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The Malicious Prosecution of Ashton R. O'Dwyer, Jr.

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Carl Bernofsky
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The primary objective of the government now is to bring O'Dwyer to a jury trial where it can argue that his coarse language -- which springs, in part, from his outrage at the brutal treatment he suffered previously at the hands of law enforcement in the aftermath of Katrina, demands that he be stripped of his freedom and removed from society. The penalty for violating the federal anti-threat law is a maximum of five years imprisonment followed by three years of supervised release, a fine of up to $250,000, or both.

On Jan. 21, 2011, O'Dwyer filed his brief opposing the government's determination to continue prosecuting him. It is now up to the 5th Circuit Court of Appeals to decide whether to affirm Judge Walter's dismissal of the federal government's case against O'Dwyer, or subject him and the public to the spectacle of a jury trial over a desperate plea to refill a needed prescription.

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Carl Bernofsky, Ph.D., is a former professor of biochemistry at Tulane University and Mayo Graduate School of Medicine. He is the author or co-author of numerous scientific publications and was the recipient of major awards from national (more...)
 

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