BUCHANAN PHYSICIAN SENTENCED

ABINGDON, Va. -- A Buchanan County physician who was found guilty of
illegally dispensing prescriptions for powerful pain medication was
sentenced in an emotionally-charged courtroom at U.S. District Court in
Abingdon Thursday morning. About 30 supporters of Dr. Franklin J.
Sutherland took seats in the gallery, as U.S. District Judge James P.
Jones, of the Western District of Virginia, sentenced Sutherland on his May
25 conviction on 427 counts of illegally prescribing Schedule II and
Schedule III narcotics.

Sutherland's attorney, Tom Dillard, filed a motion asking the court for a
significant downward departure in the physician's sentence due to
"diminished capacity" associated with a head injury Sutherland received in
a fall when he was a 6-month-old infant. Dillard based his motion on a
letter written by Holston, Tenn., psychologist Dr. Timothy Urbin who
reportedly said that Sutherland, 47, suffered brain damage as a result of
the injury.

After reviewing Urbin's letter outlining Sutherland's condition, Jones
entered an order in the case dropping the sentencing guidelines from a "36"
to a "26," in effect, lowering the sentencing guidelines from a range of
210-262 months (17.5-21.8 years) to a range of 70-87 months, (5.8-7.25
years). Jones eventually settled on a 70-month sentence, no fine and three
years of supervised release.

"To the people of Buchanan County, I apologize," Assistant U.S. Attorney
Randy Ramseyer said after Jones denied his motion opposing the downward
departure that lowered the guideline sentence range by 70 percent. "We've
got a problem in Buchanan County."

Ramseyer explained that he initiated the investigation after Buchanan
County residents approached the U.S. Attorney's office claiming that
physicians have become the county's biggest drug pushers. He said a jury
convicted Sutherland of illegally prescribing 20,000 units of controlled
substances.

"What would happen if a street dealer put 20,000 units on the street?"
Ramseyer said. He said that it is difficult to prosecute a case when the
defendant is "a nice guy to talk with," but noted that with a street
dealer, "there's no family to cry for them." He acknowledged to Jones that
"this has been a difficult case for the court."

Sutherland rose and addressed the court for 10 or 12 minutes. He admitted
he had made "a lot of bad judgments," but said that he "trusted and
believed" a lawyer and former Buchanan County Deputy Brian Elswick. He
added that he had "a blind spot" for Timothy Shortridge, who had been a
long time patient. Some people in the gallery nodded in approval and others
openly sobbed as Sutherland said he prescribed painkillers to drug abusers
because they came to him in pain. "Just because someone has problems with
alcohol, doesn't mean they're not in pain," he said. "When someone comes to
you in pain, you have to go by subjective findings."

There was bitterness in his voice as he referred to the government's
prosecution of his crime, but then appeared to become overwhelmed by
emotion when he mentioned his teenage children. "I ask you to give me
mercy," he said.

Jones said the case is "a double tragedy," because of the loss of a viable
medical practice in a medically underserved region. "Based on the evidence,
I believe you acted without criminal intent," Jones said, then added that
Sutherland apparently forgot "the central tenant of the Hippocratic Oath:
Thou shall do no harm, whatever you do."

Sutherland was facing fines in the range of $20,000 to $296,500,000, but
Jones waived his fine because he didn't have money to pay them with.
Dillard told the court that his client surrendered his medical license in
July and that the clinic he operated is closed. Urbin diagnosed Sutherland
as being totally disabled.

Ramseyer asked the court for assistance in returning the medical files from
Sutherland's offices to his former patients, but Dillard noted that the
defendant had no additional need for them. Jones denied a request by
Dillard to have Sutherland placed in a substance abuse program in prison.