PB ASA Michael Smith was kind enough to admit the mystery validly prescribed controlled substance in Lynn Feig Rosenthal’s possession at the time of her arrest was indeed Xanax. Still, the case was viewed strictly as an Ambien problem, and despite the horrific driving pattern and Alprazolam, dropped to the previously noted Reckless. Interestingly, defense attorney Brian Silber, who was very much in command during the 2:30 PM plea in absentia, refused to disclose the meds in discussions prior to the hearing, describing the issue as “a private medical concern“.
ASA Smith said Feig Rosenthal’s 595 cell phone video was never reviewed by the PB SAO. Also, the refusal was tainted, as Feig Rosenthal reportedly wanted to offer up a urine sample, but refused when informed BSO would only take both blood and urine. Silber was strong on this point, adding Team Rosenthal had prevailed at a DHSMV Formal Review Hearing dealing with those issues. Additionally, Silber promised a press release explaining his client’s behavior that day to be published later this afternoon, detailing double dosage Ambien issues which he successfully argued caused the arrest.
The plea terms were as follows:
Withhold, 3 months administrative probation, 25 hours CS, substance abuse evaluation, and victim impact panel. Restitution is ordered and reserved. Because all the terms have already been satisfied and no follow-up drug/alcohol treatment recommended, the judge’s probation is essentially already over, as early term was part of the deal.
We’ve requested the video from BSO from the Main Jail sally port and judicial parking lot. It should be public record, now that the case is resolved. Mainstream media is also hot on the video trail too.
Lots of issues to discuss on this one, so wait for the press release and video …