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News (Media Awareness Project) - US VA: New Charges Pile UP On Pain Doctor
Title:US VA: New Charges Pile UP On Pain Doctor
Published On:2004-01-22
Source:Roanoke Times (VA)
Fetched On:2008-01-18 23:40:30
NEW CHARGES PILE UP ON PAIN DOCTOR

The New Counts Against Cecil Byron Knox And Two Associates Come Less Than
Three Months After A Roanoke Jury Did Not Convict Them On Any Charges.

A federal grand jury in Charlottesville returned new charges against
Roanoke pain specialist Cecil Byron Knox and two associates Wednesday.

The new counts against Knox, his office manager Beverly Gale Boone, and
licensed professional counselor Willard Newbill "Bill" James Jr. are the
latest development in the case against them. This indictment replaces the
old charges they faced, and it reflects some information that came out at
their first trial.

The charges come less than three months after Knox, Boone and James stood
trial for about eight weeks in federal court in Roanoke. The jury voted to
acquit them on about half of the 69 charges that remained at the end of
trial, and could not reach a verdict on the other counts. Federal judge
Samuel Wilson dismissed all charges against the fourth defendant in the
case, Kathleen O'Gee.

In the first trial, both Knox and Boone faced potential life sentences in
connection with 17 prescriptions that federal prosecutors Rusty Fitzgerald
and Patrick Hogeboom argued led to the death or serious injury of nine of
Knox's patients.

Boone was acquitted on all of those counts. Knox was also acquitted of most
of the counts, but the jury deadlocked on the question of prescriptions
issued to Monte Kidd, Michael Debusk and Chris Ann Brown.

Knox now faces 14 counts that he prescribed medication outside the scope of
legitimate medical practice to Brown, Kidd and Debusk and a potential life
sentence on each of those charges.

Eleven of those counts correspond to prescriptions of OxyContin and OxyIR
issued to Brown, a patient Knox treated while she was pregnant. Federal
prosecutors alleged in the first trial that her baby daughter suffered from
life-threatening withdrawal from painkillers after she was born.

Tony Anderson and John Lichtenstein, defense attorneys for Knox and his
practice, Southwest Physical Medicine and Rehabilitation, argued during the
trial that Brown's obstetrician knew about and did not object to Knox's
prescription of painkillers to Brown during her pregnancy. They declined to
comment on the new indictment Wednesday.

Two other counts relate to Knox's prescription of the painkillers Actiq and
morphine sulfate to Kidd, who lived in Salem. Kidd died in 2001, but his
son testified during Knox's first trial that Knox told his father not to
take the Actiq with the morphine sulfate.

The final overdose count relates to a methadone prescription to Michael
Debusk, who died in 2001.

The perjury charge in the case also stems from Knox's treatment of Brown.

Federal prosecutors say that Knox lied when he testified at his trial that
Brown told him she was afraid she could not carry her baby to term and that
she might have to abort it because of the pain she was experiencing.

Knox, 54, also faces 64 counts of prescribing medication outside the scope
of legitimate medical practice to five patients. The new indictment
contains a total of 95 charges.

Knox increased the income generated from his medical practice more than 250
percent from 1996 to 2000 as part of what federal prosecutors say is a
criminal pattern that included racketeering, fraud, kickback payments and
drug trafficking, the new indictment also alleges.

The new indictment also includes the new allegation, which came out at the
first trial, that Knox ranked fifth out of 187,453 OxyContin prescribers
around the United States based on the value of the drug he prescribed. The
indictment also alleges that he repeatedly prescribed the stimulant Fastin
to one of his patients with the understanding that the patient would split
the medication with him.

Knox and Boone, 44, still also face charges of racketeering, conspiracy to
commit racketeering, criminal conspiracy, mail fraud and health care fraud,
as well as charges that they were part of an illegal kickback scheme.

James also faces criminal conspiracy, mail fraud and health care fraud charges.

Knox's former practice is no longer charged in the case at all.
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