FEDS TO TAKE PAIN CLINIC CASE: U.S. DISTRICT ATTORNEY TO HANDLE PROSECUTION The criminal indictments filed as a result of the 2003 investigation into the former Professional Pain Management of Ohio are on the verge of being dismissed for a second time. But this time it's at the request of Tuscarawas County prosecutors, who have been notified that federal prosecutors have decided to look into the matter. A succinct request for dismissal was filed by Assistant Prosecutor David C. Hipp in each of the nine cases Thursday. A hearing on the requests is expected to be scheduled before Tuscarawas County Common Pleas Court Judge Edward O'Farrell. "The Tuscarawas County prosecutor's office has requested dismissal of the indictments filed against Professional Pain Management of Ohio, Dusini Drugs Inc., Strasburg Pharmacy, Dr. Edward DeHaas, Dr. William Napoli, Scott Vinci, Connie Campbell, Michael Dennis and Amy Froman," Hipp said Thursday in a press release. "The motions for dismissal result from the decision of the U.S. Attorney for the Northern District of Ohio to issue notices to these same defendants for prosecution for violations of federal law related to the conduct which is the subject of the Tuscarawas County indictments. The scope of the federal laws involved may be greater than the Ohio offenses charged in the indictments." The decision comes less than two weeks after the cases were scheduled for jury trials before O'Farrell between early June and late September. The decision also makes moot an order issued by O'Farrell to transcribe all grand jury proceedings in each case for review. Hipp said investigators and his office have received assistance from various federal agencies while attempting to prosecute the cases. "Federal prosecution eliminates one of the more serious difficulties with local prosecution, the securing of witnesses from out of state, primarily eastern Kentucky, for testimony in Ohio courts," he said. Hipp also noted that should there be a conviction or an acquittal of any of the defendants on federal drug charges, the county could not prosecute them for the same conduct. Last year, the first set of indictments filed against the group was dismissed by O'Farrell at the request of defense attorneys. The businesses -- the clinic, Dusini Drugs Inc. at 315 E. High Ave., New Philadelphia, and SCP Inc., doing business as Strasburg Pharmacy, at 1120 N. Wooster Ave., Strasburg -- are charged with engaging in a pattern of corrupt activity. DeHaas, 65, and Napoli, 49, both of Canton, are charged with drug trafficking and engaging in a pattern of corrupt activity. The pharmacists, Vinci, 39, of New Philadelphia; Campbell, 45, of Mineral City; Dennis, 35, of Massillon; and Froman, 42, of Strasburg, are charged with drug trafficking. It is unclear whether the 23 counts of illegal processing of drug documents filed against Napoli will stand. Napoli is accused of taking prescription forms from the pain clinic and forging them in order to obtain hydrocodone for himself in Stark County between Oct. 19, 2003, and Sept. 3, 2004. DeHaas and Napoli are accused of prescribing large quantities of hydrocodone, an addictive painkiller, and the pharmacists are accused of filling those prescriptions. Investigators suspect the pills later were being sold illegally on the street. The indictments stem from a 10-month investigation into the clinic, which was located on Rt. 39 near I-77 at New Philadelphia. The clinic opened in February 2003 and was closed during a raid Dec. 16, 2003, the same date a search warrant was executed and 2,700 patient files were seized. More than 85 percent of the clinic's patients were Kentucky residents.
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