VT Man Who Filed Fake Prescriptions Gets Treatment Rather than Jail Time

By Kristen Tripodi

Published 05/06 2014 05:47PM

Updated 05/06 2014 06:19PM

BURLINGTON, Vt- A Vermont man accused of getting fraudulent prescriptions will go through treatment, instead of jail. If he successfully completes it the criminal charges against him could be dropped.

In court Tuesday Kyle Daley's lawyer asked for treatment rather than a sentence.

“I would make a motion at this point for direct referral for the Rapid Intervention, a court referral for the Rapid Intervention Program,” said Brooks McArthur, Daley’s lawyer.

McArthur says while living in Massachusetts his client was injured and prescribed pain medication. He became addicted and sought treatment; that’s when Daley, 29 says he was prescribed suboxone.

“When I relocated here to Vermont I was unable to continue the treatment that had worked so well for me, said Daley.

“There are long, long waiting lists for people to get into treatment. Kyle wouldn't be here today had he been able to get into treatment quickly,” said McArthur.

Instead, police say Daley called the CVS Pharmacy in Williston pretending to be a doctor. He would call in prescriptions for a small amount of suboxone for himself. Police say since last June Daley obtained 35 prescriptions in Vermont and three in New Hampshire.

“Kyle never has used heroin, he has never obtained any narcotics to sell them,” said McArthur.

We wanted to know how could someone fill 30 prescriptions before getting caught? When calling in a script a doctor must provide proof of who they are. Leaders with the Vermont Health Department say a pharmacist must check an ID prior to giving out a controlled substance. 

But none of that seems to have stopped Daley.

We reached out to CVS to see what happened and Mike DeAngelis, the Director of Public Relations sent us the following statement:

“CVS/pharmacy is committed to preventing prescription drug fraud which is a growing problem in the health care industry. Upon discovering the suspect's alleged activities, our Williston pharmacy notified Vermont State Police and fully cooperated with the investigation. Due to the pending court case, we cannot provide further comment." said Mike DeAngelis, Director of Public Relations with CVS.

For now Daley will enter into the Rapid Intervention Program which includes 90 days in treatment to avoid jail time. And charges could be dropped if Daley successfully completes the program. Daley has no criminal record.

McArthur says his client will likely team up with Chittenden County States Attorney TJ Donovan to raise awareness about addiction.

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