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I dunno if this is a possible defense...but how can they actually prove she made that phone call? Isn't it possible that someone else called in the prescription as a practical joke? I know it sounds ridiculous, but really, how can they prove she did that? If they look at her phone bill, ok, they will find she called the pharmacy. [snip]She went to the pharmacy, ok, but she could've been picking up any prescription, no? No one has a recording of anything she said, she just happened to be at the pharmacy.
I think it would be enough to prove that she knowingly picked up a prescription she knew was illegal. How could they prove she knowingly took possession of an RX she knew to be illegal? Probably by proving that she never visited the doctor to get the RX and never had the doctor's office call in the RX. You could argue that she didn't make the phone call, but I'm not really sure how far that's going to get her when she made the trip to the pharmacy and requested the prescription. Obviously if she's done that, she knows what's going on and had something to do with the phone call to authorize the prescription. That said, I still don't see a case like this really going anywhere, unless you happen to be a member of the Bush family or a Limbaugh.
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