Lawyer got charged due to malfunctioning CPAP ?

[cpapernewbie]

A prominent Knoxville defense attorney today faces the same contempt charge lodged against him more than three years ago but is expected to serve up a new defense - a malfunctioning sleep apnea machine.

http://www.knoxnews.com/news/2010/jun/2 ... r-moncier/

[Patrick A]

I would not believe if I had not read it. Lawyers will try anything.

[Goofproof]

He should give the insanity defense a shot, it sounds more like his diagnosis. It's probably going to be good enough, we all know in this country no-one is responsible for anything they do! JIm

[dsm]

Lordy lordy !

Soon the lawyers defense might be "someone at cpaptalk.com told me (or my client) to change the settings"

There (if this heads that way) goes the wonderful experiment started by Johnny Goodman !

Lets hope it does not pan out that way !.

DSM

[Joe50]

Someone explain the part I made bold,"The machine was tested, and Eisenstadt said an examination revealed "the left nostril of the CPAP machine Mr. Moncier was using had become impacted against the back of its holder." He also wrote that a filter was clogged and "blocking the intake of air."

[nanwilson]

Some people just don't realize how STUPID they are, and that includes lawyers!! Got another stupid law suit for you......A lady got caught by her husband having several affairs ... so he divorced her........now she's suing the phone company for $750,00 because they had bundled her cell phone calls on the same bill as her husbands and that's how he found out about the affairs, she used her family cell phone to talk to her lovers It's true, was in the newspaper this week.

Nan

[jazzer4]

My Machine doesn't have a nostril....hummmmm
I wonder how long that filter was in
He's an a**hole.
Susan

[rested gal]

Someone explain the part I made bold,"The machine was tested, and Eisenstadt said an examination revealed "the left nostril of the CPAP machine Mr. Moncier was using had become impacted against the back of its holder." He also wrote that a filter was clogged and "blocking the intake of air."

Well, I'll take a guess at it.

Sounds like he was using a nasal pillows mask and the left pillow was collapsed or squashed. Or, if it was a Breeze nasal pillows mask, perhaps the left pillow had been put in -- or gotten crammed in -- too deep in the part that holds the pillows.

Wonder if during the test of the machine anyone used a manometer to see if the prescribed pressure was coming out despite the dirty filter? I'll bet it was still delivering the right pressure. Wonder also if anyone checked "compliance."

[imtired]

i think thats why he waited 3 years. i dont think you can check complience that far back. what i would love to see is him getting a judge that uses cpap and knows how easy it is to change filters. i think a lawyer can afford a new mask if its not working right.

[rested gal]

i think a lawyer can afford a new mask if its not working right.

Yup.

Also... the nasal pillow might have gotten squashed from the mask having been tossed back in a closet several years ago -- with some old law books piled on it.

Links to a some other articles about Herb Moncier:

1996
http://www.metropulse.com/news/1996/oct ... printer=1/
Maverick
Hated and Admired, Herb Moncier is Knoxville's Most Controversial Criminal Defense Lawyer--And Maybe its Best

_____________

2007
http://www.knoxnews.com/news/2007/jul/1 ... cord-show/

He calls his preacher “coach.” He’s raising a puppy, Shep, in his office. He’s a doting father.

Herbert S. Moncier’s softer side is not so well known as his contentious, controversial demeanor as a criminal defense attorney and, in the eyes of some, a community gadfly.

_______________

http://www.volunteertv.com/home/headlines/4641866.html
Knoxville Attorney Cited for Assault at McDonald's
A prominent Knox County defense attorney is facing an assault charge this afternoon after an incident Monday night on "The Strip".

__________________

January 2010
http://www.wbir.com/news/local/story.as ... 73&catid=2
Tennessee's Board of Professional Responsibility, the panel that oversees attorney behavior in the state, has suspended Knoxville attorney Herb Moncierfor a term of 11 months and 29 days.

---

The Board of Professional Responsibility found Moncier was not acting in his clients' best interest because he was simultaneously representing three different men. By representing one of them, the Board found it could have hurt one or more of the other clients, a violation of the state's Rules of Professional Conduct.

Moncier may be best known for his work representing a group of citizens against Knox County for violating the Open Meetings Act, following political appointments made behind closed doors. Those political appointments were thrown out.


__________________

[CorgiGirl]

So if he gets off on the contempt charge, maybe they could charge him with negligence of a medical device for allowing the nostril to be block (!?!) and the filter dirty.....

CG

[cpapernewbie]

After reading this news,I have doubt about the sleep doctor who wrote about the nostril.

Hope that he judge request the detail report from Rescan or Encore Pro to analyze the AHI and Leaks

[kteague]

Oh, I can see this coming - every convicted criminal client he has represented will request a new trial.