ATTORNEY SAYS PERRY DOCTOR CHARGED WITH MURDER IS INNOCENT

WARNER ROBINS - A Perry doctor indicted for murder in the deaths of
six people is innocent and will prevail in court, his attorney said
Wednesday. Dr. Spurgeon Green was indicted Tuesday by a Houston County
grand jury on the murder charges, including the death of a Jesup man.
He also faces a murder charge in Wayne County for that death but the
case may be consolidated with Houston County's. "This indictment is
another of many that are occurring nationwide involving doctors who
specialize in treating chronic pain," said O. Hale Almand Jr., a Macon
attorney representing Green. "Dr. Green's treatment of his patients is
consistent with acceptable medical practices as will be clearly
demonstrated at his trial on the indictment," Almand said. Green is
accused of prescribing varied pain medications to the six people
without a legitimate medical purpose, resulting in their deaths.

More than a dozen different drugs were spelled out in the indictment,
including OxyContin, Xanax and diazepam. Almand said that the
prescription of pain medications for chronic pain sufferers is widely
misunderstood. "It's unfortunate that (Green) has to go through this
but thankfully, under our system of justice, he will have his day in
court and establish his innocence," said Almand. The names of the
people who died were included in the indictment. They were James
Eugene Carr, Elmer Lee Teal Jr., Belinda Kay Maya, Melissa Marl Allen,
Thomas Edward Bacigalupo and David Barbari. No other information,
including age or where they were from, was included in the indictment,
and Houston County District Attorney Kelly Burke did not release any
other information about them Wednesday. The death of Barbari in April
2003 led to the first murder indictment, issued in Wayne County. Burke
said Wednesday he hoped that the DA's offices in both counties would
be able to reach an agreement on which jurisdiction would prosecute
the Barbari case. But if brought before a judge to settle the issue,
Burke said he would argue that the unlawful prescribing of the
medications - the underlying felony for the charges of felony murder -
took place in Houston County. Felony murder is when someone dies in
the commission of another felony crime. Green had not surrendered
himself late Wednesday to Houston County authorities under the
indictment for the new charges.

Almand said he will work out a time with Burke in which Green will
surrender. Almand said he would seek bond for Green, while Burke said
he would oppose it. Green has been free on a $250,000 bond since
charges against him were filed last year in Wayne County. His state
license to practice medicine was revoked three days after his arrest
last August on the Wayne County charge. Sgt. Wayne Franklin, the lead
Houston County sheriff's investigator on the case, could not be
reached for comment Wednesday. Franklin's investigation spanned three
years.