Re: OT: Saints HC Sean Payton & LB coach accused of stealing team's painkillers (merg
No, that argument can not be made. These are controlled substances, not a box of band-aids. If they leave the cabinet where they are stored without a prescription, it must be reported.
The team could try making that argument, but they'd be accessories after the fact.
First of all, don't condescend to me. I know they are not band aids.
I don't have a dog in this hunt, I'm just trying to understand.
Stating things as facts doesn't make them facts.
So, let's get to my questions:
Under Louisiana and Federal Law, who owns the drugs in the "cabinet where they are stored" when the storage area comprises the premises of an NFL training facility? Do you know? I don't. Is it the team? Is it the Team Doctor? Is it an independent pharmacy? Do you know? I don't.
Under Louisiana and Federal Law, what is the legal status of "the cabinet where...[the drugs]...are stored"
if the cabinet is in a doctor's office? Do you know? I don't.
For example, if the doctor takes the drugs from the cabinet and for a generally accepted valid reason, puts them in the drawer of his desk so he might have them handy to give to a patient, are those drugs still deemed to be in the "the cabinet?" If so, is his entire office an extension of the cabinet, under the law. Do you know? I don't.
You say, "it must be reported."
Under Louisiana and Federal law, "what" must be reported? That drugs in the possession of a doctor never left his office? Is that something that needs to be reported? Do you know? I don't.
Assuming a crime has been committed, under Louisiana and Federal Law in this case, who had the obligation to make that report? The team? The Doctor? Do you know? I don't.
So, do you know anything, beyond your opinion, that can answer those questions?
I offer the above hypothetically, primarily to make the point that there is a lot about the facts on the ground and the law itself that we don't understand here. I remember how quick people were to jump to judgment on the Patriots during Spygate, with little attention to the facts themselves; I'm just bending over backwards here not to do the same thing to another team.
