JURY SELECTION STARTS IN LUYAO TRIAL

PORT ST. LUCIE -- In December 2001, detectives concerned over
painkiller prescriptions first served a search warrant at the Port
St. Lucie office of Dr. Asuncion Luyao.

Five years later, the question of whether Luyao, 64, ran a legitimate
medical practice or a criminal one has yet to be decided. Jurors in
her first trial took a week -- likely a county record -- debating the
charges against her without reaching a consensus, resulting in a mistrial.

Today, jury selection will begin in her retrial and a new group of
people will have the opportunity to decide her fate. Attorneys on
both sides declined to comment prior to trial, citing a gag order in
the case, but the first trial presents a blueprint for some of the
issues that will likely resurface the second time around. The retrial
is expected to last three to four weeks.

The case

Dr. Asuncion Luyao faces six counts of manslaughter, six counts of
trafficking in oxycodone and a single count of racketeering.
Prosecutors say her medical practice was a criminal enterprise that
flaunted the law and resulted in six patient overdose deaths in 20 months.

The trafficking charges come from an undercover agent who allegedly
received painkillers without a physical exam, past medical records or
diagnostic studies. Prosecutors also argue the racketeering charge,
often used in Mafia cases, applies in the Luyao case because her
medical office allegedly was a "criminal enterprise," where Medicare
was billed for prescriptions in "bad faith" and she allegedly
trafficked in non-legitimate prescriptions.

Luyao's defense counters she was a caring, but overworked, doctor who
was manipulated by addicts desperate for drugs. In her first trial,
the defense presented testimony from a medical examiner who thought
natural causes were responsible for some of the patient deaths and
pointed out that suicide could not be ruled out in two of the cases.

Many of the deceased patients also abused their medication or mixed
it with other drugs against Luyao's instructions, the defense says,
arguing her actions might not have been the best medical practice,
but they were not criminal.

Luyao's first trial

Charges: 13 counts (racketeering, manslaughter and trafficking in oxycodone)

Trial length: 18 days

Jury deliberations: 5 days

Prosecution witnesses: 55

Defense witnesses: 3

Exhibits: More than 200

Chronology

Dec. 6, 2001 -- A search warrant is served at Dr. Asuncion Luyao's
office after a six-month investigation reveals a "tremendous" amount
of painkiller prescriptions being written.

March 26, 2002 -- Luyao is arrested on drug trafficking, racketeering
and Medicaid fraud charges. The state Department of Health suspends
her medical license, citing complaints that drugs she prescribed
contributed to patient deaths.

April 4, 2002 -- Supporters pack a courtroom in support of Luyao
during a bond-reduction hearing. Her bond is lowered, but remains
above $1 million.

May 3, 2002 -- The Fourth District Court of Appeal rules Luyao's bond
is too high and a judge drops the amount. Later that month she is
freed on bond after 49 days in jail.

June 24, 2002 -- Luyao is arrested again on four counts of
manslaughter in connection with the deaths of patients and freed again on bond.

July 24, 2002 -- Luyao settles a civil suit filed by the family of a
deceased patient for $231,250. It is the second civil suit settled
out of court.

Feb. 12, 2003 -- Two more charges of manslaughter are added against the doctor.

Sept. 20, 2004 -- Luyao's scheduled trial is delayed because of the hurricanes.

May 9, 2005 -- Jury selection begins in her first trial.

May 27, 2005 -- Deliberations begin after jurors heard testimony from
more than 50 witnesses.

June 3, 2005 -- Mistrial declared after jurors can't agree on a
verdict on any of the charges.

Feb. 7, 2006 -- Jury selection begins in the retrial.