had already been taken to the Supreme Court of Georgia on a pre-trial appeal before it came back to Hart County for trial. At the Supreme Court, Page argued that the statute Dr. Raber had been charged under, OCGA § 16-13-41(h) was unconstitutionally vague because it did not clearly make pre-signing prescriptions a crime, much less a felony.
The Supreme Court, by a slim margin of 4-3, ruled that the statute wasn’t constitutionally defective and that the word “issue” might not require actually giving a prescription to a patient or end user. At trial, Page argued just the opposite, that Dr. Raber had not “issued” any prescriptions at all, and the jury seems to have agreed.
Vaguely worded statutes such as the section of the Georgia Controlled Substances Act at issue in this case pose a grave danger to the public. Because many statutes like this one are worded so poorly, they can be twisted to mean virtually anything a motivated prosecutor wants them to mean. In the case of the GCSA, doctors, pharmacists, nurses, and other health professionals may be at risk of prosecution for actions that are not even clearly criminal at the time they are done. Thankfully, the jury in this case was able to see that the prosecution was not applying the law as it had been intended: to prevent doctors from being “drug dealers with medical licenses,” as Georgia Supreme Court Justice Hunstein described it in her dissenting opinion in Dr. Raber’s appeal.
Our congratulations to Dr. Raber and his family, who are surely relieved that this long ordeal is behind them.