NORTHAMPTON — Ann L. Fisher arrived in court Wednesday looking for mercy when she confessed to posing as a nurse to steal prescription drugs from elderly people in her care.
The 31-year-old Florence woman, who wept through the entire hearing, pleaded guilty in Hampshire Superior Court to 16 charges resulting from the incidents between April and November 2014.
Assistant Northwestern District Attorney Jayme Parent said Fisher led elderly patients in Easthampton to believe she was an in-home nurse, ensuring that they took their medications and making trips to the pharmacy to refill their prescriptions.
But it was all a guise allowing Fisher — who was addicted to narcotic painkillers at the time — to steal hundreds of prescription pills. The scheme was uncovered only when patients believed their medications were not working, according to Parent.
A pharmacist examined the pills and determined that the real medication had been replaced with over-the-counter drugs such as acetaminophen and ibuprofen, Parent said. The Lathrop Communities residents Fisher admitted to stealing from were between 80 to 92 years old.
Investigators searched Fisher’s home in December 2014 and uncovered the various medications prescribed to the Lathrop residents, Parent said. A further investigation also revealed no record of Fisher having a nurse’s license and that her certified nurse’s aide license had expired in 2012.
She pleaded guilty Wednesday to three counts of drug larceny; three counts of unauthorized practice of practical nursing; two counts of permitting abuse on an elderly or disabled person; seven counts of possession of a Class E drug; and one count of possession of a Class B drug.
While Fisher faced a maximum sentence of roughly three decades behind bars, Parent proposed two years of probation — a “very, very reasonable” disposition, Judge Richard Carey said.
One of the elderly persons Fisher admitted to stealing from, Pearl Claunch, was in court Wednesday and told Carey that while her trust was shattered, she wanted Fisher to receive help.
“What she did was unkind and harmful,” Claunch said. “She made me mistrust my own judgment.”
Claunch continued, “If she is capable of rehabilitation, I would want that for her.”
Fisher’s attorney, David Mintz, of Northampton, delivered an impassioned plea to the judge, detailing the events that first triggered the drug abuse, including the death of her brother at a young age and her father’s alcoholism. Fisher also weathered a series of medical issues for which she was prescribed the drugs that led to her addiction, he added.
“I think you can tell by virtue of her demeanor in this courtroom how she feels,” Mintz said, with Fisher beside him sniffling and wiping her tears. “She is ashamed. She is incredibly remorseful. She’s embarrassed, and I want the victims in this case to be sure of that.”
Mintz added, “She was compromised, she was ill — she’s still ill. She has a disease.”
Fisher, who has no prior record, wanted redemption, Mintz told the judge. “She’s become so much stronger. She wants to help other people,” he said.
The arrest in the winter of 2014, was her breaking point and she has remained sober ever since, Mintz said. He added that Fisher remains dedicated to treatment and devotes her time to working with others battling addiction.
Fisher is even a member of the Northwestern district attorney’s Opioid Task Force, Mintz said.
“Ann Fisher can’t go back in time and undo what she did,” he added. “Believe me, she wishes she could. She would probably give anything just to be there and turn back that clock.”
However, Mintz continued, saddling Fisher with felony convictions was not the solution. With the convictions, he said, Fisher would be hindered in future efforts to seek advanced degrees because her status as a felon would likely exclude her from certain financial aid options.
Carey called Fisher’s actions “terrible” and “outrageous.”
“But every case is unique, and every case has two sides to it, and so does this one,” the judge said.
Carey noted the forgiveness exhibited by Claunch and others wronged by Fisher. “It is special,” he said. “It is powerful.”
With that, Carey continued Fisher’s case without a finding for two years. That means if Fisher abides by the terms of her probation during that time, the charges will be dropped.
After the hearing, Fisher sat outside the courtroom doors, still crying, but now surrounded by family.
Through her tears, she recalled everything that brought her to this moment: the pills, her addiction, the arrest.
“As hard as it was,” Fisher said, “I’m grateful to be sober.”
Michael Majchrowicz can be reached at mmajchrowicz@gazettenet.com or 413-585-5234.