« Third Circuit finds procedurally(?!?) unreasonable two below-guideline white-collar sentences | Main | You make the call: what sentence should Detroit's Granny Valjean get for Social Security fraud? »

March 29, 2011

Prescription forger seeks sentencing delay with forged doctor's note

From the "you can't make this stuff up" file come this local sentencing story from California, headlined "Woman in court for sentencing allegedly presents forged doctor's note, then collapses."  Here are the particulars:

A 41-year-old woman who was in court this morning to be sentenced for prescription drug forgery allegedly presented a forged doctor’s note in an attempt to delay the proceedings, and then collapsed when the judge ordered her back into custody, according to a prosecutor.

Michelle Elaine Astumian, who had been out of jail after posting $45,000 bail, was scheduled to be sentenced today by Judge Barry LaBarbera to four years and eight months in state prison.  She had pleaded no contest in January to two counts of forging a drug prescription and one count of using a fraudulent check.  Each count is a felony.

But before the sentencing Deputy District Attorney Dave Pomeroy said that Astumian presented a doctor’s note stating that her sentencing should be postponed.  Pomeroy called the doctor whose name was signed on the note, and the doctor told him that the note was forged.

Pomeroy said that he reported the alleged forgery to LaBarbera, who ordered Astumian into custody.  She then fell to the floor, prompting the judge to clear the courtroom for about 30 minutes.  An ambulance arrived and took Astumian to a local hospital.

It’s very unusual for a defendant to react in the manner that Astumian did, Pomeroy said. “I’m trying to approach her reaction with understandable skepticism,” Pomeroy said.  Pomeroy said that Astumian will need to be brought back to court to be sentenced, but he wasn’t sure exactly when that might happen.

March 29, 2011 at 06:16 PM | Permalink


TrackBack URL for this entry:

Listed below are links to weblogs that reference Prescription forger seeks sentencing delay with forged doctor's note:


Thanks for his delicious entry.

The chances that her fainting was not also "forged" are approximately zero.

I must say, though, that she has the defense routine down pat: When caught red-handed, turn yourself into the victim and demand compassion.

Posted by: Bill Otis | Mar 29, 2011 6:28:39 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB