Tuesday, May 10, 2016

Did Gov. Robert Bentley access critics' medical records, and did such tampering date to last fall and the appearance of "delusional disorder" in my records?

Gov. Robert Bentley and Rebekah Caldwell Mason
Alabama Governor Robert Bentley might have unlawfully accessed the medical records of at least one critic, according to an article yesterday at the Alabama Political Reporter (APR). The article, by publisher Bill Britt, focused on former state law-enforcement chief Spencer Collier, and it hints that Bentley's interference with private records might be a relatively recent occurrence. But we've seen evidence that Bentley's snooping might date at least to September 2015.

Britt already has reported that Bentley improperly accessed federal and state criminal databases to seek damaging evidence about two citizen journalists--attorney Donald Watkins and me--who first brought the governor's extramarital affair with former senior advisor Rebekah Caldwell Mason to public attention. Britt's article yesterday states that Bentley used his status as a physician to access a prescription-drug database.

If that proves to be the case, it might not be the first time Bentley, or someone associated with him, tampered with medical records.

My first experience with odd events related to my medical history came last September 29 and 30 when my brother, Paul Shuler (almost certainly with the help of my lawyer brother, David Shuler), filed a petition seeking to have my wife, Carol, and me declared "incapacitated and disabled," essentially trying to make us wards of the state. This came just three weeks after we had been unlawfully evicted from an apartment in Springfield, Missouri (my hometown), a process that included sheriff's deputies brandishing at least one assault rifle and multiple handguns in our direction--with one deputy assaulting Carol and shattering her left arm.

During the course of the "INP and DIS" case, which was nutty from the outset, my brother's attorney ordered copies of our medical records. Carol had never been served, so she was not an official party to the case--and I remain baffled that her medical records could be produced. (Can we say "invasion of privacy"?) I had been served, so I was a party to the case, but I'm still not sure it was proper to have my medical records produced when the other side had not come close to even making a "prima facie" showing that they had a case. For example, they could have deposed my health-care provider, who told me he would have testified that he had seen no signs we could not take care of our personal or financial affairs.

We still have never seen the records, but Dan Menzie, our court-appointed lawyer, said mine included a notation about "delusional disorder."  The nurse practitioner I've been seeing for more than a year had never said a word to me about delusional disorder. When I asked if he actually had diagnosed me with a serious disorder, without telling me, he hummed and hawed and said it was just a notation he had made in the file. He also admitted that he would have to follow me around for an extended period of time to know if events I had spoken about were real or not, and he had not done that, so he had no grounds for making such a diagnosis. Given that, I said there was no reason to believe the notation was accurate, and that it was unfair (and potentially damaging) for me to have such information in my medical records. The nurse practitioner agreed and recently told me it had been removed.

Did Dr. Robert Bentley, someone associated with him, or someone else from Alabama play a role in getting false information placed into my medical records? What better way to discredit a journalist--the one who broke the story of the extramarital affair that threatens to bring down your administration--than to have him declared "delusional"--with zero facts to back that up?

It remains unclear what, if any, role Bentley played in the placement of curious notations in my medical records. But my brother recently asked the Missouri court to dismiss his "INP and DIS" case, and it's worth considering the following timeline:

March 23, 2016--Audio surfaces that confirms the Bentley/Mason affair, which I broke last August here at Legal Schnauzer, just nine days before our eviction;

March 28, 2016--Reports surface that Bentley pressured law enforcement to use criminal databases in order to gather dirt on me and fellow citizen journalist (and lawyer) Donald Watkins;

March 28, 2016--Paul Shuler's attorney files a motion to dismiss the incapacitation case.

What does this tell you? It tells me that once audio surfaced confirming the Bentley/Mason affair, my brothers lost interest in the incapacitation case. Perhaps they said, in unison, "Damn, Roger was right all along."

News flash to siblings: Roger has been right about a lot of things all along.

As for signs that Bentley is messing with Spencer Collier's medical records, this is from Bill Britt's article:
Former members of Gov. Robert Bentley’s administration say the Governor is obsessed with his authority as Chief Magistrate. Bentley has been accused of ordering law enforcement agents to target critics, especially those who have exposed his relationship with former senior adviser Rebekah Caldwell Mason. And now, it is believed, that there is at least one instance of a former associate’s medical records being violated, in order to launch a whisper campaign against that individual.

There is suspicion that Bentley, who still holds an active medical license, may have accessed or ordered others to search the State’s Prescription Drug Monitoring Program (PDMP) database to find information that could be used against Spencer Collier, former head of the Alabama Law Enforcement Agency (ALEA).

Several former associates close to Bentley are fearful that he is accessing their most private information, in an effort to destroy their lives and reputations as well.

Bentley has shown signs of having the kind of paranoia that drove Richard Nixon from the White House. Writes Britt:

In late March, this publication found that according to high-ranking officers and staff, Bentley pressured law enforcement officers to use federal and state resources to target those critical of his relationship with Mason.

In an effort to find potentially damaging information on those who spoke out against the couple, Bentley instructed top law enforcement agents to investigate private citizens, in direct conflict with the law, said those close to the matter.

(All of these individuals spoke on background to alreporter.com, because of a criminal investigation surrounding this and other matters.)

Two individuals with detailed knowledge of the incidents say Bentley ordered the use of the National Crime Information Center, (NCIC) and the Law Enforcement Tactical System (LETS) to find any incriminating evidence that might be used against attorney Donald V. Watkins and Legal Schnauzer blogger, Roger Shuler.

Is the same being done with the controlled substance database?

If the answer proves to be yes, Bentley might have stepped in some serious "doo doo""

According to Alabama code Section 20-2-214-3: “A licensed physician approved by the department who has authority to prescribe, dispense, or administer controlled substances may designate up to two employees who may access the [PDMP] database on the physician’s behalf.”

When asked if he thought Bentley or his surrogates had accessed his medical records, Collier declined to give a direct answer saying only, “It is a matter best left to law enforcement.”

Speaking on background, a Birmingham physician said any doctor could easily enter the database to determine what controlled substance medications an individual had been prescribed, but without the person’s consent, it would be a crime.

Under Section 20-2-216: “Any person or entity who intentionally obtains unauthorized access to or who alters or destroys information contained in the controlled substances prescription database shall be guilty of a Class C felony.”

What if Bentley or his associates tampered with medical records in Missouri, where he apparently is not licensed to practice medicine? What if Rebekah Mason directed the tampering on the governor's behalf. What if individuals in Missouri knowingly participated in such a scheme?

The ramifications, given use of the word "felony" above, could be serious.


Anonymous said...

Bentley reminds me of the dog who dug himself into a hole and won't stop digging.

Anonymous said...

You really think Bentley cares about your medical records?

legalschnauzer said...

Based on the evidence presented in this post, and the investigative work of Bill Britt, I think he probably is, yes.

Anonymous said...

That whole incapacitation business was strange. Makes me think your brothers were up to no good. I've got a crappy sibling myself, so I know what that's like.

Anonymous said...

Have you got any insight or sources in Missouri to help you with your last question? I would thank that would be a trail to follow...if you can find where it starts.

Anonymous said...

How horrible is this to do this to someone? Roger, please write a book so others can learn from your experiences.

They have so much power and control over our lives. If you don't buy into their ideas and beliefs then be prepared to face the consequences no matter how unjust.

Law enforcement stop bowing down to these folks. Come on lets grow a pair and do the right thing for a change. Life isn't all about a paycheck.

Anonymous said...

This crowd of criminals probably got their start with Lee Atwater's dirty tactics and they will not stop destroying people's lives if it helps them maintain and gain more power and money. Roger you were lucky that the governor finally was exposed. For all your truth telling on the internet, you would never have been exonerated of all the false accusations against you if Spencer Collier hadn't had the integrity to be an honest citizen in this matter.

Many who have suffered at the hands of crooks in power struggle with Post Traumatic Stress Syndrome: The shock of knowing 'respectable' Americans in power are doing these things to people and getting away with it–– this is AMERICA - RIGHT?" Sometimes you're afraid to live, afraid to write, afraid to go outside your house because you never know the next plan they might have for your destruction; to silence you or intimidate you.

The problem is few if any could even imagine how bad it is unless they actually live and experience the situation you've experienced. The tragedy is that most people don't care and don't want to know the details.

Anonymous said...

Geez the corruption is so deep. Thank you and DW for your continued reporting of these dirty ass dogs! Think about the timeline tho. RB probably used his influence or whatever around the time Rob was called out or perhaps Luther? Watch your back and your records LS ad DW!!!

Anonymous said...

You're both paranoid and have delusions of grandeur if you think the governor of a state is going to personally ask for your medical records to be forged.

Also can you explain what possible motivation your brothers would have for wanting you to be made wards of the state, except that perhaps they think you are danger to yourself and your wife?

Anonymous said...

Karl Rove took up where Atwater left off - nasty boys that they all are.

legalschnauzer said...

A few comments, 7:07 --

(1) Where did you get the notion that the governor was going to personally ask for my medical records to be forged? This is from the post above: "Did Dr. Robert Bentley, someone associated with him, or someone else from Alabama play a role in getting false information placed into my medical records?" I didn't say Bentley personally did it, although it seems clear the guv has plenty of free time on his hands--when he isn't squeezing Rebekah Mason's butt or fondling her boobs.

(2) You'd have to ask my brothers about their motivations, but they asked for their own case to be dismissed, so it seems pretty clear they knew they had no case.

(3) You apparently know nothing about an "INC and DIS" case. It is about whether someone allegedly can take care of basic needs (eating, personal grooming, etc.) and whether they can manage their finances. There was nothing in the petition, which I read and you obviously have not, even hinting that I was a danger to anyone.

Anonymous said...

Roger, you do tend to be a bit paranoid -- we see it in your blog from time-to-time -- so I'm not surprised someone might note "delusional disorder" in your records if you were under stress. Don't get me wrong -- that doesn't mean the governor wasn't out to get you. But I don't see why he would bother with a passing notation like that in your records -- there are much better ways to hurt you, and much more damaging things to put in someone's medical records.

Anonymous said...

I think your brothers are or were legit concerned about you. Why bother otherwise? Doesn't mean they were right, but just my $0.02.

legalschnauzer said...

I hear you @1:45. But when you consider my role in BentleyWorld--the journalist who broke the story about Mason sex scandal, a "delusional disorder" notation (combined with my brothers' ward of the state case) would be a prime way to attack my credibility.

Keep in mind, too, that it's possible someone in Alabama already helped harm Carol and me here in Missouri--in the form of an unlawful eviction that left her with a shattered arm. All of that came about nine days after I broke the Bentley/Mason story.

I know timelines don't always explain everything, but until you really get to the bottom of things, they can be a useful investigative tool.

It's always funny when someone sees paranoia in my posts when I see fact-based reporting that, in many cases, is supported by public records.

You sound like a reasonable person, so I hope you will remember that I was essentially kidnapped from my home and thrown in the slammer for five months--and that action had zero grounding in fact or law. I suspect an experience like that would leave most people appearing at least a little paranoid.

As the old saying goes, "Just because you're paranoid doesn't mean they aren't out to get you." Various individuals and entities have been out to get Carol and me for about 16 years, and for anyone who cares to check it out, the public record shows that.

legalschnauzer said...

Have to disagree with you, @1:47. For one, I know a lot about what my brothers have been up to, which I haven't reported yet, so my knowledge base on this subject is much more expansive than it might appear.

Also, if you are concerned about someone, there are a lot of ways to show that besides filing a petition to basically have someone declared kooky. Going back to the timing of things, I find it curious that my brothers' petition (and supposed concern) appeared only after we had been evicted, Carol had been beaten up by cops, and her arm was broken. Their actions, in my view, suggest "concern" when it's possibly to their advantage, or they want to help cover up something. But as for genuine concern, I don't see it. And I know of some behind-the-scenes actions that certainly don't suggest real concern.

I should say that my brother Paul, the medical technician, might have OK motivations. Perhaps he's being led around by the nose by my lawyer brother. But it's also possible that "the nose thing" has gone on for so long that even Paul's moral compass has gone badly out of whack.

e.a.f. said...

I'm still laughing about your brothers thinking they could make you and Carol wards of the state...............Like what planet did those boys come from. If you can't get suicidal, drug addicted, schizoid relatives into hospital how were your brothers ever going to have you "declared".

In my opinion it was always about something else which had little to do with your mental state, which has always appeared to be just fine.

The Governor having access to your medical records. that is easy. Anyone in a position such as governor of a state can access just about anything. if not personally, they can certainly have it done for them.

I suspect this is going to be one of those things which may come out in the wash at some future date, when they get around to arresting the Governor.