JURY FINDS PAIN SPECIALIST NOT GUILTY ON MANY CHARGES

Cecil Byron Knox Still Faces a Potential Life Sentence in Connection With a
Patient's Death.

A federal jury Friday found Roanoke pain specialist Cecil Byron Knox
not guilty on most of the drug charges he faced in connection with the
allegation that he prescribed narcotics outside the scope of
legitimate medical practice. The jury also exonerated Knox's office
manager, Beverly Gale Boone, of the drug distribution charges she faced.

The jury did not convict any of the defendents in the case.

The prosecution was one of an increasing number across the United
States that has pitted law enforcement officials against some members
of the medical community over the question of what constitutes the
legitimate prescription of narcotics such as OxyContin and who should
be making that decision.

At almost eight weeks - the longest trial in Western Virginia in
decades - it was also a case that raised questions about the validity
of some of the charges.

For example, Chief U.S. District Judge Samuel Wilson dismissed all
charges against one of the defendants, Kathleen O'Gee, before the
defense even started its case.

But federal prosecutors have already vowed to try Knox, Boone and
licensed professional counselor Willard Newbill James on the remaining
charges for which the jury could not reach a unanimous decision, they
said Friday. Most of those charges are racketeering, conspiracy and
fraud charges.

Knox also still faces a potential life sentence in connection with two
allegations that he prescribed painkillers outside the scope of
legitimate medical practice, which led to the death or serious injury
of two people.

Those people include Monte Kidd, a Salem resident and Knox patient who
died in October 2001. Federal prosecutors argued that he died of an
overdose of painkillers that Knox prescribed.

Knox is also still accused of causing severe withdrawal symptoms
suffered by a baby born to a patient, Chris Ann Brown, who took
medications Knox had prescribed. Knox also still faces other drug
distribution charges.

After the verdict, Knox, flanked by his wife, Donna, and son and
daughter, said he was grateful for the support he received.

But he added, "we still have a ways to go." He said he felt very
positive about the future, and that the first thing he planned to
concentrate on was getting his health back in order. Knox is in
remission from non-Hodgkin's lymphoma.

He also vowed, "I'm going to be back in practice."

But federal prosecutors, in telephone interviews after the verdict
came down, made a promise of their own Friday.

"We greatly appreciate the hard work of this jury and are disappointed
that they were not able to finish their work," said U.S. Attorney John
Brownlee. "But we will prosecute Cecil Knox for the racketeering,
fraud and remaining drug counts, as well as Ms. Boone and Mr. James."

Federal prosecutor Rusty Fitzgerald said in a separate interview that
"the jury's inability to resolve some of the counts is no indication
of the strength of the case or the brilliance of the defense
attorneys. It's an indication that this jury, with these instructions,
just couldn't decide."

A juror in the case, who spoke on condition of anonymity in a
telephone interview, said the deliberations - which took about 5 1/2
days - were "long and intense" because there was so much to consider.
But, the juror said, "overall, there just wasn't a whole lot of strong
evidence either way. This was a case with a lot of opinion."

They worked hard, the juror said, and even though they had differences
of opinion, they respected one another's views.

"Every single person really tried hard to come up with what they felt
was right," the juror said.

The juror said the decisions the 12-member jury made hinged mostly on
whether the defendants had the knowledge and the intent to commit crimes.

"I think the evidence acknowledged mistakes were made and there was
some carelessness," the juror said. "But to make the jump from that to
that they were criminal acts, there just was not strong evidence
there." With respect to office manager Boone, the juror said the jury
members agreed that she was not guilty of the drug charges she faced
because "she didn't write the prescriptions and she didn't personally
give them drugs or anything like that."

The juror also said the jury tried hard to look at the evidence
pertaining to each of the charges, and not what Knox might have done
outside of the charges that they might have considered
inappropriate.

"If something didn't really apply to the charges specifically, we
didn't really consider it," the juror said.