60 mgs of Paxil in robbery case...

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Robber claims lawyer unprepared

Convicted man seeking new trial; psychiatrist cites medication as factor.

Tuesday, December 16, 2003

By RUDY MILLER

The Express-Times

EASTON -- A city man convicted of robbery blamed his attorney Monday for

mishandling his case.

Also, a psychiatrist testified that robber Price may have been

overmedicated and therefore unable to function rationally at the time he

robbed an Upper Mount Bethel Township beer distributor.

Price, 40, of St. ph Street, was convicted of robbery last February

after he pointed a gun at a beer distributor clerk, demanded money and left

with $100 on Dec. 8, 2001. He is serving five to 10 years in state prison.

An admitted alcoholic, Price said he had been drinking heavily all day

before the robbery. He said he forgot where he was between 8 and 9 p.m. when

police say the store was robbed. Price recalled leading police on a 26-mile

chase after the robbery. Price claimed he fled because he was afraid he

would be arrested for drunken driving.

Price said attorney Erv McLain, who represented him at his trial, hung all

his hopes on negotiating a plea deal with prosecutors. When it was clear no

deal could be reached, McLain was unprepared for the trial, according to

Price.

" I feel Mr. McLain really didn't do anything with my case for over a year, "

Price said.

Attorney Martricia McLaughlin said Price deserves a new trial based on

McLain's alleged ineffectiveness.

McLain said he tried to make a deal with Northampton County Assistant

District Attorney Jay , but insisted on enforcing a five-year

mandatory minimum prison sentence because Price had used a gun during the

robbery.

McLain said enough inconsistencies exist in police accounts of the robbery

and chase that he believes jurors would be unable to agree Price was the man

who robbed the beer store.

" We had no (plea) offer, " McLain said. " If we pled, he was going to get five

years. Did I believe we had a legitimate opportunity to win this case?

Absolutely. "

Psychiatrist testified Price was taking 60 mg of the drug

Paxil daily for bipolar disorder. The dosage was unusually high and could

have hindered Price's memory and prevented him from functioning rationally

during the robbery.

Assistant District Attorney Bill Blake substituted for at Monday's

hearing and noted is basing his conclusion on one telephone

interview conducted with Price about a year after the robbery.

McLain said Price could not afford to hire a toxicology expert or a doctor

to serve as an expert witness at his trial. Instead, a pharmacist acquainted

with Price's wife testified as an expert for free, McLain said.

The attorneys will write legal briefs and argue the appeal Feb. 3 before

Northampton County Judge G. Baratta.

Price had worked as a truck driver moving paper rolls and newspapers for The

Express-Times. He was fired from his job after his arrest.

Reporter Rudy can be reached at 610-258-7171 or by e-mail at

rmiller@....

_________________________________________________________________

Make your home warm and cozy this winter with tips from MSN House & Home.

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[Guest guest]

http://www.nj.com/news/expresstimes/pa/index.ssf?/base/news-9/1071570969327530.x\

ml

Robber claims lawyer unprepared

Convicted man seeking new trial; psychiatrist cites medication as factor.

Tuesday, December 16, 2003

By RUDY MILLER

The Express-Times

EASTON -- A city man convicted of robbery blamed his attorney Monday for

mishandling his case.

Also, a psychiatrist testified that robber Price may have been

overmedicated and therefore unable to function rationally at the time he

robbed an Upper Mount Bethel Township beer distributor.

Price, 40, of St. ph Street, was convicted of robbery last February

after he pointed a gun at a beer distributor clerk, demanded money and left

with $100 on Dec. 8, 2001. He is serving five to 10 years in state prison.

An admitted alcoholic, Price said he had been drinking heavily all day

before the robbery. He said he forgot where he was between 8 and 9 p.m. when

police say the store was robbed. Price recalled leading police on a 26-mile

chase after the robbery. Price claimed he fled because he was afraid he

would be arrested for drunken driving.

Price said attorney Erv McLain, who represented him at his trial, hung all

his hopes on negotiating a plea deal with prosecutors. When it was clear no

deal could be reached, McLain was unprepared for the trial, according to

Price.

" I feel Mr. McLain really didn't do anything with my case for over a year, "

Price said.

Attorney Martricia McLaughlin said Price deserves a new trial based on

McLain's alleged ineffectiveness.

McLain said he tried to make a deal with Northampton County Assistant

District Attorney Jay , but insisted on enforcing a five-year

mandatory minimum prison sentence because Price had used a gun during the

robbery.

McLain said enough inconsistencies exist in police accounts of the robbery

and chase that he believes jurors would be unable to agree Price was the man

who robbed the beer store.

" We had no (plea) offer, " McLain said. " If we pled, he was going to get five

years. Did I believe we had a legitimate opportunity to win this case?

Absolutely. "

Psychiatrist testified Price was taking 60 mg of the drug

Paxil daily for bipolar disorder. The dosage was unusually high and could

have hindered Price's memory and prevented him from functioning rationally

during the robbery.

Assistant District Attorney Bill Blake substituted for at Monday's

hearing and noted is basing his conclusion on one telephone

interview conducted with Price about a year after the robbery.

McLain said Price could not afford to hire a toxicology expert or a doctor

to serve as an expert witness at his trial. Instead, a pharmacist acquainted

with Price's wife testified as an expert for free, McLain said.

The attorneys will write legal briefs and argue the appeal Feb. 3 before

Northampton County Judge G. Baratta.

Price had worked as a truck driver moving paper rolls and newspapers for The

Express-Times. He was fired from his job after his arrest.

Reporter Rudy can be reached at 610-258-7171 or by e-mail at

rmiller@....

_________________________________________________________________

Make your home warm and cozy this winter with tips from MSN House & Home.

http://special.msn.com/home/warmhome.armx