Doctor faces misdemeanor drug charge
Paducah, KY - A local doctor faces a drug charge and the man's attorney says his client has been wrongfully accused.
Dr. Stewart B. Tolar is charged with Possession of Marijuana and Drug Paraphernalia, a misdemeanor.
Police say forensic evidence shows five ounces of marijuana, rolling papers and a joint holder belongs to Tolar. The OB-GYN from Paducah heads to court later this month. However, this case and the official charges were a year in the making.
In June 2009 Paducah Police arrested two people for breaking into Tolar's storage unit in Paducah. Police later arrested the two and found one of the stolen items, a fire safe, which they say contained marijuana and drug paraphernalia. Police said forensic evidence links the items to Tolar.
That forensic evidence is something Tolar's attorney Jeremy Ian Smith says is questionable.
"Fingerprints are some of the most fertile ground for forensic evidence to be challenged. It's just not reliable," Smith said.
He added, "There is absolutely zero allegations that (Tolar) has ever consumed any illegal drug. There's zero allegation that he's ever performed any procedure under any influence of any drug."
Local 6 contacted Western Baptist concerning Tolar's status as an OB-GYN. A spokesperson responded to our questions in an email which reads, in part, "Dr. Tolar is a member of our medical staff. Western Baptist Hospital does not comment on the confidential status of members of our medical staff."
"He's been wrongfully charged," Smith said. "(Tolar) has to let this play out - essentially he has to prove himself innocent which won't be much of a problem."
Smith said what is a problem is the perception these charges create.
"And that's the worst part of this case. I mean, charging him with this kind of evidence is basically trying to tarnish his reputation and ruin his career. This isn't a 'Beyond a reasonable doubt' argument. This is 'It's not mine this is bogus'."
To be clear, this is a misdemeanor charge and Tolar is,of course, innocent unless proven guilty.
To view the Paducah Police report, click here.