On June 27, 2013, Drug Task Force Agent Will Whitney confronted Franklin state Rep. Jeremy Durham in a Kroger pharmacy and said he needed to read the state representative his Miranda rights.
As reported yesterday by the Associated Press, Durham was accused in 2013 of altering two prescriptions for lowest-manufactured dose of Adderall, a drug used to treat attention deficit hyperactivity disorder and sleep disorders. According to investigative documents from the Drug Task Force from the 21st Judicial District, Durham was accused of changing the fill date of 3/16/2012 on his prescription to 3/16/2013, a crime described in the report as prescription fraud and forgery.
According to the report, Durham changed the date on an earlier prescription in April, with the fill date changed from 4/12/2012 to 4/12/2013.
The agency recommended two charges of prescription fraud and and two charges of forgery. A grand jury dismissed the charges.
Durham, in the middle of his second term, is a high-ranking Republican in the Tennessee House of Representative's super GOP majority with strong ties to Tea Party financiers, sources say. Durham, the House Majority Whip, said in a statement to the Tennessean yesterday that “this situation is from two and a half years ago and was fully vetted by 12 Williamson County citizens who quickly agreed that nothing illegal occurred.”
Below is a transcript of Agent Whitney's more than 20-minute interview with Rep. Durham at Kroger to confront him about the prescriptions:
Rep. Durham: How’s it going?
Agent Whitney: Sup, Jeremy.
Durham: Good to see you.
Whitney: How are you?
Durham: How are things?
Whitney: I’m good. Got a second?
Durham: Yeah man.
Whitney: I want to talk to you for a second.
Durham: What’s up?
Whitney: Please, sir.
Durham: What’s up? How are things on the Hill?
Whitney: Uh, they’re good. Busy. Hey, I’ve got a question about your ‘script and I got to read you Miranda rights before I can ask you any questions about it.
Durham: Shut up.
Whitney: Seriously. So, I don’t want to do it right here in the Cliff Bar aisle, can we just —
Durham: What?
Whitney: Can we go outside and talk for a minute?
Durham: About my ‘script?
Whitney: The ‘script you’re here to pick up.
Durham: Yes.
Whitney. Um hum. So I have some questions about that —
Durham: You’re reading my miranda rights?
Whitney: Because it’s about your ‘scripts. It’s what I do for a living.
Durham: Will, I —
Whitney: Listen, I get it.
Durham: You’re arresting me?
Whitney: I’m not arresting you. You’re not going to jail today, but I’ve got to talk to you.
Durham: What?
Whitney: I’ve got to talk to you.
Durham: OK. I’m a little terrified, I’m sorry.
Whitney: If anybody in this world shouldn’t be terrified, it’s you. You’re the mighty Jeremy Durham, but —
Durham: Shut up.
Whitney: — I have to ask you some questions.
Durham: You really are?
Whitney: Yes, really.
Durham: I’m not going to call out, I want to talk to you.
Whitney: So I need to read you your Miranda rights. Do you understand that?
Durham: Oh my gosh, can we go somewhere?
Whitney: That’s what I was saying, we should, like, walk outside.
Durham: OK?
Whitney: Yeah. I mean, you’re not going to jail today, dude, I’ve got to ask you this question —
Durham: Why do you keep saying today?
Whitney: Because you’re saying I’m going to jail today. That’s what you’re saying. You’re asking me, I’m telling you in return.
Durham: (laughs)
Whitney: Seriously.
Durham: I can’t believe —
Whitney: So maybe it’s just a boo-boo, a mishap, an oversight, a something. You know? I’m sure it’s a mishap.
Durham: Over a prescription.
Whitney: You know, you know. This is what I do, man.
Durham: OK.
Whitney: Let’s stand here, it’s not as hot in here as it is here by the shopping carts. Listen, you know the Miranda rights, alright.
Durham: Sure I do.
Whitney: But I’ve got to read them out loud. So just —
Durham: Let’s go somewhere cool. I’m sorry.
Whitney: No, do whatever you want. I’m with you.
Durham: You’re freaking me out.
Whitney: Again, maybe it’s just a boo-boo. Maybe it’s just a —
Durham: I really don’t even know what you’re talking about.
Whitney: So let me do this, let me read the Miranda rights —
Durham: I’ve had the ‘script in my car for a long time.
Whitney: Let me read your rights to you, alright? And then we can —
Durham: I know what they are. Can you whisper them to me? (laughs)
Whitney: Let’s go over here. Let’s go as far away from humans, alright.
Durham: I can’t believe this is going on.
Whitney: Bear with me, alright.
Durham: I know you have to do your job. I’m acting a piece of crap.
Whitney: You’re not a piece of crap. Listen to me.
Durham: (laughs)
Whitney: I’m going to say these out loud. You have the right to remain silent, do you understand that?
Durham: Right. (laughs.)
Whitney: Anything you say can be used against you in court. Do you understand that?
Durham: I do. (laughs.)
Whitney: Yes. You have the right to talk your lawyer for advice before I ask you any questions and have a lawyer with you during questioning.
Durham: I’m fine. I’ll answer with whatever you’ve got to answer.
Whitney: If you cannot afford to hire a lawyer, one will be appointed for you before any questioning if you wish. You understand that, obviously?
Durham: I do.
Whitney: Last but not least says just says you have the right to stop talking at any time and talk to a lawyer. Do you understand that?
Durham: I understand that.
Whitney: Really, that’s great. Last one there says with these rights in mind, do you wish to talk to me.
Durham: Sure, that’s fine. I’m happy to talk.
Whitney: So, you understand what I do for the task force. That’s pharmaceutical diversions. Anything that has to do with ‘scripts —
Durham: We had a case together.
Whitney: ‘Scripts, right —
In unison: With the [intelegible]
Durham: — together (laughs). I know exactly the law. (laughs)
Whitney: So you understand what I do. So, I have a relationship with the pharmacies and they called me about your ‘script that you dropped off a couple days ago.
Durham: I did, yea, two or three days ago.
Whitney: Yeah. Yeah. I don’t remember the date. I don’t have it off the top of my head. It doesn’t matter.
Durham: It was either this week or last week.
Whitney: It was this week. Two days ago, three days ago. Whatever.
Durham: Sounds good.
Whitney: OK, good. Let’s just go with the high points. So obviously, those ‘scripts were written in February of 2012. February 16 of 2012.
Durham: I don’t know that they were, because I think I went to the doctor — If you ask, [audio cut], I think I went to the doctor in 2013. I think.
Whitney: You probably did. You probably did to there in ‘13. But these particular prescriptions, the ones you delivered a couple days ago, and then the one you delivered here April, 22, those two, plus a third one that was filled at the Walgreen’s by your house were all written together on Feb. 16, 2012.
Durham: I’m not sure that’s the case or not.
Whitney: That I know for sure. That I know for sure.
Durham: They were written on ‘12? They’ve been in my — Now, they certain were in my glove compartment for some time. I’m under the impression that, it was while I was in the [legislative] session. He is, his neighbor’s Jim Cooper and I remember him asking me about the process. How do you like the —
Whitney: Yeah.
Durham: People can be mistaken. I can be mistaken. But I do remember that we talked. It could have been during the election, it wouldn’t have been February, because he was asking — because he said, ‘Look, I’m neighbors with Jim Cooper. How do you like the transition? ‘So clearly, an election had been won, which was August.
Whitney: Of?
Durham: I guess, the only — I think I was there in February of 2013.
Whitney: And you might have been. And you certainly might have been, but you were definitely there back February of ‘12, 2/16 of ‘12. Before then —
Durham: I’m sure I could have been — That’s why I got that letter from [audio cut]! —
Whitney: I don’t know. What letter?
Durham: He sent me a letter.
Whitney: When?
Durham: Do you want to see it?
Whitney: Yes, I guess.
Durham: Well, it’s at my house.
Whitney: That’s alright.
Durham: I called my wife about it. He sent me a letter about this. I just tried to call my wife.
Whitney: What did the letter say, generally?
Durham: It was like, we don’t — What did it say? It was like, um, it was basically like, ‘You’re not a patient anymore because we don’t view something the same way.’ So I called my wife because I was freaked out about it.
Whitney: Because she’s an eye doc, your wife.
Durham: That’s impressive.
Whitney: Yeah, I do my homework.
Durham: Um, let’s see, wherever my call log is.
Whitney: So, when did —
Durham: I called her because I got the letter and I was like, freaked out by it.
Whitney: Recently?
Durham: I received this letter yesterday. Or no, I realize it was written the 26th. I got it today.
Whitney: What’d it say, I mean, generally like?
Durham: It was just like, ‘You’re not longer a patient here.’ Like, we don’t view something the same way. Do you want to come to my house and look at it?
Whitney: Well, maybe.
Durham: I don’t care. Basically, like, you’re not a patient because we don’t view something the same way. I called their office complaining about it. I was like, ‘Are you serious? Why would you send a patient that?’ I was like, the reason I could not come in the last couple — I thought it was because I didn’t reschedule my visit because they called me —
Whitney: That’s interesting.
Durham: — and said, ‘Are you going to reschedule your visit?” I said, this is back in probably April, I said, “I’m in the Legislature. We’re just driving down here, we’re going late at night here, I cannot go. So then the next thing I hear from them is a letter saying you’re not longer a patient.
Whitney: Today?
Durham: I got it in the middle of the day. Kind of ironic I suppose. Maybe it’s not.
Whitney: That is irony.
Durham: But yeah, I got a letter today from [unintelligible].
Whitney: So here’s what I know. I know that you saw him on Feb. 16, of 2013.
Durham: [unintelligible]
Whitney: It’s OK. If you’ll stipulate that date, you can ask later.
Durham: I don’t know. I can’t. I don’t remember, Will. I’m being honest.
Whitney: So let’s assume —
Durham: I’m trying to talk to you. I’m not bringing a lawyer. I’m trying talking to you.
Whitney: For the benefit of you, let’s assume you saw him on Feb. 16.
Durham: I don’t know when the hell I saw him. I think, we were talk — because he has a neighbor, Jim Cooper.
Whitney: So you saw him on Feb. 16, OK, of ‘12. And he gave you three prescriptions, alright? All for [audio out]. You have seen him I think more recently, but the prescriptions I’m talking about came from a visit of 2/16 of ‘12.
Durham:I don’t think that’s the case. I don’t know, I don’t think that’s right. I think they came from a ‘13 visit.
Whitney: At any rate —
Durham: If they were written the same day, when was the first one filled? What was the date on that? Because I think that was filled in ‘13. I think all three of those were written in ‘13. You talking about them scribbling that on there? They scribbled that on there. You’re talking about that three, and not that two. I didn’t write that.
Whitney: Who did? Who scribbled?
Durham: I know exactly what you’re talking about because I was showing it to them, because Walgreens would fill the second one. Dude, I know what you’re talking about. [Unintelligible.]
Whitney: Who scribbled on there?
Durham: I don’t know, but they didn’t like that it was scribbled. They were like, “You know, we just don’t usually take these.”
Whitney: The Walgreens across from your house?
Durham: Yes.
Whitney: Because they filled one.
Durham: They did! And it was the same way. The way I —
Whitney: The one that you filled there was, didn’t have that fill before date on it. It just had — I’ve looked at it. I’ve held that prescription that was filled across the street from your house and it wasn’t altered at all. There was no penmanship to be altered. The two here have been.
Durham: What I was telling, what I was telling them, “Look, there are three of these. I assume they’re all identical. I have not had the luxury of what you have, but I was like, “They’re all identical.” Because I pulled out the other one, I said, “This is the same way.“ And I’m sure the other ones you have is the that way, too. But they were all the same date.
Whitney: But again, he gave you all three of them to you on the same day. Yes? You went and saw him, he gives you three ‘scripts —
Durham: I think so. I think all three —
Whitney: — One you can fill immediately, one you had to wait a month, one you had to wait two months, generally.
Durham: I didn’t. The thing is I got so busy that I was not taking these. I don’t know if I filled them in a month, two months, three months. It’s been a lot — I don’t think it’s been a year since I’ve seen him.
Whitney: So you said —
Durham: But they are me. It is me that’s supposed to get the thing. I think ‘13 is the right date.
Whitney: Did you, you said you mentioned or saw at the doctor’s office they were scribbled on, or you saw them do it or something.
Durham: I noticed that there were two of them, where there was a little bit, I noticed that there was like a pen mark on it, like one where where he had signed it and there was another that was like, it was something. I thought it was a three. I’m getting nervous because I think it was a three.
Whitney: Listen, listen to this. You needn’t get nervous, because this isn’t the end of the damn world. But clearly, I’ve talked to the office manager, I’ve talked to…
Durham: (growing into a heavy, southern drawl) You think I scribbled the three? Ya’ll think it was a two?
Whitney: Listen, I didn’t do that. I didn’t write the three. You know, whatever, this is not Capone, this is not the great mystery of the 21st Century.
Durham: But you all take this shit seriously, man, I’m not trying to —
Whitney: We take ‘scripts seriously which is how I get here. Obviously, they take ‘ scripts because ‘scripts are a big deal and they are a serious problem. What, you know, listen, you’re not making ‘scripts, you’re not selling shit on the open market, that’s not you. I’m not here to say that’s you.
Durham: We’re passing laws to protect people from this shit.
Whitney: Listen, I’m with you.
Durham: We’ strengthened this shit.
Whitney: Dude, I voted for you.
Durham: You had my damn sign. Didn’t you? You publicized.
Whitney: I’m not out against you.
Durham: I’m trying to crack down on these people.
Whitney: Listen, I get it.
Durham: I try to keep you guys in there, you know.
Whitney: Listen, I get it.
Durham: That’ doesn’t matter. I’m not trying to use that.
Whitney: I know you’re not, and I’m not, there’s no favor either way. I’m just saying this is what we do and I got the call, and you know, the doc says, “Listen, I didn’t do that. I didn’t authorize that to be done. The pharmacy called me about it, so listen, we didn’t put it on there because we found it after he delivered it two or three days ago.
Durham: So, when was my last visit, though? I don’t believe —
Whitney: I don’t, listen, I haven’t looked at your medical records. I’ve subponaed them but I have not looked at them.
Durham: Well, here’s what I think. I believe that he thinks he, I’m don’t even, I’m not even going to speak for him but I believe those really were done in ‘13. I think those, whatever is scribbled on there, I think that’s the correct date.
Whitney: Well, they have copies of the prescriptions that they gave you. After he wrote them —
Durham: What date is on them, is my thing.
Whitney: Clearly ‘12.
Durham: Clearly ‘12. When is the last time I went there? I don’t go there unless I get a ‘script.
Whitney: Listen, I can’t look it, when I go there to verify something, I can’t say, “Just give me the file,” because that’s a violation of HIPPA.
Durham: Cannot you still fill a prescription though, if it’s a year later. You can.
Whitney: No, they’re invalid.
Durham: How long?
Whitney: Six months or a year, depending on what it is.
Durham: So, they’re saying I shouldn’t have filled it because more than a year, I scribbled a three instead of a two because it sat in my car for a year. That’s what they’re saying?
Whitney: Yeah. I mean, if you hadn’t scribbled a three —
Durham: I had a case like this with Andre and she dismissed it. I still don’t want to get arrested. (laughs)
Whitney: No, let’s not, I just want the facts so I can be done with this and walk away from it.
Durham: [Unintelligible] for a while. If I tell you something wrong, then I’ll be lying to you.
Whitney: You’re right, I don’t want you to tell me anything that not —
Durham: I told you everything I remember, unless you’ve [Unintelligible]
Whitney: So listen, if you wrote a three on it and turned it in, fine.
Durham: (Whispers) I’m not lying to you. I really don’t remember doing that. I don’t think I did. If they made a copy of it and they’ve got that, they did. I know, I asked you, I’m a lawyer. I’m not going to scribble a damn three.
Whitney: You’re a lawyer and you’re honest and you’re a legislator, and more than that, you’re a good guy.
Durham: I’m not going to scribble a damn three on a damn ‘script. I’m just not going to scribble through on a script, because I have to do this shit.
Whitney: Listen, I get it. But if you say, “Listen dude —
Durham: I can just go back and get another one. You’re right, insurance
Whitney: It’s that simple. It’s that simple. You can just go and get another one, it’s that simple.
Durham: It ain’t worse talking to you out in the parking lot getting Miranda rights read to me.
Whitney: But if you wrote a three, just say, “Will, listen, I’m going to put my big boy pants on and I’m going to tell you the truth.”
Durham: I’m not, I’m not willing to lie to you, but I didn’t. I, I don’t remember putting a three. If you have a camera of me putting a three, God bless you, I don’t remember it.
Whitney: Of course we don’t have a (pause while someone rides a loud motorcycle or bike nearby) Boy, that looks dangerous. Of course I don’t have a video of you writing a three on it. That’s ridiculous, right. But what I do have is a video of you dropping it off, and I have you here picking it up. I have a copy from the doctor’s office and listen, that, we didn’t do that. And here’s a copy of what we gave him. And I have the doc saying, “Listen, I didn’t scribble that or authorize it to be scribbled.” So this —
Durham: The last person who gave it to me was working in his office, though. There were two people, actually, one tore it off, I think. One, there was one girl over here, and then one was, because it took forever because I remember because I’m sitting here like, they’re asking me for another date and I’m like, I don’t think he takes work right now because of session because it’s kind of bleeding over. But then, there were like two people who handed it, there were two different hands, they may have made a copy but somebody who handed a copy to the lady who checked me out, too. There were two hands in there.
Whitney: So it reminds me —
Durham: I’m trying to think defeat probable cause. (laughs)
Whitney: No, no, no. Listen dude. It reminds me of the lady who has a script, and she had a blue three written onto it and she circled it, right, for refills, the number of refills she could authorize. So, she said, “Listen, I didn’t do that. I mean, the doc might have.” I said, “Listen,” whatever her name was, it’s been years ago, I said, “I’ve talked to the doc, and he didn’t authorize those three scripts. It’s not a big deal. Can’t you just be honest?” She said, “You know what, I found a blue pen in my pen in my purse this morning with the top off. I bet you it just scribbled on it.” I said, really?
Durham: Would it magically circle it.
Whitney: Did it magically put a nice little three nice and circled it nice and neat with the circle connected? That’s it. That’s kind of what I feel like here.
Durham: It seems out of character.
Whitney: I feel a little like you’re saying, “I don’t remember if I wrote that.” Come on, dude.
Durham: Will, I’m not —
Whiney: You —
Durham: I feel like you’re saying that I would sit here and lie to you.
Whitney: I’m saying is that you’re nervous is all I’m saying.
Durham: I’m very damn nervous.
Whitney: That’s all I’m saying.
Durham: I’m trying to hide my nervousness and it’s still coming off very much as nervous.
Whitney: And because you’re nervous, and you’re just not —
Durham: I’m trying not to lie to you is part of it. I know, I mean, I really shouldn’t be talking to you but I feel like the public service in me really should be talking to you and feel like, I don’t have anything to hide. I really don’t feel like I did anything wrong. But I also, I realize that things can get said when you’re nervous, and they can get turned around and it diminishes your credibility later in the case.
Whitney: Well, that’s the lawyer in you deep thinking. And that’s fine. I don’t like attorneys, but I like you. But the point is —
Durham: What you want me to do?
Whitney: I just want you to tell me the truth.
Durham: Will, I really am. I do —
Whitney: You’re saying you absolutely did not put a pen on that paper?
Durham: It’s hard. Do you remember what you had for breakfast last Tuesday?
Whitney: Yeah.
Durham: What was it?
Whitney: You know what I’ve had, I’m a —
Durham: That’s bullshit.
Whitney: I’m on an eggwhite kick at the moment.
Durham: You need to know what you’ve had every day.
Whitney: For the last three weeks, I’ve had egg whites every morning.
Durham: Ok, what about the day before you started egg whites?
Whitney: Ask me about lunch. Go ahead, ask me about lunch.
Durham: (laughs)
Whitney: My wife packs me a ham sandwich with provolone.
Durham: It’s been a while on that.
Whitney: So listen. Here’s what it boils down to. If I say, “Hey, Jeremy. Did you ride a jet ski last week?” You’d say, “Uh, no.”
Durham: A jet ski, I’d remember. Sure, I would remember that.
Whitney: Did you brush your teeth with the brush turned around backwards? You know —
Durham: Yeah, I would know. That won’t work.
Whitney: Because that’s fairly irregular.
Durham: Now eating, that would work if you just changed from Taco Bell to a sandwich at your house.
Whitney: If I said, “Have you ever actually written your own prescription.” You’d say, “Well, of course not. Of course not, I’ve never done that.”
Durham: Of course not. [Unintelligible mumbling]
Whitney: I could say, have you ever put a pen on a paper that was a prescription? It’s about the same equivalent, you know. Did you ride a jet ski? No.
Durham: I would not forge a prescription.
Whitney: I’m not saying you would forge a prescription. I’m not saying you’d make a prescription.
Durham: Anything that is not supposed to be there, I would not put it on there.
Whitney: I understand that you know it is wrong, but that doesn’t answer the question.
Durham: I would not do that.
Whitney: Did you do it?
Durham: Do I remember doing it, no. And, no and what. No, I wouldn’t. So I didn’t. I did not. Did not.
Whitney: That’s your default answer, is you work through the process of elimination and you realize you should have said “No,” and so now you’re saying, “I don’t think, I don’t think I did” and you realize —
Durham: I’m trying really hard not to lie to you is what it is. That’s the reason I’m kind of covering the bases because I don’t want to say a fact that you know, that turns out to not be the case. But I wouldn’t know if I did that, so I’m going with an unequivocal method. I mean, I think that’s fair.
Whitney: What is?
Durham: To say no. Because I, I mean, I don’t remember doing that, I wouldn’t do that. So, no.
Whitney: Did anybody else have access to your prescriptions?
Durham: Oh, good lord. We’ve changed legislative offices since then. I mean, Hell, I was in [War Memorial Building] second floor, you’ve got all those guys, moving those, moving guys, that moved me down. Because I had it up there, now it’s in my glove compartment, because I need to get it filled. The problem is I’m not in Nashville anymore and I needed it in Franklin, because if I’m not there, I need it here. So I was kind of gradually kind of getting my stuff from there. Oh yeah, plenty of people had access to it.
Whitney: But it doesn’t make sense that someone would write on your prescription and give it back.
Durham: I have no idea why. I can’t explain it. I cannot explain it. But there’s definitely a break in the chain of custody. I mean, my assistant, good lord he would never do that. He’s a guy from Thompson Station. He’s got a law degree. He’s a good, well, I don’t mean that to, well, he’s a really good kid. He wouldn’t. The people who moved, changed offices would. I don’t know why in the Hell they would feel the need to mark on a prescription. Because you asked the question if there had been other people with possession, then yes, I think there have been.
Whitney: Well, OK. So, anybody with a —
Durham: None with a motive.
Whitney: Anybody who would benefit or would have a motive to put a three on a ‘script that they wouldn’t benefit in the least from?
Durham: That wouldn’t make any sense. I agree there wouldn’t be a motive there. But chain of custody, there would be.
Whitney: You said they were in your car for a long time?
Durham: I don’t know how long. I really think I’ve been to him in ‘13. That’s one thing, I think the correct date is ‘13.
Whitney: You might have been to him in ‘13.
Durham: I think those were given to me in ‘13, I don’t care what they say. I think they were given to me in ‘13. I think ‘13 is the correct date. I’m serious. I think the last time I was there, I mean, I can look back at my calendar. I think the last time I was there is ‘13, Will.
Whitney: You might have been there in ‘13.
Durham: But I don’t go there unless I get a ‘script. I bet what you’re going to find out is I went there in 2012, I got three filled, because he gave me those three prescriptions. I think you’ll find out that I later when there and got three more. If they had the wrong date, they had the wrong date. But that’s their fault. I’m just saying they may have put it on that first one.
Whitney: Alright, so here’s what I need. We need to stay here at Kroger’s and debate the finites. How about I get your number?
Durham: Yeah. You’ve got my cell, don’t you?
Whitney: Let me make sure.
Durham: I’ll give you my cell. I’ll just give you my card.
Whitney: Does it have your cell on it?
Durham: Yeah.
Whitney: Awesome.
Durham: Do I need to get a lawyer? Are you going that far?
Whitney: I don’t know, dude. You tell me.
Durham: Are you serious?
Whitney: I mean, typically the outcome of this is very much, everyone of these I do is different. Every one. But understand that, to a great extent, the person who I’m speaking with very much dictates the outcome of any direction that this might go.
Durham: I’ve got character witnesses. A lot of them. I mean.
Whitney: Listen, you’re harping up the wrong tree because I know you’re a good guy.
Durham: I was going to say, I’ll get, I’ll get, [unintelligible] is resigning. I’ll get him to sit up there and say that I’m —
Whitney: Dude, I know you’re a good guy. You’re trying to convince the ringmaster there’s a circus going on.
Durham: Um, what do I need to do? I mean, just you personally talking.
Whitney: So —
Durham: Do I need to call a lawyer or something?
Whitney: I need to look at your medical records first.
Durham: Yeah. I really think, Will, there is a ‘12 and there is a ‘13. I think the correct date would be ‘13. I really think that.
Whitney: Well, let me look. I have not physically put eyes on your medical record there because I can’t until I subpoena —
Durham: But that would explain why someone would do it.
Whitney: If it turns out that they actually did give you those in ‘13, and somebody, that’s one thing.
Durham: That would make sense, though.
Whitney: But if you actually got them in ‘12 —
Durham: And then kept them and was just lazy, I see what you’re saying.
Whitney: And somebody came back after the fact, you came back and said, “Oh fuck!” and you’re like —
Durham: And said, oh, let’s just make it a three.
Whitney: And you just put a three on there, OK, no big deal. Let’s just cowboy up and say it and let’s be done with this.
Durham: But I think there’s a ‘12 with three ‘script, because he always gives me three. And I think there’s a later one where it probably on the date that it says on there is ‘12 where there’s three scripts. I think that’s what happened.
Whitney: Well, let me pull your records and I’ll call you. Alright?
Durham: I kind of want to pull them now. (laughs)
Whitney: Alright. Fair enough. It’s good to see you.
Durham: Good to see you. Everything going OK?
Whitney: Yeah.
Durham: Ya’ll still kicking at the task force? (laughs) I guess I’m not getting my ‘script today.
Whitney: Probably not.
Durham: (laughs)
Whitney: No.
Durham: Wow. It’s amazing.
Whitney: Yeah.
Durham: I can’t believe this just happened.
Whitney: Yeah. It’s alright. It’s good to see you, though.
Durham: Are you going to a lot of people about this?
Whitney: Yeah, I told everybody. Did you see the billboard?
Durham: I’m embarrassed.
Whitney: Come one, dude.
Durham: Are you going to tell anyone?
Whitney: Discretion’s our thing.
Durham: Are you serious?
Whitney: Yeah. Come on, are you serious?
Durham: [District Attorney General Kim] Helper know about this? Does Helper know about this?
Whitney: I have no idea.
Durham: Does Duddy, he knows?
Whitney: Of course he knows.
Durham: What did he say? Of course you can’t tell.
Whitney: I wouldn’t, he wouldn’t say anything bad, period. He’s not that type of person. But my boss and Duddy know.
Durham: I don’t know your boss. I know Duddy.
Whitney: Well, discretion is the name of the game. So get out of the heat, go hang out into the air conditioning.
Durham: (whispers) Does Duddy have a wife? Can you tell me that?
Whitney: Dude, listen —
Durham: Can you do me one thing? Can you do me one personal favor, this is not a professional thing. If you call me back and you do, like, see a problem and you think that I might need to, will you tell me. Think about it.
Whitney: Yeah, I’ll tell you.
Durham: Because, I just, if you’ve got like, I, I just don’t usually have people, believe it or not, pull me aside in Kroger.
Whitney: Yeah, I know.
Durham: OK.
Whitney: But you’re a smart dude. You’re smarter than most, actually.
Durham: Apparently not.
Whitney: Listen, you made a mistake, you made a mistake and that’s fine. That’s one thing. You’re not making them. You’re not selling them. You’re not a mastermind of criminal organization.
Durham: (whispers) I’m not saying I did, though. I’d love to just sit here and just shoot straight with you.
Whitney: Well, then, do that.
Durham: (whispers) I don’t, I don’t, I don’t think I did. That’s the thing. I know the consequences of doing that. I handle cases like that. The cost-benefit is just not proportional.
Whitney: OK, that’s fair.
Durham: Like, I understand that, like when you look at that, that’s glowing. If there’s like ink and it’s not printed out, I get that. I mean, people know that. I understand that. My wife is an eye doctor. She understands that it looks like that. I just wouldn’t have done that. I don’t know.
Whitney: OK. Get out of the heat. Calm down. Good to see you.
Durham: I need to call my wife. See ya.
Whitney: See ya, buddy.
